2019 Annual Determination To Implement the Sea Turtle Observer Requirement, 63483-63485 [2018-26628]
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Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
applicant. The applicant has withdrawn
the application from further
consideration.
Dated: December 4, 2018.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2018–26666 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Limits of
Application of the Take Prohibitions
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before February 8, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Gary Rule, NOAA Fisheries,
1201 NE Lloyd Blvd. Suite 1100,
Portland, OR 97232, (503) 230–5424 or
gary.rule@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for extension of a
currently approved information
collection.
Section 4(d) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et. seq.) requires the National
Marine Fisheries Service (NMFS) to
adopt such regulations as it ‘‘deems
necessary and advisable to provide for
the conservation of’’ threatened species.
Those regulations may include any or
all of the prohibitions provided in
section 9(a)(1) of the ESA, which
specifically prohibits ‘‘take’’ of any
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17:10 Dec 07, 2018
Jkt 247001
endangered species (‘‘take’’ includes
actions that harass, harm, pursue, kill,
or capture). The first salmonid species
listed by NMFS as threatened were
protected by virtually blanket
application of the section 9 take
prohibitions. There are now 23 separate
Distinct Population Segments (DPS) of
west coast salmonids listed as
threatened, covering a large percentage
of the land base in California, Oregon,
Washington and Idaho. NMFS is
obligated to enact necessary and
advisable protective regulations. NMFS
makes section 9 prohibitions generally
applicable to many of those threatened
DPS, but also seeks to respond to
requests from states and others to both
provide more guidance on how to
protect threatened salmonids and avoid
take, and to limit the application of take
prohibitions wherever warranted (see 70
FR 37160, June 28, 2005, 71 FR 834,
January 5, 2006, and 73 FR 55451,
September 25, 2008). The regulations
describe programs or circumstances that
contribute to the conservation of, or are
being conducted in a way that limits
impacts on, listed salmonids. Because
we have determined that such
programs/circumstances adequately
protect listed salmonids, the regulations
do not apply the ‘‘take’’ prohibitions to
them. Some of these limits on the take
prohibitions entail voluntary
submission of a plan to NMFS and/or
annual or occasional reports by entities
wishing to take advantage of these
limits, or continue within them.
The currently approved application
and reporting requirements apply to
Pacific marine and anadromous fish
species, as requirements regarding other
species are being addressed in a
separate information collection.
II. Method of Collection
Submissions may be electronically or
on paper.
III. Data
OMB Control Number: 0648–0399.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Federal government;
State, local, or tribal government;
business or other for-profit
organizations.
Estimated Number of Respondents:
331.
Estimated Time per Response: 5 hours
for a diversion screening limit project;
20 hours for a road maintenance
agreement; 30 hours for an urban
development package; 20 hours for a
tribal plan; 10 hours for a fishery
harvest plan; 5 hours for a report of
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
63483
aided, salvaged, or disposed of
salmonids; 2 hours for research permits;
5 hours for artificial propagation plans;
and 2 hours for annual reports.
Estimated Total Annual Burden
Hours: 935.
Estimated Total Annual Cost to
Public: $580.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 4, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–26683 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG561
2019 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 2019 Annual Determination
(AD), pursuant to its authority under the
Endangered Species Act (ESA or Act).
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
SUMMARY:
E:\FR\FM\10DEN1.SGM
10DEN1
63484
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
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 and 2018 ADs
(see Table 1) remain on the AD for a 5year period and are required to carry
observers upon NMFS’ request until
December 31, 2019 and December 31,
2022, respectively.
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, (206) 526–4740; 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
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),
loggerhead (Caretta caretta; North
Pacific distinct population segment),
leatherback (Dermochelys coriacea),
green (Chelonia mydas; Central West
Pacific and Central South Pacific
distinct population segments), and
hawksbill (Eretmochelys imbricata) sea
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
turtles are listed as endangered.
