63066 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 

■ B. Adding, in alphabetical order, the 

definition of What Works Clearinghouse 

Evidence Standards. 

The revisions and addition read as 

follows: 

§ 77.1 Definitions that apply to all 

Department programs. 

* * * * * 

(c) * * * 

* * * * * 

Evidence of promise means there is 

empirical evidence to support the 

theoretical linkage(s) between at least 

one critical component and at least one 

relevant outcome presented in the logic 

model for the proposed process, 

product, strategy, or practice. 

Specifically, evidence of promise means 

the conditions in paragraphs (a) and (b) 

of this section are met: 

(a) There is at least one study that is 

a— 

(1) Correlational study with statistical 

controls for selection bias; 

(2) Quasi-experimental design study 

that meets the What Works 

Clearinghouse Evidence Standards with 

reservations; or 

(3) Randomized controlled trial that 

meets the What Works Clearinghouse 

Evidence Standards with or without 

reservations. 

(b) The study referenced in paragraph 

(a) found a statistically significant or 

substantively important (defined as a 

difference of 0.25 standard deviations or 

larger) favorable association between at 

least one critical component and one 

relevant outcome presented in the logic 

model for the proposed process, 

product, strategy, or practice. 

* * * * * 

Large sample means an analytic 

sample of 350 or more students (or other 

single analysis units), or 50 or more 

groups (such as classrooms or schools) 

that contain 10 or more students (or 

other single analysis units). 

* * * * * 

Moderate evidence of effectiveness 

means one of the following conditions 

is met: 

(a) There is at least one study of the 

effectiveness of the process, product, 

strategy, or practice being proposed that 

meets the What Works Clearinghouse 

Evidence Standards without 

reservations, found a statistically 

significant favorable impact on a 

relevant outcome (with no statistically 

significant and overriding unfavorable 

impacts on that outcome for relevant 

populations in the study or in other 

studies of the intervention reviewed by 

and reported on by the What Works 

Clearinghouse), and includes a sample 

that overlaps with the populations or 

settings proposed to receive the process, 

product, strategy, or practice. 

(b) There is at least one study of the 

effectiveness of the process, product, 

strategy, or practice being proposed that 

meets the What Works Clearinghouse 

Evidence Standards with reservations, 

found a statistically significant favorable 

impact on a relevant outcome (with no 

statistically significant and overriding 

unfavorable impacts on that outcome for 

relevant populations in the study or in 

other studies of the intervention 

reviewed by and reported on by the 

What Works Clearinghouse), includes a 

sample that overlaps with the 

populations or settings proposed to 

receive the process, product, strategy, or 

practice, and includes a large sample 

and a multi-site sample. (Note: multiple 

studies can cumulatively meet the large 

and multi-site sample requirements as 

long as each study meets the other 

requirements in this paragraph.) 

* * * * * 

Quasi-experimental design study 

means a study using a design that 

attempts to approximate an 

experimental design by identifying a 

comparison group that is similar to the 

treatment group in important respects. 

These studies, depending on design and 

implementation, can meet What Works 

Clearinghouse Evidence Standards with 

reservations (but not What Works 

Clearinghouse Evidence Standards 

without reservations). 

* * * * * 

Randomized controlled trial means a 

study that employs random assignment 

of, for example, students, teachers, 

classrooms, schools, or districts to 

receive the intervention being evaluated 

(the treatment group) or not to receive 

the intervention (the control group). The 

estimated effectiveness of the 

intervention is the difference between 

the average outcomes for the treatment 

group and for the control group. These 

studies, depending on design and 

implementation, can meet What Works 

Clearinghouse Evidence Standards 

without reservations. 

* * * * * 

Strong evidence of effectiveness 

means one of the following conditions 

is met: 

(a) There is at least one study of the 

effectiveness of the process, product, 

strategy, or practice being proposed that 

meets the What Works Clearinghouse 

Evidence Standards without 

reservations, found a statistically 

significant favorable impact on a 

relevant outcome (with no statistically 

significant and overriding unfavorable 

impacts on that outcome for relevant 

populations in the study or in other 

studies of the intervention reviewed by 

and reported on by the What Works 

Clearinghouse), includes a sample that 

overlaps with the populations and 

settings proposed to receive the process, 

product, strategy, or practice, and 

includes a large sample and a multi-site 

sample. (Note: multiple studies can 

cumulatively meet the large and multisite sample requirements as long as each 

study meets the other requirements in 

this paragraph.) 

