[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43716-43718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17645]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC711


Endangered Species; File No. 18102

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

ACTION: Issuance of permit.

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SUMMARY: Notice is hereby given that the North Carolina Department of 
Marine Fisheries (NCDMF) has been issued a permit for the incidental 
take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) Distinct 
Population Segments (DPSs) associated with the otherwise lawful 
commercial inshore gillnet fishery in North Carolina.

[[Page 43717]]


ADDRESSES: The incidental take permit, final environmental assessment, 
and other related documents are available on the NMFS Office of 
Protected Resources Web site at http://www.nmfs.noaa.gov/pr/permits/esa_review.htm.

FOR FURTHER INFORMATION CONTACT: Heather Coll (ph. 301-427-8455, email 
[email protected] or Angela Somma (ph. 301-427-8403, email 
[email protected]).

SUPPLEMENTARY INFORMATION: On July 9, 2013, notice of receipt was 
published in the Federal Register (78 FR 41034) that a request for a 
permit for the incidental take of Atlantic sturgeon DPSs (Gulf of 
Maine, New York Bight, Chesapeake, Carolina, and South Atlantic) 
associated with the otherwise lawful gillnet fishery in North Carolina 
inshore waters had been submitted by NCDMF. The requested permit has 
been issued under the authority of the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing 
the taking, importing, and exporting of endangered and threatened 
species (50 CFR parts 222-226).
    This permit authorizes the incidental take of specified numbers of 
Atlantic sturgeon DPSs incidental to the continued commercial harvest 
of target fish species in gillnets subject to monitor, minimize, and 
mitigate incidental take as set forth in the conservation plan and the 
permit for a 10-year period.
    The conservation plan includes managing inshore gill net fisheries 
by dividing estuarine waters into five primary management units (i.e., 
A1, 2, 3; B; C; D; E). (Management unit A is subdivided into three 
subunits because quantifiable evidence of differences in Atlantic 
sturgeon distribution and fishing effort exist within the management 
unit.) Each of the management units will be monitored seasonally and by 
fishery. Management Unit A is divided into three subunits: A-1, A-2, 
and A-3 to allow NCDMF to effectively address subunits where proactive 
management actions may be taken at a finer scale. Management Subunit A-
1 will encompass Albemarle Sound as well as contributing river systems 
in the unit not crossing a line 36[deg]4.30' N. -75[deg]47.64' W. east 
to a point 36[deg]2.50' N. -75[deg]44.27' W. in Currituck Sound or 
35[deg]57.22' N. -75[deg]48.26' W. east to a point 35[deg]56.11' N. -
75[deg]43.60' W. in Croatan Sound and 36[deg]58.36' N. -75[deg]40.07' 
W. west to a point 35[deg]56.11' N. -75[deg]43.60' W. in Roanoke Sound. 
Management Subunit A-2 will encompass Currituck Sound north of a line 
beginning at 36[deg]4.30' N. -75[deg]47.64' east to a point at 
36[deg]2.50' N -75[deg]44.27' W. as well as the contributing river 
systems in this unit. Management Subunit A-3 will encompass Croatan 
Sound waters south from a point at 35[deg]57.22' N. -75[deg]48.26' W. 
east to a point 35[deg]56.11' N. -75[deg]43.60' W. and Roanoke Sound 
waters south from a point 36[deg]58.36' N. -75[deg]40.07' W. west to a 
point 35[deg]56.11' N. -75[deg]43.60' W. south to 35[deg]46.30' N. 
Management Unit B includes all inshore waters south of 35[deg]46.30' 
N., east of 76[deg]30.00' W. and north of 34[deg]48.2' N. This 
management unit will include all of Pamlico Sound and the northern 
portion of Core Sound. Management Unit C includes the Pamlico, Pungo, 
Bay, and Neuse river drainages west of 76[deg]30.00' W. Management Unit 
D includes all inshore waters south of 34[deg]48.27' N. and west of a 
line running from 34[deg]40.70' N.--76[deg]22.50' W. to 34[deg]42.48' 
N. -76[deg]36.70' W. to the Highway 58 bridge. Management in unit D 
includes the southern Core Sound, Back Sound, Bogue Sound, North River, 
and Newport River. Management Unit E includes all inshore waters south 
and west of the Highway 58 bridge to the North Carolina/South Carolina 
state line. This includes the Atlantic Intracoastal Waterway and 
adjacent sounds and the New, Cape Fear, Lockwood Folly, White Oak, and 
Shallotte rivers.
    The conservation plan prepared by NCDMF describes measures designed 
to monitor, minimize, and mitigate, to the maximum extent practicable, 
the incidental take of Atlantic sturgeon Gulf of Maine, New York Bight, 
Chesapeake, Carolina, and South Atlantic DPSs.Additionally, on July 17, 
2014, NMFS signed an implementing agreement (IA) with NCDMF to better 
delineate responsibilities with regard to implementation of the 
conservation plan. Because information on Atlantic sturgeon population 
and trends in the inshore waters of North Carolina is limited or 
nonexistent, this agreement was necessary. The IA outlines a year 1-3 
information gathering and monitoring phase (first phase) and a year 4-
10 implementation phase (second phase). It is anticipated by both 
parties that the results of the first phase could adjust and better 
predict take numbers for years 4-10 during the second phase, during 
which information gathering and monitoring will still continue to take 
place.
    The conservation plan specifies that monitoring of the inshore 
gillnet fisheries will be done through onboard and alternative platform 
observers. NCDMF will observe 7-10% >=5.0 ISM; 1-2% <5.0 ISM) statewide 
while gillnet fishing occurs. Observer coverage will be concentrated 
mostly on large mesh, since most takes occur with large mesh. 
Furthermore, NCDMF will provide weighted coverage in areas with more 
Atlantic sturgeon interactions. Well over 90% of historic Atlantic 
sturgeon interactions have occurred in management unit A, which is 
Albemarle Sound. If NCDMF covers 7-10% of the entire large mesh gill 
net fishery effort each year with weighted coverage in Albemarle Sound 
(formerly at 1% coverage), NMFS and NCDMF should start obtaining more 
data with regard to Atlantic sturgeon population and trends. This is 
also the reason though for the three year monitoring period outlined in 
the IA to help gather better data and make appropriate decisions using 
the best available information. If, in annual reports, it becomes clear 
that the monitoring is ineffective or not being done to the level 
agreed, NMFS and NCDMF also have the IA to help our agencies work 
through disagreements, if any arise. NMFS would need to reinitiate 
consultation if it becomes evident that the action is not being carried 
out in the manner described in the permit and conservation plan.
    Observer coverage will be based on the types and levels of fishing, 
Atlantic sturgeon activity, and NCDMF's ability to monitor fishing 
effort in primary fisheries within five primary management units. Each 
of the units will be monitored seasonally and by fishery with weighted 
coverage derived from estimated Atlantic sturgeon takes. Data on 
sturgeon incidental take will include gear type, soak time, gear 
parameters (e.g., mesh size), location, condition of individual caught, 
length, weight, disposition, and whether a tag was applied or fin clip 
collected. Information on fishing effort, catch, and discards will also 
be collected. Observers will be debriefed daily and submit reports 
weekly. In addition to enforcing state regulations, Marine Patrol 
officers will inspect fish houses, conduct aerial surveys, check 
fishing gear and licenses, interview fishermen, and monitor fishing 
activities. NCDMF will use data collected through the Trip Ticket 
Program. The data collected through onboard and alternative platform 
observers, Marine Patrol officer reports, and the Trip Ticket Program 
will be used to estimate fishing effort, Atlantic sturgeon bycatch, and 
level of compliance. All data will be housed in a statewide biological 
database.
    The conservation plan specifies if estimated takes of Atlantic 
sturgeon approach allowable thresholds in a management unit, NCDMF will 
issue a proclamation closing the season for the

