2024 Annual Determination To Implement the Sea Turtle Observer Requirement, 82339-82340 [2023-25986]

Download as PDF Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices will be posted to the calendar at www.mafmc.org prior to the meeting. Council address: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The Councils’ NTAP will meet to discuss the new Operational Manual and Orientation Document. The intent of this meeting is to discuss NTAP in detail, including background, organization, purpose, and member expectation. This meeting will be an opportunity for new and existing NTAP members to discuss and learn about the goals and purposes of NTAP. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shelley Spedden, (302) 526–5251 at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: November 20, 2023. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–25967 Filed 11–22–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD225] 2024 Annual Determination To Implement the Sea Turtle Observer Requirement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of Annual Determination of fisheries. AGENCY: National Marine Fisheries Service (NMFS) is providing notification that the agency will not identify additional fisheries to observe on the 2024 Annual Determination (AD), 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’ ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 21:46 Nov 22, 2023 Jkt 262001 request. The purpose of observing identified fisheries is to learn more about sea turtle bycatch in a given fishery, evaluate measures to prevent or reduce sea turtle bycatch, and implement the prohibition against sea turtle takes. Fisheries identified on the 2020 and 2023 ADs (see table 1) remain on the AD for a 5-year period and are required to carry observers upon NMFS’ request until September 29, 2025, for the 2020 AD and December 31, 2027, for the 2023 AD. ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Wendy Piniak, 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 800–877– 8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: 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 (DPS)), leatherback (Dermochelys coriacea), green (Chelonia mydas; Central West Pacific and Central South Pacific DPSs), and hawksbill (Eretmochelys imbricata) sea turtles are listed as endangered. Loggerhead (Northwest Atlantic Ocean DPS), green (North Atlantic, South Atlantic, Central North Pacific, and East Pacific DPSs), 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. Pacific waters. While some sea turtle populations have shown signs of PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 82339 recovery, many populations continue to decline. 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 (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 ESA or a regulation issued to implement the ESA. 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. For most fisheries, the most effective way for NMFS to learn more about bycatch 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, 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 regulation may result in civil or criminal penalties under the ESA. NMFS will pay the direct costs for vessels to carry the required 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 5 years without further action by NMFS. This will enable NMFS to develop appropriate observer coverage and E:\FR\FM\24NON1.SGM 24NON1 82340 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices sampling protocols to investigate whether, how, when, where, and under what conditions sea turtle bycatch is occurring and to evaluate whether existing measures are minimizing or preventing bycatch. Dated: November 20, 2023. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–25986 Filed 11–22–23; 8:45 am] BILLING CODE 3510–22–P 2024 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 2024 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 four fisheries identified on the 2020 AD (see table 1) will remain on the AD for a 5-year period and are required to carry observers upon NMFS’ request until September 29, 2025. The two fisheries identified on the 2023 AD (see table 1) will remain on the AD for a 5-year period and are required to carry observers upon NMFS’ request until December 31, 2027. TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE 2020 AND 2023 ANNUAL DETERMINATIONS ddrumheller on DSK120RN23PROD with NOTICES1 Fishery Trawl Fisheries: Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ............. Gulf of Mexico mixed species fish trawl .......................................... Gillnet Fisheries: Chesapeake Bay inshore gillnet .. Long Island inshore gillnet ........... Mid-Atlantic gillnet ....................... Pound Net/Weir/Seine Fisheries: Gulf of Mexico menhaden purse seine ......................................... VerDate Sep<11>2014 21:46 Nov 22, 2023 Years eligible to carry observers 2020–2025 2020–2025 2020–2025 2020–2025 2023–2027 2023–2027 Jkt 262001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD551] Marine Mammals; File No. 26593 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Adam Pack, Ph.D., University of Hawaii at Hilo, 200 West Kawili Street, Hilo, HI 96720, has applied for an amendment to Scientific Research Permit No. 26593. DATES: Written comments must be received on or before December 26, 2023. SUMMARY: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 26593 from the list of available applications. These documents are also available upon written request via email to NMFS.Pr1Comments@ noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 26593 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Courtney Smith, Ph.D., (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 26593 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of ADDRESSES: PO 00000 Frm 00028 Fmt 4703 Sfmt 9990 endangered and threatened species (50 CFR parts 222–226). Permit No. 26593, issued on March 13, 2023 (88 FR 23400, April 17, 2023), authorizes the permit holder to study 29 cetacean species in Hawaiian and Alaskan waters, with a focus on humpback whales (Megaptera novaeangliae). The purpose of the research is to examine the behavioral ecology, biology and communication systems of humpback whales as well as the abundance, distribution, behavior, and physiological stress levels of all cetacean species in the study area. Research may be conducted from boats, airplanes, unmanned aircraft systems (UAS), and underwater. Animals may be studied using photo-ID, videogrammetry, passive acoustic recordings, behavioral observations, collection of fecal and skin samples, biopsy sampling, and suction-cup tagging. The permit holder is requesting the permit be amended to add active acoustic playbacks to humpback whales and to authorize suction-cup tagging of an additional 98 humpback whales annually as part of the acoustic research. In addition, Dr. Pack is requesting to add UAS deployment of suction-cup tags as a procedure for humpback whales. The objective of the acoustic playbacks are to examine humpback whale responses to vessel engine noise, conspecific sounds, natural ambient noise, and tonal sounds in Hawaiian waters. The permit expires on April 30, 2028. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: November 20, 2023. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–25920 Filed 11–22–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82339-82340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25986]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD225]


