Endangered Species; File No. 21293, 17638-17639 [2017-07410]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17638-17639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF285


Endangered Species; File No. 21293

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application.

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SUMMARY: Notice is hereby given that NMFS has received an application 
for an incidental take permit (permit) from Mr. Jack Rudloe, Gulf 
Specimen Marine Laboratories, Inc. (GSML), pursuant to the Endangered 
Species Act of 1973, as amended (ESA). As required by the ESA, GSML's 
application includes a conservation plan designed to minimize and 
mitigate the impacts of any take of endangered or threatened species. 
The permit application is for the incidental take of ESA-listed adult 
and juvenile sea turtles associated with otherwise lawful trawling 
activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla 
Counties to harvest marine organisms for the purpose of supplying 
entities conducting scientific research and educational activities. The 
duration of the proposed permit is for 18 years. NMFS is furnishing 
this notice in order to allow other agencies and the public an 
opportunity to review and comment on this document. All comments 
received will become part of the public record and will be available 
for review.

DATES: Written comments must be received at the appropriate address or 
fax number (see ADDRESSES) on or before May 12, 2017.

ADDRESSES: The application is available for download and review at 
https://www.nmfs.noaa.gov/pr/permits/esa_review.htm under the section 
heading ESA Section 10(a)(1)(B) Permits and Applications. The 
application is also available upon written request or by appointment in 
the following office: Endangered Species Conservation Division, Office 
of Protected Resources, NMFS, 1315 East-West Highway, Room 13752, 
Silver Spring, MD 20910; phone (301) 427-8403; fax (301) 713-4060.
    You may submit comments, identified by NOAA-NMFS-2017-0035, by any 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0035 click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Fax: (301) 713-4060; Attn: Ron Dean or Lisa Manning.
     Mail: Submit written comments to Endangered Species 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13535, Silver Spring, MD 20910; Attn: Ron Dean or 
Lisa Manning.
    Instructions: You must submit comments by one of the above methods 
to ensure that we receive, document, and consider them. 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. All comments 
received are a part of the public record and will generally be posted 
for public viewing on https://www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.) 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. We 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Ron Dean or Lisa Manning, (301) 427-
8403.

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.

Background

    Pursuant to the ESA, GSML has submitted an application to NMFS for 
the incidental take of ESA-listed adult and juvenile sea turtles 
associated with otherwise lawful trawling activities in Florida state 
waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine 
organisms for the purpose of supplying entities conducting scientific 
research and educational activities. The species identified in the 
application were: Loggerhead (Caretta caretta Northwest Atlantic Ocean 
Distinct Population Segment), green (Chelonia mydas North Atlantic 
Distinct Population Segment), and Kemp's ridley (Lepidochelys kempii) 
sea turtles.
    NMFS received a draft permit application from GSML on February 4, 
2016. Based on our review of the application, we requested further 
information and clarification. On July 22, 2016, GSML submitted 
supplemental information to its application. NMFS and GSML held further 
discussions on amount and extent of anticipated takes and 
clarifications of gear type to be used. During these discussions, NMFS 
determined that leatherback sea turtles (Dermochelys coriacea) and Gulf 
sturgeon (Acipenser oxyrinchus desotoi) also occur in the action area 
specified in the permit application. Thus, NMFS included these species 
in its analysis of the permit application. On March 16, 2017, NMFS 
notified GSML of this approach, and GSML confirmed the updated approach 
on March 21, 2017.
    The duration of the proposed permit is 18 years. GSML uses small 
trawls (under 500 square feet) without Turtle Excluder Devices (TEDs) 
and trawl times are less than thirty minutes in duration. Turtle 
Excluder Devices often expel the desired stingrays, electric rays, 
horseshoe crabs and other benthic invertebrates and fish that are 
required for the laboratory's ongoing operations, and are not practical 
in the collection of these specimens.
    A take of one turtle and one gulf sturgeon every three years is 
anticipated, given the nature of the activities and the location of the 
species in the area where the activities will occur. No mortalities or 
injury are expected should this take occur. As data are gathered 
through monitoring, NMFS will amend the permit to reflect any changes 
in the take estimate, if appropriate.

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 GSML describes measures designed to minimize and 
mitigate the impacts of any incidental takes of ESA-listed sea turtles. 
It includes provisions to ensure that any captured sea turtles in need 
of resuscitation are provided such care, per NMFS guidelines. 
Additionally, any animals needing medical attention or

[[Page 17639]]

rehabilitation will be cared for by authorized persons and facilities.
    The conservation plan will mitigate the impacts of any incidental 
takes of ESA-listed sea turtles that are harmed due to interactions 
with other fisheries in the area. Specifically, GSML will remove, 
taking into account any human safety considerations, any turtles it 
encounters ensnared in fishing lines, nets, and trap ropes. If any of 
these sea turtles require care, GSML will transport them to a 
rehabilitation facility.
    The applicant's conservation plan did not include procedures for 
handling Gulf sturgeon. However, the applicant will follow specific 
handling procedures for Gulf sturgeon to minimize impacts to this 
species in the unlikely event an interaction should occur.
    This conservation plan will be funded through GSML revenues derived 
from the sale of the marine fish, invertebrates, and algae collected 
via trawling; donations from membership in its aquarium; and grants and 
contracts.
    GSML considered and rejected two other alternatives: (1) Reduced 
trawl times; and (2) alternative methods. GSML cannot practicably 
further reduce the trawl times or employ alternative methodologies.

National Environmental Policy Act

    This notice is provided pursuant to section 10(c) of the ESA and 
the National Environmental Policy Act regulations (40 CFR 1506.6). NMFS 
will evaluate the application, associated documents, and submitted 
comments to determine whether the application meets the requirements of 
the ESA Section 10(a)(1)(B) permitting process. If it is determined 
that the requirements are met, a permit will be issued for incidental 
takes of ESA-listed sea turtles and Gulf sturgeon under the 
jurisdiction of NMFS.
    The final permit determinations will not be completed until after 
the end of the 30-day comment period and will fully consider all public 
comments received during the comment period. NMFS will publish a record 
of its final action in the Federal Register.

    Dated: April 7, 2017.
Angela Somma,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2017-07410 Filed 4-11-17; 8:45 am]
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