2011 Annual Determination for Sea Turtle Observer Requirement, 81201-81203 [2010-32341]
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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules
commercial interest to the requester is
not sufficiently large in comparison
with the public interest in disclosure to
render the disclosure one that is
primarily in the commercial interest of
the requester.
(d) DOT furnishes documents without
charge or at a reduced charge when the
official having initial denial authority
determines that the request concerns
records related to the death of an
immediate family member who was, at
the time of death, a DOT employee.
(e) DOT furnishes documents without
charge or at a reduced charge if the
official having initial denial authority
determines that the request is by the
victim of a crime who seeks the record
of the trial at which the requester
testified.
(f) DOT does not assess the following
fees when DOT fails to comply with the
time limits under §§ 7.31 or 7.33 and no
unusual or exceptional circumstances
(see § 7.34(a) and (c)) apply to the
processing of the request or appeal:
(1) Search fees otherwise chargeable
under § 7.42(h) and (j); and
(2) Duplication fees otherwise
chargeable under § 7.42(i).
§ 7.44 How can I pay a processing fee for
records requested under subpart B or
subpart C?
(a) Fees should be paid online, using
a credit card, debit card, or electronic
check. The DOT FOIA page (https://
www.dot.gov/foia) has direct links to the
electronic payment site. Any fees paid
with a paper check, draft, or money
order must be made payable to the U.S.
Treasury and delivered as directed by
the applicable FOIA Requester Service
Center identified in § 7.27 (if the fees are
for records made available under
subpart C) or the DOT Dockets Office
identified in § 7.12(b)(1) (if the fees are
for records made available under
subpart B).
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§ 7.45 When are pre-payments required for
records requested under subpart C, and
how are they handled?
(a) When DOT estimates that the
search charges, review charges,
duplication fees, or any combination of
fees that could be charged to the
requester will likely exceed US $25,
DOT notifies the requester of the
estimated amount of the fees, unless the
requester has previously indicated a
willingness to pay fees as high as those
anticipated. In cases where DOT notifies
the requester that actual or estimated
fees may amount to more than US $25,
the time limit for responding to the
request is tolled until the requester has
agreed to pay the anticipated total fee
(see § 7.35). The notice also informs the
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requester how to consult with the
appropriate DOT officials with the
object of reformulating the request to
meet his or her needs at a lower cost.
(b) DOT may require payment of fees
prior to actual duplication or delivery of
any releasable records to a requester.
However, advance payment, i.e., before
work is commenced or continued on a
request, is not required unless:
(1) Allowable charges that a requester
may be required to pay are likely to
exceed US $250; or
(2) The requester has failed to pay
within 30 days of the billing date fees
charged for a previous request to any
part of the U.S. Government.
(c) When paragraph (b)(1) of this
section applies, DOT notifies the
requester of the estimated cost. If the
requester has a history of prompt
payment of FOIA fees, the requester
must furnish satisfactory assurance of
full payment of the estimated charges.
Otherwise, the requester may be
required to make advance payment of
any amount up to the full estimated
charges.
(d) When paragraph (b)(2) of this
section applies, DOT requires the
requester to either demonstrate that the
fee has been paid or pay the full amount
owed, including any applicable interest,
late handling charges, and penalty
charges as discussed in § 7.46. DOT also
requires such a requester to make an
advance payment of the full amount of
the estimated fee before DOT begins
processing a new request or continues
processing a pending request.
(e) In the event that a DOT component
is required to refund a prepayment, the
processing of the refund may necessitate
collection of the requester’s Taxpayer
Identification Number or Social Security
Number and direct deposit information
(bank routing number and bank account
number) under 31 U.S.C. 3325, 31
U.S.C. 3332, and 31 CFR Part 208.
§ 7.46
How are late payments handled?
(a) DOT assesses interest on an
unpaid bill starting on the 31st day
following the day on which the notice
of the amount due is first mailed to the
requester. Interest accrues from the date
of the notice of amount due at the rate
prescribed in 31 U.S.C. 3717. Receipt by
DOT of a payment for the full amount
of the fees owed within 30 calendar
days after the date of the initial billing
stops the accrual of interest, even if the
payment has not been processed.
