51398 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 

NMFS.Pr1Comments@noaa.gov. Please 

include the File No. 20626 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits and Conservation 

Division at the address listed above. The 

request should set forth the specific 

reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Hubard or Shasta McClenahan, 

(301) 427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226). 

The applicant requests a five-year 

permit to conduct aerial and vessel 

surveys for North Atlantic right whales 

(NARW) off South Carolina, Georgia, 

and Florida. The primary study area is 

in Florida from St. Augustine to 

Canaveral National Seashore. Research 

would mainly occur in coastal waters. 

Survey platforms include boats, 

airplanes, aerostats, blimps, and 

unmanned aircraft systems. Up to 160 

NARW could be approached annually 

(100 via aerial surveys, 60 via vessel 

surveys) for behavioral observations, 

photo-identification, counts, and 

passive acoustic recordings. Up to 10 

humpback whales may be encountered 

annually and would be studied in the 

same manner as NARW. Bottlenose 

(Tursiops truncatus) and Atlantic 

spotted (Stenella frontalis) dolphins and 

minke (Balaenoptera acutorostrata) and 

fin (B. physalus) whales may be 

incidentally harassed. The objectives of 

the research are to: (1) Improve 

knowledge of NARW habitat utilization; 

(2) help monitor annual reproductive 

success; (3) develop and implement 

programs for population monitoring in 

the portion of the NARW critical habitat 

between St. Augustine, Florida and 

Canaveral National Seashore; (4) assist 

in both pre- and post-tag observations 

(e.g., documentation of post-tag healing 

and tag retention) of whales tagged by 

other permit holders; (5) contribute to 

the NARW photo-identification catalog; 

and (6) contribute data on the cooccurrence of NARW and human 

activities. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), 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. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: October 31, 2017. 

Julia Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2017–24029 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF751 

Notice of Availability of Draft 

Environmental Assessment on the 

Effects of Issuing an Incidental Take 

Permit No. 21293 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of a Draft 

Environmental Assessment; request for 

comments. 

SUMMARY: NMFS announces the 

availability of the ‘‘Draft Environmental 

Assessment (EA) on the Effects of 

Issuing an Incidental Take Permit (ITP) 

(No. 21293) to Mr. Jack Rudloe, Gulf 

Specimen Marine Laboratories, Inc. 

(GSML), pursuant to the Endangered 

Species Act of 1973, as amended (ESA). 

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. 21293 to GSML 

for the incidental take of Gulf sturgeon 

(Acipenser oxyrinchus desotoi) or 

loggerhead (Caretta caretta Northwest 

Atlantic Ocean Distinct Population 

Segment), green (Chelonia mydas North 

Atlantic Distinct Population Segment), 

Kemp’s ridley (Lepidochelys kempii) 

and leatherback sea turtles 

(Dermochelys coriacea) associated with 

the otherwise lawful trawling activities 

in Florida state waters of Bay, Gulf, 

Franklin, and Wakulla Counties to 

harvest marine organisms for the 

purpose of supplying entities 

conducting scientific research and 

educational activities. All comments 

received will become part of the public 

record and will be available for review. 

An electronic copy of the revised 

application and proposed conservation 

plan may be obtained by contacting 

NMFS Office of Protected Resources 

(see FOR FURTHER INFORMATION CONTACT) 

or visiting the internet at 

www.nmfs.noaa.gov/pr/permits/esa_

review.htm. 

DATES: Written comments must be 

received at the appropriate address or 

fax number (see ADDRESSES) on or before 

December 6, 2017. 

ADDRESSES: The EA is available for 

download and review at http://

www.nmfs.noaa.gov/pr/permits/esa_

review.htm under the section heading 

ESA Section 10(a)(1)(B) Permits and 

Applications. The application is also 

available upon written request or by 

appointment in the following office: 

Endangered Species Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13535, Silver Spring, MD 20910; phone 

(301)427–8403; fax (301)713–4060. 

You may submit comments, identified 

by ‘‘NOAA–NMFS–2017–0132’’, by any 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0132 click the ‘‘Comment Now’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Fax: (301) 427–8403; Attn: Ron 

Dean or Angela Somma. 

• Mail: Submit written comments to 

Endangered Species Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13535, Silver Spring, MD 20910; Attn: 

Ron Dean or Angela Somma. 

Instructions: You must submit 

comments by one of the above methods 

to ensure that we receive, document, 

and consider them. 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. 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.) 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 


Pmangrum on DSK3GDR082PROD with NOTICES
Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 51399 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe PDF file formats 

only. 

FOR FURTHER INFORMATION CONTACT: Ron 

Dean or Angela Somma, (301) 427–8403. 

SUPPLEMENTARY INFORMATION: Section 9 

of the ESA and Federal regulations 

prohibits 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. The regulations for issuing 

incidental take permits for threatened 

and endangered species are 

promulgated at 50 CFR 222.307. 

NMFS received a permit application 

from GSML on February 4, 2016. Based 

on our review of the application, we 

requested further information and 

clarification. On July 22, 2016, GSML 

submitted supplemental information to 

its application. NMFS and GSML held 

further discussions on amount and 

extent of anticipated takes and 

clarifications of gear type to be used. On 

March 16, 2017, NMFS notified GSML 

of this approach, and GSML confirmed 

the updated approach on March 21, 

2017. 

