[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Notices]
[Pages 52984-52989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17638]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080205A]


Issuance of an Incidental Take Permit (1528)

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

ACTION: Notice of permit issuance.

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SUMMARY: Notice is hereby given that NMFS issued on August 26, 2005, an 
incidental take permit (Permit 1528) to the North Carolina Division of 
Marine Fisheries (NCDMF) pursuant to the Endangered Species Act of 1973 
(ESA), as amended. As required by the ESA, NCDMF's Permit 1528 includes 
a conservation plan designed to minimize and mitigate any such take of 
endangered or threatened species. Permit 1528 is for the incidental 
take of

[[Page 52985]]

ESA-listed adult and juvenile sea turtles associated with otherwise 
lawful commercial fall gill net fisheries for flounder operating in 
Pamlico Sound, NC. The duration of Permit 1528 is for 6 years.

ADDRESSES: The application, permit, and related documents are available 
in the following office by appointment:
    Marine Mammal and Turtle Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
    The application and permit are also available for download athttp://www.nmfs.noaa.gov/prot_res/PR3/Permits/ESAPermit.html.

FOR FURTHER INFORMATION CONTACT: Therese Conant (ph. 301-713-1401, fax 
301-427-2522, e-mail <a href="/cdn-cgi/l/email-protection#1c4874796e796f79325f73727d72685c72737d7d327b736a"><span class="__cf_email__" data-cfemail="13477b76617660763d507c7d727d67537d7c72723d747c65">[email protected]</span></a>; Dennis Klemm (ph. 727-
824-5312, fax 727-824-5309, e-mail <a href="/cdn-cgi/l/email-protection#d094b5bebeb9a3fe9bbcb5bdbd90bebfb1b1feb7bfa6"><span class="__cf_email__" data-cfemail="3b7f5e555552481570575e56567b55545a5a155c544d">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION: Issuance of permits and permit 
modifications, as required by the ESA (16 U.S.C. 1531-1543), is based 
on a finding that such permits/modifications: (1) are applied for in 
good faith; (2) would not operate to the disadvantage of the listed 
species which are the subject of the permits; and (3) are consistent 
with the purposes and policies set forth in section 2 of the ESA. 
Incidental take permits are issued under section 10(a)(1)(B) of the 
ESA. Authority to take listed species is subject to conditions set 
forth in the permits. NMFS regulations governing permits for threatened 
and endangered species are promulgated at 50 CFR 222.307.

Species and Geographic Area Covered

    The following species are included in Permit 1528 conservation 
plan: Loggerhead (Caretta caretta), green (Chelonia mydas), leatherback 
(Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's 
ridley (Lepidochelys kempii) sea turtles. The conservation plan 
includes managing the shallow water large and small mesh gill net 
fisheries operating from September through mid-December in areas 
adjacent to the Outer Banks and along the western shore of the 
continental mainland in Pamlico Sound. Seven gill net restricted areas 
(GNRAs) will be designated for the eastern Pamlico Sound and one GNRA 
in the western Pamlico Sound along the mainland in Hyde and Pamlico 
Counties.

Conservation Plan

    Permit 1528 includes measures to limit the commercial fall gill net 
fishery for flounder such that the impacts on ESA-listed sea turtles 
will be minimized. NCDMF would use a variety of adaptive fishery 
management measures and restrictions through their state proclamation 
authority to reduce lethal and non-lethal sea turtle incidental 
capture.
    Specific measures to be implemented each year include: (1) tending 
for gillnets less than 5-inch (12.7-cm) stretched mesh from September 1 
through October 31; (2) prohibiting gillnets [gteqt]5 -inch 
[gteqt]12.7-cm) stretched mesh in areas adjacent to Ocracoke, Hatteras, 
and Oregon Inlets from September 1 through December 15 (note: Although 
the restrictions specified in Permit 1528 apply through December 15 
each year, NCDMF is closing the entire shallow water flounder fishery 
on December 1 each year to prevent overfishing): (3) restricting the 
maximum net length per fishing operation to 2,000 yards (1,828 m); (4) 
requiring NCDMF-issued permits for active fishing operations employing 
large mesh gillnets in restricted areas between September 1 and 
December 15; (5) requiring reporting, safe-handling, and resuscitation 
for sea turtles caught incidental to fishing; and (6) monitoring gear 
interactions in large and small mesh gillnets through a mandatory 
observer program as well as through reports from fishermen and NCDMF 
Marine Patrol.

