[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53684-53689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17201]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
[Docket No. 200731-0203]
RIN 0648-BI91
2020 Annual Determination To Implement the Sea Turtle Observer
Requirement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final determination.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes the
final Annual Determination (AD) for 2020, 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 fisheries
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 AD (see Table 1) will remain on the AD for a
five-year period from the effective date of the final determination and
will be required to carry observers upon NMFS' request.
DATES: This final determination is effective September 30, 2020.
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 1-
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
[[Page 53685]]
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 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 wherever
they occur in U.S. waters. While some sea turtle populations have shown
signs of recovery, many populations continue to decline.
Incidental take, or 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 (including 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 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 bycatch in these 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). This regulation
specifies 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 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
protocol to investigate whether, how, when, where, and under what
conditions sea turtle bycatch is occurring; to evaluate whether
existing measures are minimizing or preventing bycatch; and to
implement ESA take prohibitions and conserve and recover turtles.
Sea Turtle Distribution
NMFS uses information on sea turtle distribution and habitat use to
inform the development of the final AD. A summary of this information
was included in the proposed AD (85 FR 3880, January 23, 2020) and was
considered in developing the final 2020 AD.
Process for Developing the Annual Determination (AD)
In March, in recognition of the issuance of numerous travel or
social distancing restrictions and other recommended actions related to
travel and social distancing requirements in response to the COVID-19
pandemic, NMFS issued an emergency action to provide the authority to
waive observer coverage, some training, and other program requirements
while meeting conservation needs and providing an ongoing supply of
fish to markets (85 FR 17285; March 27, 2020). Under this emergency
action, NMFS regional administrators, office directors, or science
center directors have the ability to waive observer requirements in
three specific circumstances, after consulting with observer providers.
This annual determination process, as discussed below, and the AD
authority continue to apply in conjunction with the current observer
programs' requirements and emergency actions. We will continue to
monitor all local public health notifications, as well as notifications
of the Centers for Disease Control and Prevention for updates. We are
committed to the public health and safety of fishermen, observers, and
others, and also to fulfilling our mission to maintain our nation's
seafood supply and conserving marine life.
Pursuant to 50 CFR 222.402, NOAA's Assistant Administrator for
Fisheries (AA), in consultation with Regional Administrators and
Fisheries Science Center Directors, develops a proposed AD identifying
which fisheries are required to carry observers, if requested, to
monitor potential bycatch of sea turtles. NMFS provided an opportunity
for public comment on the proposed determination (85 FR 3880; January
23, 2020). The determination is informed by the best available
scientific, commercial, or other information regarding sea turtle
bycatch; sea turtle distribution; sea turtle strandings; fishing
techniques, gears used, target species, seasons and areas fished; and/
or qualitative data from logbooks or fisher reports. Specifically,
fisheries identified on the AD are 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.
For the 2020 AD, the AA used the most recent version of the
annually published Marine Mammal Protection Act (MMPA) List of
Fisheries (LOF) as the comprehensive list of commercial fisheries for
consideration. The LOF includes all known state and Federal commercial
fisheries that occur in U.S. waters and on the high seas. However, in
preparing the AD, we do not rely on the three-part MMPA LOF
classification scheme. In addition, unlike the LOF, the AD may include
recreational fisheries likely to interact with sea turtles based on the
best available information.
NMFS consulted with appropriate state and Federal fisheries
officials to identify which fisheries, both commercial and
recreational, to
[[Page 53686]]
consider. NMFS carefully considered all recommendations and information
available for developing the AD. The AD is not an exhaustive or
comprehensive list of all fisheries with documented or suspected
bycatch of sea turtles; rather it is intended as a mechanism to fill
critical data gaps, where observer data is not currently sufficient for
turtle data collection needs. NMFS will not include a fishery on the AD
if that fishery does not meet the criteria for inclusion on the AD (50
CFR 222.402(a)).
For many fisheries, NMFS may already be addressing bycatch through
another mechanism (e.g., rulemaking to implement modifications to
fishing gear and/or practices), may be observing the fishery under a
separate statutory authority, or will consider including them in future
ADs based on the four previously noted criteria (50 CFR 222.402(a)).
The fisheries not included on the 2020 AD may still be observed by NOAA
fisheries observers under authorities different than the ESA (e.g.,
MMPA, Magnuson-Stevens Fishery Conservation and Management Act (MSA)),
if applicable.
