Endangered and Threatened Species; File No. 27106, 82573-82575 [2024-23559]
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices
included as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
ddrumheller on DSK120RN23PROD with NOTICES1
Case briefs may be submitted no later
than seven days after the date on which
the last verification report is issued in
this review. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.12
Interested parties who submit case
briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.13
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.14 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).15
12 See
19 CFR 351.309(d)(1).
19 351.309(c)(2) and (d)(2).
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
13 See
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Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act, unless
extended.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Scope of the 2019 Agreement
III. Background
IV. Preliminary Results of Review
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2024–23566 Filed 10–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE370]
Endangered and Threatened Species;
File No. 27106
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that
the North Carolina Department of
SUMMARY:
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82573
Marine Fisheries (NCDMF) has been
issued a permit for the incidental take
of Endangered Species Act listed sea
turtles and sturgeon associated with the
otherwise lawful commercial inshore
gillnet fishery in North Carolina.
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.fisheries.
noaa.gov/action/incidental-take-permitnorth-carolina-division-marinefisheries-sea-turtles-and-sturgeon.
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, NMFS, Office of Protected
Resources at celeste.stout@noaa.gov,
301–427–8403.
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 a
mechanism for authorizing incidental
take of listed species. NMFS regulations
governing permits for threatened and
endangered species are located in 50
CFR 222.307.
Species Covered in This Permit
Kemp’s ridley (Lepidochelys kempii),
hawksbill (Eretmochelys imbricata),
leatherback (Dermochelys coriacea) sea
turtles; North Atlantic and South
Atlantic distinct population segments
(DPSs) of green (Chelonia mydas) sea
turtles; Northwest Atlantic Ocean DPS
of loggerhead (Caretta caretta) sea
turtles; New York Bight, Chesapeake,
Carolina, and South Atlantic DPSs of
Atlantic sturgeon (Acipenser oxyrinchus
oxyrinchus); and and shortnose sturgeon
(Acipenser brevirostrum).
Background
NMFS received a draft permit
application and conservation plan from
NCDMF on June 22, 2022. Based on our
review of the draft application, we
requested further information and
clarification on their minimization,
monitoring, and mitigation measures
and take requests. After several draft
submissions and reviews, on December
2, 2022, NCDMF submitted a complete
revised application for the incidental
take of ESA-listed sea turtles and
sturgeon. On December 22, 2022, we
published a notice of receipt (87 FR
78659) of application and conservation
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11OCN1
82574
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices
plan from NCDMF for an incidental take
permit. In that notice, we made the
Incidental Take Permit (ITP) application
and associated conservation plan
available for public comment during a
30-day public comment period.
Subsequently, we received a request to
extend the public comment period.
NMFS provided a 30-day extension (88
FR 3971, January 23, 2023) to the
comment period, which closed on
February 22, 2023. We received 231
comments on the application and
conservation plan and responses to
these comments are available in the
draft Environmental Assessment (EA).
On August 10, 2023, a Federal
Register notice was published to inform
the public of the availability of, and
request comments on, the draft EA (88
FR 54303). The public comment period
ended on September 11, 2023, and 22
comments were received. The
comments received and their
accompanying responses are located in
appendix D of the final EA. Comments
received were considered and any
revisions needed to address comments
were incorporated in the final EA and
NCDMF’s final ITP application and
conservation plan.
NMFS has issued the requested
incidental take permit under the
authority of the ESA of 1973, as
amended (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).
Incidental takes by species in rolling
2-year (ITP year) intervals or ITP
duration that are authorized under the
permit were based on annual take
values from model predictions or
observed counts based on previous
interaction data for the duration of
requested ITP (10 years; Please see
section 7.A.2 Estimation of Incidental
Takes of the conservation plan).
Authorized takes include the total
number of predicted takes across the
fishery whenever possible; otherwise
takes are based on counts of observed
takes. Takes are either combined or
separate for mesh-size category and
disposition of the incidentally captured
animals. Mesh-size categories are large
(≥5 Inches Stretched Mesh (ISM), ≥12.7
Centimeters Stretched Mesh (CSM) and
small (<5 ISM, <12.7 CSM).