(b) There are at least two studies of 

the effectiveness of the process, product, 

strategy, or practice being proposed, 

each of which: Meets the What Works 

Clearinghouse Evidence Standards with 

reservations, found a statistically 

significant favorable impact on a 

relevant outcome (with no statistically 

significant and overriding unfavorable 

impacts on that outcome for relevant 

populations in the studies or in other 

studies of the intervention reviewed by 

and reported on by the What Works 

Clearinghouse), includes a sample that 

overlaps with the populations and 

settings proposed to receive the process, 

product, strategy, or practice, and 

includes a large sample and a multi-site 

sample. 

* * * * * 

What Works Clearinghouse Evidence 

Standards means the standards set forth 

in the What Works Clearinghouse 

Procedures and Standards Handbook 

(Version 3.0, March 2014), which can be 

found at the following link: http://

ies.ed.gov/ncee/wwc/

DocumentSum.aspx?sid=19. 

* * * * * 

[FR Doc. 2014–24929 Filed 10–21–14; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 222 

[Docket No. 140829733–4733–01] 

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: Proposed rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes a 

proposed Annual Determination (AD) 

for 2015, pursuant to its authority under 


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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 

interactions in a given fishery, evaluate 

measures to prevent or reduce sea turtle 

takes and to 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: Comments must be received by 

November 21, 2014. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2014–0108’’ by any of 

the following methods: 

• Electronic Submissions: Submit all 

electronic comments through the 

Federal eRulemaking portal: http://

www.regulations.gov (follow 

instructions for submitting comments). 

• Mail: Submit written comments to 

Chief, Marine Mammal and Sea Turtle 

Conservation Division, Attn: Sea Turtle 

Annual Determination, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

Comments regarding the burden-hour 

estimates, or any other aspect of the 

collection of information requirements 

contained in this rule, should be 

submitted in writing to Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Silver 

Spring, MD 20910, and to the Office of 

Information and Regulatory Affairs at 

OIRA_submissions@omb.eop.gov. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

www.regulations.gov without change. 

All Personal Identifying Information 

(e.g., name, address, etc.) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields, if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

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 

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), 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, 

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 a regulation 

issued to implement the prohibition of 

take and the issuance of regulations to 

enforce the take prohibitions. 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 fishery-sea turtle 

interactions. 

The most effective way for NMFS to 

learn more about sea turtle-fishery 

interactions 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 (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 


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will enable NMFS to develop an 

appropriate sampling protocol to 

investigate whether, how, when, where, 

and under what conditions incidental 

takes are occurring; to evaluate whether 

existing measures are minimizing or 

preventing takes; and to implement ESA 

take prohibitions and conserve 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, develops a proposed 

AD identifying which fisheries are 

required to carry observers, if requested, 

to monitor potential interactions with 

sea turtles. NMFS provides 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. Specifically, this 

determination 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 

(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. 

The AA uses 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 

an AD we do not rely on the three-part 

MMPA classification scheme used for 

fisheries on the LOF. In addition, unlike 

the LOF, an 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 in 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 feasible 

to propose at this time based on the four 

previously noted criteria (50 CFR 

222.402(a)). The proposed AD is not an 

exhaustive or comprehensive list of all 

fisheries with documented or suspected 

takes of sea turtles. For other 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 in 

the AD since 2010. 

Review of Fisheries Listed on the 2010 

AD 

Eleven of the 19 fisheries listed on the 

2010 AD are proposed for inclusion in 

the 2015 AD and are described further 

below. These fisheries include: The 

Southeastern U.S. Atlantic, Gulf of 

Mexico shrimp trawl fishery, California 

Halibut, White Seabass and Other 

Species Set Gillnet Fishery (>3.5 in 

mesh), California Yellowtail, Barracuda, 

and White Seabass Drift Gillnet Fishery 

(mesh size >3.5 in. and <14 in.), 

Chesapeake Bay Inshore Gillnet Fishery, 

Long Island Inshore Gillnet Fishery, 

North Carolina Inshore Gillnet Fishery, 

Atlantic blue crab trap/pot, Atlantic 

Mixed Species Trap/Pot Fishery, 

Northeast/Mid-Atlantic American 

lobster trap/pot, Mid-Atlantic Haul/

Beach Seine Fishery, and the MidAtlantic menhaden purse seine. 

There were eight fisheries included 

on 2010 AD that are not proposed for 

inclusion in the 2015 AD. However, 

NMFS may determine that any of these 

fisheries should be included in a 

subsequent AD. A summary of these 

eight fisheries is provided below. 

Atlantic Shellfish Bottom Trawl Fishery 

The Atlantic shellfish bottom trawl 

fishery (estimated >58 vessels/persons) 

encompasses the calico scallop trawl, 

crab trawl, Georgia/South Carolina/

Maryland whelk trawl, Gulf of Maine/

Mid-Atlantic sea scallop trawl, and Gulf 

of Maine northern shrimp trawl (71 FR 

2006, January 4, 2006). This fishery 

extends from Maine through Florida. 

