Endangered Species; File No. 23861, 21413-21415 [2020-08092]
Download as PDF
Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
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than military readiness activities. The
MMPA does not define small numbers
and so, in practice, where estimated
numbers are available, NMFS compares
the number of individuals taken to the
most appropriate estimation of
abundance of the relevant species or
stock in our determination of whether
an authorization is limited to small
numbers of marine mammals.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
The number of takes for each species
authorized to be taken as a result of this
project is included in Table 7. Our
analysis shows that less than one-third
of the best available population
abundance estimate of each stock could
be taken by harassment. Furthermore,
these percentages conservatively assume
that all takes of killer whale will be
accrued to a single stock, when multiple
stocks are known to occur in the project
area. For the Alaska stock of minke
whale, a lack of an accepted stock
abundance value did not allow for the
calculation of an expected percentage of
the population that will be affected. The
most relevant estimate of partial stock
abundance is 1,233 minke whales for a
portion of the Gulf of Alaska (Zerbini et
al. 2006). Given three takes by Level B
harassment for the stock, comparison to
the best estimate of stock abundance
shows less than one percent of the stock
is expected to be impacted. The number
of animals authorized to be taken for
these stocks is considered small relative
to the relevant stock’s abundances even
if each estimated taking occurred to a
new individual, which is an unlikely
scenario.
Based on the analysis contained
herein of the activity (including the
mitigation and monitoring measures)
and the anticipated take of marine
mammals, NMFS finds that small
numbers of marine mammals will be
taken relative to the population size of
the affected species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
In order to issue an IHA, NMFS must
find that the specified activity will not
have an ‘‘unmitigable adverse impact’’
on the subsistence uses of the affected
marine mammal species or stocks by
Alaskan Natives. NMFS has defined
‘‘unmitigable adverse impact’’ in 50 CFR
216.103 as an impact resulting from the
specified activity: (1) That is likely to
reduce the availability of the species to
a level insufficient for a harvest to meet
subsistence needs by: (i) Causing the
marine mammals to abandon or avoid
hunting areas; (ii) Directly displacing
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subsistence users; or (iii) Placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
The project is in an area where
subsistence hunting for harbor seals or
sea lions could occur (Wolfe et al. 2013).
Peak hunting season in southeast Alaska
occurs during the month of November
and again during March and April.
During this time, seals are aggregated in
shoal areas as they prey on forage
species such as herring, making them
easier to find and hunt (Wolfe et al.
2013). However, the project location is
not preferred for hunting. There is littleto-no hunting documented in the
vicinity and there are no harvest quotas
for non-listed marine mammals. As
such, the Old Sitka Dock North
Dolphins Expansion Project is not
expected to have impacts on the ability
of hunters from southeast Alaska
subsistence communities to harvest
marine mammals. Additionally, HPMS
contacted the Sitka Tribe of Alaska, but
they did not raise any concerns
regarding subsistence impacts.
Therefore, NMFS has determined that
there will not be an unmitigable adverse
impact on subsistence uses from
HPMS’s activities.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the Alaska Region, Protected
Resources Division Office, whenever we
propose to authorize take for
endangered or threatened species.
Two marine mammal species, Mexico
DPS humpback whales and Western
DPS Steller sea lions, occur in the
project area and are listed as threatened
and endangered, respectively, under the
ESA. The NMFS Alaska Regional Office
Protected Resources Division issued a
Biological Opinion under section 7 of
the ESA, on the issuance of an IHA to
HPMS under section 101(a)(5)(D) of the
MMPA by the NMFS Permits and
Conservation Division. The Biological
Opinion concluded that the action is not
likely to jeopardize the continued
existence of either species, and is not
likely to destroy or adversely modify
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21413
western DPS Steller sea lion critical
habitat. As noted above, the proposed
humpback whale critical habitat has not
yet been finalized.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our action
(i.e., the issuance of an incidental
harassment authorization) with respect
to potential impacts on the human
environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
harassment authorizations with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Authorization
NMFS has issued an IHA to Halibut
Point Marine Services LLC for the
potential harassment of small numbers
of seven marine mammal species
incidental to the Old Sitka Dock North
Dolphins Expansion project in Sitka,
Alaska, provided the previously
mentioned mitigation, monitoring and
reporting requirements are conducted.
Dated: April 13, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–08085 Filed 4–16–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA107]
Endangered Species; File No. 23861
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Midwest Biodiversity Institute (MBI)
has applied in due form for a permit
pursuant to the Endangered Species Act
SUMMARY:
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17APN1
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21414
Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
of 1973, as amended (ESA). The permit
application is for the incidental take of
ESA-listed shortnose sturgeon
(Acipenser brevirostrum), Gulf of Main
Distinct population segment (GOM DPS)
Atlantic sturgeon, or the New York
Bight (NYB DPS) of Atlantic sturgeon.