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responsible fishery within the applicable management unit. NCDMF will 
issue proclamations implementing additional restrictions if necessary 
to provide increased protection of Atlantic sturgeon and other ESA-
listed species or lifting gillnet or area restrictions if supported by 
NCDMF or NMFS biological data. Restrictions may include additional 
measures to reduce fishing effort, reduced yardage, seasonal/area 
closures, attendance requirements, other gear limitations or 
modifications, extensive outreach, and an adaptive Observer Program. 
NCDMF will also identify and adaptively respond to areas of high 
potential for Atlantic sturgeon bycatch. These ``hotspots'' will be 
defined as any area, determined by geographically enforceable 
boundaries, where Atlantic sturgeon observations are unusually high 
within a management unit or subunit, such that the NCDMF Director 
determines that closure and evaluation is necessary to (1) avoid 
violation of a take limit, or (2) provide adequate protection or the 
Atlantic sturgeon, or (3) to allow Atlantic sturgeon to complete a 
seasonal migration and minimize interactions. Temporary ``hotspot'' 
closures may be implemented while data are gathered and analyzed. 
``Hotspot'' areas will be identified and handled proactively and 
reactively. For any given management unit or subunit during a season 
that shows high Atlantic sturgeon abundance, NCDMF may close the 
management unit or subunit for the duration of the defined season. If 
an area is closed as a ``hotspot'' multiple times throughout the year 
or over a two-year period, NCDMF will take proactive measures to close 
the area for longer than a defined season. If a particular area within 
a management unit or subunit can be defined within the unit as the 
``hotspot'' that area can be defined geographically and closed within 
the unit temporarily or permanently.
    The amount of annual incidental take of Atlantic sturgeon DPSs 
authorized is expressed as either interaction or mortality. Each year 
for ten years, for both large and small mesh combined, 2,927 (169 of 
which could be mortalities) Atlantic sturgeon could be taken. These 
numbers are further broken down by DPS and by large and small mesh. 
Annual large mesh takes of Carolina DPS fish could be up to 1655 (80 of 
which could be mortalities). Annual large mesh takes of all other DPS 
fish could be up to 548 (21 of which could be mortalities). Annual 
small mesh takes of Carolina DPS fish could be up to 607 (58 of which 
could be mortalities). Annual small mesh takes of all other DPS fish 
could be up to 117 (10 of which could be mortalities). Because reaching 
the level of take for any Atlantic sturgeon would end the incidental 
take authorization, it is highly unlikely that all DPSs would be 
impacted at these full levels. Additionally, these levels could change 
in years 4-10 of the permit due to monitoring population trend data 
that will come from the year 1-3 monitoring period depicted in the 
Implementing Agreement.
    Issuance of this permit, as required by the ESA, was based on a 
finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of such endangered or threatened 
species, and (3) is consistent with the purposes and policies set forth 
in section 2 of the ESA.

    Dated: July 22, 2014.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2014-17645 Filed 7-25-14; 8:45 am]
BILLING CODE 3510-22-P