Receipt of an Application for Incidental Take Permit (1528), 16803-16804 [05-6506]

Download as PDF Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices facilitate the construction of compact, distal probes where input and output beams are introduced and accessed in close proximity. [NIST Docket Number: 03–009US] Title: Spectrally Tunable Solid-state Light Source. Abstract: A radiometrically stable, spectrally tunable, solid-state source has been developed. The radiometric outputs of individually controlled, narrow bandwidth, solid-state sources with different spectral distributions are combined in an integrating sphere to approximate any desired spectral distribution. Utilizing a sufficient number of independent solid-state source channels, the source can be tuned to approximate the spectral distribution of any desired source distribution. A stable reference spectroradiometer that is integrated into the solid-state light source measures the spectral radiance and is used to adjust the output of the individual channels. [NIST Docket Number: 04–003US] Title: Controlled Vesicle SelfAssembly in Continuous Two Phase Flow Microfluidic Channels. Abstract: It shows the formation of liposomes that encapsulate reagents in a continuous 2-phase flow planar microfluidic network with precision control of size, over the range of 100 nanometers to 300 nanomaters, by control of liquid flow rates. By creating a solvent-aqueous interfacial region in a microfluidic format that is homogenous and controllable on the length scale of a liposome, the fine control of liposome size and polydisperisity is facilitated. Dated: March 25, 2005. Hratch G. Semerjian, Acting Director. [FR Doc. 05–6480 Filed 3–31–05; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE [I.D.032405D] Receipt of an Application for Incidental Take Permit (1528) National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce ACTION: Notice of availability. AGENCY: SUMMARY: NMFS has received an application for an incidental take permit (Permit) from the North Carolina Division of Marine Fisheries (NCDMF) 17:15 Mar 31, 2005 Jkt 205001 Written comments from interested parties on the Permit application and Plan must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Eastern daylight time on May 2, 2005. DATES: Written comments on this action should be addressed to Therese Conant, Marine Mammal and Turtle Division, NMFS Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD, 20910; or by fax (301) 427–2522, or by e-mail at: NMFS.1528@noaa.gov. The application is available for download and review at https://www.nmfs.noaa.gov/protlres/ PR3/Permits/ESAPermit.html. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Therese Conant (ph. 301–713–1401, fax 301–427–2522, e-mail Therese.Conant@noaa.gov; Dennis Klemm (ph. 727–824–5312, fax 727– 824–5309, e-mail Dennis.Klemm@noaa.gov). Comments received will also be available for public inspection, by appointment, during normal business hours by calling 301– 713–1401. Section 9 of the ESA and Federal regulations prohibit the ‘‘taking’’ of a species listed as endangered or threatened. The term ‘‘take’’ is defined under the ESA 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. SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric Administration VerDate jul<14>2003 pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF’s application includes a conservation plan designed to minimize and mitigate any such 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 commercial fall gill net fisheries for flounder operating in Pamlico Sound, NC. The duration of the proposed Permit is for 6 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 16803 Species Covered in this Notice The following species are included in the conservation plan and Permit application: Loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempii) sea turtles. Background NMFS issued Permit #1259 to NCDMF (65 FR 65840, November 2, 2000), Permit #1348 (66 FR 51023, October 5, 2001), and Permit #1398 (67 FR 67150, November 4, 2002) for managing the sea turtle interactions in certain factions of the commercial fall gill net fisheries for flounder in the southeastern portion of Pamlico Sound. On March 22, 2005, NCDMF submitted an application to NMFS for a Permit (#1528) authorizing incidental take of ESA-listed sea turtles associated with the shallow water fishery for the 2005 through 2010 fall fishing seasons. This application includes endangered Kemp’s ridley, leatherback, and hawksbill sea turtles and the threatened green and loggerhead sea turtles. This fishery targets flounder. The proposed implementation of this fishery will allow for the continued commercial harvest of this species. This fishery is estimated to have a value of over one million dollars per year. This fishery supports fishermen and the local economy. Conservation Plan The conservation plan prepared by NCDMF describes measures designed to monitor, minimize, and mitigate the incidental takes of ESA-listed sea turtles. The conservation plan includes managing the shallow water large and small mesh gill net fishery which operates from April through December in areas adjacent to the Outer Banks and mainland in Pamlico Sound. Seven gill net restricted areas (GNRAs) will be designated for the eastern Pamlico Sound and one GNRA in the western Pamlico Sound along the mainland in Hyde and Pamlico Counties. The seven eastern GNRAs consist of waters extending out from the barrier islands to a depth of less than 20 feet (6.1 m). The seven GNRAs from south to north are as follows: (1) the area from Wainwright Island bound by Core Banks; (2) the area surrounding Ocracoke Inlet; (3) the area north of Ocracoke Inlet to just south of Hatteras Inlet; (4) the area surrounding Hatteras Inlet; (5) the area north of Hatteras inlet to Avon; (6) the area north of Avon to south of Oregon Inlet; and (7) the area surrounding Oregon Inlet. E:\FR\FM\01APN1.SGM 01APN1 16804 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices The eastern Pamlico Sound shallow water fishery operates from April through December in depths typically less than 3 feet (1.0 m). Vessels are usually open skiffs ranging from 15 to 25 feet (4.6 to 7.6 m) in length. Each fisherman sets 500 to 2000 yards (457 to 1,828 m) of large mesh (5.5 to 7.0 inch (14.0 to 17.8 cm)) or small mesh (3.5 to 4.5 inch (8.90 to 11.4 cm)) gill net, which are soaked overnight and retrieved by hand. In addition to the eastern Pamlico Sound fisheries, a mainland based flounder gill net fishery occurs in the shallow water bays and along the shoreline of Hyde and Pamlico Counties. The GNRA consist of all mainland areas within 200 yards (183 m) of shore between 76°30′W and 75°42′W. The fishery operating in this area is similar to the Outer Banks fishery with the effort from April through December. Fishing depths are typically less than 3 feet (1.0 m), and each fisherman sets 500 to 2000 yards (457 to 1,828 m) of large mesh (5.5 to 7.0 inch (14.0 to 17.8 cm)), which are soaked overnight and retrieved by hand. This fishery did not operate during the 2001 fishing season due to the 2001 closure of Pamlico Sound (66 FR 50350, October 3, 2001). Management measures identified in the Conservation Plan include tending requirements for small mesh gillnets; restrictions on the maximum net length per fishing operation; and prohibitions of large mesh gillnets in areas around the inlets. NCDMF will monitor sea turtle interactions through reports from fishery observers, fishermen, and NCDMF Marine Patrol. The annual anticipated lethal and nonlethal incidental take of sea turtles is anticipated to be 100 and 320, respectively. Specifically, the anticipated lethal and nonlethal take by species is 25 and 80 Kemp’s ridley, 50 and 160 green, and 25 and 80 loggerhead turtles. NCDMF is proposing to limit the commercial fall gill net fishery for flounder such that the incidental impacts on ESA-listed sea turtles will be minimized. NCDMF would use a variety of adaptive fishery management measures and restrictions through their state proclamation authority to reduce sea turtle mortality in the fall gill net fishery by 50 percent, compared to the mortality level indicated by strandings in 1999. NCDMF considered and rejected one other alternative, not applying for a permit and closing the fishery, when developing their conservation plan. This notice is provided pursuant to section 10(c) of the ESA and the National Environmental Policy Act VerDate jul<14>2003 17:15 Mar 31, 2005 Jkt 205001 (NEPA) regulations (40 CFR 1506.6). NMFS will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of the NEPA regulations and section 10(a) of the ESA. If it is determined that the requirements are met, a permit will be issued for incidental takes of ESAlisted sea turtles under the jurisdiction of NMFS. The final NEPA and 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: March 28, 2005. P. Michael Payne, Chief, Marine Mammal and Turtle Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05–6506 Filed 3–31–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 031005A] Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2005 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of GB Cod Total Allowable Catch National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: SUMMARY: Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized allocation of up to 20 percent of the annual Georges Bank (GB) cod total allowable catch (TAC) to the GB Cod Hook Sector (Sector). Pursuant to that authorization, the Sector has submitted an Operations Plan and Sector Contract entitled, ‘‘Amendment 1 to Georges Bank Cod Hook Sector Operations Plan and Agreement’’ (together referred to as the Sector Agreement), and a Supplemental Environmental Assessment (EA), and has requested an allocation of GB cod, consistent with regulations implementing Amendment 13. This notice provides interested parties an opportunity to comment on the proposed Sector Agreement prior to final approval or disapproval of the PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Sector Operations Plan and allocation of GB cod TAC to the Sector for the 2005 fishing year. DATES: Written comments must be received on or before April 18, 2005. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on GB Cod Hook Sector Operations Plan.’’ Comments may also be sent via fax to (978) 281–9135, or submitted via e-mail to: codsector@NOAA.gov. Copies of the Sector Agreement and the EA are available from the NE Regional Office at the mailing address specified above. FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, phone (978) 281–9347, fax (978) 281– 9135, e-mail Thomas.Warren@NOAA.gov. SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has made a preliminary determination that the Sector Agreement, which contains the Sector Contract and Operations Plan, is consistent with the goals of the NE multispecies FMP and other applicable law and is in compliance with the regulations governing the development and operation of a sector as specified under 50 CFR 648.87. The final rule implementing Amendment 13 (69 FR 22906, April 27, 2004) specified a process for the formation of sectors within the NE multispecies fishery and the allocation of TAC for a specific groundfish species (or Days-at-Sea (DAS)), implemented restrictions that apply to all sectors, authorized the GB Cod Hook Sector, established the GB Cod Hook Sector Area (Sector Area), and specified a formula for the allocation of GB cod TAC to the Sector. The principal Amendment 13 regulations applying to the Sector specify that: (1) All vessels with a valid limited access NE multispecies DAS permit are eligible to participate in the Sector, provided they have documented landings of GB cod through valid dealer reports submitted to NMFS of GB cod during the fishing years 1996 to 2001 when fishing with hook gear (i.e., jigs, demersel longline, or handgear); (2) Membership in the Sector is voluntary, and each member would be required to remain in the Sector for the entire fishing year and could not fish outside the NE multispecies DAS program during the fishing year, unless certain conditions are met; (3) Vessels fishing in the Sector (participating vessels) would E:\FR\FM\01APN1.SGM 01APN1

