[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 637-638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31563]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD056
Endangered Species; File No. 18600
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
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SUMMARY: Notice is hereby given that the Hudson River Sloop Clearwater,
Incorporated (hereinafter `Clearwater') has applied in due form for a
permit pursuant to the Endangered Species At of 1973, as amended (ESA).
The permit application is for the incidental take of Atlantic sturgeon
(Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (A.
brevirostrum) associated with the otherwise lawful environmental
education program conducted on the Hudson River, New York. The
education program uses small otter trawls and beach seines to collect
fish and invertebrate specimens that are held onboard the vessels for
educational purposes. The duration of the proposed permit is 10 years.
NMFS is providing this notice in order to allow other agencies and the
public an opportunity to review and comment on the application
materials. All comments received will become part of the public record
and will be available for review.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before February 5, 2014.
ADDRESSES: The application is available for download and review at
http://www.nmfs.noaa.gov/pr/permits/esa_review.htm under the section
heading ESA Section 10(a)(1)(B) Permits and Applications. The
application is also available upon written request or by appointment in
the following office: Endangered Species Conservation Division, Office
of Protected Resources, NMFS, 1315 East-West Highway, Room 13535,
Silver Spring, MD 20910; phone (301) 427-8403; fax (301) 713-4060.
You may submit comments, identified by the following document
number, NOAA-NMFS-2013-0104, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0182. click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Therese Conant.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13535, Silver Spring, MD 20910; Attn: Therese
Conant.
Instructions: You must submit comments by one of the above methods
to ensure that we receive, document, and consider them. Comments sent
by any other method, to any other address or individual, or received
after the end of the comment period may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on http://www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.)
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous). Attachments to electronic comments will
be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Therese Conant, (301) 427-856.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit the `taking' of a species listed as endangered or threatened.
The ESA defines ``take'' to mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. NMFS may issue permits, under limited circumstances to
take listed species incidental to, and not the purpose of, otherwise
lawful activities. Section 10(a)(1)(B) of the ESA provides for
authorizing incidental take of listed species. NMFS governing permits
for threatened and endangered species are promulgated at 50 CFR
222.307.
Background
NMFS received a draft permit application from Clearwater on April
16, 2013. Based on our review of the draft application, we requested
further information and clarification. On December 18, 2013, Clearwater
submitted an updated draft application. Based on review of the updated
draft, NMFS requested clarification on lethal take and alternatives
considered. On December 23, 2013, Clearwater submitted a redraft, and
based on review of the draft, NMFS determined that the application
contained sufficient information for review and consideration under
section 10(a)(1)(B) of the ESA.
Clearwater is requesting incidental take of two sturgeon (either or
combination of Atlantic and shortnose sturgeon) each year from 2014
through 2023 that may be caught in trawl or seine gear used to collect
fish and invertebrate specimens from the Hudson River, New York. The
take of ESA-listed Atlantic sturgeon is largely anticipated to be the
New York Bight Distinct Population Segment (98 percent), but
individuals may also originate from the Gulf of Maine, Chesapeake,
Carolina, and South Atlantic Distinct Population Segments. Of the total
20 individual sturgeon anticipated to be taken for the duration of the
permit, Clearwater does not anticipate lethal takes, but has applied
for 2 lethal takes for the duration of the permit in the event that
encounter conditions that lead to a mortality.
Conservation Plan
Clearwater's conservation plan describes measures to minimize,
monitor, and mitigate the incidental take of ESA-listed Atlantic and
shortnose sturgeon. Clearwater will regularly communicate New York
State Department of Environmental Conservation to avoid known sturgeon
habitat and spawning grounds. Clearwater will use small otter trawls
(95.52 by 45.72 cm doors and weigh less than 0.45 kg) and short tow
times (= <= 5 minutes). Beach seines, which allow for targeted catch,
will be used where practicable (e.g, away from urban areas and where
tides allow). If Clearwater incidentally captures a sturgeon in their
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sets, they will follow protocols for safe handling (http://www.nmfs.noaa.gov/pr/pdfs/species/kahn_mohead_2010.pdf), and
immediately release any sturgeon caught. Clearwater will maintain a
detailed log of all gear sets and will submit to the NMFS incident and
annual reports of incidental capture, if any, of listed sturgeon.
Clearwater considered and rejected the use of beach seines only.
Beach seines are not always practicable in areas of high urban use and
strong currents.
National Environmental Policy Act
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) (NEPA), as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999), an initial
determination has been made that the activity proposed is categorically
excluded from the requirement to prepare an environmental assessment or
environmental impact statement.
Next Steps
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the application, associated documents, and comments
received during the comment period to determine whether the application
meets the requirements of section 10(a) of the ESA. If NMFS determines
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed sturgeon. The final NEPA and permit determinations
will not be made until after the end of the comment period. NMFS will
publish a record of its final action in the Federal Register.
Dated: December 31, 2013.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2013-31563 Filed 1-3-14; 8:45 am]
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