Notice2022-27799
Endangered Species; File No. 27106
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries (NCDMF) has applied in due form for a permit pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF's application includes a conservation plan designed to minimize and mitigate take of endangered or threatened species. The permit application is for the incidental take of ESA-listed sea turtles and sturgeon associated with the otherwise lawful gill net fisheries operating in the inshore waters of North Carolina. The duration of the requested 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78659-78661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27799]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC503]
Endangered Species; File No. 27106
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application and conservation plan for an
incidental take permit; and request for comment.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the North Carolina Department of
Environment and Natural Resources, Division of Marine Fisheries (NCDMF)
has applied in due form for a permit pursuant to the Endangered Species
Act of 1973, as amended (ESA). As required by the ESA, NCDMF's
application includes a conservation plan designed to minimize and
mitigate take of endangered or threatened species. The permit
application is for the incidental take of ESA-listed sea turtles and
sturgeon associated with the otherwise lawful gill net fisheries
operating in the inshore waters of North Carolina. The duration of the
requested 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
(see ADDRESSES) on or before January 23, 2023.
ADDRESSES: The application is available for download and review at
<a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits">https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits</a> and at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
The application is also available upon request (see FOR FURTHER
INFORMATION CONTACT).
You may submit comments, identified by NOAA-NMFS-2022-0115, by
Electronic Submission: Submit all electronic public comments via the
Federal eRulemaking Portal <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter [NOAA-
NMFS-2022-0115] in the Search box. Click on the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on <a href="http://www.regulations.gov">http://www.regulations.gov</a> without change. All Personal Identifying
Information (e.g., name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
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: Celeste Stout, NMFS, Office of
Protected Resources at <a href="/cdn-cgi/l/email-protection#c8abada4adbbbcade6bbbca7bdbc88a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="0162646d647275642f72756e7475416f6e60602f666e77">[email protected]</span></a>, 301-427-8403; Wendy
Piniak, NMFS, Office of Protected Resources at <a href="/cdn-cgi/l/email-protection#0f786a616b76217f6661666e644f61606e6e21686079"><span class="__cf_email__" data-cfemail="f483919a908dda849d9a9d959fb49a9b9595da939b82">[email protected]</span></a>,
301-427-8402.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
[[Page 78660]]
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.
Species Covered in This Notice
The following species are included in the conservation plan and
permit application: Loggerhead (Caretta caretta), green (Chelonia
mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys
imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles, and
Atlantic (Acipenser oxyrinchus) and shortnose (A. brevirostrum)
sturgeon.
Background
NMFS received a draft permit application from NCDMF on June 22,
2022. Based on our review of the draft application, we requested
further information and clarification on their mitigation measures and
take requests. On December 2, 2022, NCDMF submitted an adequate and
complete application for the take of ESA-listed sea turtles and
sturgeon. This take is the result of the gill net fisheries operating
in the internal coastal waters of North Carolina (NC) and the deploying
of anchored gill nets (i.e., passive gill net sets deployed with an
anchor or stake at one or both ends of the nets).
The number of requested takes are expressed as estimates across the
fishery based on model predictions when appropriate for Atlantic
sturgeon, green sea turtles, and Kemp's ridley sea turtles. When takes
could not be modeled (shortnose sturgeon, and hawksbill, leatherback,
and loggerhead sea turtles), requested takes represent counts of
observed takes. Additionally, in some instances, with low sample sizes,
the estimates from the model output were sufficiently low such that a
single observed interaction could extrapolate to a higher number of
takes in real-time using the proportion method, even if the final
estimated take using the model would not.
For the development these take numbers, NCDMF defined Time Period
(TP) categories as follows: TP 1 (2013-2019, before regulations due to
Amendments 2 and 3 of the southern Flounder Fishery Management Plan
[FMP]), TP 2 (2020-2029, the 10 years of regulations due to Amendments
2 and 3 of the Southern Flounder FMP which reduced fishing effort), and
TP 3 (2029-2033, after the rebuilding period of the Southern Flounder
stock and regulations due to Amendments 2 and 3 would likely be removed
or altered). Portions of TP 2 and TP 3 represent the 10 years for this
ITP application.
