Comment by James and Virginia Wagner on AV35

National Oceanic and Atmospheric Administration (NOAA) Re: RIN 0648-AV35 Dear Persons: We write as NOAA is seeking public comment on its Proposed Critical Habitat Rule and on its Proposed 4(d) Rule, which identify approximately 4,931 square miles of marine habitat in Florida, Puerto Rico, and the U.S. Virgin Islands as critical habitat for the threatened corals, a requirement of the ESA. We believe the elkhorn and staghorn corals, listed as threatened under the Endangered Species Act in May 2006, will benefit greatly from the designation of newly proposed critical habitat. We know elkhorn and staghorn coral are fast-growing, branching corals that were once found throughout the Caribbean. It is estimated that more than 90 percent of these corals have been lost because of disease, coral bleaching, and tropical storm damage. Furthermore, the overall deterioration of coral reef habitats appears to be compromising the species? ability to reproduce, making this proposed designation even more important. ?Designating critical habitat for these species is important because it informs the public of areas that are crucial to the conservation of the species and identifies where conservation actions will be most effective,? said Dr. Roy Crabtree, NOAA Fisheries Service?s southeast regional administrator. ?The designation will also help ensure that federal government activities are planned to avoid destruction of these important habitats.? Areas designated as critical habitat contain features that are not directly protected under existing laws but are essential to the conservation of the species. For these threatened corals that includes natural hard bottom and dead coral skeletons in water depths less than 30 meters. Protecting these features will maximize the potential for successful recruitment and population growth. The areas proposed for designation include shallow, near shore areas in : 1. South Florida, from Palm Beach County through the Dry Tortugas, covering approximately 3,301 square miles; 2. Puerto Rico, covering approximately 1,383 square miles; 3. St. John/St. Thomas, covering approximately 121 square miles; and 4. St. Croix, covering approximately 126 square miles. While the designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area, it does require that federal agencies that undertake, fund, or permit activities that may affect critical habitat to consult with NOAA?s Fisheries Service to ensure actions do not adversely modify or destroy critical habitat. We lend our full support for NOAA?s Proposed Critical Habitat Rule and its Proposed 4(d) Rule. Thank you for this opportunity to comment. Respectfully, James and Virginia Wagner 4897 East Walnut Street Westerville, Ohio 43081