Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14319 

as specified below, both versions must 

be filed in accordance with the 

requirements of § 502.2. 

(i) Confidential version. The 

confidential filing must include a cover 

page marked ‘‘Confidential-Restricted.’’ 

The specific confidential information 

must be conspicuously and clearly 

marked on each page, for example by 

highlighting or bracing. If 

confidentiality will end on a date 

certain or upon the occurrence of an 

event, this must be stated on the cover, 

e.g., ‘‘CONFIDENTIAL UNTIL [DATE],’’ 

or ‘‘CONFIDENTIAL DURING JUDICIAL 

REVIEW.’’ The confidential version of a 

document may be provided to the 

presiding officer by email but should 

not be filed with the Office of the 

Secretary by email. 

(ii) Public version. Within three 

business days of filing a confidential 

version of a filing, a public version must 

be filed. The public version must 

indicate on the cover page and on each 

affected page ‘‘Public Version— 

confidential materials excluded.’’ The 

public version must clearly indicate any 

information withheld, for example with 

blackout or braces, and its pagination 

and depiction of text on each page must 

be identical to that of the confidential 

version. For example, the confidential 

filing may read: ‘‘On January 1, 2005, 

complainant entered into a {25} year 

lease with respondent for a monthly 

rent of {$1,000}.’’ The public version 

would read: ‘‘On January 1, 2005, 

complainant entered into a { } year lease 

with respondent for a monthly rent of 

{ }.’’ Public versions of confidential 

filings may be filed with the Secretary 

and presiding officer by email. 

(iii) Exhibits. Confidential information 

in exhibits should be marked as 

specified above. If marking within the 

text is not feasible, individual pages 

may be replaced in the public version 

with a page indicating that confidential 

material is excluded. Entire exhibits 

should not be excluded, only those 

pages containing confidential material. 

(b) Motion for confidential treatment. 

If confidentiality is sought for a filing 

containing information not previously 

designated as confidential by the 

Commission or presiding officer, the 

confidential filing must be accompanied 

by a motion justifying confidential 

treatment. This motion must identify 

the specific information in a document 

for which protection is sought and show 

good cause by demonstrating that the 

information is a trade secret or other 

confidential research, development, or 

commercial information pursuant to 

§ 502.201(j)(1)(vii). The burden is on the 

party that wants to protect the 

information to show good cause for its 

protection. A motion is not required for 

information, including personal privacy 

and financial account numbers, 

redacted pursuant to § 502.13, Privacy 

protection for filings made with the 

Commission. 

(c) Use of confidential information. 

Confidential treatment afforded by this 

section is subject to the proviso that any 

information designated as confidential 

may be used by the administrative law 

judge or the Commission if deemed 

necessary to a decision in the 

proceeding. [Rule 5.] 

Subpart E—Proceeding; Pleadings; 

Motions; Replies 

§ 502.62 [Amended] 

■ 3. Amend § 502.62(b)(1) by adding ‘‘or 

the Complainant’’ after the phrase 

‘‘service of the complaint by the 

Commission’’. 

■ 4. Revise the heading for subpart H to 

read as follows: 

Subpart H—Service of Documents 

■ 5. Revise § 502.113 to read as follows: 

§ 502.113 Service of private party 

complaints. 

(a) Complaints filed pursuant to 

§ 502.62, amendments to complaints 

(unless otherwise authorized by the 

presiding officer pursuant to 

§ 502.66(b)), small claims complaints 

filed pursuant to § 502.304, and 

Complainant’s memoranda filed in 

shortened procedure cases pursuant to 

§ 502.182, will be served by the 

Secretary of the Commission. 

(b) The Secretary will serve the 

complaint using first class mail or 

express mail service at the Respondent’s 

address provided by the Complainant. If 

the complaint cannot be delivered, for 

example if the complaint is returned as 

undeliverable or not accepted for 

delivery, the Secretary will notify the 

Complainant. 

(c) Alternative service by 

Complainant. The Complainant may 

serve the Complaint at any time after it 

has been filed with the Commission. If 

Complainant serves the complaint, an 

affidavit setting forth the method, time 

and place of service must be filed with 

the Secretary within five days following 

service. 

(d) The presiding officer may dismiss 

a complaint that has not been served 

within thirty (30) days after the 

complaint was filed. [Rule 113.] 

Subpart S—Informal Procedure for 

Adjudication of Small Claims 

■ 6. Revise § 502.304(d) to read as 

follows: 

§ 502.304 Procedure and filing fee. 

* * * * * 

(d) A copy of each claim filed under 

this subpart, with attachments, shall be 

served by the Secretary on the 

respondent named in the claim. 

* * * * * 

■ 7. Revise § 502.305(b) to read as 

follows: 

§ 502.305 Applicability of other rules of 

this part. 

* * * * * 

(b) The following sections in subparts 

A through Q of this part apply to 

situations covered by this subpart: 

§§ 502.2(a) (Requirement for filing); 

502.2(f)(1) (Email transmission of 

filings); 502.2(i) (Continuing obligation 

to provide contact information); 502.7 

(Documents in foreign languages); 

502.21 through 502.23 (Appearance, 

Authority for representation, Notice of 

appearance; substitution and 

withdrawal of representative); 502.43 

(Substitution of parties); 502.101 

(Computation); 502.113 (Service of 

private party complaints); 502.117 

(Certificate of service); 502.253 (Interest 

in reparation proceedings); and 502.254 

(Attorney’s fees in reparation 

proceedings). [Rule 305.] 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2015–06239 Filed 3–18–15; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 222 

[Docket No. 140829733–5046–02] 

RIN 0648–BE35 

2015 Annual Determination To 

Implement the Sea Turtle Observer 

Requirement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

final Annual Determination (AD) for 

2015, 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 


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14320 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

identified fisheries is to learn more 

about sea turtle interactions in a given 

fishery, evaluate measures to prevent or 

reduce sea turtle takes, and implement 

the prohibition against sea turtle takes. 

Fisheries identified on the 2015 AD (see 

Table 1) will be eligible to carry 

observers as of January 1, 2015 and will 

remain on the AD for a five-year period. 

The fisheries listed on the final 

determination will be required to carry 

observers upon NMFS’ request until 

December 31, 2019. 

DATES: Effective April 18, 2015. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for a listing of all Regional 

Offices. 

FOR FURTHER INFORMATION CONTACT: Sara 

McNulty, 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, 

562–980–3209; 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: 

Availability of Published Materials 

Information regarding the Marine 

Mammal Protection Act (MMPA) List of 

Fisheries (LOF) may be obtained at 

http://www.nmfs.noaa.gov/pr/ 

interactions/lof/ and information 

regarding Marine Mammal Stock 

Assessment Reports may be obtained at 

http://www.nmfs.noaa.gov/pr/sars/ or 

from any NMFS Regional Office at the 

addresses listed below: 

• NMFS, Greater Atlantic Region, 55 

Great Republic Drive, Gloucester, MA 

01930; 

• NMFS, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

• NMFS, West Coast Region, 501 W. 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802; 

• NMFS, Pacific Islands Region, 

Protected Resources, 1845 Wasp Blvd., 

Building 176, Honolulu, HI 96818. 

