[Federal Register: April 5, 2002 (Volume 67, Number 66)]
[Notices]
[Page 16367-16368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap02-41]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032602B]
Receipt of an Application for an Incidental Take Permit (1357)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
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SUMMARY: NMFS has received an application for an incidental take permit
from the State of Hawaii's Department of Land and Natural Resources
(DLNR), Division of Aquatic Resources (DAR) pursuant to the Endangered
Species Act of 1973, as amended (ESA). As required by the ESA, the
DAR'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 sea turtles
associated with otherwise lawful fisheries occurring in state waters
(shoreline to the extent of state jurisdiction), which are under the
State's management authority (except for federal pelagic and bottomfish
fisheries managed by the Western Pacific Regional Fishery Management
Council). The duration of the proposed permit is July 1, 2002 to June
30, 2005. 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 pursuant to the ESA.
DATES: Written comments from interested parties on the permit
application and conservation plan must be received (see ADDRESSES) no
later than 5 p.m. Eastern daylight time on May 6, 2002.
ADDRESSES: Written comments on this action should be addressed to the
Chief, Endangered Species Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments may
also be sent via fax to 301-713-0376. The application is available for
download and review at http://www.nmfs.noaa.gov/prot--res/PR3/Permits/
ESAPermit.html. Comments will not be accepted if submitted via e-mail
or the Internet.
FOR FURTHER INFORMATION CONTACT: Margaret Akamine Dupree (ph.808-973-
2935, fax 808-973-2941, e-mail Margaret.Dupree@noaa.gov) or Therese
Conant (ph. 301-713-1401, fax 301-713-0376, e-mail
Therese.Conant@noaa.gov). Comments received will also be available for
public inspection, by appointment, during normal business hours by
calling 301-713-1401.
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
certain conditions, 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 plan and permit
application: Loggerhead (Caretta caretta), green (Chelonia mydas),
leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata),
and olive ridley (Lepidochelys olivacea) sea turtles.
Background
On March 21, 2002, the DAR submitted an application to NMFS for an
ESA section 10(a)(1)(B) permit for an incidental take of ESA-listed sea
turtles associated with state-managed fisheries. The application
request is for the three year period from July 1, 2002 to June 30,
2005. This permit would allow for the continued take of sea turtles
incidental to the recreational and commercial harvest of fish in state
waters of Hawaii and provide conservation for sea turtles.
Conservation Plan
The conservation plan prepared by the DAR and included in the
application describes measures designed to monitor, minimize, and
mitigate the incidental takes of ESA-listed sea turtles in what it
refers to as the ``inshore fisheries.''
[[Page 16368]]
Inshore fisheries occur in Hawaii state waters (shoreline to the
extent of state jurisdiction) which are under the State's management
authority (except for federal pelagic and bottomfish fisheries managed
by the Western Pacific Regional Fishery Management Council). This
includes both recreational fishing and commercial fishing. Many
different kinds of fishing methods exist and, in aggregate, fishing
occurs throughout the year and along all accessible coastlines.
Hawaiian fishermen utilize gear in four broad categories: hook-and-
line, net, trap and spear. There is a diverse array of gear and gear
configurations within these categories.
The DAR conservation plan includes a monitoring program to
accurately estimate the annual take of sea turtles by inshore fisheries
and to assess the effect of mitigation measures on addressing goals and
objectives. The plan would also work to reduce the lethal take of sea
turtles (all species combined) by 25 percent from 2002 levels and
reduce the total take by 10 percent. Incidental mortalities of ESA-
listed sea turtles associated with the Hawaii inshore marine fisheries
are requested at levels specified in the permit application. The plan
would protect critical inshore foraging and resting habitat from the
impacts of the permitted activity.
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
public comments 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: April 1, 2002.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 02-8190 Filed 4-4-02; 8:45 am]
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