TABLE 1—AUTHORIZED TAKES UNDER PERMIT NO. 27106
Requested
2-year rolling
take
Species
Mesh-size category
Disposition
Predicted or
observed takes
Atlantic Sturgeon .................................................
Large & Small ..............
Large & Small ..............
Large & Small ..............
Live ...............................
Dead .............................
Live ...............................
Predicted ......................
Observed ......................
Predicted ......................
436
6
542
Large
Large
Large
Small
Large
Dead .............................
Live ...............................
Dead .............................
Live or Dead .................
Live or Dead .................
Predicted
Observed
Observed
Observed
Observed
170
10
4
4
4
Green sea turtle (North and South Atlantic
DPSs).
Kemp’s ridley sea turtle ......................................
Loggerhead sea
Ocean DPS).
turtle
(Northwest
Atlantic
& Small ..............
............................
............................
............................
& Small ..............
......................
......................
......................
......................
......................
Species
Mesh-size category
Disposition
Predicted or
observed takes
Shortnose sturgeon .............................................
Hawksbill sea turtle .............................................
Leatherback sea turtle ........................................
Large & Small ..............
Large & Small ..............
Large & Small ..............
Live or Dead .................
Live or Dead .................
Live or Dead .................
Observed ......................
Observed ......................
Observed ......................
Below we describes the approximate
assignment of DPS from the predicted
number and observed count of Atlantic
sturgeon take by live or dead status
across the 10 years of the requested ITP.
Individuals <500 mm total length (TL)
and ≥1,500 mm TL are assumed to
belong to the DPS where they were
collected (ASMFC 2017) because
individuals of these sizes are generally
regarded as juveniles natal to those
locations but not large enough to leave
the river or adults that are most likely
Total take over
10-year permit
4
2
2
Approximate assignment of DPS from
the predicted number and observed
count of Atlantic sturgeon takes by live
or dead status across the 10 years of the
ITP are indicated in the table below.
Take of Atlantic sturgeon will affect four
DPSs, at a total rate up to 15.9 percent
New York Bight DPS, 4.2 percent
Chesapeake Bay DPS, 66.2 percent
Carolina DPS, and 13.8 percent South
Atlantic DPS.
returning to their natal rivers to
reproduce. Thus, based on previous
interactions, 13.1 percent of total
bycatch could be assigned to the
Carolina DPS without further
evaluation, but the correct DPS for the
remaining portion of bycatch is
unknown. For the remaining 86.8
percent of the predicted numbers, DPS
assignment was based on proportions
provided in Kazyk et al. (2021) for the
geographic area ‘‘Mid Riverine/
Estuarine’’.
ddrumheller on DSK120RN23PROD with NOTICES1
TABLE 2—APPROXIMATE ASSIGNMENT OF DPS OD ATLANTIC STURGON TAKES
Atlantic sturgeon disposition
Predicted or observed
counts
Live ......................................
Dead ....................................
Predicted ............................
Observed Counts ...............
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Takes across
10 years
I
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2,180
30
Fmt 4703
New York
Bight DPS
I
Sfmt 4703
346
5
Chesapeake
DPS
I
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91
1
South atlantic
DPS
Carolina DPS
I
11OCN1
1,443
20
I
300
4
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Due to uncertainty about the exact
proportion of each DPS in the inshore
waters of North Carolina, the above
breakdown may not perfectly represent
the actual proportion of each DPS. This
expected variation is influenced by
natural seasonal and annual fluctuations
in the proportions of each DPS.
Therefore, the take estimates provided
for each DPS do not aim to precisely
estimate the proportion of each DPS to
be taken.
