[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Pages 19733-19734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040805D]


Receipt of an Application for Incidental Take Permit (1529)

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 David N. Hata, Ph.D., Virginia Polytechnic Institute and 
State University (Virginia Tech) pursuant to the Endangered Species Act 
of 1973, as amended (ESA). As required by the ESA, the 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, shortnose sturgeon, 
smalltooth sawfish, and Atlantic salmon associated with otherwise 
lawful research to assess horseshoe crab abundance from Cape Cod, 
Massachusetts south to the Georgia-Florida border. 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 16, 2005.

ADDRESSES: Requests for copies of the application, cited literature, 
and 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/pr/permits/review.htm.

FOR FURTHER INFORMATION CONTACT: Therese Conant (ph. 301-713-1401, fax 
301-427-2522, 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. Other 
species that may be affected are: Shortnose sturgeon (Acipenser 
brevirostrum), smalltooth sawfish (Pristis pectinata), and Atlantic 
salmon (Salmo salar).

Background

    NMFS received an application from Dr. Hata on April 2, 2004. Based 
on a review of the application, NMFS determined that the application 
was incomplete and requested further information. The applicant 
submitted a revised application on January 10, 2005. The application is 
for incidental take of ESA-listed species that may result from proposed 
research. The proposed research activity will consist of annual 
horseshoe crab abundance monitoring surveys and associated studies to 
evaluate survey methodology. The annual trawl surveys will provide 
abundance, distribution and demographic information in support of the 
horseshoe crab Fishery Management Plan of the Atlantic States Marine 
Fisheries Commission. The surveys will be conducted from Cape Cod, 
Massachusetts to the Georgia-Florida

[[Page 19734]]

border. Sampling consists of approximately 48 days at sea for a total 
of 250 tows deploying flounder and whelk trawls intended to capture 
horseshoe crabs for examination and enumeration. Tows will be no longer 
than 15 minutes of bottom time and will be conducted at night from mid-
August through mid-November. Turtle excluder devices will not be 
installed in the trawl gear because these devices may hinder capture of 
horseshoe crabs. Thus, it is anticipated that fish and sea turtles will 
be captured by the unmodified gears. The application anticipates the 
annual capture of one lethal or non-lethal leatherback, one lethal or 
non-lethal green, 12 lethal and 28 non-lethal loggerheads, 4 lethal and 
9 non-lethal Kemp's ridley sea turtles in 48 days of sampling. The 
lethal take numbers are based on a 29 percent mortality rate which is 
the higher rate published for trawl fisheries (Henwood and Stuntz, 
1987; Epperly et al., 1995). However, those rates are based on 
commercial fishing conditions where trawl tow times often exceed 60 
minutes. The tow times described in the application will not exceed a 
15 minute bottom time--a submergence period that sea turtles are able 
to survive. Thus, the mortality rate is likely much lower then 29 
percent.

Conservation Plan

    The conservation plan prepared by the applicant describes measures 
designed to monitor, minimize, and mitigate the incidental takes of 
ESA-listed sea turtles. The conservation plan includes limiting 
sampling effort in areas and times where sea turtles are likely to be 
present; avoiding coral and rock habitats associated with hawksbills 
and areas of submerged aquatic vegetation associated with green 
turtles; using minimal tow durations; avoiding areas of high fishing 
vessel activity which may attract foraging sea turtles and may increase 
the chance of multiple captures.
    All activities will be conducted under the direct supervision of 
scientific parties from Virginia Tech. Sampling will not be conducted 
when sea turtles are observed in the area. If a sea turtle is captured, 
all efforts will be made to release the turtle as quickly as possible 
with minimal trauma. If necessary, resuscitation will be attempted as 
proscribed by 50 CFR 223.206. Scientific parties will be familiarized 
with resuscitation techniques prior to surveys, and a copy of the 
resuscitation guidelines will be carried aboard the vessel during 
survey activities. In the event resuscitation is unsuccessful, the sea 
turtle will be transferred to the sea turtle stranding network of the 
appropriate jurisdiction. Other monitoring or mitigation actions will 
be undertaken as required.
    The applicant considered and rejected three other alternatives, not 
applying for a permit, conducting the research in an area where ESA-
listed species do not occur, or using different sampling gear 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: April 11, 2005.
P. Michael Payne,
Chief, Marine Mammal and Turtle Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 05-7516 Filed 4-13-05; 8:45 am]
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