Notice of Availability of Draft Environmental Assessment on the Effects of Issuing Incidental Take Permit No. 27490, 1448-1449 [2025-00158]
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1448
Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices
activities should be directed to
Christopher Wright, Fishery Policy
Analyst, NOAA Fisheries, 1315 East
West Highway, Silver Spring, MD
20910, 301–427–8570, and
chris.wright@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for an extension of a
currently approved information
collection.
Under section 318(d) of the
Magnuson-Stevens Fishery and
Conservation and Management Act
(Magnuson-Stevens Act) [16 U.S.C.
1801, et seq.], as amended by the
Sustainable Fisheries Act [Pub. L. 104–
297], the Secretary of Commerce
(Secretary) is required to promulgate
regulations that create an expedited,
uniform, and regionally-based process
to promote issuance, where practicable,
of experimental fishing permits.
Regulations under 50 CFR 648.12 and
50 CFR 600.745 establish processes for
scientific research plans as well as
exempted fishing and exempted
educational activities that are exempted
from applicable fishing regulations.
Fishing regulations do not generally
affect scientific research activities
conducted by a scientific research
vessel. Persons planning to conduct
such research are encouraged to submit
a scientific research plan to ensure that
the activities are considered research
and not fishing. The researchers are
requested to submit reports of their
scientific research activity after its
completion. Eligible researchers on
board federally permitted fishing vessels
that plan to temporarily possess fish in
a manner not compliant with applicable
fishing regulations for the purpose of
collecting scientific data on catch may
submit a request for a temporary
possession letter of authorization. The
researchers are requested to submit
reports of their scientific research
activity after its completion. The
National Marine Fisheries Service
(NMFS) may also grant exemptions from
fishery regulations for educational or
other activities (e.g., using nonregulation gear). The applications for
these exemptions must be submitted, as
well as reports on activities.
lotter on DSK11XQN23PROD with NOTICES1
II. Method of Collection
Information may be submitted on
paper or electronically, and in some
cases by telephone.
III. Data
OMB Control Number: 0648–0309.
Form Number(s): None.
VerDate Sep<11>2014
17:50 Jan 07, 2025
Jkt 265001
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Business or other forprofit; individuals or households; not
for profit organizations; state, local or
tribal governments.
Estimated Number of Respondents:
121.
Estimated Time per Response:
Scientific research plans, 13 hours;
scientific research reports, 6 hours;
exempted fishing permit requests, 10
hours; exempted fishing permit reports,
4.5 hours; exempted educational
requests, 5 hours; exempted educational
reports, 2.5 hours.
Estimated Total Annual Burden
Hours: 2,141.
Estimated Total Annual Cost to
Public: $382.36.
Respondent’s Obligation: Mix of
Voluntary, Required to Obtain or Retain
Benefits, or Mandatory.
Legal Authority: The MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801, et
seq.).
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this information
collection request. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you may ask us in your comment to
withhold your personal identifying
information from public review, we
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cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2025–00205 Filed 1–7–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE603]
Notice of Availability of Draft
Environmental Assessment on the
Effects of Issuing Incidental Take
Permit No. 27490
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; availability of a Draft
Environmental Assessment; request for
comments.
AGENCY:
NMFS announces the
availability of the Draft Environmental
Assessment (EA) on the effects of
issuing an Incidental Take Permit (ITP)
(No. 27490) to the University of
Massachusetts Dartmouth School for
Marine Science and Technology
(SMAST), pursuant to the Endangered
Species Act (ESA) of 1973, as amended,
for the incidental take of ESA-listed sea
turtles and sturgeon associated with the
otherwise lawful fisheries survey
activities within and adjacent to the
Massachusetts/Rhode Island Wind
Energy Area. The duration of the
requested permit is 10 years. NMFS is
requesting comment on the draft EA.
DATES: Written comments must be
received at the appropriate address or
fax number (see ADDRESSES) on or before
February 7, 2025.
