Endangered Species; File No. 18102, 43716-43718 [2014-17645]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
43716
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Notices
least 24 hours in advance of each
webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, N. Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julia
Byrd, SEDAR Coordinator; phone (843)
571–4366; email: julia.byrd@safmc.net
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
population conditions, and recommends
research and monitoring needs. The
assessment is independently peer
reviewed at the Review Workshop. The
product of the Review Workshop is a
Summary documenting panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
Highly Migratory Species Management
Division, and Southeast Fisheries
Science Center. Participants include:
Data collectors and database managers;
stock assessment scientists, biologists,
and researchers; constituency
representatives including fishermen,
environmentalists, and nongovernmental organizations (NGOs);
international experts; and staff of
Councils, Commissions, and state and
federal agencies.
The items of discussion in the post
Data Workshop are as follows:
Participants will finalize data
recommendations from the Data
Workshop and provide early modeling
advice.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
VerDate Mar<15>2010
17:53 Jul 25, 2014
Jkt 232001
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
Special Accommodations
This meeting is accessible to people
with disabilities. Requests for auxiliary
aids should be directed to the SEDAR
office (see ADDRESSES) at least 10
business days prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 23, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–17700 Filed 7–25–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD407
New England Fishery Management
Council; Public Meeting
of Reference and general charge to the
Observer Committee. The Committee
will also review progress regarding
development of NMFS-led omnibus
amendment to establish provisions for
industry-funded monitoring across all
Council-managed fisheries; review and
discuss timeline as well as discuss the
details of omnibus industry-funded
amendment alternatives and develop
related recommendations. The
Committee will also plan the next
meeting and address other business as
necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
Dated: July 23, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Observer Policy Committee to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Tuesday, August 19, 2014 at 9 a.m.
ADDRESSES: Meeting address: The
meeting will be held at the Sheraton
Colonial, One Audubon Road,
Wakefield, MA 01880; telephone: (781)
245–9300; fax: (781) 245–0842.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
Herring Committee will discuss Terms
BILLING CODE 3510–22–P
AGENCY:
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
[FR Doc. 2014–17699 Filed 7–25–14; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC711
Endangered Species; File No. 18102
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
AGENCY:
Notice is hereby given that
the North Carolina Department of
Marine Fisheries (NCDMF) has been
issued a permit for the incidental take
of Atlantic sturgeon (Acipenser
oxyrinchus oxyrinchus) Distinct
Population Segments (DPSs) associated
with the otherwise lawful commercial
inshore gillnet fishery in North
Carolina.
SUMMARY:
E:\FR\FM\28JYN1.SGM
28JYN1
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Notices
The incidental take permit,
final environmental assessment, and
other related documents are available on
the NMFS Office of Protected Resources
Web site at https://www.nmfs.noaa.gov/
pr/permits/esa_review.htm.
FOR FURTHER INFORMATION CONTACT:
Heather Coll (ph. 301–427–8455, email
Heather.Coll@noaa.gov or Angela
Somma (ph. 301–427–8403, email
Angela.Somma@noaa.gov).
SUPPLEMENTARY INFORMATION: On July 9,
2013, notice of receipt was published in
the Federal Register (78 FR 41034) that
a request for a permit for the incidental
take of Atlantic sturgeon DPSs (Gulf of
Maine, New York Bight, Chesapeake,
Carolina, and South Atlantic) associated
with the otherwise lawful gillnet fishery
in North Carolina inshore waters had
been submitted by NCDMF. The
requested permit has been issued under
the authority of the Endangered Species
Act of 1973, as amended (ESA; 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).
This permit authorizes the incidental
take of specified numbers of Atlantic
sturgeon DPSs incidental to the
continued commercial harvest of target
fish species in gillnets subject to
monitor, minimize, and mitigate
incidental take as set forth in the
conservation plan and the permit for a
10-year period.
