[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16803-16804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6506]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.032405D]


Receipt of an Application for Incidental Take Permit (1528)

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 6 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 
May 2, 2005.

ADDRESSES: Written comments on this action should be addressed to 
Therese Conant, Marine Mammal and Turtle Division, NMFS Office of 
Protected Resources, 1315 East-West Highway, Silver Spring, MD, 20910; 
or by fax (301) 427-2522, or by e-mail at: [email protected]. The 
application is available for download and review at http://www.nmfs.noaa.gov/prot_res/PR3/Permits/ESAPermit.html.

FOR FURTHER INFORMATION CONTACT: Therese Conant (ph. 301-713-1401, fax 
301-427-2522, e-mail [email protected]; Dennis Klemm (ph. 727-
824-5312, fax 727-824-5309, 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. 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 Permit 1259 to NCDMF (65 FR 65840, November 2, 
2000), Permit 1348 (66 FR 51023, October 5, 2001), and Permit 
1398 (67 FR 67150, November 4, 2002) for managing the sea 
turtle interactions in certain factions of the commercial fall gill net 
fisheries for flounder in the southeastern portion of Pamlico Sound. On 
March 22, 2005, NCDMF submitted an application to NMFS for a Permit 
(1528) authorizing incidental take of ESA-listed sea turtles 
associated with the shallow water fishery for the 2005 through 2010 
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. Seven gill net restricted areas (GNRAs) will be designated for 
the eastern Pamlico Sound and one GNRA in the western Pamlico Sound 
along the mainland in Hyde and Pamlico Counties.
    The seven eastern GNRAs consist of waters extending out from the 
barrier islands to a depth of less than 20 feet (6.1 m). The seven 
GNRAs from south to north are as follows: (1) the area from Wainwright 
Island bound by Core Banks; (2) the area surrounding Ocracoke Inlet; 
(3) the area north of Ocracoke Inlet to just south of Hatteras Inlet; 
(4) the area surrounding Hatteras Inlet; (5) the area north of Hatteras 
inlet to Avon; (6) the area north of Avon to south of Oregon Inlet; and 
(7) the area surrounding Oregon Inlet.

[[Page 16804]]

    The eastern Pamlico Sound 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.
    In addition to the eastern Pamlico Sound fisheries, a mainland 
based flounder gill net fishery occurs in the shallow water bays and 
along the shoreline of Hyde and Pamlico Counties. The GNRA consist of 
all mainland areas within 200 yards (183 m) of shore between 
76[deg]30'W and 75[deg]42'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).
    Management measures identified in the Conservation Plan include 
tending requirements for small mesh gillnets; restrictions on the 
maximum net length per fishing operation; and prohibitions of large 
mesh gillnets in areas around the inlets. NCDMF will monitor sea turtle 
interactions through reports from fishery observers, fishermen, and 
NCDMF Marine Patrol.
    The annual anticipated lethal and nonlethal incidental take of sea 
turtles is anticipated to be 100 and 320, respectively. Specifically, 
the anticipated lethal and nonlethal take by species is 25 and 80 
Kemp's ridley, 50 and 160 green, and 25 and 80 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: March 28, 2005.
P. Michael Payne,
Chief, Marine Mammal and Turtle Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 05-6506 Filed 3-31-05; 8:45 am]
BILLING CODE 3510-22-S