Conservation Plan
NCDMF’s conservation plan includes
measures to minimize, monitor, and
mitigate the incidental take of ESAlisted sea turtles and sturgeon. The
conservation plan addresses gill net
fisheries operating in estuarine waters
and deploying anchored gill nets as
regulated through fisheries rules
adopted by the North Carolina Marine
Fisheries Commission and
proclamations issued by the NCDMF
director. Regulations include mandatory
attendance, yardage limits, mesh size
restrictions, a minimum distance
between fishing operations, gear
marking requirements, soak-time
restrictions, net shot limits, net height
tie-down requirements, closed areas,
and monitoring and reporting
requirements. The conservation plan
includes an adaptive management and
monitoring program, fisheries reduction,
outreach, and timely response to
‘‘hotspots’’ where sturgeon and/or sea
turtle interactions are unusually high.
Additionally, NCDMF will commit
funds of up to $2,000 per year to
purchase Passive Integrated
Transponder (PIT) tags, which equates
to approximately 100 PIT tags per year.
As part of their Observer Program
sampling protocol, fin clips are taken
from live and dead sturgeon. These
samples are stored until they can be
submitted for genetic analysis and
included in the Atlantic Coast Sturgeon
Tissue Research Repository (ACSTRR)
housed at the United States Geological
Survey, Leetown Science Center. The
NCDMF will commit up to $3,000 per
year to fund genetic analysis; at
approximately $100 per sample, this
funding provides for the analysis of
approximately 30 fin clips per year. The
NCDMF will consult with NMFS to
ensure samples collected during the
current ITP and future samples
collected under the requested ITP are
appropriately selected based on criteria
such as sturgeon length, location, and
season. Should fewer than 30 fin clips
be collected for a given year, any funds
not expended from this allocation could
be used for analysis of historical
samples provided by NCDMF.
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17:15 Oct 10, 2024
Jkt 265001
NCDMF’s monitoring program is
funded by the North Carolina
Commercial Research is also a valuable
tool to address data gaps and inform
management decisions. The assistance
and cooperation of commercial fishery
stakeholders in the research can greatly
benefit scientific understanding of the
species. The NCDMF will continue to
support and assist research efforts and
facilitate the establishment of
relationships with the commercial
fishing industry. Also, the NCDMF will
help, to the extent possible, respond to
sea turtle cold-stun events, which occur
in NC with some regularity (Niemuth et
al. 2020). During future cold-stun
events, the NCDMF will help provide
transportation of staff, supplies, and
turtles using Observer Program
resources The NCDMF will
communicate with the North Carolina
Wilflife Resources Commission
(NCWRC) about this commitment to
ensure they reach out for assistance
when needed.
Fishing Resource Fund (G.S. 113–
173.1) state appropriations and is
supplemented through other sources
such as the Atlantic Coastal Cooperative
Statistics Program and the National Fish
and Wildlife Foundation.
Criteria for Issuing an Incidental Take
Permit
Issuance criteria are described in ESA
section 10(a)(2)(B) and associated
implementing regulations (50 CFR
222.307(c)(2)). Under section 10(a)(2)(B)
of the ESA, NMFS shall issue the
requested incidental take permit, if
NMFS finds that the following criteria
are met:
(i) The taking will be incidental;
(ii) The applicant will, to the
maximum extent practicable, monitor,
minimize, and mitigate the impacts of
such taking;
(iii) The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
(iv) The applicant has amended the
conservation plan to include any
measures (not originally proposed by
the applicant) that the Assistant
Administrator determines are necessary
or appropriate; and
(v) There are adequate assurances that
the conservation plan will be funded
and implemented, including any
measures required by the Assistant
Administrator.
NMFS found that NCDMF met the
criteria for the issuance of an incidental
take permit, and as such, NMFS issued
an incidental take permit to NCDMF for
the incidental take of ESA-Listed sea
turtles and sturgeon associated with the
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82575
otherwise lawful commercial inshore
gillnet fishery in North Carolina.
Dated: October 4, 2024.
Lisa Manning,
Acting Chief, Endangered Species
Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2024–23559 Filed 10–10–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Request for Public Comment
on the Draft National Coral Reef
Resilience Strategy
The Coral Reef Conservation
Program, Office for Coastal
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Request for written comments.
