82 FR 51398 - Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 21293
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 213 (November 6, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51398-51399 | |
| FR Document | 2017-24115 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Notices] [Pages 51398-51399] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24115] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF751 Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 21293 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of 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. 21293) to Mr. Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), pursuant to the Endangered Species Act of 1973, as amended (ESA). 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. 21293 to GSML for the incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi) or loggerhead (Caretta caretta Northwest Atlantic Ocean Distinct Population Segment), green (Chelonia mydas North Atlantic Distinct Population Segment), Kemp's ridley (Lepidochelys kempii) and leatherback sea turtles (Dermochelys coriacea) associated with the otherwise lawful trawling activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine organisms for the purpose of supplying entities conducting scientific research and educational activities. 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 the internet at www.nmfs.noaa.gov/pr/permits/esa_review.htm. DATES: Written comments must be received at the appropriate address or fax number (see ADDRESSES) on or before December 6, 2017. ADDRESSES: The EA 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 13535, Silver Spring, MD 20910; phone (301)427-8403; fax (301)713-4060. You may submit comments, identified by ``NOAA-NMFS-2017-0132'', 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-2017-0132 click the ``Comment Now'' icon, complete the required fields, and enter or attach your comments. Fax: (301) 427-8403; Attn: Ron Dean or Angela Somma. 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 Angela Somma. 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 [[Page 51399]] anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Ron Dean or Angela Somma, (301) 427- 8403. SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations prohibits the `taking' of a species listed as endangered or threatened. The ESA defines ``take'' to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. NMFS may issue permits, under limited circumstances to take listed species incidental to, and not the purpose of, otherwise lawful activities. Section 10(a)(1)(B) of the ESA provides for authorizing incidental take of listed species. The regulations for issuing incidental take permits for threatened and endangered species are promulgated at 50 CFR 222.307. NMFS received a permit application from GSML on February 4, 2016. Based on our review of the application, we requested further information and clarification. On July 22, 2016, GSML submitted supplemental information to its application. NMFS and GSML held further discussions on amount and extent of anticipated takes and clarifications of gear type to be used. On March 16, 2017, NMFS notified GSML of this approach, and GSML confirmed the updated approach on March 21, 2017. On April 12, 2017, we published a notice of application receipt and requested review and comment on the application and conservation plan in the Federal Register (82 FR 17638). The public comment period for the application and conservation plan ended May 12, 2017. Through this notice, we are making the Draft EA available for comment and review. The EA analyzes the effects to the human and natural environment caused by the issuance of ITP No. 21293 to GSML for the incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi) and loggerhead (Caretta caretta Northwest Atlantic Ocean Distinct Population Segment), green (Chelonia mydas North Atlantic Distinct Population Segment), Kemp's ridley (Lepidochelys kempii) and leatherback sea turtles (Dermochelys coriacea) associated with the otherwise lawful trawling activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine organisms for the purpose of supplying entities conducting scientific research and educational activities. As required by regulations implementing section 10(a)(1)(B) of the ESA, the conservation plan must specify, based on the best scientific and commercial data available: The impact which will likely result from the taking; How the applicant will minimize and mitigate those impacts, and the funding available to implement; What alternative actions the applicant considered, and why those actions are not being pursued; Other measures the Secretary of Commerce may require; and All sources of data relied on in preparing the plan. The conservation plan prepared by GSML describes measures designed to monitor, minimize, and mitigate the incidental take of ESA-listed species. Alternatives Considered In preparing the Draft EA, NMFS considered the following 2 alternatives for the action: Alternative 1--No Action. Under the No Action alternative no ITP would be issued for the incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi), or loggerhead (Caretta caretta Northwest Atlantic Ocean Distinct Population Segment), green (Chelonia mydas North Atlantic Distinct Population Segment), Kemp's ridley (Lepidochelys kempii) and leatherback sea turtles (Dermochelys coriacea) associated with the otherwise lawful trawling activities in Florida state waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine organisms for the purpose of supplying entities conducting scientific research and educational activities. GSML would not receive an exemption from the ESA prohibitions against take. Alternative 2--(Proposed) Issue ITP as Requested in Application. Under Alternative 2, an ITP would be issued to exempt GSML from the ESA prohibition on taking ESA listed species. The Draft EA presents the scientific and analytic basis for comparison of the direct, indirect, and cumulative effects of the alternatives. Regulations for implementing NEPA (42 U.S.C. 4331 et seq.) require considerations of both the context and intensity of a proposed action (40 CFR 1508.27). This alternative would eliminate the possible risk to sea turtles, Gulf sturgeon, and benthic habitat associated with the trawling activity. However, it would not allow GSML to conduct its trawling, which would affect its non-profit activities. GSML is engaged in marine education, research, and coastal conservation. Since NMFS has concluded, in its biological opinion, pursuant to section 7(b) of the ESA, that ITP No. 21293, as proposed, is not likely to jeopardize the continued existence of the leatherback, loggerhead, green, Kemp's ridley turtles and Gulf sturgeon and is not likely to destroy or adversely modify designated critical habitat, it would be difficult to justify denial of the permit. Social and Economic Impacts NMFS would not issue an ITP under the No Action Alternative (Alternative 1). Because no incidental take permit would be issued, GSML would not receive an exemption from the ESA prohibitions against take; therefore, any incidental takes of ESA listed species under NMFS' jurisdiction would not be exempted. Because this alternative would affect GSML's ability to engage in marine education, research, and coastal conservation, the No Action Alternative would have more of a socio-economic impact than the other alternative. The issuance of the Permit as Requested in the Application (Alternative 2 Proposed Action) would allow GSML to continue to engage in marine education, research, and coastal conservation. This would result in less socio-economic costs than the No Action alternative (Alternative 1). Next Steps This notice is provided pursuant to section 10(c) of the ESA. The application, supporting documents, public comments, and views already received by the agency, as well as those submitted in response to this notice, will be fully considered and evaluated as we prepare the final EA and determine whether to issue a Finding of No Significant Impact. The final NEPA document and ITP determinations will not be completed until after the 30-day comment period ends. NMFS will publish a record of its final action in the Federal Register. We will also make any final NEPA documents available to the public. Dated: October 27, 2017. Angela Somma, Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2017-24115 Filed 11-3-17; 8:45 am] BILLING CODE 3510-22-P
![51398 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
NMFS.Pr1Comments@noaa.gov. Please U.S.C. 4321 et seq.), an initial purpose of supplying entities
include the File No. 20626 in the subject determination has been made that the conducting scientific research and
line of the email comment. activity proposed is categorically educational activities. All comments
Those individuals requesting a public excluded from the requirement to received will become part of the public
hearing should submit a written request prepare an environmental assessment or record and will be available for review.
to the Chief, Permits and Conservation environmental impact statement. An electronic copy of the revised
Division at the address listed above. The Concurrent with the publication of application and proposed conservation
request should set forth the specific this notice in the Federal Register, plan may be obtained by contacting
reasons why a hearing on this NMFS is forwarding copies of the NMFS Office of Protected Resources
application would be appropriate. application to the Marine Mammal (see FOR FURTHER INFORMATION CONTACT)
FOR FURTHER INFORMATION CONTACT: Commission and its Committee of or visiting the internet at
Carrie Hubard or Shasta McClenahan, Scientific Advisors. www.nmfs.noaa.gov/pr/permits/esa_
(301) 427–8401. Dated: October 31, 2017. review.htm.
SUPPLEMENTARY INFORMATION: The Julia Harrison, DATES: Written comments must be
subject permit is requested under the Chief, Permits and Conservation Division, received at the appropriate address or
authority of the Marine Mammal Office of Protected Resources, National fax number (see ADDRESSES) on or before
Protection Act of 1972, as amended Marine Fisheries Service. December 6, 2017.
