[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7505-7506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3757]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 013003A]


Receipt of an Application for an Incidental Take Permit (1417)

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 Dr. Anne Rudloe, Gulf Specimen Marine Laboratories, Inc. 
(GSML) pursuant to the Endangered Species Act of 1973, as amended 
(ESA). As required by the ESA, GSML's application includes a 
conservation plan designed to minimize and mitigate the impacts of 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 trawling activities in Florida state 
waters of Bay, Gulf, Franklin, and Wakulla Counties to harvest marine 
organisms for the purpose of supplying entities conducting scientific 
research and educational activities. The duration of the proposed 
Permit is for 9 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 
March 17, 2003.

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: Therese Conant (ph. 301-713-1401, fax 
301-713-0376, e-mail [email protected]), or Eric Hawk (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

[[Page 7506]]

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), and Kemp's ridley (Lepidochelys kempii) sea turtles.

Background

    GSML is a non-profit scientific and educational institution that 
holds an IRS 501(c)3 certificate of tax exemption and conducts sea 
turtle research and conservation activities. GSML uses small trawls 
(under 500 sq. ft. (46.5 sq. m)) without turtle excluder devices (TEDs) 
to collect marine fish, invertebrates and algae. Trawl times are less 
than 30 minutes in duration. GSML sells the marine organisms it catches 
to public aquariums, schools, research laboratories, and biomedical 
institutions. It utilizes the revenue to support its environmental 
education and sea turtle protection programs. The issuance of a Permit 
will allow for the continued harvest of marine fish, invertebrates and 
algae by GSML.
    This application includes the Kemp's ridley, green and loggerhead 
sea turtles. This fishing activity does not target sea turtles, and 
while thus far GSML has not taken any turtles with the fishing gear it 
now uses, a take of one turtle every 3 years is anticipated. No 
mortalities are expected should this take occur.
    The types of activities and effects that are considered under the 
ESA section 10 permitting process vary in complexity and degree of 
impact. Despite authorization of some small level of incidental take, 
the action authorized under a low-effect permit has a minor or 
negligible effect on the species covered in the permit. The 
determination of whether an incidental take permit qualifies for the 
low-effect category must be based on its anticipated impacts prior to 
implementation of the mitigation plan. Low-effect incidental take 
permits are categorically excluded from NEPA. NMFS has determined that 
this Permit (1417) qualifies for the low-effect category. Only one 
turtle is anticipated to be taken every 3 years, and these takes are 
expected to be non-lethal and result in zero injury.

Conservation Plan

    The conservation plan prepared by GSML describes measures designed 
to minimize and mitigate the impacts of any incidental takes of ESA-
listed sea turtles. It includes provisions to ensure that any captured 
sea turtles in need of resuscitation are provided such care, per NMFS 
guidelines. Additionally, any animals needing medical attention or 
rehabilitation will be cared for by authorized persons and facilities.
    The conservation plan will mitigate the impacts of any incidental 
takes of ESA-listed sea turtles by helping turtles that have been put 
at risk or harmed due to interactions with other fisheries in the area. 
Specifically, GSML will remove any turtles it encounters ensnared in 
fishing lines, nets, and trap ropes. If any of these sea turtles 
require care, GSML will transport them to a rehabilitation facility.
    This conservation plan will be funded through GSML revenues derived 
from the sale of the marine fish, invertebrates, and algae collected 
from trawling, donations from membership in its aquarium, and from 
grants and contracts.
    This notice is provided pursuant to section 10(c) of the ESA and 
the National Environmental Policy Act regulations (40 CFR 1506.6). NMFS 
will evaluate the application, associated documents, and submitted 
comments to determine whether the application meets the requirements of 
the ESA Section 10(a) permitting process. 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 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: February 10, 2003.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 03-3757 Filed 2-13-03; 8:45 am]
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