[Federal Register: August 31, 2005 (Volume 70, Number 168)]
[Notices]
[Page 51756-51757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au05-57]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 082205A]
Issuance of an Incidental Take Permit (1529)
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 of that NMFS issued on August 17, 2005,
an incidental take permit 1529 to David N. Hata, Ph.D., Virginia
Polytechnic Institute and State University (Virginia Tech) pursuant to
the Endangered Species Act of 1973, as amended (ESA). As required by
the ESA, the 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 research to assess
horseshoe crab abundance from Cape Cod, Massachusetts south to the
Georgia-Florida border. The duration of the proposed Permit is for 7
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 conservation plan is 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 Therese.Conant@noaa.gov.)
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 received an application from Dr. Hata on April 2, 2004. Based
on a review of the application, NMFS determined that the application
was incomplete and requested further information. The applicant
submitted a revised application on January 10, 2005. NMFS published a
notice of receipt and requested comment on the revised application (70
FR 19733, April 14, 2005). No comments were received.
The application is for incidental take of ESA-listed species that
may result from proposed research. The proposed research activity will
consist of annual horseshoe crab abundance monitoring surveys and
associated studies to evaluate survey methodology. The annual trawl
surveys will provide abundance, distribution and demographic
information in support of the horseshoe crab Fishery Management Plan of
the Atlantic States Marine Fisheries Commission. The surveys will be
conducted from Cape Cod, Massachusetts to the Georgia-Florida border.
Sampling consists of approximately 48 days at sea for a total of 250
tows deploying flounder and whelk trawls intended to capture horseshoe
crabs for examination and enumeration. Tows will be no longer than 15
minutes of bottom time and will be conducted at night from mid-August
through mid-November. Turtle excluder devices will not be installed in
the trawl gear because these devices may hinder capture of horseshoe
crabs. Thus, it is anticipated that fish and sea turtles will be
captured by the unmodified gears. The application anticipates the
annual capture of one lethal or non-lethal leatherback, one lethal or
non-lethal hawksbill, one lethal and 3 non-lethal green, 2 lethal and
34 non-lethal loggerheads, one lethal and 15 non-lethal Kemp's ridley
sea turtles in 48 days of sampling. The lethal take numbers are based
on a 3 percent mortality rate which is the rate published for trawl
fisheries with less than a 40 minute tow time (NMFS Southeast Fisheries
Science Center Tech. Memo. NMFS-SEFSC-455 2002).
[[Page 51757]]
Conservation Plan
The conservation plan prepared by the applicant describes measures
designed to monitor, minimize, and mitigate the incidental takes of
ESA-listed sea turtles. The conservation plan includes limiting
sampling effort in areas and times where sea turtles are likely to be
present; avoiding coral and rock habitats associated with hawksbills
and areas of submerged aquatic vegetation associated with green
turtles; using minimal tow durations; avoiding areas of high fishing
vessel activity which may attract foraging sea turtles and may increase
the chance of multiple captures.
All activities will be conducted under the direct supervision of
scientific parties from Virginia Tech. Sampling will not be conducted
when sea turtles are observed in the area. If a sea turtle is captured,
all efforts will be made to release the turtle as quickly as possible
with minimal trauma. If necessary, resuscitation will be attempted as
proscribed by 50 CFR 223.206. Scientific parties will be familiarized
with resuscitation techniques prior to surveys, and a copy of the
resuscitation guidelines will be carried aboard the vessel during
survey activities. In the event resuscitation is unsuccessful, the sea
turtle will be transferred to the sea turtle stranding network of the
appropriate jurisdiction. Other monitoring or mitigation actions will
be undertaken as required.
The applicant considered and rejected three other alternatives: Not
applying for a permit; conducting the research in an area where ESA-
listed species do not occur; and using different sampling gear when
developing their conservation plan.
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
1529 was issued on August 17, 2005, and expires on December 15, 2011.
Dated: August 26, 2005.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Turtle Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 05-17343 Filed 8-30-05; 8:45 am]
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