Notice2023-21446
Endangered Species; File No. 27686
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
September 29, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the Hudson River Sloop Clearwater, Incorporated (hereinafter `Clearwater') has applied in due form to renew a permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The renewal permit application is for the incidental take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (A. brevirostrum) associated with the otherwise lawful environmental education program conducted on the Hudson River, New York. The education program uses small otter trawls and beach seines to collect fish and invertebrate specimens that are held onboard the vessels for educational purposes. The duration of the proposed 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
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67249-67250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21446]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD383]
Endangered Species; File No. 27686
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.
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SUMMARY: Notice is hereby given that the Hudson River Sloop Clearwater,
Incorporated (hereinafter `Clearwater') has applied in due form to
renew a permit pursuant to the Endangered Species Act of 1973, as
amended (ESA). The renewal permit application is for the incidental
take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and
shortnose sturgeon (A. brevirostrum) associated with the otherwise
lawful environmental education program conducted on the Hudson River,
New York. The education program uses small otter trawls and beach
seines to collect fish and invertebrate specimens that are held onboard
the vessels for educational purposes. The duration of the proposed
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 or
fax number (see ADDRESSES) on or before October 30, 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="https://www.regulations.gov">https://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-
[[Page 67250]]
2023-0111 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-2023-0111 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="https://www.regulations.gov">https://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: Steven Hughes, (301) 427-8576,
<a href="/cdn-cgi/l/email-protection#4b383f2e3d2e2565233e2c232e380b25242a2a652c243d"><span class="__cf_email__" data-cfemail="5023243526353e7e382537383523103e3f31317e373f26">[email protected]</span></a>; Celeste Stout, (301) 427- 9436,
<a href="/cdn-cgi/l/email-protection#5f1c3a333a2c2b3a710c2b302a2b1f31303e3e71383029"><span class="__cf_email__" data-cfemail="3c7f5950594f4859126f485349487c52535d5d125b534a">[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 governing
regulations for permits for incidental taking of threatened and
endangered species are promulgated at 50 CFR 222.307.
Background
On July 10, 2023, Clearwater Inc. sent a permit renewal request
before permit number 18600 expires December 31, 2023. On August 28,
2023, NMFS met with Clearwater Inc. to discuss reducing the number of
requested takes for the permit from 20 to 10 sturgeon over the course
of the 10-year project.
Over the course of the 10-year project two sturgeons were captured
during the proposed action. The species affected were two Atlantic
sturgeon. The two sturgeon were released back into the Hudson River
immediately after they were brought up to the boat. The Clearwater
applicant has submitted end of year reports every year. There were no
compliance issues throughout the permit that would prevent the
application from being renewed for another 10 years.
Conservation Plan
Clearwater's conservation plan describes measures to minimize,
monitor, and mitigate the incidental take of ESA-listed Atlantic and
shortnose sturgeon. Clearwater will regularly communicate with New York
State Department of Environmental Conservation to avoid known sturgeon
habitat and spawning grounds. Clearwater will use small otter trawls
(95.52 by 45.72 centimeter doors and weigh less than 0.45 kilograms)
and short tow times (= < 5 minutes). Beach seines, which allow for
targeted catch, will be used where practicable (e.g., away from urban
areas and where tides allow). If Clearwater incidentally captures a
sturgeon in its sets, it will follow protocols for safe handling and
immediately release any sturgeon caught. Clearwater will maintain a
detailed log of all gear sets and will submit to NMFS incident and
annual reports of incidental capture, if any, of listed sturgeon.
National Environmental Policy Act
In compliance with the National Environmental Policy Act of 1969
(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), an initial determination
has been made that the activity proposed is categorically excluded from
the requirement to prepare an environmental assessment or environmental
impact statement.
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. The final NEPA and permit determinations
will not be made until after the end of the comment period. NMFS will
publish a record of its final action in the Federal Register.
Dated: September 26, 2023.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources.
[FR Doc. 2023-21446 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P
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