NMFS publishes the final determination in the Federal Register and
will notify in writing those individuals permitted for each fishery
identified on the AD. NMFS will also notify state agencies. Once
included in the final determination, a fishery will remain eligible for
observer coverage for a period of five years to enable the design of an
appropriate sampling program and to ensure collection of sufficient
scientific data for analysis. If NMFS determines a need for more than
five years to obtain sufficient scientific data, NMFS will include the
fishery in a subsequent proposed AD, prior to the end of the fifth
year.
On the 2015 AD, NMFS identified 14 fisheries, 11 of which were
previously listed and three of which were newly listed. The 14
fisheries were required to carry observers for a period of 5 years,
through December 31, 2019. The 2018 AD identified two additional
fisheries and required them to carry observers through December 31,
2022. The fisheries included on the current AD are available at https://www.fisheries.noaa.gov/national/bycatch/sea-turtle-observer-requirement-annual-determination.
Comments and Responses
NMFS received nine comment letters on the proposed AD (85 FR 3880,
January 23, 2020) from members of the public and one organization,
Turtle Island Restoration Network. Many commenters expressed general
support of the rule or fishery observer programs, and others provided
suggestions and requests for including particular fisheries. All
substantive comments are addressed below. Comments on issues outside
the scope of the AD were noted, but are not responded to in this final
determination.
General Comments
Comment 1: Seven commenters expressed general support for the
determination.
Response: NMFS agrees and has included four fisheries on the 2020
AD to allow for increased data collection on sea turtle bycatch to
accomplish the purposes of the determination.
Comment 2: Turtle Island Restoration Network supports NMFS'
proposal to include four fisheries on the 2020 AD. The commenter
additionally requests NMFS include the two fisheries from the 2018 AD,
mid-Atlantic gillnet fishery and Gulf of Mexico menhaden purse seine
fishery, in a future AD when the 2018 AD timeframe expires on December
31, 2022.
Response: NMFS agrees and has included four fisheries on the 2020
AD. As the commenter noted, the mid-Atlantic gillnet fishery and Gulf
of Mexico menhaden purse seine fishery were included on the 2018 AD and
are required to carry observers if requested through December 31, 2022.
The AD is published annually, and NMFS will continue to assess these
and other fisheries for inclusion on future ADs.
Comment 3: A commenter recommended NMFS take advantage of the
opportunity to observe fisheries identified on the AD and find creative
ways to prevent sea turtle bycatch. The commenter urges the publication
and application of sea turtle bycatch data collected through the AD
determination.
Response: The four fisheries included on the 2020 AD will remain on
the AD for a five-year period and will be required to carry observers
upon NMFS' request. This will enable NMFS to develop appropriate
observer coverage and sampling protocols to investigate whether, how,
when, where, and under what conditions bycatch is occurring; to
evaluate whether existing measures are minimizing or preventing
bycatch; and to implement ESA take prohibitions and conserve turtles.
Observer data collected under the ESA AD authority are generally used
to estimate and/or characterize bycatch in a particular fishery. These
data and resulting analyses are made available in NMFS publications, as
appropriate, given data confidentiality considerations.
Gillnet Fisheries
Comment 4: One commenter noted that the proposed rule does not
provide a specific plan with evaluation criteria for how NMFS will
monitor the Chesapeake Bay inshore gillnet fishery for sea turtle
bycatch.
Response: The purpose of the AD is to identify commercial and
recreational fisheries that are required to carry observers upon NMFS'
request under the authority of the ESA. As stated in the preamble,
sampling designs for all NMFS observer programs are developed to
provide statistically valid information and to produce results that
will contribute to the body of best available science. The sampling
design will vary depending on many factors, including the fishery to be
observed, the spatial and temporal variability in the fishery and
species observed, and the overall goals of the observer program. Once a
fishery is selected for observer coverage, a sampling design will be
developed to yield statistically valid results (72 FR 43176; August 3,
2007). Sampling designs for all regional observer programs are
published in many different forums, including peer reviewed journals
and NMFS stock assessment reports. For new observer programs, a pilot
study is often initiated to provide information on variability of
bycatch species within a fishery. The information collected during this
pilot study is then used to more accurately determine the target
observer coverage necessary to provide accurate bycatch estimates
(typically measured as a coefficient of variation around the bycatch
estimate).
Recommendations for Fisheries To Include on the 2020 AD
Comment 5: Turtle Island Restoration Network requests NMFS include
all fisheries from the 2015 AD in its 2020 AD. These fisheries are:
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.), Gulf of Mexico gillnet, North
Carolina inshore gillnet, Atlantic blue crab trap/pot, Atlantic mixed
species trap/pot, Northeast/mid-Atlantic American lobster trap/pot,
mid-Atlantic haul/beach seine, mid-Atlantic menhaden purse seine, and
Rhode Island floating trap. The commenter notes that these fisheries
meet the criteria to be included on the AD because they operate in the
same waters and at the same time as sea turtles are present, operate at
the same time or prior to elevated sea turtle strandings, or the
fishery uses a gear or technique that
[[Page 53687]]
is known or likely to result in incidental take of sea turtles based on
documented or reported takes in the same or similar fisheries.
Response: NMFS acknowledges that there are other fisheries, in
addition to those included on the 2020 AD, that are known to take sea
turtles. The 2020 AD is not meant to be a comprehensive list of
fisheries that have sea turtle bycatch or fisheries that require
monitoring, but rather a focused list, based on specific inclusion
criteria, one of which is based on available funding (see Purpose of
the Sea Turtle Observer Requirement section). NMFS is not including
these 10 fisheries recommended by Turtle Island Restoration Network on
the 2020 AD but will continue existing observer coverage for these
fisheries under other authorities. NMFS will continue to assess these
and other fisheries for inclusion on future ADs.
Observer Coverage
Comment 6: Turtle Island Restoration Network requests NMFS provide
100 percent observer coverage on all AD fisheries, to ensure accurate
bycatch reporting. The commenter notes that in 2015 the Pacific Fishery
Management Council recommended increasing observer coverage to 100
percent for all drift gillnet fisheries, and states that issuing ``hard
caps'' without 100 percent observer coverage will not meet the goal of
issuing such hard caps. Turtle Island Restoration Network states that
NMFS must strive for 100 percent observer coverage in every observed
fishery in order to accurately assess bycatch of protected species.
Response: The AD does not prescribe a specific level of observer
coverage for any fishery; rather it identifies fisheries for which NMFS
intends to collect additional information. As described above, the
sampling design of any observer program for fisheries identified
through the AD process is determined on a fishery-by-fishery basis.
Fisheries Included on the 2020 Annual Determination
NMFS includes four fisheries in the Atlantic Ocean/Gulf of Mexico
on the 2020 AD. The four fisheries, described below and listed in Table
1, are the Southeastern U.S. Atlantic and Gulf of Mexico shrimp trawl,
Gulf of Mexico mixed species fish trawl, Chesapeake Bay inshore
gillnet, and Long Island inshore gillnet. These four fisheries were
listed previously on the 2015 AD for a five-year period ending December
31, 2019. Two other fisheries (Mid-Atlantic gillnet and Gulf of Mexico
menhaden purse seine), which were listed in the 2018 AD for a five-year
period ending December 31, 2022, will remain on the AD.
NMFS used the 2018 MMPA LOF (83 FR 5349; February 7, 2018) as the
comprehensive list of commercial fisheries to evaluate for fisheries to
include on the AD. The fishery name, definition, and number of vessels/
persons for fisheries listed in the AD are taken from the most recent
MMPA LOF. Additionally, the fishery descriptions below include a
particular fishery's current classification on the MMPA LOF (i.e.,
Category I, II, or III); Category I and II fisheries are required to
carry observers under the MMPA if requested by NMFS. As noted
previously, NMFS also has authority to observe fisheries in Federal
waters under the MSA and collect sea turtle bycatch information. The AD
authority will work within the current observer programs and allow NMFS
the flexibility to further consider sea turtle data collection needs
when allocating observer resources.
Trawl Fisheries
Bycatch in trawl fisheries are of particular concern for sea
turtles because forced submergence in trawl nets or any type of
restrictive gear can lead to lack of oxygen and subsequent death by
drowning. Metabolic changes that can impair a sea turtle's ability to
function can occur within minutes of forced submergence (Lutcavage et
al., 1997).
Turtle excluder devices (TEDs) are metal grids that fit into the
cod end of the trawl net, with a top or bottom escape opening covered
by a flap. TEDs are intended to allow sea turtles to escape the net,
while retaining the target catch, reducing incidences of sea turtle
forced submergence. Currently, only otter trawl fisheries capable of
catching shrimp and operating south of Cape Charles, Virginia, and in
the Gulf of Mexico, as well as trawl fisheries targeting summer
flounder south of Cape Charles, Virginia, in the summer flounder
fishery-sea turtle protection area (50 CFR 222.102), are required to
use TEDs.
Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl Fishery
NMFS includes the Southeastern U.S. Atlantic, Gulf of Mexico shrimp
trawl fishery on the 2020 AD. This fishery has an estimated 4,950
vessels/persons and targets shrimp using various types of trawls.
Skimmer trawls are used primarily in inshore/inland shallow waters
(typically less than 20 ft. (6.1 m)) to target shrimp. The skimmer
trawl has a rigid ``L''-shaped or triangular metal frame with the
inboard portion of the frame attached to the vessel and the outboard
portion attached to a skid that runs along the seabed.
Skimmer trawl use increased in response to turtle excluder device
(TED) requirements for shrimp bottom otter trawls. On December 20,
2019, NMFS published a final rule (84 FR 70048) amending the
alternative tow time restriction to require all skimmer trawl vessels
40 feet and greater in length to use TEDs designed to exclude small sea
turtles in their nets. The rule is effective on April 1, 2021. Skimmer
trawls are used in North Carolina, Florida (Gulf Coast), Alabama,
Mississippi, and Louisiana. There is documented bycatch of sea turtles
in skimmer trawls in North Carolina and the Gulf of Mexico. All Gulf of
Mexico states, except Texas, include skimmer trawls as an allowable
gear. In recent years, the skimmer trawl has become a major gear in the
inshore shrimp fishery in the Northern Gulf and also has some use in
inshore North Carolina. Louisiana hosts the vast majority of skimmer
boats, with 3,651 licenses issued to skimmer trawlers in 2015. In 2015,
Mississippi had approximately 150 active licensed skimmer trawlers and
North Carolina had 75 licensed skimmer vessels in 2014 (NMFS 2016).
Skimmer trawl effort overlaps with sea turtle distribution, and, as
noted above, sea turtle bycatch in skimmer trawls has been documented.
The magnitude of sea turtle takes in this fishery are not well
understood. In response to high numbers of sea turtle strandings since
2010, fishery observer efforts shifted from otter trawls to the inshore
skimmer trawl fishery in the northern Gulf of Mexico during 2012
through 2015. A total of 2,699 hours were observed during that period.
Despite this extremely low level of observer effort, a total of 41 sea
turtles were observed captured; we excluded two sea turtles, however,
as their condition conclusively indicated they were previously dead
before being observed in the skimmer trawl. NMFS has had limited
observer coverage on skimmer trawl vessels in subsequent years.
Continued observer coverage to understand the scope and impact of
sea turtle bycatch in this fishery is needed to implement the
prohibitions of take, inform management decisions on what actions may
be necessary to minimize and prevent sea turtle bycatch, and further
sea turtle conservation and recovery.
The Southeastern U.S. Atlantic/Gulf of Mexico shrimp trawl fishery
is classified as Category II on the MMPA LOF, and mandatory observer
coverage in Federal waters began in 2007 under
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the MSA. The fishery is currently observed at approximately 1-2 percent
of total fishing effort. The fishery was previously included in the
2010 AD and the 2015 AD, which allowed for observer coverage to be
shifted to skimmer trawls to specifically investigate bycatch of sea
turtles. NMFS includes this fishery on the AD pursuant to the criteria
identified at 50 CFR 222.402(a)(1), because sea turtles are known to
occur in the same areas where the fishery operates, takes have been
previously documented and NMFS intends to monitor in this fishery.
Gulf of Mexico Mixed Species Fish Trawl Fishery
NMFS includes the Gulf of Mexico mixed species trawl fishery on the
2020 AD. This fishery has an estimated 20 vessels/persons and targets
fish using various types of trawl gear, including bottom otter trawl
gear targeting sheepshead. The Gulf of Mexico mixed species trawl
fishery operates in state waters and is classified as Category III on
the MMPA LOF. This fishery was included in the 2015 AD but was not
observed due to lack of resources. NMFS includes this fishery in the
2020 AD pursuant to the criteria identified at 50 CFR 222.402(a)(1) for
including a fishery in the AD. This is because sea turtles are known to
occur in the same areas where the fishery operates, bycatch has been
documented in similar gear types, mainly the shrimp trawl fishery, and
NMFS intends to monitor this fishery.
Gillnet Fisheries
Sea turtles are vulnerable to entanglement and drowning in
gillnets, especially when gear is unattended. The main risk to sea
turtles from capture in gillnet gear is forced submergence. Sea turtle
entanglement in gillnets can also result in severe constriction wounds
and/or abrasions. Large mesh gillnets (e.g., 7 inch (in) stretched mesh
or greater) have been documented as particularly effective at capturing
sea turtles. However, sea turtles are prone to and have been commonly
documented entangled in smaller mesh gillnets as well.