Loggerhead (Caretta caretta; Northwest
Atlantic distinct population segment),
green (Chelonia mydas; North Atlantic,
South Atlantic, Central North Pacific,
and East Pacific distinct population
segments), and olive ridley
(Lepidochelys olivacea) sea turtles are
listed as threatened, except for 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 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 in fishing gear, or
bycatch, is the primary anthropogenic
source of sea turtle injury and mortality
in U.S. waters. Section 9 of the ESA
prohibits the take (defined to include
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). Section 11 of
the ESA provides for civil and criminal
penalties for anyone who violates the
Act or a regulation issued to implement
the Act. 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 for incidental takes of sea
turtles 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 implement the
take prohibitions 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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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 enforcement action.
When 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 required to carry
observers, if requested, for a period of
five years without further action by
NMFS. This will enable NMFS to
develop appropriate observer coverage
and 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 implement ESA take
prohibitions and conserve turtles.
2019 Annual Determination
Pursuant to 50 CFR 222.402(a),
NOAA’s Assistant Administrator for
Fisheries, 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 2019 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. 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. The
two fisheries identified on the 2018 AD
(see Table 1) will remain on the AD for
a 5-year period and are therefore
required to carry observers upon NMFS’
request until December 31, 2022.
E:\FR\FM\10DEN1.SGM
10DEN1
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
TABLE 1—STATE AND FEDERAL COM- previously furnished by nonprofit
MERCIAL FISHERIES INCLUDED ON agencies employing persons who are
THE 2015 AND 2018 ANNUAL DE- blind or have other severe disabilities.
Date deleted from the
Procurement List: January 6, 2019.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S Clark Street, Suite 715,
Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
603–2117, Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
DATES:
TERMINATIONS
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
Deletions
On 11/2/2018 (83 FR 213), the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice of proposed deletions
2015–2019 from the Procurement List.
After consideration of the relevant
matter presented, the Committee has
determined that the product and
2015–2019
services listed below are no longer
2015–2019 suitable for procurement by the Federal
2015–2019 Government under 41 U.S.C. 8501–8506
2015–2019 and 41 CFR 51–2.4.
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 ............
Mid-Atlantic gillnet ................
2015–2019
2018–2022
Regulatory Flexibility Act Certification
I certify that the following action will
Trap/pot Fisheries
not have a significant impact on a
substantial number of small entities.
Atlantic blue crab trap/pot ....
2015–2019
The major factors considered for this
Atlantic mixed species trap/
pot .....................................
2015–2019 certification were:
1. The action will not result in
Northeast/Mid-Atlantic American lobster trap/pot ..........
2015–2019 additional reporting, recordkeeping or
other compliance requirements for small
Pound Net/Weir/Seine Fisheries
entities.
2. The action may result in
Mid-Atlantic haul/beach seine
2015–2019 authorizing small entities to furnish the
Mid-Atlantic menhaden purse
product and services to the Government.
seine ..................................
2015–2019
3. There are no known regulatory
Rhode Island floating trap ....
2015–2019
alternatives which would accomplish
Gulf of Mexico menhaden
purse seine .......................
2018–2022 the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the product and
Dated: December 3, 2018.
services deleted from the Procurement
Donna S. Wieting,
List.
Director, Office of Protected Resources,
National Marine Fisheries Service.
End of Certification
Accordingly, the following product
and services are deleted from the
Procurement List:
[FR Doc. 2018–26628 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–22–P
Product(s)
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
AGENCY:
NSN(s)–Product Name(s): 6545–00–NSH–
0026—Long Range Raid (LRR)
Mandatory Source of Supply: ServiceSource,
Inc., Oakton, VA
Contracting Activity: COMMANDER,
QUANTICO, VA
This action deletes a product
and services from the Procurement List
Service(s)
Service Type: Janitorial/Custodial Service
Mandatory for:
U.S. Army Reserve Center: 936 Easton
Road, Horsham, PA
U.S. Army Reserve Center: 1020 Sandy
Street, Norristown, PA
Procurement List; Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Deletions from the Procurement
List.
SUMMARY:
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
PO 00000
Frm 00020
Fmt 4703
Sfmt 9990
63485
Mandatory Source of Supply: The Chimes,
Inc., Baltimore, MD
Contracting Activity: DEPT OF THE ARMY,
W40M NORTHEREGION CONTRACT
OFC
Michael R. Jurkowski,
Deputy Director, Business & PL Operations,
Business Operations.
