[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13479-13480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5272]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031507C]


Receipt of an Application for Incidental Take Permit (1603)

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

[[Page 13480]]


ACTION: Notice of availability.

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SUMMARY: NMFS has received an application for an incidental take permit 
(Permit) from the North Carolina Division of Marine Fisheries (NCDMF) 
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 any such take of endangered or 
threatened species. The Permit application is for the incidental take 
of ESA-listed adult and juvenile sea turtles associated with commercial 
shrimp trawling without the use of a turtle excluder device (TED) off 
the coast of North Carolina from Browns Inlet to Rich Inlet due to high 
concentrations of algae which clog shrimp trawls and TEDs. The duration 
of the proposed Permit is for 5 years. NMFS is furnishing this notice 
in order to allow other agencies and the public an opportunity to 
review and comment on this document. All comments received will become 
part of the public record and will be available for review.

DATES: Written comments from interested parties on the Permit 
application and Plan must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m. Eastern daylight time on 
April 23, 2007.

ADDRESSES: Written comments on this action should be addressed to David 
Cottingham, Chief, Marine Mammal and Sea Turtle Conservation Division, 
NMFS Office of Protected Resources, 1315 East-West Highway, Silver 
Spring, MD, 20910; or by fax (301) 427-2522, or by e-mail at: 
<a href="/cdn-cgi/l/email-protection#6b05060d1845021f1b455a5d5b582b05040a0a450c041d"><span class="__cf_email__" data-cfemail="2c42414a5f0245585c021d1a1c1f6c42434d4d024b435a">[email protected]</span></a>. The application is available for download and 
review at http://www.nmfs.noaa.gov/pr/permits/esa_review.htm.

FOR FURTHER INFORMATION CONTACT: Barbara Schroeder (ph. 301-713-2322, 
fax 301-427-2522, e-mail <a href="/cdn-cgi/l/email-protection#7b391a09191a091a5528181309141e1f1e093b15141a1a551c140d"><span class="__cf_email__" data-cfemail="e1a3809383809380cfb28289938e84858493a18f8e8080cf868e97">[email protected]</span></a>; Dennis Klemm (ph. 
727-824-5312, fax 727-824-5309, e-mail <a href="/cdn-cgi/l/email-protection#6f2b0a0101061c4124030a02022f01000e0e41080019"><span class="__cf_email__" data-cfemail="96d2f3f8f8ffe5b8ddfaf3fbfbd6f8f9f7f7b8f1f9e0">[email protected]</span></a>). Comments 
received will also be available for public inspection, by appointment, 
during normal business hours by calling 301-713-2322.

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term ``take'' is defined under the ESA 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: Loggerhead (Caretta caretta), green (Chelonia 
mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys 
imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles.

Background

    NMFS issued Permit 1325 to NCDMF (66 FR 51023, October 5, 2001) and 
Permit 1008 (61 FR 39442, July 29, 1996). Permit 1325 expired December 
31, 2006 and had been issued for the years 2001-2006, replacing the 
previous permit (1008) which had been issued for the years 1996-2000. 
Permit 1008 replaced NMFS emergency rules which were issued from 1992 
through 1995. The two previously issued permits and the emergency rules 
allowed limited tow times in lieu of the use of TEDs in an area off the 
North Carolina coast from Browns Inlet to Rich Inlet (approximately 30 
nautical miles long (55.6km) and extending 1 nautical mile (1.9km) 
offshore) because of high concentrations of algae which clog shrimp 
trawl nets and TEDs. On December 18, 2006 NCDMF submitteD an 
application to NMFS for a Permit (1603) to authorize the continued use 
of limited tow times in lieu of TEDs in the same area (Browns Inlet to 
Rich Inlet) when high concentrations of algae clog shrimp trawl nets 
and TEDs.

Conservation Plan

    The conservation plan prepared by the NCDMF describes measures 
designed to monitor, minimize, and mitigate the incidental take of ESA-
listed sea turtles annually from April 1 through November 30. The 
conservation plan includes two primary management measures, the 
issuance of proclamations by the NCDMF requiring vessels to obtain a 
tow time permit if they wish to trawl without TEDs in the restricted 
area and the implementation of seasonally-based tow time requirements 
in lieu of TEDs within the restricted area for authorized vessels. 
NCDMF proposes to monitor compliance and effectiveness of the 
management measures via monitoring of sea turtle strandings. NCDMF 
proposes to terminate or modify tow time permits if strandings exceed 
specified thresholds in the restricted area. This is a change in 
monitoring from the previous conservation plan and permit, which 
included on-board observer coverage. The conservation plan also 
includes enforcement of tow times in the restricted area by Marine 
Patrol officers.
    This notice is provided pursuant to section 10(c) of the ESA and 
the National Environmental Policy Act (NEPA) regulations (40 CFR 
1506.6). NMFS will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of the NEPA regulations and section 10(a) of the ESA. 
If it is determined that the requirements are met, a permit will be 
issued for incidental takes of ESA-listed sea turtles under the 
jurisdiction of NMFS. The final NEPA and permit determinations will not 
be completed until after the end of the 30-day comment period and will 
fully consider all public comments received during the comment period. 
NMFS will publish a record of its final action in the Federal Register.

    Dated: March 16, 2007.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-5272 Filed 3-21-07; 8:45 am]
BILLING CODE 3510-22-S


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