ADDRESSES: The EA is available for
download and review at https://
www.regulations.gov (enter NOAA–
NMFS–2023–0090 in the Search box)
and at https://www.fisheries.noaa.gov/
national/endangered-speciesconservation/incidental-take-permits
under the section heading Related
Documents for the Incidental Take
Permit to the University of
Massachusetts Dartmouth School for
Marine Science and Technology (Sea
Turtles and Sturgeon). The draft EA is
also available upon written request (see
FOR FURTHER INFORMATION CONTACT). You
may submit comments on the draft EA
identified by NOAA–NMFS–2023–0090,
by any of the following methods:
SUMMARY:
E:\FR\FM\08JAN1.SGM
08JAN1
Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0090 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: 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 by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on 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. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
lotter on DSK11XQN23PROD with NOTICES1
Alison Verkade, NMFS, Office of
Protected Resources at alison.verkade@
noaa.gov, 301–427–8074.
SUPPLEMENTARY INFORMATION:
Publication of this notice begins the
official public comment period for this
draft EA. Per the National
Environmental Policy Act (NEPA), the
purpose of the draft EA is to evaluate
the potential direct, indirect, and
cumulative impacts caused by the
issuance of Permit No. 27490 to SMAST
for the incidental take of ESA-listed sea
turtles and sturgeon associated with the
otherwise lawful fisheries survey
activities within and adjacent to the
Massachusetts/Rhode Island Wind
Energy Area. All comments received
will become part of the public record
and will be available for review.
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 (16 U.S.C. 1532(19)). Section
10(a)(1)(B) of the ESA provides a
mechanism for authorizing incidental
take of listed species. NMFS is
authorized to issue permits under
section 10(a)(1)(B) of the ESA, in certain
circumstances, to take listed species
incidental to, and not the purpose of,
otherwise lawful activities. NMFS
regulations governing permits for
threatened and endangered species are
promulgated at 50 CFR 222.307.
VerDate Sep<11>2014
17:50 Jan 07, 2025
Jkt 265001
Species Covered in This Notice
The following species are included in
the EA: the North Atlantic distinct
population segments (DPS) of green
(Chelonia mydas), Kemp’s ridley
(Lepidochelys kempii), and leatherback
(Dermochelys coriacea) sea turtles; the
Northwest Atlantic Ocean DPS of
loggerhead (Caretta caretta) sea turtles;
and the Gulf of Maine, New York Bight,
Chesapeake, Carolina, and South
Atlantic DPSs of Atlantic sturgeon
(Acipenser oxyrinchus oxyrinchus).
Background
NMFS received a draft permit
application and conservation plan from
SMAST on September 29, 2022. Based
on our review of the draft application,
we requested further information and
clarification. After several draft
submissions and reviews, on June 13,
2023, SMAST submitted a complete
revised application for the incidental
take of ESA-listed sea turtles and
sturgeon. On July 6, 2023, we published
a notice of receipt (88 FR 43082) of
application and conservation plan from
SMAST for an incidental take permit. In
that notice, we made the ITP application
and associated conservation plan
available for public comment. During
the comment period, we received two
requests to extend the public comment
period. NMFS provided an additional
15-day public comment period (88 FR
55668, August 16, 2023) to the comment
period, which closed on August 31,
2023. We received three comments on
the application and conservation plan,
and responses to these comments are
available in the draft EA.
National Environmental Policy Act
This notice is provided pursuant to
section 10(c) of the ESA and the NEPA
regulations (40 CFR 1506.6). The draft
EA was prepared in accordance with
NEPA (42 U.S.C. 4321, et seq., 40 CFR
1500–1508) and applicable NOAA
policy and procedures (NOAA
Administrative Order (NAO) 216–6A
and the NOAA Companion Manual
(CM) for the NAO 216–6A).
Alternatives Considered
NMFS’ proposed action is issuance of
an ITP to SMAST would authorize take
of threatened and endangered sea turtle
and sturgeon species associated with the
otherwise lawful fisheries survey
activities within and adjacent to the
Massachusetts/Rhode Island Wind
Energy Area and require
implementation of a conservation plan,
in accordance with the requirements of
the ESA. In preparing the draft EA,
NMFS considered the following two
alternatives for the proposed action.
