[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63414-63415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE147]


Endangered Species; File No. 27686

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

ACTION: Notice; issuance of permit.

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SUMMARY: Notice is hereby given that Hudson River Sloop Clearwater, 
Inc., (Clearwater) has been issued a permit for the incidental take of 
shortnose (Acipenser brevirostrum) and Atlantic sturgeon (A. 
oxyrinchus) associated with the otherwise lawful education trawl in the 
Hudson River.

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-hudson-river-sloop-clearwater-inc.

FOR FURTHER INFORMATION CONTACT: Steven Hughes, (301) 427-8576, 
[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

[[Page 63415]]

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 September 29, 2023, notice was published in the Federal Register 
(88 FR 67249) that a request for a permit for the incidental take of 
shortnose and Atlantic sturgeon associated with the otherwise lawful 
education trawl in the Hudson River by Clearwater, Inc. 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. 27686

    The permit authorizes take of ESA-listed shortnose and Atlantic 
sturgeon that are caught incidental to educational trawls in the Hudson 
River. Clearwater will not exceed take of 10 sturgeon, with 1 or more a 
year (combination of shortnose and Atlantic Sturgeon) over the 10 year 
permit. There will be one lethal take permitted over the 10 year 
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 Clearwater describes measures designed to minimize and 
mitigate the impacts of any incidental take of ESA-listed shortnose 
sturgeon and Atlantic sturgeon. Clearwater will regularly communicate 
with New York State Department of Environmental Conservation to avoid 
known sturgeon habitat and spawning grounds. Clearwater will avoid 
trawling the river at Poughkeepsie and Norrie Point due to known 
sensitive habitat. Clearwater will use small otter trawls (38.1 x 76.2 
centimeter) doors weighing 50 pounds and short tow times (<=5 minutes). 
Beach seines, which allow for targeted catch, will be used where 
practicable (e.g., away from urban areas and where tides allow). If 
Clearwater incidentally captures a sturgeon in its nets, it will follow 
protocols for safe handling and immediately release any sturgeon 
caught. Clearwater will maintain a detailed log of all gear sets and 
will submit to NMFS incidental and annual reports of incidental 
capture, if any, of listed sturgeon.

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 (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 25, 2024.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2024-17252 Filed 8-2-24; 8:45 am]
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