Notice2026-05183
Endangered Species Act; Taking of Endangered and Threatened Species Incidental to Texas Parks and Wildlife Department's Fisheries-Independent Gill Net Surveys in Texas Waters
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
March 17, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the Texas Parks and Wildlife Department (TPWD) has applied for an incidental take permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application is for the incidental take of ESA-listed sea turtles associated with otherwise lawful fishery-independent gill net surveys within Texas bays and estuaries. NMFS is publishing this notice to allow other agencies and the public an opportunity to review and comment on the application and Conservation Plan. 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 91 Issue 51 (Tuesday, March 17, 2026)</title>
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[Federal Register Volume 91, Number 51 (Tuesday, March 17, 2026)]
[Notices]
[Pages 12759-12761]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05183]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF611]
Endangered Species Act; Taking of Endangered and Threatened
Species Incidental to Texas Parks and Wildlife Department's Fisheries-
Independent Gill Net Surveys in Texas Waters
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application; request for comments and
information.
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SUMMARY: Notice is hereby given that the Texas Parks and Wildlife
Department (TPWD) has applied for an incidental take permit (ITP)
pursuant to the Endangered Species Act of 1973, as amended (ESA). The
permit application is for the incidental take of ESA-listed sea turtles
associated with otherwise lawful fishery-independent gill net surveys
within Texas bays and estuaries. NMFS is publishing this notice to
allow other agencies and the public an opportunity to review and
comment on the application and Conservation Plan. All comments received
will become part of the public record and will be available for review.
DATES: Comments and information must be received no later than April
16, 2026.
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, identified by NOAA-NMFS-2026-0958, by
Electronic Submission: Submit all electronic public comments via the
Federal eRulemaking Portal <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter [NOAA-
NMFS-2026-0958] in the Search box. Click on the ``Comment Now!'' 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">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).
FOR FURTHER INFORMATION CONTACT: Kim Corcoran, Office of Protected
Resources, NMFS, (301) 427-8453, <a href="/cdn-cgi/l/email-protection#a0cbc9cd8ec3cfd2c3cfd2c1cee0cecfc1c18ec7cfd6"><span class="__cf_email__" data-cfemail="d2b9bbbffcb1bda0b1bda0b3bc92bcbdb3b3fcb5bda4">[email protected]</span></a> OR Celeste
Stout, Office of Protected Resources, NMFS, (301) 427-8436,
<a href="/cdn-cgi/l/email-protection#e487818881979081ca97908b9190a48a8b8585ca838b92"><span class="__cf_email__" data-cfemail="0a696f666f797e6f24797e657f7e4a64656b6b246d657c">[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.
Applicants seeking ITPs must submit an application and Conservation
Plan that includes the requirements specified in Section 10(a)(2)(A)
(see Conservation Plan section for details of what is required to be
included in a Conservation Plan). If, following opportunity for public
comment and evaluation of the application and Conservation Plan, NMFS
finds that: (i) the taking will be incidental; (ii) the applicant will,
to the maximum extent practicable, minimize and mitigate the impacts of
such taking; (iii) the applicant will ensure that adequate funding for
the plan will be provided; (iv) the taking will not appreciably reduce
the likelihood of the survival and recovery of the species in the wild;
and (v) the applicant will implement any other measures NMFS may
require as being necessary and appropriate, NMFS shall issue the ITP.
Species Covered in This Notice
The following species are included in the permit application and
Conservation Plan: green (Chelonia mydas), loggerhead (Caretta
caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley
(Lepidochelys kempii) sea turtles.
Background
On July 24, 2024, TPWD submitted an initial full draft application
and Conservation Plan requesting take of ESA-listed species of sea
turtles associated with their otherwise lawful
[[Page 12760]]
fisheries-independent gill net surveys within the Texas bays and
estuaries as well as a small portion of Sabine Lake, LA. TPWD submitted
revised draft applications and associated Conservation Plans on May 19,
2025 and December 22, 2025. Following review of these drafts, NMFS and
TPWD held further discussions regarding the statutory and regulatory
requirements for the application and Conservation Plan. On February 13,
2026, TPWD submitted a revised application for an ITP, including an
updated Conservation Plan to monitor, minimize and mitigate the impacts
of sea turtle entanglements incidental to their fisheries-independent
gill net surveys, to the maximum extent practicable. NMFS deemed the
application and Conservation Plan adequate and complete on February 26,
2026.
