82 FR 17638 - Endangered Species; File No. 21293

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range		17638-17639
FR Document		2017-07410

Notice is hereby given that NMFS has received an application for an incidental take permit (permit) from Mr. Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, GSML's application includes a conservation plan designed to minimize and mitigate the impacts of any take of endangered or threatened species. The permit application is for the incidental take of ESA-listed adult and juvenile sea turtles associated with otherwise lawful trawling activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine organisms for the purpose of supplying entities conducting scientific research and educational activities. The duration of the proposed permit is for 18 years. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on this document. All comments received will become part of the public record and will be available for review.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17638-17639]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-07410]

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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; receipt of application.

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SUMMARY: Notice is hereby given that NMFS has received an application
for an incidental take permit (permit) from Mr. Jack Rudloe, Gulf
Specimen Marine Laboratories, Inc. (GSML), pursuant to the Endangered
Species Act of 1973, as amended (ESA). As required by the ESA, GSML's
application includes a conservation plan designed to minimize and
mitigate the impacts of any take of endangered or threatened species.
The permit application is for the incidental take of ESA-listed adult
and juvenile sea turtles associated with otherwise lawful trawling
activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla
Counties to harvest marine organisms for the purpose of supplying
entities conducting scientific research and educational activities. The
duration of the proposed permit is for 18 years. NMFS is furnishing
this notice in order to allow other agencies and the public an
opportunity to review and comment on this document. All comments
received will become part of the public record and will be available
for review.

DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before May 12, 2017.

ADDRESSES: The application is available for download and review at
http://www.nmfs.noaa.gov/pr/permits/esa_review.htm under the section
heading ESA Section 10(a)(1)(B) Permits and Applications. The
application is also available upon written request or by appointment in
the following office: Endangered Species Conservation Division, Office
of Protected Resources, NMFS, 1315 East-West Highway, Room 13752,
Silver Spring, MD 20910; phone (301) 427-8403; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2017-0035, 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-2017-0035 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Ron Dean or Lisa Manning.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13535, Silver Spring, MD 20910; Attn: Ron Dean or
Lisa Manning.
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 http://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: Ron Dean or Lisa Manning, (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 for
authorizing incidental take of listed species. NMFS regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.

Background

Pursuant to the ESA, GSML has submitted an application to NMFS for
the incidental take of ESA-listed adult and juvenile sea turtles
associated with otherwise lawful trawling activities in Florida state
waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine
organisms for the purpose of supplying entities conducting scientific
research and educational activities. The species identified in the
application were: Loggerhead (Caretta caretta Northwest Atlantic Ocean
Distinct Population Segment), green (Chelonia mydas North Atlantic
Distinct Population Segment), and Kemp's ridley (Lepidochelys kempii)
sea turtles.
NMFS received a draft 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. During these discussions, NMFS
determined that leatherback sea turtles (Dermochelys coriacea) and Gulf
sturgeon (Acipenser oxyrinchus desotoi) also occur in the action area
specified in the permit application. Thus, NMFS included these species
in its analysis of the permit application. On March 16, 2017, NMFS
notified GSML of this approach, and GSML confirmed the updated approach
on March 21, 2017.
The duration of the proposed permit is 18 years. GSML uses small
trawls (under 500 square feet) without Turtle Excluder Devices (TEDs)
and trawl times are less than thirty minutes in duration. Turtle
Excluder Devices often expel the desired stingrays, electric rays,
horseshoe crabs and other benthic invertebrates and fish that are
required for the laboratory's ongoing operations, and are not practical
in the collection of these specimens.
A take of one turtle and one gulf sturgeon every three years is
anticipated, given the nature of the activities and the location of the
species in the area where the activities will occur. No mortalities or
injury are expected should this take occur. As data are gathered
through monitoring, NMFS will amend the permit to reflect any changes
in the take estimate, if appropriate.

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 GSML describes measures designed to minimize and
mitigate the impacts of any incidental takes of ESA-listed sea turtles.
It includes provisions to ensure that any captured sea turtles in need
of resuscitation are provided such care, per NMFS guidelines.
Additionally, any animals needing medical attention or

[[Page 17639]]

rehabilitation will be cared for by authorized persons and facilities.
The conservation plan will mitigate 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 ensnared in fishing lines, nets, and trap ropes. If any of
these sea turtles require care, GSML will transport them to a
rehabilitation facility.
The applicant's conservation plan did not include procedures for
handling Gulf sturgeon. However, the applicant will follow specific
handling procedures for Gulf sturgeon to minimize impacts to this
species in the unlikely event an interaction should occur.
This conservation plan will be funded through GSML revenues derived
from the sale of the marine fish, invertebrates, and algae collected
via trawling; donations from membership in its aquarium; and grants and
contracts.
GSML considered and rejected two other alternatives: (1) Reduced
trawl times; and (2) alternative methods. GSML cannot practicably
further reduce the trawl times or employ alternative methodologies.