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 

species 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), and 

hawksbill (Eretmochelys imbricata) sea 

turtles are listed as endangered. 

Loggerhead (Caretta caretta; Northwest 

Atlantic distinct population segment), 

green (Chelonia mydas), and olive 

ridley (Lepidochelys olivacea) sea 

turtles are listed as threatened, except 

for breeding colony populations of green 

turtles in Florida and on the Pacific 

coast of Mexico, and 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 

green and 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, 

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). The purpose of the sea 

turtle observer requirement and the AD 

is ultimately to implement ESA sections 

9 and 4(d), which prohibit the 

incidental take of endangered and 

threatened sea turtles, respectively, and 

to conserve sea turtles. Section 11 of the 

ESA provides for civil and criminal 

penalties for anyone who violates a 

regulation issued pursuant to the ESA, 

including regulations that implement 

the take prohibition, as well as for the 

issuance of regulations to enforce the 

take prohibitions. NMFS may grant 

exceptions to the take prohibitions for 

activities that are covered by 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 

fishery-sea turtle interactions. 

The most effective way for NMFS to 

learn about sea turtle-fishery 

interactions, in order to implement 

management measures 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 (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 rule 

may result in civil or criminal penalties 

under the ESA. 

NMFS will pay the direct costs for 

vessels to carry 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 eligible to be 

observed for a period of five years 

without further action by NMFS. This 

will enable NMFS to develop an 

appropriate sampling protocol to 

investigate whether, how, when, where, 

and under what conditions incidental 

takes are occurring; evaluate whether 

existing measures are minimizing or 

preventing takes; and develop ESA 

management measures that implement 

the prohibitions against take and that 

conserve sea turtles. 

Process for Developing an Annual 

Determination 

Pursuant to 50 CFR 222.402, NOAA’s 

Assistant Administrator for Fisheries 

(AA), in consultation with Regional 

Administrators and Fisheries Science 

Center Directors, developed a proposed 

AD identifying which fisheries are 

required to carry observers, if requested, 

to monitor potential interactions with 

sea turtles. NMFS provided an 

opportunity for public comment on any 

proposed determination. The 

determination is based on the best 

available scientific, commercial, or 

other information regarding sea turtlefishery interactions; 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. The AD is 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 


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(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 2015 AD, the AA used the 

most recent version of the annually 

published 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 

classification scheme used for fisheries 

on the LOF. In addition, unlike the LOF, 

the AD may include recreational 

fisheries likely to interact with sea 

turtles on the basis of the best available 

information. 

NMFS consulted with appropriate 

state and Federal fisheries officials to 

identify which fisheries, both 

commercial and recreational, should be 

considered on the AD. 

Recommendations were received from 

six state agencies. Gear types 

recommended for consideration 

included gillnet, trawl, trap/pot, pound 

net, seine, and hook-and line. NMFS 

considered all recommendations 

carefully in developing the proposed list 

of fisheries to be included. Although the 

comments and recommendations 

provided to NMFS by states were based 

upon the best available information on 

their fisheries, NMFS received more 

recommendations for fisheries to 

include on the 2015 AD than is practical 

based on the four previously noted 

criteria (50 CFR 222.402(a)). The AD is 

not an exhaustive or comprehensive list 

of all fisheries with documented or 

suspected takes of sea turtles. For some 

fisheries, NMFS may already be 

addressing incidental take 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)). Note also that fisheries not 

included on the 2015 AD may still be 

observed under a different authority 

than the ESA (e.g., MMPA, MSA). 

Notice of the final determination will 

be published in the Federal Register 

and made in writing to individuals 

permitted for each fishery identified on 

the AD. NMFS will also notify state 

agencies and provide notification 

through publication in local 

newspapers, radio broadcasts, and other 

means, as appropriate. 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 that more than five 

years are needed to obtain sufficient 

scientific data, NMFS will include the 

fishery in the proposed AD again prior 

to the end of the fifth year. 

In the 2010 AD, NMFS identified 19 

fisheries that were required to carry 

observers for a period of five years, 

through December 31, 2014, if requested 

by NMFS. Because of a lack of resources 

to implement new observer programs or 

expand existing programs, NMFS has 

not identified any additional fisheries 

on the AD since 2010. Eleven of the 19 

fisheries included on the 2010 AD have 

been included on the 2015 AD, and are 

described further below. The remaining 

eight fisheries were summarized in the 

proposed 2015 AD (October 22, 2014, 79 

FR 63066). 

Implementation of Observer Coverage 

in a Fishery Listed in the 2015 AD 

As part of the 2015 AD, NMFS has 

included, to the extent practicable, 

information on the fisheries or gear 

types to be observed, geographic and 

seasonal scope of coverage, and any 

other relevant information. For each of 

these fisheries or gear types, NMFS 

intends to monitor the fishery and 

anticipates that it will have the funds to 

do so. After publication of this final AD, 

a 30-day delay in the effective date for 

implementing observer coverage will 

follow, except for those fisheries where 

the AA has determined that there is 

good cause pursuant to the 

Administrative Procedure Act to make 

the rule effective without a 30-day 

delay. 

The design of any observer program 

for fisheries identified through the AD 

process, including how observers would 

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 or observer program. 

During the program design, NMFS will 

be guided by the following standards for 

distributing and placing observers 

among fisheries identified on 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 

(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 

at 50 CFR 600.725 and 50 CFR 600.746. 

Specifically, 50 CFR 600.746(c) requires 

vessels 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 on the vessel 

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 

determines that a vessel with 

inadequate or unsafe facilities is not be 

required to take an observer under 50 

CFR 222.404. In any case, all persons on 

a vessel must cooperate in the operation 

of observer functions. Observer 

programs designed or carried out in 

accordance with 50 CFR 222.404 would 

be required to be consistent with 

existing observer-related NOAA policies 

and 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.), Observer Health and 

Safety regulations (50 CFR part 600), 

and other relevant policies. 

Again, note that fisheries not included 

on the 2015 AD may still be observed 

under statutory authority other than the 

ESA (e.g., MMPA, MSA). Additional 

information on observer programs in 

commercial fisheries can be found on 

the NMFS National Observer Program’s 

Web site: http://www.st.nmfs.noaa.gov/

observer-home/; links to individual 

regional observer programs may also be 

found on this Web site. 

Sea Turtle Distribution 

The sea turtle distribution and 

ecological use of habitats that leads to 

the overlap of sea turtles and fisheries 

is critical information that NMFS uses 

to inform the development of the final 

AD. A summary of this information was 

included in the proposed AD (October 

22, 2014, 79 FR 63066) and was 

considered in the development of the 

final 2015 AD. 


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Comments and Responses 

NMFS received a total of seven 

comments on the proposed rule from 

members of the public, the State of 

North Carolina, and Turtle Island 

Restoration Network. Commenters 

expressed general support of the rule or 

fishery observer programs, some with 

additional suggestions and requests for 

the inclusion or exclusion of particular 

fisheries. All substantive comments are 

specifically addressed below. Comments 

on issues outside the scope of the AD 

were noted, but are not responded to in 

this final rule. 

