[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Proposed Rules]
[Page 31172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11636]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[I.D. 042402B]


Sea Turtle Conservation; Activities Related to Fishing

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS); request for written comments; extension of comment period on 
application for Incidental Take Permit (ITP).

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SUMMARY: The National Marine Fisheries Service (NMFS) announces its 
intent to prepare an EIS to assess the potential impacts on the human 
environment of sea turtle interactions with fishing activities in 
Hawaii State waters associated with an application for an individual 
ITP submitted by the State of Hawaii Department of Land and Natural 
Resources. NMFS is responsible for analyzing these permit applications 
and authorizing those which meet legal requirements. NMFS also 
announces the extension of the comment period on the ITP application.

DATES: Written comments on fisheries/sea turtle interactions or other 
information that NMFS should consider in preparing the EIS, as well as 
written comments from interested parties on the permit application and 
conservation plan are requested and must be received no later than 5 
p.m. Eastern daylight time on or before June 10, 2002.

ADDRESSES: Comments on the proposal to prepare an EIS, comments on the 
application for an individual ITP, and requests for copies of the 
application for the individual ITP should be sent to: 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. Notice of public meetings will be announced at a later 
date through notice in the Federal Register.

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]).

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the Endangered Species Act (ESA). The 
leatherback (Dermochelys coriacea) and hawksbill (Eretmochelys 
imbricata) are listed as endangered. Loggerhead (Caretta caretta) and 
green (Chelonia mydas) turtles are listed as threatened, except for 
populations of green turtles in Florida and on the Pacific coast of 
Mexico, which are listed as endangered. Olive ridley (Lepidochelys 
olivacea) turtles are listed as threatened, except for populations of 
olive ridley turtles on the Pacific coast of Mexico, which are listed 
as endangered.
    Under the ESA and its implementing regulations, taking sea 
turtles--even incidentally--is prohibited, with exceptions identified 
in 50 CFR 223.206. Reduction of the incidental capture of sea turtles 
as a result of fishery operations and amelioration of the impacts of 
this interaction is an important aspect of sea turtle recovery efforts.
    Pursuant to the ESA, the State of Hawaii has submitted an 
application to NMFS for an individual ITP for listed sea turtles in 
inshore marine fisheries in the Hawaiian islands managed by the State 
of Hawaii. The application for an ITP was made available to the public 
through an earlier Federal Register notice of availability (67 FR 
16367, April 5, 2002), which established a comment period on the 
application of April 5, 2002 to May 6, 2002. Sea turtle interactions 
with fishing gear associated with the Hawaii-managed fisheries are 
known to occur, resulting in the take of threatened and endangered sea 
turtles. The extent and impact that will likely result from this 
incidental take must be analyzed and, if appropriate, authorized 
through section 10 of the ESA. An ITP cannot be authorized unless the 
applicant submits a conservation plan, and unless it can be determined 
that with respect to the permit application and the related 
conservation plan that (1) the taking will be incidental, (2) the 
applicant will, to the maximum extent practicable, minimize and 
mitigate the impacts of such taking, (3) the applicant will ensure that 
adequate funding for the plan will be provided, (4) the taking will not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild, and (5) any other measures or assurances required 
by NMFS as being necessary or appropriate for purposes of the 
conservation plan will be met.
    NMFS has determined that an environmental impact analysis of the 
incidental take of sea turtles which would be authorized by the 
issuance of an ITP for the marine inshore fisheries managed by the 
State of Hawaii is necessary under the National Environmental Policy 
Act (NEPA). Based on comments received through this notification, NMFS 
intends to schedule scoping meetings at a later date that would support 
preparation of an EIS.
    NMFS is seeking input from fishermen, sea turtle experts, non-
governmental organizations (NGOs), academia, state representatives, and 
the public on the Hawaii fisheries and is requesting information on 
fisheries interactions with sea turtles as well as the identification 
of missing data. The purpose of this notice is to: (1) inform the 
interested public of the intent to prepare this EIS, (2) request public 
participation and comments, and (3) extend the comment period on the 
application for the ITP to allow more time for comment on it. If 
authorization of an ITP is appropriate, it will proceed in accordance 
with the provisions specified in the ESA.

    Dated: May 6, 2002.
Wanda Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-11636 Filed 5-8-02; 8:45 am]
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