[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Page 39442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19131]
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DEPARTMENT OF COMMERCE
[I.D. 072296C]
Endangered Species; Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of permit 1008 for incidental take (P609).
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SUMMARY: Notice is hereby given that NMFS has issued Permit 1008 to the
North Carolina Division of Marine Fisheries (NCDMF) for the incidental
take of listed sea turtles.
ADDRESSES: The application and related documents are available for
review by appointment in the following offices:
Office of Protected Resources, F/PR8, NMFS, 1315 East-West Hwy.,
Room 13307, Silver Spring, MD 20910-3226 (301-713-1401); and
Director, Southeast Region, NMFS, NOAA, 9721 Executive Center
Drive, St. Petersburg, FL 33702-2432 (813-893-3141).
SUPPLEMENTARY INFORMATION: Notice was published on June 6, 1996 (61 FR
28854) that an application had been filed by NCDMF for the incidental
take of listed sea turtles as authorized by the Endangered Species Act
of 1973 (ESA) (16 U.S.C. 1531-1543) and NMFS regulations governing
listed fish and wildlife permits (50 CFR parts 217-222).
NCDMF requested a five-year permit for the incidental take of sea
turtles by shrimp trawling activities in North Carolina in a restricted
area up to 1 nm offshore from Rich's Inlet (34 deg.17.6'N) to Brown's
Inlet (34 deg.35.7'N). This permit replaces the NMFS 1992-1995
temporary rules which allowed shrimp trawlers to use shorter tow times
in lieu of towing turtle excluder devices (TEDs), due to the heavy
concentration of algae in this restricted area which clogs the TEDs and
renders them inoperable. The exemption period will be from April 1
through November 30 from 1996-2000. Each year, when NCDMF determines
that the algae concentration is heavy enough to render TEDs inoperable,
they will issue a proclamation allowing shrimpers to apply for tow-time
exemption permits. Tow times, measured from the time the trawl doors
enter the water until the time they are removed from the water, would
be limited to 55 minutes between April 1 and October 30, and 75 minutes
for the month of November. NCDMF would consult with NMFS if the
following lethal take occurred in any one year that was directly
attributable to tow-time exemption tows: one Kemp's ridley, hawksbill,
green, or leatherback turtle, or two loggerhead turtles. There are
approximately 20-45 shrimp trawlers utilizing the restricted area. Tow
times will be monitored from shore, and there will be 5% observer
coverage in the restricted area for at least the first year of the
permit. In addition, NCDMF will impose further restrictions as
necessary, including terminating the tow-time option should algae
concentrations decrease enough to make TEDs practicable.
On July 15, 1996, NMFS issued Permit 1008 for the above incidental
take. Issuance of this permit, as required by the ESA, was based on a
finding that: (1) The taking will be incidental; (2) the applicant
will, to the maximum extent practicable, monitor, minimize, and
mitigate the impacts of such taking; (3) the taking will not
appreciably reduce the likelihood of the survival and recovery of the
species in the wild; and (4) there are adequate assurances that the
conservation plan will be funded and implemented, including any
measures required by the Assistant Administrator.
Dated: July 22, 1996.
Robert C. Ziobro,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 96-19131 Filed 7-26-96; 8:45 am]
BILLING CODE 3510-22-F
