[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Notices]
[Pages 42845-42846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20544]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081001C]


Receipt of an Application for an Incidental Take Permit (1348).

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

ACTION: Notice of availability.

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SUMMARY: NMFS has received an application for an incidental take permit 
(Permit) from the North Carolina Division of Marine Fisheries (NCDMF) 
pursuant to the Endangered Species Act of 1973, as amended (ESA). As 
required by the ESA, NCDMF's application includes a conservation plan 
designed to minimize and mitigate any such take of endangered or 
threatened species. The Permit application is for the incidental take 
of ESA-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 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 pursuant to the ESA.

DATES: Written comments from interested parties on the Permit 
application and Plan must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 pm Eastern daylight time on 
September 14, 2001.

ADDRESSES: Written comments on this action 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. The application is available for 
download and review at http://www.nmfs.noaa.gov/ prot--res/PR3/Permits/
ESAPermit.html. Comments will not be accepted if submitted via e-mail 
or the Internet.

FOR FURTHER INFORMATION CONTACT: David Bernhart (ph. 727-570-5312, fax 
727-570-5517, e-mail [email protected]). 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. 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) sea turtles.

Background

    On August 8, 2001, NCDMF submitted an application to NMFS for an 
ESA section 10 (a)(1)(B) permit for an incidental take of ESA-listed 
sea turtles associated with commercial fall gillnet fisheries for 
flounder in the southeastern portion of Pamlico Sound. This application 
includes endangered Kemp's ridley, leatherback, and hawksbill sea 
turtles and the threatened green and loggerhead sea turtles. This 
fishery targets flounder. The proposed implementation of this fishery 
will allow for the continued commercial harvest of this species. This 
fishery is estimated to have a value of over one million dollars per 
year. This fishery supports fishermen and the local economy.

Conservation Plan

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

Fall Gillnet Flounder Fishery

    This fishery is scheduled to occur from September 15 through 
December 15, 2001. The fall flounder gillnet fishery in Pamlico Sound 
occurs predominantly in an area lying south of a line running westerly 
from a point on Hatteras Island, Dare County (35" 23' 00" N - 75" 30' 
00" W) through the Avon Channel Entrance Beacon No. 1 (35" 23' 00" N - 
75" 33' 38" W) thence westerly to Bensons Point (3" 23' 00" N - 76" 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" 03' 42" N - 76" 
02' 12" W) thence running easterly and northerly along the shoreline of 
the Pamlico Sound back to the point of beginning. This area is referred 
to as the Gillnet Restricted Area (GRA). Flounder gillnets are set in 
the GRA from mid-September through mid-December in waters ranging 
between 10 and 20 feet (3.1 m to 6.2 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 cm to 16.5 cm) mesh monofilament webbing, and 
fisherman routinely set from 2,000 to 10,000 (1,828 m to 9,140 m) yards 
of net at a time. Telephone interviews by NCDMF staff with flounder 
gillnet fishermen (n=31) indicate that in 1999 the average amount of 5 
inch and larger mesh gillnet set per fishing operation was 4,750 yards 
(4,342 m). Many of the flounder gillnet fishermen use net reels to set 
and retrieve their gear. The nets are approximately 10 feet (3.1 m) 
deep, however many fishermen use tiedowns which restrict the nets to 
the bottom three to four feet ( of the water column. The nets are 
constructed of small diameter 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 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 gillnets. NCDMF Trip 
Ticket Program information for 1999 indicates that 45 vessels greater 
than 25 feet (7.6 m) in length and nine vessels less than 25 feet (7.6 
m) in length landed more than 1,000 pounds ( 453.1 kg) of flounder per 
month from September through December.
    Incidental mortalities of ESA-listed sea turtles associated with 
the commercial fall gillnet fishery for flounder in Pamlico Sound, 
North Carolina are requested at levels specified in the Permit 
application. NCDMF is proposing to limit the commercial fall gillnet 
fishery for flounder such that the incidental

[[Page 42846]]

impacts on ESA-listed sea 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, compared to the 
mortality level indicated by strandings in 1999. NCDMF considered and 
rejected one other alternative, not applying for a permit and closing 
the fishery, when developing their plan.
    This notice is provided pursuant to section 10(c) of the ESA and 
the 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: August 10, 2001.
Therese Conant,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-20544 Filed 8-10-01; 3:41 pm]
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