[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Rules and Regulations]
[Pages 15512-15520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7235]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 950309069-5069-01; I.D. 060694A]
RIN 0648-AG71
Sea Turtle Conservation; Restrictions Applicable to Shrimp
Trawling Activities; Flotation Device Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to require shrimp trawlers using
Turtle Excluder Devices (TEDs) in the Gulf and Atlantic Areas to attach
specified flotation devices to hard TEDs or special hard TEDs with
bottom escape openings. This action is necessary to improve the ability
of bottom-opening, hard TEDs, and special hard TEDs to safely exclude
sea turtles. In addition, NMFS is making technical amendments to the
sea turtle conservation regulations to expand TED configuration options
or to clarify gear descriptions, thereby reducing the chances of
incidental capture and mortality of endangered and threatened sea
turtles.
EFFECTIVE DATE: This rule is effective March 31, 1995, except for
Sec. 227.72(e)(4)(i)(I)(2)(ii), which contains information collection
requirements that have not yet been approved by the Office of
Management and Budget (OMB). Once OMB approves these requirements, a
document will be published in the Federal Register announcing the
effective date.
ADDRESSES: Requests for a copy of the environmental assessment (EA)
prepared for this action, and comments on this action, should be
addressed to the Office of Protected Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, Chief, Protected
Species Management Branch, NMFS, Southeast Region (813/570-5312), or
Barbara Schroeder, Acting National Sea Turtle Coordinator, NMFS Office
of Protected Resources (301/713-1401).
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S. waters are listed as either
endangered or [[Page 15513]] threatened under the Endangered Species
Act of 1973 (ESA). The Kemp's ridley (Lepidochelys kempii), leatherback
(Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) are
listed as endangered. Loggerhead (Caretta caretta) and green (Chelonia
mydas) turtles are listed as threatened, except for breeding
populations of green turtles in Florida and on the Pacific coast of
Mexico, which are listed as endangered.
The incidental take and mortality of these species, as a result of
shrimp trawling activities, have been documented in the Gulf of Mexico
and along the Atlantic seaboard. Under the ESA and its implementing
regulations, taking sea turtles is prohibited, with exceptions
identified in 50 CFR 227.72. Existing sea turtle conservation
regulations (50 CFR part 227, subpart D) require most shrimp trawlers
operating in the Gulf and Atlantic areas to have a NMFS-approved TED
installed in each net rigged for fishing, year round. The required use
of TEDs has significantly reduced shrimp trawler related mortalities of
sea turtles.
NMFS regulations also set forth criteria for allowable
modifications to NMFS-approved TEDs including the use of flotation
devices. Under 50 CFR 227.72(e)(4)(iv)(A), floats may be attached to
TEDs only if they are attached to the outside of the net or inside the
net behind the rear surface, at the top of the TED. They may not be
attached to a flap. In previous TED certification tests, bottom-
opening, single-grid TEDs were tested with flotation. However, because
it was not previously evident to NMFS gear specialists that the lack of
flotation on bottom-opening TEDs may prevent turtle release if used in
certain ways, flotation was not required.
Interim Final Rule
NMFS issued an interim final rule, with a request for comments,
requiring the use of floats on bottom-opening single-grid TEDs (59 FR
33447, June 29, 1994). NMFS issued an interim final rule because
delaying issuance of a flotation requirement to provide prior notice
and an opportunity for public comment would likely result in lethal
takings of endangered and threatened sea turtles. As discussed in the
interim rule, there is information that the lack of flotation on
bottom-opening hard TEDs is likely preventing sea turtles from safely
exiting the trawls. For the same reasons, the interim rule was made
effective with only a 14-day delay in effective date rather than the
normal 30-day delay.
Comments and Responses on the Interim Final Rule
NMFS received numerous comments on the interim final rule, both
from participants in meetings with NMFS personnel and by letter. NMFS
reviewed all the comments and combined them under general categories
provided below.
Comment: Although the implementation of the flotation requirement
alone did not appear to substantially reduce turtle mortalities in the
Gulf of Mexico during the summer of 1994, the use of floats should
still be required because less experienced shrimp vessel operators may
drag their nets on the bottom, resulting in sea turtle capture as well
as unnecessary damage to trawl nets.
Response: NMFS agrees. The combination of the flotation requirement
with heightened enforcement efforts during the periods of high sea
turtle strandings in the Gulf of Mexico resulted in significant
reductions in sea turtle mortalities during the summer of 1994. Thus,
with some alterations to the flotation specifications, NMFS is making
the flotation requirement a permanent addition to the TED regulations.
Comment: The delayed implementation of the interim final rule was
shortened from the normal 30-day period to 14 days. This short period
did not provide shrimpers with sufficient time to comply with flotation
requirement.
Response: The Administrative Procedure Act (APA) provides that the
publication of a rule shall be made not less than 30 days before its
effective date, except as otherwise provided by the agency for good
cause found and published with the rule (see 5 U.S.C. 553(d)). In this
case, NMFS determined that good cause existed to reduce the delayed
effective date from 30 days to 14 days because delayed implementation
of the flotation requirement would have likely resulted in lethal
takings of endangered and threatened sea turtles. In addition, NMFS
gear experts noted that most shrimpers already possessed the
inexpensive floats required. Finally, notice of the flotation
requirement was informally given weeks before the effective date of the
rule when NMFS staff met with members of the shrimping industry and
media to request voluntary compliance with the flotation requirement.