PO 00000
Frm 00016
Fmt 4703
Sfmt 9990
1449
Alternative 1: No Action. In
accordance with the CM for NAO 216–
6A, section 6.B.i, NMFS is defining the
no action alternative as not authorizing
the requested incidental take of ESAlisted sea turtles and sturgeon. This is
consistent with our statutory obligation
under section 10(a)(1)(B) of the ESA to
either: (1) deny the requested ITP or (2)
grant the requested ITP and prescribe
mitigation, monitoring, and reporting
requirements. Under the no action
alternative, NMFS would not issue the
ITP, in which case, we assume SMAST
would either not complete the fisheries
surveys, or would use alternative
methods to collect fisheries information
and the full suite of specific mitigation
measures, monitoring, reporting
explained in the Conservation Plan
would not be implemented. The Council
on Environmental Quality (CEQ)
regulations and the CM for NAO 216–
6A require consideration and analysis of
a no action alternative for the purposes
of presenting a comparative analysis to
the action alternatives. The no action
alternative, serves as a baseline against
which the impacts of the action
alternatives will be compared and
contrasted.
Alternative 2: Issue Permit as
Requested in Application (Preferred
alternative): Under Alternative 2, an ITP
would be issued to exempt SMAST from
the ESA prohibition on taking sturgeon
and sea turtles during operation of the
otherwise lawful fisheries survey
activities within and adjacent to the
Massachusetts/Rhode Island Wind
Energy Area. As required under section
10(a)(1)(B), the ITP would require
SMAST to operate as described in the
application and conservation plan to
avoid, minimize, and mitigate take of
ESA-listed sea turtles and sturgeon.
Final permit determinations will not
be completed until after the end of the
30-day comment period and will fully
consider all public comments received
during the comment period. NMFS will
publish a record of its final action in the
Federal Register.
Dated: January 2, 2025.
Lisa Manning,
Acting Chief, Endangered Species
Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2025–00158 Filed 1–7–25; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1448-1449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00158]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE603]
Notice of Availability of Draft Environmental Assessment on the
Effects of Issuing Incidental Take Permit No. 27490
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; availability of a Draft Environmental Assessment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the availability of the Draft Environmental
Assessment (EA) on the effects of issuing an Incidental Take Permit
(ITP) (No. 27490) to the University of Massachusetts Dartmouth School
for Marine Science and Technology (SMAST), pursuant to the Endangered
Species Act (ESA) of 1973, as amended, for the incidental take of ESA-
listed sea turtles and sturgeon associated with the otherwise lawful
fisheries survey activities within and adjacent to the Massachusetts/
Rhode Island Wind Energy Area. The duration of the requested permit is
10 years. NMFS is requesting comment on the draft EA.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before February 7, 2025.
ADDRESSES: The EA is available for download and review at https://www.regulations.gov (enter NOAA-NMFS-2023-0090 in the Search box) and
at https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits under the section heading Related
Documents for the Incidental Take Permit to the University of
Massachusetts Dartmouth School for Marine Science and Technology (Sea
Turtles and Sturgeon). The draft EA is also available upon written
request (see FOR FURTHER INFORMATION CONTACT). You may submit comments
on the draft EA identified by NOAA-NMFS-2023-0090, by any of the
following methods:
[[Page 1449]]
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0090 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
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. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Alison Verkade, NMFS, Office of
Protected Resources at [email protected], 301-427-8074.
SUPPLEMENTARY INFORMATION: Publication of this notice begins the
official public comment period for this draft EA. Per the National
Environmental Policy Act (NEPA), the purpose of the draft EA is to
evaluate the potential direct, indirect, and cumulative impacts caused
by the issuance of Permit No. 27490 to SMAST for the incidental take of
ESA-listed sea turtles and sturgeon associated with the otherwise
lawful fisheries survey activities within and adjacent to the
Massachusetts/Rhode Island Wind Energy Area. All comments received will
become part of the public record and will be available for review.
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 (16
U.S.C. 1532(19)). Section 10(a)(1)(B) of the ESA provides a mechanism
for authorizing incidental take of listed species. NMFS is authorized
to issue permits under section 10(a)(1)(B) of the ESA, in certain
circumstances, to take listed species incidental to, and not the
purpose of, otherwise lawful activities. NMFS regulations governing
permits for threatened and endangered species are promulgated at 50 CFR
222.307.