National Environmental Policy Act

This notice is provided pursuant to section 10(c) of the ESA and
the National Environmental Policy Act regulations (40 CFR 1506.6). NMFS
will evaluate the application, associated documents, and submitted
comments to determine whether the application meets the requirements of
the ESA Section 10(a)(1)(B) permitting process. If it is determined
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed sea turtles and Gulf sturgeon under the
jurisdiction of NMFS.
The 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: April 7, 2017.
Angela Somma,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2017-07410 Filed 4-11-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17639

rehabilitation will be cared for by DEPARTMENT OF COMMERCE II. Method of Collection
authorized persons and facilities. A mail survey will be used as was
National Oceanic and Atmospheric done in 2010–2011 using self-addressed,
The conservation plan will mitigate
Administration postage paid mailback questionnaires.
the impacts of any incidental takes of
ESA-listed sea turtles that are harmed Proposed Information Collection; III. Data
due to interactions with other fisheries Comment Request; Knowledge,
in the area. Specifically, GSML will OMB Control Number: 0648–XXXX.
Attitudes and Perceptions of the Form Number: None.
remove, taking into account any human Management Strategies and Type of Review: Regular
safety considerations, any turtles it Regulations of the Grays Reef National (reinstatement with changes).
encounters ensnared in fishing lines, Marine Sanctuary Affected Public: Individuals or
nets, and trap ropes. If any of these sea households.
turtles require care, GSML will transport AGENCY: National Oceanic and
Estimated Number of Respondents:
them to a rehabilitation facility. Atmospheric Administration (NOAA),
300.
Commerce. Estimated Time per Response: 30
The applicant’s conservation plan did
not include procedures for handling ACTION: Notice. minutes per individual.
Gulf sturgeon. However, the applicant Estimated Total Annual Burden
SUMMARY: The Department of Hours: 150.
will follow specific handling procedures
Commerce, as part of its continuing Estimated Total Annual Cost to
for Gulf sturgeon to minimize impacts to effort to reduce paperwork and Public: $0 in recordkeeping/reporting
this species in the unlikely event an respondent burden, invites the general costs.
interaction should occur. public and other Federal agencies to
This conservation plan will be funded take this opportunity to comment on IV. Request for Comments
through GSML revenues derived from proposed and/or continuing information Comments are invited on: (a) Whether
the sale of the marine fish, invertebrates, collections, as required by the the proposed collection of information
and algae collected via trawling; Paperwork Reduction Act of 1995. is necessary for the proper performance
donations from membership in its DATES: Written comments must be of the functions of the agency, including
aquarium; and grants and contracts. submitted on or before June 12, 2017. whether the information shall have
practical utility; (b) the accuracy of the
GSML considered and rejected two ADDRESSES: Direct all written comments agency’s estimate of the burden
other alternatives: (1) Reduced trawl to Jennifer Jessup, Departmental (including hours and cost) of the
times; and (2) alternative methods. Paperwork Clearance Officer, proposed collection of information; (c)
GSML cannot practicably further reduce Department of Commerce, Room 6616, ways to enhance the quality, utility, and
the trawl times or employ alternative 14th and Constitution Avenue NW., clarity of the information to be
methodologies. Washington, DC 20230 (or via the collected; and (d) ways to minimize the
Internet at pracomments@doc.gov). burden of the collection of information
National Environmental Policy Act
FOR FURTHER INFORMATION CONTACT: on respondents, including through the
This notice is provided pursuant to Requests for additional information or use of automated collection techniques
section 10(c) of the ESA and the copies of the information collection or other forms of information
National Environmental Policy Act instrument and instructions should be technology.
regulations (40 CFR 1506.6). NMFS will directed to Dr. Vernon R. (Bob) Comments submitted in response to
evaluate the application, associated Leeworthy, (240) 533–0647 or this notice will be summarized and/or
documents, and submitted comments to Bob.Leeworthy@noaa.gov. included in the request for OMB
determine whether the application SUPPLEMENTARY INFORMATION:
approval of this information collection;
meets the requirements of the ESA they also will become a matter of public
I. Abstract record.
Section 10(a)(1)(B) permitting process. If
it is determined that the requirements This request is for a reinstatement, Sarah Brabson,
are met, a permit will be issued for with changes, of a previous information NOAA PRA Clearance Officer.
incidental takes of ESA-listed sea turtles collection. [FR Doc. 2017–07282 Filed 4–11–17; 8:45 am]
and Gulf sturgeon under the jurisdiction NOAA, through its National Ocean BILLING CODE 3510–NK–P
of NMFS. Service, Office of National Marine
The final permit determinations will Sanctuaries, is replicating a study done
not be completed until after the end of in 2010–2011 on users and non-users of DEPARTMENT OF COMMERCE
the 30-day comment period and will Gray’s Reef National Marine Sanctuary
(GRNMS) off the coast of Georgia. The National Oceanic and Atmospheric
fully consider all public comments Administration
study will support analysis of its current
received during the comment period.
regulations to support management plan
NMFS will publish a record of its final Evaluations of National Estuarine
revision, which could include changes
action in the Federal Register. in regulations. The study will collect Research Reserves
Dated: April 7, 2017. information to assess recreational uses AGENCY: Office for Coastal Management
Angela Somma, of GRNMS and surrounding areas off the (OCM), National Ocean Service (NOS),
mstockstill on DSK30JT082PROD with NOTICES

Acting Deputy Director, Office of Protected coast of Georgia, demographic profiles, National Oceanic and Atmospheric
Resources, National Marine Fisheries Service. and attitudes on GRNMS current Administration (NOAA), Department of
[FR Doc. 2017–07410 Filed 4–11–17; 8:45 am] regulations, especially the research only Commerce (DOC).
area, which displaced recreational ACTION: Notice.
BILLING CODE 3510–22–P
fishing. In addition, user perceptions of
the conditions of GRNMS natural SUMMARY:The National Oceanic and
resources/environment will be obtained. Atmospheric Administration (NOAA),

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Document Created: 2017-04-12 00:22:55
Document Modified: 2017-04-12 00:22:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; receipt of application.
Contact		Ron Dean or Lisa Manning, (301) 427- 8403.
FR Citation		82 FR 17638
RIN Number		0648-XF28

82 FR 17638 - Endangered Species; File No. 21293

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration