Notice2021-20522
2022 Annual Determination To Implement the Sea Turtle Observer Requirement
Primary source
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Published
September 22, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
National Marine Fisheries Service (NMFS) is providing notification that the agency will not identify additional fisheries to observe on the 2022 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 2018 and 2020 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, 2022, and September 29, 2025, respectively.
Full Text
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<title>Federal Register, Volume 86 Issue 181 (Wednesday, September 22, 2021)</title>
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[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Notices]
[Pages 52650-52652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20522]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB344]
2022 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.
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SUMMARY: National Marine Fisheries Service (NMFS) is providing
notification that the agency will not identify additional fisheries to
observe on the 2022 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'
[[Page 52651]]
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 2018 and 2020 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, 2022, and
September 29, 2025, respectively.
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: Jaclyn Taylor, 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), 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 (Northwest Atlantic Ocean distinct
population segment), green (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
when encountered in the marine environment. 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 five 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.
2022 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 2022 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 two fisheries identified on the 2018 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, 2022. 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.
Table 1--State and Federal Commercial Fisheries Included on the 2018 and
2020 Annual Determinations
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Years
eligible
Fishery to carry
observers
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Trawl Fisheries
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Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl.... 2020-2025
Gulf of Mexico mixed species fish trawl.................... 2020-2025
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Gillnet Fisheries
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Mid-Atlantic gillnet....................................... 2018-2022
Chesapeake Bay inshore gillnet............................. 2020-2025
Long Island inshore gillnet................................ 2020-2025
------------------------------------------------------------------------
[[Page 52652]]
Pound Net/Weir/Seine Fisheries
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Gulf of Mexico menhaden purse seine........................ 2018-2022
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Dated: September 17, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-20522 Filed 9-21-21; 8:45 am]
BILLING CODE 3510-22-P
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