General Comments 

Comment 1: Six commenters 

expressed general support of the rule. 

Response: NMFS agrees, and has 

included 14 fisheries on the 2015 AD to 

allow for increased data gathering on 

sea turtle bycatch in order to 

accomplish the purposes of the rule. 

Comment 2: The Turtle Island 

Restoration Network recommended that 

the Atlantic, Caribbean, and Gulf of 

Mexico pelagic longline and highlymigratory species fisheries be divided 

into independent fishery listings rather 

than treated as a whole, to ensure that 

adequate observer coverage is applied 

and subsequent independent ESA 

authority given. 

Response: This recommendation is 

outside the scope of this rulemaking 

given the criteria for including fisheries 

on the AD as codified in the 2007 

regulation (50 CFR 222.402), which 

specifies that NMFS will use the most 

recently published LOF as the 

comprehensive set of commercial 

fisheries to be considered for inclusion 

on the AD. 

Comments on Gillnet Fisheries 

Comment 3: The North Carolina 

Department of Environment and Natural 

Resources (NCDENR) expressed concern 

on the inclusion of the North Carolina 

inshore gillnet fishery and 

recommended that the fishery not be 

included on the 2015 AD. This concern 

was based on several factors including 

the low level of Federal observer effort 

expended on the fishery since it was 

included in the 2010 AD, the relatively 

high level of observer effort associated 

with the state observer program, 

communication difficulties that 

inclusion can create when both state 

and federal observer programs interact 

with fishers, existence of permits and 

regulations to reduce sea turtle 

interactions within the fishery, and 

NMFS observer effort is already in place 

under MMPA authority. 

Response: After considering this 

recommendation, NMFS has determined 

the best course of action is to include 

the North Carolina inshore gillnet 

fishery on the 2015 AD. In 2013, NMFS 

issued an ESA section 10(a)(1)(B) 

incidental take permit (ITP) to NCDENR, 

Division of Marine Fisheries, for the 

incidental take of sea turtles in the 

North Carolina inshore gillnet fishery. 

As a requirement of the permit, 

NCDENR must maintain a specific level 

of observer coverage to monitor and 

track the level of incidental take that is 

occurring. Although NCDENR is 

currently observing this fishery under 

the authority of the ITP, the observer 

coverage required by the ITP does not 

include all areas where the fishery 

operates. NMFS has evaluated the entire 

North Carolina inshore gillnet fishery 

based on the AD criteria, and has 

determined that this fishery meets the 

criteria for inclusion on the 2015 AD. 

However, NMFS does not intend to 

place observers on vessels in a fishery 

subject to observer requirements under 

an ITP without discussion and 

coordination with the state. 

NMFS understands there may be 

confusion when multiple government 

agencies have regulatory authority to 

observe, resulting in both Federal and 

state observers within a fishery. NMFS 

strives to clarify and improve the 

communication process regarding 

fishery observer requirements with 

local, state, and other federal entities to 

achieve the highest possible level of 

compliance and coordination. 

Comment 4: The Turtle Island 

Restoration Network recommended that 

all drift gillnet fisheries be monitored, 

particularly the California thresher 

shark/swordfish drift net fishery, due to 

the impacts these fisheries have on sea 

turtles. 

Response: NMFS acknowledges that 

there are other fisheries, in addition to 

those listed on the 2015 AD, that may 

be a concern for sea turtles. The 2015 

AD is not meant to be a comprehensive 

list of fisheries that interact with sea 

turtles or fisheries that require 

monitoring, but rather a focused list, 

based on specific inclusion criteria (see 

Purpose of the Sea Turtle Observer 

Requirement section). NMFS evaluates 

fisheries for inclusion on the AD on an 

annual basis and will re-evaluate the 

gillnet fisheries recommend by Turtle 

Island Restoration Network in future 

AD’s. The California thresher shark/

swordfish drift gillnet fishery is 

currently listed as a Category I fishery 

on the LOF, and therefore NMFS may 

monitor this entire fishery for marine 

mammals, which also allows for the 

collection of information on sea turtle 

bycatch. Dedicated observer coverage of 

this fishery is currently a top priority of 

NMFS and is considered necessary and 

essential to the successful 

implementation and monitoring of the 

Pacific Offshore Cetacean Take 

Reduction Plan and Endangered Species 

Act requirements already in place for 

the fishery. Indications are that observer 

coverage goals and mandates for this 

fishery are likely to increase in the 

foreseeable future due to management 

considerations already in place. Because 

NMFS does not intend to monitor this 

fishery beyond its existing coverage 

under other authorities, NMFS is not 

including this fishery on the 2015 AD. 

Comments on Seine/Weir/Pound Net 

Fisheries 

Comment 5: The Turtle Island 

Restoration Network expressed concern 

that the Virginia Pound Net and U.S. 

Mid-Atlantic mixed species stop seine/ 

weir/pound net fisheries were not 

included in the 2015 AD. 

Response: In accordance with the 

criteria for listing a fishery on the AD, 

NMFS is not including the Virginia 

Pound Net or the Mid-Atlantic mixed 

species stop seine/weir/pound net on 

the 2015 AD because NMFS does not 

intend to monitor these fisheries for sea 

turtle takes at this time. NMFS has 

observed the Virginia Pound Net fishery 

for sea turtle takes in the past, and 

NMFS currently maintains the authority 

to observe for marine mammals. 

Although these fisheries are not 

included on the 2015 AD, the AD is 

published annually and these fisheries 

may be considered for inclusion on a 

future AD. 

Comments on Longline Fisheries 

Comment 6: The Turtle Island 

Restoration Network commented that, 

although sea turtle takes occur in 

association with longline fisheries, no 

longline fishery was included in the 

2015 AD and recommended that 

longline fisheries (particularly the 

Hawaii deep-set and shallow-set 

longline fisheries, as well as the western 

Pacific pelagic deep-set fishery) be 

included and observed if funding 

becomes available for NMFS to 

undertake additional observing effort. 

Response: NMFS agrees that sea turtle 

interactions occur in association with 

longline fisheries. However, in 

accordance with the criteria for listing a 

fishery on the AD, described above, 

NMFS is not including the longline 

fisheries noted by the Turtle Island 

Restoration Network on the 2015 AD 

because NMFS does not intend to 

monitor the fishery beyond the existing 

coverage. At this time, NMFS believes 

that monitoring efforts available through 

MMPA and MSA authorities provide 


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sufficient monitoring coverage for 

assessing sea turtle interactions in 

longline fisheries. As noted earlier, 

information on sea turtles is collected 

whenever an interaction occurs on an 

observed trip. NMFS does not currently 

have funding available to add observer 

coverage specifically for the purposes of 

monitoring for sea turtle bycatch, and 

therefore these fisheries did not meet 

the criteria for listing on the 2015 AD. 

NMFS will continue to assess these and 

other fisheries for inclusion on future 

ADs. 

Fisheries Included on the 2015 Annual 

Determination 

NMFS includes 14 fisheries (12 in the 

Atlantic Ocean/Gulf of Mexico and 2 in 

the Pacific Ocean) on the 2015 AD. The 

14 fisheries, described below and listed 

in Table 1, represent several gear types, 

including trawl, gillnet, trap/pot, and 

weir/seine. 

