[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Notices]
[Pages 16367-16368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032602B]


Receipt of an Application for an Incidental Take Permit (1357)

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 
from the State of Hawaii's Department of Land and Natural Resources 
(DLNR), Division of Aquatic Resources (DAR) pursuant to the Endangered 
Species Act of 1973, as amended (ESA). As required by the ESA, the 
DAR'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 sea turtles 
associated with otherwise lawful fisheries occurring in state waters 
(shoreline to the extent of state jurisdiction), which are under the 
State's management authority (except for federal pelagic and bottomfish 
fisheries managed by the Western Pacific Regional Fishery Management 
Council). The duration of the proposed permit is July 1, 2002 to June 
30, 2005. 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 conservation plan must be received (see ADDRESSES) no 
later than 5 p.m. Eastern daylight time on May 6, 2002.

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: Margaret Akamine Dupree (ph.808-973-
2935, fax 808-973-2941, e-mail [email protected]) or Therese 
Conant (ph. 301-713-1401, fax 301-713-0376, 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 
certain conditions, 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 olive ridley (Lepidochelys olivacea) sea turtles.

Background

    On March 21, 2002, the DAR 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 state-managed fisheries. The application 
request is for the three year period from July 1, 2002 to June 30, 
2005. This permit would allow for the continued take of sea turtles 
incidental to the recreational and commercial harvest of fish in state 
waters of Hawaii and provide conservation for sea turtles.

Conservation Plan

    The conservation plan prepared by the DAR and included in the 
application describes measures designed to monitor, minimize, and 
mitigate the incidental takes of ESA-listed sea turtles in what it 
refers to as the ``inshore fisheries.''

[[Page 16368]]

    Inshore fisheries occur in Hawaii state waters (shoreline to the 
extent of state jurisdiction) which are under the State's management 
authority (except for federal pelagic and bottomfish fisheries managed 
by the Western Pacific Regional Fishery Management Council). This 
includes both recreational fishing and commercial fishing. Many 
different kinds of fishing methods exist and, in aggregate, fishing 
occurs throughout the year and along all accessible coastlines. 
Hawaiian fishermen utilize gear in four broad categories: hook-and-
line, net, trap and spear. There is a diverse array of gear and gear 
configurations within these categories.
    The DAR conservation plan includes a monitoring program to 
accurately estimate the annual take of sea turtles by inshore fisheries 
and to assess the effect of mitigation measures on addressing goals and 
objectives. The plan would also work to reduce the lethal take of sea 
turtles (all species combined) by 25 percent from 2002 levels and 
reduce the total take by 10 percent. Incidental mortalities of ESA-
listed sea turtles associated with the Hawaii inshore marine fisheries 
are requested at levels specified in the permit application. The plan 
would protect critical inshore foraging and resting habitat from the 
impacts of the permitted activity.
    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 
public comments 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: April 1, 2002.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 02-8190 Filed 4-4-02; 8:45 am]
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