(MMPA; 16 U.S.C. 1361 et seq.), the [FR Doc. 2017–24029 Filed 11–3–17; 8:45 am] ADDRESSES: The EA is available for
regulations governing the taking and BILLING CODE 3510–22–P download and review at http://
importing of marine mammals (50 CFR www.nmfs.noaa.gov/pr/permits/esa_
part 216), the Endangered Species Act of review.htm under the section heading
1973, as amended (ESA; 16 U.S.C. 1531 DEPARTMENT OF COMMERCE ESA Section 10(a)(1)(B) Permits and
et seq.), and the regulations governing Applications. The application is also
National Oceanic and Atmospheric
the taking, importing, and exporting of available upon written request or by
Administration
endangered and threatened species (50 appointment in the following office:
CFR 222–226). RIN 0648–XF751 Endangered Species Conservation
The applicant requests a five-year Division, Office of Protected Resources,
permit to conduct aerial and vessel Notice of Availability of Draft
NMFS, 1315 East-West Highway, Room
surveys for North Atlantic right whales Environmental Assessment on the
13535, Silver Spring, MD 20910; phone
(NARW) off South Carolina, Georgia, Effects of Issuing an Incidental Take
(301)427–8403; fax (301)713–4060.
and Florida. The primary study area is Permit No. 21293 You may submit comments, identified
in Florida from St. Augustine to AGENCY: National Marine Fisheries by ‘‘NOAA–NMFS–2017–0132’’, by any
Canaveral National Seashore. Research Service (NMFS), National Oceanic and of the following methods:
would mainly occur in coastal waters. Atmospheric Administration (NOAA), • Electronic Submissions: Submit all
Survey platforms include boats, Commerce. electronic public comments via the
airplanes, aerostats, blimps, and ACTION: Notice of availability of a Draft Federal eRulemaking Portal. Go to
unmanned aircraft systems. Up to 160 Environmental Assessment; request for www.regulations.gov/
NARW could be approached annually comments. #!docketDetail;D=NOAA-NMFS-2017-
(100 via aerial surveys, 60 via vessel 0132 click the ‘‘Comment Now’’ icon,
surveys) for behavioral observations, SUMMARY: NMFS announces the complete the required fields, and enter
photo-identification, counts, and availability of the ‘‘Draft Environmental or attach your comments.
passive acoustic recordings. Up to 10 Assessment (EA) on the Effects of • Fax: (301) 427–8403; Attn: Ron
humpback whales may be encountered Issuing an Incidental Take Permit (ITP) Dean or Angela Somma.
annually and would be studied in the (No. 21293) to Mr. Jack Rudloe, Gulf • Mail: Submit written comments to
same manner as NARW. Bottlenose Specimen Marine Laboratories, Inc. Endangered Species Conservation
(Tursiops truncatus) and Atlantic (GSML), pursuant to the Endangered Division, Office of Protected Resources,
spotted (Stenella frontalis) dolphins and Species Act of 1973, as amended (ESA). NMFS, 1315 East-West Highway, Room
minke (Balaenoptera acutorostrata) and Publication of this notice begins the 13535, Silver Spring, MD 20910; Attn:
fin (B. physalus) whales may be official public comment period for this Ron Dean or Angela Somma.