The 2014 LOF (79 FR 14418, March 

14, 2014) was used as the 

comprehensive list of commercial 

fisheries to evaluate for inclusion on the 

AD. All of the fisheries included on the 

AD are also included in the 2015 LOF 

(79 FR 77919, December 29, 2014). The 

fishery name, definition, and number of 

vessels/persons for fisheries listed on 

the AD are taken from the most recent 

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. 

Trawl Fisheries 

Interactions with trawl fisheries are of 

particular concern for sea turtles, 

because forced submergence in 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). 

Trawls that are not outfitted with 

turtle excluder devices (TEDs) may 

result in 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 

The Southeastern U.S. Atlantic, Gulf 

of Mexico shrimp trawl fishery 

(estimated 4,950 vessels/persons) targets 

shrimp using various types of trawls; 

NMFS will focus on the component of 

the fishery that uses skimmer trawls for 

the 2015 AD. 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 TED requirements for 

shrimp bottom otter trawls. Skimmer 

trawls currently have no TED 

requirement, but are subject to tow time 

limits of 55 minutes from April 1 to 

October 31, and 75 minutes from 

November 1 to March 31. Skimmer 

trawls are used in North Carolina, 

Florida (Gulf Coast), Alabama, 

Mississippi, and Louisiana. There are 

documented takes 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 2,248 skimmer and butterfly 

net trawlers reporting landings in 2008. 

In 2008, Mississippi had approximately 

62 active skimmer, butterfly, and 

chopstick boats, Alabama had 60 active 

skimmer boats, and North Carolina had 

97 skimmer vessels (NMFS 2014). 

However, skimmer vessels in North 

Carolina have declined in recent years 

to 64 active vessels in 2010. 

Skimmer trawl effort overlaps with 

sea turtle distribution and, as noted 

above, takes have been observed in this 

fishery. In response to high numbers of 

sea turtle strandings since 2010, a 

portion of fishery observer effort was 

shifted from otter trawls to the 

nearshore skimmer trawls in the 

northern Gulf of Mexico during the 

summers of 2012, 2013, and 2014. In 

2012, 119 sea days were observed in the 

skimmer trawl fishery resulting in 24 

observed interactions with sea turtles. In 

2013, 145 sea days were observed, 

resulting in 8 observed interactions with 

sea turtles. In 2014, 82 sea days were 

observed, resulting in 10 observed 

interactions with sea turtles. 

Continued observer coverage to 

understand the scope and impact of 

turtle takes in this fishery is needed to 

inform management decisions on what 

additional actions may be necessary to 

minimize and prevent sea turtle takes, 

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 

the MSA. The fishery is currently 

observed at approximately 1% of total 

fishery effort. The fishery was 

previously included in the 2010 AD, 

which allowed for observer coverage to 

be shifted to skimmer trawls to 

specifically investigate bycatch of sea 

turtles. NMFS includes this fishery 

again pursuant to the criteria identified 

at 50 CFR 222.402(a)(1) for including a 

fishery on the AD, because sea turtles 

are known to occur in the same areas 

where the fishery operates, takes have 

been previously documented in this 

fishery, and NMFS intends to continue 

to focus observer coverage in the 

component of the fishery that uses 

skimmer trawls. 

Gulf of Mexico Mixed Species Trawl 

Fishery 

The Gulf of Mexico Mixed Species 

Trawl Fishery (estimated 20 vessels/

persons) targets fish using various types 

of trawl gear, including bottom otter 

trawl gear targeting sheepshead. This 

fishery is located in state waters, and is 

classified as Category III on the MMPA 

LOF. NMFS has not previously required 

vessels operating in this fishery to carry 

an observer under MMPA authority, and 

this fishery was not included in the 

2010 AD. NMFS includes this fishery in 

the 2015 AD pursuant to the criteria 

identified at 50 CFR 222.402(a)(1) for 

including a fishery on the AD, because 

sea turtles are known to occur in the 

same areas where the fishery operates, 

takes have 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 the gear is left 

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., 10–12 in. 

[25.4–30.5 cm] stretched mesh or 

greater) have been documented as 

particularly effective at capturing sea 

turtles. Additionally, sea turtles have 


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been documented entangled in smaller 

mesh gillnets. 

Given known interactions between 

sea turtles and this gear type, and the 

need to obtain more coverage on state 

inshore fisheries, NMFS includes the 

California Halibut, White Seabass and 

Other Species Set Gillnet Fishery; 

California Yellowtail, Barracuda, and 

White Seabass Drift Gillnet Fishery; 

Chesapeake Bay Inshore Gillnet Fishery; 

Long Island Inshore Gillnet Fishery; 

North Carolina Inshore Gillnet Fishery; 

and Gulf of Mexico Gillnet Fishery in 

the 2015 AD. Each of these fisheries, 

with the exception of the Gulf of Mexico 

Gillnet Fishery, was listed on the 2010 

AD. 

California Halibut, White Seabass and 

Other Species Set Gillnet Fishery (>3.5 

in Mesh) 

The California halibut, white seabass, 

and other species set gillnet fishery 

(estimated 50 vessels/persons) targets 

halibut, white seabass, and other species 

from the U.S.-Mexico border north to 

Monterey Bay using 200 fathom (1,200 

ft.; 366 m) gillnets with a stretch mesh 

size of 8.5 in (31.6 cm). Net soak 

duration is typically 8–10, 19–24, or 44– 

49 hours at a depth ranging from 15–50 

fathoms (90–300 ft.; 27–91 m), with 

most sets from 15–35 fathoms (90–210 

ft.; 27–64 m). No more than 1500 

fathoms (9,000 ft.; 2,743 m) of gill or 

trammel net may be fished in 

combination for California halibut and 

angel shark. Fishing occurs year-round, 

with effort generally increasing during 

summer months and declining during 

the last three months of the year. The 

central California portion of the fishery 

from Point Arguello to Point Reyes has 

been closed since September 2002, 

following a state ban on gillnets inshore 

of 60 fathoms (360 ft.; 110 m). Since 

1990, set gill nets have been prohibited 

in state waters south of Point Arguello 

and within 70 fathoms (420 ft.; 128 m) 

or one mile (1.6 km), whichever is less, 

around the Channel Islands. The 

California Department of Fish and Game 

(CDFG) manages the fishery as a limited 

entry fishery with gear restrictions and 

area closures. 

This fishery is classified as Category 

II on the MMPA LOF, which authorizes 

NMFS to observe this fishery in state 

waters for marine mammal interactions 

and to collect information on sea turtles 

should a take occur on an observed trip. 

This fishery was included in the 2010 

AD. This fishery was observed at 13% 

of all trips in 2010, 8% in 2011, and 6% 

in 2012. During that time, no sea turtle 

bycatch was observed in the fishery. 

Notwithstanding the fact that no sea 

turtle takes were documented in this 

fishery during this three year period, 

NMFS again includes this fishery 

pursuant to the criteria identified at 50 

CFR 222.402(a)(1) for including a 

fishery on the AD, because it operates in 

the same waters that turtles are known 

to occur, this gear type is known to 

result in the incidental take of sea 

turtles based on documented takes, and 

NMFS intends to monitor this fishery. 

