[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR222.402]

[Page 134-135]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--Table of
 
                     Subpart D_Observer Requirement
 
Sec. 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

[[Page 135]]

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.