AGENCY:
NOAA announces the request
for written public comments on the
draft National Coral Reef Resilience
Strategy (National Strategy) in
accordance with the Coral Reef
Conservation Act of 2000 (CRCA), as
reauthorized and amended by the James
M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
NOAA administers the Coral Reef
Conservation Program (CRCP), which is
implemented in the coastal areas and
marine waters of Florida, Puerto Rico,
the U.S. Virgin Islands, Gulf of Mexico,
Hawaii, Guam, the Commonwealth of
the Northern Mariana Islands, American
Samoa, the U.S. Pacific Remote Island
Area, and targeted international regions,
including the wider Caribbean, the
Coral Triangle, the South Pacific, and
Micronesia. The reauthorized CRCA
directs NOAA to develop the National
Strategy within two years of enactment.
The National Strategy will replace the
existing CRCP Strategic Plan (2018). The
intended effect of this notice is to
initiate a period of public review and
comment on the National Strategy.
DATES: NOAA will consider all relevant
written comments by November 25,
2024.
SUMMARY:
Copies of the draft National
Strategy may be found on
www.regulations.gov (search for NOAA–
NOS–2024–0121). Comments may be
submitted by the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/NOAANOS-2024-0121 Click the ‘‘Comment
Now!’’ icon, complete the required
ADDRESSES:
E:\FR\FM\11OCN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82573-82575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23559]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE370]
Endangered and Threatened Species; File No. 27106
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of permit.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the North Carolina Department of
Marine Fisheries (NCDMF) has been issued a permit for the incidental
take of Endangered Species Act listed sea turtles and sturgeon
associated with the otherwise lawful commercial inshore gillnet fishery
in North Carolina.
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.fisheries.noaa.gov/action/incidental-take-permit-north-carolina-division-marine-fisheries-sea-turtles-and-sturgeon.
FOR FURTHER INFORMATION CONTACT: Celeste Stout, NMFS, Office of
Protected Resources at [email protected], 301-427-8403.
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 a mechanism
for authorizing incidental take of listed species. NMFS regulations
governing permits for threatened and endangered species are located in
50 CFR 222.307.
Species Covered in This Permit
Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys
imbricata), leatherback (Dermochelys coriacea) sea turtles; North
Atlantic and South Atlantic distinct population segments (DPSs) of
green (Chelonia mydas) sea turtles; Northwest Atlantic Ocean DPS of
loggerhead (Caretta caretta) sea turtles; New York Bight, Chesapeake,
Carolina, and South Atlantic DPSs of Atlantic sturgeon (Acipenser
oxyrinchus oxyrinchus); and and shortnose sturgeon (Acipenser
brevirostrum).
Background
NMFS received a draft permit application and conservation plan from
NCDMF on June 22, 2022. Based on our review of the draft application,
we requested further information and clarification on their
minimization, monitoring, and mitigation measures and take requests.
After several draft submissions and reviews, on December 2, 2022, NCDMF
submitted a complete revised application for the incidental take of
ESA-listed sea turtles and sturgeon. On December 22, 2022, we published
a notice of receipt (87 FR 78659) of application and conservation
[[Page 82574]]
plan from NCDMF for an incidental take permit. In that notice, we made
the Incidental Take Permit (ITP) application and associated
conservation plan available for public comment during a 30-day public
comment period. Subsequently, we received a request to extend the
public comment period. NMFS provided a 30-day extension (88 FR 3971,
January 23, 2023) to the comment period, which closed on February 22,
2023. We received 231 comments on the application and conservation plan
and responses to these comments are available in the draft
Environmental Assessment (EA).
On August 10, 2023, a Federal Register notice was published to
inform the public of the availability of, and request comments on, the
draft EA (88 FR 54303). The public comment period ended on September
11, 2023, and 22 comments were received. The comments received and
their accompanying responses are located in appendix D of the final EA.
Comments received were considered and any revisions needed to address
comments were incorporated in the final EA and NCDMF's final ITP
application and conservation plan.
NMFS has issued the requested incidental take permit under the
authority of the ESA of 1973, as amended (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).
