[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Notices]
[Pages 13255-13256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU83


Endangered Species; File No. 15338

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

ACTION:  Notice; receipt of application.

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SUMMARY:  Notice is hereby given that David N. Hata, Ph.D., Virginia 
Polytechnic Institute and State University (Virginia Tech), has applied 
in due form for a permit pursuant to the Endangered Species Act of 
1973, as amended (ESA). The Permit application is for the incidental 
take of ESA-listed sea turtles and shortnose sturgeon associated with 
otherwise lawful research to assess horseshoe crab abundance from the 
southern coast of Long Island, New York through the Eastern Shore, 
Virginia, and in Delaware Bay. The duration of the proposed Permit is 
10 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 must be received at the appropriate address or 
fax number (see ADDRESSES) on or before April 19, 2010.

ADDRESSES:  The application is available for download and review at 
http://www.nmfs.noaa.gov/pr/permits/esa_review.htm, found under the 
section heading ESA Section 10(a)(1)(B) Permits and Applications.
    The application is also available upon written request or by 
appointment in the following office: Marine Mammal and Sea Turtle 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2322; 
fax (301)713-4060.
    Written comments should be addressed to Sara McNulty, Marine Mammal 
and Sea Turtle Conservation Division, NMFS Office of Protected 
Resources, 1315 East-West Highway, Silver Spring, MD, 20910; or by fax 
(301)713-4060, or by e-mail at: [email protected].

FOR FURTHER INFORMATION CONTACT: Sara McNulty (ph. 301-713-2322, fax 
301-713-4060).

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: Shortnose sturgeon (Acipenser brevirostrum), 
loggerhead (Caretta caretta), green (Chelonia mydas), leatherback 
(Dermochelys coriacea), hawksbill (Eretmochelys imbricata) and Kemp's 
ridley (Lepidochelys kempii) sea turtles. In addition, Atlantic 
sturgeon (Acipenser oxyrinchus), a candidate species for listing, may 
be affected.

Background

    NMFS received an application from Dr. Hata on August 26, 2009. 
Based on

[[Page 13256]]

a review of the application, NMFS determined that the application was 
incomplete and requested further information. The applicant submitted a 
revised application on January 19, 2010. 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 trawl surveys along the coastal 
mid-Atlantic and Delaware Bay. The coastal mid-Atlantic survey will 
consist of two regional surveys; (1) The Coastal Delaware Bay Area 
survey, which extends from shore out 22.2 kilometers (12 nautical 
miles), and from the Eastern Shore of Virginia (37[deg] 10' N) north to 
Atlantic City, New Jersey (39[deg] 20' N), and (2) The New York Apex 
survey, which extend from shore out 22.2 kilometers (12 nautical 
miles), and from 39[deg] 20' N north along the New Jersey coast and 
east along the southern coast of Long Island to Montauk Point, New York 
(71[deg] 50' W). The Delaware Bay survey will be conducted in Delaware 
and New Jersey state jurisdictional waters deeper than three meters (10 
feet) in Delaware Bay west of the territorial sea demarcation line. 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. 
Sampling will consist of approximately 27 days at sea annually, for a 
total of 140 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, when horseshoe crabs are more susceptible to the gear. However, 
boat traffic and the presence of fixed fishing gear may restrict 
sampling to daylight hours, depending on the location. The proposed 
activity will be conducted in the fall, between early September and 
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 that the coastal trawl survey effort 
will annually capture 24 loggerhead, 21 Kemp's ridley, and 4 green sea 
turtles, with up to one sea turtle mortality each year. Additionally, 
the application anticipates 7 loggerhead, 6 Kemp's ridley, and 1 green 
sea turtle will be captured in the Delaware Bay trawl survey, with no 
mortalities expected. 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 estimates are low. 
Based on available data, the application does not anticipate the 
capture of shortnose sturgeon in the coastal or Delaware Bay trawl 
survey effort. The application anticipates the annual capture of 11 
Atlantic sturgeon, in the coastal trawl survey effort and 9 Atlantic 
sturgeon in the Delaware Bay trawl survey, with near 100% survival.

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: March 11, 2010.
David Cottingham,
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-5982 Filed 3-18-10; 8:45 am]
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