Comment: Required use of floats will cause nets to twist. Twisted
nets could result in lost catch and possible entanglement of sea
turtles.
Response: NMFS gear experts met and traveled with members of the
shrimp fishery who reported twisted nets resulting from floats on the
TEDs. NMFS gear experts have noted that a net that is set with a twist
in it is unlikely to untwist itself during the course of fishing, if
floats are attached. Conversely, a properly set net with floats on the
TED will not become twisted. In thousands of hours of TED testing, NMFS
has never experienced a problem with twisting TEDs. NMFS believes that
if proper care is taken when setting nets with TEDs with floats, net
twisting can be prevented.
Comment: The requirement to use two polyvinyl chloride (PVC) floats
on larger TEDs should not be applied to trawlers in shallow waters, as
too much flotation will cause the net to fish too far off the bottom,
resulting in lost catch.
Response: The interim final rule specified required flotation for a
single-grid TED with a circumference of 120 inches (304.8 cm) or more
to consist of a minimum of either one 9.8 inch (25.0 cm) diameter hard
plastic or aluminum float or two 6.75 inches (17.2 cm) by 8.75 inches
(22.2 cm) expanded PVC floats. Two PVC floats were required because PVC
becomes compressed in deep water and loses buoyancy. While two PVC
floats may provide excess flotation in shallow water, the same floats
will provide adequate buoyancy in deeper water to ensure the TED does
not drag on the bottom.
NMFS does not believe that this rule should be revised to create
different requirements in different water depths because water depth
requirements would be largely unenforceable. NMFS recommends that
trawlers working in shallow waters switch to aluminum or hard plastic
floats. In addition, the final rule provides options for shrimpers to
use marked floats that would match the buoyancy of the TED, so that the
problem of excessive flotation could be avoided. 50 CFR
227.72(e)(4)(i)(I)(2) allows shrimp fishermen to use floats of size and
in any combination so that the combined buoyancy of the floats equals
or exceeds that of the TED, as long as both the floats and TEDs have
proper markings indicating their weight or buoyancy.
Comment: Tongue trawls (bib-type trawls) with hard TEDs should be
exempt from the flotation requirement because the bib line on these
nets normally would keep the TED from dragging on the bottom. The use
of floats with this type of net would cause the net to fish off the
bottom, reducing the catch.
Response: NMFS agrees that extra flotation might cause a tongue
trawl to [[Page 15514]] fish too high when the center bridle line is
tight. However, there is no way to determine how the line is being
handled in the water: A slack center bridle line would allow the TED to
drag on the bottom. Enforcement officers would be unable to effectively
enforce any such exemption and ensure protection for sea turtles.
Consequently, NMFS does not believe that tongue trawls should be exempt
for the requirement to use floats.
Comment: Aluminum TEDs should be exempt from the flotation
requirement. TEDs made from hollow, welded aluminum tubing can be
positively buoyant, and light-weight aluminum rod constructions would
not need additional flotation.
Response: In a June 14, 1994 news release, NMFS requested that
shrimpers voluntarily attach flotation to bottom-opening hard TEDs,
except those constructed of aluminum tubing. NMFS made this request
prior to publication of the interim final rule, and at that time
believed that floats may not be necessary on aluminum TEDs. Further
investigation by NMFS gear experts, however, revealed that aluminum
single-grid TEDs also require supplemental flotation for proper
buoyancy.
While hollow tube TEDs can retain air, all welds must be
watertight. In the course of normal wear-and-tear, it is impossible to
ensure that the welds will be able to exclude water under high
hydrostatic pressure at fishing depths. The experience of NMFS
enforcement personnel is that hollow TEDs can and do flood under actual
use.
NMFS' experience with solid rod aluminum TEDs is that they, too,
need flotation to achieve neutral buoyancy. NMFS divers have filmed
solid aluminum single-grid TEDs dragging hard on the bottom when
insufficient flotation is used. Therefore, NMFS included aluminum TEDs
in the flotation requirement in both the interim final rule and this
final rule.
NMFS does recognize that the interim rule may have required too
much flotation on TEDs that are constructed of very light materials.
Likewise, too little flotation may have been required on TEDs that are
constructed of very heavy materials. To address that problem, this
final rule includes a provision for matching the buoyancy of the floats
to the weight of each TED.
Comment: The specifications in the interim rule, based on the
physical dimensions of the floats, do not allow for the use of floats
of different shapes and sizes or multiple, smaller floats whose
buoyancy may be equivalent. Fishermen who attempted to use other types
and combinations of floats were complying with the intent of the
regulation, but were not complying with the letter of the regulation.
Response: NMFS agrees that there are many possible combinations of
floats that would produce sufficient buoyancy to prevent TEDs from
dragging on the bottom, and trapping sea turtles. When the buoyancy of
each float can be easily determined, allowing the use of different
numbers and sizes of floats would provide much greater flexibility to
shrimpers in configuring their gear, based on their personal experience
and preference. Therefore, provisions for the use of various
combinations of floats of marked buoyancy have been incorporated in
this final rule at 50 CFR 227.72(e)(4)(i)(I)(3).
