83_FR_5274 83 FR 5249 - Endangered Species; File No. 21293

83 FR 5249 - Endangered Species; File No. 21293

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 25 (February 6, 2018)

Page Range5249-5249
FR Document2018-02320

Notice is hereby given that NMFS has issued a permit to Mr. Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), for the incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi), 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.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018)
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Page 5249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02320]


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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; issuance of permit.

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SUMMARY: Notice is hereby given that NMFS has issued a permit to Mr. 
Jack Rudloe, Gulf Specimen Marine Laboratories, Inc. (GSML), for the 
incidental take of Gulf sturgeon (Acipenser oxyrinchus desotoi), 
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.

ADDRESSES: The incidental take permit, final environmental assessment, 
and other related documents are available on the NMFS Office of 
Protected Resources website at http://www.nmfs.noaa.gov/pr/permits/esa_review.htm.

FOR FURTHER INFORMATION CONTACT: Sara Wissmann, phone: (301) 427-8402; 
email: [email protected].

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 closed on May 12, 2017. NMFS 
received three comments on the action, all were generally supportive of 
the issuance of the permit. Specific concerns were raised on duration 
of the permit and oversite of activities covered by the permit, which 
were address in the Environmental Assessment.
    On November 6, 2017, we published a notice of availability of the 
draft Environmental Assessment and requested review and comment in the 
Federal Register (82 FR 51398). The public comment period for the 
Environmental Assessment closed on December 6, 2017, and no comments 
were received. NMFS has issued the requested permit under the authority 
of the Endangered Species Act of 1973, as amended (ESA; 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).
    This permit authorizes the incidental take of up to a total of six 
sea turtles, all live, in any combination, of loggerhead, green, Kemp's 
ridley or leatherback sea turtles and up to six Gulf sturgeon, alive. 
If incidental captures reach the established level for either turtles 
or sturgeon, GSML must cease activities authorized under this ITP. Take 
must be incidental to otherwise lawful trawling activities described in 
the ITP application, and as conditioned in the permit. This ITP covers 
incidental take from date of issuance through December 11, 2035.
    The conservation plan prepared by GSML describes measures designed 
to minimize and mitigate the impacts of any incidental takes of ESA-
listed sea turtles and sturgeon. The main way that GSML will do this is 
by limiting tow times to 30 minutes. In the case of incidental capture 
this plan includes provisions to ensure that any captured sea turtles 
in need of resuscitation are provided such care, per NMFS guidelines. 
Additionally, any turtles needing medical attention or rehabilitation 
will be cared for by authorized persons and facilities. This permit 
also requires the applicant to follow specific handling procedures for 
Gulf sturgeon to minimize impacts to this species should an interaction 
occur. The conservation plan mitigates 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 entangled in fishing lines, nets, and trap ropes. If any of 
these sea turtles require care, GSML will transport them to a permitted 
sea turtle rehabilitation facility.

    Dated: February 1, 2018.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2018-02320 Filed 2-5-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices                                                  5249

