[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51756-51757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17343]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 082205A]


Issuance of an Incidental Take Permit (1529)

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

ACTION: Notice of permit issuance.

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SUMMARY: Notice is hereby given of that NMFS issued on August 17, 2005, 
an incidental take permit 1529 to 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 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 7 
years.

ADDRESSES: The application, permit, and related documents are available 
in the following office by appointment:
    Marine Mammal and Turtle Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. The application 
and conservation plan is also available for download athttp://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].)

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 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. NMFS published a 
notice of receipt and requested comment on the revised application (70 
FR 19733, April 14, 2005). No comments were received.
    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 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 hawksbill, one lethal and 3 non-lethal green, 2 lethal and 
34 non-lethal loggerheads, one lethal and 15 non-lethal Kemp's ridley 
sea turtles in 48 days of sampling. The lethal take numbers are based 
on a 3 percent mortality rate which is the rate published for trawl 
fisheries with less than a 40 minute tow time (NMFS Southeast Fisheries 
Science Center Tech. Memo. NMFS-SEFSC-455 2002).

[[Page 51757]]

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; and using different sampling gear when 
developing their conservation plan.
    Upon a review of the application, relevant documents, public 
comments, and further discussions with NCDMF, NMFS found that the 
application met the criteria for issuance of 50 CFR 222.307(c). Permit 
1529 was issued on August 17, 2005, and expires on December 15, 2011.

    Dated: August 26, 2005.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Turtle Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 05-17343 Filed 8-30-05; 8:45 am]
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