[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]


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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).

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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