The fishery is managed through Federal 

and interstate fishery management plans 

(FMPs). 

This fishery is classified as Category 

III on the MMPA LOF; however, 

portions of the fishery have been 

observed at low levels under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) authority and by the Georgia 

Department of Natural Resources (GA 

DNR). Since 2010, under the authority 

of the MSA, and the AD, NMFS has 

observed trips in this fishery, including 

33 trips in 2010, 10 trips in 2011, 12 

trips in 2012, and 20 trips in 2013. 

Bottom trawl gear is known to interact 

with sea turtles. However, as noted 

above, this fishery is currently observed 

under MSA authority. In accordance 

with the criteria for listing a fishery on 

the AD, described above, NMFS is not 

proposing this fishery for inclusion in 

the 2015 AD because NMFS does not 

intend to monitor the fishery beyond the 

existing coverage. 

Mid-Atlantic Bottom Trawl Fishery 

Bottom otter trawl nets include a 

variety of net types, including flynets, 

which are high profile trawls. The MidAtlantic bottom trawl fishery includes 

both the Mid-Atlantic bottom trawl 

fishery and the Mid-Atlantic flynet 

fishery as defined on the LOF. 

The Mid-Atlantic bottom trawl fishery 

(631 vessels/persons), uses bottom trawl 


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gear to target species including, but not 

limited to, bluefish, croaker, monkfish, 

summer flounder (fluke), winter 

flounder, silver hake (whiting), spiny 

dogfish, smooth dogfish, scup, and 

black sea bass. The fishery occurs yearround from Cape Cod, Massachusetts, to 

Cape Hatteras, North Carolina, in waters 

west of 72°30′ W. long. and north of a 

line extending due east from the North 

Carolina/South Carolina border. The 

gear is managed by several state and 

Federal FMPs. 

The Mid-Atlantic bottom trawl fishery 

and the Mid-Atlantic flynet fishery are 

currently classified as Category II on the 

MMPA LOF, which authorizes NMFS to 

observe these fisheries for marine 

mammal interactions, and to collect 

information on sea turtles should a take 

occur on an observed trip. These 

fisheries are also observed through MSA 

authority. Between 2007–2011, 

estimated observer coverage year-round 

in this fishery was 3%, 3%, 5%, 6%, 

and 8%, respectively, as reported in 

NOAA Technical Memorandum NMFS– 

NE–228, the U.S. Atlantic and Gulf of 

Mexico Marine Mammal Stock 

Assessments—2013. 

Bottom trawl gear is known to interact 

with sea turtles. However, as noted 

above, components of this fishery are 

currently observed under MSA and 

MMPA authority. In accordance with 

the criteria for listing a fishery on the 

AD, described above, NMFS is not 

proposing this fishery for inclusion in 

the 2015 AD because NMFS does not 

intend to monitor the fishery beyond the 

existing coverage. 

Mid-Atlantic Mid-Water Trawl 

(Including Pair Trawl) Fishery 

The Mid-Atlantic mid-water trawl 

fishery (estimated 322 vessels/persons) 

primarily targets Atlantic mackerel, 

chub mackerel, and miscellaneous other 

pelagic species. This fishery consists of 

both single and pair trawls, which are 

designed, capable, or used to fish for 

pelagic species with no portion of the 

gear designed to be operated in contact 

with the bottom. The fishery for Atlantic 

mackerel occurs primarily from 

southern New England through the MidAtlantic from January to March and in 

the Gulf of Maine during the summer 

and fall (May to December). 

The Mid-Atlantic mid-water trawl 

fishery is currently 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. During 

2007–2011, estimated observer coverage 

year-round in this fishery was 3.9%, 

13%, 13%, 25%, and 41% respectively, 

as reported in NOAA Technical 

Memorandum NMFS–NE–228, the U.S. 

Atlantic and Gulf of Mexico Marine 

Mammal Stock Assessments—2013. 

Trawl gear is known to interact with sea 

turtles. However, as noted above, this 

fishery is currently observed under 

MSA and MMPA authority. In 

accordance with the criteria for listing a 

fishery on the AD, described above, 

NMFS is not proposing this fishery for 

inclusion in the 2015 AD because NMFS 

does not intend to monitor the fishery 

beyond the existing coverage. 