Chesapeake Bay Inshore Gillnet Fishery
NMFS includes the Chesapeake Bay inshore gillnet fishery on the
2020 AD. This fishery has an estimated 248 vessels/persons and targets
menhaden and croaker using gillnet gear with mesh sizes ranging from
2.75-5 in (6.9-12.7 cm), depending on the target species. The fishery
operates inshore of the Chesapeake Bay Bridge-Tunnel and is managed by
the Atlantic States Marine Fisheries Commission under the Interstate
Fishery Management Plans for Atlantic menhaden and Atlantic croaker.
Gillnets in Chesapeake Bay also target striped bass and spot.
This fishery is classified as Category II on the MMPA LOF and was
included in the 2010 AD and the 2015 AD. To date, observer coverage in
gillnet fisheries has primarily focused on federally-managed fisheries.
There has been limited observer coverage in this fishery since 2010,
with between 6 and 124 trips observed annually. Most recently, there
were 14 trips observed in 2014, 39 in 2015, 49 in 2016, 124 in 2017,
and 71 in 2018. This sample size is small, in terms of timing and areas
that overlap with sea turtles, and additional information is needed to
better understand sea turtle bycatch in this fishery. In addition,
Virginia continues to have the highest level of strandings for hard-
shelled sea turtles in the Greater Atlantic Region. There is a need to
better understand the gear fished in state waters and the extent to
which this gear interacts with sea turtles. Given the risk of bycatch
and the limited data currently available on interactions, NMFS includes
this fishery pursuant to the criteria identified at 50 CFR
222.402(a)(1) for listing a fishery on the AD. This is because sea
turtles are known to occur in the same areas where the fishery
operates, takes have been previously documented in similar gear, the
fishery operates during a period of high sea turtle strandings, and
NMFS intends to monitor this fishery.
Long Island Inshore Gillnet Fishery
NMFS includes the Long Island Sound inshore gillnet fishery on the
2020 AD. This fishery includes all gillnet fisheries operating west of
a line from the north fork of the eastern end of Long Island, New York
(Orient Point to Plum Island to Fishers Island) to Watch Hill, Rhode
Island (59 FR 43703, August 25, 1994). The estimated vessels/persons
operating in the fishery is unknown. Target species include bluefish,
striped bass, weakfish, and summer flounder.
This fishery is classified as Category III on the MMPA LOF and was
included in the 2010 AD and the 2015 AD. There has been limited
observer coverage in this fishery since 2010. To date, observer
coverage in gillnet fisheries has primarily focused on federally-
managed fisheries. However, the NMFS Northeast Fisheries Observer
Program has observed a very limited number of trips in this fishery.
There were four trips observed in 2014, three in 2015, 11 in 2016, six
in 2017, and seven in 2018. This sample size is small, in terms of
timing and areas that overlap with sea turtles, and additional
information is needed to better understand sea turtle bycatch in this
fishery and the nature of the gear fished in state waters. Given the
risk of bycatch and the limited data currently available on such
interactions, NMFS includes this fishery pursuant to the criteria
identified at 50 CFR 222.402(a)(1) for listing a fishery on the AD.
This is because sea turtles are known to occur in the same areas where
the fishery operates, bycatch has been previously documented in similar
gear, the fishery operates during a period of high sea turtle
strandings, and NMFS intends to monitor this fishery.
Implementation of Observer Coverage in a Fishery Listed on the 2020 AD
As part of the 2020 AD, NMFS has included, to the extent
practicable, information on the fisheries and gear types to observe,
geographic and seasonal scope of coverage, and any other relevant
information. NMFS intends to monitor the fisheries and anticipates that
it will have the funds to support observer activities. After
publication of the final determination, there will be a 30-day delay in
the date of effectiveness for implementing observer coverage, except
for those fisheries where the AA has determined that there is good
cause pursuant to the Administrative Procedure Act to make the
determination effective upon publication of the final determination.
For the 2020 AD, the AA has not made this determination; therefore,
this determination is effective 30 days after publication of this
notification, see DATES.
