Endangered Species; File No. 18600, 637-638 [2013-31563]

Download as PDF Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: December 23, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–31489 Filed 1–3–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD056 Endangered Species; File No. 18600 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: SUMMARY: Notice is hereby given that the Hudson River Sloop Clearwater, Incorporated (hereinafter ‘Clearwater’) has applied in due form for a permit pursuant to the Endangered Species At of 1973, as amended (ESA). The permit application is for the incidental take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (A. brevirostrum) associated with the otherwise lawful environmental education program conducted on the Hudson River, New York. The education program uses small otter trawls and beach seines to collect fish and invertebrate specimens that are held onboard the vessels for educational purposes. The duration of the proposed permit is 10 years. NMFS is providing this notice in order to allow other agencies and the public an opportunity to review and comment on the application materials. 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 VerDate Mar<15>2010 17:08 Jan 03, 2014 Jkt 232001 fax number (see ADDRESSES) on or before February 5, 2014. 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 13535, Silver Spring, MD 20910; phone (301) 427–8403; fax (301) 713–4060. You may submit comments, identified by the following document number, 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-20130182. click the ‘‘Comment Now’’ icon, complete the required fields, and enter or attach your comments. • Fax: (301) 713–4060; Attn: Therese Conant. • 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. 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, (301) 427–856. 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 637 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 governing permits for threatened and endangered species are promulgated at 50 CFR 222.307. Background NMFS received a draft permit application from Clearwater on April 16, 2013. Based on our review of the draft application, we requested further information and clarification. On December 18, 2013, Clearwater submitted an updated draft application. Based on review of the updated draft, NMFS requested clarification on lethal take and alternatives considered. On December 23, 2013, Clearwater submitted a redraft, and based on review of the draft, NMFS determined that the application contained sufficient information for review and consideration under section 10(a)(1)(B) of the ESA. Clearwater is requesting incidental take of two sturgeon (either or combination of Atlantic and shortnose sturgeon) each year from 2014 through 2023 that may be caught in trawl or seine gear used to collect fish and invertebrate specimens from the Hudson River, New York. The take of ESA-listed Atlantic sturgeon is largely anticipated to be the New York Bight Distinct Population Segment (98 percent), but individuals may also originate from the Gulf of Maine, Chesapeake, Carolina, and South Atlantic Distinct Population Segments. Of the total 20 individual sturgeon anticipated to be taken for the duration of the permit, Clearwater does not anticipate lethal takes, but has applied for 2 lethal takes for the duration of the permit in the event that encounter conditions that lead to a mortality. Conservation Plan Clearwater’s conservation plan describes measures to minimize, monitor, and mitigate the incidental take of ESA-listed Atlantic and shortnose sturgeon. Clearwater will regularly communicate New York State Department of Environmental Conservation to avoid known sturgeon habitat and spawning grounds. Clearwater will use small otter trawls (95.52 by 45.72 cm doors and weigh less than 0.45 kg) and short tow times (= ≤ 5 minutes). Beach seines, which allow for targeted catch, will be used where practicable (e.g, away from urban areas and where tides allow). If Clearwater incidentally captures a sturgeon in their E:\FR\FM\06JAN1.SGM 06JAN1 638 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices sets, they will follow protocols for safe handling (https://www.nmfs.noaa.gov/ pr/pdfs/species/kahn_mohead_ 2010.pdf), and immediately release any sturgeon caught. Clearwater will maintain a detailed log of all gear sets and will submit to the NMFS incident and annual reports of incidental capture, if any, of listed sturgeon. Clearwater considered and rejected the use of beach seines only. Beach seines are not always practicable in areas of high urban use and strong currents. National Environmental Policy Act In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA), as implemented