[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Notices]
[Pages 13255-13256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5982]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU83
Endangered Species; File No. 15338
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; receipt of application.
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SUMMARY: Notice is hereby given that David N. Hata, Ph.D., Virginia
Polytechnic Institute and State University (Virginia Tech), has applied
in due form for a permit pursuant to the Endangered Species Act of
1973, as amended (ESA). The Permit application is for the incidental
take of ESA-listed sea turtles and shortnose sturgeon associated with
otherwise lawful research to assess horseshoe crab abundance from the
southern coast of Long Island, New York through the Eastern Shore,
Virginia, and in Delaware Bay. The duration of the proposed Permit is
10 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 April 19, 2010.
ADDRESSES: The application is available for download and review at
http://www.nmfs.noaa.gov/pr/permits/esa_review.htm, found 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: Marine Mammal and Sea Turtle
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2322;
fax (301)713-4060.
Written comments should be addressed to Sara McNulty, Marine Mammal
and Sea Turtle Conservation Division, NMFS Office of Protected
Resources, 1315 East-West Highway, Silver Spring, MD, 20910; or by fax
(301)713-4060, or by e-mail at: [email protected].
FOR FURTHER INFORMATION CONTACT: Sara McNulty (ph. 301-713-2322, fax
301-713-4060).
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit the ``taking'' of a species listed as endangered or
threatened. The term ``take'' is defined under the ESA 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.
Species Covered in This Notice
The following species are included in the conservation plan and
Permit application: Shortnose sturgeon (Acipenser brevirostrum),
loggerhead (Caretta caretta), green (Chelonia mydas), leatherback
(Dermochelys coriacea), hawksbill (Eretmochelys imbricata) and Kemp's
ridley (Lepidochelys kempii) sea turtles. In addition, Atlantic
sturgeon (Acipenser oxyrinchus), a candidate species for listing, may
be affected.
Background
NMFS received an application from Dr. Hata on August 26, 2009.
Based on
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a review of the application, NMFS determined that the application was
incomplete and requested further information. The applicant submitted a
revised application on January 19, 2010. The application is for
incidental take of ESA-listed species that may result from proposed
research. The proposed research activity will consist of annual
horseshoe crab abundance monitoring trawl surveys along the coastal
mid-Atlantic and Delaware Bay. The coastal mid-Atlantic survey will
consist of two regional surveys; (1) The Coastal Delaware Bay Area
survey, which extends from shore out 22.2 kilometers (12 nautical
miles), and from the Eastern Shore of Virginia (37[deg] 10' N) north to
Atlantic City, New Jersey (39[deg] 20' N), and (2) The New York Apex
survey, which extend from shore out 22.2 kilometers (12 nautical
miles), and from 39[deg] 20' N north along the New Jersey coast and
east along the southern coast of Long Island to Montauk Point, New York
(71[deg] 50' W). The Delaware Bay survey will be conducted in Delaware
and New Jersey state jurisdictional waters deeper than three meters (10
feet) in Delaware Bay west of the territorial sea demarcation line. The
annual trawl surveys will provide abundance, distribution and
demographic information in support of the horseshoe crab Fishery
Management Plan of the Atlantic States Marine Fisheries Commission.
Sampling will consist of approximately 27 days at sea annually, for a
total of 140 tows deploying flounder and whelk trawls intended to
capture horseshoe crabs for examination and enumeration. Tows will be
no longer than 15 minutes of bottom time and will be conducted at
night, when horseshoe crabs are more susceptible to the gear. However,
boat traffic and the presence of fixed fishing gear may restrict
sampling to daylight hours, depending on the location. The proposed
activity will be conducted in the fall, between early September and
mid-November. Turtle excluder devices will not be installed in the
trawl gear because these devices may hinder capture of horseshoe crabs.
Thus, it is anticipated that fish and sea turtles will be captured by
the unmodified gears.
The application anticipates that the coastal trawl survey effort
will annually capture 24 loggerhead, 21 Kemp's ridley, and 4 green sea
turtles, with up to one sea turtle mortality each year. Additionally,
the application anticipates 7 loggerhead, 6 Kemp's ridley, and 1 green
sea turtle will be captured in the Delaware Bay trawl survey, with no
mortalities expected. The tow times described in the application will
not exceed a 15 minute bottom time -- a submergence period that sea
turtles are able to survive. Thus, the mortality estimates are low.
Based on available data, the application does not anticipate the
capture of shortnose sturgeon in the coastal or Delaware Bay trawl
survey effort. The application anticipates the annual capture of 11
Atlantic sturgeon, in the coastal trawl survey effort and 9 Atlantic
sturgeon in the Delaware Bay trawl survey, with near 100% survival.
Conservation Plan
The conservation plan prepared by the applicant describes measures
designed to monitor, minimize, and mitigate the incidental takes of
ESA-listed sea turtles. The conservation plan includes limiting
sampling effort in areas and times where sea turtles are likely to be
present; avoiding coral and rock habitats associated with hawksbills
and areas of submerged aquatic vegetation associated with green
turtles; using minimal tow durations; avoiding areas of high fishing
vessel activity which may attract foraging sea turtles and may increase
the chance of multiple captures.
All activities will be conducted under the direct supervision of
scientific parties from Virginia Tech. Sampling will not be conducted
when sea turtles are observed in the area. If a sea turtle is captured,
all efforts will be made to release the turtle as quickly as possible
with minimal trauma. If necessary, resuscitation will be attempted as
proscribed by 50 CFR 223.206. Scientific parties will be familiarized
with resuscitation techniques prior to surveys, and a copy of the
resuscitation guidelines will be carried aboard the vessel during
survey activities. In the event resuscitation is unsuccessful, the sea
turtle will be transferred to the sea turtle stranding network of the
appropriate jurisdiction. Other monitoring or mitigation actions will
be undertaken as required.
The applicant considered and rejected three other alternatives, not
applying for a permit, conducting the research in an area where ESA-
listed species do not occur, or using different sampling gear when
developing their conservation plan.
This notice is provided pursuant to section 10(c) of the ESA and
the National Environmental Policy Act (NEPA) regulations (40 CFR
1506.6). NMFS will evaluate the application, associated documents, and
comments submitted thereon to determine whether the application meets
the requirements of the NEPA regulations and section 10(a) of the ESA.
If it is determined that the requirements are met, a permit will be
issued for incidental takes of ESA-listed sea turtles under the
jurisdiction of NMFS. The final NEPA and 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: March 11, 2010.
David Cottingham,
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-5982 Filed 3-18-10; 8:45 am]
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