The design of any observer program for fisheries identified through
the AD process, including how observers will be allocated to individual
vessels, will vary among fisheries, fishing sectors, gear types, and
geographic regions, and will ultimately be determined by the individual
NMFS Regional Office, Science Center, and/or observer program. Pursuant
to 50 CFR 222.404, during the program design, NMFS will follow the
standards below for distributing and placing observers among fisheries
identified in the AD and among vessels in those fisheries:
(1) The requirement to obtain the best available scientific
information;
(2) The requirement that observers be assigned fairly and equitably
among fisheries and among vessels in a fishery;
(3) The requirement that no individual person or vessel, or group
of persons or vessels, be subject to inappropriate, excessive observer
coverage; and
[[Page 53689]]
(4) The need to minimize costs and avoid duplication, where
practicable.
Vessels subject to observer coverage under the AD must comply with
observer safety requirements specified in 50 CFR 600.725 and 600.746.
Specifically, 50 CFR 600.746(c) requires vessels subject to observer
coverage to provide adequate and safe conditions for carrying an
observer and conditions that allow for operation of normal observer
functions. To provide such conditions, a vessel must comply with the
applicable regulations regarding observer accommodations (see 50 CFR
parts 229, 300, 600, 622, 635, 648, 660, and 679) and possess a current
United States Coast Guard (USCG) Commercial Fishing Vessel Safety
Examination decal or a USCG certificate of examination. A vessel that
fails to meet these requirements at the time an observer is to be
deployed is prohibited from fishing (50 CFR 600.746(f)), unless NMFS
determines that an alternative platform (e.g., a second vessel) may be
used or that the vessel is not required to take an observer under 50
CFR 222.404(b). All fishermen on a vessel must cooperate in the
operation of observer functions. Observer programs designed or carried
out in accordance with 50 CFR 222.404 are consistent with existing NOAA
observer policies and applicable Federal regulations, such as those
under the Fair Labor and Standards Act (29 U.S.C. 201 et seq.), the
Service Contract Act (41 U.S.C. 351 et seq.), and the Observer Health
and Safety regulations (50 CFR part 600).
Additional information on observer programs in commercial fisheries
is located on the NMFS National Observer Program's website: https://www.fisheries.noaa.gov/topic/fishery-observers.
Table 1--State and Federal Commercial Fisheries Included on the 2020
Annual Determination
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this action
would not have a significant economic impact on a substantial number of
small entities. No comments were received on that certification, and no
new information has been discovered to change that conclusion.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
This determination contains existing collection-of-information
(COI) requirements subject to the Paperwork Reduction Act and would not
impose additional or new COI requirements. The information collection
for the AD is approved under Office of Management and Budget (OMB)
under OMB control number 0648-0593.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid OMB Control Number.
This determination has been determined to be not significant for
the purposes of Executive Order 12866. This determination is not an
Executive Order 13771 regulatory action because this determination is
not significant under Executive Order 12866.
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that publishing the AD qualifies to
be categorically excluded from further National Environmental Policy
Act (NEPA) review, consistent with categories of activities identified
in Categorical Exclusion G7 (``Preparation of policy directives, rules,
regulations, and guidelines of an administrative, financial, legal,
technical, or procedural nature, or for which the environmental effects
are too broad, speculative or conjectural to lend themselves to
meaningful analysis and will be subject later to the NEPA process,
either collectively or on a case-by-case basis'') of the Companion
Manual, and we have not identified any extraordinary circumstances
listed in Chapter 4 of the Companion Manual for NAO 216-6A that would
preclude application of this categorical exclusion. If NMFS takes a
management action for a specific fishery, for example, requiring
fishing gear modifications, NMFS would first prepare any environmental
document specific to that action that is required under NEPA.
This determination would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this determination would not affect the conclusions of
those opinions. The inclusion of fisheries on the AD is not considered
a management action that would adversely affect threatened or
endangered species. If NMFS takes a management action, for example,
requiring modifications to fishing gear and/or practices, NMFS would
review the action for potential adverse effects to listed species under
the ESA.
This determination would have no adverse impacts on sea turtles,
and information collected from observer programs may have a positive
impact on sea turtles by improving knowledge of sea turtles and the
fisheries interacting with sea turtles.
This determination would not affect the land or water uses or
natural resources of the coastal zone, as specified under section 307
of the Coastal Zone Management Act.
References
Lutcavage, M.E. and P.L. Lutz. 1997. Diving Physiology. In: P.L.
Lutz and J. Musick (eds.) The Biology of Sea Turtles. ERC Press,
Boca Raton, F.L. 432 pp.
Dated: August 3, 2020.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2020-17201 Filed 8-28-20; 8:45 am]
BILLING CODE 3510-22-P