Notice2024-15018
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
July 9, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the Georgia Department of Natural Resources (GA DNR) has been issued a permit for the incidental take of shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A. oxyrinchus) associated with the otherwise lawful commercial shad fishery in Georgia.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56343-56344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15018]
[[Page 56343]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE087]
Endangered Species; File No. 27551
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permit.
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SUMMARY: Notice is hereby given that the Georgia Department of Natural
Resources (GA DNR) has been issued a permit for the incidental take of
shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A.
oxyrinchus) associated with the otherwise lawful commercial shad
fishery in Georgia.
ADDRESSES: The permit and related documents are available on the NMFS
Office of Protected Resources website at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-permit-georgia-department-natural-resources-0">https://www.fisheries.noaa.gov/action/incidental-take-permit-georgia-department-natural-resources-0</a>.
FOR FURTHER INFORMATION CONTACT: Celeste Stout, phone: (301) 427-8436;
email: <a href="/cdn-cgi/l/email-protection#90d3f5fcf5e3e4f5bec3e4ffe5e4d0fefff1f1bef7ffe6"><span class="__cf_email__" data-cfemail="e5a6808980969180cbb6918a9091a58b8a8484cb828a93">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act
(ESA) and Federal regulations prohibits 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 when the
takes are 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. The regulations for issuing
incidental take 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
On August 21, 2023, notice was published in the Federal Register
(88 FR 56804) that a request for a permit for the incidental take of
shortnose and Atlantic sturgeon associated with the otherwise lawful
commercial shad fishery in Georgia had been submitted by GA DNR. No
comments were received during the 30 day public comment period. The
requested permit has been issued under the authority of the ESA of
1973, as amended (16 U.S.C. 1531 et seq.) and the regulations governing
the taking, importing, and exporting of endangered and threatened
species (50 CFR parts 222-226).
Permit No. 27551
The permit authorizes take of ESA-listed shortnose and Atlantic
sturgeon that are caught incidental to the Georgia commercial shad
fishery. GA DNR incidental capture will 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. No lethal takes were requested by GA DNR
because no mortalities have been observed over the last 10 years.
However, due to the risks posed by capture in set and drift gill nets
in the GA shad fishery, 10 percent of sturgeon that are captured are
expected to be injured and 2.3 percent of both shortnose and Atlantic
sturgeon are expected to suffer mortality. Thus, from the above
authorized take of shortnose sturgeon, no more than 17 of the
interactions may result in injury and no more than 8 mortalities may
occur over the duration of the permit. From the above authorized take
of Atlantic sturgeon, no more than 17 of the interactions may result in
injury and no more than 8 mortalities may occur over the duration of
the permit.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by GA DNR describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose
sturgeon and Atlantic sturgeon. The State of Georgia has amended its
commercial fishing regulations for the Georgia commercial shad fishery
to minimize the incidental capture of ESA-listed shortnose sturgeon and
the South Atlantic, Carolina, Chesapeake Bay, New York Bight, and Gulf
of Maine Distinct Population Segments (DPS) of Atlantic sturgeon. The
new regulations restrict fishing to the lower portions of the Savannah
and Altamaha Rivers as follows: Waters of the Altamaha River system
open to commercial shad fishing are the Ohoopee River upstream to the
U.S. Hwy. 1 bridge and the Altamaha River downstream of the US Hwy. 1
bridge to the estuarine waters of the sound/beach boundary. Although
they historically were open prior to 2011, all waters upstream of the
U.S. Hwy. 1 bridge are closed to commercial shad fishing. These
upstream waters include a significant portion of the preferred spawning
area and habitat utilized by sturgeon, hence their closure and
protection by the GADNR. Waters of the Savannah River system open to
commercial shad fishing are the Savannah River downstream of the US
Hwy. 301 bridge to the estuarine waters of the sound/beach boundary.
The waters upstream of the US Hwy. 301 bridge are considered to include
a significant portion of the preferred spawning area and habitat
utilized by sturgeon, hence their closure and protection by the GADNR.
The Georgia shad fishery is open from January 1 to as late as April
30 each year, but would typically end March 31. In addition, GA DNR
will implement measures described in the conservation plan that
accompanies the permit to minimize, monitor, and mitigate the
incidental take of ESA-listed sturgeon. The conservation plan includes
continued implementation of 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
is also expected to incidentally capture sturgeon during monitoring of
the shad run. GA DNR will set drift nets in the Altamaha River during
the fishing season to monitor the shad run and approximate the rate of
incidentally captured shortnose and Atlantic sturgeon. This take is
covered in the take authorizations provided above, no mortalities are
anticipated. GA DNR will continue to educate commercial shad fisherman
on identification of sturgeon species; proper handling techniques to
minimize impacts to incidentally captured sturgeon, including the
importance of frequently checking nets and immediately releasing
sturgeon that were incidentally captured; the biological and legal
importance of reporting incidental capture of sturgeon; and the
importance of accurately recording sturgeon intercepts and returning
the trip tickets in a timely manner. GA DNR has also committed to will
insert passive integrated
[[Page 56344]]
transponder (PIT) tags and collect genetic samples from Atlantic
sturgeon incidentally captured during monitoring in order to better
determine what DPSs of Atlantic sturgeon are being captured in the
fishery. The cost associated with the PIT tagging and the genetic
sampling components of the conservation plan will be funded through the
sources identified in the application.
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 has
determined that the activity proposed is categorically excluded from
the requirement to prepare an environmental assessment or environmental
impact statement. This action falls within the B3 category--Issuance
of, and amendments to, ``low effect'' Incidental Take Permits and their
supporting ``low effect'' Habitat Conservation Plans under section
10(a)(1)(B) of the ESA. Additionally there are no extraordinary
circumstances with the potential for significant environmental effects
that would preclude the issuance of this permit type from being
categorically excluded.
Dated: July 3, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024-15018 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-22-P
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