Legal Status This site displays a prototype of a “Web 2.0” version of the daily
Federal Register. It is not an official legal edition of the Federal
Register, and does not replace the official print version or the official
electronic version on GPO’s govinfo.gov.

The documents posted on this site are XML renditions of published Federal
Register documents. Each document posted on the site includes a link to the
corresponding official PDF file on govinfo.gov. This prototype edition of the
daily Federal Register on FederalRegister.gov will remain an unofficial
informational resource until the Administrative Committee of the Federal
Register (ACFR) issues a regulation granting it official legal status.
For complete information about, and access to, our official publications
and services, go to About the Federal Register on NARA's archives.gov.

The OFR/GPO partnership is committed to presenting accurate and reliable
regulatory information on FederalRegister.gov with the objective of
establishing the XML-based Federal Register as an ACFR-sanctioned
publication in the future. While every effort has been made to ensure that
the material on FederalRegister.gov is accurately displayed, consistent with
the official SGML-based PDF version on govinfo.gov, those relying on it for
legal research should verify their results against an official edition of
the Federal Register. Until the ACFR grants it official status, the XML
rendition of the daily Federal Register on FederalRegister.gov does not
provide legal notice to the public or judicial notice to the courts.

Legal Status

Notice

Endangered Species Act; Taking of Endangered and Threatened Species Incidental to Texas Parks and Wildlife Department's Fisheries-Independent Gill Net Surveys in Texas Waters

A Notice by the National Oceanic and Atmospheric Administration on 03/17/2026

• 1.

1.
This document has a comment period that ends in 30 days.
(04/16/2026) View Comment Instructions

Thank you for taking the time to create a comment. Your input is important.

Once you have filled in the required fields below you can preview and/or submit your comment to the Commerce Department for review. All comments are considered public and will be posted online once the Commerce Department has reviewed them.

You can view alternative ways to comment or you may also comment via Regulations.gov at /documents/2026/03/17/2026-05183/endangered-species-act-taking-of-endangered-and-threatened-species-incidental-to-texas-parks-and.

It appears that you have attempted to comment on this document before
so we've restored your progress.
Start over.
1.
2. Comment * What is your comment about? Upload File(s) Note: You can attach your comment as a file and/or attach supporting
documents to your comment. Attachment Requirements.

Email this will NOT be posted on regulations.gov

Opt to receive email confirmation of submission and tracking number? Tell us about yourself! I am... * An Individual An Organization Anonymous First Name * Last Name * City Region State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Zip Country Afghanistan Åland Islands Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos (Keeling) Islands Colombia Comoros Congo Congo, the Democratic Republic of the Cook Islands Costa Rica Côte d'Ivoire Croatia Cuba Curaçao Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands (Malvinas) Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea-Bissau Guyana Haiti Heard Island and McDonald Islands Holy See (Vatican City State) Honduras Hong Kong Hungary Iceland India Indonesia Iran, Islamic Republic of Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Korea, Democratic People's Republic of Korea, Republic of Kuwait Kyrgyzstan Lao People's Democratic Republic Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macao Macedonia, the Former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia, Federated States of Moldova, Republic of Monaco Mongolia Montenegro Montserrat Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island Northern Mariana Islands Norway Oman Pakistan Palau Palestine, State of Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Poland Portugal Puerto Rico Qatar Réunion Romania Russian Federation Rwanda Saint Barthélemy Saint Helena, Ascension and Tristan da Cunha Saint Kitts and Nevis Saint Lucia Saint Martin (French part) Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten (Dutch part) Slovakia Slovenia Solomon Islands Somalia South Africa South Georgia and the South Sandwich Islands South Sudan Spain Sri Lanka Sudan Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Syrian Arab Republic Taiwan, Province of China Tajikistan Tanzania, United Republic of Thailand Timor-Leste Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States United States Minor Outlying Islands Uruguay Uzbekistan Vanuatu Venezuela, Bolivarian Republic of Viet Nam Virgin Islands, British Virgin Islands, U.S. Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe Phone Organization Type * Company Organization Federal State Local Tribal Regional Foreign U.S. House of Representatives U.S. Senate Organization Name * You are filing a document into an official docket. Any personal
information included in your comment text and/or uploaded
attachment(s) may be publicly viewable on the web. I read and understand the statement above.

2. Preview Comment Please review the Regulations.gov privacy notice and user notice.
3. Document Details Published Content - Document Details Agencies Department of Commerce National Oceanic and Atmospheric Administration Agency/Docket Number RTID 0648-XF611 Document Citation 91 FR 12759 Document Number 2026-05183 Document Type Notice Pages 12759-12761 (3 pages) Publication Date 03/17/2026 Published Content - Document Details

• PDF Official Content
  • View printed version (PDF) Official Content
• Document Details Published Content - Document Details Agencies Department of Commerce National Oceanic and Atmospheric Administration Agency/Docket Number RTID 0648-XF611 Document Citation 91 FR 12759 Document Number 2026-05183 Document Type Notice Pages 12759-12761 (3 pages) Publication Date 03/17/2026 Published Content - Document Details
• Document Dates Published Content - Document Dates Comments Close 04/16/2026 Dates Text Comments and information must be received no later than April 16, 2026. Published Content - Document Dates

• Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the
  headings within the legal text of Federal Register documents.
  This repetition of headings to form internal navigation links
  has no substantive legal effect.