                                               interested parties to research and                      SUPPLEMENTARY INFORMATION:       Section 9            captures reach the established level for
                                               prepare comments. Based on this                         of the ESA and Federal regulations                    either turtles or sturgeon, GSML must
                                               request, the comment period for                         prohibits the ‘taking’ of a species listed            cease activities authorized under this
                                               submission of comments and                              as endangered or threatened. The ESA                  ITP. Take must be incidental to
                                               information relevant to this 5-year                     defines ‘‘take’’ to mean harass, harm,                otherwise lawful trawling activities
                                               review is extended to April 6, 2018, as                 pursue, hunt, shoot, wound, kill, trap,               described in the ITP application, and as
                                               requested, to provide additional                        capture, or collect, or to attempt to                 conditioned in the permit. This ITP
                                               opportunity for public comment.                         engage in any such conduct. NMFS may                  covers incidental take from date of
                                                                                                       issue permits, under limited                          issuance through December 11, 2035.
                                               Correction of Address                                   circumstances to take listed species                     The conservation plan prepared by
                                                 The electronic link provided in the                   incidental to, and not the purpose of,                GSML describes measures designed to
                                               Federal Register (82 FR 57955) notice                   otherwise lawful activities. Section                  minimize and mitigate the impacts of
                                               for submission of comments via the                      10(a)(1)(B) of the ESA provides for                   any incidental takes of ESA-listed sea
                                               Federal eRulemaking Portal is not                       authorizing incidental take of listed                 turtles and sturgeon. The main way that
                                               correct. Thus, NMFS provides a new                      species. The regulations for issuing                  GSML will do this is by limiting tow
                                               electronic link (https://www.regulations.               incidental take permits for threatened                times to 30 minutes. In the case of
                                               gov/docket?D=NOAA-NMFS-2017-0137)                       and endangered species are                            incidental capture this plan includes
                                               in the address section above.                           promulgated at 50 CFR 222.307.                        provisions to ensure that any captured
                                                                                                          NMFS received a permit application                 sea turtles in need of resuscitation are
                                                  Authority: 16 U.S.C. 1531 et seq.
                                                                                                       from GSML on February 4, 2016. Based                  provided such care, per NMFS
                                                  Dated: February 1, 2018.                             on our review of the application, we                  guidelines. Additionally, any turtles
                                               Angela Somma,                                           requested further information and                     needing medical attention or
                                               Chief, Endangered Species Division, Office              clarification. On July 22, 2016, GSML                 rehabilitation will be cared for by
                                               of Protected Resources, National Marine                 submitted supplemental information to                 authorized persons and facilities. This
                                               Fisheries Service.                                      its application. NMFS and GSML held                   permit also requires the applicant to
                                               [FR Doc. 2018–02326 Filed 2–5–18; 8:45 am]              further discussions on amount and                     follow specific handling procedures for
                                               BILLING CODE 3510–22–P                                  extent of anticipated takes and                       Gulf sturgeon to minimize impacts to
                                                                                                       clarifications of gear type to be used. On            this species should an interaction occur.
                                                                                                       March 16, 2017, NMFS notified GSML                    The conservation plan mitigates the
                                               DEPARTMENT OF COMMERCE                                  of this approach, and GSML confirmed                  impacts of any incidental takes of ESA-
                                                                                                       the updated approach on March 21,                     listed sea turtles that are harmed due to
                                               National Oceanic and Atmospheric                        2017.
                                               Administration                                                                                                interactions with other fisheries in the
                                                                                                          On April 12, 2017, we published a                  area. Specifically, GSML will remove,
                                                                                                       notice of application receipt and                     taking into account any human safety
                                               RIN 0648–XF285                                          requested review and comment on the                   considerations, any turtles it encounters
                                                                                                       application and conservation plan in the              entangled in fishing lines, nets, and trap
                                               Endangered Species; File No. 21293                      Federal Register (82 FR 17638). The                   ropes. If any of these sea turtles require
                                               AGENCY:  National Marine Fisheries                      public comment period for the                         care, GSML will transport them to a
                                               Service (NMFS), National Oceanic and                    application and conservation plan                     permitted sea turtle rehabilitation
                                               Atmospheric Administration (NOAA),                      closed on May 12, 2017. NMFS received
                                                                                                                                                             facility.
                                               Commerce.                                               three comments on the action, all were
                                                                                                       generally supportive of the issuance of                 Dated: February 1, 2018.
                                               ACTION: Notice; issuance of permit.                     the permit. Specific concerns were                    Angela Somma,
                                               SUMMARY:   Notice is hereby given that                  raised on duration of the permit and                  Chief, Endangered Species Conservation
                                                                                                       oversite of activities covered by the                 Division, Office of Protected Resources,
                                               NMFS has issued a permit to Mr. Jack                                                                          National Marine Fisheries Service.
                                               Rudloe, Gulf Specimen Marine                            permit, which were address in the
                                               Laboratories, Inc. (GSML), for the                      Environmental Assessment.                             [FR Doc. 2018–02320 Filed 2–5–18; 8:45 am]
                                                                                                          On November 6, 2017, we published                  BILLING CODE 3510–22–P
                                               incidental take of Gulf sturgeon
                                                                                                       a notice of availability of the draft
                                               (Acipenser oxyrinchus desotoi),
                                                                                                       Environmental Assessment and
                                               loggerhead (Caretta caretta Northwest
                                                                                                       requested review and comment in the                   DEPARTMENT OF COMMERCE
                                               Atlantic Ocean Distinct Population
                                                                                                       Federal Register (82 FR 51398). The
                                               Segment), green (Chelonia mydas North                                                                         National Oceanic and Atmospheric
                                                                                                       public comment period for the
                                               Atlantic Distinct Population Segment),                                                                        Administration
                                                                                                       Environmental Assessment closed on
                                               Kemp’s ridley (Lepidochelys kempii)
                                                                                                       December 6, 2017, and no comments
                                               and leatherback sea turtles                                                                                   National Sea Grant Advisory Board
                                                                                                       were received. NMFS has issued the
                                               (Dermochelys coriacea) associated with                                                                        (NSGAB); Meeting: The National Sea
                                                                                                       requested permit under the authority of
                                               the otherwise lawful trawling activities                                                                      Grant Advisory Board Spring 2018
                                                                                                       the Endangered Species Act of 1973, as
                                               in Florida state waters of Bay, Gulf,                                                                         Meeting Will Be Held March 6–7, 2018.
                                                                                                       amended (ESA; 16 U.S.C. 1531 et seq.)
                                               Franklin, and Wakulla Counties.
                                                                                                       and the regulations governing the                     AGENCY: National Oceanic and
                                               ADDRESSES: The incidental take permit,                  taking, importing, and exporting of                   Atmospheric Administration (NOAA),
                                               final environmental assessment, and                     endangered and threatened species (50                 Department of Commerce (DOC).
daltland on DSKBBV9HB2PROD with NOTICES




                                               other related documents are available on                CFR parts 222–226).                                   ACTION: Notice of public meeting.
                                               the NMFS Office of Protected Resources                     This permit authorizes the incidental
                                               website at http://www.nmfs.noaa.gov/                    take of up to a total of six sea turtles,             SUMMARY:  This notice sets forth the
                                               pr/permits/esa_review.htm.                              all live, in any combination, of                      schedule and proposed agenda of a
                                               FOR FURTHER INFORMATION CONTACT: Sara                   loggerhead, green, Kemp’s ridley or                   forthcoming meeting of the NSGAB.
                                               Wissmann, phone: (301) 427–8402;                        leatherback sea turtles and up to six                 NSGAB members will discuss and
                                               email: Sara.Wissmann@noaa.gov.                          Gulf sturgeon, alive. If incidental                   provide advice on the National Sea


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Document Created: 2018-02-06 00:30:46
Document Modified: 2018-02-06 00:30:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of permit.
ContactSara Wissmann, phone: (301) 427-8402; email: [email protected]
FR Citation83 FR 5249 
RIN Number0648-XF28

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