Species Covered in This Notice
The following species are included in the EA: the North Atlantic
distinct population segments (DPS) of green (Chelonia mydas), Kemp's
ridley (Lepidochelys kempii), and leatherback (Dermochelys coriacea)
sea turtles; the Northwest Atlantic Ocean DPS of loggerhead (Caretta
caretta) sea turtles; and the Gulf of Maine, New York Bight,
Chesapeake, Carolina, and South Atlantic DPSs of Atlantic sturgeon
(Acipenser oxyrinchus oxyrinchus).
Background
NMFS received a draft permit application and conservation plan from
SMAST on September 29, 2022. Based on our review of the draft
application, we requested further information and clarification. After
several draft submissions and reviews, on June 13, 2023, SMAST
submitted a complete revised application for the incidental take of
ESA-listed sea turtles and sturgeon. On July 6, 2023, we published a
notice of receipt (88 FR 43082) of application and conservation plan
from SMAST for an incidental take permit. In that notice, we made the
ITP application and associated conservation plan available for public
comment. During the comment period, we received two requests to extend
the public comment period. NMFS provided an additional 15-day public
comment period (88 FR 55668, August 16, 2023) to the comment period,
which closed on August 31, 2023. We received three comments on the
application and conservation plan, and responses to these comments are
available in the draft EA.
National Environmental Policy Act
This notice is provided pursuant to section 10(c) of the ESA and
the NEPA regulations (40 CFR 1506.6). The draft EA was prepared in
accordance with NEPA (42 U.S.C. 4321, et seq., 40 CFR 1500-1508) and
applicable NOAA policy and procedures (NOAA Administrative Order (NAO)
216-6A and the NOAA Companion Manual (CM) for the NAO 216-6A).
Alternatives Considered
NMFS' proposed action is issuance of an ITP to SMAST would
authorize take of threatened and endangered sea turtle and sturgeon
species associated with the otherwise lawful fisheries survey
activities within and adjacent to the Massachusetts/Rhode Island Wind
Energy Area and require implementation of a conservation plan, in
accordance with the requirements of the ESA. In preparing the draft EA,
NMFS considered the following two alternatives for the proposed action.
Alternative 1: No Action. In accordance with the CM for NAO 216-6A,
section 6.B.i, NMFS is defining the no action alternative as not
authorizing the requested incidental take of ESA-listed sea turtles and
sturgeon. This is consistent with our statutory obligation under
section 10(a)(1)(B) of the ESA to either: (1) deny the requested ITP or
(2) grant the requested ITP and prescribe mitigation, monitoring, and
reporting requirements. Under the no action alternative, NMFS would not
issue the ITP, in which case, we assume SMAST would either not complete
the fisheries surveys, or would use alternative methods to collect
fisheries information and the full suite of specific mitigation
measures, monitoring, reporting explained in the Conservation Plan
would not be implemented. The Council on Environmental Quality (CEQ)
regulations and the CM for NAO 216-6A require consideration and
analysis of a no action alternative for the purposes of presenting a
comparative analysis to the action alternatives. The no action
alternative, serves as a baseline against which the impacts of the
action alternatives will be compared and contrasted.
Alternative 2: Issue Permit as Requested in Application (Preferred
alternative): Under Alternative 2, an ITP would be issued to exempt
SMAST from the ESA prohibition on taking sturgeon and sea turtles
during operation of the otherwise lawful fisheries survey activities
within and adjacent to the Massachusetts/Rhode Island Wind Energy Area.
As required under section 10(a)(1)(B), the ITP would require SMAST to
operate as described in the application and conservation plan to avoid,
minimize, and mitigate take of ESA-listed sea turtles and sturgeon.
Final permit determinations will not be completed until after the
end of the 30-day comment period and will fully consider all public
comments received during the comment period. NMFS will publish a record
of its final action in the Federal Register.
Dated: January 2, 2025.
Lisa Manning,
Acting Chief, Endangered Species Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2025-00158 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-22-P