NCDMF is requesting incidental take as follows in rolling 2 year
(ITP Year) intervals (i.e., takes may not exceed permitted levels in
any two consecutive years) for TP 2 (Table 1) and TP 3 (Table 2):
Table 1--September 2023-August 2029--Time Period 2
[TP 2]
----------------------------------------------------------------------------------------------------------------
Requested 2-
Species Mesh-size category Disposition Predicted or year rolling
observed takes take TP2
----------------------------------------------------------------------------------------------------------------
Atlantic sturgeon................ Large & Small...... Live............... Predicted.......... 436
Large & Small...... Dead............... Observed........... 6
Green sea turtle................. Large & Small...... Live............... Predicted.......... 542
Large & Small...... Dead............... Predicted.......... 170
Kemp's ridley sea turtle......... Large.............. Live............... Observed........... 10
Large.............. Dead............... Observed........... 4
Small.............. Live or Dead....... Observed........... 4
Shortnose sturgeon............... Large & Small...... Live or Dead....... Observed........... 4
Hawksbill sea turtle............. Large & Small...... Live or Dead....... Observed........... 4
Leatherback sea turtle........... Large & Small...... Live or Dead....... Observed........... 4
Loggerhead sea turtle............ Large & Small...... Live or Dead....... Observed........... 24
----------------------------------------------------------------------------------------------------------------
Table 2--September 2029-August 2033--Time Period 3
[TP 3]
----------------------------------------------------------------------------------------------------------------
Requested 2-
Species Mesh-size category Disposition Predicted or year rolling
observed takes take TP3
----------------------------------------------------------------------------------------------------------------
Atlantic sturgeon................ Large & Small...... Live............... Predicted.......... 1,740
Large & Small...... Dead............... Predicted.......... 112
Green sea turtle................. Large & Small...... Live............... Predicted.......... 588
Large & Small...... Dead............... Predicted.......... 182
Kemp's ridley sea turtle......... Large.............. Live............... Predicted.......... 114
Large.............. Dead............... Observed........... 4
Small.............. Live or Dead....... Observed........... 4
Shortnose sturgeon............... Large & Small...... Live or Dead....... Observed........... 4
Hawksbill sea turtle............. Large & Small...... Live or Dead....... Observed........... 4
Leatherback sea turtle........... Large & Small...... Live or Dead....... Observed........... 4
Loggerhead sea turtle............ Large & Small...... Live or Dead....... Observed........... 24
----------------------------------------------------------------------------------------------------------------
[[Page 78661]]
Conservation Plan
NCDMF's conservation plan describes measures to minimize, monitor,
and mitigate the incidental take of ESA-listed sea turtles and
sturgeon. The conservation plan includes gill net fisheries operating
in estuarine waters and deploying anchored gill nets as regulated
through fisheries rules adopted by the North Carolina Marine Fisheries
Commission and proclamations issued by the NCDMF director. Regulations
include mandatory net attendance, yardage limits, mesh size
restrictions, a minimum distance between fishing operations, gear
marking requirements, soak-time restrictions, net shot limits, net
height tie-down requirements, closed areas, and monitoring and
reporting requirements. The conservation plan includes an adaptive
management and monitoring program, fisheries reduction, outreach, and
timely response to ``hotspots'' where sturgeon and/or sea turtle
interactions are unusually high.
Additionally, NCDMF will commit funds of up to $2,000 per year to
purchase PIT tags, which equates to approximately 100 tags per year.
This number exceeds the average number of live Atlantic Sturgeon
observed during ITP years 2013 through 2021 and should ensure that
sturgeon in condition fit for tagging are PIT tagged unless poor
maritime conditions make tagging infeasible. As part of the Observer
Program sampling protocol, fin clips are taken from live and dead
sturgeon. These samples are stored until they can be submitted for
genetic analysis and included in the sturgeon genetics repository
currently housed at the Atlantic Coast Sturgeon Tissue Research
Repository (ACSTRR) at the Leetown Science Center. The NCDMF will
commit up to $3,000 per year to fund genetic analysis; at approximately
$100 per sample, this funding provides for the analysis of
approximately 30 fin clips per year. The NCDMF will consult with NMFS
to ensure samples collected during the current ITP and future samples
collected under the requested ITP are appropriately selected based on
criteria such as sturgeon length, location, and season. Should fewer
than 30 fin clips be collected for a given year, any funds not expended
from this allocation could be used for analysis of historical samples
provided by NCDMF.
Research is also a valuable tool to address data gaps and inform
research needs. The assistance and cooperation of commercial fishery
stakeholders in the research can greatly benefit these projects. The
NCDMF will continue to support and assist research efforts and
facilitate the establishment of relationships with the commercial
fishing industry. The NCDMF will also help, to the extent possible,
respond to cold-stun events that occur in NC with some regularity.
During future events, NCDMF will help provide transportation of staff,
supplies, and turtles using Observer Program staff, vehicles, and
vessels. NCDMF will communicate with the North Carolina Wildlife
Resources Commission about this commitment to ensure they reach out for
assistance when needed.
NCDMF's monitoring program is largely funded through state
appropriations and is supplemented through other sources such as the
Atlantic Coastal Cooperative Statistics Program and the National Fish
and Wildlife Foundation.
NCDMF considered and rejected three other alternatives: (1) No-
Action; (2) Full Gear Closure; and (3) Additional Gear Regulations.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal
action requiring NMFS to comply with the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999). NMFS
intends to prepare an Environmental Assessment (EA) to consider a range
of reasonable alternatives and fully evaluate the direct, indirect, and
cumulative impacts likely to result from issuing a permit. Once a draft
of the EA is complete it will be made available for public review and
comment. The final NEPA and permit determinations will not be made
until after the end of that comment period.
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
take of ESA-listed sea turtles and sturgeon. NMFS will publish a record
of its final action in the Federal Register.
Dated: December 16, 2022.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022-27799 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.