[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Pages 9560-9561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3277]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020201B]


Endangered Species; Permits

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

ACTION: Receipt of application to modify permits (1254); issuance of 
permits (1268, 1209, 1251).

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SUMMARY: Notice is hereby given of the following actions regarding 
permits for takes of endangered and threatened species for the purposes 
of scientific research and/or enhancement: NMFS has received an 
application for permit modification from Mr. Martin Daley, Dynegy 
Northeast Generation (Dynegy) (1254); NMFS has issued permit 1268 to 
Mr. James Anderson, of National Aquarium in Baltimore (NAB) (1268); 
NMFS has issued permit 1251 to Mr. Steven Fields, of Magnolia Springs 
State Park - GADNR (GADNR) (1251), NMFS has issued permit 1209 to Mr. 
Ken Alfieri, of Cypress Gardens (CG) (1209).

DATES: Comments or requests for a public hearing on any of the new 
applications or modification requests must be received at the 
appropriate address or fax number no later than 5 p.m. eastern standard 
time on March 12, 2001.

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to the appropriate office as 
indicated below. Comments may also be sent via fax to the number 
indicated for the application or modification request. Comments will 
not be accepted if submitted via e-mail or the Internet. The 
applications and related documents are available for review in the 
indicated office, by appointment:
    For permits 1254, 1209, 1251, 1268: Office of Protected Resources, 
Endangered Species Division, F/PR3, 1315 East-West Highway, Silver 
Spring, MD 20910 (ph: 301-713-1401, fax: 301-713-0376).

FOR FURTHER INFORMATION CONTACT: Terri Jordan, Silver Spring, MD 
(phone: 301-713-1401, fax: 301-713-0376, e-mail: 
[email protected]).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). The holding of such 
hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in This Notice

    The following species is covered in this notice:

Fish

    Shortnose sturgeon (Acipenser brevirostrum)

Modification Requests Received

    Permit 1254: The applicant currently possesses a scientific 
research permit to conduct a monitoring study as part of an incidental 
take permit for the operation of the Roseton and Danskammer Point power 
plants. The applicant will be collecting larvae, juvenile and adult 
shortnose sturgeon in various location in the Hudson River between the 
estuary and River mile 65. On January 30, 2001, NMFS was notified that 
Dynegy had purchased the two power plants from Hudson Central Gas and 
Electric Company(HCGE) and current co-permittee on permit 1254, and 
requesting that HCGE be removed from the permit as a holder.

Permits Issued

Permit 1209

    Notice was published on March 25, 1999 (64 FR 14432) that Mr. Ken 
Alfieri, of Cypress Gardens applied for an enhancement permit (1209). 
The aquarium proposes to maintain a population of up to eight (8) 
juvenile shortnose sturgeon in a captive environment for educational 
purposes. The sturgeon will be captive sturgeon received from the USFWS 
Bear's Bluff hatchery and have been classified as ``non-releasable'' by 
NMFS. In addition the fish will be placed on display, incidental to the 
research, for public education purposes. Permit 1209 was issued on 
January 26, 2001, authorizing take of listed species. Permit 1209 
expires January 31, 2006.

Permit 1251

    Notice was published on October 30, 2000 (65 FR 64685) that Mr. 
Steven Fields, of Magnolia Springs State Park - GADNR, applied for an 
enhancement permit (1251). The applicant requests an enhancement permit 
to maintain two five-year old shortnose sturgeon in captivity for 
educational purposes. The applicant currently possesses two adult 
shortnose sturgeon received from the US Fish and Wildlife Service 
hatchery at Bears Bluff, South Carolina in February 1997 under 
scientific research permit 986. Permit 986 expired on 
December 31, 2000 and the permit holder did not renew the enhancement 
aspects of permit 986. Permit 1251 was issued on January 26, 2001, 
authorizing take of listed species. Permit 1251 expires January 31, 
2006.

Permit 1268

    Notice was published on November 2, 2000 (65 FR 65840) that Mr. 
James Anderson, of National Aquarium in Baltimore applied for an 
enhancement permit (1268). The applicant requested a five year permit 
to continue to maintain one (1) adult shortnose sturgeon in captivity 
for enhancement purposes. The applicant currently possesses an adult 
shortnose sturgeon received from the US Fish and Wildlife Service 
hatchery at Bears Bluff, South Carolina in February 1997 under 
scientific research permit 986. Permit 986 expired on December 31, 2000 
and

[[Page 9561]]

the permit holder did not renew the enhancement aspects of permit 986. 
As a direct result, the National Aquarium in Baltimore is applying for 
an individual permit to continue maintenance of this fish. Permit 1268 
was issued on January 26, 2001, authorizing take of listed species. 
Permit 1268 expires January 31, 2006.

    Dated: February 2, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-3277 Filed 2-7-01; 8:45 am]
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