Endangered Species; File No. 21293, 5249 [2018-02320]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Page 5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02320]


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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; issuance of permit.

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SUMMARY: Notice is hereby given that NMFS has issued a permit to Mr. 
Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), for the 
incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi), 
loggerhead (Caretta caretta Northwest Atlantic Ocean Distinct 
Population Segment), green (Chelonia mydas North Atlantic Distinct 
Population Segment), Kemp's ridley (Lepidochelys kempii) and 
leatherback sea turtles (Dermochelys coriacea) associated with the 
otherwise lawful trawling activities in Florida state waters of Bay, 
Gulf, Franklin, and Wakulla Counties.

ADDRESSES: The incidental take permit, final environmental assessment, 
and other related documents are available on the NMFS Office of 
Protected Resources website at https://www.nmfs.noaa.gov/pr/permits/esa_review.htm.

FOR FURTHER INFORMATION CONTACT: Sara Wissmann, phone: (301) 427-8402; 
email: [email protected].

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 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. On March 16, 2017, NMFS 
notified GSML of this approach, and GSML confirmed the updated approach 
on March 21, 2017.
    On April 12, 2017, we published a notice of application receipt and 
requested review and comment on the application and conservation plan 
in the Federal Register (82 FR 17638). The public comment period for 
the application and conservation plan closed on May 12, 2017. NMFS 
received three comments on the action, all were generally supportive of 
the issuance of the permit. Specific concerns were raised on duration 
of the permit and oversite of activities covered by the permit, which 
were address in the Environmental Assessment.
    On November 6, 2017, we published a notice of availability of the 
draft Environmental Assessment and requested review and comment in the 
Federal Register (82 FR 51398). The public comment period for the 
Environmental Assessment closed on December 6, 2017, and no comments 
were received. NMFS has issued the requested permit under the authority 
of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 
et seq.) and the regulations governing the taking, importing, and 
exporting of endangered and threatened species (50 CFR parts 222-226).
    This permit authorizes the incidental take of up to a total of six 
sea turtles, all live, in any combination, of loggerhead, green, Kemp's 
ridley or leatherback sea turtles and up to six Gulf sturgeon, alive. 
If incidental captures reach the established level for either turtles 
or sturgeon, GSML must cease activities authorized under this ITP. Take 
must be incidental to otherwise lawful trawling activities described in 
the ITP application, and as conditioned in the permit. This ITP covers 
incidental take from date of issuance through December 11, 2035.
    The conservation plan prepared by GSML describes measures designed 
to minimize and mitigate the impacts of any incidental takes of ESA-
listed sea turtles and sturgeon. The main way that GSML will do this is 
by limiting tow times to 30 minutes. In the case of incidental capture 
this plan includes provisions to ensure that any captured sea turtles 
in need of resuscitation are provided such care, per NMFS guidelines. 
Additionally, any turtles needing medical attention or rehabilitation 
will be cared for by authorized persons and facilities. This permit 
also requires the applicant to follow specific handling procedures for 
Gulf sturgeon to minimize impacts to this species should an interaction 
occur. The conservation plan mitigates 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 entangled in fishing lines, nets, and trap ropes. If any of 
these sea turtles require care, GSML will transport them to a permitted 
sea turtle rehabilitation facility.

    Dated: February 1, 2018.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2018-02320 Filed 2-5-18; 8:45 am]
 BILLING CODE 3510-22-P