50 CFR 222.402 - Annual determination of fisheries to be observed; notice and comment.

§ 222.402 Annual determination of fisheries to be observed; notice and comment.

(a) The Assistant Administrator, in consultation with Regional Administrators and Science Center Directors, will make an annual determination identifying which fisheries the agency intends to observe. This determination will be 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.

(b) The Assistant Administrator shall publish the proposed determination and any final determination in the Federal Register. Public comment will be sought at the time of publication of the proposed determination. In addition, a written notification of the final determination will be sent to the address specified for the vessel in either the NMFS or state fishing permit application, or to the address specified for registration or documentation purposes, or such notification will be otherwise served on the owners or operator of the vessel. Additionally, NMFS will notify state agencies and provide notification through publication in local newspapers, radio broadcasts, and any other means as appropriate. The proposed and any final determinations will include, to the extent practicable, information on fishing sector, targeted gear type, target fishery, temporal and geographic scope of coverage, or other information, as appropriate.

(c) Fisheries listed on the most recent annual Marine Mammal Protection Act List of Fisheries in any given year, in accordance with 16 U.S.C. 1387, will serve as the comprehensive set of commercial fisheries to be considered for inclusion in the annual determination. Recreational fisheries may also be included in the annual determination.

(d) Publication of the proposed and final determinations should be coordinated to the extent possible with the annual Marine Mammal Protection Act List of Fisheries process as specified at 50 CFR 229.8.

(e) Inclusion of a fishery in a proposed or final determination does not constitute a conclusion by NMFS that those participating in the fishery are illegally taking sea turtles.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 742a - Declaration of policy

§ 742b - United States Fish and Wildlife Service

§ 742b-1 - Assistant Director for Wildlife and Sport Fish Restoration Programs

§ 742c - Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels or gear

§ 742c-1 - Investment in obligations of the United States; proceeds to be used for fisheries

§ 742d - Investigations; preparation and dissemination of information; reports

16 U.S. Code § 742d–1 - Studies of effects in use of chemicals

§ 742e - Transfer of functions to Secretary

§ 742f - Powers of Secretaries of the Interior and Commerce

§ 742f-1 - National Volunteer Coordination Program

§ 742g - Cooperation with State Department

§ 742h - Reports on fishery products

§ 742i - Effect on rights of States and international commissions

§ 742j - Authorization of appropriations

16 U.S. Code § 742j–1 - Airborne hunting

16 U.S. Code § 742j–2 - Uniform allowance

§ 742k - Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities

§ 742l - Enforcement authority for the protection of fish and wildlife resources

§ 742l-1 - Authority to use available law enforcement funds

§ 742m - Relinquishment of exclusive legislative jurisdiction

§ 743 - Repealed. Pub. L. 93–280, § 1(2), May 10, 1974, 88 Stat. 123

§ 743a - Detail of personnel and loan of equipment to Director of Bureau of Sport Fisheries and Wildlife

§ 744 - Investigations; fish propagation; investigations of damages by predacious fishes; executive assistance

§ 745 - Powers of Secretary

§ 746 - Vessels of Fish and Wildlife Service

§ 746a - Operation and maintenance fees for the M/V Tiglax and other vessels

§ 747 - Omitted

§ 748 - Expenditure of appropriations for propagation of food fishes

§ 749 - Omitted

§ 750 - Station on Mississippi River for rescue of fishes and propagation of mussels

§ 751 - Personnel

§ 752 - Omitted

§ 753 - Cooperative work

§ 753a - Cooperative research and training programs for fish and wildlife resources

§ 753b - Authorization of appropriations

§ 754 - Commutation of rations for officers and crews of vessels of Service

§ 754a - Appropriations for United States Fish and Wildlife Service; purchases from

§ 754b - Funds from private entities credited to Resource Management account

§ 754c - Work under reimbursable agreements; recording obligations and crediting amounts received

§ 754d - Fee schedule for forensic laboratory services

§ 754e - Funds for contaminant sample analyses

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

Title 50 published on 09-Jun-2018 05:25

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR Part 222 after this date.

  • 2018-05-10; vol. 83 # 91 - Thursday, May 10, 2018
    1. 83 FR 21738 - 2018 Annual Determination To Implement the Sea Turtle Observer Requirement
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule.
      Effective June 9, 2018.
      50 CFR Part 222
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