Receipt of an Application for Incidental Take Permit (1528), 16803-16804 [05-6506]
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
facilitate the construction of compact,
distal probes where input and output
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[NIST Docket Number: 03–009US]
Title: Spectrally Tunable Solid-state
Light Source.
Abstract: A radiometrically stable,
spectrally tunable, solid-state source has
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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
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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
]]>Agencies
[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]
-----------------------------------------------------------------------
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