[FR Doc. 2018–26619 Filed 12–7–18; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Deletion
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
AGENCY:
Proposed deletion from the
Procurement List.
ACTION:
The Committee is proposing
to delete a product that was furnished
by a nonprofit agency employing
persons who are blind or have other
severe disabilities.
SUMMARY:
Comments must be received on
or before: January 6, 2019.
DATES:
Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S Clark Street, Suite 715,
Arlington, Virginia 22202–4149.
ADDRESSES:
For
further information or to submit
comments contact: Michael R.
Jurkowski, Telephone: (703) 603–2117,
Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
FOR FURTHER INFORMATION CONTACT:
This
notice is published pursuant to 41
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed action.
SUPPLEMENTARY INFORMATION:
Deletion
The following product is proposed for
deletion from the Procurement List:
Product(s)
NSN(s)—Product Name(s): MR 546—Sponge,
All-Purpose, Nylon Mesh, Large
Mandatory Source of Supply: Alphapointe,
Kansas City, MO
Contracting Activity: Defense Commissary
Agency
Michael R. Jurkowski,
Deputy Director, Business & PL Operations,
Business Operations.
[FR Doc. 2018–26618 Filed 12–7–18; 8:45 am]
BILLING CODE 6353–01–P
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63483-63485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26628]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG561
2019 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 2019 Annual Determination (AD), pursuant to its
authority under the Endangered Species Act (ESA or Act). 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
[[Page 63484]]
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 and 2018 ADs (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 and December 31, 2022, respectively.
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, (206) 526-4740; 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 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), loggerhead (Caretta caretta; North Pacific distinct population
segment), leatherback (Dermochelys coriacea), green (Chelonia mydas;
Central West Pacific and Central South Pacific distinct population
segments), and hawksbill (Eretmochelys imbricata) sea turtles are
listed as endangered. Loggerhead (Caretta caretta; Northwest Atlantic
distinct population segment), green (Chelonia mydas; North Atlantic,
South Atlantic, Central North Pacific, and East Pacific distinct
population segments), and olive ridley (Lepidochelys olivacea) sea
turtles are listed as threatened, except for 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 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 in fishing gear, or bycatch, is the primary
anthropogenic source of sea turtle injury and mortality in U.S. waters.
Section 9 of the ESA prohibits the take (defined to include 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). Section 11 of the ESA provides for civil and
criminal penalties for anyone who violates the Act or a regulation
issued to implement the Act. 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 for incidental takes of
sea turtles 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 implement the take prohibitions 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 enforcement action.
When 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 required to carry observers, if
requested, for a period of five years without further action by NMFS.
This will enable NMFS to develop appropriate observer coverage and
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 implement
ESA take prohibitions and conserve turtles.
2019 Annual Determination
Pursuant to 50 CFR 222.402(a), NOAA's Assistant Administrator for
Fisheries, 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 2019 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. 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. The two
fisheries identified on the 2018 AD (see Table 1) will remain on the AD
for a 5-year period and are therefore required to carry observers upon
NMFS' request until December 31, 2022.
[[Page 63485]]
Table 1--State and Federal Commercial Fisheries Included on the 2015 and
2018 Annual Determinations
------------------------------------------------------------------------
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
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California halibut, white seabass and other species set 2015-2019
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
Mid-Atlantic gillnet.................................... 2018-2022
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Trap/pot Fisheries
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Atlantic blue crab trap/pot............................. 2015-2019
Atlantic mixed species trap/pot......................... 2015-2019
Northeast/Mid-Atlantic American lobster trap/pot........ 2015-2019
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Pound Net/Weir/Seine Fisheries
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Mid-Atlantic haul/beach seine........................... 2015-2019
Mid-Atlantic menhaden purse seine....................... 2015-2019
Rhode Island floating trap.............................. 2015-2019
Gulf of Mexico menhaden purse seine..................... 2018-2022
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Dated: December 3, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-26628 Filed 12-7-18; 8:45 am]
BILLING CODE 3510-22-P