(b) If DOT does not receive payment
of the fees charged within 30 calendar
days after the date the initial notice of
the amount due is first mailed to the
requester, DOT assesses an
administrative charge to cover the cost
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81201
of processing and handling the
delinquent claim. In addition, DOT
applies a penalty charge with respect to
any principal amount of a debt that is
more than 90 days past due. Where
appropriate, DOT uses other steps
permitted by Federal debt collection
statutes, including disclosure to
consumer reporting agencies and use of
collection agencies, to encourage
payment of amounts overdue.
Issued in Washington, DC, on December
20, 2010.
Ray LaHood,
Secretary.
[FR Doc. 2010–32407 Filed 12–23–10; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 222
RIN 0648–XA016
2011 Annual Determination for Sea
Turtle Observer Requirement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of annual
determination.
AGENCY:
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
2011, pursuant to its authority under the
Endangered Species Act (ESA). Through
an AD, NMFS identifies 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 existing measures to
prevent or reduce prohibited sea turtle
takes, and to determine whether
additional measures to implement the
prohibition against sea turtle takes may
be necessary. Fisheries identified in the
2010 AD (see Table 1) remain on the AD
and are therefore required to carry
observers upon NMFS’ request, until
2014.
ADDRESSES: See SUPPLEMENTARY
INFORMATION for a listing of all Regional
Offices.
FOR FURTHER INFORMATION CONTACT:
Kristy Long, Office of Protected
Resources, 301–713–2322; Ellen Keane,
Northeast Region, 978–282–8476;
SUMMARY:
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81202
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules
Dennis Klemm, Southeast Region, 727–
824–5312; Elizabeth Petras, Southwest
Region, 562–980–3238; Kim Maison,
Pacific Islands Region, 808–944–2257.
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 https://www.nmfs.noaa.gov/
pr/species/turtles/regulations.htm or
from any NMFS Regional Office at the
addresses listed below:
NMFS, Northeast Region, 55 Great
Republic Drive, Gloucester, MA 01930–
2298;
NMFS, Southeast Region, 263 13th
Avenue South, St. Petersburg, FL 33701;
NMFS, Southwest Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; or
NMFS, Pacific Islands Region,
Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI
96814–4700.
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
life 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),
leatherback (Dermochelys coriacea), and
hawksbill (Eretmochelys imbricata) sea
turtles are listed as endangered.
Loggerhead (Caretta caretta), green
(Chelonia mydas), and olive ridley
(Lepidochelys olivacea) sea turtles are
listed as threatened, except for breeding
colony populations of green turtles in
Florida and on the Pacific coast of
Mexico and breeding colony
populations of olive ridleys 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.
Incidental take, or bycatch, in fishing
gear is one of the main sources of sea
turtle injury and mortality nationwide.
Section 9 of the ESA prohibits the take
(including harassing, harming,
pursuing, hunting, shooting, wounding,
killing, trapping, capturing, or 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). Sections 9 and 11 of the
ESA authorize the issuance of
regulations to enforce the take
prohibitions. NMFS may grant
exceptions to the take prohibitions with
an incidental take statement or an
incidental take permit issued pursuant
to ESA section 7 or 10, respectively. To
do so, NMFS must determine that 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 primarily
because we lack information about
fishery-sea turtle interactions.
The most effective way for NMFS to
learn more about sea turtle-fishery
interactions in order to prevent or
minimize take is to place observers
aboard fishing vessels. In 2007, NMFS
issued a regulation (50 CFR 222.402) to
establish procedures through which
each year NMFS will 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, either recreational or
commercial, 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 U.S. Failure to
comply with the requirements under
this rule may result in civil or criminal
penalties under the ESA.
NMFS and/or interested cooperating
entities 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 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; to evaluate whether existing
measures are minimizing or preventing
takes; and to determine whether
additional measures are needed to
implement ESA take prohibitions and
conserve turtles.