The conservation plan includes
managing inshore gill net fisheries by
dividing estuarine waters into five
primary management units (i.e., A1, 2,
3; B; C; D; E). (Management unit A is
subdivided into three subunits because
quantifiable evidence of differences in
Atlantic sturgeon distribution and
fishing effort exist within the
management unit.) Each of the
management units will be monitored
seasonally and by fishery. Management
Unit A is divided into three subunits:
A–1, A–2, and A–3 to allow NCDMF to
effectively address subunits where
proactive management actions may be
taken at a finer scale. Management
Subunit A–1 will encompass Albemarle
Sound as well as contributing river
systems in the unit not crossing a line
36°4.30′ N. ¥75°47.64′ W. east to a
point 36°2.50′ N. ¥75°44.27′ W. in
Currituck Sound or 35°57.22′ N.
¥75°48.26′ W. east to a point 35°56.11′
N. ¥75°43.60′ W. in Croatan Sound and
36°58.36′ N. ¥75°40.07′ W. west to a
point 35°56.11′ N. ¥75°43.60′ W. in
Roanoke Sound. Management Subunit
A–2 will encompass Currituck Sound
north of a line beginning at 36°4.30′ N.
¥75°47.64′ east to a point at 36°2.50′ N
mstockstill on DSK4VPTVN1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
17:53 Jul 25, 2014
Jkt 232001
¥75°44.27′ W. as well as the
contributing river systems in this unit.
Management Subunit A–3 will
encompass Croatan Sound waters south
from a point at 35°57.22′ N. ¥75°48.26′
W. east to a point 35°56.11′ N.
¥75°43.60′ W. and Roanoke Sound
waters south from a point 36°58.36′ N.
¥75°40.07′ W. west to a point 35°56.11′
N. ¥75°43.60′ W. south to 35°46.30′ N.
Management Unit B includes all inshore
waters south of 35°46.30′ N., east of
76°30.00′ W. and north of 34°48.2′ N.
This management unit will include all
of Pamlico Sound and the northern
portion of Core Sound. Management
Unit C includes the Pamlico, Pungo,
Bay, and Neuse river drainages west of
76°30.00′ W. Management Unit D
includes all inshore waters south of
34°48.27′ N. and west of a line running
from 34°40.70′ N.—76°22.50′ W. to
34°42.48′ N. ¥76°36.70′ W. to the
Highway 58 bridge. Management in unit
D includes the southern Core Sound,
Back Sound, Bogue Sound, North River,
and Newport River. Management Unit E
includes all inshore waters south and
west of the Highway 58 bridge to the
North Carolina/South Carolina state
line. This includes the Atlantic
Intracoastal Waterway and adjacent
sounds and the New, Cape Fear,
Lockwood Folly, White Oak, and
Shallotte rivers.
The conservation plan prepared by
NCDMF describes measures designed to
monitor, minimize, and mitigate, to the
maximum extent practicable, the
incidental take of Atlantic sturgeon Gulf
of Maine, New York Bight, Chesapeake,
Carolina, and South Atlantic
DPSs.Additionally, on July 17, 2014,
NMFS signed an implementing
agreement (IA) with NCDMF to better
delineate responsibilities with regard to
implementation of the conservation
plan. Because information on Atlantic
sturgeon population and trends in the
inshore waters of North Carolina is
limited or nonexistent, this agreement
was necessary. The IA outlines a year 1–
3 information gathering and monitoring
phase (first phase) and a year 4–10
implementation phase (second phase). It
is anticipated by both parties that the
results of the first phase could adjust
and better predict take numbers for
years 4–10 during the second phase,
during which information gathering and
monitoring will still continue to take
place.
The conservation plan specifies that
monitoring of the inshore gillnet
fisheries will be done through onboard
and alternative platform observers.
NCDMF will observe 7–10% ≥5.0 ISM;
1–2% <5.0 ISM) statewide while gillnet
fishing occurs. Observer coverage will
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
43717
be concentrated mostly on large mesh,
since most takes occur with large mesh.
