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Environmental assesment on the effects of issuing incidental take permit no. 16230 to the North Carolina Division of Marine Fisheries for the incidental take of sea turtles associated with the otherwise lawful commercial inshore gillnet fishery in North Carolina inshore state waters
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2013
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Description:The National Marine Fisheries Service (NMFS) proposes to issue an incidental take permit (ITP) to the North Carolina Division of Marine Fisheries (NCDMF), under Section 10(a)(1)(B) of the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.), and the regulations governing the incidental taking of endangered and threatened species (50 CFR 222.307). The ITP would authorize the incidental capture, with some mortality, of five species of endangered and threatened sea turtles, including green (Chelonia mydas), hawksbill (Eretmochelys imbricata), Kemp's ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea) and loggerhead (Caretta caretta) sea turtles, in the North Carolina inshore gillnet fishery and would be valid for ten years. Since 2000, NMFS has issued four separate incidental take permits to NCDMF for the incidental take of sea turtles in inshore gillnet fisheries occurring in Pamlico Sound. Since 2006, incidental take of sea turtles has been documented in areas outside Pamlico Sound, which are not covered under an existing ITP. In 2010, the Duke Environmental Law and Policy Clinic filed suit against NCDMF and the North Carolina Marine Fisheries Commission (NCMFC) on behalf of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center (Beasley Center) for the illegal taking of sea turtles in state regulated inshore gillnet fisheries. As a result of the lawsuit and resulting settlement agreement, NCDMF has amended their commercial fishing regulations for their inshore gillnet fishery to minimize the incidental capture of sea turtles. NCDMF has also submitted a completed application to NMFS for an ESA Section 10(a)(1)(B) ITP, including a conservation plan, for the operation of the state-wide inshore gillnet fishery with measures intended to further monitor, minimize, and mitigate the impacts of incidental take in the fishery to the maximum extent practicable.
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Rights Information:Public Domain
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Compliance:Submitted
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