Comment: Expanded ethylene vinyl acetate (EVA) should be considered
as an alternative float material. Expanded EVA has the same
characteristics as expanded PVC.
Response: NMFS agrees that floats constructed of expanded EVA could
be used in place of expanded PVC. Provisions for the use of expanded
EVA floats have been incorporated in this final rule.
Final Rule and Changes From the Interim Final Rule
As a result of comments and recommendations received, the final
rule differs from the interim rule in several areas.
1. The interim final rule required flotation on only bottom-opening
single-grid hard TEDs because these TEDs are the ones most frequently
used and an need to rapidly address the emergency situation presented
by the strandings last spring. Bottom-opening hooped hard TEDs and
bottom-opening Jones TEDs which make up only a small portion of TEDs in
use, also have the same dragging problem. Therefore, the final rule
extends the flotation requirement to all bottom-opening hard and
special hard TEDs, including hooped hard TEDs and a single special hard
TED, the Jones TED.
2. The final rule allows for the use of floats constructed from
expanded EVA as an alternative to floats constructed from expanded PVC.
NMFS gear experts determined that the characteristics of expanded EVA
are substantially similar to expanded PVC. Allowance of this material
expands the options available to fishermen to comply with this rule.
3. The interim final rule specified required flotation solely on
the basis of the size of the floats and the circumference of the TED.
These measurements provide useful and enforceable approximations of the
buoyancy provided by the floats and the buoyancy required by the TED.
They do not, however, provide a means for exactly matching the weight
of the TED to the buoyancy, nor do they provide for the use of
equivalent amounts of flotation by floats that do not meet the size
specifications. The final rule provides three alternatives by which
shrimpers can comply with the requirement to use floats. These
alternatives address many of the comments expressed above and provide
for maximum flexibility for shrimp fishermen. The first alternative, 50
CFR 227.72(e)(4)(i)(I)(1), provides the same requirement as that of the
interim rule with respect to amount of flotation for TEDs with a
circumference of 120 inches or greater and for TEDs with a smaller
circumference.
The second alternative, 50 CFR 227.72(e)(4)(i)(I)(2), provides that
floats of any size and in any combination may be attached so that the
combined buoyancy of the floats equals or exceeds the weight of the TED
provided that the floats and TEDs are marked by the manufacturers with
their buoyancy and weight as specified in the regulation. NMFS has held
informal discussions with some TED and float manufacturers who
indicated that, while marked floats and TEDs are currently not
generally available, they could be produced without great difficulty.
NMFS believes that marked floats and TEDs will become more widely
available, as manufacturers respond to demand from fishermen for
labeled gear that will enable them to comply with this provision.
Furthermore, previously manufactured TEDs may be weight marked by
returning them to a registered manufacturer. By simply adding up the
flotation values of the floats used and comparing that value to the
imprinted weight of the TED, both fishermen and enforcement officials
can quickly and easily determine whether sufficient flotation is being
used to prevent bottom-opening TEDs from entrapping turtles. At the
same time, shrimpers can be assured that they are not using excess
flotation, which could result in handling difficulties or decreased
catches.
The third alternative, at 50 CFR 227.72(e)(4)(i)(I)(3), provides
for the use of floats of any size and in any combination, provided that
the floats are marked as required, to achieve a certain buoyancy based
on the circumference of the TED. This provision is established in order
to increase the flotation options available before weight-marked TEDs
become widely available in the industry. By allowing shrimpers to
select different sizes and combinations of floats based
[[Page 15515]] on their buoyancy, the final rule provides more
flexibility in customizing gear for optimum handling. As an example,
shrimpers may elect to use two smaller floats offset to the sides to
stabilize the TED rather than one large float.
Technical Amendments to TED Gear Descriptions
A number of technical amendments are made to the sea turtle
regulations to expand the options of shrimpers in configuring TEDs or
to clarify previous gear descriptions.
1. The maximum allowable grid angle for hard TEDs is increased from
50 deg. to 55 deg.. A TED's optimum grid angle, both for turtle
exclusion and shrimp retention, is 45 deg.. Following proper
installation of a single-grid hard TED or special hard TED in a new
net, regular break-in and stretching of the net will cause the grid to
sag, decreasing the grid angle by up to 10 deg.. Therefore, increasing
the maximum grid angle to 55 deg. allows TEDs to be installed in new
nets so that the optimum grid angle of 45 deg. will be achieved after
the net is broken in.
2. The requirements for escape openings on hard TEDs are clarified
to prevent the possibility of turtle entrapment. The original
requirements only specified an overall size for the escape opening.
With certain TEDs, however, an escape opening could be cut that matched
the regulatory specifications but that still left pockets of net
webbing at the bottom edge of the TED that could entangle and trap a
turtle. The technical amendment specifies the minimum amount of trawl
net webbing material that must be cut along the face of the TED grid,
though the existing requirements for minimum escape openings remain
unchanged. This will ensure that the escape opening is not restricted
at the face of the TED. The cut in the trawl webbing for the escape
opening cannot be narrower than the outside width of the grid minus 8
inches (20.4 cm). In other words, the width of the cut in the trawl
webbing along the face of the grid must extend on either side to within
4 inches (12.2 cm) of the maximum outside width of the grid. Figure 13
illustrates the dimensions for the cut.