Furthermore, NCDMF will provide
weighted coverage in areas with more
Atlantic sturgeon interactions. Well over
90% of historic Atlantic sturgeon
interactions have occurred in
management unit A, which is Albemarle
Sound. If NCDMF covers 7–10% of the
entire large mesh gill net fishery effort
each year with weighted coverage in
Albemarle Sound (formerly at 1%
coverage), NMFS and NCDMF should
start obtaining more data with regard to
Atlantic sturgeon population and
trends. This is also the reason though
for the three year monitoring period
outlined in the IA to help gather better
data and make appropriate decisions
using the best available information. If,
in annual reports, it becomes clear that
the monitoring is ineffective or not
being done to the level agreed, NMFS
and NCDMF also have the IA to help
our agencies work through
disagreements, if any arise. NMFS
would need to reinitiate consultation if
it becomes evident that the action is not
being carried out in the manner
described in the permit and
conservation plan.
Observer coverage will be based on
the types and levels of fishing, Atlantic
sturgeon activity, and NCDMF’s ability
to monitor fishing effort in primary
fisheries within five primary
management units. Each of the units
will be monitored seasonally and by
fishery with weighted coverage derived
from estimated Atlantic sturgeon takes.
Data on sturgeon incidental take will
include gear type, soak time, gear
parameters (e.g., mesh size), location,
condition of individual caught, length,
weight, disposition, and whether a tag
was applied or fin clip collected.
Information on fishing effort, catch, and
discards will also be collected.
Observers will be debriefed daily and
submit reports weekly. In addition to
enforcing state regulations, Marine
Patrol officers will inspect fish houses,
conduct aerial surveys, check fishing
gear and licenses, interview fishermen,
and monitor fishing activities. NCDMF
will use data collected through the Trip
Ticket Program. The data collected
through onboard and alternative
platform observers, Marine Patrol officer
reports, and the Trip Ticket Program
will be used to estimate fishing effort,
Atlantic sturgeon bycatch, and level of
compliance. All data will be housed in
a statewide biological database.
The conservation plan specifies if
estimated takes of Atlantic sturgeon
approach allowable thresholds in a
management unit, NCDMF will issue a
proclamation closing the season for the
E:\FR\FM\28JYN1.SGM
28JYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
43718
Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Notices
responsible fishery within the
applicable management unit. NCDMF
will issue proclamations implementing
additional restrictions if necessary to
provide increased protection of Atlantic
sturgeon and other ESA-listed species or
lifting gillnet or area restrictions if
supported by NCDMF or NMFS
biological data. Restrictions may
include additional measures to reduce
fishing effort, reduced yardage,
seasonal/area closures, attendance
requirements, other gear limitations or
modifications, extensive outreach, and
an adaptive Observer Program. NCDMF
will also identify and adaptively
respond to areas of high potential for
Atlantic sturgeon bycatch. These
‘‘hotspots’’ will be defined as any area,
determined by geographically
enforceable boundaries, where Atlantic
sturgeon observations are unusually
high within a management unit or
subunit, such that the NCDMF Director
determines that closure and evaluation
is necessary to (1) avoid violation of a
take limit, or (2) provide adequate
protection or the Atlantic sturgeon, or
(3) to allow Atlantic sturgeon to
complete a seasonal migration and
minimize interactions. Temporary
‘‘hotspot’’ closures may be implemented
while data are gathered and analyzed.
‘‘Hotspot’’ areas will be identified and
handled proactively and reactively. For
any given management unit or subunit
during a season that shows high
Atlantic sturgeon abundance, NCDMF
may close the management unit or
subunit for the duration of the defined
season. If an area is closed as a
‘‘hotspot’’ multiple times throughout the
year or over a two-year period, NCDMF
will take proactive measures to close the
area for longer than a defined season. If
a particular area within a management
unit or subunit can be defined within
the unit as the ‘‘hotspot’’ that area can
be defined geographically and closed
within the unit temporarily or
permanently.
