Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 18102, 51709-51710 [2013-20363]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51709-51710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20363]



[[Page 51709]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC711


Notice of Availability of Draft Environmental Assessment on the 
Effects of Issuing an Incidental Take Permit No. 18102

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

ACTION: Notice of availability of a Draft Environmental Assessment; 
request for comments.

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SUMMARY: NMFS announces the availability of the ``Draft Environmental 
Assessment (EA) on the Effects of Issuing an Incidental Take Permit 
(No. 18102) to the North Carolina Division of Marine Fisheries for the 
Incidental Take of Atlantic Sturgeon Distinct Population Segments in 
the North Carolina Inshore Gillnet Fishery.'' Publication of this 
notice begins the official public comment period for this draft EA. Per 
the National Environmental Policy Act (NEPA), the purpose of the draft 
EA is to evaluate the potential direct, indirect, and cumulative 
impacts caused by the issuance of Permit No. 18102 to the North 
Carolina Division of Marine Fisheries (NCDMF) for the incidental take 
of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) Gulf of Maine, 
New York Bight, Chesapeake, Carolina, and South Atlantic Distinct 
Population Segments (DPSs) associated with the otherwise lawful 
commercial and recreational fisheries operating in estuarine waters and 
deploying anchored gill nets (i.e., passive gill net sets deployed with 
an anchor or stake at one or both ends of the nets). All comments 
received will become part of the public record and will be available 
for review. An electronic copy of the revised application and proposed 
conservation plan may be obtained by contacting NMFS Office of 
Protected Resources (see FOR FURTHER INFORMATION CONTACT) or visiting 
the Internet at www.nmfs.noaa.gov/pr/permits/esa_review.htm.

DATES: Written comments must be received at the appropriate address or 
fax number (see ADDRESSES) on or before September 20, 2013.

ADDRESSES: The EA 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 13535, Silver Spring, MD 
20910; phone (301)427-8403; fax (301) 713-4060.
    You may submit comments, identified by ``NOAA-NMFS-2013-0104'', 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-2013-0104. Click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Fax: (301) 713-4060; Attn: Therese Conant or Angela Somma.
     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: Therese Conant 
or Angela Somma.
    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). Attachments to electronic comments will 
be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Therese Conant or Angela Somma, (301) 
427-8403.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
prohibits 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. The regulations for 
issuing incidental take permits for threatened and endangered species 
are promulgated at 50 CFR 222.307.
    NMFS received a draft permit application from NCDMF on April 5, 
2012. Based on our review of the draft application, we requested 
further information and clarification. On December 19, 2012, NCDMF 
submitted an updated draft application. Based on review of the updated 
draft, NMFS and NCDMF held further discussions on a monitoring program 
to gather improved estimates of Atlantic sturgeon bycatch and a better 
understanding of population impacts. On June 28, 2013, NCDMF submitted 
a revised complete application for the take of ESA-listed Atlantic 
sturgeon Gulf of Maine, New York Bight, Chesapeake, Carolina, and South 
Atlantic DPSs that may be caught in gill net fisheries operating in 
estuarine waters and deploying anchored gill nets (i.e., passive gill 
net sets deployed with an anchor or stake at one or both ends of the 
nets).
    On July 9, 2013, we published a notice of application receipt and 
requested review and comment on the application and conservation plan 
in the Federal Register (78 FR 41034, July 9, 2013). The public comment 
period for the application and conservation plan ends August 8, 2013.
    Through this notice, we are making the Draft EA available for 
comment and review. The EA analyzes the effects to the human and 
natural environment caused by the issuance of ITP No. 18102 to NCDMF 
for the incidental take of Atlantic sturgeon Gulf of Maine, New York 
Bight, Chesapeake, Carolina, and South Atlantic DPSs during management 
of North Carolina inshore gillnet fisheries. As required by regulations 
implementing section 10(a)(1)(B) of the ESA, the conservation plan must 
specify, based on the best scientific and commercial data available:
     The impact which will likely result from the taking;
     How the applicant will minimize and mitigate those 
impacts, and the funding available to implement;
     What alternative actions the applicant considered, and why 
those actions are not being pursued;
     Other measures the Secretary of Commerce may require; and
     All sources of data relied on in preparing the plan.
    The conservation plan prepared by NCDMF describes measures designed 
to monitor, minimize, and mitigate the incidental take of ESA-listed 
Atlantic Sturgeon. The conservation plan includes managing inshore gill 
net fisheries by dividing estuarine waters into 5 management units. 
Each of the

[[Page 51710]]

management units would be monitored seasonally and by fishery (i.e., 
large mesh and small mesh gillnet).

Alternatives Considered

    In preparing the Draft EA, NMFS considered the following 3 
alternatives for the action.
    Alternative 1--No Action. Under the No Action alternative no ITP 
would be issued for the incidental take of Atlantic sturgeon Gulf of 
Maine, New York Bight, Chesapeake, Carolina, and South Atlantic DPSs. 
NCDMF would not receive an exemption for the commercial inshore gillnet 
fishery from the ESA prohibitions against take.
    Alternative 2--(Proposed) Issue ITP as Requested in Application. 
Under Alternative 2, an ITP would be issued to exempt NCDMF from the 
ESA prohibition on taking Atlantic sturgeon Gulf of Maine, New York 
Bight, Chesapeake, Carolina, and South Atlantic DPSs during the 
otherwise lawful recreational and commercial inshore gillnet fishery.
    Alternative 3--Issue Permit with Reductions in Large and Small Mesh 
(Alternatives 3 and 5 in the Conservation Plan) and Expansion of Weekly 
Closures (Alternative 4 in the Conservation Plan). Under Alternative 3, 
a permit would be issued to exempt NCDMF from the ESA prohibition on 
taking Atlantic sturgeon Gulf of Maine, New York Bight, Chesapeake, 
Carolina, and South Atlantic DPSs during the otherwise lawful 
recreational and commercial gill net fishery operating in inshore 
waters and deploying anchored gill nets. But it would require further 
reductions in large and small mesh gill net effort and expand the soak 
time prohibitions to all inshore waters.