3. The use of chafing webbing gear with bottom-opening TEDs,
previously an allowable modification for hard TEDs used only in the
summer flounder trawl fishery, is made an allowable modification for
hard TEDS used in all trawl fisheries in which TEDs are required.
Additionally, the materials which may be used and the method of
attachment of the webbing chafing gear are specified.
4. The use of door frames on the exiting openings of hooped hard
TEDs is no longer allowed. Continuing evaluation of TED technology by
NMFS revealed that the use of a metal frame door frame on hooped hard
TEDs may interfere with the release of small turtles. This change is
believed to be beneficial to sea turtles and to have a negligible
impact on fishermen. Doors on existing hooped hard TEDs can be easily
removed at the hinges or sawed off, and a webbing flap may be used to
cover the escape opening.
5. The method of attachment of the escape opening webbing flap is
clarified to state that the sides of the webbing flap may be attached
to the trawl webbing no farther back than the row of meshes which lies
6 inches (15.2 cm) behind the posterior edge of the grid. This
description is much clearer than the previous description, and is
therefore easier to comply with and enforce.
6. The requirements for the escape opening of the Taylor soft TED
are changed. The minimum width of the forward edge of the escape
opening is reduced from 96 inches (244 cm) to 72 inches (183.6 cm). The
initial certification testing of the Taylor TED was conducted on a TED
with the 72-inch (183.6-cm) forward edge, and that TED met NMFS
certification requirements. Therefore, the description of the Taylor
TED is changed to reflect the originally certified gear. Provisions
remain in the Taylor TED description, however, for increasing the
forward edge of the escape opening of the Taylor TED to 96 inches (244
cm) in order to permit the exclusion of leatherback turtles.
7. The method of attachment of an accelerator funnel forward of a
hard TED is clarified. A funnel may be inserted immediately forward of
the TED if its rear edge does not extend past the bars of the TED. The
leading edge of the funnel may be sewn to the trawl around its entire
circumference; the trailing edge of the funnel may be attached to the
TED along 1/3 of the circumference of the funnel, on the side opposite
the escape opening.
8. The description of the Andrews soft TED is changed to allow more
flexibility in the construction of the TED. The Andrews TED is
described as a webbing funnel within the trawl, and for the purposes of
the regulation, the bottom panel of the trawl net may be incorporated
as the bottom panel of the funnel. This change requires the bottom edge
of the side panels of the funnel to be sewn to the bottom panel of the
trawl, if the bottom panel of the trawl is being used as the bottom
panel of the funnel. Andrews TEDs constructed in this way should not
have any deleterious effect on turtles compared to full-funnel Andrews
TEDs, as the bottom panel of the trawl is a much smaller mesh size than
the TED itself, and would not likely entangle turtles.
In addition, the requirement is deleted that the rear edge of the
Andrews TED funnel extend to within 20 inches (50.8 cm) of the net
extension. This requirement did not reflect the originally certified
TED and made Andrews TEDs difficult to construct.
9. The use of roller gear with hard TEDs and special hard TEDs is
allowed. Rollers, constructed of hard plastic, attached beneath the TED
in a way that does not interfere with the TED escape opening, may
reduce the TED's dragging on the bottom and can reduce chafing and
damage to the TED and trawls. While roller gear may reduce chafing,
attachment of proper flotation to a TED is the most effective means to
control chafing on the TED and to ensure sea turtle escape from bottom-
opening TEDs.
10. The description of construction materials approved for use in
hard TEDs is clarified. If steel or aluminum tubing is used, the tubing
must have a minimum outside diameter of 1/2 inch (1.27 cm) and a
minimum wall thickness of 1/8 inch (0.32 cm). The previous description
specified a minimum inside diameter of 1/4 inch (0.64 cm) which would
result in excessively heavy TEDs if a larger outside diameter pipe was
used, which was not the intention of the original rule.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds that
good cause exists, under authority at 5 U.S.C. 553(b)(B), to waive the
requirement for prior notice and an opportunity for public comment on
those provisions of this rule described above as technical amendments
to TED gear descriptions. Such procedures are unnecessary because these
changes are minor, technical amendments to existing regulations.
With respect to the provisions of this final rule which implement
provisions of the interim final rule without change, no delay in
effective date is required. Regarding those provisions of the interim
final rule that have been changed by this final rule and those new
provisions of this final rule, described above as technical amendments
to TED gear descriptions, which have the effect [[Page 15516]] of
relieving restrictions on shrimpers, no delay in effective date is
required under 5 U.S.C. 553(d)(1). Concerning those provisions added by
this final rule requiring the use of flotation on hooped hard TEDs and
on the Jones TED, the AA finds for good cause, pursuant to 5 U.S.C.