Mid-Atlantic Gillnet Fishery 

The Mid-Atlantic gillnet fishery 

(estimated 5,509 vessels/persons) targets 

monkfish, spiny dogfish, smooth 

dogfish, bluefish, weakfish, menhaden, 

spot, croaker, striped bass, large and 

small coastal sharks, Spanish mackerel, 

king mackerel, American shad, black 

drum, skate spp., yellow perch, white 

perch, herring, scup, kingfish, spotted 

seatrout, and butterfish. The fishery 

uses drift and sink gillnets, including 

nets set in a sink, stab, set, strike, or 

drift fashion, with some unanchored 

drift or sink nets used to target specific 

species. The dominant material is 

monofilament twine with stretched 

mesh sizes from 2.5–12 in. (6.4–30.5 

cm), and string lengths from 150–8,400 

ft. (46–2,560 m). This fishery operates 

year-round west of a line drawn at 

72°30′ W. long. south to 36°33.03′ N. lat. 

and east to the eastern edge of the EEZ 

and north of the North Carolina/South 

Carolina border, not including waters 

where inshore gillnet fisheries (i.e., 

Chesapeake Bay, North Carolina, Long 

Island Sound inshore gillnet fisheries) 

operate in bays, estuaries, and rivers. 

This fishery includes any residual large 

pelagic driftnet effort in the MidAtlantic and any shark and dogfish 

gillnet effort in the Mid-Atlantic zone 

described. The fishing occurs right off 

the beach (6 ft. [1.8 m]) or in nearshore 

coastal waters to offshore waters (250 ft. 

[76 m]). 

Gear in this fishery is managed by 

several Federal FMPs and Interstate 

FMPs managed by the Atlantic States 

Marine Fisheries Commission (ASMFC). 

These fisheries are primarily managed 

by total allowable catch (TAC); 

individual trip limits (quotas); effort 

caps (limited number of days at sea per 

vessel); time and area closures; and gear 

restrictions and modifications. 

This fishery is classified as Category 

I on the MMPA LOF, which authorizes 

NMFS to observe this fishery in state 

and Federal waters for marine mammal 

interactions and to collect information 

on sea turtles should a take occur on an 

observed trip. During 2007–2011, 

estimated observer coverage year-round 

in this fishery was 6%, 3%, 3%, 4%, 

and 2% respectively, as reported in 

NOAA Technical Memorandum NMFS– 

NE–228, the U.S. Atlantic and Gulf of 

Mexico Marine Mammal Stock 

Assessments—2013. 

Gillnet gear is known to interact with 

sea turtles. However, as noted above, 

this fishery is currently observed under 

MSA and MMPA authority. In 

accordance with the criteria for listing a 

fishery on the AD, described above, 

NMFS is not proposing this fishery for 

inclusion in the 2015 AD because NMFS 

does not intend to monitor the fishery 

beyond the existing coverage. 

Northeast Sink Gillnet Fishery 

The Northeast sink gillnet fishery 

(estimated 4,375 vessels/persons) targets 

Atlantic cod, haddock, pollock, 

yellowtail flounder, winter flounder, 

witch flounder, American plaice, 

windowpane flounder, spiny dogfish, 

monkfish, silver hake, red hake, white 

hake, ocean pout, skate spp, mackerel, 

redfish, and shad. This fishery uses sink 

gillnet gear, which is anchored gillnet 

(bottom-tending net) gear fished in the 

lower one-third of the water column. 

The dominant material is monofilament 

twine with stretched mesh sizes from 6– 

12 in (15–30.5 cm) and string lengths 

from 600–10,500 ft. (183–3,200 m), 

depending on the target species. Large 

mesh (10–14 in [25–35.6 cm]) sink 

gillnets, either tied down or set upright 

without floats using a polyfoam core 

floatline, are used when targeting 

monkfish. The fishery operates from the 

U.S.-Canada border to Long Island, New 

York, at 72°30′ W. long. south to 

36°33.03′ N. lat. (corresponding with the 

Virginia/North Carolina border) and east 

to the eastern edge of the EEZ, including 

the Gulf of Maine, Georges Bank, and 

Southern New England, and excluding 

Long Island Sound or other waters 

where gillnet fisheries are classified as 

Category III on the MMPA LOF. Fishing 

effort occurs year-round, peaking from 

May to July primarily on continental 

shelf regions in depths from 30–750 ft. 

(9–228.6 m), with some nets deeper than 

800 ft. (244 m). 

Several interstate and Federal FMPs 

manage this fishery. In addition, the 

Atlantic Large Whale Take Reduction 

Plan and the Harbor Porpoise Take 

Reduction Plan manage the fishery to 

reduce the risk of entanglement of right, 

humpback, and fin whales, and harbor 

porpoises, respectively. The fishery is 

primarily managed through TAC limits; 

individual trip limits (quotas); effort 

caps (limited number of days at sea per 

vessel); time and area closures; and gear 

restrictions. 


