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Biological and Conference Opinion on the Proposed Implementation of A NATIONAL MARINE FISHERIES SERVICE ENDANGERED SPECIES ACT SECTION 7 BIOLOGICAL AND CONFERENCE OPINION Title: Biological and Conference Opinion on the Proposed Implementation of a Program for the Issuance of Permits for Research and Enhancement Activities on Threatened and Endangered Sea Turtles Pursuant to Section lO(a) of the Endangered Species Act (2018 Reinitiation) Consultation Conducted By: Endangered Species Act Interagency Cooperation Division, Office of Protected Resources, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Depaitment of Commerce Action Agency: Pennits and Conservation Division of the Office of Protected Resources, National Marine Fisheries Service Publisher: Office of Protected Resources, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce Approved: Donna S. Wieting Director, Office of Protected Resourc Date: April 2, 2019 Consultation Tracking number: OPR-2018-00087 Digital Object Identifier (DOI): https://doi.org//10.25923/hvy6-fe44 This page left blank intentionally Turtle Research Programmatic Biological Opinion FPR-2017-9230 TABLE OF CONTENTS Page 1 Introduction ......................................................................................................................... 11 1.1 Background .................................................................................................................... 12 1.2 Consultation History ...................................................................................................... 13 2 The Assessment Framework .............................................................................................. 16 3 Description of the Proposed Action ................................................................................... 18 3.1 Overall Process for Issuing Sea Turtle Directed Take Permits ...................................... 18 3.2 General Permit Terms and Conditions ........................................................................... 21 3.3 Annual Permit Cycle ...................................................................................................... 27 3.4 Sea Turtle Research Activities and Associated Mitigation Measures ............................ 28 3.4.1 Sea Turtle Parts ....................................................................................................... 28 3.4.2 Remote Visual and Acoustic Surveys ..................................................................... 29 3.4.3 Capture and Collection Methods ............................................................................ 31 3.4.4 Research Procedures on Captured Sea Turtles ....................................................... 36 3.4.5 New Sea Turtle Research Methods, Procedures, and Mitigation Measures ........... 53 3.5 Authorizing Take Under the Sea Turtle Research Permitting Program ......................... 53 3.5.1 Sea Turtle Take Levels Authorized ........................................................................ 54 3.5.2 Allocating Authorized Lethal Take Among Research Permits ............................... 55 3.5.3 Monitoring Sea Turtle Take .................................................................................... 57 3.5.4 Addressing Scenarios When a Lethal Take Limit Has Been Exceeded ................. 58 3.5.5 Incidental Take of Non-target Species .................................................................... 59 3.6 Internal Program Review ............................................................................................... 60 3.7 Adaptive Management ................................................................................................... 60 3.8 Reporting to the Interagency Cooperation Division ...................................................... 61 4 Interrelated and Interdependent Actions ......................................................................... 62 5 Action Area .......................................................................................................................... 63 6 Status of Endangered Species Act (ESA) Protected Resources ...................................... 66 6.1 Species and Designated Critical Habitat Not Likely to be Adversely Affected ............ 71 6.1.1 ESA-listed and Proposed Cetacean Species ........................................................... 73 6.1.2 Cetacean Designated Critical Habitat ..................................................................... 75 6.1.3 Sea Turtle Designated Critical Habitat ................................................................... 76 6.1.4 ESA-listed Pinniped Species................................................................................... 78 6.1.5 Pinniped Designated Critical Habitat...................................................................... 79 6.1.6 ESA-listed and Proposed Fish Species ................................................................... 80 6.1.7 Fish Species Designated Critical Habitat ................................................................ 80 6.1.8 ESA-listed Abalone Species ................................................................................... 82 6.1.9 Abalone Designated Critical Habitat ...................................................................... 82 i Turtle Research Programmatic Biological Opinion FPR-2017-9230 6.1.10 ESA-listed Coral Species ........................................................................................ 83 6.1.11 Coral Species Designated Critical Habitat .............................................................. 83 6.1.12 Johnson’s Seagrass.................................................................................................. 84 6.1.13 Johnson’s Seagrass Designated Critical Habitat ..................................................... 84 6.2 Species Likely to be Adversely Affected ....................................................................... 85 6.2.1 Green Sea Turtle ..................................................................................................... 87 6.2.2 Hawksbill Sea Turtle............................................................................................. 105 6.2.3 Kemp’s Ridley Sea Turtle ..................................................................................... 109 6.2.4 Leatherback Sea Turtle ......................................................................................... 112 6.2.5 Loggerhead Sea Turtle .......................................................................................... 118 6.2.6 Olive Ridley Sea Turtle ........................................................................................ 128 6.2.7 Gulf of Maine Atlantic Salmon............................................................................. 133 6.2.8 Smalltooth Sawfish, U.S. Portion of Range .......................................................... 137 6.2.9 Atlantic Sturgeon .................................................................................................. 141 6.2.10 Shortnose Sturgeon ............................................................................................... 149 6.2.11 Green Sturgeon, Southern Distinct Population Segment ...................................... 154 6.2.12 Gulf Sturgeon ........................................................................................................ 158 6.2.13 Nassau Grouper ..................................................................................................... 162 6.2.14 Scalloped Hammerhead ........................................................................................ 165 7 Environmental Baseline.................................................................................................... 171 7.1 Global Climate Change ................................................................................................ 171 7.2 Habitat Degradation ..................................................................................................... 176 7.2.1 Terrestrial Habitat ................................................................................................. 177 7.2.2 Aquatic Habitat ..................................................................................................... 178 7.3 Marine Debris ............................................................................................................... 180 7.4 Pollutants ...................................................................................................................... 180 7.5 Oil Spills ....................................................................................................................... 182 7.6 Vessel Strikes ............................................................................................................... 185 7.7 Anthropogenic Sound ................................................................................................... 187 7.8 Disease ......................................................................................................................... 193 7.9 Industrial and Power Generating Plants ....................................................................... 195 7.10 Dredging ....................................................................................................................... 197 7.11 Hydromodification ....................................................................................................... 198 7.11.1 Dams ....................................................................................................................
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