553(d)(3), that it is unnecessary and contrary to the public interest
to delay for 30 days the effective date of these provisions because 30-
day delayed implementation of this requirement could result in
unnecessary lethal takings of endangered and threatened sea turtles and
most shrimpers already possess the necessary and inexpensive flotation
devices required and can install them quickly. The AA has determined
that 7-days delay in effective date will provide more than sufficient
time to come into compliance. Further, with respect to those provisions
of this rule described above as technical amendments to TED gear
descriptions which impose new requirements on shrimpers, such as no
longer allowing the use of door frames on hooped hard TEDs, the AA
finds good cause to waive the 30-day delay in effective date under 5
U.S.C. 553(d)(3) because the restrictions are very minor and can be
accomplished quickly and at little or no cost and that to delay their
implementation could cause unnecessary lethal takings of endangered or
threatened sea turtles. The AA has determined that a 7-day delay in
effective date will provide more than sufficient time to come into
compliance.
In the interest of uniformity with respect to implementation of the
provisions of this rule, NMFS has determined to make the entire rule
effective March 30, 1995, except for Sec. 227.72(e)(4)(i)(I)(2)(ii),
which contains information collection requirements that have not yet
been approved by OMB.
This rule contains a collection of information subject to the
Paperwork Reduction Act (PRA). This collection has been submitted to
OMB for approval. Upon approval, a notice of effectiveness will be
published in the Federal Register.
The AA prepared an EA for the final rule (57 FR 57348, December 4,
1992) requiring TED-use in shrimp trawls. A supplemental EA was
prepared for the interim final rule and another was prepared
specifically for this final rule, which concludes that this action will
have no significant impact on the human environment. A copy of the EA
is available (see ADDRESSES) and comments on it are requested.
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Incorporation
by reference, Marine mammals, Transportation.
Dated: March 17, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 227 is amended
as follows:
PART 227--THREATENED FISH AND WILDLIFE
1. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
2. In Sec. 227.72, paragraph (e)(4)(iii)(A)(2) is removed and
reserved; paragraph (e)(4)(iii)(E) is added; and paragraphs
(e)(4)(i)(A)(3), (e)(4)(i)(C), (e)(4)(i)(G)(1), (e)(4)(i)(G)(2)(i),
(e)(4)(i)(I), (e)(4)(ii)(A), (e)(4)(ii)(B), (e)(4)(iii)(C),
(e)(4)(iii)(D), and (e)(4)(iv) are revised to read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(4) * * *
(i) * * *
(A) * * *
(3) Steel or aluminum tubing with a minimum outside diameter of 1/2
inch (1.27 cm) and a minimum wall thickness of 1/8 inch (0.32 cm) (also
known as schedule 40 tubing).
* * * * *
(C) Angle of deflector bars. The angle of the deflector bars must
be between 30 deg. and 55 deg. from the normal, horizontal flow through
the interior of the trawl.
* * * * *
(G) * * *
(1) On a hooped hard TED, the escape opening must not be smaller
than 25 inches by 25 inches (63.5 cm by 63.5 cm) in the Gulf Area, or
30 inches by 30 inches (76.2 cm by 76.2 cm) in the Atlantic Area. A
door frame may not be used over the escape opening; however, a webbing
flap may be used as provided in paragraph (e)(4)(iv)(C) of this
section.
(2)(i) On a single-grid hard TED, the cut in the trawl webbing for
the escape opening cannot be narrower than the outside width of the
grid minus 4 inches (10.2 cm) on both sides of the grid, when measured
as a straight line width. (Figure 13 of this part illustrates the
dimensions of this cut.) The resulting escape opening in the net
webbing must measure at least 32 inches (81.3 cm) in horizontal taut
length and, simultaneously, 10 inches (25.4 cm) in vertical taut height
in the Gulf Area; or 35 inches (88.9 cm) in horizontal taut length and,
simultaneously, 12 inches (30.5 cm) in vertical taut height in the
Atlantic Area. The vertical measurement must be taken at the midpoint
of the horizontal measurement.
* * * * *
(I) Flotation. Floats must be attached to the top one-half of all
hard TEDs with bottom escape openings. The floats may be attached
either outside or inside the net, but not to a flap. Floats attached
inside the net must be behind the rear surface. Floats must be attached
with heavy twine or rope. Floats must be constructed of aluminum, hard
plastic, expanded polyvinyl chloride, or expanded ethylene vinyl
acetate unless otherwise specified. The requirements of this paragraph
may be satisfied by compliance with either the dimension requirements
of paragraph (e)(4)(i)(I)(1) of this section, or the buoyancy
requirements of paragraph (e)(4)(i)(I)(2) of this section, or the
buoyancy-dimension requirements of paragraph (e)(4)(i)(I)(3) of this
section. If roller gear is used pursuant to paragraph (e)(4)(iv)(E),
the roller gear must be included in the circumference measurement of
the TED or the total weight of the TED.
(1) Float dimension requirements. (i) For hard TEDs with a
circumference of 120 inches (304.8 cm) or more, a minimum of either one
round, aluminum or hard plastic float, no smaller than 9.8 inches (25.0
cm) in diameter, or two expanded polyvinyl chloride or expanded
ethylene vinyl acetate floats, each no smaller than 6.75 inches (17.2
cm) in diameter by 8.75 inches (22.2 cm) in length, must be attached.
(ii) For hard TEDs with a circumference of less than 120 inches
(304.8 cm), a minimum of either one round, aluminum or hard plastic
float, no smaller than 9.8 inches (25.0 cm) in diameter, or one
expanded polyvinyl chloride or expanded ethylene vinyl acetate float,
no smaller than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2
cm) in length, must be attached.