The amount of annual incidental take
of Atlantic sturgeon DPSs authorized is
expressed as either interaction or
mortality. Each year for ten years, for
both large and small mesh combined,
2,927 (169 of which could be
mortalities) Atlantic sturgeon could be
taken. These numbers are further broken
down by DPS and by large and small
mesh. Annual large mesh takes of
Carolina DPS fish could be up to 1655
(80 of which could be mortalities).
Annual large mesh takes of all other
DPS fish could be up to 548 (21 of
which could be mortalities). Annual
small mesh takes of Carolina DPS fish
could be up to 607 (58 of which could
VerDate Mar<15>2010
17:53 Jul 25, 2014
Jkt 232001
be mortalities). Annual small mesh
takes of all other DPS fish could be up
to 117 (10 of which could be
mortalities). Because reaching the level
of take for any Atlantic sturgeon would
end the incidental take authorization, it
is highly unlikely that all DPSs would
be impacted at these full levels.
Additionally, these levels could change
in years 4–10 of the permit due to
monitoring population trend data that
will come from the year 1–3 monitoring
period depicted in the Implementing
Agreement.
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit (1) was applied for in good
faith, (2) will not operate to the
disadvantage of such endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
Dated: July 22, 2014.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–17645 Filed 7–25–14; 8:45 am]
BILLING CODE 3510–22–P
Table of Contents:
COMMODITY FUTURES TRADING
COMMISSION
Amended and Restated Order
Designating the Provider of Legal
Entity Identifiers To Be Used in
Recordkeeping and Swap Data
Reporting Pursuant to the
Commission’s Regulations
Commodity Futures Trading
Commission.
ACTION: Order.
AGENCY:
The Commodity Futures
Trading Commission (‘‘Commission’’)
has issued an Amended and Restated
Order to extend the Commission’s
designation of the Depository Trust and
Clearing Corporation (‘‘DTCC’’) and
Society for Worldwide Interbank
Financial Telecommunication
(‘‘SWIFT’’) joint venture (‘‘DTCC–
SWIFT’’) as the provider of legal entity
identifiers, or ‘‘LEIs,’’ pursuant to the
Commodity Exchange Act and the
Commission’s regulations. DTCC–
SWIFT’s designation was made by
Commission order issued on July 23,
2012. The designation was made for a
term of two years. The Amended and
Restated Order amends the
Commission’s order of July 23, 2012, as
previously amended on June 7, 2013, to
extend DTCC–SWIFT’s designation for
an additional one year, while the terms
of transition to a fully operational global
LEI system are finalized and
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
implemented. Consistent with the terms
of the Commission’s order of July 23,
2012, as amended on June 7, 2013, the
Amended and Restated Order permits
registered entities and swap
counterparties subject to the
Commission’s jurisdiction to comply
with the specified legal entity identifier
requirements of the Commission’s
regulations by using identifiers issued
by DTCC–SWIFT, or any other pre-Local
Operating Unit (‘‘pre-LOU’’) that has
been endorsed by the Regulatory
Oversight Committee of the global LEI
system as being globally acceptable and
as issuing globally acceptable legal
entity identifiers.
FOR FURTHER INFORMATION CONTACT:
Srinivas Bangarbale, Chief Data Officer,
Office of Data and Technology, (202)
418–5315, sbangarbale@cftc.gov, or
Nora Flood, Attorney Advisor, Division
of Market Oversight, (202) 418–5354,
nflood@cftc.gov, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
Sfmt 4703
I. Background
A. Legal Entity Identifiers: CEA Section
21(b) and Section 45.6 of the
Commission’s Regulations
B. Designation of the DTCC–SWIFT Utility
C. Amendment of Designation Order To
Account for Developments in the
Establishment of a Global LEI System
II. Extension of Designation of the DTCC–
SWIFT Utility
III. Amended and Restated Order
I. Background
A. Legal Entity Identifiers: CEA Section
21(b) and Section 45.6 of the
Commission’s Regulations
Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’) 1 amended the
Commodity Exchange Act (‘‘CEA’’) 2 to
establish a comprehensive new
regulatory framework for swaps.
