80_FR_80570 80 FR 80323 - 2016 Annual Determination To Implement the Sea Turtle Observer Requirement

80 FR 80323 - 2016 Annual Determination To Implement the Sea Turtle Observer Requirement

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80323-80324
FR Document2015-32425

The National Marine Fisheries Service (NMFS) is providing notification that the agency will not identify additional fisheries to observe on the Annual Determination (AD) for 2016, pursuant to its authority under the Endangered Species Act (ESA). Through the AD, NMFS identifies U.S. fisheries operating in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean that will be required to take observers upon NMFS' request. The purpose of observing identified fisheries is to learn more about sea turtle interactions in a given fishery, evaluate measures to prevent or reduce sea turtle takes, and implement the prohibition against sea turtle takes. Fisheries identified on the 2015 AD (see Table 1) remain on the AD for a 5-year period and are required to carry observers upon NMFS' request until December 31, 2019.

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015) 
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80323-80324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32425]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE191


2016 Annual Determination To Implement the Sea Turtle Observer 
Requirement

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

ACTION: Notice.

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SUMMARY: The National Marine Fisheries Service (NMFS) is providing 
notification that the agency will not identify additional fisheries to 
observe on the Annual Determination (AD) for 2016, pursuant to its 
authority under the Endangered Species Act (ESA). Through the AD, NMFS 
identifies U.S. fisheries operating in the Atlantic Ocean, Gulf of 
Mexico, and Pacific Ocean that will be required to take observers upon 
NMFS' request. The purpose of observing identified fisheries is to 
learn more about sea turtle interactions in a given fishery, evaluate 
measures to prevent or reduce sea turtle takes, and implement the 
prohibition against sea turtle takes. Fisheries identified on the 2015 
AD (see Table 1) remain on the AD for a 5-year period and are required 
to carry observers upon NMFS' request until December 31, 2019.

ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional 
Offices.

FOR FURTHER INFORMATION CONTACT: Sara McNulty, Office of Protected 
Resources, 301-427-8402; Ellen Keane, Greater Atlantic Region, 978-282-
8476; Dennis Klemm, Southeast Region, 727-824-5312; Dan Lawson, West 
Coast Region, 562-980-3209; Irene Kelly, Pacific Islands Region, 808-
725-5141. Individuals who use a telecommunications device for the 
hearing impaired may call the Federal Information Relay Service at 1-
800-877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday through 
Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

Availability of Published Materials

    Information regarding the Sea Turtle Observer Requirement for 
Fisheries (72 FR 43176, August 3, 2007) may be obtained at 
www.nmfs.noaa.gov/pr/species/turtles/regulations.htm or from any NMFS 
Regional Office at the addresses listed below:
     NMFS, Greater Atlantic Region, 55 Great Republic Drive, 
Gloucester, MA 01930;
     NMFS, Southeast Region, 263 13th Avenue South, St. 
Petersburg, FL 33701;
     NMFS, West Coast Region, 501 W. Ocean Blvd., Suite 4200, 
Long Beach, CA 90802;
     NMFS, Pacific Islands Region, Protected Resources, 1845 
Wasp Blvd., Building 176, Honolulu, HI 96818.