(2) Float buoyancy requirements. Floats of any size and in any
combination must be attached such that the combined buoyancy of the
floats, as marked on the floats, equals or exceeds the weight of the
hard TED, as marked on the TED. The buoyancy of the floats and the
weight of the TED must be clearly marked on the floats and the TED as
follows:
(i) Float buoyancy markings. Marking must be made in clearly
legible raised [[Page 15517]] or recessed lettering by the original
manufacturer. The marking must identify the buoyancy of the float in
water, expressed in grams or kilograms, and must include the metric
unit of measure. The marking may additionally include the buoyancy in
English units. The marking must identify the nominal buoyancy for the
manufactured float.
(ii) TED weight markings. The marking must be made by a registered
TED manufacturer and must be permanent and clearly legible and must be
accompanied by the identifying symbol of the registered manufacturer.
The marking must identify the in-air, dry weight of the TED, expressed
in grams or kilograms, and must include the metric unit of measure. The
marking may additionally include the weight in English units. The
marked weight must represent the actual weight of the individual TED as
manufactured. Previously manufactured TEDs may be marked upon return to
a registered TED manufacturer. Where a TED is comprised of multiple
detachable components, the weight of each component must be separately
marked. A TED manufacturer may become registered to mark TEDs by
requesting registration in writing from the NMFS Southeast Regional
Director. To request registration, the manufacturer should write to the
Director, Southeast Region, NMFS, 9721 Executive Center Dr. North, St.
Petersburg, FL 33702, and include the manufacturer's name, address, and
telephone number; the sizes, styles, and anticipated number of TEDs to
be produced annually; the method of marking; and a description of the
manufacturer's distinctive, identifying symbol. Upon receipt of a
complete request, the Director, Southeast Region, NMFS, will notify the
manufacturer in writing of their registration.
(3) Buoyancy-dimension requirements. Floats of any size and in any
combination, provided that they are marked pursuant to paragraph
(e)(4)(i)(I)(2)(i) of this section, must be attached such that the
combined buoyancy of the floats equals or exceeds the following values:
(i) For floats constructed of aluminum or hard plastic, regardless
of the size of the TED grid, the combined buoyancy must equal or exceed
14 lb (6.4 kg);
(ii) For floats constructed of expanded polyvinyl chloride or
expanded ethylene vinyl acetate, where the circumference of the TED is
120 inches (304.8 cm) or more, the combined buoyancy must equal or
exceed 20 lb (9.1 kg); or
(iii) For floats constructed of expanded polyvinyl chloride or
expanded ethylene vinyl acetate, where the circumference of the TED is
less than 120 inches (304.8 cm), the combined buoyancy must equal or
exceed 10 lb (4.5 kg).
(ii) * * *
(A) Flounder TED (Figure 10 of this part). The Flounder TED must be
constructed of at least 1 1/4 inch (3.2 cm) outside diameter aluminum
or steel pipe with a wall thickness of at least 1/8 inch (0.3 cm). It
must have a rectangular frame with outside dimensions which can be no
less than 51 inches (129.5 cm) in length and 32 inches (81.3 cm) in
width. It must have at least five vertical deflector bars, with bar
spacings of no more than 4 inches (10.2 cm). The vertical bars must be
connected to the top of the frame and to a single horizontal bar near
the bottom. The horizontal bar must be connected at both ends to the
sides of the frame and parallel to the bottom bar of the frame. There
must be a space no larger than 10 inches (25.4 cm) between the
horizontal bar and the bottom bar of the frame. An additional vertical
bar runs from the middle of the bottom bar to the middle of the
horizontal bar dividing the opening at the bottom into two rectangles
with an opening height of no more than 10 inches (25.4 cm) and an
opening width of no more than 14 1/2 inches (36.8 cm). If, because of
the width of the TED, the opening width of the bottom rectangles
exceeds the maximum allowed, additional vertical bars must be added.
This TED must comply with paragraphs (e)(4)(i)(B), (e)(4)(i)(C),
(e)(4)(i)(F), and (e)(4)(i)(G) of this section with respect to the
method of attachment, the angle of the deflector bars, the position of
the escape opening, and the size of the escape opening, except that the
deflector bars must be positioned in the net to deflect turtles to the
escape opening in the top of the trawl. This TED may not be configured
with a bottom escape opening. Installation of an accelerator funnel is
not permitted with this TED. Use of this TED is restricted to the
Atlantic summer flounder bottom trawl fishery.