(A. oxyrinchus) and the GOM DPS
Atlantic salmon (Salmo salar)
associated with the otherwise lawful
sampling of non-ESA listed fish in the
Lower Kennebec River. The duration of
the proposed permit is 10 years. NMFS
is furnishing 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.
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 https://
www.fisheries.noaa.gov/action/
incidental-take-permit-midwestbiodiversity-institute.
DATES: Written comments must be
received at the appropriate address or
fax number (see ADDRESSES) on or before
May 18, 2020.
ADDRESSES: The application is available
for download and review at https://
www.fisheries.noaa.gov/action/
incidental-take-permit-midwestbiodiversity-institute 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
13752, Silver Spring, MD 20910; phone
(301) 427–8402; fax (301) 713–4060.
You may submit comments, identified
by NOAA–NMFS–2020–0059, 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-2020-0059 click the
‘‘Comment Now’’ icon, complete the
required fields, and enter or attach your
comments.
• Fax: (301) 713–4060; Attn: Celeste
Stout.
• Mail: Submit written comments to
Endangered Species Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13631, Silver Spring, MD 20910; Attn:
Celeste Stout.
Instructions: You must submit
comments by one of the above methods
to ensure that we receive, document,
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18:19 Apr 16, 2020
Jkt 250001
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).
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, Phone: (301) 427–8436 or
Email: celeste.stout@noaa.gov.
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 regulations governing
permits for threatened and endangered
species are promulgated at 50 CFR
222.307.
Background
NMFS received a permit application
from MBI on January 31, 2020. Based on
our initial review of the application and
conservation plan, we requested further
information and clarification. On March
30, 2020, MBI submitted a revised and
complete application for the take of
ESA-listed shortnose sturgeon, Atlantic
sturgeon and Atlantic salmon due to the
sampling of non-ESA listed fish in the
Lower Kennebec River. MBI proposes to
continue an 18 yearlong (2002–19)
systematic assessment of the fish
assemblages at seven sites in an
approximate 17.5 mile (28.2 km) reach
of the Lower Kennebec River and three
sites in a 6 mile (9.7 km) reach of the
Sebasticook River. MBI will conduct
boat electrofishing where electric
current is generated by a Smith-Root
Generator Powered Pulsator and
transmitted into the water by an
electrode array suspended from the bow
of 16–18 foot long (25–29 km) jon boats
or a 16 foot long inflatable Wing raft.
NMFS determined that the application
contained sufficient information for
review and consideration under section
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10(a)(1)(B) of the ESA. MBI is requesting
a total annual incidental take of four
Atlantic salmon, four Atlantic sturgeon
and five shortnose sturgeon for a permit
duration of 10-years.
Conservation Plan
Section 10 of the ESA specifies that
no permit may be issued unless an
applicant submits an adequate
conservation plan. The conservation
plan prepared by MBI describes
measures designed to minimize and
mitigate the impacts of any incidental
take of ESA-listed shortnose sturgeon,
Atlantic sturgeon and Atlantic salmon.
To avoid and minimize take of ESA
listed species, MBI will: (1) Only sample
during the late summer and early fall to
avoid potential risk to early life stages
and juveniles, as these life stages of
shortnose and Atlantic sturgeon species
are not present in the river during that
time period. There is no risk to Atlantic
salmon early life stages because
spawning and rearing occurs in
tributaries well outside of the proposed
study area. (2) MBI will notify NOAA,
Maine Department of Marine Resources
(DMR) and Maine Department of Inland
Fisheries & Wildlife (IF&W) at least one
week prior to any planned sampling
activities. The notification will include
a general schedule and inclusive dates
of sampling. (3) All MBI and
accompanying non-MBI personnel
conducting the sampling will have
received appropriate training in
electrofishing and in the identification
of listed species. At the start of each
sampling day, each crewmember will
receive instruction about the procedures
to follow if a listed species is
encountered. (4) The conduct of
sampling and operation of the
electrofishing gear will be done in a
manner that minimizes the potential for
injury or mortality of listed species. (4a)
The electric current and the sampling
activity will immediately cease upon an
encounter with a listed species. Affected
fish will not be netted, touched, or
handled. Species identification and
estimation of length will be made
visually. To minimize effects to Atlantic
salmon, sampling will not be conducted
when ambient water temperature is
>22°C (per Maine DMR specifications).