Purpose of the Sea Turtle Observer Requirement

    Under the ESA, 16 U.S.C. 1531 et seq., NMFS has the responsibility 
to implement programs to conserve marine species listed as endangered 
or threatened. All sea turtles found in U.S. waters are listed as 
either endangered or threatened under the ESA. Kemp's ridley 
(Lepidochelys kempii), loggerhead (Caretta caretta; North Pacific 
distinct population segment), leatherback (Dermochelys coriacea), and 
hawksbill (Eretmochelys imbricata) sea turtles are listed as 
endangered. Loggerhead (Caretta caretta; Northwest Atlantic distinct 
population segment), green (Chelonia mydas), and olive ridley 
(Lepidochelys olivacea) sea turtles are listed as threatened, except 
for breeding colony populations of green sea turtles in Florida and on 
the Pacific coast of Mexico, and breeding colony populations of olive 
ridley sea turtles on the Pacific coast of Mexico, which are listed as 
endangered. Due to the inability to distinguish between populations of 
green and olive ridley turtles away from the nesting beach, NMFS 
considers these turtles endangered wherever they occur in U.S. waters. 
While some sea turtle populations have shown signs of recovery, many 
populations continue to decline. On March 23, 2015, NMFS and the U.S. 
Fish and Wildlife Service (USFWS) found that the green sea turtle is 
composed of 11 distinct population segments (DPSs) that qualify as 
``species'' for listing under the ESA. NMFS and USFWS proposed to 
remove the current range-wide listing and, in its place, list eight 
DPSs as threatened and three as endangered.
    Incidental take, or bycatch, in fishing gear is the primary 
anthropogenic source of sea turtle injury and mortality in U.S. waters. 
Section 9 of the ESA prohibits the take (including harassing, harming, 
pursuing, hunting, shooting, wounding, killing, trapping, capturing, 
collecting or attempting to engage in any such conduct), including 
incidental take, of endangered sea turtles. Pursuant to section 4(d) of 
the ESA, NMFS has issued regulations extending the prohibition of take, 
with exceptions, to threatened sea turtles (50 CFR 223.205 and 
223.206). The purpose of the sea turtle observer requirement and the AD 
is ultimately to implement ESA sections 9 and 4(d), which prohibit the 
incidental take of endangered and threatened sea turtles, respectively, 
and to conserve sea turtles. Section 11 of the ESA provides for civil 
and criminal penalties for anyone who violates a regulation issued 
pursuant to the ESA, including regulations that implement the take 
prohibition, as well as for the issuance of regulations to enforce the 
take prohibitions. NMFS may grant exceptions to the take prohibitions 
for activities that are covered by an incidental take statement or an 
incidental take permit issued pursuant to ESA section 7 or 10, 
respectively. To do so, NMFS must determine the activity that will 
result in incidental take is not likely to jeopardize the continued 
existence of the affected listed species. For some Federal fisheries 
and most state fisheries, NMFS has not granted an exception for 
incidental takes of sea turtles primarily because we lack information 
about fishery-sea turtle interactions.
    The most effective way for NMFS to learn about sea turtle-fishery 
interactions, in order to implement management measures and prevent or 
minimize take, is to place observers aboard fishing vessels. In 2007, 
NMFS issued a regulation (50 CFR 222.402) establishing procedures to 
annually identify, pursuant to specified criteria and after notice and 
opportunity for comment, those fisheries in which the agency intends to 
place observers (72 FR 43176, August 3, 2007). These regulations 
specify that NMFS may place observers on U.S. fishing vessels, 
commercial or recreational, operating in U.S. territorial waters, the 
U.S. exclusive economic zone (EEZ), or on the high seas, or on vessels 
that are otherwise subject to the jurisdiction of the United States. 
Failure to comply with the requirements under this rule may result in 
civil or criminal penalties under the ESA.
    Where observers are required, NMFS will pay the direct costs for 
vessels to

[[Page 80324]]

carry observers. These include observer salary and insurance costs. 
NMFS may also evaluate other potential direct costs, should they arise. 
Once selected, a fishery will be eligible to be observed for a period 
of 5 years without further action by NMFS. This will enable NMFS to 
develop an appropriate sampling protocol to investigate whether, how, 
when, where, and under what conditions incidental takes are occurring; 
evaluate whether existing measures are minimizing or preventing takes; 
and develop ESA management measures that implement the prohibitions 
against take and that conserve sea turtles.

2016 Annual Determination

    Pursuant to 50 CFR 222.402, NOAA's Assistant Administrator for 
Fisheries (AA), in consultation with Regional Administrators and 
Fisheries Science Center Directors, annually identifies fisheries for 
inclusion on the AD based on the extent to which:
    (1) The fishery operates in the same waters and at the same time as 
sea turtles are present;
    (2) The fishery operates at the same time or prior to elevated sea 
turtle strandings; or
    (3) The fishery uses a gear or technique that is known or likely to 
result in incidental take of sea turtles based on documented or 
reported takes in the same or similar fisheries; and
    (4) NMFS intends to monitor the fishery and anticipates that it 
will have the funds to do so.
    NMFS is providing notification that the agency is not identifying 
additional fisheries to observe on the 2016 AD, pursuant to its 
authority under the ESA. NMFS is not identifying additional fisheries 
at this time given lack of dedicated resources to implement new 
observer programs or expand existing observer programs to focus on sea 
turtles (50 CFR 222.402(a)(4)). The 14 fisheries identified on the 2015 
AD (see Table 1) remain on the AD for a 5-year period and are therefore 
required to carry observers upon NMFS' request until December 31, 2019.

