Sea Turtle Observer Requirement Annual Determination

Purpose

We annually identify, per the Endangered Species Act (ESA), commercial or recreational fisheries operating in state and/or Federal waters in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean that would be required to take sea turtle observers upon our request in order to:

• learn more about sea turtle interactions in the fishery
• evaluate existing measures to reduce or prevent prohibited sea turtle "takes" 
• determine whether additional measures may be necessary to prevent sea turtle takes 

The fisheries identified through the Annual Determination process will be required to carry sea turtle observers upon our request for a 5-year period. At the end of a 5-year period they may be relisted.

Fisheries Currently Listed on the Annual Determination

The Final 2021 Annual Determination published on September 29, 2020 and did not identify any additional fisheries for 2021.

The 2020 Annual Determination published on August 31, 2020 (85 FR 53684) and listed four fisheries that are required to take fisheries observers upon NOAA Fisheries’ request for a five-year period, until September 2025.

We listed two fisheries on the 2018 Annual Determination (83 FR 21738, May 10, 2018) that are required to take fisheries observers upon NOAA Fisheries’ request for a five-year period, until December 2022.

Previous Annual Determinations 

• 2020 Proposed Rule (85 FR 3880; January 23, 2020)
• 2019 Notice - no additional fisheries identified (83 FR 63483, December 10, 2018)
• 2018 Final Rule (83 FR 21738, May 10, 2018)
• 2018 Proposed Rule (82 FR 48674, October 19, 2017)
• 2017 Notice -  no additional fisheries identified (81 FR 903330, December 14, 2016)
• 2016 Notice - no additional fisheries identified (80 FR 80323, December 24, 2015)
• 2015 Final Rule (80 FR 14319, March 19, 2015)
• 2015 Proposed Rule (79 FR 63066, October 22, 2014)
• 2014 Notice - no additional fisheries identified (78 FR 77428, December 23, 2013)
• 2013 Notice - no additional fisheries identified (77 FR 75999, December 26, 2012) 
• 2012 Notice - no additional fisheries identified (77 FR 474, January 5, 2012)
• 2011 Notice - no additional fisheries identified (75 FR 81201, December 27, 2010)
• 2010 Final Rule (75 FR 27649, May 18, 2010)
• 2010 Proposed Rule (74 FR 59508, November 18, 2009)

Process for Developing an Annual Determination

We consult with state partners to identify which commercial and recreational fisheries should be considered for inclusion on the Annual Determination.  We then develop a proposed determination, which is published in the Federal Register and is available for public comment for 30 days.  After considering all public comments, we publish a final Annual Determination.

We identify fisheries in the determination using the best available scientific, commercial, or other information regarding:

• sea turtle-fishery interactions
• sea turtle distribution
• sea turtle strandings
• fishing techniques, gears used, target species, seasons and areas fished
• qualitative data from logbooks or fisher reports

Specifically, this determination is based on the extent to which:

• the fishery operates in the same waters and at the same time as sea turtles are present
• the fishery operates at the same time or prior to elevated sea turtle strandings
• 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
• NOAA Fisheries intends to monitor the fishery and anticipates that it will have the funds to do so

We use the most recent version of the 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. However, the classification scheme used (categories based on marine mammal interaction) in the LOF is not applicable to this determination process.

Implementing Observer Coverage in the Listed Fisheries

The design of any observer program, including how observers are allocated to individual vessels, varies among:

• fisheries
• fishing sectors
• gear types
• geographic regions

The individual NOAA Fisheries Regional Office, Science Center, or observer program ultimately determines the program design. During the program design, we are guided by the following standards when determining observer distribution among identified fisheries and the placement of observers on vessels in those fisheries:

• obtain the best available scientific information
• assign observers fairly and equitably among fisheries and among vessels in a fishery
• subject no individual person or vessel, or group of persons or vessels, to inappropriate, excessive observer coverage
• minimize costs and avoid duplication, where practical

Fisheries not included on the determination may still be observed under a different authority than the ESA (for example, Marine Mammal Protection Act (MMPA) or Magnuson-Stevens Act (MSA)).

Additional information on observer programs in commercial fisheries can be found on NOAA Fisheries'  Fishery Observer Program website, including links to individual regional observer programs.