by 40 CFR parts 1500– 1508 and NOAA Administrative Order 216–6, Environmental Review Procedures for Implementing the National Policy Act (1999), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Next Steps This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the application, associated documents, and comments received during the comment period to determine whether the application meets the requirements of section 10(a) of the ESA. If NMFS determines that the requirements are met, a permit will be issued for incidental takes of ESA-listed sturgeon. The final NEPA and permit determinations will not be made until after the end of the comment period. NMFS will publish a record of its final action in the Federal Register. Dated: December 31, 2013. Angela Somma, Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–31563 Filed 1–3–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE mstockstill on DSK4VPTVN1PROD with NOTICES National Oceanic and Atmospheric Administration RIN 0648–XD043 Pacific Fishery Management Council; Online Webinar National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Mar<15>2010 17:08 Jan 03, 2014 Jkt 232001 ACTION: Notice of online webinar. SUMMARY: The Pacific Fishery Management Council’s (Pacific Council’s) Groundfish Endangered Species Work Group (ESWG) will hold an online webinar to orient members of this newly-formed committee, and to discuss future workload and process issues. The webinar is open to the public. DATES: The ESWG webinar will commence at 9 a.m. PST, Thursday, January 23, 2014 and continue until noon, or as necessary to complete business for the day. ADDRESSES: To attend the ESWG webinar, please join online at https:// www.joinwebinar.com and enter the webinar ID: 628–107–399, as well as your name and email address. Once you have joined the webinar, choose either your computer’s audio or select ‘‘Use Telephone.’’ To join the audio teleconference using a telephone, call the toll number 1–619–550–0004 and enter 628–107–399 when prompted for the audio code. If you do not select ‘‘Use Telephone,’’ you will be connected to audio using your computer’s microphone and speakers (VolP). A headset is recommended. System requirements for PC-based attendees: Windows 7, Vista, or XP; for Mac-based attendees: Mac OS X 10.5 or newer; and for mobile attendees: iPhone, iPad, Android phone, or Android tablet (see the GoToMeeting Webinar Apps). If you experience technical difficulties and would like assistance, please contact Mr. Kris Kleinschmidt at 503–820–2280. Public comments during the webinar will be received from attendees at the discretion of the ESWG Chair. FOR FURTHER INFORMATION CONTACT: Mr. Chuck Tracy, Pacific Council; telephone: (503) 820–2280. SUPPLEMENTARY INFORMATION: The specific objectives of the ESWG webinar are to introduce the members to each other, elect officers, review the ESWG terms of reference, and set out expectations for future work and how that work will be accomplished. No management actions will be decided in this webinar. Although non-emergency issues not identified in the webinar agenda may come before the webinar participants for discussion, those issues may not be the subject of formal action during this webinar. Formal action at the webinar 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 MagnusonStevens Fishery Conservation and PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Management Act, provided the public has been notified of the webinar participants’ intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820–2280 at least 5 days prior to the webinar date. Dated: December 31, 2013. William D. Chappell, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–31532 Filed 1–3–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD059 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: SUMMARY: The New England Fishery Management Council’s (Council) Recreational Advisory Panel and their Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meetings will be held on Wednesday, January 22, 2014 at 9 a.m. and Thursday, January 23, 2014 at 9 a.m. ADDRESSES: Meeting address: The meetings will be held at the DoubleTree Hotel Boston North Shore, 50 Ferncroft Road, Danvers, MA 01923; telephone: (978) 777–2500; fax: (978) 750–7991. 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 items of discussion in the committee’s agenda are as follows: Wednesday, January 22, 2014 Beginning at 9 a.m. The Recreational Advisory Panel (RAP) will meet to have a discussion of Habitat Omnibus Amendment 2 management alternatives related to the E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 637-638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31563]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD056


Endangered Species; File No. 18600

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

ACTION: Notice; receipt of application.

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

SUMMARY: Notice is hereby given that the Hudson River Sloop Clearwater, 
Incorporated (hereinafter `Clearwater') has applied in due form for a 
permit pursuant to the Endangered Species At of 1973, as amended (ESA). 
The permit application is for the incidental take of Atlantic sturgeon 
(Acipenser oxyrinchus oxyrinchus) and shortnose sturgeon (A. 
brevirostrum) associated with the otherwise lawful environmental 
education program conducted on the Hudson River, New York. The 
education program uses small otter trawls and beach seines to collect 
fish and invertebrate specimens that are held onboard the vessels for 
educational purposes. The duration of the proposed permit is 10 years. 
NMFS is providing this notice in order to allow other agencies and the 
public an opportunity to review and comment on the application 
materials. 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 February 5, 2014.

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 13535, 
Silver Spring, MD 20910; phone (301) 427-8403; fax (301) 713-4060.
    You may submit comments, identified by the following document 
number, 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-2013-0182. click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Fax: (301) 713-4060; Attn: Therese Conant.
     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.
    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, (301) 427-856.

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 governing permits 
for threatened and endangered species are promulgated at 50 CFR 
222.307.

Background

    NMFS received a draft permit application from Clearwater on April 
16, 2013. Based on our review of the draft application, we requested 
further information and clarification. On December 18, 2013, Clearwater 
submitted an updated draft application. Based on review of the updated 
draft, NMFS requested clarification on lethal take and alternatives 
considered. On December 23, 2013, Clearwater submitted a redraft, and 
based on review of the draft, NMFS determined that the application 
contained sufficient information for review and consideration under 
section 10(a)(1)(B) of the ESA.
    Clearwater is requesting incidental take of two sturgeon (either or 
combination of Atlantic and shortnose sturgeon) each year from 2014 
through 2023 that may be caught in trawl or seine gear used to collect 
fish and invertebrate specimens from the Hudson River, New York. The 
take of ESA-listed Atlantic sturgeon is largely anticipated to be the 
New York Bight Distinct Population Segment (98 percent), but 
individuals may also originate from the Gulf of Maine, Chesapeake, 
Carolina, and South Atlantic Distinct Population Segments. Of the total 
20 individual sturgeon anticipated to be taken for the duration of the 
permit, Clearwater does not anticipate lethal takes, but has applied 
for 2 lethal takes for the duration of the permit in the event that 
encounter conditions that lead to a mortality.

Conservation Plan

    Clearwater's conservation plan describes measures to minimize, 
monitor, and mitigate the incidental take of ESA-listed Atlantic and 
shortnose sturgeon. Clearwater will regularly communicate New York 
State Department of Environmental Conservation to avoid known sturgeon 
habitat and spawning grounds. Clearwater will use small otter trawls 
(95.52 by 45.72 cm doors and weigh less than 0.45 kg) and short tow 
times (= <= 5 minutes). Beach seines, which allow for targeted catch, 
will be used where practicable (e.g, away from urban areas and where 
tides allow). If Clearwater incidentally captures a sturgeon in their

[[Page 638]]

sets, they will follow protocols for safe handling (https://www.nmfs.noaa.gov/pr/pdfs/species/kahn_mohead_2010.pdf), and 
immediately release any sturgeon caught. Clearwater will maintain a 
detailed log of all gear sets and will submit to the NMFS incident and 
annual reports of incidental capture, if any, of listed sturgeon.
    Clearwater considered and rejected the use of beach seines only. 
Beach seines are not always practicable in areas of high urban use and 
strong currents.

National Environmental Policy Act

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) (NEPA), as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review 
Procedures for Implementing the National Policy Act (1999), an initial 
determination has been made that the activity proposed is categorically 
excluded from the requirement to prepare an environmental assessment or 
environmental impact statement.

Next Steps

    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
received during the comment period to determine whether the application 
meets the requirements of section 10(a) of the ESA. If NMFS determines 
that the requirements are met, a permit will be issued for incidental 
takes of ESA-listed sturgeon. The final NEPA and permit determinations 
will not be made until after the end of the comment period. NMFS will 
publish a record of its final action in the Federal Register.

    Dated: December 31, 2013.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2013-31563 Filed 1-3-14; 8:45 am]
BILLING CODE 3510-22-P
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