[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Notices]
[Pages 47715-47716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19588]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072100B]


Availability of a Draft Environmental Assessment and Receipt of 
an Application for an Incidental Take Permit (1259)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of availability and request for comment.

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SUMMARY: This notice advises the public that the North Carolina 
Division of Marine Fisheries (NCDMF) has submitted an application to 
NMFS for an incidental take permit (Permit) pursuant to the Endangered 
Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF's 
application includes a draft conservation plan (Plan) designed to 
minimize and mitigate any such take of endangered or threatened 
species. The Permit application is for the incidental take of listed 
adult and juvenile sea turtles associated with otherwise lawful 
commercial fall gillnet fisheries for flounder in the southeastern 
portion of Pamlico Sound in the state of North Carolina. The duration 
of the proposed Permit is for 1 year. NMFS also announces the 
availability of a draft Environmental Assessment (EA) for the Permit 
application. NMFS is furnishing this notice in order to allow other 
agencies and the public an opportunity to review and comment on these 
documents. NMFS has not made a determination on the adequacy of the 
application and seeks comments particularly in regard to the details of 
the application and Plan, the level of incidental take, the description 
of management measures and the relationship of those measures to the 
trigger conditions identified in the application, the monitoring 
requirements (including observer provisions, and funding of the Plan), 
and the linkage of the Plan to current and future program management. 
All comments received will become part of the public record and will be 
available for review pursuant to the ESA.

DATES: Written comments from interested parties on the Permit 
application, Plan, and draft EA must be received at the appropriate 
address or fax number (see ADDRESSES) no later than 5 p.m. Eastern 
daylight time on September 5, 2000.

ADDRESSES: Written comments on this action and requests for copies of 
the Permit application, Plan, and draft EA (these documents are also 
posted on the internet at (http://www.nmfs.noaa.gov/prot_res/permits/esapermit.html) should be addressed to the Chief, Endangered Species 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Comments may also be sent via fax to 301-713-
0376. Comments will not be accepted if submitted via e-mail or the 
Internet.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz (ph. 727-570-5312, 
fax 727-570-5517), or Barbara A. Schroeder (ph. 301-713-1401, fax 301-
713-0376). The Comments received will also be available for public 
inspection, by appointment, during normal business hours by calling 
301-713-1401.

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. The term ``harm'' includes 
significant habitat modification or degradation where it actually kills 
or injures fish or wildlife by significantly impairing essential 
behavioral patterns, including breeding, spawning, rearing, feeding, 
and sheltering. 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 Plan and Permit 
application: Loggerhead (Caretta caretta), green (Chelonia mydas), 
leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), 
and Kemp's ridley (Lepidochelys kempii) turtles.

Background

    On June 21, 2000, NCDMF submitted an application to NMFS for a 
section 10(a)(1)(B) permit for the incidental take of listed sea 
turtles associated with commercial fall gillnet fisheries for flounder 
in the southeastern portion of Pamlico Sound. NCDMF's application is 
for the incidental take of endangered Kemp's ridley, leatherback, and 
hawksbill turtles and the threatened green and loggerhead turtles. The 
commercial fall gillnet fishery targets southern flounder. 
Implementation of the Plan will allow for the continued commercial 
harvest of this species which is estimated to have a value of over one 
million dollars per year and supports fishermen and the local economy.

Conservation Plan

    The draft Plan prepared by NCDMF describes measures designed to 
monitor, minimize, and mitigate the incidental takes of listed turtles, 
focusing on the following fishery:

Fall Gillnet Flounder Fishery

    The fishery is scheduled to occur from September 15 through 
December 15, 2000 in Pamlico Sound predominantly in an area lying south 
of a line running westerly from a point on Hatteras Island, Dare County 
(35 deg. 23' 00'' N.--75 deg. 30' 00'' W.) through the Avon Channel 
Entrance Beacon No. 1 (35 deg. 23' 00'' N.--75 deg. 33' 38'' W.) thence 
westerly to Bensons Point (35 deg. 23' 00'' N.--76 deg. 03' 42'' W.) at 
Wysocking Bay, Hyde County and east of a line running southerly from 
Bensons Point along the eastern edge of Bluff Shoal to the west side of 
Ocracoke Inlet, Carteret County (35 deg. 03' 42'' N.--76 deg. 02' 12'' 
W.) thence running easterly and northerly along the shoreline of the 
Pamlico Sound back to the point beginning at Hatteras Island. This area 
is referred to in the application as the Gillnet Restricted Area (GRA) 
and would be the affected area for the Plan and Permit. Flounder 
gillnets are set in the GRA from mid-September through mid-December in 
waters ranging between 10 and 20 feet (3 and 6.1 m) deep to target 
flounder migrating from the estuaries to offshore spawning grounds. 
Pamlico Sound flounder gillnets are normally hung with 5 and one-half 
to 6 and one-half inch (14 to 16.5 cm) stretch mesh monofilament 
webbing, and fisherman routinely set from 2,000 to 10,000 yards (1,800 
to 9,700 m) of net at a time. Telephone (n=31) interviews by NCDMF 
staff with flounder gillnet fishermen indicate that in 1999 the average 
amount of 5 inch (12.7 cm) stretch mesh and larger mesh gillnet set per 
fishing operation was 4,750 yards (4,340 m). Many of the flounder 
gillnet fishermen use net reels to set and retrieve their gear. The 
nets are approximately 10 feet (3 m) deep, however many fishermen use 
tiedowns which restrict the nets to the bottom 3 to 4 feet (1 to 1.2 m) 
of the water column. The nets are constructed of small diameter (.40mm 
to .60mm) webbing that is hung loosely to create excess bag in the net 
which improves the catch of flounder. Flounder gillnets are normally 
fished every day or every other day depending on recent catches and 
weather conditions. Soak times generally range between 12 and 48

