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Environmental Assessment and Finding of No Significant Environmental Impact Issuance of a Endangered Species Act Section 10(a)(1)(A) Programmatic Permit by Regulation for Listed Sea Turtles
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2005
[PDF-1.49 MB]
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Description:The National Marine Fisheries Service (NMFS) proposes to implement a section 10(a)(1)(A) programmatic permit by regulation pursuant to the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). The programmatic section 10(a)(1)(A) permit rule would allow agents and employees of Federal and state agencies and their designees to aid endangered stranded sea turtles, and to salvage, collect data from, and dispose of, dead carcasses of endangered sea turtles, in the marine environment. By definition, the term 'stranded' includes live endangered sea turtles that are sick, injured, or entangled and dead endangered sea turtles found in the marine environment. Section 10(a)(1)(A) ofthe ESA allows for issuance of permits to take endangered species for scientific purposes or to enhance the survival of the species. Because the activities described above are similar in nature and scope, NMFS proposes to issue a programmatic permit by regulation pursuant to section 10. Under the ESA and its implementing regulations, taking endangered sea turtles - even incidentally - is prohibited. The ESA allows take of threatened species, however section 4(d) ofthe ESA allows NMFS to implement regulations for the conservation ofthreatened species. NMFS implemented a section 4(d) regulation that extended the take prohibitions to threatened sea turtles with exceptions identified in 50 CFR 223.206. The take ofendangered species may be authorized by an incidental take statement pursuant to section 7 or a permit or programmatic permit by regulation issued pursuant to section 10 ofthe ESA. For this programmatic section 10(a)(1)(A) permit regulation, NMFS has prepared an Environmental Assessment (EA) to facilitate a thorough assessment ofpotential impacts on the human environment.
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Rights Information:Public Domain
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