2011 Annual Determination
NMFS is providing notification that
the agency will not identify additional
fisheries to observe for the 2011 AD,
pursuant to its authority under the ESA.
NMFS is not identifying additional
fisheries at this time given lack of
resources to implement new or expand
existing observer programs to focus on
sea turtles (50 CFR 222.402(a)(4)).
Fisheries identified in the 2010 AD (see
Table 1) remain on the AD and are
therefore required to carry observers,
upon NMFS’ request, until 2014.
TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE ANNUAL DETERMINATION
Years eligible to
carry observers
Fishery
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Trawl Fisheries
Atlantic shellfish bottom trawl ..........................................................................................................................................................
Mid-Atlantic bottom trawl .................................................................................................................................................................
Mid-Atlantic mid-water trawl (including pair trawl) ...........................................................................................................................
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ................................................................................................................
2010–2014
2010–2014
2010–2014
2010–2014
Gillnet Fisheries
CA halibut, white seabass and other species set gillnet (>3.5 in. mesh) .......................................................................................
CA yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ...........................................................
Chesapeake Bay inshore gillnet ......................................................................................................................................................
Long Island inshore gillnet ...............................................................................................................................................................
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27DEP1
2010–2014
2010–2014
2010–2014
2010–2014
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules
81203
TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE ANNUAL DETERMINATION—Continued
Years eligible to
carry observers
Fishery
Mid-Atlantic gillnet ............................................................................................................................................................................
North Carolina inshore gillnet ..........................................................................................................................................................
Northeast sink gillnet .......................................................................................................................................................................
Southeast Atlantic gillnet .................................................................................................................................................................
2010–2014
2010–2014
2010–2014
2010–2014
Trap/Pot Fisheries
Atlantic blue crab trap/pot ................................................................................................................................................................
Atlantic mixed species trap/pot ........................................................................................................................................................
Northeast/mid-Atlantic American lobster trap/pot ............................................................................................................................
2010–2014
2010–2014
2010–2014
Pound Net/Weir/Seine Fisheries
Mid-Atlantic haul/beach seine ..........................................................................................................................................................
Mid-Atlantic menhaden purse seine ................................................................................................................................................
U.S. mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net) .................................................
Virginia pound net ............................................................................................................................................................................
Dated: December 17, 2010.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–32341 Filed 12–23–10; 8:45 am]
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BILLING CODE 3510–22–P
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Jkt 223001
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E:\FR\FM\27DEP1.SGM
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2010–2014
2010–2014
2010–2014
2010–2014
]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81201-81203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32341]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
RIN 0648-XA016
2011 Annual Determination for Sea Turtle Observer Requirement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of annual determination.
-----------------------------------------------------------------------
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 2011, pursuant to its
authority under the Endangered Species Act (ESA). Through an AD, NMFS
identifies 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 existing
measures to prevent or reduce prohibited sea turtle takes, and to
determine whether additional measures to implement the prohibition
against sea turtle takes may be necessary. Fisheries identified in the
2010 AD (see Table 1) remain on the AD and are therefore required to
carry observers upon NMFS' request, until 2014.
ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional
Offices.
FOR FURTHER INFORMATION CONTACT: Kristy Long, Office of Protected
Resources, 301-713-2322; Ellen Keane, Northeast Region, 978-282-8476;
[[Page 81202]]
Dennis Klemm, Southeast Region, 727-824-5312; Elizabeth Petras,
Southwest Region, 562-980-3238; Kim Maison, Pacific Islands Region,
808-944-2257. 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 https://www.nmfs.noaa.gov/pr/species/turtles/regulations.htm or from any NMFS
Regional Office at the addresses listed below:
NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA
01930-2298;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701;
NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213; or
NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI 96814-4700.
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 life 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), leatherback (Dermochelys coriacea), and hawksbill
(Eretmochelys imbricata) sea turtles are listed as endangered.
