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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1448-1449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00158]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE603]

Notice of Availability of Draft Environmental Assessment on the 
Effects of Issuing Incidental Take Permit No. 27490

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

ACTION: Notice; availability of a Draft Environmental Assessment; 
request for comments.

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SUMMARY: NMFS announces the availability of the Draft Environmental 
Assessment (EA) on the effects of issuing an Incidental Take Permit 
(ITP) (No. 27490) to the University of Massachusetts Dartmouth School 
for Marine Science and Technology (SMAST), pursuant to the Endangered 
Species Act (ESA) of 1973, as amended, for the incidental take of ESA-
listed sea turtles and sturgeon associated with the otherwise lawful 
fisheries survey activities within and adjacent to the Massachusetts/
Rhode Island Wind Energy Area. The duration of the requested permit is 
10 years. NMFS is requesting comment on the draft EA.

DATES: Written comments must be received at the appropriate address or 
fax number (see ADDRESSES) on or before February 7, 2025.

ADDRESSES: The EA is available for download and review at https://www.regulations.gov (enter NOAA-NMFS-2023-0090 in the Search box) and 
at https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits under the section heading Related 
Documents for the Incidental Take Permit to the University of 
Massachusetts Dartmouth School for Marine Science and Technology (Sea 
Turtles and Sturgeon). The draft EA is also available upon written 
request (see FOR FURTHER INFORMATION CONTACT). You may submit comments 
on the draft EA identified by NOAA-NMFS-2023-0090, by any of the 
following methods:

[[Page 1449]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0090 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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Alison Verkade, NMFS, Office of 
Protected Resources at [email protected], 301-427-8074.

SUPPLEMENTARY INFORMATION: Publication of this notice begins the 
official public comment period for this draft EA. Per the National 
Environmental Policy Act (NEPA), the purpose of the draft EA is to 
evaluate the potential direct, indirect, and cumulative impacts caused 
by the issuance of Permit No. 27490 to SMAST for the incidental take of 
ESA-listed sea turtles and sturgeon associated with the otherwise 
lawful fisheries survey activities within and adjacent to the 
Massachusetts/Rhode Island Wind Energy Area. All comments received will 
become part of the public record and will be available for review.
    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 (16 
U.S.C. 1532(19)). Section 10(a)(1)(B) of the ESA provides a mechanism 
for authorizing incidental take of listed species. NMFS is authorized 
to issue permits under section 10(a)(1)(B) of the ESA, in certain 
circumstances, to take listed species incidental to, and not the 
purpose of, otherwise lawful activities. 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 EA: the North Atlantic 
distinct population segments (DPS) of green (Chelonia mydas), Kemp's 
ridley (Lepidochelys kempii), and leatherback (Dermochelys coriacea) 
sea turtles; the Northwest Atlantic Ocean DPS of loggerhead (Caretta 
caretta) sea turtles; and the Gulf of Maine, New York Bight, 
Chesapeake, Carolina, and South Atlantic DPSs of Atlantic sturgeon 
(Acipenser oxyrinchus oxyrinchus).

Background

    NMFS received a draft permit application and conservation plan from 
SMAST on September 29, 2022. Based on our review of the draft 
application, we requested further information and clarification. After 
several draft submissions and reviews, on June 13, 2023, SMAST 
submitted a complete revised application for the incidental take of 
ESA-listed sea turtles and sturgeon. On July 6, 2023, we published a 
notice of receipt (88 FR 43082) of application and conservation plan 
from SMAST for an incidental take permit. In that notice, we made the 
ITP application and associated conservation plan available for public 
comment. During the comment period, we received two requests to extend 
the public comment period. NMFS provided an additional 15-day public 
comment period (88 FR 55668, August 16, 2023) to the comment period, 
which closed on August 31, 2023. We received three comments on the 
application and conservation plan, and responses to these comments are 
available in the draft EA.

National Environmental Policy Act

    This notice is provided pursuant to section 10(c) of the ESA and 
the NEPA regulations (40 CFR 1506.6). The draft EA was prepared in 
accordance with NEPA (42 U.S.C. 4321, et seq., 40 CFR 1500-1508) and 
applicable NOAA policy and procedures (NOAA Administrative Order (NAO) 
216-6A and the NOAA Companion Manual (CM) for the NAO 216-6A).

Alternatives Considered

    NMFS' proposed action is issuance of an ITP to SMAST would 
authorize take of threatened and endangered sea turtle and sturgeon 
species associated with the otherwise lawful fisheries survey 
activities within and adjacent to the Massachusetts/Rhode Island Wind 
Energy Area and require implementation of a conservation plan, in 
accordance with the requirements of the ESA. In preparing the draft EA, 
NMFS considered the following two alternatives for the proposed action.
    Alternative 1: No Action. In accordance with the CM for NAO 216-6A, 
section 6.B.i, NMFS is defining the no action alternative as not 
authorizing the requested incidental take of ESA-listed sea turtles and 
sturgeon. This is consistent with our statutory obligation under 
section 10(a)(1)(B) of the ESA to either: (1) deny the requested ITP or 
(2) grant the requested ITP and prescribe mitigation, monitoring, and 
reporting requirements. Under the no action alternative, NMFS would not 
issue the ITP, in which case, we assume SMAST would either not complete 
the fisheries surveys, or would use alternative methods to collect 
fisheries information and the full suite of specific mitigation 
measures, monitoring, reporting explained in the Conservation Plan 
would not be implemented. The Council on Environmental Quality (CEQ) 
regulations and the CM for NAO 216-6A require consideration and 
analysis of a no action alternative for the purposes of presenting a 
comparative analysis to the action alternatives. The no action 
alternative, serves as a baseline against which the impacts of the 
action alternatives will be compared and contrasted.
    Alternative 2: Issue Permit as Requested in Application (Preferred 
alternative): Under Alternative 2, an ITP would be issued to exempt 
SMAST from the ESA prohibition on taking sturgeon and sea turtles 
during operation of the otherwise lawful fisheries survey activities 
within and adjacent to the Massachusetts/Rhode Island Wind Energy Area. 
As required under section 10(a)(1)(B), the ITP would require SMAST to 
operate as described in the application and conservation plan to avoid, 
minimize, and mitigate take of ESA-listed sea turtles and sturgeon.
    Final 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: January 2, 2025.
Lisa Manning,
Acting Chief, Endangered Species Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2025-00158 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-22-P
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