  Table 1--State and Federal Commercial Fisheries Included on the 2015
                          Annual Determination.
------------------------------------------------------------------------
                                                       Years eligible to
                       Fishery                          carry observers
------------------------------------------------------------------------
                             Trawl Fisheries
------------------------------------------------------------------------
Southeastern U.S. Atlantic, Gulf of Mexico shrimp              2015-2019
 trawl...............................................
Gulf of Mexico mixed species fish trawl..............          2015-2019
------------------------------------------------------------------------
                            Gillnet Fisheries
------------------------------------------------------------------------
California halibut, white seabass and other species            2015-2019
 set gillnet (>3.5 in mesh)..........................
California yellowtail, barracuda, and white seabass            2015-2019
 drift gillnet (mesh size >3.5 in. and <14 in.)......
Chesapeake Bay inshore gillnet.......................          2015-2019
Long Island inshore gillnet..........................          2015-2019
North Carolina inshore gillnet.......................          2015-2019
Gulf of Mexico gillnet...............................          2015-2019
------------------------------------------------------------------------
                           Trap/pot Fisheries
------------------------------------------------------------------------
Atlantic blue crab trap/pot..........................          2015-2019
Atlantic mixed species trap/pot......................          2015-2019
Northeast/Mid-Atlantic American lobster trap/pot.....          2015-2019
------------------------------------------------------------------------
                     Pound Net/Weir/Seine Fisheries
------------------------------------------------------------------------
Mid-Atlantic haul/beach seine........................          2015-2019
Mid-Atlantic menhaden purse seine....................          2015-2019
Rhode Island floating trap...........................          2015-2019
------------------------------------------------------------------------