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[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16803-16804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6506]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.032405D]


Receipt of an Application for Incidental Take Permit (1528)

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

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: NMFS has received an application for an incidental take permit 
(Permit) from the North Carolina Division of Marine Fisheries (NCDMF) 
pursuant to the Endangered Species Act of 1973, as amended (ESA). As 
required by the ESA, NCDMF's application includes a conservation plan 
designed to minimize and mitigate any such 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 commercial fall gill net fisheries for flounder operating in 
Pamlico Sound, NC. The duration of the proposed Permit is for 6 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 from interested parties on the Permit 
application and Plan must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m. Eastern daylight time on 
May 2, 2005.

ADDRESSES: Written comments on this action should be addressed to 
Therese Conant, Marine Mammal and Turtle Division, NMFS Office of 
Protected Resources, 1315 East-West Highway, Silver Spring, MD, 20910; 
or by fax (301) 427-2522, or by e-mail at: NMFS.1528@noaa.gov. The 
application is available for download and review at https://
www.nmfs.noaa.gov/prot_res/PR3/Permits/ESAPermit.html.

FOR FURTHER INFORMATION CONTACT: Therese Conant (ph. 301-713-1401, fax 
301-427-2522, e-mail Therese.Conant@noaa.gov; Dennis Klemm (ph. 727-
824-5312, fax 727-824-5309, e-mail Dennis.Klemm@noaa.gov). Comments 
received will also be available for public inspection, by appointment, 
during normal business hours by calling 301-713-1401.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term ``take'' is defined under the ESA 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.

Species Covered in this Notice

    The following species are included in the conservation plan and 
Permit application: Loggerhead (Caretta caretta), green (Chelonia 
mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys 
imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles.
    Background
    NMFS issued Permit 1259 to NCDMF (65 FR 65840, November 2, 
2000), Permit 1348 (66 FR 51023, October 5, 2001), and Permit 
1398 (67 FR 67150, November 4, 2002) for managing the sea 
turtle interactions in certain factions of the commercial fall gill net 
fisheries for flounder in the southeastern portion of Pamlico Sound. On 
March 22, 2005, NCDMF submitted an application to NMFS for a Permit 
(1528) authorizing incidental take of ESA-listed sea turtles 
associated with the shallow water fishery for the 2005 through 2010 
fall fishing seasons. This application includes endangered Kemp's 
ridley, leatherback, and hawksbill sea turtles and the threatened green 
and loggerhead sea turtles. This fishery targets flounder. The proposed 
implementation of this fishery will allow for the continued commercial 
harvest of this species. This fishery is estimated to have a value of 
over one million dollars per year. This fishery supports fishermen and 
the local economy.

