[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21413-21415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08092]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA107]
Endangered Species; File No. 23861
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
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SUMMARY: Notice is hereby given that Midwest Biodiversity Institute
(MBI) has applied in due form for a permit pursuant to the Endangered
Species Act
[[Page 21414]]
of 1973, as amended (ESA). The permit application is for the incidental
take of ESA-listed shortnose sturgeon (Acipenser brevirostrum), Gulf of
Main Distinct population segment (GOM DPS) Atlantic sturgeon, or the
New York Bight (NYB DPS) of Atlantic sturgeon. (A. oxyrinchus) and the
GOM DPS Atlantic salmon (Salmo salar) associated with the otherwise
lawful sampling of non-ESA listed fish in the Lower Kennebec River. The
duration of the proposed permit is 10 years. NMFS is furnishing this
notice in order to allow other agencies and the public an opportunity
to review and comment on the application materials. 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
https://www.fisheries.noaa.gov/action/incidental-take-permit-midwest-biodiversity-institute.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before May 18, 2020.
ADDRESSES: The application is available for download and review at
https://www.fisheries.noaa.gov/action/incidental-take-permit-midwest-biodiversity-institute 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 13752, Silver Spring, MD
20910; phone (301) 427-8402; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2020-0059, 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-2020-0059 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Celeste Stout.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13631, Silver Spring, MD 20910; Attn: Celeste Stout.
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 anonymous).
FOR FURTHER INFORMATION CONTACT: Celeste Stout, Phone: (301) 427-8436
or Email: [email protected].
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit 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. NMFS regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.
Background
NMFS received a permit application from MBI on January 31, 2020.
Based on our initial review of the application and conservation plan,
we requested further information and clarification. On March 30, 2020,
MBI submitted a revised and complete application for the take of ESA-
listed shortnose sturgeon, Atlantic sturgeon and Atlantic salmon due to
the sampling of non-ESA listed fish in the Lower Kennebec River. MBI
proposes to continue an 18 yearlong (2002-19) systematic assessment of
the fish assemblages at seven sites in an approximate 17.5 mile (28.2
km) reach of the Lower Kennebec River and three sites in a 6 mile (9.7
km) reach of the Sebasticook River. MBI will conduct boat
electrofishing where electric current is generated by a Smith-Root
Generator Powered Pulsator and transmitted into the water by an
electrode array suspended from the bow of 16-18 foot long (25-29 km)
jon boats or a 16 foot long inflatable Wing raft. NMFS determined that
the application contained sufficient information for review and
consideration under section 10(a)(1)(B) of the ESA. MBI is requesting a
total annual incidental take of four Atlantic salmon, four Atlantic
sturgeon and five shortnose sturgeon for a permit duration of 10-years.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by MBI describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose
sturgeon, Atlantic sturgeon and Atlantic salmon. To avoid and minimize
take of ESA listed species, MBI will: (1) Only sample during the late
summer and early fall to avoid potential risk to early life stages and
juveniles, as these life stages of shortnose and Atlantic sturgeon
species are not present in the river during that time period. There is
no risk to Atlantic salmon early life stages because spawning and
rearing occurs in tributaries well outside of the proposed study area.
(2) MBI will notify NOAA, Maine Department of Marine Resources (DMR)
and Maine Department of Inland Fisheries & Wildlife (IF&W) at least one
week prior to any planned sampling activities. The notification will
include a general schedule and inclusive dates of sampling. (3) All MBI
and accompanying non-MBI personnel conducting the sampling will have
received appropriate training in electrofishing and in the
identification of listed species. At the start of each sampling day,
each crewmember will receive instruction about the procedures to follow
if a listed species is encountered. (4) The conduct of sampling and
operation of the electrofishing gear will be done in a manner that
minimizes the potential for injury or mortality of listed species. (4a)
The electric current and the sampling activity will immediately cease
upon an encounter with a listed species. Affected fish will not be
netted, touched, or handled. Species identification and estimation of
length will be made visually. To minimize effects to Atlantic salmon,
sampling will not be conducted when ambient water temperature is
>22[deg]C (per Maine DMR specifications). (4b) Sampling activities will
cease and the electric current will be shut off for a period of 5
minutes or until the individual fish is observed to have departed the
area. The physical condition of the fish will be recorded, including
their reaction to the electric field and whether they were able to
leave the area under their own power. (5) Any encounter with a listed
species will be promptly reported to the Office
[[Page 21415]]
of Protected Recourses, Endangered Species Conservation Division.
MBI considered and rejected other gear alternatives to conduct the
sampling because the alternative means of sampling the study area are
too resource intensive and cost-ineffective compared to the single gear
of boat-mounted pulsed direct current (DC) electrofishing. Other
possible alternatives would require the direct handling of listed
species and thus increase the risk of injury or mortality to the fish.
MBI believes that combination of that risk and the comparative
inefficiency and ineffectiveness of alternate fish collecting gear
types makes boat-mounted pulsed DC electrofishing the safest and most
effective sampling method available.
At present, the project is funded by MBI research and development
funds, but MBI continues to seek external funding. This project has
been ongoing for 18 years and is one of the longest running biological
monitoring projects in New England and the only sustained effort that
focuses on large river fish assemblages.
National Environmental Policy Act
Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal
action requiring NMFS to comply with the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999). An initial
determination has been made, by NMFS, that the activity proposed is
categorically excluded from the requirement to prepare an environmental
assessment or environmental impact statement.
Next Steps
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the application, associated documents, and comments
received during the comment period to determine whether the application
meets the requirements of section 10(a) of the ESA. If NMFS determines
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed shortnose and Atlantic sturgeon and Atlantic
salmon. The final NEPA and permit determinations will not be made until
after the end of the comment period. NMFS will publish a record of its
final action in the Federal Register.
Dated: April 13, 2020.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2020-08092 Filed 4-16-20; 8:45 am]
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