Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 82339 

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 

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 


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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. 

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

Fishery 

Years eligible 

to carry 

observers 

Trawl Fisheries: 

Southeastern U.S. Atlantic, Gulf 

of Mexico shrimp trawl ............. 2020–2025 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD551] 

Marine Mammals; File No. 26593 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

permit amendment. 

SUMMARY: 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. 

ADDRESSES: 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 

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 


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