California Yellowtail, Barracuda, and 

White Seabass Drift Gillnet Fishery 

(Mesh Size >3.5 in. and <14 in.) 

The California yellowtail, barracuda, 

and white seabass drift gillnet fishery 

(30 vessels/persons) targets primarily 

yellowtail and white seabass, and 

secondarily barracuda, with target 

species typically determined by market 

demand on a short-term basis. Drift 

gillnets are up to 6,000 ft. (1,829 m) long 

and are set at the surface. The mesh size 

depends on target species and is 

typically 6.0–6.5 in (15–16.5 cm). When 

targeting yellowtail and barracuda, the 

mesh size must be ≥3.5 in (9 cm); when 

targeting white seabass, the mesh size 

must be ≥6 in (15.2 cm). From June 16 

to March 14 not more than 20%, by 

number, of a load of fish may be white 

seabass with a total length of 28 in (71 

cm). A maximum of ten white seabass 

per load may be taken if taken in gillnet 

or trammel nets with meshes from 3.5– 

6.0 in (9–15 cm) in length. The fishery 

operates year-round, primarily south of 

Point Conception with some effort 

around San Clemente Island and San 

Nicolas Island. This fishery is a limited 

entry fishery with various gear 

restrictions and area closures managed 

by the CDFG. 

This fishery is classified as Category 

II on the MMPA LOF, which authorizes 

NMFS to observe this fishery in state 

waters for marine mammal interactions 

and to collect information on sea turtles 

should a take occur on an observed trip. 

This fishery was included in the 2010 

AD. This fishery was observed at 5% of 

all trips in 2010, 3% in 2011, and 1% 

in 2012. During that time, no sea turtle 

bycatch was observed in the fishery. 

Notwithstanding the fact that no sea 

turtle takes were documented in this 

fishery during this three year period, 

NMFS again includes this fishery 

pursuant to the criteria identified at 50 

CFR 222.402(a)(1) for including a 

fishery on the AD because it operates in 

the same waters that turtles are known 

to occur, this gear type is known to 

result in the incidental take of sea 

turtles based on documented takes, and 

NMFS intends to monitor this fishery. 

Chesapeake Bay Inshore Gillnet Fishery 

The Chesapeake Bay inshore gillnet 

fishery (estimated 1,126 vessels/

persons) targets menhaden and croaker 

using gillnet gear with mesh sizes 

ranging from 2.875–5 in (7.3–12.7 cm), 

depending on the target species. The 

fishery operates between the 

Chesapeake Bay Bridge-Tunnel and the 

mainland. The fishery is managed under 

the Interstate Fishery Management Plans 

(FMPs) for Atlantic menhaden and 

Atlantic croaker. Gillnets in Chesapeake 

Bay also target striped bass and spot 

croaker. 

This fishery is classified as Category 

II on the MMPA LOF, and was included 

in the 2010 AD. There has been limited 

observer coverage in this fishery since 

2010, with 12 observed trips in 2010, 

one observed trip in 2011, and three 

observed trips in 2013. To date, observer 

coverage in gillnet fisheries has focused 

on Federally-managed fisheries. 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 interaction and 

the limited data currently available on 

interactions, NMFS again includes this 

fishery pursuant to the criteria 

identified at 50 CFR 222.402(a)(1) for 

listing a fishery on the AD 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 

The Long Island Sound inshore gillnet 

fishery (estimated 20 vessels/persons) 

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). Target 

species include bluefish, striped bass, 

weakfish, and summer flounder. 

This fishery is classified as Category 

II on the MMPA LOF and was included 

in the 2010 AD. There has been limited 

observer coverage in this fishery since 

2010. To date, observer coverage in 

gillnet fisheries has focused on 

Federally-managed fisheries. However, 

the NMFS Northeast Fisheries Observer 

Program has worked with the state of 

New York to develop a plan to achieve 

observer coverage in New York state 

waters between 2014 and 2017, which 

includes approximately 250 gillnet trips 

annually. There is a need to better 

understand the gear fished in state 

waters and the extent to which this gear 


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interacts with sea turtles. Given the risk 

of interaction and the limited data 

currently available on interactions, and 

the new partnership with the State of 

New York, NMFS again includes this 

fishery pursuant to the criteria 

identified at 50 CFR 222.402(a)(1) for 

listing a fishery on the AD. NMFS also 

makes this determination 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. 

North Carolina Inshore Gillnet Fishery 

The North Carolina inshore gillnet 

fishery (approximately 1,323 vessels/

persons) targets species including 

southern flounder, weakfish, bluefish, 

Atlantic croaker, striped mullet, spotted 

seatrout, Spanish mackerel, striped bass, 

spot, red drum, black drum, and shad. 

This fishery includes any fishing effort 

using any type of gillnet gear, including 

set (float and sink), drift, and runaround 

gillnet for any target species inshore of 

the COLREGS lines in North Carolina. 

This fishery is managed under state and 

Atlantic States Marine Fisheries 

Commission (ASMFC) interstate FMPs, 

applying net and mesh size regulations, 

and seasonal area closures in the 

Pamlico Sound Gillnet Restricted Area. 

NMFS issued two ESA section 

10(a)(1)(B) permits for the North 

Carolina state-wide inshore gillnet 

fishery to incidentally take sea turtles in 

2013, and to incidentally take Atlantic 

sturgeon in 2014, which include all 

inshore, estuarine waters, including 

Core Sound and Pamlico Sound. The 

permits require the State of North 

Carolina to maintain a minimum of 7% 

observer coverage for large mesh gillnet 

in each state management area for the 

spring, summer, and fall seasons. It also 

requires a minimum of 2% observer 

coverage for small mesh gillnets. Since 

issuance of the sea turtle incidental take 

permit in September 2013, it is 

estimated that 261 green sea turtles (173 

alive, 88 dead) and 15 Kemp’s ridley sea 

turtles (all alive), have been incidentally 

taken in the inshore large mesh gillnet 

fishery. Additionally, one live green sea 

turtle was observed in the small mesh 

gillnet fishery. 

This fishery is classified as Category 

II on the MMPA LOF, and was included 

in the 2010 AD. NMFS has observed this 

fishery with limited coverage since 

2010, observing 42 trips in 2010, 18 

trips in 2011, 22 trips in 2012, and 28 

trips in 2013. Although the state is 

currently required to maintain observer 

coverage in inshore waters, NMFS again 

includes this fishery pursuant to the 

criteria identified at 50 CFR 

222.402(a)(1) for listing a fishery on the 

AD because sea turtles are known to 

occur in the same areas where the 

fishery operates, takes have been 

previously documented in this fishery, 

the fishery operates during a period of 

high sea turtle strandings, and NMFS 

intends to monitor this fishery. 

Gulf of Mexico Gillnet Fishery 

The Gulf of Mexico Gillnet Fishery 

(estimated 724 vessels/persons) operates 

in state inshore waters, targeting finfish, 

including Spanish mackerel, king 

mackerel, striped mullet, Florida 

pompano, and southern flounder using 

sink gillnets and strike gillnets. 

This fishery is classified as Category 

II on the MMPA LOF, which authorizes 

NMFS to observe this fishery for marine 

mammal interactions and to collect 

information on sea turtles should a take 

occur on an observed trip. To better 

characterize fishing effort and bycatch, 

the NMFS Southeast Gillnet Observer 

Program began placing observers on 

state commercial gillnet vessels in 

coastal Louisiana, Mississippi, and 

Alabama in 2012. NMFS includes this 

fishery in the 2015 AD because sea 

turtles are known to occur in the same 

areas where the fishery operates and 

takes have been documented in similar 

other fisheries using gillnet gear, and 

NMFS intends to monitor this fishery. 

Trap/Pot Fisheries 

Sea turtles are known to become 

entangled in the buoy lines (also called 

vertical lines) of trap/pot gear, and there 

have been anecdotal reports that sea 

turtles may interact with the trap/pot 

itself. Turtles entangled in trap/pot gear 

may drown or suffer injuries (and 

potential subsequent mortality) due to 

constriction by the rope or line. Takes 

of both leatherback and hard-shelled sea 

turtles have been documented in this 

gear type. NMFS Greater Atlantic 

Regional Fisheries Office (GARFO), 

formerly the Northeast Regional Office, 

established the Northeast Atlantic Sea 

Turtle Disentanglement Network 

(STDN) in 2002 to respond to 

entanglements in vertical lines 

associated with trap/pot gear. Reports of 

entangled sea turtles come from 

fishermen, boaters, and the general 

public. Since 2002, entanglements in 

vertical lines have averaged 20.4 

annually. Takes in 2012 and 2013 

increased significantly with 41 and 56 

takes documented in each year, 

respectively. These numbers include all 

vertical line interactions, the vast 

majority of which were identified as 

trap/pot gear (as opposed to gillnet 

gear). A more systematic data collection 

on these interactions is needed to begin 

understanding the extent to which 

interactions occur in order to implement 

the prohibitions against takes, including 

preventing or minimizing takes. 

Three pot/trap fisheries were 

included in the 2010 AD; Atlantic Blue 

Crab Trap/Pot Fishery, Atlantic Mixed 

Species Trap/Pot Fishery, and the 

Northeast/Mid-Atlantic American 

Lobster Trap/Pot Fishery. However, 

limited or no observer coverage has 

been achieved in these fisheries since 

listing on the 2010 AD. While some pot/ 

trap vessels can be observed through 

traditional methods, other vessels 

participating in these fisheries, 

especially in state waters, may be too 

small to carry observers, which create 

challenges for observer programs. 

Further discussions regarding the most 

appropriate and effective methodologies 

for observing the pot/trap fisheries will 

be beneficial. On June 27, 2014, NMFS 

published a final rule under the MMPA 

that will reduce the volume of vertical 

lines in Atlantic waters (79 FR 36586). 

In addition to helping conserve and 

recover large whales, this reduction is 

expected to benefit sea turtles. NMFS 

will continue to monitor the 

implementation of this rule and 

evaluate its effectiveness. In addition, 

staff from GARFO, the Northeast 

Fisheries Science Center (NEFSC), and 

Fisheries and Oceans Canada met in 

December 2014 to discuss technologies 

that may apply to mitigating sea turtle 

interactions with vertical lines. Based 

on these discussions, the GARFO and 

NEFSC are developing a research plan 

related to vertical line and sea turtle 

interactions. This plan will consider 

observer coverage in these fisheries. 

New methods to more effectively 

monitor these fisheries may be 

developed and implemented as an 

outcome of this meeting. Based on the 

input from the states, NMFS again 

includes all three pot/trap fisheries in 

the 2015 AD, further described below. 

Atlantic Blue Crab Trap/Pot Fishery 

The Atlantic blue crab trap/pot 

fishery (estimated 8,557 vessels/

persons) targets blue crab using pots 

baited with fish or poultry typically set 

in rows in shallow water. The pot 

position is marked by either a floating 

or sinking buoy line attached to a 

surface buoy. The fishery occurs yearround from the south shore of Long 

Island at 72° 30′ W. long. in the Atlantic 

and east of the fishery management 

demarcation line between the Atlantic 

Ocean and the Gulf of Mexico (50 CFR 

600.105), including state waters. The 

fishery is managed under state FMPs. 


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This fishery is classified as Category 

II on the MMPA LOF and was included 

in the 2010 AD. However, since NMFS 

included this fishery in the 2010 AD, 

NMFS has been unable to observe the 

fishery, as discussed above. 

Accordingly, NMFS again includes this 

fishery pursuant to the criteria 

identified at 50 CFR 222.402(a)(1) for 

listing a fishery on the AD because sea 

turtles are known to occur in the same 

areas where the fishery operates, takes 

have been documented in similar gear 

types (i.e. lobster pot fishery), and 

NMFS intends to monitor this fishery. 

Atlantic Mixed Species Trap/Pot Fishery 

The Atlantic mixed species trap/pot 

fishery (estimated 3,467 vessels/

persons) targets species including 

hagfish, shrimp, conch/whelk, red crab, 

Jonah crab, rock crab, black sea bass, 

scup, tautog, cod, haddock, pollock, 

redfish (ocean perch), white hake, spot, 

skate, catfish, and stone crab. The 

fishery includes all trap/pot operations 

from the Maine-Canada border south 

through the waters east of the fishery 

management demarcation line between 

the Atlantic Ocean and the Gulf of 

Mexico (50 CFR 600.105), but does not 

include the following trap/pot fisheries 

(as defined on the MMPA LOF): 

Northeast/Mid-Atlantic American 

lobster trap/pot; Atlantic blue crab trap/ 

pot; Florida spiny lobster trap/pot; 

Southeastern U.S. Atlantic, Gulf of 

Mexico stone crab trap/pot; U.S. MidAtlantic eel trap/pot fisheries; and the 

Southeastern U.S. Atlantic, Gulf of 

Mexico golden crab fishery (68 FR 1421, 

January 10, 2003). The fishery is 

managed under various Interstate and 

Federal FMPs. 

This fishery is classified as Category 

II on the MMPA LOF and was included 

in the 2010 AD. However, since listing 

this fishery on the 2010 AD, NMFS has 

been unable to observe the fishery, as 

discussed above. Accordingly, NMFS 

again includes this fishery pursuant to 

the criteria identified at 50 CFR 

222.402(a)(1) for listing a fishery on the 

AD because sea turtles are known to 

occur in the same areas where the 

fishery operates, takes have been 

documented in similar gear types (i.e. 

lobster pot fishery), and NMFS intends 

to monitor this fishery. 

Northeast/Mid-Atlantic American 

Lobster Trap/Pot Fishery 

The Northeast/Mid-Atlantic American 

lobster trap/pot fishery (estimated 

11,693 vessels/persons) targets 

American lobster primarily with traps, 

while approximately 2–3% of the target 

species is taken by mobile gear (trawls 

and dredges). The fishery operates in 

inshore and offshore waters from Maine 

to New Jersey, and may extend as far 

south as Cape Hatteras, North Carolina. 

