[Federal Register Volume 64, Number 241 (Thursday, December 16, 1999)]
[Rules and Regulations]
[Pages 70196-70198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32531]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No.991207322-9328-02;I.D.120899D]
RIN 0648-AN45
Sea Turtle Conservation; Restrictions to Fishing Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; request for comments.
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SUMMARY: NMFS is closing the waters of Pamlico Sound, North Carolina to
fishing with gillnets with a mesh size larger than 5 inches (12.7 cm)
stretched mesh for a 30-day period. The closed area includes all
inshore waters of Pamlico Sound south of 35 deg.23' N. lat. and east of
76 deg.05' W. long. NMFS is taking this action because of its
determination that the large mesh gillnet fishery is the most likely
cause of significant increases in the stranding of sea turtles listed
as threatened or endangered under the Endangered Species Act (ESA) in
Pamilco Sound. This action is necessary to protect threatened and
endangered turtles from being taken by the large mesh, gillnet fishery
in Pamlico Sound.
DATES: This action is effective from December 10, 1999 through January
10, 2000. Comments on this action are requested, and must be received
at the appropriate address or fax number (See ADDRESSES) by no later
than 5:00pm, eastern standard time, on January 10, 2000.
ADDRESSES: Written comments on this action should be addressed to the
Chief, Endangered Species Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments may
also be sent via fax to 301-713-0376. Comments will not be accepted if
submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz (ph. 727-570-5312,
fax 727-570-5517, e-mail Chuck.Oravetz@noaa.gov), or Barbara A.
Schroeder (ph. 301-713-1401, fax 301-713-0376, e-mail
Barbara.Schroeder@noaa.gov).
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S. waters are listed as either
endangered or 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 populations of
green turtles in Florida and on the Pacific coast of Mexico, which are
listed as endangered.
Under the ESA and its implementing regulations, taking sea
turtles--even incidentally--is prohibited, with exceptions identified
in 50 CFR 223.206. The incidental take of endangered species may only
legally be authorized by an incidental take statement or an incidental
take permit issued pursuant to section 7 or 10 of the ESA. Existing sea
turtle conservation regulations specify procedures that NMFS may use to
determine that unauthorized takings of sea turtles are occurring during
fishing activities, and
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to impose additional restrictions to conserve listed sea turtles and to
prevent unauthorized takings (50 CFR 223.206(d)(4). Restrictions may be
effective for a period of up to 30 days and may be renewed for
additional periods of up to 30 days each.
Recent Events
The Sea Turtle Salvage and Stranding Network has documented a high
level of sea turtle strandings in North Carolina this fall. Beginning
November 1, 1999, large numbers of sea turtles have been stranding in
Pamlico Sound, North Carolina, particularly in the vicinity of Hatteras
and Ocracoke Inlets. The strandings through the week ending December 4
have totaled 74, including 39 endangered Kemp's ridley sea turtles. The
total number of strandings in North Carolina for 1999 is 2.3 times the
average annual strandings from 1980 to 1999. The total number of Kemp's
ridley strandings in 1999 is 7 times the average annual for the same
time period.
Several fisheries, including trawling for shrimp and crabs and
gillnetting for speckled trout and southern flounder, have been
operating in Pamlico Sound over the period of the turtle strandings.
After conducting aerial surveys of the fishing activity and reviewing
other available information on the fisheries, NMFS determined that sink
gillnetting for southern flounder was the most likely cause of the
elevated turtle mortality. Gillnet vessels and many untended gillnets
were observed in the Sound near the areas of highly concentrated turtle
strandings. Small turtles, such as the Kemp's ridley, are likely to be
entangled in the large mesh sizes used in these gillnets. Necropsies of
stranded animals have generally indicated that they were healthy and
had been foraging prior to their deaths. As the weather cools in the
fall and winter, the sea turtles' migrations through and out of the
North Carolina sounds make them extremely vulnerable to fishing effort
that is concentrated at the inlets.
NMFS discussed the situation with the North Carolina Division of
Marine Fisheries (NCDMF) on November 19, 1999. At that time, NCDMF did
not believe that any action was necessary to regulate the large mesh
flounder gillnet fishery on the basis that the fishery would be winding
down seasonally and that the available evidence was not strong enough
to confirm conclusively that this fishery was responsible for the
turtle mortality. To develop additional information, NCDMF deployed
observers aboard gillnet vessels from November 22-24. In 5 trips aboard
flounder gillnet vessels, two Kemp's ridley turtles were taken. No
turtles were taken in 6 trips aboard speckled trout gillnet vessels.
NMFS deployed a Protected Resources Enforcement Team (PRET) to
North Carolina for further investigations in late November. PRET has
worked cooperatively with the North Carolina Marine Patrol to
investigate the role of the different fisheries in the turtle deaths.
PRET investigations so far indicate that flounder gillnetting is the
probable cause of the great majority of the turtle mortality.
There are approximately 30 to 40 boats participating in the
southern flounder gillnet fishery, each setting from 2,000 to 10,000
yards (1 to 5 nautical miles (1.8 to 9 km)) of large mesh gillnet,
mostly concentrated in an area about 25 miles long by a few miles wide.
