2019 Annual Determination To Implement the Sea Turtle Observer Requirement, 63483-63485 [2018-26628]

Download as PDF 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 The applicant has withdrawn the application from further consideration.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 VerDate Sep<11>2014 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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
                           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
Gulf of Mexico menhaden purse seine.....................       2018-2022
------------------------------------------------------------------------


    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