81 FR 90330 - 2017 Annual Determination to Implement the Sea Turtle Observer Requirement
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 240 (December 14, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 240 (December 14, 2016)
| Page Range | 90330-90332 | |
| FR Document | 2016-29948 |
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)] [Notices] [Pages 90330-90332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29948] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE940 2017 Annual Determination to Implement the Sea Turtle Observer Requirement AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. ----------------------------------------------------------------------- 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 2017, 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' [[Page 90331]] 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 Wissmann, 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 online 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), hawksbill (Eretmochelys imbricata), and olive ridley (Lepidochelys olivacea; breeding colony on the Pacific Coast of Mexico) sea turtles are listed as endangered. Green (Chelonia mydas; North Atlantic, Central North Pacific, and East Pacific distinct population segments), loggerhead (Caretta caretta; Northwest Atlantic distinct population segment), and olive ridley (Lepidochelys olivacea; all except the breeding colony on the Pacific Coast of Mexico) sea turtles are listed as threatened. Due to the inability to distinguish between populations of 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. 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 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 five 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. 2017 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 2017 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 [[Page 90332]] 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 8, 2016. Donna S. Wieting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-29948 Filed 12-13-16; 8:45 am] BILLING CODE 3510-22-P
![90330 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices
1. Importance and Applicability (18 applications submitted in hard copy to a penalty for failure to comply with,
points): This criterion ascertains will be kept on file in accordance with a collection of information subject to the
whether there is intrinsic value in the NOAA records requirements and then requirements of the PRA unless that
proposed work and/or relevance to the destroyed. collection of information displays a
priorities presented in the solicitation. currently valid OMB control number.
2. Technical/Scientific Merit (28 Intergovernmental Review
points): This criterion assesses whether Applications submitted under the Executive Order 12866
the project activity or approach is FFO are subject to the provisions of This notice has been determined to be
technically sound, if the methods are Executive Order 12372, not significant for purposes of Executive
appropriate, and whether there are clear ‘‘Intergovernmental Review of Order 12866.
goals and objectives. Programs.’’ Any applicant submitting an
3. Overall Qualifications of Applicant Executive Order 13132 (Federalism)
application for funding is required to
(24 points): This criterion ascertains complete item 16 on Form SF–424 It has been determined that this notice
whether the applicant possesses the regarding clearance by the State Single does not contain policies with
necessary education, experience, Point of Contact (SPOC). To find out implications as that term is defined in
training, facilities, and administrative about and comply with a State’s process Executive Order 13132.
resources to support the proposed under Executive Order 12372, the Administrative Procedure Act/
award. names, addresses and phone numbers of Regulatory Flexibility Act
4. Project Costs (20 points): This participating SPOC’s are listed on the
criterion evaluates the budget to Office of Management and Budget’s Prior notices and an opportunity for
determine if it is realistic and home page at: http:// public comment are not required by the
commensurate with the project’s needs www.whitehouse.gov/omb/grants_spoc. Administrative Procedure Act or any
and time-frame. other law for rules concerning public
5. Outreach and Education (10 Limitation of Liability property, loans, grants, benefits, and
points): NOAA assesses whether the In no event will NOAA or the contracts (5 U.S.C. 553(a)(2)). Because
recipient can deliver a focused and Department of Commerce be responsible notice and opportunity for comment are
effective training and community for proposal preparation costs if these not required pursuant to 5 U.S.C. 553 or
outreach strategy for the GulfCorps. programs fail to receive funding or are any other law, the analytical
Review and Selection Process cancelled because of other agency requirements for the Regulatory
priorities. Publication of this Flexibility Act (5 U.S.C. 601 et seq.) are
Applications will undergo an initial announcement does not oblige NOAA to inapplicable. Therefore, a regulatory
administrative review to determine if award any specific project or to obligate flexibility analysis has not been
they are eligible and complete, per any available funds. prepared.