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This fishery is classified as Category 

I on the MMPA LOF, which authorizes 

NMFS to observe this fishery in state 

and Federal waters for marine mammal 

interactions and to collect information 

on sea turtles should a take occur on an 

observed trip. During 2007–2011, 

estimated observer coverage year-round 

in this fishery was 7%, 5%, 4%, 17%, 

and 19% respectively, as reported in 

NOAA Technical Memorandum NMFS– 

NE–228, the U.S. Atlantic and Gulf of 

Mexico Marine Mammal Stock 

Assessments—2013. 

Gillnet gear is known to interact with 

sea turtles. However, as noted above, 

this fishery is currently observed under 

MSA and MMPA authority. In 

accordance with the criteria for listing a 

fishery on the AD, described above, 

NMFS is not proposing this fishery for 

inclusion in the 2015 AD because NMFS 

does not intend to monitor the fishery 

beyond the existing coverage. 

Southeast Atlantic Gillnet Fishery 

The Southeast Atlantic gillnet fishery 

(estimated 357 vessels/persons) targets 

finfish, including king mackerel, 

Spanish mackerel, whiting, bluefish, 

pompano, spot, croaker, little tunny, 

bonita, jack crevalle, cobia, and striped 

mullet. This fishery does not include 

gillnet effort targeting sharks as part of 

the Southeastern U.S. Atlantic shark 

gillnet fishery. This fishery uses gillnets 

set in sink, stab, set, or strike fashion. 

The fishery operates in waters south of 

a line extending due east from the North 

Carolina-South Carolina border and 

south and east of the fishery 

management council demarcation line 

between the Atlantic Ocean and the 

Gulf of Mexico. The majority of fishing 

effort occurs in Federal waters since 

South Carolina, Georgia, and Florida 

prohibit the use of gillnets, with limited 

exceptions, in state waters. 

Fishing for king mackerel, Spanish 

mackerel, cobia, cero, and little tunny in 

Federal waters is managed under the 

Coastal Migratory Pelagic Resources 

FMP. None of the other target species 

are Federally-managed under the MSA. 

In state waters, state and ASMFC 

Interstate FMPs apply. 

This fishery is classified as Category 

II on the MMPA LOF, which authorizes 

NMFS to observe this fishery in state 

and federal waters for marine mammal 

interactions, and to collect information 

on sea turtles should a take occur on an 

observed trip. NMFS has previously 

observed this fishery at moderate levels, 

primarily focused on target catch and 

bycatch species other than sea turtles. 

No observer coverage has been achieved 

since this fishery was listed on the 2010 

AD. NMFS is not proposing this fishery 

for inclusion in the 2015 AD as NMFS 

does not intend to monitor this fishery 

specifically for sea turtles at this time. 

Virginia Pound Net Fishery 

The Virginia pound net fishery 

(estimated 67 vessels/persons) targets 

species, including croaker, menhaden, 

striped bass, and spot, using stationary 

gear in nearshore Virginia waters, 

primarily in the Chesapeake Bay and its 

tributaries. Pound net gear includes a 

leader posted perpendicular to the 

shoreline and extending outward, which 

funnels the fish into the pound, where 

the catch accumulates. This fishery 

includes all pound net effort in Virginia 

State waters, including waters inside the 

Chesapeake Bay. The fishery is managed 

under Interstate FMPs for Atlantic 

croaker and spot. 

The Virginia pound net fishery is 

currently 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. Loggerhead, Kemp’s 

ridley, leatherback, and green turtles 

have been observed taken in this 

fishery. The Northeast Fisheries 

Observer Program conducted 

monitoring in this fishery in 2009 from 

August 23 to October 4 and in 2010 

from mid-May to early August. 

NMFS currently requires the use of a 

modified pound net leader in certain 

areas of the Chesapeake Bay to reduce 

entanglements of sea turtles in this gear 

type (71 FR 36024, June 23, 2006). This 

fishery operates at the same time as 

historically elevated sea turtle 

strandings. 

On April 17, 2014, NMFS published 

a proposed rule (79 FR 21695) to amend 

the Bottlenose Dolphin Take Reduction 

Plan (BDTRP) and its implementing 

regulations under the Marine Mammal 

Protection Act (MMPA). The BDTRP 

rule proposes the year-round use of 

modified pound net leaders for offshore 

Virginia pound nets in specified waters 

of the lower mainstem Chesapeake Bay 

and coastal state waters. Virginia pound 

net-related definitions, gear 

prohibitions, and non-regulatory 

measures are also proposed. Both 

regulatory and non-regulatory measures 

proposed in that rule are based on the 

Bottlenose Dolphin Take Reduction 

Team’s consensus recommendations. 

The implementation of this final 

regulation would benefit sea turtles. 