    Dated: December 21, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-32425 Filed 12-23-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80323 issued to Point Blue and its designees Eastern time, Monday through Friday, Incidental take, or bycatch, in fishing for the take of marine mammals excluding Federal holidays. gear is the primary anthropogenic incidental to their seabird research SUPPLEMENTARY INFORMATION: source of sea turtle injury and mortality activities, provided they incorporate the in U.S. waters. Section 9 of the ESA previously mentioned mitigation, Availability of Published Materials prohibits the take (including harassing, monitoring, and reporting requirements. Information regarding the Sea Turtle harming, pursuing, hunting, shooting, Dated: December 18, 2015. Observer Requirement for Fisheries (72 wounding, killing, trapping, capturing, FR 43176, August 3, 2007) may be collecting or attempting to engage in any Perry F. Gayaldo, obtained at www.nmfs.noaa.gov/pr/ such conduct), including incidental Deputy Director, Office of Protected species/turtles/regulations.htm or from take, of endangered sea turtles. Pursuant Resources, National Marine Fisheries Service. any NMFS Regional Office at the to section 4(d) of the ESA, NMFS has [FR Doc. 2015–32409 Filed 12–23–15; 8:45 am] addresses listed below: issued regulations extending the BILLING CODE 3510–22–P prohibition of take, with exceptions, to • NMFS, Greater Atlantic Region, 55 Great Republic Drive, Gloucester, MA threatened sea turtles (50 CFR 223.205 01930; and 223.206). The purpose of the sea DEPARTMENT OF COMMERCE turtle observer requirement and the AD • NMFS, Southeast Region, 263 13th National Oceanic and Atmospheric Avenue South, St. Petersburg, FL 33701; is ultimately to implement ESA sections Administration • NMFS, West Coast Region, 501 W. 9 and 4(d), which prohibit the Ocean Blvd., Suite 4200, Long Beach, incidental take of endangered and RIN 0648–XE191 threatened sea turtles, respectively, and CA 90802; to conserve sea turtles. Section 11 of the 2016 Annual Determination To • NMFS, Pacific Islands Region, ESA provides for civil and criminal Implement the Sea Turtle Observer Protected Resources, 1845 Wasp Blvd., penalties for anyone who violates a Requirement Building 176, Honolulu, HI 96818. regulation issued pursuant to the ESA, AGENCY: National Marine Fisheries Purpose of the Sea Turtle Observer including regulations that implement Service (NMFS), National Oceanic and Requirement the take prohibition, as well as for the Atmospheric Administration (NOAA), issuance of regulations to enforce the Under the ESA, 16 U.S.C. 1531 et seq., Commerce. take prohibitions. NMFS may grant NMFS has the responsibility to exceptions to the take prohibitions for ACTION: Notice. implement programs to conserve marine activities that are covered by an species listed as endangered or SUMMARY: The National Marine incidental take statement or an threatened. All sea turtles found in U.S. Fisheries Service (NMFS) is providing incidental take permit issued pursuant waters are listed as either endangered or notification that the agency will not to ESA section 7 or 10, respectively. To threatened under the ESA. Kemp’s identify additional fisheries to observe do so, NMFS must determine the ridley (Lepidochelys kempii), on the Annual Determination (AD) for activity that will result in incidental loggerhead (Caretta caretta; North take is not likely to jeopardize the 2016, pursuant to its authority under the Pacific distinct population segment), Endangered Species Act (ESA). Through continued existence of the affected leatherback (Dermochelys coriacea), and listed species. For some Federal the AD, NMFS identifies U.S. fisheries hawksbill (Eretmochelys imbricata) sea operating in the Atlantic Ocean, Gulf of fisheries and most state fisheries, NMFS turtles are listed as endangered. has not granted an exception for Mexico, and Pacific Ocean that will be Loggerhead (Caretta caretta; Northwest required to take observers upon NMFS’ incidental takes of sea turtles primarily Atlantic distinct population segment), because we lack information about request. The purpose of observing green (Chelonia mydas), and olive identified fisheries is to learn more fishery-sea turtle interactions. ridley (Lepidochelys olivacea) sea The most effective way for NMFS to about sea turtle interactions in a given turtles are listed as threatened, except fishery, evaluate measures to prevent or learn about sea turtle-fishery for breeding colony populations of green interactions, in order to implement reduce sea turtle takes, and implement sea turtles in Florida and on the Pacific the prohibition against sea turtle takes. management measures and prevent or coast of Mexico, and breeding colony minimize take, is to place observers Fisheries identified on the 2015 AD (see populations of olive ridley sea turtles on Table 1) remain on the AD for a 5-year aboard fishing vessels. In 2007, NMFS the Pacific coast of Mexico, which are issued a regulation (50 CFR 222.402) period and are required to carry listed as endangered. Due to the establishing procedures to annually observers upon NMFS’ request until inability to distinguish between identify, pursuant to specified criteria December 31, 2019. populations of green and olive ridley and after notice and opportunity for ADDRESSES: See SUPPLEMENTARY turtles away from the nesting beach, comment, those fisheries in which the INFORMATION for a listing of all Regional NMFS considers these turtles agency intends to place observers (72 FR Offices. endangered wherever they occur in U.S. 43176, August 3, 2007). These FOR FURTHER INFORMATION CONTACT: Sara waters. While some sea turtle regulations specify that NMFS may McNulty, Office of Protected Resources, populations have shown signs of place observers on U.S. fishing vessels, 301–427–8402; Ellen Keane, Greater recovery, many populations continue to commercial or recreational, operating in Atlantic Region, 978–282–8476; Dennis decline. On March 23, 2015, NMFS and U.S. territorial waters, the U.S. Klemm, Southeast Region, 727–824– the U.S. Fish and Wildlife Service exclusive economic zone (EEZ), or on mstockstill on DSK4VPTVN1PROD with NOTICES 5312; Dan Lawson, West Coast Region, (USFWS) found that the green sea turtle the high seas, or on vessels that are 562–980–3209; Irene Kelly, Pacific is composed of 11 distinct population otherwise subject to the jurisdiction of Islands Region, 808–725–5141. segments (DPSs) that qualify as the United States. Failure to comply Individuals who use a ‘‘species’’ for listing under the ESA. with the requirements under this rule telecommunications device for the NMFS and USFWS proposed to remove may result in civil or criminal penalties hearing impaired may call the Federal the current range-wide listing and, in its under the ESA. Information Relay Service at 1–800– place, list eight DPSs as threatened and Where observers are required, NMFS 877–8339 between 8 a.m. and 4 p.m. three as endangered. will pay the direct costs for vessels to VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1

