[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56804-56806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17899]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD247]


Endangered Species; File No. 27551

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

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

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SUMMARY: Notice is hereby given that the Georgia Department of Natural 
Resources (GA DNR) 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 shortnose 
(Acipenser brevirostrum) and Atlantic sturgeon (A. oxyrinchus) 
associated with the otherwise lawful commercial shad fishery in 
Georgia. 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 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 September 20, 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 on this document, 
identified by NOAA-NMFS-2023-0100, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
NOAA-NMFS-2023-0100 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.

[[Page 56805]]

    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 <a href="/cdn-cgi/l/email-protection#bad9dfd6dfc9cedf94c9ced5cfcefad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="abc8cec7ced8dfce85d8dfc4dedfebc5c4caca85ccc4dd">[email protected]</span></a> or (301) 427-8436; Alison 
Verkade, NMFS, Office of Protected Resources at 
<a href="/cdn-cgi/l/email-protection#86e7eaeff5e9e8a8f0e3f4ede7e2e3c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="2445484d574b4a0a5241564f454041644a4b45450a434b52">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
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 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: Atlantic (Acipenser oxyrinchus) and shortnose (A. 
brevirostrum) sturgeon.

Background

    NMFS received a draft permit application from GA DNR on January 4, 
2023. Based on a review of the application, NMFS requested further 
information. The applicant submitted a complete application on June 15, 
2023 for take of ESA-listed shortnose and Atlantic sturgeon that may be 
caught incidental to the Georgia shad fishery. The State of Georgia has 
amended their commercial fishing regulations for the Georgia shad 
fishery to minimize the incidental capture of ESA-listed shortnose and 
Atlantic sturgeon. Regulations include the closure of upstream waters 
in the Altamaha and Savannah rivers, as well as the closure of Ogeechee 
River to commercial shad harvest. Additional regulations include 
closing portions of each river for 2 days each week and restricting the 
length of nets used which prevents nets from extending more than \1/2\ 
way across a river.
    The Georgia shad fishery is open from January 1 to as late as April 
30 each year, but typically ends March 31. Georgia regulations require 
that sturgeon captured in shad nets be released unharmed into the 
waters from which they were taken. GA DNR requests 3-year running 
averages for takes to account for the potential for a high-take year 
before or after low-take years. GA DNR estimates that incidental 
bycatch would 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. A 
mortality rate of approximately 2.3 percent is anticipated based on the 
best available data.
    GA DNR would use a combination of a trip ticket system (self-
reporting by fishermen) and direct observations to monitor the number 
of sturgeon incidentally captured each month in the commercial shad 
fishery. Since 2013, the GA DNR has conducted fishery-dependent efforts 
to observe a minimum of 10 percent of the commercial shad trips 
occurring annually in both the Altamaha and Savannah rivers.

Conservation Plan

    GA DNR's conservation plan describes measures designed to minimize, 
monitor, and mitigate the incidental take of ESA-listed sturgeon. The 
conservation plan includes 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 
would use a combination of a trip ticket system (self-reporting by 
fishermen) and direct observations to observe a minimum of 10 percent 
of the commercial shad trips occurring annually in both the Altamaha 
and Savannah rivers for the incidental take of sturgeon in the 
commercial shad fishery. In these efforts, GA DNR staff observe active 
fishing efforts and record information on captured sturgeon. 
Information collected on captured sturgeon include species 
identification; lengths (total and fork); and condition of the fish. 
Additional monitoring and mitigation actions include having GA DNR 
staff scan the fish for the presence of a Passive Integrated 
Transponders (PIT) tag, and if one is not found, GA DNR staff would 
insert a PIT tag into the fish. They will also collect a fin-clip from 
captured sturgeon to provide to the U.S. Geological Survey (USGS) for 
genetic study. Under current collaborative efforts, GA DNR provides 
fin-clips and outside funding sources are used to process said fin-
clips. Should outside funds not be available for processing GA DNR 
would provide fin-clips and fund the processing of up to 15 samples/
year. These fin-clips aid in better studying and understanding the 
genetic diversity and conservation of sturgeon found within Georgia and 
other states. Additional mitigation efforts include the education and 
outreach efforts conducted annually by GA DNR through materials 
presented to commercial shad fishermen. These materials, including 
detailed identification aids and specific instructions on properly 
handling captured sturgeon, provide needed information critical for 
helping fishermen better understand how they can help protect and 
sustain these endangered species. Additionally, GA DNR Law Enforcement 
continues to routinely and randomly patrol both the open and closed 
sections of both rivers.
    GA DNR considered and rejected two other alternatives: (1) No 
change to commercial shad regulations, and (2) establish new upper 
boundaries for commercial shad fishing on the Altamaha, Ogeechee, and 
Savannah rivers and close the Satilla and St. Mary's rivers to 
commercial shad fishing.

Funding

    Monitoring would be funded by GA DNR's Annual Operating Budget.

National Environmental Policy Act

    Issuing a permit would constitute 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 Environmental Policy Act (1999), an

[[Page 56806]]

initial determination has been made that the activity proposed is 
categorically excluded from the requirement to prepare an environmental 
assessment or environmental impact statement, however, the final NEPA 
and permit determinations will not be made until after the end of the 
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 
takes of ESA-listed sturgeon. NMFS will publish a record of its final 
action in the Federal Register.

    Dated: August 15, 2023.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2023-17899 Filed 8-18-23; 8:45 am]
BILLING CODE 3510-22-P


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