[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78659-78661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27799]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC503]


Endangered Species; File No. 27106

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

ACTION: Notice; receipt of application and conservation plan for an 
incidental take permit; and request for comment.

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SUMMARY: Notice is hereby given that the North Carolina Department of 
Environment and Natural Resources, Division of Marine Fisheries (NCDMF) 
has applied in due form for a permit 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 take of endangered or threatened species. The permit 
application is for the incidental take of ESA-listed sea turtles and 
sturgeon associated with the otherwise lawful gill net fisheries 
operating in the inshore waters of North Carolina. The duration of the 
requested permit is 10 years. NMFS is providing this notice in order to 
allow other agencies and the public an opportunity to review and 
comment on the application materials. 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 
(see ADDRESSES) on or before January 23, 2023.

ADDRESSES: The application is available for download and review at 
https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits and at http://www.regulations.gov. 
The application is also available upon request (see FOR FURTHER 
INFORMATION CONTACT).
    You may submit comments, identified by NOAA-NMFS-2022-0115, by 
Electronic Submission: Submit all electronic public comments via the 
Federal eRulemaking Portal http://www.regulations.gov and enter [NOAA-
NMFS-2022-0115] in the Search box. Click on the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All Personal Identifying 
Information (e.g., name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information. 
We will accept anonymous comments (enter N/A in the required fields, if 
you wish to remain anonymous). Attachments to electronic comments will 
be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Celeste Stout, NMFS, Office of 
Protected Resources at [email protected], 301-427-8403; Wendy 
Piniak, NMFS, Office of Protected Resources at [email protected], 
301-427-8402.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations

[[Page 78660]]

prohibit the `taking' of a species listed as endangered or threatened. 
The ESA defines ``take'' 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 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, and 
Atlantic (Acipenser oxyrinchus) and shortnose (A. brevirostrum) 
sturgeon.

Background

    NMFS received a draft permit application from NCDMF on June 22, 
2022. Based on our review of the draft application, we requested 
further information and clarification on their mitigation measures and 
take requests. On December 2, 2022, NCDMF submitted an adequate and 
complete application for the take of ESA-listed sea turtles and 
sturgeon. This take is the result of the gill net fisheries operating 
in the internal coastal waters of North Carolina (NC) and the deploying 
of anchored gill nets (i.e., passive gill net sets deployed with an 
anchor or stake at one or both ends of the nets).
    The number of requested takes are expressed as estimates across the 
fishery based on model predictions when appropriate for Atlantic 
sturgeon, green sea turtles, and Kemp's ridley sea turtles. When takes 
could not be modeled (shortnose sturgeon, and hawksbill, leatherback, 
and loggerhead sea turtles), requested takes represent counts of 
observed takes. Additionally, in some instances, with low sample sizes, 
the estimates from the model output were sufficiently low such that a 
single observed interaction could extrapolate to a higher number of 
takes in real-time using the proportion method, even if the final 
estimated take using the model would not.
    For the development these take numbers, NCDMF defined Time Period 
(TP) categories as follows: TP 1 (2013-2019, before regulations due to 
Amendments 2 and 3 of the southern Flounder Fishery Management Plan 
[FMP]), TP 2 (2020-2029, the 10 years of regulations due to Amendments 
2 and 3 of the Southern Flounder FMP which reduced fishing effort), and 
TP 3 (2029-2033, after the rebuilding period of the Southern Flounder 
stock and regulations due to Amendments 2 and 3 would likely be removed 
or altered). Portions of TP 2 and TP 3 represent the 10 years for this 
ITP application.
    NCDMF is requesting incidental take as follows in rolling 2 year 
(ITP Year) intervals (i.e., takes may not exceed permitted levels in 
any two consecutive years) for TP 2 (Table 1) and TP 3 (Table 2):

                               Table 1--September 2023-August 2029--Time Period 2
                                                     [TP 2]
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                                                                                                   Requested  2-
             Species                Mesh-size category      Disposition          Predicted or      year rolling
                                                                                observed takes       take TP2
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Atlantic sturgeon................  Large & Small......  Live...............  Predicted..........             436
                                   Large & Small......  Dead...............  Observed...........               6
Green sea turtle.................  Large & Small......  Live...............  Predicted..........             542
                                   Large & Small......  Dead...............  Predicted..........             170
Kemp's ridley sea turtle.........  Large..............  Live...............  Observed...........              10
                                   Large..............  Dead...............  Observed...........               4
                                   Small..............  Live or Dead.......  Observed...........               4
Shortnose sturgeon...............  Large & Small......  Live or Dead.......  Observed...........               4
Hawksbill sea turtle.............  Large & Small......  Live or Dead.......  Observed...........               4
Leatherback sea turtle...........  Large & Small......  Live or Dead.......  Observed...........               4
Loggerhead sea turtle............  Large & Small......  Live or Dead.......  Observed...........              24
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                               Table 2--September 2029-August 2033--Time Period 3
                                                     [TP 3]
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                                                                                                   Requested  2-
             Species                Mesh-size category      Disposition          Predicted or      year rolling
                                                                                observed takes       take TP3
----------------------------------------------------------------------------------------------------------------
Atlantic sturgeon................  Large & Small......  Live...............  Predicted..........           1,740
                                   Large & Small......  Dead...............  Predicted..........             112
Green sea turtle.................  Large & Small......  Live...............  Predicted..........             588
                                   Large & Small......  Dead...............  Predicted..........             182
Kemp's ridley sea turtle.........  Large..............  Live...............  Predicted..........             114
                                   Large..............  Dead...............  Observed...........               4
                                   Small..............  Live or Dead.......  Observed...........               4
Shortnose sturgeon...............  Large & Small......  Live or Dead.......  Observed...........               4
Hawksbill sea turtle.............  Large & Small......  Live or Dead.......  Observed...........               4
Leatherback sea turtle...........  Large & Small......  Live or Dead.......  Observed...........               4
Loggerhead sea turtle............  Large & Small......  Live or Dead.......  Observed...........              24
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[[Page 78661]]