Environmental Consequences of Alternatives

    The Draft EA presents the scientific and analytic basis for 
comparison of the direct, indirect, and cumulative effects of the 
alternatives. Regulations for implementing NEPA (42 U.S.C. 4331 et 
seq.) require considerations of both the context and intensity of a 
proposed action (40 CFR 1508.27). Each of the alternatives is expected 
to result in both live captures (non-lethal take) and mortalities 
(lethal take) of Atlantic sturgeon. Although Alternative 1 is no 
action, or denial of the ITP request, in this analysis NMFS assumes 
that the status quo would largely be maintained for the fishery. No 
take authorization would be provided; however, it is likely that if the 
state continues to operate the fishery without an ITP, both live 
captures and mortalities would occur. For Alternatives 2 and 3, 
incidental take of Atlantic Sturgeon would be authorized for both live 
captures and mortalities. Alternative 3 would likely result in fewer 
live captures and mortalities than Alternatives 1 and 2.
    NMFS is currently preparing a biological opinion, pursuant to 
section 7(b) of the ESA, evaluating the effects of the issuance of the 
ITP on listed species under NMFS' purview. The biological opinion will 
assess the potential impacts of the action and determine if the 
issuance of the ITP is likely to jeopardize the continued existence of 
Atlantic sturgeon Gulf of Maine, New York Bight, Chesapeake, Carolina, 
and South Atlantic DPSs.

Incidental Take of Other Species

    NMFS determined that the issuance of Permit 18102 to NCDMF is not 
likely to adversely affect the West Indian manatee, Roseate Tern, Wood 
Stork, or the loggerhead, green, Kemp's ridley, and leatherback sea 
turtles (terrestrial life stage) and requested concurrence with the 
United States Fish and Wildlife Service (FWS) on July 16, 2013. A final 
determination from FWS will be considered and incorporated in the final 
permit and EA.

Social and Economic Impacts

    NMFS assumes for the No Action Alternative (Alternative 1) that the 
status quo would largely be maintained for the fishery. Because no 
incidental take permit would be issued, NCDMF would not receive an 
exemption from the ESA prohibitions against take; therefore, any 
incidental takes of Atlantic sturgeon resulting from the recreational 
and commercial gill net fishery deploying anchored sets and operating 
in inshore waters would not be exempted. To the extent that this 
alternative would limit additional burdens on recreational and 
commercial gill net fishermen (e.g., allowing more yardage, net shots, 
avoiding additional reporting requirements, education etc.), the No 
Action Alternative would have less of a socio-economic impact than the 
two action alternatives.
    The issuance of the Permit as Requested in the Application 
(Alternative 2 Proposed Action) would result in additional burdens to 
recreational and commercial gill net fishermen deploying anchored sets 
and operating in inshore waters, NCDMF could potentially close areas or 
further restrict fisheries practices and effort in areas and times 
identified as a high potential for Atlantic sturgeon bycatch. This 
would result in socio-economic costs to the fishing community and 
ancillary businesses that are greater than the no action alternative 
(Alternative 1).
    The issuance of the Permit with Reductions in Large and Small Mesh 
and Expansion of Weekly Closures (Alternative 3) would result in 
additional burdens to recreational and commercial gill net fishermen 
deploying anchored sets and operating in inshore waters. NCDMF would 
further limit gill net fishing in all inshore waters to a 3-day closure 
and limit yardage and soak times and require attendance in certain 
areas and times. This would result in socio-economic costs to the 
fishing community and ancillary businesses that are greater than the No 
Action (Alternative 1) and Proposed Action (Alternative 2) 
alternatives.

Implementing Agreement

    NMFS and NCDMF are developing an implementing agreement to define 
roles and responsibilities of each party and provide a common 
understanding of actions to be undertaken to minimize and mitigate the 
effects of anchored gillnet fishing in inshore waters on Atlantic 
sturgeon Gulf of Maine, New York Bight, Chesapeake, Carolina, and South 
Atlantic DPSs. The agreement describes obligations of both parties, 
including how changed and unforeseen circumstances will be addressed, 
as well as the responsibilities of each party in implementing the 
conservation plan. Additionally, the agreement describes the process 
for initiating and implementing adaptive management as needed to 
achieve the Plan's biological objectives or respond to new information 
(e.g., observer data).

Next Steps

    This notice is provided pursuant to section 10(c) of the ESA. The 
application, supporting documents, public comments, and views already 
received by the agency, as well as those submitted in response to this 
notice, will be fully considered and evaluated as we prepare the final 
EA and determine whether to issue a Finding of No Significant Impact. 
The final NEPA document and ITP determinations will not be completed 
until after the 30-day comment period ends. NMFS will publish a record 
of its final action in the Federal Register. We will also make any 
final NEPA documents available to the public.

    Dated: August 16, 2013.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2013-20363 Filed 8-20-13; 8:45 am]
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