Approximately 80% of American lobster 

is harvested from state waters; therefore, 

the ASMFC has the primary regulatory 

role. The fishery is managed in state 

waters under the ASMFC Interstate FMP 

and in Federal waters under the Atlantic 

Coastal Fisheries Cooperative 

Management Act. 

This fishery is classified as Category 

I on the MMPA LOF and was included 

in the 2010 AD. Since that time, NMFS 

observed 22 lobster trips in 2013 and 32 

trips in 2014, with 216 observation days 

planned for the 2014–2015 schedule. 

NMFS STDN has documented 83 

leatherback entanglements in lobster 

trap gear operating in Maine, 

Massachusetts, Rhode Island, 

Connecticut, New York, and New Jersey 

since 2002. These entanglements have 

occurred between May and October 

(STDN, unpublished data), which is the 

time period when observer coverage for 

this fishery will be focused. 

NMFS again includes this fishery 

pursuant to the criteria identified at 50 

CFR 222.402(a)(1) for listing a fishery on 

the AD because sea turtles are known to 

occur in the same areas where the 

fishery operates, takes have been 

documented in this fishery, and NMFS 

intends to monitor this fishery. 

Weir/Seine/Floating Trap Fisheries 

Pound net, weir, seine and floating 

trap fisheries may use mesh similar to 

that used in gillnets, but the gear is 

prosecuted differently from traditional 

gillnets. For example, pound net leaders 

have a mesh component similar to a 

gillnet; yet sea turtles have been 

documented entangled in pound net 

leaders. Pound net leaders in the 

Virginia portion of the Chesapeake Bay 

are subject to requirements designed to 

reduce sea turtle bycatch. Purse seines, 

weirs and floating traps also have the 

potential to entangle and drown sea 

turtles, as they are set similarly to 

pound nets. Turtles have been 

documented in the pounds of pound net 

gear and/or weirs in Massachusetts, 

New York, Maryland, North Carolina, 

and Virginia. The turtles observed in 

these pounds have generally been alive 

and uninjured. In Virginia, sea turtles 

have been documented becoming 

entangled with the leader, which often 

results in mortality. 

Four pound net/weir/seine fisheries 

were included on the 2010 AD: the MidAtlantic haul/beach seine, the MidAtlantic menhaden purse seine, the 

Mid-Atlantic mixed species stop seine/ 

weir/pound net, and the Virginia pound 

net fishery. Based on the information 

provided by states and the best available 

scientific information, NMFS includes 

again two of these fisheries: the MidAtlantic haul/beach seine fishery, MidAtlantic menhaden purse seine fishery, 

and adds the Rhode Island floating trap 

fishery on the 2015 AD. 

Mid-Atlantic Haul/Beach Seine Fishery 

The Mid-Atlantic haul/beach seine 

fishery (estimated 565 vessels/persons) 

targets striped bass, mullet, spot, 

weakfish, sea trout, bluefish, kingfish, 

and harvest fish using seines with one 

end secured (e.g., swipe nets and long 

seines) and seines secured at both ends 

or those anchored to the beach and 

hauled up on the beach. The beach 

seine system also uses a bunt and a 

wash net that are attached to the beach 

and extend into the surf. The beach 

seines soak for less than two hours. The 

fishery occurs in waters west of 72° 30′ 

W. long. and north of a line extending 

due east from the North Carolina-South 

Carolina border. Fishing on the Outer 

Banks, North Carolina occurs primarily 

in the spring (April to June) and fall 

(October to December). In the 

Chesapeake Bay, this gear has been 

historically fished in the southwest 

portion of the Bay with some effort in 

the northwest portion. Effort begins to 

increase in early May, peaks in early/

mid-June, and continues into July. 

During this time, based on historical 

data from Virginia, approximately 100 

haul seine trips occur. Beach haul 

seines have been documented to interact 

with sea turtles. 

The fishery is managed under the 

Interstate FMPs for Bluefish and for 

Atlantic Striped Bass of the Atlantic 

Coast from Maine through North 

Carolina, and is subject to Bottlenose 

Dolphin Take Reduction Plan 

implementing regulations. 

This fishery is classified as Category 

II on the MMPA LOF and was included 

in the 2010 AD. NMFS observed this 

fishery at low levels prior to 2008, but 

it has not been observed since then. 

NMFS again includes this fishery 

pursuant to the criteria identified at 50 

CFR 222.402(a)(1) for listing a fishery on 

the AD based on suspected interactions 

with sea turtles given the nature of the 

gear and fishing methodology in 

addition to effort overlapping with sea 

turtle distribution. In the Chesapeake 

Bay, the fishery operates at the same 

time as historically elevated sea turtle 

strandings, and NMFS intends to 

monitor this fishery. 

Mid-Atlantic Menhaden Purse Seine 

Fishery 

The Mid-Atlantic menhaden purse 

seine fishery (estimated 5 vessels/


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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14327 

persons) targets menhaden and thread 

herring using purse seine gear. Most sets 

occur within 3 mi (4.8 km) of shore with 

the majority of the effort occurring off 

North Carolina from November to 

January, and moving northward during 

warmer months to southern New 

England. The fishery is managed under 

the Interstate FMP for Atlantic 

Menhaden. In the Chesapeake Bay, this 

fishery operates to a limited extent 

during a period of high sea turtle 

strandings (May and June). This fishery 

is classified as Category II on the MMPA 

LOF and was listed on the 2010 AD. 

NMFS has observed this fishery at low 

levels, with nine trips observed in 2010, 

and three trips observed in 2012. NMFS 

again includes this fishery pursuant to 

the criteria identified at 50 CFR 

222.402(a)(1) for listing a fishery on the 

AD, given the nature of the gear and 

fishing methodology in addition to 

effort overlapping with sea turtle 

distribution, and NMFS intends to 

monitor this fishery. 

Rhode Island Floating Trap Fishery 

The Rhode Island Floating Trap 

Fishery (estimated nine vessels/persons) 

is a small fishery that sets traps similar 

to a weir/pound net seasonally (MayOctober) targeting scup, striped sea bass, 

and squid. 

This fishery is classified as Category 

III on the MMPA LOF, and NMFS has 

not previously required vessels 

operating in this fishery to carry an 

observer under MMPA authority. This 

fishery was not included in the 2010 

AD. Turtles have been documented in 

the pounds of pound net gear and/or 

weirs in Massachusetts, New York, 

Maryland, and Virginia, which operates 

similarly to the Rhode Island Floating 

Trap Fishery. There have also been 

anecdotal reports of sea turtle 

interactions in this fishery, but bycatch 

levels are unknown. NMFS includes 

this fishery pursuant to the criteria 

identified at 50 CFR 222.402(a)(1) for 

listing a fishery on the AD because sea 

turtles are known to occur in the same 

areas where the fishery operates, takes 

have been documented in similar gear 

types, such as the Virginia and 

Maryland pound nets, and NMFS 

intends to monitor this fishery. 

TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE 2015 ANNUAL DETERMINATION

Fishery Years eligible to 

carry observers 

Trawl Fisheries 

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .............................................................................................................. 2015–2019 

Gulf of Mexico mixed species fish trawl ........................................................................................................................................ 2015–2019 

Gillnet Fisheries 

California halibut, white seabass and other species set gillnet (>3.5 in mesh) ........................................................................... 2015–2019 

California yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ............................................... 2015–2019 

Chesapeake Bay inshore gillnet .................................................................................................................................................... 2015–2019 

Long Island inshore gillnet ............................................................................................................................................................. 2015–2019 

North Carolina inshore gillnet ........................................................................................................................................................ 2015–2019 

Gulf of Mexico gillnet ..................................................................................................................................................................... 2015–2019 

Trap/pot Fisheries 

Atlantic blue crab trap/pot .............................................................................................................................................................. 2015–2019 

Atlantic mixed species trap/pot ...................................................................................................................................................... 2015–2019 

Northeast/Mid-Atlantic American lobster trap/pot .......................................................................................................................... 2015–2019 

Pound Net/Weir/Seine Fisheries 

Mid-Atlantic haul/beach seine ........................................................................................................................................................ 2015–2019 

Mid-Atlantic menhaden purse seine .............................................................................................................................................. 2015–2019 

Rhode Island floating trap ............................................................................................................................................................. 2015–2019 

Classification 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration at the 

proposed rule stage that this rule would 

not have a significant economic impact 

on a substantial number of small 

entities. NMFS published the factual 

basis for that certification in the 

proposed rule, and does not repeat it 

here. NMFS received no comments on 

this certification. Accordingly, no 

regulatory flexibility analysis is 

required, and none was prepared. 

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 final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

An environmental assessment (EA) 

was prepared under the National 

Environmental Policy Act (NEPA) on 

the issuance of the regulations to 

implement this observer requirement in 

50 CFR part 222, subpart D. The EA 

concluded that implementing these 

regulations would not have a significant 

impact on the human environment. This 

final rule would not make any 

significant change in the management of 

fisheries included on the AD, and 

therefore, this final rule would not 

change the analysis or conclusion of the 

EA. If NMFS takes a management action 

for a specific fishery, for example, 

requiring fishing gear modifications, 

NMFS would first prepare any 

environmental document required 

under NEPA and specific to that action. 

This final rule would not affect 

species listed as threatened or 

endangered under the ESA or their 

associated critical habitat. The impacts 


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14328 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

of numerous fisheries have been 

analyzed in various biological opinions, 

and this final rule would not affect the 

conclusions of those opinions. The 

inclusion of fisheries on the AD is not 

considered to be 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 final rule would have no adverse 

impacts on sea turtles and may have a 

positive impact on sea turtles by 

improving knowledge of sea turtles and 

the fisheries interacting with sea turtles 

through information collected from 

observer programs. 

This final rule 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. 

Dated: March 12, 2015. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–06341 Filed 3–18–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140728622–5225–02] 

RIN 0648–BE44 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

management measures described in a 

framework action to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared by the Gulf of Mexico 

Fishery Management Council (Council). 

This final rule revises the recreational 

accountability measures (AMs) by 

establishing a recreational annual catch 

target (ACT) and quota overage 

adjustment for red snapper in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf). The purpose of 

this final rule is to help achieve 

optimum yield (OY) for the Gulf red 

snapper resource and better ensure red 

snapper recreational landings do not 

exceed the recreational quota 

established in the rebuilding plan. 

DATES: This rule is effective April 20, 

2015. 

ADDRESSES: Electronic copies of the 

framework action, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act analysis may be obtained 

from the Southeast Regional Office Web 

site at http://sero.nmfs.noaa.gov/

sustainable_fisheries/gulf_fisheries/

reef_fish/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, Southeast Regional Office, 

NMFS, telephone 727–824–5305; email: 

Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Gulf reef fish 

fishery under the FMP. The Council 

prepared the FMP and NMFS 

implements the FMP through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

On November 21, 2014, NMFS 

published a proposed rule for the 

framework action and requested public 

comment (79 FR 69418). The proposed 

rule and the framework action outline 

the rationale for the actions contained in 

this final rule. A summary of the actions 

implemented by the framework action 

and this final rule is provided below. 

Management Measures Contained in 

This Final Rule 

This final rule revises the red snapper 

recreational AMs to support 

management efforts to maintain 

landings within the recreational quota 

and to mitigate any recreational quota 

overages should they occur. 

Red Snapper Recreational ACT and 

Season Length 

This final rule establishes a red 

snapper recreational ACT by applying a 

buffer to the recreational quota that is 

based on the Council’s annual catch 

limit (ACL)/ACT control rule developed 

in the Generic ACL/Amendment (76 FR 

82044, December 29, 2011). The ACL/

ACT control rule is used to determine 

the appropriate target catch levels that 

account for management uncertainty in 

maintaining catches at or below the ACL 

(quota). The control rule is intended to 

be applied separately to the recreational 

and commercial sectors because each 

sector has different levels of 

management uncertainty. The control 

rule recommends no buffer be applied 

to the quota for the red snapper 

commercial sector because the sector is 

managed by an IFQ program, has 

accurate landings data, and has not 

exceeded its quota in the last 7 years the 

IFQ program has been in effect. For the 

recreational sector, the control rule 

recommends applying a 20-percent 

buffer to the quota primarily because the 

recreational quota has been exceeded in 

3 of the last 4 years. When the 20- 

percent buffer is applied to the quota, it 

results in an ACT of 4.312 million lb 

(1.956 million kg), round weight. 

This final rule also revises the 

procedure for determining the 

recreational season length (closure 

date). Beginning in the 2015 fishing 

year, the red snapper recreational 

season closure date will be based on 

when the recreational ACT will be met 

instead of when the recreational quota 

will be met. Using the ACT to set the 

season length serves as an in-season AM 

and reduces the probability of exceeding 

the recreational quota during a fishing 

year from 50 percent to 15 percent. 

Red Snapper Recreational Post-Season 

AM 

This final rule also revises the 

recreational AMs to include a quota 

overage adjustment (payback) should 

the recreational quota be exceeded 

while the red snapper stock is 

overfished. If red snapper are overfished 

and the recreational quota is exceeded, 

then in the year following the overage, 

the recreational quota will be reduced 

by the amount of the recreational quota 

overage in the prior fishing year, unless 

the best scientific information available 

determines that a greater, lesser, or no 

overage adjustment is necessary. If the 

quota is adjusted, the recreational ACT 

will also be reduced to maintain the 20- 

percent buffer between the ACT and the 

adjusted quota. 

Comments and Responses 

NMFS received a total of 40 public 

comments on the proposed rule: 2 

Comments from non-governmental 

organizations, 4 comments from fishing 

organizations, and the rest from 

individuals. Ten commenters submitted 

suggestions for the reef fish fishery that 

were outside the scope of the framework 

and the proposed rule, including 

comments related to reallocation 

between sectors, regional management, 

area closures, different fishing seasons, 

making red snapper a gamefish, and 

establishing a recreational tag system. A 

number of commenters also expressed 

opinions about the status of the red 

snapper stock. Eleven commenters 

stated general opposition to the rule, 

while 4 commenters expressed general 


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