Incidental takes by species in rolling 2-year (ITP year) intervals
or ITP duration that are authorized under the permit were based on
annual take values from model predictions or observed counts based on
previous interaction data for the duration of requested ITP (10 years;
Please see section 7.A.2 Estimation of Incidental Takes of the
conservation plan). Authorized takes include the total number of
predicted takes across the fishery whenever possible; otherwise takes
are based on counts of observed takes. Takes are either combined or
separate for mesh-size category and disposition of the incidentally
captured animals. Mesh-size categories are large (>=5 Inches Stretched
Mesh (ISM), >=12.7 Centimeters Stretched Mesh (CSM) and small (<5 ISM,
<12.7 CSM).
Table 1--Authorized Takes Under Permit No. 27106
----------------------------------------------------------------------------------------------------------------
Requested 2-
Species Mesh-size category Disposition Predicted or year rolling
observed takes take
----------------------------------------------------------------------------------------------------------------
Atlantic Sturgeon................ Large & Small...... Live............... Predicted.......... 436
Large & Small...... Dead............... Observed........... 6
Green sea turtle (North and South Large & Small...... Live............... Predicted.......... 542
Atlantic DPSs).
Large & Small...... Dead............... Predicted.......... 170
Kemp's ridley sea turtle......... Large.............. Live............... Observed........... 10
Large.............. Dead............... Observed........... 4
Small.............. Live or Dead....... Observed........... 4
Loggerhead sea turtle (Northwest Large & Small...... Live or Dead....... Observed........... 4
Atlantic Ocean DPS).
----------------------------------------------------------------------------------------------------------------
Total take
Species Mesh-size category Disposition Predicted or over 10-year
observed takes permit
----------------------------------------------------------------------------------------------------------------
Shortnose sturgeon............... Large & Small...... Live or Dead....... Observed........... 4
Hawksbill sea turtle............. Large & Small...... Live or Dead....... Observed........... 2
Leatherback sea turtle........... Large & Small...... Live or Dead....... Observed........... 2
----------------------------------------------------------------------------------------------------------------
Below we describes the approximate assignment of DPS from the
predicted number and observed count of Atlantic sturgeon take by live
or dead status across the 10 years of the requested ITP. Individuals
<500 mm total length (TL) and >=1,500 mm TL are assumed to belong to
the DPS where they were collected (ASMFC 2017) because individuals of
these sizes are generally regarded as juveniles natal to those
locations but not large enough to leave the river or adults that are
most likely returning to their natal rivers to reproduce. Thus, based
on previous interactions, 13.1 percent of total bycatch could be
assigned to the Carolina DPS without further evaluation, but the
correct DPS for the remaining portion of bycatch is unknown. For the
remaining 86.8 percent of the predicted numbers, DPS assignment was
based on proportions provided in Kazyk et al. (2021) for the geographic
area ``Mid Riverine/Estuarine''.
Approximate assignment of DPS from the predicted number and
observed count of Atlantic sturgeon takes by live or dead status across
the 10 years of the ITP are indicated in the table below. Take of
Atlantic sturgeon will affect four DPSs, at a total rate up to 15.9
percent New York Bight DPS, 4.2 percent Chesapeake Bay DPS, 66.2
percent Carolina DPS, and 13.8 percent South Atlantic DPS.
Table 2--Approximate Assignment of DPS od Atlantic Sturgon Takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Takes across New York Bight South atlantic
Atlantic sturgeon disposition Predicted or observed counts 10 years DPS Chesapeake DPS Carolina DPS DPS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Live...................................... Predicted................... 2,180 346 91 1,443 300
Dead...................................... Observed Counts............. 30 5 1 20 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 82575]]
Due to uncertainty about the exact proportion of each DPS in the
inshore waters of North Carolina, the above breakdown may not perfectly
represent the actual proportion of each DPS. This expected variation is
influenced by natural seasonal and annual fluctuations in the
proportions of each DPS. Therefore, the take estimates provided for
each DPS do not aim to precisely estimate the proportion of each DPS to
be taken.