While the Virginia pound net fishery 

remains a concern for sea turtle 

incidental take, NMFS is not proposing 

its inclusion on the 2015 AD because 

NMFS does not intend to monitor the 

fishery at this time. Existing regulations 

to address sea turtle mortality in the 

pound net leaders and proposed 

regulations to address bottlenose 

dolphin mortality in pound net leaders 

provide benefit to sea turtles. Further, 

most of the takes that occur in the 

pound are live turtles that are released 

uninjured and, when observed, an 

alternative platform is used. 

U.S. Mid-Atlantic Mixed Species Stop 

Seine/Weir/Pound Net (Except the 

North Carolina Roe Mullet Stop Net) 

Fishery 

The Mid-Atlantic mixed species stop 

seine/weir/pound net fishery (unknown 

number of vessels/persons) targets 

several species, including, but not 

limited to, weakfish, striped bass, shark, 

catfish, menhaden, flounder, gizzard 

shad, and white perch. The fishery uses 

fixed or staked net gear (pound net, 

weir, staked trap) from Nantucket 

Sound to Chesapeake Bay (60 FR 31681, 

June 16, 1995); the Virginia pound net 

and the North Carolina roe mullet stop 

net fisheries are not included as part of 

this fishery. 

This fishery is classified as Category 

III on the MMPA LOF and was listed on 

the 2010 AD, but it has never been 

observed. As discussed above, this gear 

type is known to interact with sea 

turtles, however, NMFS does not intend 

to monitor the fishery at this time and 

is not proposing this fishery for 

inclusion in the 2015 AD. 

Implementation of Observer Coverage 

in a Fishery Listed in the 2015 AD 

As part of the proposed 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 a final AD, 

a 30-day delay in 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, and/or observer 

program. During the program design, 

NMFS will be guided by the following 


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standards 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 

(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 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 

required to take an observer under 50 

CFR 222.404. In any case, 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 

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 a different authority 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 

Atlantic Ocean and Gulf of Mexico 

Sea turtle species found in waters of 

the Atlantic Ocean and Gulf of Mexico 

include green, hawksbill, Kemp’s ridley, 

leatherback, and loggerhead turtles. The 

waters off the U.S. east coast and Gulf 

of Mexico provide important foraging, 

breeding, and migrating habitat for these 

species. Further, the southeastern 

United States, from North Carolina 

through the Florida Gulf coast, is a 

major sea turtle nesting area for 

loggerhead, leatherback, and green 

turtles, and, to a lesser extent, Kemp’s 

ridley and hawksbill turtles. 

Four species—green, Kemp’s ridley, 

leatherback, and loggerhead turtles— 

occur seasonally in New England and 

Mid-Atlantic continental shelf waters 

north of Cape Hatteras, North Carolina. 

The occurrence of these species in these 

waters is largely temperature 

dependent. In general, some turtles 

move up the coast from southern 

wintering areas as water temperatures 

warm in the spring. The trend is 

reversed in the fall as water 

temperatures decrease. By December, 

turtles that migrated northward have 

returned to more southern waters for the 

winter. Hard-shelled species are most 

commonly found south of Cape Cod, 

Massachusetts. Leatherbacks are 

regularly found as far north in U.S. 

waters as the Gulf of Maine in the 

summer and fall. 

Green turtles are found in inshore and 

nearshore waters from Texas to 

Massachusetts, the U.S. Virgin Islands, 

and Puerto Rico. While foraging and 

developmental habitats also occur in the 

wider Caribbean, important feeding 

areas in Florida include the Indian River 

Lagoon, the Florida Keys, Florida Bay, 

Homosassa, Crystal River, Cedar Key, 

and St. Joseph Bay. The bays and 

sounds of North Carolina also provide 

important foraging habitat for green 

turtles. 

In the Atlantic, hawksbills are most 

common in Puerto Rico and its 

associated islands and in the U.S. Virgin 

Islands. In the continental United 

States, the species is primarily recorded 

from south Texas and south Florida and 

infrequently from the remaining Gulf 

states and north of Florida. Kemp’s 

ridleys are distributed throughout 

waters of the Gulf of Mexico and U.S. 

Atlantic coast from Florida to New 

England. The major nesting area for 

Kemp’s ridleys is in Tamaulipas, 

Mexico, with limited nesting extending 

to the Texas coast. 

Loggerheads occur throughout the 

Atlantic and Gulf of Mexico, ranging 

from inshore shallow water habitats to 

deeper oceanic waters. The largest 

nesting assemblage of loggerheads in the 

world is found in the southeastern 

United States. 

Adult leatherbacks are capable of 

tolerating a wide range of water 

temperature, and have been sighted 

along the entire continental coast of the 

United States as far north as the Gulf of 

Maine and south to Puerto Rico, the 

U.S. Virgin Islands, and into the Gulf of 

Mexico. The southeast coast of Florida 

represents a small, but growing, nesting 

area for leatherbacks in the western 

North Atlantic. 

