[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)] [Notices] [Page 39442] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19131] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [I.D. 072296C] Endangered Species; Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of permit 1008 for incidental take (P609). ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that NMFS has issued Permit 1008 to the North Carolina Division of Marine Fisheries (NCDMF) for the incidental take of listed sea turtles. ADDRESSES: The application and related documents are available for review by appointment in the following offices: Office of Protected Resources, F/PR8, NMFS, 1315 East-West Hwy., Room 13307, Silver Spring, MD 20910-3226 (301-713-1401); and Director, Southeast Region, NMFS, NOAA, 9721 Executive Center Drive, St. Petersburg, FL 33702-2432 (813-893-3141). SUPPLEMENTARY INFORMATION: Notice was published on June 6, 1996 (61 FR 28854) that an application had been filed by NCDMF for the incidental take of listed sea turtles as authorized by the Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531-1543) and NMFS regulations governing listed fish and wildlife permits (50 CFR parts 217-222). NCDMF requested a five-year permit for the incidental take of sea turtles by shrimp trawling activities in North Carolina in a restricted area up to 1 nm offshore from Rich's Inlet (34 deg.17.6'N) to Brown's Inlet (34 deg.35.7'N). This permit replaces the NMFS 1992-1995 temporary rules which allowed shrimp trawlers to use shorter tow times in lieu of towing turtle excluder devices (TEDs), due to the heavy concentration of algae in this restricted area which clogs the TEDs and renders them inoperable. The exemption period will be from April 1 through November 30 from 1996-2000. Each year, when NCDMF determines that the algae concentration is heavy enough to render TEDs inoperable, they will issue a proclamation allowing shrimpers to apply for tow-time exemption permits. Tow times, measured from the time the trawl doors enter the water until the time they are removed from the water, would be limited to 55 minutes between April 1 and October 30, and 75 minutes for the month of November. NCDMF would consult with NMFS if the following lethal take occurred in any one year that was directly attributable to tow-time exemption tows: one Kemp's ridley, hawksbill, green, or leatherback turtle, or two loggerhead turtles. There are approximately 20-45 shrimp trawlers utilizing the restricted area. Tow times will be monitored from shore, and there will be 5% observer coverage in the restricted area for at least the first year of the permit. In addition, NCDMF will impose further restrictions as necessary, including terminating the tow-time option should algae concentrations decrease enough to make TEDs practicable. On July 15, 1996, NMFS issued Permit 1008 for the above incidental take. Issuance of this permit, as required by the ESA, was based on a finding that: (1) The taking will be incidental; (2) the applicant will, to the maximum extent practicable, monitor, minimize, and mitigate the impacts of such taking; (3) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (4) there are adequate assurances that the conservation plan will be funded and implemented, including any measures required by the Assistant Administrator. Dated: July 22, 1996. Robert C. Ziobro, Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 96-19131 Filed 7-26-96; 8:45 am] BILLING CODE 3510-22-F