Conservation Plan
NCDMF's conservation plan includes measures to minimize, monitor,
and mitigate the incidental take of ESA-listed sea turtles and
sturgeon. The conservation plan addresses gill net fisheries operating
in estuarine waters and deploying anchored gill nets as regulated
through fisheries rules adopted by the North Carolina Marine Fisheries
Commission and proclamations issued by the NCDMF director. Regulations
include mandatory attendance, yardage limits, mesh size restrictions, a
minimum distance between fishing operations, gear marking requirements,
soak-time restrictions, net shot limits, net height tie-down
requirements, closed areas, and monitoring and reporting requirements.
The conservation plan includes an adaptive management and monitoring
program, fisheries reduction, outreach, and timely response to
``hotspots'' where sturgeon and/or sea turtle interactions are
unusually high.
Additionally, NCDMF will commit funds of up to $2,000 per year to
purchase Passive Integrated Transponder (PIT) tags, which equates to
approximately 100 PIT tags per year. As part of their Observer Program
sampling protocol, fin clips are taken from live and dead sturgeon.
These samples are stored until they can be submitted for genetic
analysis and included in the Atlantic Coast Sturgeon Tissue Research
Repository (ACSTRR) housed at the United States Geological Survey,
Leetown Science Center. The NCDMF will commit up to $3,000 per year to
fund genetic analysis; at approximately $100 per sample, this funding
provides for the analysis of approximately 30 fin clips per year. The
NCDMF will consult with NMFS to ensure samples collected during the
current ITP and future samples collected under the requested ITP are
appropriately selected based on criteria such as sturgeon length,
location, and season. Should fewer than 30 fin clips be collected for a
given year, any funds not expended from this allocation could be used
for analysis of historical samples provided by NCDMF.
NCDMF's monitoring program is funded by the North Carolina
Commercial Research is also a valuable tool to address data gaps and
inform management decisions. The assistance and cooperation of
commercial fishery stakeholders in the research can greatly benefit
scientific understanding of the species. The NCDMF will continue to
support and assist research efforts and facilitate the establishment of
relationships with the commercial fishing industry. Also, the NCDMF
will help, to the extent possible, respond to sea turtle cold-stun
events, which occur in NC with some regularity (Niemuth et al. 2020).
During future cold-stun events, the NCDMF will help provide
transportation of staff, supplies, and turtles using Observer Program
resources The NCDMF will communicate with the North Carolina Wilflife
Resources Commission (NCWRC) about this commitment to ensure they reach
out for assistance when needed.
Fishing Resource Fund (G.S. 113-173.1) state appropriations and is
supplemented through other sources such as the Atlantic Coastal
Cooperative Statistics Program and the National Fish and Wildlife
Foundation.
Criteria for Issuing an Incidental Take Permit
Issuance criteria are described in ESA section 10(a)(2)(B) and
associated implementing regulations (50 CFR 222.307(c)(2)). Under
section 10(a)(2)(B) of the ESA, NMFS shall issue the requested
incidental take permit, if NMFS finds that the following criteria are
met:
(i) The taking will be incidental;
(ii) The applicant will, to the maximum extent practicable,
monitor, minimize, and mitigate the impacts of such taking;
(iii) The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild;
(iv) The applicant has amended the conservation plan to include any
measures (not originally proposed by the applicant) that the Assistant
Administrator determines are necessary or appropriate; and
(v) There are adequate assurances that the conservation plan will
be funded and implemented, including any measures required by the
Assistant Administrator.
NMFS found that NCDMF met the criteria for the issuance of an
incidental take permit, and as such, NMFS issued an incidental take
permit to NCDMF for the incidental take of ESA-Listed sea turtles and
sturgeon associated with the otherwise lawful commercial inshore
gillnet fishery in North Carolina.
Dated: October 4, 2024.
Lisa Manning,
Acting Chief, Endangered Species Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2024-23559 Filed 10-10-24; 8:45 am]
BILLING CODE 3510-22-P