Comments

    NMFS published a notice of availability on April 1, 2005 (70 FR 
16803), and requested comments on the NCDMF application. NMFS received 
comments from the States of North Carolina, South Carolina, Georgia, 
and Florida, as well as comments from 4 non-governmental organizations.
    NMFS received eight comment letters from individual citizens, of 
which seven were from communities located on the North Carolina coast. 
After the comment period closed, NMFS received a petition with nearly 
1,800 signatures recognizing that the ocean, sounds, and estuaries 
belong to all citizens and protesting the issuance of the permit to 
allow lethal take of 100 sea turtles each year. NMFS also received over 
1,300 e-mails protesting the permit's issuance.
    Comment 1: All individual citizens, as well as the petition 
signers, were concerned about the take levels identified in the 
application and were opposed to issuing the permit. Several respondents 
raised the concern that the benefits of ongoing conservation efforts on 
the nesting beaches to protect eggs as well as efforts to rehabilitate 
and release injured or diseased turtles would be negated by the loss of 
turtles through the issuance of this permit. One respondent cited other 
state's prohibitions on gillnets and questioned North Carolina's 
management of sea turtle bycatch.
    Response. The annual anticipated lethal and nonlethal incidental 
take of sea turtles has been 100 and 320, respectively, and represented 
the upper 95-percent confidence limit in the estimates derived from the 
at-sea observer program conducted from 1999 through 2001. Thus, the 
take level was a worse-case scenario and did not necessarily represent 
what occurred each year. Based on the point estimate, take each year 
has been much lower than what was anticipated in the previous permit: 
2001 = 16 lethal and 46 nonlethal; 2002 = 8 lethal and 162 nonlethal; 
2003 = 15 lethal and 19 nonlethal; and 2004 = 26 lethal and 40 
nonlethal. Indeed, analyses of the data collected in more recent years 
indicate take levels are at least 43 percent lower than previously 
estimated. Based on the new data, NMFS anticipates the new take level 
for Permit 1528 to be 65 lethal and 185 nonlethal. This take level is 
based on the upper 95 percent confidence limit of the estimate for 2002 
which represented the worst year for estimated take. NMFS analyzes the 
highest impact to the protected species (see response to Comment 14), 
but, as stated earlier, it is more likely that the annual take level 
will be much lower than the level specified in Permit 1528. NCDMF will 
monitor its activities on a weekly basis, and should take levels exceed 
those specified in the permit, NCDMF will, in concurrence with NMFS, 
take necessary action to ensure no further takes occur.
    NMFS has determined that each sea turtle species has the capacity 
to replace the lethal take levels specified in Permit 1528 without 
jeopardizing the continued existence of each species. A prerequisite to 
issuing the permit is that NMFS must consult under ESA section 7 to 
determine whether the permitted activities would jeopardize the 
continued existence of the listed sea turtles. NMFS considered the 
status and trends of the sea turtle populations affected by the 
southern flounder fishery. The analysis included all factors, including 
conservation efforts, that have led to the species status. NMFS 
concluded in its section 7 consultation that the permit would not 
jeopardize the continued existence of sea turtles by appreciably 
reducing the likelihood of both the survival and recovery of these 
species. Further, NMFS has determined that NCDMF Permit 1528 meets the 
issuance criteria

[[Page 52986]]