incidentally harassed. The objectives of draft EA. Per the National Instructions: You must submit
the research are to: (1) Improve Environmental Policy Act (NEPA), the comments by one of the above methods
knowledge of NARW habitat utilization; purpose of the draft EA is to evaluate to ensure that we receive, document,
(2) help monitor annual reproductive the potential direct, indirect, and and consider them. Comments sent by
success; (3) develop and implement cumulative impacts caused by the any other method, to any other address
programs for population monitoring in issuance of Permit No. 21293 to GSML or individual, or received after the end
the portion of the NARW critical habitat for the incidental take of Gulf sturgeon of the comment period may not be
between St. Augustine, Florida and (Acipenser oxyrinchus desotoi) or considered. All comments received are
Canaveral National Seashore; (4) assist loggerhead (Caretta caretta Northwest a part of the public record and will
in both pre- and post-tag observations Atlantic Ocean Distinct Population generally be posted for public viewing
(e.g., documentation of post-tag healing Segment), green (Chelonia mydas North on http://www.regulations.gov without
Pmangrum on DSK3GDR082PROD with NOTICES
and tag retention) of whales tagged by Atlantic Distinct Population Segment), change. All personal identifying
other permit holders; (5) contribute to Kemp’s ridley (Lepidochelys kempii) information (e.g., name, address, etc.)
the NARW photo-identification catalog; and leatherback sea turtles confidential business information, or
and (6) contribute data on the co- (Dermochelys coriacea) associated with otherwise sensitive information
occurrence of NARW and human the otherwise lawful trawling activities submitted voluntarily by the sender will
activities. in Florida state waters of Bay, Gulf, be publicly accessible. We will accept
In compliance with the National Franklin, and Wakulla Counties to anonymous comments (enter ‘‘N/A’’ in
Environmental Policy Act of 1969 (42 harvest marine organisms for the the required fields if you wish to remain
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 51399
anonymous). Attachments to electronic 10(a)(1)(B) of the ESA, the conservation ITP No. 21293, as proposed, is not likely
comments will be accepted in Microsoft plan must specify, based on the best to jeopardize the continued existence of
Word, Excel, or Adobe PDF file formats scientific and commercial data the leatherback, loggerhead, green,
only. available: Kemp’s ridley turtles and Gulf sturgeon
FOR FURTHER INFORMATION CONTACT: Ron • The impact which will likely result and is not likely to destroy or adversely
Dean or Angela Somma, (301) 427–8403. from the taking; modify designated critical habitat, it
• How the applicant will minimize would be difficult to justify denial of the
SUPPLEMENTARY INFORMATION: Section 9
and mitigate those impacts, and the permit.
of the ESA and Federal regulations
funding available to implement;
prohibits the ‘taking’ of a species listed
• What alternative actions the Social and Economic Impacts
as endangered or threatened. The ESA
applicant considered, and why those
defines ‘‘take’’ to mean harass, harm, NMFS would not issue an ITP under
actions are not being pursued;
pursue, hunt, shoot, wound, kill, trap, • Other measures the Secretary of the No Action Alternative (Alternative
capture, or collect, or to attempt to Commerce may require; and 1). Because no incidental take permit
engage in any such conduct. NMFS may • All sources of data relied on in would be issued, GSML would not
issue permits, under limited preparing the plan. receive an exemption from the ESA
circumstances to take listed species The conservation plan prepared by prohibitions against take; therefore, any
incidental to, and not the purpose of, GSML describes measures designed to incidental takes of ESA listed species
otherwise lawful activities. Section monitor, minimize, and mitigate the under NMFS’ jurisdiction would not be
10(a)(1)(B) of the ESA provides for incidental take of ESA-listed species.
authorizing incidental take of listed exempted. Because this alternative
species. The regulations for issuing Alternatives Considered would affect GSML’s ability to engage in
incidental take permits for threatened In preparing the Draft EA, NMFS marine education, research, and coastal
and endangered species are considered the following 2 alternatives conservation, the No Action Alternative
promulgated at 50 CFR 222.307. for the action: would have more of a socio-economic
NMFS received a permit application Alternative 1—No Action. Under the impact than the other alternative.
