2025 Annual Determination To Implement the Sea Turtle Observer Requirement, 87566-87567 [2024-25541]

Download as PDF 87566 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices action also considers modifying the seasonal bycatch closure of Area II to improve yield and reduce impacts to northern windowpane flounder and modifying the possession prohibition for NGOM-permitted scallop vessels on a declared NGOM trip to possess scallops outside of the NGOM management area. Other business will be discussed, if necessary. Although non-emergency issues not contained on the agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Cate O’Keefe, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: October 30, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–25587 Filed 11–1–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE443] 2025 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. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: NMFS is providing notification that the agency will not identify additional fisheries to observe on the 2025 Annual Determination (AD), pursuant to its authority under the Endangered Species Act (ESA). Through SUMMARY: VerDate Sep<11>2014 17:28 Nov 01, 2024 Jkt 265001 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, and December 31, 2027, respectively. DATES: Published on November 4, 2024. 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, PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Notices observers, if requested, for a period of 5 years without further action by NMFS. This will enable NMFS to develop appropriate observer coverage and 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. 2025 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 2025 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 lotter on DSK11XQN23PROD with NOTICES1 Fishery Trawl Fisheries: Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ............... Gulf of Mexico mixed species fish trawl ....... Gillnet Fisheries: VerDate Sep<11>2014 17:28 Nov 01, 2024 Years eligible to carry observers 2020–2025 2020–2025 Jkt 265001 87567 Average Hours Per Response: 0.5 TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON hours per person. Total Annual Burden Hours: THE 2020 AND 2023 ANNUAL DEAnnualized 3,000 hours overall. TERMINATIONS—Continued Needs and Uses: This is a request for a new collection of information. The National Oceanic and Fishery Atmospheric Administration (NOAA) products and services ‘‘support economic vitality and affect more than Chesapeake Bay one-third of America’s gross domestic inshore gillnet ............. 2020–2025 product.’’ The National Weather Service Long Island inshore gillnet .......................... 2020–2025 (NWS) is a critical component of this Mid-Atlantic gillnet ......... 2023–2027 service and operates under the mission to ‘‘provide weather, water and climate Pound Net/Weir/Seine Fisheries: data, forecasts, warnings, and impactGulf of Mexico menhabased decision support services for the den purse seine ......... 2023–2027 protection of life and property and enhancement of the national economy.’’ Leveraging and integrating Social, Dated: October 29, 2024. Behavioral, and Economic Sciences Kimberly Damon-Randall, (SBES) methodologies and knowledge is Director, Office of Protected Resources, crucial to meeting our mission. National Marine Fisheries Service. If we are to effectively support public [FR Doc. 2024–25541 Filed 11–1–24; 8:45 am] and partner decision making, build BILLING CODE 3510–22–P actionable tools and information, and evaluate our performance, then it’s imperative that the NOAA/NWS collect DEPARTMENT OF COMMERCE key SBES data and fully engage with our National Oceanic and Atmospheric audiences. Additionally, the NOAA/ Administration NWS has articulated a priority to enhance services for historically Agency Information Collection underinvested and underserved Activities; Submission to the Office of communities and improve service Management and Budget (OMB) for equity across the board. These NOAA Social, Behavioral, and communities typically experience Economic Science Studies for higher rates of poverty, homelessness, Weather, Water, and Climate disabilities, and language barriers, which increase their vulnerability to The Department of Commerce will hazard impacts. submit the following information The generic clearance is an important collection request to the Office of planning and engagement tool for Management and Budget (OMB) for NOAA/NWS. The procedures expected review and clearance in accordance to be used include but are not limited with the Paperwork Reduction Act of to social network analysis, open, semi1995, on or after the date of publication structured and structured interviews, of this notice. We invite the general focus groups, surveys, and participant public and other Federal agencies to observation. comment on proposed, and continuing Affected Public: Members of the information collections, which helps us public, emergency managers, broadcast assess the impact of our information meteorologists, state/local/tribal collection requirements and minimize decision makers, and non-profit the public’s reporting burden. Public organizations. comments were previously requested Frequency: On Occasion. via the Federal Register on August 30, Respondent’s Obligation: Voluntary. 2024 during a 60-day comment period. This information collection request This notice allows for an additional 30 may be viewed at www.reginfo.gov. days for public comments. Follow the instructions to view the Agency: National Oceanic and Department of Commerce collections Atmospheric Administration, currently under review by OMB. Commerce. Written comments and Title: NOAA Social, Behavioral, and recommendations for the proposed Economic Science Studies for Weather, information collection should be Water, and Climate. submitted within 30 days of the OMB Control Number: 0648–XXXX. publication of this notice on the Form Number(s): None. following website www.reginfo.gov/ Type of Request: New information public/do/PRAMain. Find this collection. Number of Respondents: particular information collection by Approximately 6,000 per year. selecting ‘‘Currently under 30-day PO 00000 Years eligible to carry observers Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87566-87567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25541]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE443]


2025 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: NMFS is providing notification that the agency will not 
identify additional fisheries to observe on the 2025 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, and December 31, 2027, 
respectively.

DATES: Published on November 4, 2024.

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

[[Page 87567]]

observers, if requested, for a period of 5 years without further action 
by NMFS. This will enable NMFS to develop appropriate observer coverage 
and 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.

2025 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 2025 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: October 29, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-25541 Filed 11-1-24; 8:45 am]
BILLING CODE 3510-22-P
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