at 50 CFR 222.307(c) in that the southern flounder fishery is a legal 
operation, the 'take' is incidental to the legal activity, and the 
NCDMF has developed and implemented a conservation plan that reduces 
and minimizes the impacts of the take. NCDMF Permit 1528 proscribes 
specific measures to reduce sea turtle incidental take in the southern 
flounder fishery and provides specific monitoring and evaluation 
measures.
    NMFS recognizes that several states have prohibited gillnets to 
prevent interactions with sea turtles. In 2002, NMFS closed Pamlico 
Sound to fishing with large mesh gillnets from September 1 through 
December 15 in order to protect sea turtles. NMFS subsequently issued 
NCDMF a permit to allow the more traditional shallow water fishery to 
operate in the closed area. This earlier permit, as well as NCDMF 
Permit 1528, includes closures around the inlet areas where sea turtle 
interactions were documented to be more frequent. The deepwater closure 
along with the management measures identified in the NCDMF permits have 
greatly reduced sea turtle interactions in the southern flounder 
gillnet fishery. As stated earlier, NCDMF will closely monitor the 
fishery to ensure that sea turtle interactions do not exceed those 
anticipated in the permit.
    Comment 2: The 6-year permit duration was a concern for several 
commenters. They felt the long duration period would hinder timely 
changes to management and weaken evaluation of management measures. 
They also wanted assurances that the management program would be 
evaluated annually and adjusted accordingly.
    Response. Although Permit 1528 is for a 6-year period, it must be 
renewed on an annual basis. Renewal of this permit is not automatic. 
Yearly evaluation of this permit by NMFS will include re-analyses of 
all data. Data include at-sea monitoring, NC Trip Ticket Program, fish 
house checks, enforcement, strandings and other relevant information. 
The permit requires weekly, monthly, and yearly reporting. This 
requirement is unchanged from the previous 3-year permit issued to 
NCDMF. Based on the ongoing reports, weekly, monthly and yearly 
evaluations, NMFS and NCDMF will make adaptive management (see Permit 
1528 IV.A.10. Adaptive Management Protocols) changes to ensure 
conservation of sea turtles. Should a potential problem occur, the 
Adaptive Management Protocols establish a decision making process for 
changing management based on ongoing events and evaluation of data 
collected.
    Comment 3: Additional research should focus on gear modifications 
(e.g., reduced mesh size) or changes to fishing practices (e.g., more 
frequent net-tending) to determine methods to further reduce lethal 
take in the southern flounder fishery
    Response. The goal of NCDMF Permit 1528 is to reduce sea turtle 
take levels by 50 percent from the level recorded in 1999. In tandem 
with the deepwater closure, this goal has been realized each year, and 
take levels have remained well below authorized thresholds for the last 
three years. The majority (70 percent) of all interactions have been 
with live individuals that have been subsequently sampled, and released 
in good condition at or near inlets. NCDMF Permit 1528 stipulates 
measures to reduce interactions including yardage limits, attendance 
requirements on small mesh, and area closures. NCDMF Permit 1528 also 
provides for adaptive management should data and events indicate that 
additional changes to management are necessary to reduce lethal take. 
NCDMF is currently focusing research on modifications to gillnets in 
the deepwater fishery. However, NCDMF will consider testing 
modifications to the shallow water fishery to reduce lethal take of sea 
turtles, while maintaining a viable target catch, should funds become 