Amendments to the CEA included the
addition of provisions requiring the
retention, and the reporting to
Commission-registered swap data
repositories (‘‘SDRs’’), of data regarding
swap transactions, in order to enhance
transparency, promote standardization
and reduce systemic risk.3 Pursuant to
1 Public
Law 111–203, 124 Stat. 1376 (2010).
U.S.C. 1 et seq.
3 See, e.g., new Section 2(a)(13)(G) of the CEA,
which requires all swaps, whether cleared or
uncleared, to be reported to a registered SDR; new
Section 21(b) of the CEA, which directs the
Commission to prescribe standards for swap data
reporting and attendant recordkeeping; and new
Sections 4r and 2(h)(5) of the CEA, which, among
27
E:\FR\FM\28JYN1.SGM
28JYN1
]]>Agencies
[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43716-43718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17645]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC711
Endangered Species; File No. 18102
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Issuance of permit.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the North Carolina Department of
Marine Fisheries (NCDMF) has been issued a permit for the incidental
take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) Distinct
Population Segments (DPSs) associated with the otherwise lawful
commercial inshore gillnet fishery in North Carolina.
[[Page 43717]]
ADDRESSES: The incidental take permit, final environmental assessment,
and other related documents are available on the NMFS Office of
Protected Resources Web site at https://www.nmfs.noaa.gov/pr/permits/esa_review.htm.
FOR FURTHER INFORMATION CONTACT: Heather Coll (ph. 301-427-8455, email
Heather.Coll@noaa.gov or Angela Somma (ph. 301-427-8403, email
Angela.Somma@noaa.gov).
SUPPLEMENTARY INFORMATION: On July 9, 2013, notice of receipt was
published in the Federal Register (78 FR 41034) that a request for a
permit for the incidental take of Atlantic sturgeon DPSs (Gulf of
Maine, New York Bight, Chesapeake, Carolina, and South Atlantic)
associated with the otherwise lawful gillnet fishery in North Carolina
inshore waters had been submitted by NCDMF. The requested permit has
been issued under the authority of the Endangered Species Act of 1973,
as amended (ESA; 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).
This permit authorizes the incidental take of specified numbers of
Atlantic sturgeon DPSs incidental to the continued commercial harvest
of target fish species in gillnets subject to monitor, minimize, and
mitigate incidental take as set forth in the conservation plan and the
permit for a 10-year period.
The conservation plan includes managing inshore gill net fisheries
by dividing estuarine waters into five primary management units (i.e.,
A1, 2, 3; B; C; D; E). (Management unit A is subdivided into three
subunits because quantifiable evidence of differences in Atlantic
sturgeon distribution and fishing effort exist within the management
unit.) Each of the management units will be monitored seasonally and by
fishery. Management Unit A is divided into three subunits: A-1, A-2,
and A-3 to allow NCDMF to effectively address subunits where proactive
management actions may be taken at a finer scale. Management Subunit A-
1 will encompass Albemarle Sound as well as contributing river systems
in the unit not crossing a line 36[deg]4.30' N. -75[deg]47.64' W. east
to a point 36[deg]2.50' N. -75[deg]44.27' W. in Currituck Sound or
35[deg]57.22' N. -75[deg]48.26' W. east to a point 35[deg]56.11' N. -
75[deg]43.60' W. in Croatan Sound and 36[deg]58.36' N. -75[deg]40.07'
W. west to a point 35[deg]56.11' N. -75[deg]43.60' W. in Roanoke Sound.
Management Subunit A-2 will encompass Currituck Sound north of a line
beginning at 36[deg]4.30' N. -75[deg]47.64' east to a point at
36[deg]2.50' N -75[deg]44.27' W. as well as the contributing river
systems in this unit. Management Subunit A-3 will encompass Croatan
Sound waters south from a point at 35[deg]57.22' N. -75[deg]48.26' W.
east to a point 35[deg]56.11' N. -75[deg]43.60' W. and Roanoke Sound
waters south from a point 36[deg]58.36' N. -75[deg]40.07' W. west to a
point 35[deg]56.11' N. -75[deg]43.60' W. south to 35[deg]46.30' N.