U.S. Pacific Ocean 

Leatherback sea turtles are found 

consistently off the U.S. west coast, 

usually north of Point Conception, 

California. They are known to migrate to 

central and northern California from 

their natal beaches in the Western 

Pacific to feed on jellyfish during 

summer and fall. Leatherback turtles 

usually appear in Monterey Bay and 

California coastal waters during August 

and September and move offshore in 

October and November. Other observed 

areas of summer leatherback 

concentration include northern 

California and the waters off 

Washington through northern Oregon, 

offshore from the Columbia River 

plume. 

Green, loggerhead, and olive ridley 

sea turtles are rarely observed in the 

west coast EEZ, but records show that 

all species have stranded in California 

and the Pacific Northwest. Two small 

resident populations of green turtles 

have been identified in the southern 

California Bight, associated historically 

with the warm water outflows from 

power plants in San Diego Bay and the 

San Gabriel River in Long Beach, 

California. In the eastern Pacific, 

loggerheads have been reported as far 

north as Alaska and as far south as 

Chile. Occasional sightings are reported 

from the coasts of Washington and 

Oregon, but most records are of 

juveniles off the coast of California. 

Based upon limited observer records, 

loggerheads travel into the southern 

California Bight during El Nin ̃ o events 

(or warm water conditions similar to an 

El Nin ̃ o). The majority of fishery 

interactions with loggerheads during El 

Nin ̃ o conditions have occurred during 

the summer. Olive ridleys have been 

recorded stranded all along the U.S. 

west coast. Olive ridleys are believed to 

use warm water currents along the west 

coast for foraging. The specific 

distribution of olive ridleys along the 

U.S. west coast is unknown at this time. 

Sea turtles occur throughout the 

Pacific Islands Region including the 


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State of Hawaii and the U.S. territories 

of Guam, American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands (CNMI). Green and hawksbill 

turtles are most common in nearshore 

waters while leatherbacks, loggerheads, 

and olive ridleys occur in offshore 

pelagic waters. Stock structure and 

population dynamics for some species 

in this region are poorly understood. 

Sea Turtle Strandings 

NMFS reviewed data collected by the 

Sea Turtle Stranding and Salvage 

Network (STSSN) to identify stranding 

trends and inform development of this 

proposed rule. The STSSN along the 

U.S. Atlantic and Gulf of Mexico coasts 

has documented strandings of six 

species: Loggerhead, Kemp’s ridley, 

green, leatherback, hawksbill, and olive 

ridley turtles, with loggerheads 

consistently representing the highest 

number of strandings. The Southeast 

United States consistently records the 

highest level of strandings during any 

given month, each year. Loggerhead sea 

turtles represent the highest number of 

annual strandings, followed by Kemp’s 

ridley. Since 2010, the number of sea 

turtle strandings reported in the 

Northern Gulf of Mexico has increased, 

with Kemp’s ridley strandings occurring 

in the highest numbers. 

Based on the data reviewed, 

strandings have occurred in each month 

of the year, in the Northeast Atlantic, 

the Southeast Atlantic and the Gulf of 

Mexico; however, distinct trends are 

notable within each of these regions. In 

the Gulf and Southeast U.S. Atlantic 

regions, strandings consistently occur in 

every month of the year. In the Gulf 

region, the highest concentration of 

strandings occurs from March to July, 

with a notable peak in April and May. 

In the Southeast Atlantic region, the 

highest concentration of strandings 

occurs from March to November, with a 

notable peak in May and June. In the 

Northeast Atlantic region, strandings 

predominately occur between May and 

November of each year, with the highest 

concentration of strandings between 

June and September; strandings are 

uncommon in the winter and early 

spring. 

On the U.S. west coast, strandings are 

infrequent compared to the Atlantic and 

Gulf of Mexico coasts. This is primarily 

due to species abundance and 

distribution. The STSSN in California 

has documented strandings of five 

species: Green, leatherback, loggerhead, 

hawksbill, and olive ridley turtles. 

Strandings were documented in all 

months; data indicate a peak in 

strandings between July and October. 

Green turtles represent the highest 

number of strandings. 

In the Pacific Islands region, 

strandings occur throughout the year, 

primarily green turtles and secondarily 

hawksbills in Hawaii, Guam, American 

Samoa, and CNMI. In Oregon and 

Washington, very few strandings are 

reported. Historical records include a 

few green, loggerhead, and olive ridley 

strandings. 

Fisheries Proposed for Inclusion on the 

2015 Annual Determination 

NMFS is proposing to include 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 (78 FR 73477) was 

used as the comprehensive list of 

commercial fisheries to evaluate for 

inclusion on the AD. 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 4950 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 reported. 

