[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56343-56344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15018]



[[Page 56343]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE087]


Endangered Species; File No. 27551

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

ACTION: Notice; issuance of permit.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Georgia Department of Natural 
Resources (GA DNR) has been issued a permit for the incidental take of 
shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A. 
oxyrinchus) associated with the otherwise lawful commercial shad 
fishery in Georgia.

ADDRESSES: The permit and related documents are available on the NMFS 
Office of Protected Resources website at: https://www.fisheries.noaa.gov/action/incidental-take-permit-georgia-department-natural-resources-0.

FOR FURTHER INFORMATION CONTACT: Celeste Stout, phone: (301) 427-8436; 
email: [email protected].

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act 
(ESA) and Federal regulations prohibits 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 when the 
takes are 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. The regulations for issuing 
incidental take 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: Atlantic (Acipenser oxyrinchus) and shortnose (A. 
brevirostrum) sturgeon.

Background

    On August 21, 2023, notice was published in the Federal Register 
(88 FR 56804) that a request for a permit for the incidental take of 
shortnose and Atlantic sturgeon associated with the otherwise lawful 
commercial shad fishery in Georgia had been submitted by GA DNR. No 
comments were received during the 30 day public comment period. The 
requested permit has been issued under the authority of the ESA of 
1973, as amended (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).

Permit No. 27551

    The permit authorizes take of ESA-listed shortnose and Atlantic 
sturgeon that are caught incidental to the Georgia commercial shad 
fishery. GA DNR incidental capture will not exceed 60 shortnose 
sturgeon per year (no more than 180 in a 3-year period) and 40 Atlantic 
sturgeon per year (no more than 120 in a 3-year period) in the Altamaha 
River; 5 shortnose sturgeon per year (no more than 15 in a 3-year 
period) and 25 Atlantic sturgeon per year (no more than 75 in a 3-year 
period) in the Savannah River. No lethal takes were requested by GA DNR 
because no mortalities have been observed over the last 10 years. 
However, due to the risks posed by capture in set and drift gill nets 
in the GA shad fishery, 10 percent of sturgeon that are captured are 
expected to be injured and 2.3 percent of both shortnose and Atlantic 
sturgeon are expected to suffer mortality. Thus, from the above 
authorized take of shortnose sturgeon, no more than 17 of the 
interactions may result in injury and no more than 8 mortalities may 
occur over the duration of the permit. From the above authorized take 
of Atlantic sturgeon, no more than 17 of the interactions may result in 
injury and no more than 8 mortalities may occur over the duration of 
the permit.

Conservation Plan

    Section 10 of the ESA specifies that no permit may be issued unless 
an applicant submits an adequate conservation plan. The conservation 
plan prepared by GA DNR describes measures designed to minimize and 
mitigate the impacts of any incidental take of ESA-listed shortnose 
sturgeon and Atlantic sturgeon. The State of Georgia has amended its 
commercial fishing regulations for the Georgia commercial shad fishery 
to minimize the incidental capture of ESA-listed shortnose sturgeon and 
the South Atlantic, Carolina, Chesapeake Bay, New York Bight, and Gulf 
of Maine Distinct Population Segments (DPS) of Atlantic sturgeon. The 
new regulations restrict fishing to the lower portions of the Savannah 
and Altamaha Rivers as follows: Waters of the Altamaha River system 
open to commercial shad fishing are the Ohoopee River upstream to the 
U.S. Hwy. 1 bridge and the Altamaha River downstream of the US Hwy. 1 
bridge to the estuarine waters of the sound/beach boundary. Although 
they historically were open prior to 2011, all waters upstream of the 
U.S. Hwy. 1 bridge are closed to commercial shad fishing. These 
upstream waters include a significant portion of the preferred spawning 
area and habitat utilized by sturgeon, hence their closure and 
protection by the GADNR. Waters of the Savannah River system open to 
commercial shad fishing are the Savannah River downstream of the US 
Hwy. 301 bridge to the estuarine waters of the sound/beach boundary. 
The waters upstream of the US Hwy. 301 bridge are considered to include 
a significant portion of the preferred spawning area and habitat 
utilized by sturgeon, hence their closure and protection by the GADNR.
    The Georgia shad fishery is open from January 1 to as late as April 
30 each year, but would typically end March 31. In addition, GA DNR 
will implement measures described in the conservation plan that 
accompanies the permit to minimize, monitor, and mitigate the 
incidental take of ESA-listed sturgeon. The conservation plan includes 
continued implementation of Georgia's amended commercial fishing 
regulations for the Georgia shad fishery, which are expected to 
minimize the bycatch of sturgeon by closing to shad fishing sections of 
the rivers that previously had the highest bycatch rates. These 
closures would also protect known and suspected sturgeon spawning 
sites. Georgia regulations require that sturgeon captured in shad nets 
be released unharmed into the waters from which they were taken. GA DNR 
is also expected to incidentally capture sturgeon during monitoring of 
the shad run. GA DNR will set drift nets in the Altamaha River during 
the fishing season to monitor the shad run and approximate the rate of 
incidentally captured shortnose and Atlantic sturgeon. This take is 
covered in the take authorizations provided above, no mortalities are 
anticipated. GA DNR will continue to educate commercial shad fisherman 
on identification of sturgeon species; proper handling techniques to 
minimize impacts to incidentally captured sturgeon, including the 
importance of frequently checking nets and immediately releasing 
sturgeon that were incidentally captured; the biological and legal 
importance of reporting incidental capture of sturgeon; and the 
importance of accurately recording sturgeon intercepts and returning 
the trip tickets in a timely manner. GA DNR has also committed to will 
insert passive integrated

[[Page 56344]]

transponder (PIT) tags and collect genetic samples from Atlantic 
sturgeon incidentally captured during monitoring in order to better 
determine what DPSs of Atlantic sturgeon are being captured in the 
fishery. The cost associated with the PIT tagging and the genetic 
sampling components of the conservation plan will be funded through the 
sources identified in the application.

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 has 
determined that the activity proposed is categorically excluded from 
the requirement to prepare an environmental assessment or environmental 
impact statement. This action falls within the B3 category--Issuance 
of, and amendments to, ``low effect'' Incidental Take Permits and their 
supporting ``low effect'' Habitat Conservation Plans under section 
10(a)(1)(B) of the ESA. Additionally there are no extraordinary 
circumstances with the potential for significant environmental effects 
that would preclude the issuance of this permit type from being 
categorically excluded.

    Dated: July 3, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2024-15018 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-22-P