(4b) Sampling activities will cease and
the electric current will be shut off for
a period of 5 minutes or until the
individual fish is observed to have
departed the area. The physical
condition of the fish will be recorded,
including their reaction to the electric
field and whether they were able to
leave the area under their own power.
(5) Any encounter with a listed species
will be promptly reported to the Office
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
of Protected Recourses, Endangered
Species Conservation Division.
MBI considered and rejected other
gear alternatives to conduct the
sampling because the alternative means
of sampling the study area are too
resource intensive and cost-ineffective
compared to the single gear of boatmounted pulsed direct current (DC)
electrofishing. Other possible
alternatives would require the direct
handling of listed species and thus
increase the risk of injury or mortality
to the fish. MBI believes that
combination of that risk and the
comparative inefficiency and
ineffectiveness of alternate fish
collecting gear types makes boatmounted pulsed DC electrofishing the
safest and most effective sampling
method available.
At present, the project is funded by
MBI research and development funds,
but MBI continues to seek external
funding. This project has been ongoing
for 18 years and is one of the longest
running biological monitoring projects
in New England and the only sustained
effort that focuses on large river fish
assemblages.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B)
permit constitutes a Federal action
requiring NMFS to comply with the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) 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, by
NMFS, that the activity proposed is
categorically excluded from the
requirement to prepare an
environmental assessment or
environmental impact statement.
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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
shortnose and Atlantic sturgeon and
Atlantic salmon. 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.
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18:19 Apr 16, 2020
Jkt 250001
Dated: April 13, 2020.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–08092 Filed 4–16–20; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and Deletions from
the Procurement List.
AGENCY:
This action adds products to
the Procurement List that will be
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes products and services from the
Procurement List previously furnished
by such agencies.
DATES: Date added to and deleted from
the Procurement List: May 17, 2020.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
715, Arlington, Virginia, 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
603–2117, Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUMMARY:
Additions
On 9/6/2019 and 3/6/2020, the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice of proposed additions
to the Procurement List. This notice is
published pursuant to 41 U.S.C. 8503
(a)(2) and 41 CFR 51–2.3.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the products and impact of the
additions on the current or most recent
contractors, the Committee has
determined that the products listed
below are suitable for procurement by
the Federal Government under 41 U.S.C.
8501–8506 and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
PO 00000
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Fmt 4703
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21415
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
products to the Government.
2. The action will result in
authorizing small entities to furnish the
products to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the products proposed
for addition to the Procurement List.
End of Certification
Accordingly, the following products
are added to the Procurement List:
Products
NSNs—Product Names:
7490–00–NIB–0054—Scale, Shipping,
Digital, 25 LB. Capacity, Black/Metallic
Mandatory Source of Supply: Asso. for the
Blind and Visually Impaired-Goodwill
Industries of Greater Rochester, Inc.,
Rochester, NY
Mandatory For: Total Government
Requirement
Contracting Activity: FEDERAL
ACQUISITION SERVICE, GSA/FAS
ADMIN SVCS ACQUISITION BR(2
NSNs—Product Names:
8405–01–683–2301—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 16 T
8405–01–683–2308—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 16 1/2 T
8405–01–683–2316—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 17 T
8405–01–683–2330—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 18 1/2 T
8405–01–683–2325—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 18 T
8405–01–683–2335—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Classic Fit, Heritage Tan, 19 T
8405–01–683–2522—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 15 1/2
8405–01–683–2567—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 16
8405–01–683–2574—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 16 1/2
8405–01–683–2579—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 17
8405–01–683–2582—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 17 1/2
8405–01–683–2585—Shirt, Army Green
Service Uniform, Men’s, Frch Plkt, S/S,
Athletic Fit, Heritage Tan, 18 1/2
E:\FR\FM\17APN1.SGM
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Agencies
[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21413-21415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08092]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA107]
Endangered Species; File No. 23861
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Midwest Biodiversity Institute
(MBI) has applied in due form for a permit pursuant to the Endangered
Species Act
[[Page 21414]]
of 1973, as amended (ESA). The permit application is for the incidental
take of ESA-listed shortnose sturgeon (Acipenser brevirostrum), Gulf of
Main Distinct population segment (GOM DPS) Atlantic sturgeon, or the
New York Bight (NYB DPS) of Atlantic sturgeon. (A. oxyrinchus) and the
GOM DPS Atlantic salmon (Salmo salar) associated with the otherwise
lawful sampling of non-ESA listed fish in the Lower Kennebec River. The
duration of the proposed permit is 10 years. NMFS is furnishing 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. 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
https://www.fisheries.noaa.gov/action/incidental-take-permit-midwest-biodiversity-institute.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before May 18, 2020.