Management Unit B includes all inshore waters south of 35[deg]46.30'
N., east of 76[deg]30.00' W. and north of 34[deg]48.2' N. This
management unit will include all of Pamlico Sound and the northern
portion of Core Sound. Management Unit C includes the Pamlico, Pungo,
Bay, and Neuse river drainages west of 76[deg]30.00' W. Management Unit
D includes all inshore waters south of 34[deg]48.27' N. and west of a
line running from 34[deg]40.70' N.--76[deg]22.50' W. to 34[deg]42.48'
N. -76[deg]36.70' W. to the Highway 58 bridge. Management in unit D
includes the southern Core Sound, Back Sound, Bogue Sound, North River,
and Newport River. Management Unit E includes all inshore waters south
and west of the Highway 58 bridge to the North Carolina/South Carolina
state line. This includes the Atlantic Intracoastal Waterway and
adjacent sounds and the New, Cape Fear, Lockwood Folly, White Oak, and
Shallotte rivers.
The conservation plan prepared by NCDMF describes measures designed
to monitor, minimize, and mitigate, to the maximum extent practicable,
the incidental take of Atlantic sturgeon Gulf of Maine, New York Bight,
Chesapeake, Carolina, and South Atlantic DPSs.Additionally, on July 17,
2014, NMFS signed an implementing agreement (IA) with NCDMF to better
delineate responsibilities with regard to implementation of the
conservation plan. Because information on Atlantic sturgeon population
and trends in the inshore waters of North Carolina is limited or
nonexistent, this agreement was necessary. The IA outlines a year 1-3
information gathering and monitoring phase (first phase) and a year 4-
10 implementation phase (second phase). It is anticipated by both
parties that the results of the first phase could adjust and better
predict take numbers for years 4-10 during the second phase, during
which information gathering and monitoring will still continue to take
place.
The conservation plan specifies that monitoring of the inshore
gillnet fisheries will be done through onboard and alternative platform
observers. NCDMF will observe 7-10% >=5.0 ISM; 1-2% <5.0 ISM) statewide
while gillnet fishing occurs. Observer coverage will be concentrated
mostly on large mesh, since most takes occur with large mesh.
Furthermore, NCDMF will provide weighted coverage in areas with more
Atlantic sturgeon interactions. Well over 90% of historic Atlantic
sturgeon interactions have occurred in management unit A, which is
Albemarle Sound. If NCDMF covers 7-10% of the entire large mesh gill
net fishery effort each year with weighted coverage in Albemarle Sound
(formerly at 1% coverage), NMFS and NCDMF should start obtaining more
data with regard to Atlantic sturgeon population and trends. This is
also the reason though for the three year monitoring period outlined in
the IA to help gather better data and make appropriate decisions using
the best available information. If, in annual reports, it becomes clear
that the monitoring is ineffective or not being done to the level
agreed, NMFS and NCDMF also have the IA to help our agencies work
through disagreements, if any arise. NMFS would need to reinitiate
consultation if it becomes evident that the action is not being carried
out in the manner described in the permit and conservation plan.
