[Federal Register: January 10, 2001 (Volume 66, Number 7)]
[Notices]               
[Page 1956-1957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja01-54]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010301A]

 
Endangered Species; Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of application for a scientific research permit (1274); 
issuance of permits (1261, 1226); and modifications to existing permits 
(1178, 984).

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SUMMARY: Notice is hereby given of the following actions regarding 
permits for takes of endangered and threatened species for the purposes 
of scientific research and/or enhancement: NMFS has received a permit 
application from Dr. Molly Lutcavage, of the New England Aquarium (NEA) 
(1274); NMFS has issued permit 1261 to Mr. Vincent A. Mudrak, of U.S. 
Fish & Wildlife Service (USFWS) (1261); NMFS has issued permit 1226 to 
Mr. Mike Clancy and Ms. Katherine Hattala, of New York State Dept of 
Environmental Conservation (NYSDEC) (1226); NMFS has issued 
modification #2 to permit 1178 to Dr. Michael Sissenwine, of Northeast 
Fisheries Science Center, NMFS (NMFS-NEFSC) (1178); and NMFS has issued 
modification #3 to permit 984 to Dr. Steve Ross, of Center for Marine 
Science Research, University of North Carolina at Wilmington (UNC-
Wilmington)(984).

DATES: Comments or requests for a public hearing on any of the new 
applications or modification requests must be received at the 
appropriate address or fax number no later than 5 p.m. eastern standard 
time on February 9, 2001.

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to the appropriate office as 
indicated below. Comments may also be sent via fax to the number 
indicated for the application or modification request. Comments will 
not be accepted if submitted via e-mail or the Internet. The 
applications and related documents are available for review in the 
indicated office, by appointment:
    For permits 1226, 1261, 1178, 984, 1274: NMFS, Office of Protected 
Resources, Endangered Species Division, F/PR3, 1315 East-West Highway, 
Silver Spring, MD 20910 (ph: 301-713-1401, fax: 301-713-0376).

FOR FURTHER INFORMATION CONTACT: Terri Jordan, Silver Spring, MD (phone 
and fax: see above) e-mail: Terri.jordan@noaa.gov.

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). The holding of such 
hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in This Notice

    The following species and evolutionarily significant units (ESU's) 
are covered in this notice:

Sea Turtles

    Green turtle (Chelonia mydas), Hawksbill turtle (Eretmochelys 
imbricata), Kemp's ridley turtle (Lepidochelys kempii), Leatherback 
turtle (Dermochelys coriacea), Loggerhead turtle (Caretta caretta).

Fish

    Shortnose sturgeon (Acipenser brevirostrum)

Application 1274:

    NMFS has received an application from Dr. Molly Lutcavage of the 
New England Aquarium. Dr. Lutcavage requests authorization to satellite 
tag up

[[Page 1957]]

to eight (8) endangered leatherback turtles captured incidental to 
commercial fisheries. Dr. Lutcavage proposes to attach pop-up satellite 
transmitters to leatherback turtles using surgical bone screws instead 
of harnesses, and to look at whether tagging turtles with harnesses 
increases the likelihood of entanglement in commercial fisheries. This 
proposed permit continues research begun under permit #1053 issued by 
NMFS on July 14, 1997.

Permit 1261

    Notice was published on August 17, 2000 (65 FR 50185) that Mr. 
Vincent A. Mudrak, of U.S. Fish & Wildlife Service applied for a 
scientific research permit (1261).
    The applicant requests a five-year permit to maintain captively 
bred shortnose sturgeon for scientific research at the Warm Springs 
Hatchery operated by the US Fish and Wildlife Service. Research 
Activities include feeding studies, propagation studies and studies 
identified in the recovery plan for shortnose sturgeon. Permit 1261 was 
issued on December 29, 2000, authorizing take of listed species. Permit 
1261 expires December 31, 2005.