The fishery has grown rapidly in the last few years. There are no state
regulations on the amount of net fished, manner or place of setting the
net, tending requirements, soak time, or the length of the season. Nets
are generally set and left untended for 1 or 2 days, although even
longer sets occur. This year, bad weather after Thanksgiving caused
many fishermen to leave their nets in the water for 5 to 6 days.
Although the fishery is said to be winding down, there is no assurance
that fishermen will pull their nets out of the water soon, since there
is no regulatory end to the season. As fish catch rates decline, the
nets may be left untended for even longer periods of time and pose an
even greater threat to turtles. PRET observed that Pamilco Sound had
high concentrations of gillnets in early December.
Analysis of Other Factors
Examination of the strandings in Pamlico Sound indicates that the
most significant source of sea turtle mortality is large mesh
gillnetting. The carcasses have primarily been coming ashore in the
vicinity of areas where gillnetting effort has been concentrated, and
fishery observers and enforcement officers have observed sea captures
in the large-mesh gillnets. The construction of the gear, the extremely
large amounts of netting deployed, and the long soak times create an
extreme threat for entangling and drowning sea turtles during their
fall migration. NMFS' PRET and NCDMF will continue to investigate
factors other than southern flounder gillnetting that may contribute to
sea turtle mortality in Pamlico Sound, including other fisheries and
environmental factors.
Closure of Gillnet Fishing in Pamlico Sound
The incidental taking of an endangered species of wildlife is
prohibited by section 9(a)(1)(B) of the ESA. There are no exemptions to
this prohibition applicable to the southern flounder gillnet fishery in
Pamlico Sound. This fishery is known to be catching and killing large
numbers of endangered Kemp's ridley sea turtles. Green turtles and
threatened loggerhead turtles have also been taken. Section 11(f) (16
U.S.C. 1540(f)) of the ESA authorizes the Secretary of Commerce to
promulgate regulations to enforce the requirements of the Act.
Regulations at 50 CFR 223.206(d)(4) specify procedures that the
Assistant Administrator for Fisheries, NOAA, (AA) may use to impose
additional restrictions to conserve listed sea turtles and prevent
unauthorized takings.
Therefore, the AA issues this determination that takings of
endangered sea turtles by southern flounder gillnetters in Pamlico
Sound are unauthorized by statute and issues this additional
restriction to gillnet fishing activities to conserve endangered Kemp's
ridley sea turtles. Specifically, the AA closed the waters of Pamlico
Sound, North Carolina to fishing with gillnets with a mesh size larger
than 5 inches (12.7 cm) stretched mesh. The closed area includes all
inshore waters of Pamlico Sound south of 35 deg.23' N. lat.
(approximately the end of Avon Channel) and east of 76 deg.05' W. long.
(approximately Bluff Shoal). This closure is effective from December
10, 1999 through 11:59 p.m. (local time) January 10, 2000. For the
duration of this closure, no gillnet with a mesh size larger than 5
inches stretched mesh may be set in the closed area. All such nets that
are currently set must be retrieved no later than 11:59 p.m. local time
on December 13, 1999. Any such nets remaining in the water after such
time will be a violation of this closure.
This restriction has been announced on the NOAA weather channel, in
newspapers, and other media.
Additional Conservation Measures
The AA may withdraw or modify any additional restriction on fishing
activities if the AA determines that such action is warranted.
Notification of any additional sea turtle conservation measures,
including any extension of this 30-day action, will be published in the
Federal Register pursuant to 50 CFR 223.206(d)(4).
NMFS will continue to monitor sea turtle strandings to gauge the
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effectiveness of these conservation measures.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The AA has determined that this action is necessary to respond to
an emergency situation to provide adequate protection for endangered
and threatened sea turtles, primarily the Kemp's ridley turtle,
pursuant to the ESA and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds that there is good
cause to waive prior notice and opportunity to comment on this action.
It would be contrary to the public interest to provide prior notice and
opportunity for comment because providing notice and comment would
prevent the agency from implementing this action in a timely manner to
protect the listed sea turtles. Notification of and opportunity to
comment on, this action was provided through the proposed rule which
established these actions (57 FR 18446, April 30, 1992). For the same
reasons, the AA finds good cause also under 5 U.S.C. 553(d)(3) not to
delay the effective date of this rule for 30 days. NMFS is making the
rule effective December 10, 1999 through January 10, 2000. As stated
earlier, this restriction has been announced on the NOAA weather radio,
in newspapers, and other media.
As prior notice and an opportunity for public comment are not
required to be provided for this notification by 5 U.S.C. 553, or by
any other law, the analytical requirements of 5 U.S.C. 601 et seq., are
inapplicable.
The AA prepared an Environmental Assessment (EA) for the final rule
(57 FR 57348, December 4, 1992) requiring turtle excluder device use in
shrimp trawls and creating the regulatory framework for the issuance of
notices such as this. Copies of the EA are available (see ADDRESSES).
Dated: December 10, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
[FR Doc. 99-32531 Filed 12-10-99; 4:37 pm]
BILLING CODE 3510-22-F
