Notice2023-17170
Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 27106
Primary source
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Published
August 10, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of the Draft Environmental Assessment (EA) on the effects of issuing an Incidental Take Permit (ITP) (No. 27106) to North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries (NCDMF), pursuant to the Endangered Species Act (ESA) of 1973, as amended, 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 requesting comment on the draft EA.
Full Text
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<title>Federal Register, Volume 88 Issue 153 (Thursday, August 10, 2023)</title>
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[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54303-54304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17170]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[0648-XD226]
Notice of Availability of Draft Environmental Assessment on the
Effects of Issuing an Incidental Take Permit No. 27106
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; availability of a Draft Environmental Assessment;
request for comments.
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SUMMARY: NMFS announces the availability of the Draft Environmental
Assessment (EA) on the effects of issuing an Incidental Take Permit
(ITP) (No. 27106) to North Carolina Department of Environment and
Natural Resources, Division of Marine Fisheries (NCDMF), pursuant to
the Endangered Species Act (ESA) of 1973, as amended, 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 requesting comment on the draft EA.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before September 11, 2023.
ADDRESSES: The EA 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> under the section heading Related Documents for
the Incidental Take Permit to North Carolina Division of Marine
Fisheries (Sea Turtles and Sturgeon). The draft EA is also available
upon written request (see FOR FURTHER INFORMATION CONTACT).
You may submit comments on this document, identified by NOAA-NMFS-
2023-0098, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0098 in the Search box.
Click on the ``Comment'' 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">www.regulations.gov</a> 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. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Celeste Stout, NMFS, Office of
Protected Resources at <a href="/cdn-cgi/l/email-protection#d3b0b6bfb6a0a7b6fda0a7bca6a793bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="54373138312720317a27203b2120143a3b35357a333b22">[email protected]</span></a>, 301-427-8403; Wendy
Piniak, NMFS, Office of Protected Resources at <a href="/cdn-cgi/l/email-protection#0176646f65782f71686f68606a416f6e60602f666e77"><span class="__cf_email__" data-cfemail="0275676c667b2c726b6c6b6369426c6d63632c656d74">[email protected]</span></a>,
301-427-8402.
SUPPLEMENTARY INFORMATION: Publication of this notice begins the
official public comment period for this draft EA. Per the National
Environmental Policy Act (NEPA), the purpose of the draft EA is to
evaluate the potential direct, indirect, and cumulative impacts caused
by the issuance of Permit No. 27106 to NCDMF for the incidental take of
ESA-listed sea
[[Page 54304]]
turtles and sturgeon associated with the otherwise lawful anchored
small and large-mesh gill net fisheries operating in the inshore waters
of North Carolina. All comments received will become part of the public
record and will be available for review.
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 a mechanism for authorizing
incidental take of listed species. NMFS regulations 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 EA: North Atlantic and
South Atlantic Distinct Population Segments (DPSs) of green (Chelonia
mydas), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys
imbricata), leatherback (Dermochelys coriacea), and Northwest Atlantic
Ocean DPS of loggerhead (Caretta caretta) sea turtles, Gulf of Maine,
New York Bight, Chesapeake, Carolina, and South Atlantic DPSs of
Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), and shortnose
sturgeon (Acipenser brevirostrum).
Background
NMFS received a draft permit application and conservation plan 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. After several draft submissions and
reviews, on December 2, 2022, NCDMF submitted a complete revised
application for the incidental take of ESA-listed sea turtles and
sturgeon. On December 22, 2022, we published a notice of receipt (87 FR
78659) of application and conservation plan from NCDMF for an
incidental take permit. In that notice, we made the ITP application and
associated conservation plan available for public comment.
Subsequently, we received a request to extend the public comment
period. NMFS provided a 30-day extension (88 FR 3971) to the comment
period which closed on February 22, 2023. We received 231 comments on
the application and conservation plan and responses to these comments
are available in the draft EA.
National Environmental Policy Act
This notice is provided pursuant to section 10(c) of the ESA and
the National Environmental Policy Act (NEPA) regulations (40 CFR
1506.6). The draft EA was prepared in accordance with NEPA (42 U.S.C.
4321, et seq.), 40 CFR 1500-1508 and NOAA policy and procedures (NOAA
Administrative Order [NAO] 216-6A and the Companion Manual for the NAO
216-6A).
Alternatives Considered
NMFS' proposed action is issuance of an ITP to NCDMF, which would
authorize take of threatened and endangered sea turtle and sturgeon
species associated with the otherwise lawful operation of NC commercial
inshore large and small-mesh anchored gill net fisheries and require
implementation of a conservation plan, in accordance with the
requirements of the ESA. In preparing the draft EA, NMFS considered the
following two alternatives for the proposed action.
Alternative 1: No Action. In accordance with the NOAA Companion
Manual (CM) for NAO 216-6A, Section 6.B.i, NMFS is defining the no
action alternative as not authorizing the requested incidental take of
ESA-listed sea turtles and sturgeon. This is consistent with our
statutory obligation under section 10(a)(1)(B) of the ESA to either:
(1) deny the requested ITP or (2) grant the requested ITP and prescribe
mitigation, monitoring, and reporting requirements. Under the no action
alternative, NMFS would not issue the ITP, in which case, we assume
NCDMF would continue to operate the fishery as described in the
application without implementing the full suite of specific mitigation
measures, monitoring, reporting explained in the Conservation Plan. The
Council on Environmental Quality (CEQ) Regulations and the Companion
Manual for NAO 216-6A require consideration and analysis of a no action
alternative for the purposes of presenting a comparative analysis to
the action alternatives. The no action alternative, serves as a
baseline against which the impacts of the action alternatives will be
compared and contrasted.
Alternative 2: Issue Permit as Requested in Application (Preferred
alternative): Under Alternative 2, an ITP would be issued to exempt
NCDMF from the ESA prohibition on taking sturgeon and sea turtles
during operation of the otherwise lawful NC commercial inshore anchored
gill net fisheries. As required under Section 10(a)(1)(B), the ITP
would require NCDMF to operate as described in the application and
conservation plan to avoid, minimize, and mitigate take of ESA-listed
sea turtles and sturgeon.
Final permit determinations will not be completed until after the
end of the 30-day comment period and will fully consider all public
comments received during the comment period. NMFS will publish a record
of its final action in the Federal Register.
Dated: August 7, 2023.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023-17170 Filed 8-9-23; 8:45 am]
BILLING CODE 3510-22-P
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