Notice2024-17252
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
August 5, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that Hudson River Sloop Clearwater, Inc., (Clearwater) has been issued a permit for the incidental take of shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A. oxyrinchus) associated with the otherwise lawful education trawl in the Hudson River.
Full Text
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<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63414-63415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17252]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE147]
Endangered Species; File No. 27686
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 Hudson River Sloop Clearwater,
Inc., (Clearwater) has been issued a permit for the incidental take of
shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A.
oxyrinchus) associated with the otherwise lawful education trawl in the
Hudson River.
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-hudson-river-sloop-clearwater-inc">https://www.fisheries.noaa.gov/action/incidental-take-permit-hudson-river-sloop-clearwater-inc</a>.
FOR FURTHER INFORMATION CONTACT: Steven Hughes, (301) 427-8576,
<a href="/cdn-cgi/l/email-protection#1c6f68796a79723274697b74796f5c72737d7d327b736a"><span class="__cf_email__" data-cfemail="a0d3d4c5d6c5ce8ec8d5c7c8c5d3e0cecfc1c18ec7cfd6">[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
[[Page 63415]]
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 September 29, 2023, notice was published in the Federal Register
(88 FR 67249) that a request for a permit for the incidental take of
shortnose and Atlantic sturgeon associated with the otherwise lawful
education trawl in the Hudson River by Clearwater, Inc. 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. 27686
The permit authorizes take of ESA-listed shortnose and Atlantic
sturgeon that are caught incidental to educational trawls in the Hudson
River. Clearwater will not exceed take of 10 sturgeon, with 1 or more a
year (combination of shortnose and Atlantic Sturgeon) over the 10 year
permit. There will be one lethal take permitted over the 10 year
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 Clearwater describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose
sturgeon and Atlantic sturgeon. Clearwater will regularly communicate
with New York State Department of Environmental Conservation to avoid
known sturgeon habitat and spawning grounds. Clearwater will avoid
trawling the river at Poughkeepsie and Norrie Point due to known
sensitive habitat. Clearwater will use small otter trawls (38.1 x 76.2
centimeter) doors weighing 50 pounds 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 nets, 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 incidental and annual reports of incidental
capture, if any, of listed sturgeon.
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 (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 25, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024-17252 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-22-P
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