2024 Annual Determination To Implement the Sea Turtle Observer 
Requirement

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of Annual Determination of fisheries.

-----------------------------------------------------------------------

SUMMARY: National Marine Fisheries Service (NMFS) is providing 
notification that the agency will not identify additional fisheries to 
observe on the 2024 Annual Determination (AD), 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' request. The purpose of observing identified fisheries is to 
learn more about sea turtle bycatch in a given fishery, evaluate 
measures to prevent or reduce sea turtle bycatch, and implement the 
prohibition against sea turtle takes. Fisheries identified on the 2020 
and 2023 ADs (see table 1) remain on the AD for a 5-year period and are 
required to carry observers upon NMFS' request until September 29, 
2025, for the 2020 AD and December 31, 2027, for the 2023 AD.

ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Wendy Piniak, 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 800-
877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, 
excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

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 (DPS)), leatherback (Dermochelys coriacea), green (Chelonia 
mydas; Central West Pacific and Central South Pacific DPSs), and 
hawksbill (Eretmochelys imbricata) sea turtles are listed as 
endangered. Loggerhead (Northwest Atlantic Ocean DPS), green (North 
Atlantic, South Atlantic, Central North Pacific, and East Pacific 
DPSs), 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. Pacific waters. While some sea 
turtle populations have shown signs of recovery, many populations 
continue to decline.
    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 (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 ESA or a regulation issued to 
implement the ESA. 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.
    For most fisheries, the most effective way for NMFS to learn more 
about bycatch 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, 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 regulation may result in civil or 
criminal penalties under the ESA.
    NMFS will pay the direct costs for vessels to carry the required 
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 5 years without further action by NMFS. This will 
enable NMFS to develop appropriate observer coverage and

[[Page 82340]]

sampling protocols to investigate whether, how, when, where, and under 
what conditions sea turtle bycatch is occurring and to evaluate whether 
existing measures are minimizing or preventing bycatch.

2024 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 2024 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 four fisheries identified on the 2020 AD (see table 1) 
will remain on the AD for a 5-year period and are required to carry 
observers upon NMFS' request until September 29, 2025. The two 
fisheries identified on the 2023 AD (see table 1) will remain on the AD 
for a 5-year period and are required to carry observers upon NMFS' 
request until December 31, 2027.

Table 1--State and Federal Commercial Fisheries Included on the 2020 and
                       2023 Annual Determinations
------------------------------------------------------------------------
                                                          Years eligible
                         Fishery                             to carry
                                                             observers
------------------------------------------------------------------------
Trawl Fisheries:
  Southeastern U.S. Atlantic, Gulf of Mexico shrimp            2020-2025
   trawl................................................
  Gulf of Mexico mixed species fish trawl...............       2020-2025
Gillnet Fisheries:
  Chesapeake Bay inshore gillnet........................       2020-2025
  Long Island inshore gillnet...........................       2020-2025
  Mid-Atlantic gillnet..................................       2023-2027
Pound Net/Weir/Seine Fisheries:
  Gulf of Mexico menhaden purse seine...................       2023-2027
------------------------------------------------------------------------


    Dated: November 20, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-25986 Filed 11-22-23; 8:45 am]
BILLING CODE 3510-22-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.