Purpose and Objectives of TPWD's Activities
The purpose and objectives of TPWD's proposed activity are to
monitor trends in finfish, shark, and macroinvertebrate communities
throughout the estuarine waters of Texas to inform fisheries
management. The data collected from TPWD fisheries-independent gill net
surveys are used to inform stock status, inform listing status, manage
Gulf of America-wide fisheries, create management plans, and generate
scientific research. The existing gill net data spans nearly 50 years
and TPWD relies on its continuity for management decisions.
Sea Turtle Take Estimates
TPWD is requesting take of each sea turtle species on a 3-year
rolling time period (i.e., take that occurs over any 3-year period).
TPWD predicted total annual entanglements in TPWD gill nets using
linear modeling and also used a simplified approach of estimating
entanglements based on historical data (1983-2024; please see TPWD's
application and Conservation Plan for more information). After
comparing model estimates to historical data, TPWD requested take based
on the maximum number of entanglements within any given three-year
period (see Table 1).
Table 1--TPWD's Requested Take of ESA-Listed Sea Turtles
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Historical Historical
maximum turtles percentage of Rolling 3-year Rolling 3-year Rolling 3-year
Species entangled in a live requested live requested requested total
3-year period entanglements take mortality take take
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Green......................................................... 74 58.15 48 32 74
Loggerhead.................................................... 2 75.00 2 1 * 3
Hawksbill..................................................... 2 50.00 1 1 2
Kemp's ridley................................................. 6 78.26 5 1 6
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* Standard rounding convention to whole numbers led to sum greater than the maximum historic entanglements.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued by
NMFS unless an applicant submits a Conservation Plan that specifies:
(1) the impact which will likely result from such taking; (2) what
steps the applicant will take to minimize and mitigate such impacts,
and the funding that will be available to implement such steps; (3)
what alternative actions to such taking the applicant considered and
the reasons why such alternatives are not being utilized; (4) such
other measures that NMFS may require as being necessary or appropriate
for purposes of the plan.
TPWD's Conservation Plan addresses each of the required elements of
Section 10(a)(2)(A) and 50 CFR 222.307(b). In particular, TPWD has
included measures to monitor, minimize, and mitigate the take of ESA-
listed sea turtles incidental to fishery-independent gill net
surveying. To avoid and minimize take of green, loggerhead, Kemp's
ridley, and hawksbill sea turtles, TPWD will constrain the sampling
season to two 10-week seasons (fall and spring); identify hot spot
grids (1-minute latitude by 1-minute latitude square grids where gill
nets can be set and sampled in Texas bays and estuaries) to implement
additional species protections such as the ``last in/first out''
strategy to reduce gill net soak times; sampling grid removal from
future surveys after one endangered species entanglement in that grid;
net configurations, such as reducing net slack, and marker buoy
attachment to improve visibility for monitoring entanglements and
reducing the potential for entanglements; extended pre-deployment
observation period; following Sea Turtle Stranding and Salvage Network
protocols and appropriate release and resuscitation protocols upon
discovery of an entangled sea turtle; conducting surveys on ``best''
available weather days for gill net deployment; and continuous net
repair to eliminate holes larger than 6 inch (in; 15.24 cm) stretched
mesh.
TPWD also provided NMFS with assurances that adequate funding will
be provided to support its Conservation Plan, including funds to
support cold stunning recovery activities, shrimp fishery management
and law enforcement, and habitat protection within Texas state bays and
estuaries throughout the duration of the permit. The Conservation Plan
also includes outreach, education, and a debris removal program, funded
through state appropriations and supplemented by other sources such as
Natural Resource Disaster Assessment and Sport Fish Restoration, as
funded by U.S. Fish and Wildlife Service, with regular reporting
requirements.
TPWD considered and rejected the following alternatives: (1) no-
Action; (2) no setting of gill nets; (3) shifting from overnight
setting of gill nets to daytime only sampling; (4) significantly
shortening the duration gill nets are deployed; (5) reducing the number
of gill nets set each season; (6) continuously monitoring (tending)
gill nets while they are deployed; and (7) removing gill net mesh
panels with mesh size greater than 5 in (12.7 cm) stretch mesh in size.
Please refer to TPWD's ITP application and Conservation Plan, which
can be found 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> for detailed information.
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.) and NOAA Administrative Order 216-6,
Environmental Review Procedures for Implementing the National Policy
Act (1999). NMFS will conduct the appropriate NEPA review prior to
[[Page 12761]]
making a final decision on TPWD's request for an ITP.
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)(1)(B) of the ESA. If NMFS
determines that the requirements are met, a permit will be issued for
incidental takes of ESA-listed sea turtles. NMFS will publish a notice
of its final action in the Federal Register.
Dated: March 13, 2026.
Shannon Bettridge,
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2026-05183 Filed 3-16-26; 8:45 am]
BILLING CODE 3510-22-P
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