ADDRESSES: The application is available for download and review at
https://www.fisheries.noaa.gov/action/incidental-take-permit-midwest-biodiversity-institute 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 13752, Silver Spring, MD
20910; phone (301) 427-8402; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2020-0059, 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-2020-0059 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Celeste Stout.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13631, Silver Spring, MD 20910; Attn: Celeste Stout.
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).
FOR FURTHER INFORMATION CONTACT: Celeste Stout, Phone: (301) 427-8436
or Email: [email protected].
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 regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.
Background
NMFS received a permit application from MBI on January 31, 2020.
Based on our initial review of the application and conservation plan,
we requested further information and clarification. On March 30, 2020,
MBI submitted a revised and complete application for the take of ESA-
listed shortnose sturgeon, Atlantic sturgeon and Atlantic salmon due to
the sampling of non-ESA listed fish in the Lower Kennebec River. MBI
proposes to continue an 18 yearlong (2002-19) systematic assessment of
the fish assemblages at seven sites in an approximate 17.5 mile (28.2
km) reach of the Lower Kennebec River and three sites in a 6 mile (9.7
km) reach of the Sebasticook River. MBI will conduct boat
electrofishing where electric current is generated by a Smith-Root
Generator Powered Pulsator and transmitted into the water by an
electrode array suspended from the bow of 16-18 foot long (25-29 km)
jon boats or a 16 foot long inflatable Wing raft. NMFS determined that
the application contained sufficient information for review and
consideration under section 10(a)(1)(B) of the ESA. MBI is requesting a
total annual incidental take of four Atlantic salmon, four Atlantic
sturgeon and five shortnose sturgeon for a permit duration of 10-years.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by MBI describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose
sturgeon, Atlantic sturgeon and Atlantic salmon. To avoid and minimize
take of ESA listed species, MBI will: (1) Only sample during the late
summer and early fall to avoid potential risk to early life stages and
juveniles, as these life stages of shortnose and Atlantic sturgeon
species are not present in the river during that time period. There is
no risk to Atlantic salmon early life stages because spawning and
rearing occurs in tributaries well outside of the proposed study area.
(2) MBI will notify NOAA, Maine Department of Marine Resources (DMR)
and Maine Department of Inland Fisheries & Wildlife (IF&W) at least one
week prior to any planned sampling activities. The notification will
include a general schedule and inclusive dates of sampling. (3) All MBI
and accompanying non-MBI personnel conducting the sampling will have
received appropriate training in electrofishing and in the
identification of listed species. At the start of each sampling day,
each crewmember will receive instruction about the procedures to follow
if a listed species is encountered. (4) The conduct of sampling and
operation of the electrofishing gear will be done in a manner that
minimizes the potential for injury or mortality of listed species. (4a)
The electric current and the sampling activity will immediately cease
upon an encounter with a listed species. Affected fish will not be
netted, touched, or handled. Species identification and estimation of
length will be made visually. To minimize effects to Atlantic salmon,
sampling will not be conducted when ambient water temperature is
>22[deg]C (per Maine DMR specifications). (4b) Sampling activities will
cease and the electric current will be shut off for a period of 5
minutes or until the individual fish is observed to have departed the
area. The physical condition of the fish will be recorded, including
their reaction to the electric field and whether they were able to
leave the area under their own power. (5) Any encounter with a listed
species will be promptly reported to the Office
[[Page 21415]]
of Protected Recourses, Endangered Species Conservation Division.
MBI considered and rejected other gear alternatives to conduct the
sampling because the alternative means of sampling the study area are
too resource intensive and cost-ineffective compared to the single gear
of boat-mounted pulsed direct current (DC) electrofishing. Other
possible alternatives would require the direct handling of listed
species and thus increase the risk of injury or mortality to the fish.
MBI believes that combination of that risk and the comparative
inefficiency and ineffectiveness of alternate fish collecting gear
types makes boat-mounted pulsed DC electrofishing the safest and most
effective sampling method available.
At present, the project is funded by MBI research and development
funds, but MBI continues to seek external funding. This project has
been ongoing for 18 years and is one of the longest running biological
monitoring projects in New England and the only sustained effort that
focuses on large river fish assemblages.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal
action requiring NMFS to comply with the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) 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, by NMFS, 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 shortnose and Atlantic sturgeon and Atlantic
salmon. 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: April 13, 2020.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2020-08092 Filed 4-16-20; 8:45 am]
BILLING CODE 3510-22-P