  • AGENCY:
  • ACTION:
  • SUMMARY:
  • DATES:
  • ADDRESSES:
  • FOR FURTHER INFORMATION CONTACT:
  • SUPPLEMENTARY INFORMATION:
  • Species Covered in This Notice
  • Background
  • Purpose and Objectives of TPWD's Activities
  • Sea Turtle Take Estimates
  • Conservation Plan
  • National Environmental Policy Act
  • Next Steps Enhanced Content - Table of Contents

• Public Comments Enhanced Content - Public Comments Comments are being accepted - View Comment Instructions.

Enhanced Content - Public Comments
- Regulations.gov Data Enhanced Content - Regulations.gov Data Additional information is not currently available for this document.

Enhanced Content - Regulations.gov Data

- Sharing Enhanced Content - Sharing Shorter Document URL https://www.federalregister.gov/d/2026-05183 Email Email this document to a friend Enhanced Content - Sharing

• Print Enhanced Content - Print
  • Print this document Enhanced Content - Print
• Other Formats Enhanced Content - Other Formats This document is also available in the following formats:

JSON Normalized attributes and metadata XML Original full text XML MODS Government Publishing Office metadata More information and documentation can be found in our developer tools pages.

Enhanced Content - Other Formats
- Public Inspection Public Inspection This PDF is FR Doc. 2026-05183 as it appeared on Public Inspection on
03/16/2026 at 8:45 am.

It was viewed
16
times while on Public Inspection.

If you are using public inspection listings for legal research, you
should verify the contents of the documents against a final, official
edition of the Federal Register. Only official editions of the
Federal Register provide legal notice of publication to the public and judicial notice
to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Public Inspection
Published Document: 2026-05183 (91 FR 12759) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Document Headings Document headings vary by document type but may contain
the following:

1. the agency or agencies that issued and signed a document
2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
3. the agency docket number / agency internal file number
4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details.

Department of Commerce

National Oceanic and Atmospheric Administration

1. [RTID 0648-XF611]

AGENCY:

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

ACTION:

Notice; receipt of application; request for comments and information.

SUMMARY:

Notice is hereby given that the Texas Parks and Wildlife Department (TPWD) has applied for an incidental take permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The permit application is for the incidental take of ESA-listed sea turtles associated with otherwise lawful fishery-independent gill net surveys within Texas bays and estuaries. NMFS is publishing this notice to allow other agencies and the public an opportunity to review and comment on the application and Conservation Plan. All comments received will become part of the public record and will be available for review.

DATES:

Comments and information must be received no later than April 16, 2026.

ADDRESSES:

The application is available for download and review at https://www.fisheries.noaa.gov/​national/​endangered-species-conservation/​incidental-take-permits and at http://www.regulations.gov. The application is also available upon request (see FOR FURTHER INFORMATION CONTACT).

You may submit comments, identified by NOAA-NMFS-2026-0958, by Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov and enter [NOAA-NMFS-2026-0958] in the Search box. Click on the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

Instructions: 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 by NMFS. 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.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. We will accept anonymous comments (enter “N/A” in the required fields, if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT:

Kim Corcoran, Office of Protected Resources, NMFS, (301) 427-8453, kim.corcoran@noaa.gov OR Celeste Stout, Office of Protected Resources, NMFS, (301) 427-8436, celeste.stout@noaa.gov.

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.

Applicants seeking ITPs must submit an application and Conservation Plan that includes the requirements specified in Section 10(a)(2)(A) (see Conservation Plan section for details of what is required to be included in a Conservation Plan). If, following opportunity for public comment and evaluation of the application and Conservation Plan, NMFS finds that: (i) the taking will be incidental; (ii) the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; (iii) the applicant will ensure that adequate funding for the plan will be provided; (iv) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (v) the applicant will implement any other measures NMFS may require as being necessary and appropriate, NMFS shall issue the ITP.

Species Covered in This Notice

The following species are included in the permit application and Conservation Plan: green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles.

Background

On July 24, 2024, TPWD submitted an initial full draft application and Conservation Plan requesting take of ESA-listed species of sea turtles associated with their otherwise lawful ( printed page 12760) fisheries-independent gill net surveys within the Texas bays and estuaries as well as a small portion of Sabine Lake, LA. TPWD submitted revised draft applications and associated Conservation Plans on May 19, 2025 and December 22, 2025. Following review of these drafts, NMFS and TPWD held further discussions regarding the statutory and regulatory requirements for the application and Conservation Plan. On February 13, 2026, TPWD submitted a revised application for an ITP, including an updated Conservation Plan to monitor, minimize and mitigate the impacts of sea turtle entanglements incidental to their fisheries-independent gill net surveys, to the maximum extent practicable. NMFS deemed the application and Conservation Plan adequate and complete on February 26, 2026.

