Notice2026-17983
Takes of Endangered and Threatened Species Incidental to Specified Activities; Notice of Issuance for Incidental Take Permit No. 29887 to Texas Parks and Wildlife Department
Primary source
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Published
September 2, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that the Texas Parks and Wildlife Department (TPWD) has been issued an incidental take permit (ITP) for the incidental take of Endangered Species Act (ESA) listed sea turtles associated with the otherwise lawful fisheries-independent gill net survey activities within Texas bays and estuaries.
Full Text
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<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
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[Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)]
[Notices]
[Pages 56430-56432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17983]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF930]
Takes of Endangered and Threatened Species Incidental to
Specified Activities; Notice of Issuance for Incidental Take Permit No.
29887 to Texas Parks and Wildlife Department
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 Texas Parks and Wildlife
Department (TPWD) has been issued an incidental take permit (ITP) for
the incidental take of Endangered Species Act (ESA) listed sea turtles
associated with the otherwise lawful fisheries-independent gill net
survey activities within Texas bays and estuaries.
ADDRESSES: The ITP and other related documents are available on the
NMFS Office of Protected Resources website 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> under the section heading Related Documents for
the ITP to the TPWD.
FOR FURTHER INFORMATION CONTACT: Kim Corcoran, Office of Protected
Resources, NMFS, (301) 427-8453, <a href="/cdn-cgi/l/email-protection#48232125662b273a2b273a29260826272929662f273e"><span class="__cf_email__" data-cfemail="0b606266256864796864796a654b65646a6a256c647d">[email protected]</span></a>.
[[Page 56431]]
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 a mechanism for authorizing incidental take of listed species.
NMFS regulations governing permits for threatened and endangered
species are located at 50 CFR 222.307.
Species Covered in This Permit
The following species are included in this permit:
Endangered
Kemp's ridley (Lepidochelys kempii) and hawksbill (Eretmochelys
imbricata) sea turtles.
Threatened
North Atlantic distinct population segments (DPS) of green
(Chelonia mydas) and Northwest Atlantic Ocean DPS of loggerhead
(Caretta caretta) 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 fisheries-independent
gill net surveys within Texas bays and estuaries as well as a small
portion of Sabine Lake, LA. The Conservation Plan is designed to
monitor, minimize, and mitigate the impacts of sea turtle entanglements
incidental to these surveys to the maximum extent practicable.
Following further discussion with NMFS, TPWD submitted revised draft
applications and associated Conservation Plans on May 19, 2025,
December 22, 2025, and February 13, 2026. NMFS deemed the application
and Conservation Plan adequate and complete on February 26, 2026. On
March 17, 2026, we published a notice of receipt (91 FR 12759) of
TPWD's application and Conservation Plan from TPWD, which was made
available for a 30-day public comment period. NMFS received 14 public
comments on TPWD's ITP application and Conservation Plan. None were
substantive, but most were in support of NMFS issuing an ITP to TPWD.
Total authorized take of sea turtle species for the 10-year ITP
duration is based on historical data from TPWD's fisheries-independent
gill net surveys. Incidental take of green sea turtles is authorized as
cumulative take over a 3-year rolling period across the full 10 year
permit duration. Incidental take of loggerhead, hawksbill, and Kemp's
ridley sea turtles is authorized across the 10-year ITP duration.
Table 1--Total Authorized Incidental Take by Species and Condition Under
Permit No. 29887
------------------------------------------------------------------------
Maximum authorized
take
Species -------------------
Live Dead
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Green (North Atlantic DPS).......................... * 43 * 31
Loggerhead (Northwest Atlantic Ocean DPS)........... 3 1
Hawksbill........................................... 1 1
Kemp's ridley....................................... 13 3
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* Take of green sea turtles is authorized on a 3-year rolling basis. The
maximum number of green sea turtle takes authorized over the 10-year
ITP (No. 29887) is 247.
NMFS has issued the requested ITP under the authority of the ESA,
as amended (16 U.S.C. 1531 et seq.) and the implementing regulations
(50 CFR parts 222-226).
Conservation Plan
As part of their Conservation Plan, TPWD will implement measures to
monitor, minimize, and mitigate take of ESA-listed sea turtle species
incidental to fishery-independent gill net surveys. These measures
include: constraining 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;
identifying and removing sampling grid areas from future surveys after
one endangered species entanglement occurs in that grid; implementing
net configurations, such as reducing net slack, and marker buoy
attachment to improve visibility for monitoring entanglements and
reducing the potential for entanglements; observing before and during
deployment periods for a total of 30 minutes; following the 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 ensuring continuous net repair to eliminate holes
larger than 6 inch (15.24 centimeter) stretched mesh.
TPWD provided NMFS with assurances that adequate funding exists to
support its Conservation Plan, including funds to support mitigation
activities (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 Texas 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.
Please refer to TPWD's ITP application and Conservation Plan, which
can be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-permit-texas-parks-and-wildlife-department-tpwd">https://www.fisheries.noaa.gov/action/incidental-take-permit-texas-parks-and-wildlife-department-tpwd</a> for detailed
information.
Criteria for Issuing an Incidental Take Permit
Issuance criteria are described in ESA section 10(a)(2)(B) and
associated implementing regulations (50 CFR 222.307(c)(2)). Under
section 10(a)(2)(B) of the ESA, NMFS shall issue the requested ITP, if
NMFS finds that the following criteria are met:
(i) The taking will be incidental;
(ii) The applicant will, to the maximum extent practicable,
monitor, minimize, and mitigate the impacts of such taking;
(iii) The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild;
(iv) The applicant has amended the Conservation Plan to include any
measures (not originally proposed by the applicant) that the Assistant
Administrator determines are necessary or appropriate; and
(v) There are adequate assurances that the Conservation Plan will
be funded and implemented, including any measures required by the
Assistant Administrator.
NMFS has determined that TPWD meets the criteria for the issuance
of an ITP, and as such, NMFS has issued an ITP to TPWD for the
incidental take of ESA-listed sea turtles associated with the otherwise
lawful fisheries-independent gill net survey activities within Texas
bays and estuaries. Unless modified, suspended, or revoked, the
effective dates of the ITP are September 1, 2026 through August 31,
2036.
[[Page 56432]]
Dated: August 31, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-17983 Filed 9-1-26; 8:45 am]
BILLING CODE 3510-22-P
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