(B) Jones TED (Figure 11 of this part). The Jones TED must be
constructed of at least 1 1/4 inch (3.2 cm) outside diameter aluminum
or steel pipe, and the pipe must have a wall thickness of at least 1/8
inch (0.3 cm). It must be generally oval in shape with a flattened
bottom. The deflector bars must be attached to the frame at a 45 deg.
angle from the horizontal positioning downward and each bar must be
attached at only one end to the frame. The deflector bars must be
attached and lie in the same plane as the frame. The space between the
ends of the bottom deflector bars and the bottom frame bar must be no
more than 3 inches (7.6 cm). The spacing between the bottom three
deflector bars on each side must be no greater than 2 1/2 inches (6.4
cm). The spacing between all other deflector bars must not exceed 3 1/2
inches (8.9 cm) and spacing between ends of opposing deflector bars
also must not exceed 3 1/2 inches (8.9 cm). This TED must comply with
paragraphs (e)(4)(i)(B), (e)(4)(i)(C), (e)(4)(i)(F), (e)(4)(i)(G),
(e)(4)(i)(H)(2), and (e)(4)(i)(I) of this section with respect to the
method of attachment, the angle of the deflector bars, the position of
the escape opening, the size of the escape opening, the size of the
grid, and flotation.
(iii) * * *
(C) Andrews TED (Figures 8a and 8b of this part). The Andrews TED
is a funnel constructed of 5-inch (12.7-cm) stretched mesh polyethylene
or polypropylene webbing that is sewn inside a shrimp trawl. The bottom
panel of the trawl may be used as the bottom panel of the funnel, so
long as the bottom edges of the sides of the funnel are sewn at every
mesh to the bottom panel of the trawl. The leading edge of the funnel
must be sewn with heavy twine at all points to the outer trawl
beginning on the row of meshes located 20 meshes behind the center of
the footrope and continuing around the circumference of the trawl,
following the same row of meshes. The webbing may not be laced with
rope. The funnel must taper to an escape opening in the bottom of the
trawl. The trailing edge on the funnel must be sewn at all points
around the circumference of the escape opening. The escape opening must
be at least 96 inches (243.8 cm) in circumference. A webbing flap may
be used to cover the escape opening if no device holds the webbing flap
closed or otherwise restricts the opening, and if such flap is
constructed of webbing that has a stretched mesh size no larger than 2
inches (5.1 cm), lies on the outside of the trawl, is attached along
its entire forward edge forward of the escape opening, is 50 meshes
wide and 15 meshes deep, does not overlap the exit opening more than 5
meshes on each side (it may be attached along the 15-mesh edge), and
maintains an opening of at least 48 inches (121.9 cm) in a taut
position.
(D) Taylor TED (Figures 9a and 9b of this part). The Taylor TED is
constructed of 6-inch (15.2-cm) polyethylene or polypropylene webbing
that is heat-set knotted or braided. The Taylor TED deflector panel
must be not less than 228 inches (580 cm) on the leading edge and not
less than 120 inches (305 cm) long. The leading edge, sides, and apex
of the deflector panel [[Page 15518]] must be sewn to the trawl body so
as to form a complete barrier to large objects inside the trawl net
forward of the codend or extension. The apex may be removed not more
than 24 inches (61 cm) forward of the rear point. If the apex is
removed, a rectangular section 24 inches (61 cm) long must be sewn
evenly to the rear of the deflector panel to maintain the 120-inch
(305-cm) length. The leading edge of the Taylor TED deflector panel
must be sewn to the bottom body of the trawl net. The rear point of the
deflector panel, or rear edge, if the apex is removed, must be sewn
evenly, centered across the top body. An escape opening must be located
on the top of the trawl body centered over the deflector panel. The
opening must measure not less than 72 inches (183.6 cm), must be in a
single row of meshes, and must be located no farther forward than the
point where its entire length is above the deflector panel--the forward
edge of the opening must extend from the attachment of the deflector
panel on one side of the body, across the top of the body, to the
attachment of the deflector panel on the other side. All trawl webbing
above the deflector panel between the 72-inch (183.6-cm) cut and the
posterior edge of the deflector panel must be removed. A rectangular
flap of nylon webbing not larger than 2-inch (5.1-cm) stretched mesh
may be sewn to the forward edge of the escape opening. The width of the
flap may not exceed the length of the forward edge of the triangular
opening. The flap may extend not more than 12 inches (30.5 cm) beyond
the rear point of the escape opening. The sides of the flap may be
attached to the body, but may not be attached farther aft than the rear
point of the escape opening. One row of chain not larger than 3/16 inch
(4.76 mm) may be sewn evenly to the back edge of the flap. The
stretched length of the chain may not exceed 84 inches (214.2 cm).
(E) Allowable modifications to soft TEDs. The following
modifications may be made to the Morrison and Taylor TEDs to increase
the size of the escape opening to permit the exclusion of leatherback
turtles. An enlarged escape opening must be created on the top of the
trawl body centered over the deflector panel. The opening must measure
not less than 96 inches (244 cm), must be in a single row of meshes,
and must be located no farther forward than the point where its entire
length is above the deflector panel--the forward edge of the opening
must extend from the attachment of the deflector panel on one side of
the body, across the top of the body, to the attachment of the
deflector panel on the other side. All trawl webbing above the
deflector panel between the 96-inch (244-cm) cut and the posterior edge
of the deflector panel must be removed. A rectangular flap of nylon
webbing not larger than 2-inch (5.1-cm) stretched mesh may be sewn to
the forward edge of the escape opening. The width of the flap may not
exceed the length of the forward edge of the triangular opening. The
flap may extend not more than 12 inches (30.4 cm) beyond the rear point
of the escape opening. The sides of the flap may be attached to the
body, but may not be attached farther aft than the rear point of the
escape opening. One row of chain not larger than 3/16 inch (4.76 mm)
may be sewn evenly to the back edge of the flap. The stretched length
of the chain may not exceed 96 inches (244 cm). For the Morrison TED,
the apex of the excluder panel may be removed no more than 48 inches
(122 cm) forward of the rear edge. A rectangular section 48 inches (122
cm) long must then be sewn evenly to the rear of the excluder panel to
maintain the length prescribed in the description of the Morrison TED.