from GSML on February 4, 2016. Based No Action alternative no ITP would be The issuance of the Permit as
on our review of the application, we issued for the incidental take of Gulf Requested in the Application
requested further information and sturgeon (Acipenser oxyrinchus (Alternative 2 Proposed Action) would
clarification. On July 22, 2016, GSML desotoi), or loggerhead (Caretta caretta allow GSML to continue to engage in
submitted supplemental information to Northwest Atlantic Ocean Distinct marine education, research, and coastal
its application. NMFS and GSML held Population Segment), green (Chelonia conservation. This would result in less
further discussions on amount and mydas North Atlantic Distinct socio-economic costs than the No
extent of anticipated takes and Population Segment), Kemp’s ridley Action alternative (Alternative 1).
clarifications of gear type to be used. On (Lepidochelys kempii) and leatherback
March 16, 2017, NMFS notified GSML sea turtles (Dermochelys coriacea) Next Steps
of this approach, and GSML confirmed associated with the otherwise lawful
the updated approach on March 21, trawling activities in Florida state This notice is provided pursuant to
2017. waters of Bay, Gulf, Franklin, and section 10(c) of the ESA. The
On April 12, 2017, we published a Wakulla Counties to harvest marine application, supporting documents,
notice of application receipt and organisms for the purpose of supplying public comments, and views already
requested review and comment on the entities conducting scientific research received by the agency, as well as those
application and conservation plan in the and educational activities. GSML would submitted in response to this notice,
Federal Register (82 FR 17638). The not receive an exemption from the ESA will be fully considered and evaluated
public comment period for the prohibitions against take. as we prepare the final EA and
application and conservation plan Alternative 2—(Proposed) Issue ITP as determine whether to issue a Finding of
ended May 12, 2017. Requested in Application. Under No Significant Impact. The final NEPA
Through this notice, we are making Alternative 2, an ITP would be issued to document and ITP determinations will
the Draft EA available for comment and exempt GSML from the ESA prohibition not be completed until after the 30-day
review. The EA analyzes the effects to on taking ESA listed species. comment period ends. NMFS will
the human and natural environment The Draft EA presents the scientific publish a record of its final action in the
caused by the issuance of ITP No. 21293 and analytic basis for comparison of the Federal Register. We will also make any
to GSML for the incidental take of Gulf direct, indirect, and cumulative effects final NEPA documents available to the
sturgeon (Acipenser oxyrinchus desotoi) of the alternatives. Regulations for public.
and loggerhead (Caretta caretta implementing NEPA (42 U.S.C. 4331 et
Northwest Atlantic Ocean Distinct seq.) require considerations of both the Dated: October 27, 2017.
Population Segment), green (Chelonia context and intensity of a proposed Angela Somma,
mydas North Atlantic Distinct action (40 CFR 1508.27). This Chief, Endangered Species Conservation
Population Segment), Kemp’s ridley alternative would eliminate the possible Division, Office of Protected Resources,
(Lepidochelys kempii) and leatherback risk to sea turtles, Gulf sturgeon, and National Marine Fisheries Service.
sea turtles (Dermochelys coriacea) benthic habitat associated with the [FR Doc. 2017–24115 Filed 11–3–17; 8:45 am]
Pmangrum on DSK3GDR082PROD with NOTICES
associated with the otherwise lawful trawling activity. However, it would not BILLING CODE 3510–22–P
trawling activities in Florida state allow GSML to conduct its trawling,
waters of Bay, Gulf, Franklin, and which would affect its non-profit
Wakulla Counties to harvest marine activities. GSML is engaged in marine
organisms for the purpose of supplying education, research, and coastal
entities conducting scientific research conservation. Since NMFS has
and educational activities. As required concluded, in its biological opinion,
by regulations implementing section pursuant to section 7(b) of the ESA, that
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Document Created: 2017-11-07 10:30:22
Document Modified: 2017-11-07 10:30:22
| 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 of availability of a Draft Environmental Assessment; request for comments. | |
| Contact | Ron Dean or Angela Somma, (301) 427- 8403. | |
| FR Citation | 82 FR 51398 | |
| RIN Number | 0648-XF75 |
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