Notice2023-17899
Endangered Species; File No. 27551
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
August 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the Georgia Department of Natural Resources (GA DNR) has applied in due form for a permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application is for the incidental take of ESA-listed shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A. oxyrinchus) associated with the otherwise lawful commercial shad fishery in Georgia. The duration of the proposed permit is 10 years. NMFS is furnishing 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 88 Issue 160 (Monday, August 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56804-56806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17899]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD247]
Endangered Species; File No. 27551
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application and conservation plan for
renewal of an incidental take permit.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Georgia Department of Natural
Resources (GA DNR) has applied in due form for a permit pursuant to the
Endangered Species Act of 1973, as amended (ESA). The permit
application is for the incidental take of ESA-listed shortnose
(Acipenser brevirostrum) and Atlantic sturgeon (A. oxyrinchus)
associated with the otherwise lawful commercial shad fishery in
Georgia. The duration of the proposed permit is 10 years. NMFS is
furnishing 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 September 20, 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 on this document,
identified by NOAA-NMFS-2023-0100, by any of the following methods:
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
NOAA-NMFS-2023-0100 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
[[Page 56805]]
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#bad9dfd6dfc9cedf94c9ced5cfcefad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="abc8cec7ced8dfce85d8dfc4dedfebc5c4caca85ccc4dd">[email protected]</span></a> or (301) 427-8436; Alison
Verkade, NMFS, Office of Protected Resources at
<a href="/cdn-cgi/l/email-protection#86e7eaeff5e9e8a8f0e3f4ede7e2e3c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="2445484d574b4a0a5241564f454041644a4b45450a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 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 conservation plan and
permit application: Atlantic (Acipenser oxyrinchus) and shortnose (A.
brevirostrum) sturgeon.
Background
NMFS received a draft permit application from GA DNR on January 4,
2023. Based on a review of the application, NMFS requested further
information. The applicant submitted a complete application on June 15,
2023 for take of ESA-listed shortnose and Atlantic sturgeon that may be
caught incidental to the Georgia shad fishery. The State of Georgia has
amended their commercial fishing regulations for the Georgia shad
fishery to minimize the incidental capture of ESA-listed shortnose and
Atlantic sturgeon. Regulations include the closure of upstream waters
in the Altamaha and Savannah rivers, as well as the closure of Ogeechee
River to commercial shad harvest. Additional regulations include
closing portions of each river for 2 days each week and restricting the
length of nets used which prevents nets from extending more than \1/2\
way across a river.
The Georgia shad fishery is open from January 1 to as late as April
30 each year, but typically ends March 31. Georgia regulations require
that sturgeon captured in shad nets be released unharmed into the
waters from which they were taken. GA DNR requests 3-year running
averages for takes to account for the potential for a high-take year
before or after low-take years. GA DNR estimates that incidental
bycatch would not exceed 60 shortnose sturgeon per year (no more than
180 in a 3-year period) and 40 Atlantic sturgeon per year (no more than
120 in a 3-year period) in the Altamaha River, 5 shortnose sturgeon per
year (no more than 15 in a 3-year period) and 25 Atlantic sturgeon per
year (no more than 75 in a 3-year period) in the Savannah River. A
mortality rate of approximately 2.3 percent is anticipated based on the
best available data.
GA DNR would use a combination of a trip ticket system (self-
reporting by fishermen) and direct observations to monitor the number
of sturgeon incidentally captured each month in the commercial shad
fishery. Since 2013, the GA DNR has conducted fishery-dependent efforts
to observe a minimum of 10 percent of the commercial shad trips
occurring annually in both the Altamaha and Savannah rivers.
Conservation Plan
GA DNR's conservation plan describes measures designed to minimize,
monitor, and mitigate the incidental take of ESA-listed sturgeon. The
conservation plan includes Georgia's amended commercial fishing
regulations for the Georgia shad fishery, which are expected to
minimize the bycatch of sturgeon by closing to shad fishing sections of
the rivers that previously had the highest bycatch rates. These
closures would also protect known and suspected sturgeon spawning
sites. Georgia regulations require that sturgeon captured in shad nets
be released unharmed into the waters from which they were taken. GA DNR
would use a combination of a trip ticket system (self-reporting by
fishermen) and direct observations to observe a minimum of 10 percent
of the commercial shad trips occurring annually in both the Altamaha
and Savannah rivers for the incidental take of sturgeon in the
commercial shad fishery. In these efforts, GA DNR staff observe active
fishing efforts and record information on captured sturgeon.
Information collected on captured sturgeon include species
identification; lengths (total and fork); and condition of the fish.
Additional monitoring and mitigation actions include having GA DNR
staff scan the fish for the presence of a Passive Integrated
Transponders (PIT) tag, and if one is not found, GA DNR staff would
insert a PIT tag into the fish. They will also collect a fin-clip from
captured sturgeon to provide to the U.S. Geological Survey (USGS) for
genetic study. Under current collaborative efforts, GA DNR provides
fin-clips and outside funding sources are used to process said fin-
clips. Should outside funds not be available for processing GA DNR
would provide fin-clips and fund the processing of up to 15 samples/
year. These fin-clips aid in better studying and understanding the
genetic diversity and conservation of sturgeon found within Georgia and
other states. Additional mitigation efforts include the education and
outreach efforts conducted annually by GA DNR through materials
presented to commercial shad fishermen. These materials, including
detailed identification aids and specific instructions on properly
handling captured sturgeon, provide needed information critical for
helping fishermen better understand how they can help protect and
sustain these endangered species. Additionally, GA DNR Law Enforcement
continues to routinely and randomly patrol both the open and closed
sections of both rivers.
GA DNR considered and rejected two other alternatives: (1) No
change to commercial shad regulations, and (2) establish new upper
boundaries for commercial shad fishing on the Altamaha, Ogeechee, and
Savannah rivers and close the Satilla and St. Mary's rivers to
commercial shad fishing.
Funding
Monitoring would be funded by GA DNR's Annual Operating Budget.
National Environmental Policy Act
Issuing a permit would constitute 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 Environmental Policy Act (1999), an
[[Page 56806]]
initial determination has been made that the activity proposed is
categorically excluded from the requirement to prepare an environmental
assessment or environmental impact statement, however, the final NEPA
and permit determinations will not be made until after the end of the
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
takes of ESA-listed sturgeon. NMFS will publish a record of its final
action in the Federal Register.
Dated: August 15, 2023.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023-17899 Filed 8-18-23; 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 August 21, 2023.
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.