[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Page 5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02320]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF285
Endangered Species; File No. 21293
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permit.
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SUMMARY: Notice is hereby given that NMFS has issued a permit to Mr.
Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), for the
incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi),
loggerhead (Caretta caretta Northwest Atlantic Ocean Distinct
Population Segment), green (Chelonia mydas North Atlantic Distinct
Population Segment), Kemp's ridley (Lepidochelys kempii) and
leatherback sea turtles (Dermochelys coriacea) associated with the
otherwise lawful trawling activities in Florida state waters of Bay,
Gulf, Franklin, and Wakulla Counties.
ADDRESSES: The incidental take permit, final environmental assessment,
and other related documents are available on the NMFS Office of
Protected Resources website at http://www.nmfs.noaa.gov/pr/permits/esa_review.htm.
FOR FURTHER INFORMATION CONTACT: Sara Wissmann, phone: (301) 427-8402;
email: [email protected].
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibits 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. The regulations for
issuing incidental take permits for threatened and endangered species
are promulgated at 50 CFR 222.307.
NMFS received a permit application from GSML on February 4, 2016.
Based on our review of the application, we requested further
information and clarification. On July 22, 2016, GSML submitted
supplemental information to its application. NMFS and GSML held further
discussions on amount and extent of anticipated takes and
clarifications of gear type to be used. On March 16, 2017, NMFS
notified GSML of this approach, and GSML confirmed the updated approach
on March 21, 2017.
On April 12, 2017, we published a notice of application receipt and
requested review and comment on the application and conservation plan
in the Federal Register (82 FR 17638). The public comment period for
the application and conservation plan closed on May 12, 2017. NMFS
received three comments on the action, all were generally supportive of
the issuance of the permit. Specific concerns were raised on duration
of the permit and oversite of activities covered by the permit, which
were address in the Environmental Assessment.
On November 6, 2017, we published a notice of availability of the
draft Environmental Assessment and requested review and comment in the
Federal Register (82 FR 51398). The public comment period for the
Environmental Assessment closed on December 6, 2017, and no comments
were received. NMFS has issued the requested permit under the authority
of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531
et seq.) and the regulations governing the taking, importing, and
exporting of endangered and threatened species (50 CFR parts 222-226).
This permit authorizes the incidental take of up to a total of six
sea turtles, all live, in any combination, of loggerhead, green, Kemp's
ridley or leatherback sea turtles and up to six Gulf sturgeon, alive.
If incidental captures reach the established level for either turtles
or sturgeon, GSML must cease activities authorized under this ITP. Take
must be incidental to otherwise lawful trawling activities described in
the ITP application, and as conditioned in the permit. This ITP covers
incidental take from date of issuance through December 11, 2035.
The conservation plan prepared by GSML describes measures designed
to minimize and mitigate the impacts of any incidental takes of ESA-
listed sea turtles and sturgeon. The main way that GSML will do this is
by limiting tow times to 30 minutes. In the case of incidental capture
this plan includes provisions to ensure that any captured sea turtles
in need of resuscitation are provided such care, per NMFS guidelines.
Additionally, any turtles needing medical attention or rehabilitation
will be cared for by authorized persons and facilities. This permit
also requires the applicant to follow specific handling procedures for
Gulf sturgeon to minimize impacts to this species should an interaction
occur. The conservation plan mitigates the impacts of any incidental
takes of ESA-listed sea turtles that are harmed due to interactions
with other fisheries in the area. Specifically, GSML will remove,
taking into account any human safety considerations, any turtles it
encounters entangled in fishing lines, nets, and trap ropes. If any of
these sea turtles require care, GSML will transport them to a permitted
sea turtle rehabilitation facility.
Dated: February 1, 2018.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2018-02320 Filed 2-5-18; 8:45 am]
BILLING CODE 3510-22-P