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hours. It is estimated that in the fall of 1999, between 90 and 95 
vessels participated in the large mesh and small mesh gillnet fisheries 
in the Pamlico Sound. Approximately one-half of these vessels are 
believed to have fished large mesh (i.e. greater than 5 inch (12.7 cm) 
stretch mesh) gillnets. NCDMF Trip Ticket Program information for 1999 
indicates that 45 vessels greater than 25 feet (7.6 m) and 9 vessels 
less than 25 feet (7.6 m) in length landed more than 1,000 pounds (454 
kg) of flounder per month from September through December.
    Incidental mortalities of listed turtles associated with the 
commercial fall gillnet fishery for flounder in Pamlico Sound, NC, are 
requested by NCDMF at levels specified in the Permit application. NCDMF 
is proposing to limit the commercial fall gillnet fishery for flounder 
such that the incidental impacts on listed turtles will be minimized. 
NCDMF would use a variety of adaptive fishery management measures and 
restrictions through their state proclamation authority to reduce sea 
turtle mortality in the fall gillnet fishery by 50 percent, relative to 
mortality levels indicated by strandings in 1999. Implementation of the 
monitoring requirements of the Plan-an observer program with 5 percent 
coverage-is contingent upon NCDMF receiving a funding grant, for which 
a final funding decision is expected in early August. NCDMF considered 
and rejected one other alternative, not applying for a permit and 
closing the fishery, when developing their Plan.

Summary of NMFS Concerns and Recommendations

    NMFS has reviewed the NCDMF's Plan and has identified several 
concerns with the adequacy of the minimization and mitigation measures, 
monitoring, and the associated level of incidental take of listed 
turtles. The NCDMF's draft Plan could be strengthened by providing 
information on the abundance and distribution of the five listed 
species of turtles in North Carolina waters (including the Pamlico 
Sound), information on current fishing levels within North Carolina 
waters (including the Pamlico Sound) and more detailed information on 
the effect of implementing the proposed minimization measures, 
mitigation measures, commitments to monitoring, and alternatives to the 
proposed Plan.
    NMFS specifically invites the public to provide comments on the 
measures proposed in the Plan, including the description of management 
measures, the relationship of the management measures to the trigger 
conditions identified in the application, the monitoring requirements 
(including observer provisions and funding), and the linkage of the 
Plan to current and future program management (This permit application 
and Plan are for 1 year only, so any future incidental take 
authorization in this fishery would require a new application and plan, 
incorporating any new information developed this year.). NMFS is also 
seeking comment on the incidental take level proposed in the Plan. The 
Plan could potentially reduce strandings within Pamlico Sound by up to 
50 percent of the levels observed during the fall in 1999. NMFS 
solicits comment on the adequacy of this reduction to avoid appreciably 
reducing the numbers and distribution of listed turtles in the wild and 
the potential need for further reductions in the take level requested.
    NMFS also invites comments on potential alternative options and 
practical measures that could reduce the adverse effects to turtles in 
Pamlico Sound. Variations on the alternatives provided in the Plan may 
also exist which could avoid and/or significantly reduce potential for 
conflict with ongoing fishing activities in North Carolina waters 
outside of Pamlico Sound, while minimizing and mitigating the 
incidental take of turtles. Specifically, NMFS wishes to receive 
comment on options that would minimize the use of gillnets in Pamlico 
Sound during times of turtle abundance, while still providing fishing 
opportunities to fishers. Additionally, we seek comments on the 
management of commercial and recreational fishing activities by the 
applicant in areas outside of Pamlico Sound that would provide the 
basis for the development of a multi-year Conservation Plan to minimize 
and mitigate strandings of listed turtles within all North Carolina 
waters. Comments on alternatives should include discussions of length 
of gillnets deployed, soak times, and seasonal closures to avoid, 
minimize, and mitigate incidental take. This information will assist 
NMFS and NCDMF in developing long-term Plans with appropriate adaptive 
management measures for future fishing activities.
    This notice is provided pursuant to section 10(c) of the Act. NMFS 
will evaluate the permit application, Plan, and comments submitted 
thereon to determine whether the application meets the requirements of 
section 10(a) of the ESA. If it is determined that the requirements are 
met, a permit will be issued for the incidental take of loggerhead, 
leatherback, green, hawksbill, and Kemp's ridley turtles, for the 2000 
fall season only. Management of this fishery beyond 1 year of the 
issuance of the Permit, will require a new incidental take permit. The 
final permit decision will not be made prior to ensuring compliance 
with NEPA and not until after the end of the 30-day comment period in 
order to fully consider all public comments received during the comment 
period. NMFS will publish a record of its final action in the Federal 
Register.
    The EA package includes a draft EA. A final determination of a 
Finding of No Significant Impact (which concludes that issuing the 
incidental take permit is not a major Federal action significantly 
affecting the quality of the human environment, within the meaning of 
section 102(2)(C) of the National Environmental Policy Act (NEPA) of 
1969, as amended) will be made after the public comment period and 
prior to issuance of a Permit. Two Federal action alternatives have 
been analyzed in the EA, including: (1) the no action alternative (deny 
the permit); and (2) issue a permit.

    Dated: July 28, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-19588 Filed 8-2-00; 8:45 am]
BILLING CODE 3510-22-F