available. Additional testing would be done through a modification of 
Permit 1528 or through a separate permit.
    Comment 4: Only one adaptive management measure should be 
implemented at any one time. Should sea turtle mortality rates 
increase, NCDMF must be able to determine which measures may have 
caused the increase.
    Response. Management changes from previous permits specified in the 
new NCDMF Permit 1528 include shifting observer effort to better direct 
resources to time and areas with increased fishing effort and where 
turtle interactions are known to occur. Specifically, there will be a 
goal of 2 percent observer coverage for the first two weeks and the 
last four weeks of the season, while maintaining a goal of 10 percent 
during the rest of the season. Second, fishermen along the mainland 
side of Pamlico Sound will not be required to obtain a permit. Finally, 
only active fishermen need to report each week. These management shifts 
are designed to better direct resources where most necessary for the 
continued protection of sea turtle populations and will be expedited 
through adaptive management and increased enforcement capabilities as 
described below.
    NCDMF anticipates that actual percent coverage may be higher than 
the 2-percent coverage goal for the first two and last four weeks of 
the season. Should an interaction occur during these times, NCDMF will 
increase monitoring in the area in order to characterize and identify 
potential 'hot spots' for turtle interactions. This also facilitates 
the ability to implement management alternatives, such as partial area 
closures, in a timely manner.
    Concerning the mainland side of Pamlico Sound, elimination of the 
permit requirement is warranted due to the lack of observed turtle 
interactions and reduced effort in this area. While fishermen in this 
area will not need a permit, all other stipulations will remain: 
maximum yardage limit, mandatory observer coverage, fishing within 200 
yards (0.18 km) of shore only (shallow water), and proper sea turtle 
reporting, handling, and resuscitation protocols.
    Reporting requirements will be limited to active fishermen as 
opposed to requiring all permitted fishermen to report. This will 
eliminate the staff hours generated in the past in tracking fishermen 
down only to find out they have not fished. For example, in 2004, a 
total of 153 permits were issued from September 1 December 15. The 
highest number of active participants in any week was 61, which 
occurred during the fourth week of the season. Prior to, and after 
that, the mean number of participants each week was 47 and 36, 
respectively. Therefore, the elimination of non-active reporting 
requirements will decrease the amount of resources that NCDMF expends, 
and the added burden to the industry.
    NCDMF Permit 1528 includes Adaptive Management Protocols which 
describe the decision process that will be undertaken to facilitate 
timely (within 48hrs by State proclamation) response to potential 
problems. This will allow for weekly, monthly, and annual changes to be 
made in the management program to protect and conserve sea turtles 
while maintaining an economically viable fishery.
    NCDMF also intends to establish a state closure on top of the NMFS 
closure throughout the Pamlico Sound from December 1 - December 15. 
This will allow increased enforcement capabilities. NCDMF will conduct 
weekly boat patrols, spot checks, and flight surveys. NCDMF anticipates 
a minimum of 30 boat patrols, 15 spot checks and 10 aerial surveys, 
depending on weather. NCDMF observers will also conduct weekly fish 
house visits to obtain names, numbers and landings information that can 
be cross referenced