Conservation Plan

    The conservation plan prepared by NCDMF describes measures designed 
to monitor, minimize, and mitigate the incidental takes of ESA-listed 
sea turtles. The conservation plan includes managing the shallow water 
large and small mesh gill net fishery which operates from April through 
December in areas adjacent to the Outer Banks and mainland in Pamlico 
Sound. Seven gill net restricted areas (GNRAs) will be designated for 
the eastern Pamlico Sound and one GNRA in the western Pamlico Sound 
along the mainland in Hyde and Pamlico Counties.
    The seven eastern GNRAs consist of waters extending out from the 
barrier islands to a depth of less than 20 feet (6.1 m). The seven 
GNRAs from south to north are as follows: (1) the area from Wainwright 
Island bound by Core Banks; (2) the area surrounding Ocracoke Inlet; 
(3) the area north of Ocracoke Inlet to just south of Hatteras Inlet; 
(4) the area surrounding Hatteras Inlet; (5) the area north of Hatteras 
inlet to Avon; (6) the area north of Avon to south of Oregon Inlet; and 
(7) the area surrounding Oregon Inlet.

[[Page 16804]]

    The eastern Pamlico Sound shallow water fishery operates from April 
through December in depths typically less than 3 feet (1.0 m). Vessels 
are usually open skiffs ranging from 15 to 25 feet (4.6 to 7.6 m) in 
length. Each fisherman sets 500 to 2000 yards (457 to 1,828 m) of large 
mesh (5.5 to 7.0 inch (14.0 to 17.8 cm)) or small mesh (3.5 to 4.5 inch 
(8.90 to 11.4 cm)) gill net, which are soaked overnight and retrieved 
by hand.
    In addition to the eastern Pamlico Sound fisheries, a mainland 
based flounder gill net fishery occurs in the shallow water bays and 
along the shoreline of Hyde and Pamlico Counties. The GNRA consist of 
all mainland areas within 200 yards (183 m) of shore between 
76[deg]30'W and 75[deg]42'W. The fishery operating in this area is 
similar to the Outer Banks fishery with the effort from April through 
December. Fishing depths are typically less than 3 feet (1.0 m), and 
each fisherman sets 500 to 2000 yards (457 to 1,828 m) of large mesh 
(5.5 to 7.0 inch (14.0 to 17.8 cm)), which are soaked overnight and 
retrieved by hand. This fishery did not operate during the 2001 fishing 
season due to the 2001 closure of Pamlico Sound (66 FR 50350, October 
3, 2001).
    Management measures identified in the Conservation Plan include 
tending requirements for small mesh gillnets; restrictions on the 
maximum net length per fishing operation; and prohibitions of large 
mesh gillnets in areas around the inlets. NCDMF will monitor sea turtle 
interactions through reports from fishery observers, fishermen, and 
NCDMF Marine Patrol.
    The annual anticipated lethal and nonlethal incidental take of sea 
turtles is anticipated to be 100 and 320, respectively. Specifically, 
the anticipated lethal and nonlethal take by species is 25 and 80 
Kemp's ridley, 50 and 160 green, and 25 and 80 loggerhead turtles. 
NCDMF is proposing to limit the commercial fall gill net fishery for 
flounder such that the incidental impacts on ESA-listed sea turtles 
will be minimized. NCDMF would use a variety of adaptive fishery 
management measures and restrictions through their state proclamation 
authority to reduce sea turtle mortality in the fall gill net fishery 
by 50 percent, compared to the mortality level indicated by strandings 
in 1999. NCDMF considered and rejected one other alternative, not 
applying for a permit and closing the fishery, when developing their 
conservation plan.
    This notice is provided pursuant to section 10(c) of the ESA and 
the National Environmental Policy Act (NEPA) regulations (40 CFR 
1506.6). NMFS will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of the NEPA regulations and section 10(a) of the ESA. 
If it is determined that the requirements are met, a permit will be 
issued for incidental takes of ESA-listed sea turtles under the 
jurisdiction of NMFS. The final NEPA and 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: March 28, 2005.
P. Michael Payne,
Chief, Marine Mammal and Turtle Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 05-6506 Filed 3-31-05; 8:45 am]
BILLING CODE 3510-22-S
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