Purpose and Objectives of TPWD's Activities

The purpose and objectives of TPWD's proposed activity are to monitor trends in finfish, shark, and macroinvertebrate communities throughout the estuarine waters of Texas to inform fisheries management. The data collected from TPWD fisheries-independent gill net surveys are used to inform stock status, inform listing status, manage Gulf of America-wide fisheries, create management plans, and generate scientific research. The existing gill net data spans nearly 50 years and TPWD relies on its continuity for management decisions.

Sea Turtle Take Estimates

TPWD is requesting take of each sea turtle species on a 3-year rolling time period (i.e., take that occurs over any 3-year period). TPWD predicted total annual entanglements in TPWD gill nets using linear modeling and also used a simplified approach of estimating entanglements based on historical data (1983-2024; please see TPWD's application and Conservation Plan for more information). After comparing model estimates to historical data, TPWD requested take based on the maximum number of entanglements within any given three-year period (see Table 1).

| Species | Historical
maximum turtles

entangled in a

3-year period | Historical
percentage of

live

entanglements | Rolling 3-year
requested

live take | Rolling 3-year
requested

mortality take | Rolling 3-year
requested

total take |
| --- | --- | --- | --- | --- | --- |
| Green | 74 | 58.15 | 48 | 32 | 74 |
| Loggerhead | 2 | 75.00 | 2 | 1 | * 3 |
| Hawksbill | 2 | 50.00 | 1 | 1 | 2 |
| Kemp's ridley | 6 | 78.26 | 5 | 1 | 6 |
| * Standard rounding convention to whole numbers led to sum greater than the maximum historic entanglements. | | | | | |

Conservation Plan

Section 10 of the ESA specifies that no permit may be issued by NMFS unless an applicant submits a Conservation Plan that specifies: (1) the impact which will likely result from such taking; (2) what steps the applicant will take to minimize and mitigate such impacts, and the funding that will be available to implement such steps; (3) what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; (4) such other measures that NMFS may require as being necessary or appropriate for purposes of the plan.

TPWD's Conservation Plan addresses each of the required elements of Section 10(a)(2)(A) and 50 CFR 222.307(b). In particular, TPWD has included measures to monitor, minimize, and mitigate the take of ESA-listed sea turtles incidental to fishery-independent gill net surveying. To avoid and minimize take of green, loggerhead, Kemp's ridley, and hawksbill sea turtles, TPWD will constrain the sampling season to two 10-week seasons (fall and spring); identify hot spot grids (1-minute latitude by 1-minute latitude square grids where gill nets can be set and sampled in Texas bays and estuaries) to implement additional species protections such as the “last in/first out” strategy to reduce gill net soak times; sampling grid removal from future surveys after one endangered species entanglement in that grid; net configurations, such as reducing net slack, and marker buoy attachment to improve visibility for monitoring entanglements and reducing the potential for entanglements; extended pre-deployment observation period; following Sea Turtle Stranding and Salvage Network protocols and appropriate release and resuscitation protocols upon discovery of an entangled sea turtle; conducting surveys on “best” available weather days for gill net deployment; and continuous net repair to eliminate holes larger than 6 inch (in; 15.24 cm) stretched mesh.

TPWD also provided NMFS with assurances that adequate funding will be provided to support its Conservation Plan, including funds to support cold stunning recovery activities, shrimp fishery management and law enforcement, and habitat protection within Texas state bays and estuaries throughout the duration of the permit. The Conservation Plan also includes outreach, education, and a debris removal program, funded through state appropriations and supplemented by other sources such as Natural Resource Disaster Assessment and Sport Fish Restoration, as funded by U.S. Fish and Wildlife Service, with regular reporting requirements.

TPWD considered and rejected the following alternatives: (1) no-Action; (2) no setting of gill nets; (3) shifting from overnight setting of gill nets to daytime only sampling; (4) significantly shortening the duration gill nets are deployed; (5) reducing the number of gill nets set each season; (6) continuously monitoring (tending) gill nets while they are deployed; and (7) removing gill net mesh panels with mesh size greater than 5 in (12.7 cm) stretch mesh in size.

Please refer to TPWD's ITP application and Conservation Plan, which can be found at https://www.fisheries.noaa.gov/​national/​endangered-species-conservation/​incidental-take-permits for detailed information.

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.) and NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Policy Act (1999). NMFS will conduct the appropriate NEPA review prior to ( printed page 12761) making a final decision on TPWD's request for an ITP.

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)(1)(B) of the ESA. If NMFS determines that the requirements are met, a permit will be issued for incidental takes of ESA-listed sea turtles. NMFS will publish a notice of its final action in the Federal Register.

Dated: March 13, 2026.

Shannon Bettridge,

Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. 2026-05183 Filed 3-16-26; 8:45 am]

BILLING CODE 3510-22-P

Published Document: 2026-05183 (91 FR 12759)