Loggerhead (Caretta caretta), green (Chelonia mydas), and olive ridley
(Lepidochelys olivacea) sea turtles are listed as threatened, except
for breeding colony populations of green turtles in Florida and on the
Pacific coast of Mexico and breeding colony populations of olive
ridleys 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.
Incidental take, or bycatch, in fishing gear is one of the main
sources of sea turtle injury and mortality nationwide. Section 9 of the
ESA prohibits the take (including harassing, harming, pursuing,
hunting, shooting, wounding, killing, trapping, capturing, or
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). Sections 9 and 11 of the ESA authorize the issuance of
regulations to enforce the take prohibitions. NMFS may grant exceptions
to the take prohibitions with an incidental take statement or an
incidental take permit issued pursuant to ESA section 7 or 10,
respectively. To do so, NMFS must determine that 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 primarily
because we lack information about fishery-sea turtle interactions.
The most effective way for NMFS to learn more about sea turtle-
fishery interactions in order to prevent or minimize take is to place
observers aboard fishing vessels. In 2007, NMFS issued a regulation (50
CFR 222.402) to establish procedures through which each year NMFS will
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, either
recreational or commercial, 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 U.S. Failure to
comply with the requirements under this rule may result in civil or
criminal penalties under the ESA.
NMFS and/or interested cooperating entities 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 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; to evaluate whether existing measures are minimizing or
preventing takes; and to determine whether additional measures are
needed to implement ESA take prohibitions and conserve turtles.
2011 Annual Determination
NMFS is providing notification that the agency will not identify
additional fisheries to observe for the 2011 AD, pursuant to its
authority under the ESA. NMFS is not identifying additional fisheries
at this time given lack of resources to implement new or expand
existing observer programs to focus on sea turtles (50 CFR
222.402(a)(4)). Fisheries identified in the 2010 AD (see Table 1)
remain on the AD and are therefore required to carry observers, upon
NMFS' request, until 2014.
Table 1--State and Federal Commercial Fisheries Included on the Annual
Determination
------------------------------------------------------------------------
Years eligible
Fishery to carry
observers
------------------------------------------------------------------------
Trawl Fisheries
------------------------------------------------------------------------
Atlantic shellfish bottom trawl....................... 2010-2014
Mid-Atlantic bottom trawl............................. 2010-2014
Mid-Atlantic mid-water trawl (including pair trawl)... 2010-2014
Southeastern U.S. Atlantic, Gulf of Mexico shrimp 2010-2014
trawl................................................
------------------------------------------------------------------------
Gillnet Fisheries
------------------------------------------------------------------------
CA halibut, white seabass and other species set 2010-2014
gillnet (>3.5 in. mesh)..............................
CA yellowtail, barracuda, and white seabass drift 2010-2014
gillnet (mesh size >3.5 in. and <14 in.).............
Chesapeake Bay inshore gillnet........................ 2010-2014
Long Island inshore gillnet........................... 2010-2014
[[Page 81203]]
Mid-Atlantic gillnet.................................. 2010-2014
North Carolina inshore gillnet........................ 2010-2014
Northeast sink gillnet................................ 2010-2014
Southeast Atlantic gillnet............................ 2010-2014
------------------------------------------------------------------------
Trap/Pot Fisheries
------------------------------------------------------------------------
Atlantic blue crab trap/pot........................... 2010-2014
Atlantic mixed species trap/pot....................... 2010-2014
Northeast/mid-Atlantic American lobster trap/pot...... 2010-2014
------------------------------------------------------------------------
Pound Net/Weir/Seine Fisheries
------------------------------------------------------------------------
Mid-Atlantic haul/beach seine......................... 2010-2014
Mid-Atlantic menhaden purse seine..................... 2010-2014
U.S. mid-Atlantic mixed species stop seine/weir/pound 2010-2014
net (except the NC roe mullet stop net)..............
Virginia pound net.................................... 2010-2014
------------------------------------------------------------------------
Dated: December 17, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2010-32341 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-22-P