Although subject to tow times, 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 

effort was shifted from otter trawls to 

the inshore skimmer trawl fishery in the 

northern Gulf of Mexico during the 

summers of 2012, 2013, and 2014. In 

2012, 119 sea days were observed in the 

skimmer fishery resulting in 24 sea 

turtles observations. In 2013, 145 sea 

days were observed, resulting in 8 sea 

turtle observations. To date in 2014, 10 

sea turtles have been observed in the 

skimmer trawl fishery. 

Continued observer coverage to 

understand the scope and impact of 

turtle takes 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 takes, and further 

sea turtle conservation and recovery. 


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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 proposes to again include 

this fishery pursuant to the criteria 

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

including a fishery in 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 proposes to include 

this fishery in the 2015 AD pursuant to 

the criteria identified at 50 CFR 

222.402(a)(1) for including a fishery in 

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 

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 proposes to 

include 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. 

NMFS proposes to again include this 

fishery pursuant to the criteria 

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

including a fishery in 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 percent, 

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. 

NMFS proposes to again include this 

fishery pursuant to the criteria 

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

including a fishery in 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 FMPs for Atlantic 

menhaden and Atlantic croaker. Gillnets 


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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. There has been limited 

observer coverage in this fishery since 

2010, with 12 observed trips in 2010, 1 

observed trip in 2011, and 3 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 proposes to again 

include 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 

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 proposes to again 

include 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 proposal 

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 

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 216 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, 1 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 

proposes to again include 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 proposes to 

include 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 

Region (GAR), formerly the Northeast 

Region, 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 and how 

to prevent or mitigate 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/ 


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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. Therefore, as funds allow, 

the GAR is planning to convene, within 

the next year, subject matter experts to 

discuss new technologies that may 

apply to observing and mitigating sea 

turtle interactions in trap/pot fisheries, 

including the potential to observe 

through an alternative platform (i.e. a 

second vessel) program. 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 proposes to again include relist 

all three pot/trap fisheries in the 2015 

AD. 

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. 

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 proposes to again 

include 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 

proposes to again include 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 2–3 percent 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 percent 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 proposes to again include 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; 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 

Mid-Atlantic 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 proposes 

to include again two of these fisheries: 

The Mid-Atlantic Haul/Beach Seine 

Fishery, Mid-Atlantic Menhaden Purse 

Seine Fishery, and add 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 2 hours. The 

fishery occurs in waters west of 72°30′ 

W. long. and north of a line extending 


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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 BDTRP 

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 proposes to again include 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/

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 9 trips observed in 2010, 

and 3 trips observed in 2012. NMFS 

proposes to again include 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 9 vessels/persons) is 

a small fishery that sets traps similar to 

a weir/pound net seasonally (May– 

October) 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 proposes to 

include 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 


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Classification 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

rule would not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis leading to the certification is set 

forth below. 

NMFS has estimated that 

approximately 32,540 vessels 

participating in the 14 fisheries listed in 

Table 1 would be eligible to carry an 

observer if requested. However, NMFS 

would only request a fraction of the 

total number of participants to carry an 

observer based on the sampling protocol 

identified for each fishery by regional 

observer programs. As noted throughout 

this proposed rule, NMFS would select 

vessels and focus coverage in times and 

areas where fishing effort overlaps with 

sea turtle distribution. Due to the 

unpredictability of fishing effort, NMFS 

cannot determine the specific number of 

vessels that would be requested to carry 

an observer. 

If a vessel is requested to carry an 

observer, fishers will not incur any 

direct economic costs associated with 

carrying that observer. Potential indirect 

costs to individual fishers required to 

take observers may include: Lost space 

on deck for catch, lost bunk space, and 

lost fishing time due to time needed to 

process bycatch data. For effective 

monitoring, however, observers will 

rotate among a limited number of 

vessels in a fishery at any given time, 

and each vessel within an observed 

fishery has an equal probability of being 

requested to accommodate an observer. 

Therefore, the potential indirect costs to 

individual fishers are expected to be 

minimal because observer coverage 

would only be required for a small 

percentage of an individual’s total 

annual fishing time. In addition, 50 CFR 

222.404(b) states that an observer will 

not be placed on a vessel if the facilities 

for quartering an observer or performing 

observer functions are inadequate or 

unsafe, thereby exempting vessels too 

small to accommodate an observer from 

this requirement. As a result of this 

certification, an initial regulatory 

flexibility analysis is not required and 

was not 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 proposed 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 

proposed rule would not make any 

significant change in the management of 

fisheries included on the AD, and 

therefore, this proposed 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 proposed rule 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 proposed 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 proposed 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 proposed 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: October 16, 2014. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–25154 Filed 10–21–14; 8:45 am] 

BILLING CODE 3510–22–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS