2017 Annual Determination to Implement the Sea Turtle Observer Requirement, 90330-90332 [2016-29948]
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1. Importance and Applicability (18
points): This criterion ascertains
whether there is intrinsic value in the
proposed work and/or relevance to the
priorities presented in the solicitation.
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award.
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points): NOAA assesses whether the
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not necessarily be made to the highestscored applications. Unsuccessful
applicants will be notified that their
application was not among those
recommended for funding. Unsuccessful
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applications submitted in hard copy
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destroyed.
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found in the full Federal Funding
Opportunity.
Dated: December 8, 2016.
Carrie Selberg,
Deputy Director, Office of Habitat
Conservation, National Marine Fisheries
Service.
Administrative and National Policy
Requirements
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Grants and Cooperative Agreements
contained in the Federal Register notice
of December 30, 2014 (79 FR 78390) are
applicable to this solicitation.
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full Federal Funding Opportunity.
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required to, nor shall a person be subject
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[FR Doc. 2016–29926 Filed 12–13–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
RIN 0648–XE940
2017 Annual Determination to
Implement the Sea Turtle Observer
Requirement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
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
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’
SUMMARY:
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14DEN1
Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices
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.
sradovich on DSK3GMQ082PROD with NOTICES
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
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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
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90331
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
E:\FR\FM\14DEN1.SGM
14DEN1
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
carry observers
Fishery
Trawl Fisheries
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ..........................................................................................................
Gulf of Mexico mixed species fish trawl ....................................................................................................................................
2015–2019
2015–2019
Gillnet Fisheries
California halibut, white seabass and other species set gillnet (>3.5 in mesh) .......................................................................
California yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ...........................................
Chesapeake Bay inshore gillnet ................................................................................................................................................
Long Island inshore gillnet .........................................................................................................................................................
North Carolina inshore gillnet ....................................................................................................................................................
Gulf of Mexico gillnet .................................................................................................................................................................
2015–2019
2015–2019
2015–2019
2015–2019
2015–2019
2015–2019
Trap/Pot Fisheries
Atlantic blue crab trap/pot ..........................................................................................................................................................
Atlantic mixed species trap/pot ..................................................................................................................................................
Northeast/Mid-Atlantic American lobster trap/pot ......................................................................................................................
2015–2019
2015–2019
2015–2019
Pound Net/Weir/Seine Fisheries
Mid-Atlantic haul/beach seine ....................................................................................................................................................
Mid-Atlantic menhaden purse seine ..........................................................................................................................................
Rhode Island floating trap .........................................................................................................................................................
Dated: December 8, 2016.
Donna S. Wieting
Director, Office of Protected Resources,
National Marine Fisheries Service.
2015–2019
2015–2019
2015–2019
Department of Defense, Defense
Security Cooperation Agency.
ACTION: Notice.
requirements of section 155 of Public
Law 104–164 dated July 21, 1996.
FOR FURTHER INFORMATION CONTACT: Pam
Young, DSCA/SE&E–RAN, (703) 697–
9107.
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittal 16–76 with
attached Policy Justification and
Sensitivity of Technology.
The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sales notification.
This is published to fulfill the
Dated: December 9, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 16–76]
[FR Doc. 2016–29948 Filed 12–13–16; 8:45 am]
36(b)(1) Arms Sales Notification
BILLING CODE 3510–22–P
AGENCY:
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SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90330-90332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