[[Page 52987]]

to weekly standardized reporting forms from the commercial fishing 
industry, enforcement patrols, and the trip ticket database.
    The changes to management and monitoring measures are designed to 
increase compliance and ensure that the management changes remain 
effective in protecting and conserving sea turtles. The additional 
monitoring through fish house checks, increased enforcement, and at-sea 
observer coverage in areas of concern, provide adequate monitoring to 
ensure that NCDMF can evaluate a suite of changes to management rather 
than implementing each change individually. These changes are 
anticipated to enhance, not decrease, NCDMF's ability to respond to and 
evaluate increases in sea turtle mortality rates as a result of the 
Pamlico Sound shallow water gillnet fishery.
    Comment 5: A commenter requested that each gillnet set should be 
reduced, at a minimum, to 1,000 yards (914.4 m). They estimated that, 
currently, nearly 150 miles (241.4 km) of net would be in the water 
each day during a 3-month period in the fall.
    Response. NCDMF estimated approximately 3.7 to 7.1 miles (5.9 to 
11.4 km) of net are in the water each day from September 1 through 
December 15. Although fishermen are allowed to set 2,000 yards (1.8 
km), many deploy less net than the maximum allowed due to safety, 
weather, and equipment considerations. However, some fishermen rely on 
the maximum allowable yardage to limit adverse economic impacts. The 
existing management measures (e.g., closures around the inlets, tending 
requirements) including the 2,000 yard (1.8 km) limit on sets have been 
shown to be successful at reducing sea turtle interactions. NCDMF and 
NMFS will continue to monitor the effectiveness of the yard limits 
through the Adaptive Management Protocols specified in Permit 1528.
    Comment 6: The conservation plan should include development of 
other ways to harvest flounder in Pamlico Sound without the use of gill 
nets.
    Response: The NCDMF gear development program is committed to 
working with the commercial industry to develop better fishing gears 
that decrease finfish and protected species bycatch, while maintaining 
target catches. In the Pamlico Sound deep-water region, there have been 
two experimental gillnet configurations tested in 2002 and 2004, and a 
third and final project is scheduled for 2006. These projects have 
tested gillnets designed to reduce sea turtle interactions, while 
maintaining flounder catches. The technology from this research will 
offer fishery managers the knowledge to discuss the potential use of 
this gear in the deep-water region of Pamlico Sound, as well as the 
potential use of this gear in other fisheries throughout the Atlantic 
States. NCDMF will continue working with the commercial fishing 
industries to identify fishing gear that is more efficient and 
decreases bycatch.
    Comment 7: The conservation plan states that if takes exceed the 
threshold, NCDMF will selectively close fisheries to reduce 
interactions between sea turtles and commercial fishing gear. However, 
if take is exceeded, all gillnet fisheries must be closed.
    Response: NMFS will maintain the provisions of previous permits in 
that if estimated or observed sea turtle interactions or mortalities 
under the permit exceed thresholds within the GNRAs specified in the 
permit, NCDMF must immediately close the GNRA to fishing with gillnets. 
NCDMF must then analyze the available observer data and consult with 
NMFS to determine the appropriate next steps.
    Comment 8: Attendance should be required of all gill nets to ensure 
that sea turtles are removed as soon as possible from the gear.
    Response: Attendance of large mesh gillnets during the fall months 
throughout Pamlico Sound could pose a serious threat to commercial 
fishermen operating at that time. Prevailing wind directions and speed, 
and subsequent shifting water currents throughout Pamlico Sound during 
the fall can be unpredictable and changing in a short amount of time. 
Fishermen who use large mesh gillnets for southern flounder deploy 
their gear typically in the evenings and retrieve in the mornings. 
Because this is a shallow-water fall fishery where nets are generally 
soaked 12 hours or less, and waters are cooler, the mortality of 
finfish bycatch and protected species bycatch is lower. The majority 
(70 percent) of all sea turtles observed captured in this gear to date 
have been alive, examined, and released.
    Comment 9: NCDMF should increase observer coverage to greater than 
10 percent to ensure statistically valid monitoring of endangered and 
threatened sea turtles.
    Response: A goal of 10-percent observer coverage has been the 
protocol since the inception of the first permit issued in 2000. This 
coverage level has resulted in statistically valid bycatch estimates 
for 2000 through 2004. The relatively small area fished, number of 
vessels, access to vessels, and excellent observer training program, 
limit the degree of bias in the estimates. Although we agree that 
increasing coverage will result in better estimates, NCDMF's resources 
are finite and the 10 percent coverage has been sufficient to ensure 
monitoring and evaluating sea turtle interactions in the Pamlico Sound 
shallow water gillnet fishery. NCDMF will also redirect observer 
coverage when and where needed through the Adaptive Management 
Protocols established in Permit 1528.
    Comment 10: Observer coverage should be maintained at 10 percent 
during September 1-15 and in November because of annual variability and 
the possibility of a clumped distribution of turtles.
    Response: While a minimum goal of 2-percent coverage will be 
established during these times, if a sea turtle interaction is observed 
or reported, the coverage will increase significantly. Monitoring 
efforts have always been increased when sea turtle interactions occur 
to accurately characterize interactions and identify potential 
``hotspots''. Therefore, if sea turtle interactions are reported (by 
the fishermen) or observed between September 1 - September 15, and 
November 1 November 30, increased monitoring will occur. Characterizing 
the fishery in this way has allowed NCDMF the opportunity to implement 
management alternatives (i.e., area closures) in a timely manner.
    Comment 11: At-sea observer programs should not be supplanted by 
self-reporting.
    Response: Permit 1528 will not supplant at-sea monitoring with 
reports from fishermen. Data have been collected from both sources 
since the inception of the management program in 2000. To ensure proper 
coverage is maintained and industry compliance continues, NCDMF will 
implement increased enforcement efforts (see responses to Comments 2 
and 4).
    Comment 12: Several commenters were unclear on how compliance of 
non-active fishermen will be monitored, given fishermen are no longer 
required to report during weeks they are not fishing.
    Response: In previous years, only one-half of permitted fishermen 
actually fished, yet all were required to submit weekly reports. 
Maintaining this reporting requirement was costly and burdensome to 
NCDMF and to those individuals who were not actively fishing. Although 
Permit 1528 removes this requirement, NCDMF has developed a monitoring 
program that will ensure compliance (see response to Comments 2 and 4).

[[Page 52988]]

    Comment 13: The application lacks detail on how estimates are 
derived. This information is important in order to assess the 
effectiveness of the conservation plan.
    Response: The sampling area has been stratified by area and week 
for sea turtle bycatch estimates. Observed point estimates are made 
each week for each area. A stratified ratio method will be used to 
estimate the number of sea turtles caught per unit of fishing effort 
(fishing effort is measured by yards of gillnet multiplied by soak days 
reported through logbooks). These observed takes are extrapolated by 
the total reported effort each week in each area to obtain an estimate. 
These weekly estimates are cumulative such that reaching the estimated 
threshold would result in revocation of Permit 1528.
    Comment 14: Take levels are meant to represent expectations and, 
therefore, a mean estimated take derived from the previous years 
estimates would be a more appropriate take level for the new permit.
    Response: Take levels are based on the anticipated take that may 
occur as a result of the action. However, because of natural 
variability in sea turtle abundance, environmental conditions, and 
chance events, annual variability in sea turtle interactions can be 
quite high. It is more appropriate to utilize a reasonable worst-case 
scenario. We used the upper one-sided 95-percent confidence limit 
calculated from observer program and effort data, from the year with 
the highest estimated take. Similarly, we used a worst-case scenario in 
order to determine whether issuance of Permit 1528 would result in 
jeopardizing the continued existence of listed species. This is a 
conservative approach that considers the impacts to the species at a 
higher take level than what is likely to occur in any given year. Every 
year since the shallow-water Pamlico Sound flounder gillnet fishery has 
been opened under a section 10 permit, the estimated take levels have 
been significantly lower than the levels specified in the permits (see 
response to Comment 1).
    Comment 15: NCDMF should complete an analysis of the impact of the 
pre-1999 mortality rate on the larger sea turtle populations, with a 
special emphasis on juvenile and sub-adult mortality. Permit 1528's 50-
percent take reduction goal is based on the 1999 levels of strandings, 
which did not represent normal stranding years. Permit 1528 should have 
reduced take levels which more closely track previous inshore 
strandings from all sources.
    Response: The 50-percent take reduction goal based on the 1999 
levels of strandings in the original permit was a result of a lack of 
fishery data to estimate the expected take levels from the gillnet 
fishery. It was expected that the measures enacted would be sufficient 
to result in a 50-percent reduction in strandings, which was being used 
as a proxy for take in the fishery because of a lack of observer data. 
The results were as expected, and strandings dropped below 50 percent 
of 1999 levels. As a result of observer coverage in the large-mesh 
Pamlico Sound flounder gillnet fishery required by the previous ESA 
section 10 permits, Permit 1528 is now established based on the 
expected take levels in the fishery as calculated from observer and 
effort data. Using observer and effort data provides the most 
appropriate reflection of the expected fishery impacts. Under the 
original strandings-based permit issued in 2000, loggerhead and Kemp's 
ridley turtles were the predominant species expected to be taken, 
because strandings from other sources, including the now closed deep 
water gillnet component of the fishery, were included. With the more 
accurate and fishery-specific data from the observers, it is evident 
that the shallow water flounder gillnet fishery predominantly takes 
green sea turtles, with loggerhead and Kemp's ridley turtles taken more 
sporadically and in lesser numbers.
    Section 7 biological opinions related to this and previous permits 
for this fishery have determined that the expected take levels as a 
result of a deep-water closure and issuance of a permit to allow a 
managed, shallow water fishery do not jeopardize the continued 
existence of any of the sea turtle species. This analysis is based on 
the anticipated take level of the proposed action, the status and 
trends on the sea turtle populations, and any past, present, or future 
impacts that may occur in the action area. Because this expected take 
level does not jeopardize the continued existence of any sea turtle 
species, the biological reduction goal which is based on a reduction 
from the higher stranding levels in 1999 has been determined to be 
adequate under the issuance criteria of 50 CFR 222.307(c).
    It is also important to note that since the inception of the deep-
water closure (66 FR 50350, October 3, 2001) and the management 
restrictions specified under the ESA section 10 permits, stranding 
levels in Pamlico Sound have remained substantially lower than in 
previous years.
    Comment 16: The application does not specify whether takes of 
leatherbacks and hawksbills are live or lethal. The takes should 
include live or lethal take.
    Response: As in previous permits, Permit 1528 includes two 
hawksbills and two leatherbacks, observed, not extrapolated, live or 
dead.
    Comment 17: NMFS must conduct an ESA section 7 consultation which 
accounts for baseline information and cumulative impacts as specified 
under 50 CFR 402.02.
    Response: As with previous permits, NMFS conducted a section 7 
analysis which assessed baseline information and considered cumulative 
effects and concluded on August 19, 2005, that the issuance of Permit 
1528 would not likely jeopardize the continued existence of listed sea 
turtles. See ADDRESSES for a copy of the biological opinion.
    Comment 18: The application qualifies as a major Federal action and 
thus must be analyzed through an Environmental Impact Statement (EIS).
    Response: NMFS has determined that the issuance of Permit 1528 does 
not constitute a major Federal action that may significantly affect the 
quality of the human environment. The management of the shallow water 
gillnet fishery in Pamlico Sound does not pose a public health or 
safety concern, and the effects can be sufficiently analyzed under an 
Environmental Assessment (EA) (NOA 216-6 section 6.03.e.2(d)).
    The shallow water fishery is composed of less than 100 active 
participants operating in a limited geographic area next to the barrier 
islands in Pamlico Sound. The fishermen are all local, with home ports 
in the surrounding counties of Carteret, Pamlico, Hyde, and Dare. The 
economies in these fishing communities are heavily dependent on the 
seafood industry, and many of these fishermen have diversified into 
other fisheries, particularly blue crab or ocean gillnet fisheries, and 
some have other income from shoreline work. Pamlico Sound is a complex 
estuarine system and is highly productive. The area supports a diverse 
array of submerged aquatic vegetation, shorebird species, and marine 
organisms such as shrimp, crabs, oysters, clams, and finfish. NMFS 
analyzed the impacts to society, both beneficial and adverse, that may 
result by issuing Permit 1528 and determined the impact to be not 
significant. See ADDRESSES for a copy of the EA.
    Comment 19: NMFS should make its analyses on the issuance of Permit 
1528 available to the public and solicit another round of comments 
prior to issuance of the permit.
    Response: While a second round of public comments may be beneficial 
to

[[Page 52989]]

the public at large, the Pamlico Sound shallow water fishery begins 
September 1. A second round of public comments would likely result in 
issuing Permit 1528 well past the September start date. NMFS will 
accept, at any time, comments and additional data on Permit 1528. This 
information will be considered in annual reauthorization of Permit 
1528.
    Comment 20: Observer coverage must be mandatory and adequate, and 
funding must be assured. One commenter felt that NMFS should fund at 
least 50 percent or more of the observer program.
    Response: Observer coverage will be a mandatory requirement of the 
permit. NCDMF is expected to have adequate funds to provide the 
mandatory observer coverage. The permit requires the stipulated levels 
of observer coverage, and therefore if the required levels cannot be 
met, management actions would be undertaken to address the issue.
    As to NMFS funding some level of the observer program, ESA section 
10(a)(2) clearly specifies that the applicant is responsible for 
identifying available funds for conservation plans under section 
10(a)(1)(B). However, NMFS works closely with NCDMF to help identify 
appropriate funding sources, as well as provide funding support when 
appropriate and when funds are available.
    Comment 21: NMFS needs to expeditiously address the problem of the 
cumulative impact of Atlantic gillnets, not just the impacts from the 
Pamlico Sound gillnet fisheries.
    Response: NMFS recognizes the need to take a broader, gear-based 
approach to dealing with fishery impacts on sea turtles. NMFS has 
devoted staff to gather information on a coastwide gear-basis, however, 
assimilation and evaluation of this information is a long-term process 
that is still in its early stages. In managing impacts to sea turtles, 
however, cumulative impacts from both fishery and non-fishery sources 
are always considered and are taken into account when we analyze 
actions in pursuant to ESA section 7 jeopardy determinations.
    Comment 22: NMFS should continue to support research on the 
seasonal abundance and distribution of sea turtles in North Carolina 
waters to determine which inshore, nearshore, and offshore habitats and 
migratory routes are used by turtles.
    Response: NMFS, along with NCDMF, has continuing programs that 
provide valuable information to help determine migratory routes and 
important sea turtle habitats. Various sources of information including 
observer programs and directed research conducted and/or funded by NMFS 
and NCDMF are providing information leading to a better understanding 
of sea turtles in North Carolina waters.
    Comment 23: Pound net interactions data need to be made available 
to help develop future management efforts.
    Response: Interaction data from various fishery observer programs, 
and directed research, including the pound net fisheries, are always 
used where appropriate to get a better understanding of sea turtle 
abundance, distribution, behavior, and habitat use in order to aid 
future management efforts. When pound net data are fully analyzed and 
available, NMFS will review the data to determine whether changes are 
necessary to future management efforts.
    Upon a review of the application, relevant documents, public 
comments, and further discussions with NCDMF, NMFS found that the 
application met the criteria for issuance of 50 CFR 222.307(c). Permit 
1528 was issued on August 26, 2005, and expires on December 31, 2010.

    Dated: August 30, 2005.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Turtle Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 05-17638 Filed 9-2-05; 8:45 am]
BILLING CODE 3510-22-S


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