For the Morrison TED, the addition of a webbing flap and the
modification of the excluder panel may only be done conjointly with the
enlargement of the escape opening as described in this paragraph
(e)(4)(iii)(E).
(iv) Allowable modifications to TEDs. No modifications may be made
to an approved soft TED, except for the modifications described in
paragraph (e)(4)(iii)(E). Unless otherwise prohibited in paragraph
(e)(4)(ii) of this section, only the following modifications may be
made to an approved hard TED and an approved special hard TED:
(A) Floats. In addition to floats required pursuant to paragraph
(e)(4)(i)(I) of this section, floats may be attached to the top one-
half of the TED, either outside or inside the net, but not to a flap.
Floats attached inside the net must be behind the rear surface at the
top of the TED.
(B) Accelerator funnel. An accelerator funnel may be installed in
the trawl, if it is made of net webbing material with a stretched mesh
size not greater than 1 5/8 inches (4.1 cm), if it has an inside
horizontal opening of at least 39 inches (99.1 cm) when measured in a
taut position, if it is inserted in the net immediately forward of the
TED, and if its rear edge does not extend past the bars of the TED. The
trailing edge of the accelerator funnel may be attached to the TED on
the side opposite the escape opening if not more than 1/3 of the
circumference of the funnel is attached, and if the inside horizontal
opening of at least 39 inches (99.1 cm) is maintained. In a downward
shooting TED, only the top 1/3 of the circumference of the funnel may
be attached to the TED. In an upward shooting TED, only the bottom 1/3
of the circumference of the funnel may be attached to the TED.
(C) Webbing flap. A webbing flap may be used to cover the escape
opening if no device holds it closed or otherwise restricts the
opening, and if it is constructed of webbing with a stretched mesh size
no larger than 1 5/8 inches (4.1 cm), lies on the outside of the trawl,
is attached along its entire forward edge forward of the escape
opening, is not attached on the sides beyond the row of meshes that
lies 6 inches (15.2 cm) behind the posterior edge of the grid, and does
not extend more than 24 inches (61.0 cm) beyond the posterior edge of
the grid.
(D) Chafing webbing. A single piece of nylon webbing, with a twine
size no smaller than size 36 (2.46 mm in diameter), may be attached
outside of the escape opening webbing flap to prevent chafing on bottom
opening TEDs. This webbing may be attached along its leading edge only.
This webbing may not extend beyond the trailing edge or sides of the
existing escape opening webbing flap, and it must not interfere or
otherwise restrict the turtle escape opening.
(E) Roller gear. Roller gear may be attached to the bottom of a TED
to prevent chafing on the bottom of the TED and the trawl net. When a
webbing flap is used in conjunction with roller gear, the webbing flap
must be of a length such that no part of the webbing flap can touch or
come in contact with any part of the roller gear assembly or the means
of attachment of the roller gear assembly to the TED, when the trawl
net is in its normal, horizontal position. Roller gear must be
constructed according to one of the following design criteria:
(1) A single roller consisting of hard plastic shall be mounted on
an axle rod, so that the roller can roll freely about the axle. The
maximum diameter of the roller shall be 6 inches (15.24 cm), and the
maximum width of the axle rod shall be 12 inches (30.4 cm). The axle
rod must be attached to the TED by two support rods. The maximum
clearance between the roller and the TED shall not exceed 1 inch (2.5
cm) at the center of the roller. The support rods and axle rod must be
made from solid steel or solid aluminum rod no larger than 1/2 inch
(1.28 cm) in diameter. The attachment of the support rods to the TED
shall be such that there are no protrusions (lips, sharp edges, burrs,
etc.) on the front face [[Page 15519]] of the grid. The axle rod and
support rods must lie entirely behind the plane of the face of the TED
grid.
(2) A single roller consisting of hard plastic tubing shall be
tightly tied to the back face of the TED grid with rope or heavy twine
passed through the center of the roller tubing. The roller shall lie
flush against the TED. The maximum outside diameter of the roller shall
be 3 1/2 inches (8.0 cm), the minimum outside diameter of the roller
shall be 2 inches (5.1 cm), and the maximum length of the roller shall
be 12 inches (30.4 cm). The roller must lie entirely behind the plane
of the face of the grid.
* * * * *
3. Figure 1 to part 227 is revised to read as follows:
BILLING CODE 3510-22-F
[GRAPHIC][TIFF OMITTED]TR24MR95.000
BILLING CODE 3510-22-C
4. Figure 13 to part 227 is revised to read as follows:
BILLING CODE 3510-22-F
[[Page 15520]]
[GRAPHIC][TIFF OMITTED]TR24MR95.001
BILLING CODE 3510-22-C
[FR Doc. 95-7235 Filed 3-21-95; 11:30 am]
BILLING CODE 3510-22-F