Permit 1226

    Notice was published on November 26, 1999 (64 FR 66458) that Mr. 
Mike Clancy and Ms. Katherine Hattalla of NYSDEC applied for a 
scientific research permit (1226).
    As a requirement in the Atlantic States Marine Fisheries 
Commission's Atlantic Sturgeon Management Plan, New York State must 
initiate monitoring of juvenile Atlantic sturgeon in the Hudson River. 
While conducting this research it is a very likely and unavoidable 
event that shortnose sturgeon will be captured in the sampling gear 
deployed to capture Atlantic sturgeon. The NYSDEC is applying for a 
permit to handle and tag any shortnose sturgeon incidentally caught in 
their sampling gear. The NYSDEC will work in collaboration with the US 
Fish and Wildlife Service (permit #1051) to share biological and 
movement data regarding shortnose sturgeon residing in the Hudson 
River. Permit 1226 was issued on December 22, 2000, authorizing take of 
listed species. Permit 1226 expires October 31, 2005.

Permit 1178

    The applicant currently possesses a 5-year scientific research 
permit to take listed sea turtles incidentally taken in foreign and 
domestic commercial fisheries operating in state waters and the 
Exclusive Economic Zone in the Northwest Atlantic Ocean. The work will 
be conducted by scientific observers aboard commercial fishing vessels. 
The following species and annual take numbers have been requested: 300 
loggerhead (Caretta caretta), 85 leatherback (Dermochelys coriacea), 10 
Kemp's ridley (Lepidochelys kempi), 10 hawksbill (Eretmochelys 
imbricata), and 10 green (Chelonia mydas) turtles. The applicant has 
authorization to measure, photograph, flipper tag, scan for PIT tags, 
resuscitate (if necessary) and release turtles taken incidentally in 
foreign and domestic commercial fisheries. Further, the applicant has 
authorization to bring to shore, when feasible, dead sea turtles for 
necropsy. Necropsy will only be performed by personnel currently 
permitted to conduct such research. This research supports the NMFS' 
mission of assessing the impacts of commercial fisheries on marine 
resources of interest to the United States.
    Modification #2 authorizes the collection of skin biopsies from 
turtles onboard vessels and animals too large to bring aboard 
commercial vessels. Modification #2 to Permit 1178 was issued on 
December 29, 2000. Permit 1178 expires December 31, 2003.

Permit 984

    Notice was published on July 19, 2000 (65 FR 44760) that Dr. Steve 
Ross (UNC-Wilmington) had applied for a modification to 984. Permit 984 
currently authorizes the take of shortnose sturgeon from rivers 
throughout the state of North Carolina. This permit authorizes capture 
in gillnets, handling, weighing, photographing, dorsal fin clipping for 
genetic material collection, external and internal tagging and release. 
Both Dr. Mary Moser of the National Marine Fisheries Service - 
Northwest Fisheries Science Center in Seattle, WA and Dr. Steven Ross 
are co-investigators.
    Modification #3 removes Dr. Mary Moser from the permit and extends 
the expiration date of the permit to December 31, 2001. NMFS is also 
amending the permit to bring the special conditions current with other 
permits being issued for research on shortnose sturgeon. The take 
description has been modified into a table format. Items #1 & 2 in the 
take table were modified to increase the lethal take of eggs and 
larvae. The original permit authorized 25 eggs to be lethally taken and 
25 returned to the wild, and 10 larvae to be lethally taken and 10 
returned to the wild. The return of eggs and larvae to the wild after 
collection on a buffer pad is not feasible, so NMFS clarified this in 
the permit. Item #5 in the take table was modified to clearly denote 
that the 8,000 juvenile shortnose sturgeon transferred to Dr. Moser 
were terminated in 1999 per special condition #1b of modification #2 
which was issued November 17, 1998. NMFS also clarified reporting 
contact mail and email addresses.
    Modification #3 to Permit 984 was issued on December 29, 2000, 
authorizing take of listed species. Permit 984 expires December 31, 
2001.

    Dated: January 3, 2000.
Margaret Lorenz,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 01-773 Filed 1-9-01; 8:45 am]
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