Observer coverage will be based on the types and levels of fishing,
Atlantic sturgeon activity, and NCDMF's ability to monitor fishing
effort in primary fisheries within five primary management units. Each
of the units will be monitored seasonally and by fishery with weighted
coverage derived from estimated Atlantic sturgeon takes. Data on
sturgeon incidental take will include gear type, soak time, gear
parameters (e.g., mesh size), location, condition of individual caught,
length, weight, disposition, and whether a tag was applied or fin clip
collected. Information on fishing effort, catch, and discards will also
be collected. Observers will be debriefed daily and submit reports
weekly. In addition to enforcing state regulations, Marine Patrol
officers will inspect fish houses, conduct aerial surveys, check
fishing gear and licenses, interview fishermen, and monitor fishing
activities. NCDMF will use data collected through the Trip Ticket
Program. The data collected through onboard and alternative platform
observers, Marine Patrol officer reports, and the Trip Ticket Program
will be used to estimate fishing effort, Atlantic sturgeon bycatch, and
level of compliance. All data will be housed in a statewide biological
database.
The conservation plan specifies if estimated takes of Atlantic
sturgeon approach allowable thresholds in a management unit, NCDMF will
issue a proclamation closing the season for the
[[Page 43718]]
responsible fishery within the applicable management unit. NCDMF will
issue proclamations implementing additional restrictions if necessary
to provide increased protection of Atlantic sturgeon and other ESA-
listed species or lifting gillnet or area restrictions if supported by
NCDMF or NMFS biological data. Restrictions may include additional
measures to reduce fishing effort, reduced yardage, seasonal/area
closures, attendance requirements, other gear limitations or
modifications, extensive outreach, and an adaptive Observer Program.
NCDMF will also identify and adaptively respond to areas of high
potential for Atlantic sturgeon bycatch. These ``hotspots'' will be
defined as any area, determined by geographically enforceable
boundaries, where Atlantic sturgeon observations are unusually high
within a management unit or subunit, such that the NCDMF Director
determines that closure and evaluation is necessary to (1) avoid
violation of a take limit, or (2) provide adequate protection or the
Atlantic sturgeon, or (3) to allow Atlantic sturgeon to complete a
seasonal migration and minimize interactions. Temporary ``hotspot''
closures may be implemented while data are gathered and analyzed.
``Hotspot'' areas will be identified and handled proactively and
reactively. For any given management unit or subunit during a season
that shows high Atlantic sturgeon abundance, NCDMF may close the
management unit or subunit for the duration of the defined season. If
an area is closed as a ``hotspot'' multiple times throughout the year
or over a two-year period, NCDMF will take proactive measures to close
the area for longer than a defined season. If a particular area within
a management unit or subunit can be defined within the unit as the
``hotspot'' that area can be defined geographically and closed within
the unit temporarily or permanently.
The amount of annual incidental take of Atlantic sturgeon DPSs
authorized is expressed as either interaction or mortality. Each year
for ten years, for both large and small mesh combined, 2,927 (169 of
which could be mortalities) Atlantic sturgeon could be taken. These
numbers are further broken down by DPS and by large and small mesh.
Annual large mesh takes of Carolina DPS fish could be up to 1655 (80 of
which could be mortalities). Annual large mesh takes of all other DPS
fish could be up to 548 (21 of which could be mortalities). Annual
small mesh takes of Carolina DPS fish could be up to 607 (58 of which
could be mortalities). Annual small mesh takes of all other DPS fish
could be up to 117 (10 of which could be mortalities). Because reaching
the level of take for any Atlantic sturgeon would end the incidental
take authorization, it is highly unlikely that all DPSs would be
impacted at these full levels. Additionally, these levels could change
in years 4-10 of the permit due to monitoring population trend data
that will come from the year 1-3 monitoring period depicted in the
Implementing Agreement.
Issuance of this permit, as required by the ESA, was based on a
finding that such permit (1) was applied for in good faith, (2) will
not operate to the disadvantage of such endangered or threatened
species, and (3) is consistent with the purposes and policies set forth
in section 2 of the ESA.
Dated: July 22, 2014.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2014-17645 Filed 7-25-14; 8:45 am]
BILLING CODE 3510-22-P