Section III of the full FFO posted at
National Environmental Policy Act Dated: December 8, 2016.
www.Grants.gov. Eligible applications
will be evaluated by three or more merit Carrie Selberg,
NOAA must analyze the potential
reviewers as part of a panel review Deputy Director, Office of Habitat
environmental impacts, as required by Conservation, National Marine Fisheries
process to determine how well they the National Environmental Policy Act Service.
meet the program priorities and (NEPA), for applicant projects or
evaluation criteria of this solicitation. [FR Doc. 2016–29926 Filed 12–13–16; 8:45 am]
proposals which are seeking NOAA
The Selecting Official anticipates federal funds. Further details regarding
BILLING CODE 3510–22–P
recommending applications for funding NOAA’s compliance with NEPA can be
in rank order unless an application is found in the full Federal Funding
justified to be selected out of rank order DEPARTMENT OF COMMERCE
Opportunity.
based upon one or more of the following National Oceanic and Atmospheric
selection factors: (1) Availability of Administrative and National Policy
Requirements Administration
funding; (2) Balance/distribution of
funds: (a) by geographic area, (b) by type The Department of Commerce Pre- RIN 0648–XE940
of institutions, (c) by type of partners, Award Notification Requirements for
(d) by research areas; or (e) by project 2017 Annual Determination to
Grants and Cooperative Agreements
types; (3) Whether the project duplicates Implement the Sea Turtle Observer
contained in the Federal Register notice
other projects funded or considered for Requirement
of December 30, 2014 (79 FR 78390) are
funding by NOAA or other federal applicable to this solicitation. AGENCY: National Marine Fisheries
agencies; (4) Program priorities and Additional administrative and national Service (NMFS), National Oceanic and
policy factors set out in section I.A. and policy requirements are described in the Atmospheric Administration (NOAA),
I.B. of the FFO; (5) An applicant’s prior full Federal Funding Opportunity. Commerce.
award performance; (6) Partnerships ACTION: Notice.
and/or participation of targeted groups; Paperwork Reduction Act
and (7) Adequacy of information This document contains collection-of- SUMMARY: The National Marine
necessary for NOAA staff to make a information requirements subject to the Fisheries Service (NMFS) is providing
NEPA determination and draft Paperwork Reduction Act (PRA). The notification that the agency will not
necessary documentation before use of Standard Forms 424, 424A, 424B, identify additional fisheries to observe
sradovich on DSK3GMQ082PROD with NOTICES
recommendations for funding are made and SF–LLL has been approved by the on the Annual Determination (AD) for
to the NOAA GMD. Hence, awards may Office of Management and Budget 2017, pursuant to its authority under the
not necessarily be made to the highest- (OMB) under the respective control Endangered Species Act (ESA). Through
scored applications. Unsuccessful numbers 4040–0004, 4040–0006, 4040– the AD, NMFS identifies U.S. fisheries
applicants will be notified that their 0007, and 4040–0013. Notwithstanding operating in the Atlantic Ocean, Gulf of
application was not among those any other provision of law, no person is Mexico, and Pacific Ocean that will be
recommended for funding. Unsuccessful required to, nor shall a person be subject required to take observers upon NMFS’
VerDate Sep<11>2014 18:45 Dec 13, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/81_FR_90570/page/1.svg)
![90332 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices
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 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 8, 2016. DEPARTMENT OF DEFENSE requirements of section 155 of Public
Donna S. Wieting Law 104–164 dated July 21, 1996.
Director, Office of Protected Resources, Office of the Secretary FOR FURTHER INFORMATION CONTACT: Pam
National Marine Fisheries Service. [Transmittal No. 16–76] Young, DSCA/SE&E–RAN, (703) 697–
[FR Doc. 2016–29948 Filed 12–13–16; 8:45 am] 9107.
BILLING CODE 3510–22–P
36(b)(1) Arms Sales Notification The following is a copy of a letter to
the Speaker of the House of
AGENCY: Department of Defense, Defense
Representatives, Transmittal 16–76 with
Security Cooperation Agency.
attached Policy Justification and
ACTION: Notice. Sensitivity of Technology.
SUMMARY: The Department of Defense is Dated: December 9, 2016.
publishing the unclassified text of a Aaron Siegel,
section 36(b)(1) arms sales notification. Alternate OSD Federal Register Liaison
This is published to fulfill the Officer, Department of Defense.
sradovich on DSK3GMQ082PROD with NOTICES
VerDate Sep<11>2014 18:45 Dec 13, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/81_FR_90570/page/3.svg)
Document Created: 2016-12-14 00:48:43
Document Modified: 2016-12-14 00:48:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Sara Wissmann, 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 Citation | 81 FR 90330 | |
| RIN Number | 0648-XE94 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR