[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67249-67250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21446]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD383]


Endangered Species; File No. 27686

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 Hudson River Sloop Clearwater, 
Incorporated (hereinafter `Clearwater') has applied in due form to 
renew a permit pursuant to the Endangered Species Act of 1973, as 
amended (ESA). The renewal permit application is for the incidental 
take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) and 
shortnose sturgeon (A. brevirostrum) associated with the otherwise 
lawful environmental education program conducted on the Hudson River, 
New York. The education program uses small otter trawls and beach 
seines to collect fish and invertebrate specimens that are held onboard 
the vessels for educational purposes. The duration of the proposed 
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 or 
fax number (see ADDRESSES) on or before October 30, 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 https://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-

[[Page 67250]]

2023-0111 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-2023-0111 in the Search box. Click on the ``Comment'' 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 
https://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: Steven Hughes, (301) 427-8576, 
<a href="/cdn-cgi/l/email-protection#4b383f2e3d2e2565233e2c232e380b25242a2a652c243d"><span class="__cf_email__" data-cfemail="5023243526353e7e382537383523103e3f31317e373f26">[email protected]</span></a>; Celeste Stout, (301) 427- 9436, 
<a href="/cdn-cgi/l/email-protection#5f1c3a333a2c2b3a710c2b302a2b1f31303e3e71383029"><span class="__cf_email__" data-cfemail="3c7f5950594f4859126f485349487c52535d5d125b534a">[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 governing 
regulations for permits for incidental taking of threatened and 
endangered species are promulgated at 50 CFR 222.307.

Background

    On July 10, 2023, Clearwater Inc. sent a permit renewal request 
before permit number 18600 expires December 31, 2023. On August 28, 
2023, NMFS met with Clearwater Inc. to discuss reducing the number of 
requested takes for the permit from 20 to 10 sturgeon over the course 
of the 10-year project.
    Over the course of the 10-year project two sturgeons were captured 
during the proposed action. The species affected were two Atlantic 
sturgeon. The two sturgeon were released back into the Hudson River 
immediately after they were brought up to the boat. The Clearwater 
applicant has submitted end of year reports every year. There were no 
compliance issues throughout the permit that would prevent the 
application from being renewed for another 10 years.

Conservation Plan

    Clearwater's conservation plan describes measures to minimize, 
monitor, and mitigate the incidental take of ESA-listed Atlantic and 
shortnose sturgeon. Clearwater will regularly communicate with New York 
State Department of Environmental Conservation to avoid known sturgeon 
habitat and spawning grounds. Clearwater will use small otter trawls 
(95.52 by 45.72 centimeter doors and weigh less than 0.45 kilograms) 
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 sets, 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 incident and 
annual reports of incidental capture, if any, of listed sturgeon.

National Environmental Policy Act

    In compliance with the National Environmental Policy Act of 1969 
(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), an initial determination 
has been made that the activity proposed is categorically excluded from 
the requirement to prepare an environmental assessment or environmental 
impact statement.

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. The final NEPA and permit determinations 
will not be made until after the end of the comment period. NMFS will 
publish a record of its final action in the Federal Register.

    Dated: September 26, 2023.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources.
[FR Doc. 2023-21446 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P


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