Conservation Plan

    NCDMF's conservation plan describes measures to minimize, monitor, 
and mitigate the incidental take of ESA-listed sea turtles and 
sturgeon. The conservation plan includes gill net fisheries operating 
in estuarine waters and deploying anchored gill nets as regulated 
through fisheries rules adopted by the North Carolina Marine Fisheries 
Commission and proclamations issued by the NCDMF director. Regulations 
include mandatory net attendance, yardage limits, mesh size 
restrictions, a minimum distance between fishing operations, gear 
marking requirements, soak-time restrictions, net shot limits, net 
height tie-down requirements, closed areas, and monitoring and 
reporting requirements. The conservation plan includes an adaptive 
management and monitoring program, fisheries reduction, outreach, and 
timely response to ``hotspots'' where sturgeon and/or sea turtle 
interactions are unusually high.
    Additionally, NCDMF will commit funds of up to $2,000 per year to 
purchase PIT tags, which equates to approximately 100 tags per year. 
This number exceeds the average number of live Atlantic Sturgeon 
observed during ITP years 2013 through 2021 and should ensure that 
sturgeon in condition fit for tagging are PIT tagged unless poor 
maritime conditions make tagging infeasible. As part of the Observer 
Program sampling protocol, fin clips are taken from live and dead 
sturgeon. These samples are stored until they can be submitted for 
genetic analysis and included in the sturgeon genetics repository 
currently housed at the Atlantic Coast Sturgeon Tissue Research 
Repository (ACSTRR) at the Leetown Science Center. The NCDMF will 
commit up to $3,000 per year to fund genetic analysis; at approximately 
$100 per sample, this funding provides for the analysis of 
approximately 30 fin clips per year. The NCDMF will consult with NMFS 
to ensure samples collected during the current ITP and future samples 
collected under the requested ITP are appropriately selected based on 
criteria such as sturgeon length, location, and season. Should fewer 
than 30 fin clips be collected for a given year, any funds not expended 
from this allocation could be used for analysis of historical samples 
provided by NCDMF.
    Research is also a valuable tool to address data gaps and inform 
research needs. The assistance and cooperation of commercial fishery 
stakeholders in the research can greatly benefit these projects. The 
NCDMF will continue to support and assist research efforts and 
facilitate the establishment of relationships with the commercial 
fishing industry. The NCDMF will also help, to the extent possible, 
respond to cold-stun events that occur in NC with some regularity. 
During future events, NCDMF will help provide transportation of staff, 
supplies, and turtles using Observer Program staff, vehicles, and 
vessels. NCDMF will communicate with the North Carolina Wildlife 
Resources Commission about this commitment to ensure they reach out for 
assistance when needed.
    NCDMF's monitoring program is largely funded through state 
appropriations and is supplemented through other sources such as the 
Atlantic Coastal Cooperative Statistics Program and the National Fish 
and Wildlife Foundation.
    NCDMF considered and rejected three other alternatives: (1) No-
Action; (2) Full Gear Closure; and (3) Additional Gear Regulations.

National Environmental Policy Act

    Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal 
action requiring NMFS to comply with the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review 
Procedures for Implementing the National Policy Act (1999). NMFS 
intends to prepare an Environmental Assessment (EA) to consider a range 
of reasonable alternatives and fully evaluate the direct, indirect, and 
cumulative impacts likely to result from issuing a permit. Once a draft 
of the EA is complete it will be made available for public review and 
comment. The final NEPA and permit determinations will not be made 
until after the end of that comment period.

Next Steps

    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
received during the comment period to determine whether the application 
meets the requirements of section 10(a) of the ESA. If NMFS determines 
that the requirements are met, a permit will be issued for incidental 
take of ESA-listed sea turtles and sturgeon. NMFS will publish a record 
of its final action in the Federal Register.

    Dated: December 16, 2022.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-27799 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-22-P