[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49009-49010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19115]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072202A]


Receipt of an Application for an Incidental Take Permit (1398)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, 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 gill net fisheries for flounder operating in 
Pamlico Sound, NC. The duration of the proposed Permit is for 3 years. 
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.

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 p.m. Eastern daylight time on 
August 28, 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 / ESA Permit.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 David.Bernhart @ noaa.gov). 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. Section 10(a)(1)(B) of the 
ESA provides for authorizing incidental take of listed species. 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 conservation 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

    NMFS issued Permt 1259 to NCDMF (65 FR 65,840, November 2, 
2000) and Permit 1348 (66 FR 51,023, October 5, 2001) for 
managing the sea turtle interactions in certain factions of the 2000 
and 2001 commercial fall gill net fisheries for flounder in the 
southeastern portion of Pamlico Sound. On July 18, 2002, NCDMF 
submitted an application to NMFS for a Permit (1398) 
authorizing incidental take of ESA-listed sea turtles associated with 
the shallow water fishery for the 2002, 2003, and 2004 fall fishing 
seasons. 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. The conservation plan includes managing the shallow water 
large and small mesh gill net fishery which operates from April through 
December in areas adjacent to the Outer Banks and mainland in Pamlico 
Sound. Three gill net restricted areas (GNRAs) will be designated for 
the eastern Pamlico Sound and two GNRAs in the western Pamlico Sound 
along the mainland in Hyde and Pamlico Counties.
    The three eastern GNRAs consist of waters extending out from the 
barrier islands to a depth of less than 20 feet (6.1 m). The three 
GNRAs from south to north are as follows: (1) the area from Wainwright 
Island including Ocracoke Inlet bound by Core Banks; (2) the area north 
of Ocracoke Inlet to and encompassing Hatteras Inlet; (3) the area 
north of Hatteras Inlet to and encompassing Oregon Inlet. The shallow 
water fishery operates from April through December in depths typically 
less than 3 feet (1.0 m). Vessels are usually open skiffs ranging from 
15 to 25 feet (4.6 to 7.6 m) in length. Each fisherman sets 500 to 2000 
yards (457 to 1,828 m) of large mesh (5.5 to 7.0 inch (14.0 to 17.8 
cm)) or small mesh (3.5 to 4.5 inch (8.90 to 11.4 cm)) gill net, which 
are soaked overnight and retrieved by hand.
    Monitoring during the 2000 fishing season consisted of 4.3 percent 
coverage of this fishery with 37 trips observed. Four sea turtle 
interactions were observed and all were green turtles, three were 
released alive. During the 2001 fishing season, 131 large mesh trips 
were observed which represented 9 percent coverage. Four green sea 
turtles and one hawksbill were observed in the large mesh gill net 
fishery. For the small mesh fishery, 47 trips were observed for the 
``set'' net and 12 trips observed for the ``runaround'' accomplishing 
20 and 8.4 percent coverage, respectively. No sea turtle interactions 
were observed.
    In addition to the Outer Banks fisheries, a mainland based flounder 
gill net fishery occurs in the shallow water bays and along the 
shoreline of Hyde and Pamlico Counties. The two GNRAs consist of all 
mainland areas within 200 yards (183 m) of shore between 76 30'W and 76 
50'W. The fishery operating in this area is similar to the Outer Banks 
fishery with the effort from April through December. Fishing depths are 
typically less than 3 feet (1.0 m), and each fisherman sets 500 to 2000 
yards (457 to 1,828 m) of large mesh (5.5 to 7.0 inch (14.0 to 17.8 
cm)), which are soaked overnight and retrieved by hand. This fishery 
did not operate during the 2001 fishing season due to the 2001 closure 
of Pamlico Sound (66 FR 50350, October 3, 2001). No observer trips have 
been conducted within this fishery and therefore there have been no

[[Page 49010]]

documented sea turtle takes. However, NCDMF has been conducting an 
independent gill net survey in this area since May 2001 and completed 
approximately 1,800 unattended 30 yard (27.4 m) gill net sets composed 
of large and small stretched mesh with no sea turtle interactions to 
date.
    The annual anticipated lethal and nonlethal incidental take of sea 
turtles is anticipated to be 72 and 492, respectively. This level is 
anticipated to consists of equal portions of Kemp's ridley, green, and 
loggerhead turtles. NCDMF is proposing to limit the commercial fall 
gill net fishery for flounder such that the incidental 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 
gill net 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 conservation plan.
    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 
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: July 22, 2002.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 02-19115 Filed 7-26-02; 8:45 am]
BILLING CODE 3510-22-S