On April 12, 2017, we published a 

notice of application receipt and 

requested review and comment on the 

application and conservation plan in the 

Federal Register (82 FR 17638). The 

public comment period for the 

application and conservation plan 

ended May 12, 2017. 

Through this notice, we are making 

the Draft EA available for comment and 

review. The EA analyzes the effects to 

the human and natural environment 

caused by the issuance of ITP No. 21293 

to GSML for the incidental take of Gulf 

sturgeon (Acipenser oxyrinchus desotoi) 

and loggerhead (Caretta caretta 

Northwest Atlantic Ocean Distinct 

Population Segment), green (Chelonia 

mydas North Atlantic Distinct 

Population Segment), Kemp’s ridley 

(Lepidochelys kempii) and leatherback 

sea turtles (Dermochelys coriacea) 

associated with the otherwise lawful 

trawling activities in Florida state 

waters of Bay, Gulf, Franklin, and 

Wakulla Counties to harvest marine 

organisms for the purpose of supplying 

entities conducting scientific research 

and educational activities. As required 

by regulations implementing section 

10(a)(1)(B) of the ESA, the conservation 

plan must specify, based on the best 

scientific and commercial data 

available: 

• The impact which will likely result 

from the taking; 

• How the applicant will minimize 

and mitigate those impacts, and the 

funding available to implement; 

• What alternative actions the 

applicant considered, and why those 

actions are not being pursued; 

• Other measures the Secretary of 

Commerce may require; and 

• All sources of data relied on in 

preparing the plan. 

The conservation plan prepared by 

GSML describes measures designed to 

monitor, minimize, and mitigate the 

incidental take of ESA-listed species. 

Alternatives Considered 

In preparing the Draft EA, NMFS 

considered the following 2 alternatives 

for the action: 

Alternative 1—No Action. Under the 

No Action alternative no ITP would be 

issued for the incidental take of Gulf 

sturgeon (Acipenser oxyrinchus 

desotoi), or loggerhead (Caretta caretta 

Northwest Atlantic Ocean Distinct 

Population Segment), green (Chelonia 

mydas North Atlantic Distinct 

Population Segment), Kemp’s ridley 

(Lepidochelys kempii) and leatherback 

sea turtles (Dermochelys coriacea) 

associated with the otherwise lawful 

trawling activities in Florida state 

waters of Bay, Gulf, Franklin, and 

Wakulla Counties to harvest marine 

organisms for the purpose of supplying 

entities conducting scientific research 

and educational activities. GSML would 

not receive an exemption from the ESA 

prohibitions against take. 

Alternative 2—(Proposed) Issue ITP as 

Requested in Application. Under 

Alternative 2, an ITP would be issued to 

exempt GSML from the ESA prohibition 

on taking ESA listed species. 

The Draft EA presents the scientific 

and analytic basis for comparison of the 

direct, indirect, and cumulative effects 

of the alternatives. Regulations for 

implementing NEPA (42 U.S.C. 4331 et 

seq.) require considerations of both the 

context and intensity of a proposed 

action (40 CFR 1508.27). This 

alternative would eliminate the possible 

risk to sea turtles, Gulf sturgeon, and 

benthic habitat associated with the 

trawling activity. However, it would not 

allow GSML to conduct its trawling, 

which would affect its non-profit 

activities. GSML is engaged in marine 

education, research, and coastal 

conservation. Since NMFS has 

concluded, in its biological opinion, 

pursuant to section 7(b) of the ESA, that 

ITP No. 21293, as proposed, is not likely 

to jeopardize the continued existence of 

the leatherback, loggerhead, green, 

Kemp’s ridley turtles and Gulf sturgeon 

and is not likely to destroy or adversely 

modify designated critical habitat, it 

would be difficult to justify denial of the 

permit. 

Social and Economic Impacts 

NMFS would not issue an ITP under 

the No Action Alternative (Alternative 

1). Because no incidental take permit 

would be issued, GSML would not 

receive an exemption from the ESA 

prohibitions against take; therefore, any 

incidental takes of ESA listed species 

under NMFS’ jurisdiction would not be 

exempted. Because this alternative 

would affect GSML’s ability to engage in 

marine education, research, and coastal 

conservation, the No Action Alternative 

would have more of a socio-economic 

impact than the other alternative. 

The issuance of the Permit as 

Requested in the Application 

(Alternative 2 Proposed Action) would 

allow GSML to continue to engage in 

marine education, research, and coastal 

conservation. This would result in less 

socio-economic costs than the No 

Action alternative (Alternative 1). 

Next Steps 

This notice is provided pursuant to 

section 10(c) of the ESA. The 

application, supporting documents, 

public comments, and views already 

received by the agency, as well as those 

submitted in response to this notice, 

will be fully considered and evaluated 

as we prepare the final EA and 

determine whether to issue a Finding of 

No Significant Impact. The final NEPA 

document and ITP determinations will 

not be completed until after the 30-day 

comment period ends. NMFS will 

publish a record of its final action in the 

Federal Register. We will also make any 

final NEPA documents available to the 

public. 

Dated: October 27, 2017. 

Angela Somma, 

Chief, Endangered Species Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2017–24115 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–22–P 


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