80324 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices carry observers. These include observer 2016 Annual Determination (4) NMFS intends to monitor the salary and insurance costs. NMFS may Pursuant to 50 CFR 222.402, NOAA’s fishery and anticipates that it will have also evaluate other potential direct Assistant Administrator for Fisheries the funds to do so. costs, should they arise. Once selected, (AA), in consultation with Regional NMFS is providing notification that a fishery will be eligible to be observed Administrators and Fisheries Science the agency is not identifying additional for a period of 5 years without further Center Directors, annually identifies fisheries to observe on the 2016 AD, action by NMFS. This will enable NMFS fisheries for inclusion on the AD based pursuant to its authority under the ESA. to develop an appropriate sampling on the extent to which: NMFS is not identifying additional protocol to investigate whether, how, (1) The fishery operates in the same fisheries at this time given lack of when, where, and under what waters and at the same time as sea dedicated resources to implement new conditions incidental takes are turtles are present; (2) The fishery operates at the same observer programs or expand existing occurring; evaluate whether existing observer programs to focus on sea measures are minimizing or preventing time or prior to elevated sea turtle strandings; or turtles (50 CFR 222.402(a)(4)). The 14 takes; and develop ESA management fisheries identified on the 2015 AD (see (3) The fishery uses a gear or measures that implement the technique that is known or likely to Table 1) remain on the AD for a 5-year prohibitions against take and that result in incidental take of sea turtles period and are therefore required to conserve sea turtles. based on documented or reported takes carry observers upon NMFS’ request in the same or similar fisheries; and until December 31, 2019. TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE 2015 ANNUAL DETERMINATION. Years eligible to Fishery carry observers Trawl Fisheries Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .............................................................................................................. 2015–2019 Gulf of Mexico mixed species fish trawl ........................................................................................................................................ 2015–2019 Gillnet Fisheries California halibut, white seabass and other species set gillnet (>3.5 in mesh) ........................................................................... 2015–2019 California yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ............................................... 2015–2019 Chesapeake Bay inshore gillnet .................................................................................................................................................... 2015–2019 Long Island inshore gillnet ............................................................................................................................................................. 2015–2019 North Carolina inshore gillnet ........................................................................................................................................................ 2015–2019 Gulf of Mexico gillnet ..................................................................................................................................................................... 2015–2019 Trap/pot Fisheries Atlantic blue crab trap/pot .............................................................................................................................................................. 2015–2019 Atlantic mixed species trap/pot ...................................................................................................................................................... 2015–2019 Northeast/Mid-Atlantic American lobster trap/pot .......................................................................................................................... 2015–2019 Pound Net/Weir/Seine Fisheries Mid-Atlantic haul/beach seine ........................................................................................................................................................ 2015–2019 Mid-Atlantic menhaden purse seine .............................................................................................................................................. 2015–2019 Rhode Island floating trap ............................................................................................................................................................. 2015–2019 Dated: December 21, 2015. Atmospheric Administration (NOAA), MA 01950; phone: (978) 777–2500; fax: Perry F. Gayaldo, Commerce. (978) 750–7911. Deputy Director, Office of Protected ACTION: Notice; public meeting. Council address: New England Resources, National Marine Fisheries Service. Fishery Management Council, 50 Water [FR Doc. 2015–32425 Filed 12–23–15; 8:45 am] Street, Mill 2, Newburyport, MA 01950. SUMMARY: The New England Fishery BILLING CODE 3510–22–P Management Council (Council) is FOR FURTHER INFORMATION CONTACT: scheduling a public meeting of its Thomas A. Nies, Executive Director, Herring Advisory Panel to consider New England Fishery Management DEPARTMENT OF COMMERCE Council; telephone: (978) 465–0492. actions affecting New England fisheries National Oceanic and Atmospheric in the exclusive economic zone (EEZ). SUPPLEMENTARY INFORMATION: Administration Recommendations from this group will Agenda mstockstill on DSK4VPTVN1PROD with NOTICES be brought to the full Council for formal consideration and action, if appropriate. The Advisory Panel (AP) plans to RIN 0648–XE362 review Amendment 8 to the Atlantic DATES:This meeting will be held on New England Fishery Management Herring Fishery Management Plan Tuesday, January 12, 2016, at 10 a.m. Council; Public Meeting related to the Acceptable Biological ADDRESSES: Meeting address: The Catch control rule, and the localized AGENCY: National Marine Fisheries meeting will be held at the DoubleTree depletion in inshore waters. The panel Service (NMFS), National Oceanic and by Hilton, 50 Ferncroft Road, Danvers, will also discuss the potential for using VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1


Document Created: 2015-12-24 02:25:55
Document Modified: 2015-12-24 02:25:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactSara McNulty, Office of Protected Resources, 301-427-8402; Ellen Keane, Greater Atlantic Region, 978-282- 8476; Dennis Klemm, Southeast Region, 727-824-5312; Dan Lawson, West Coast Region, 562-980-3209; Irene Kelly, Pacific Islands Region, 808- 725-5141. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1- 800-877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays.
FR Citation80 FR 80323 
RIN Number0648-XE19
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