[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)]
[Rules and Regulations]
[Pages 17948-17958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9565]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 217 and 227
[Docket No. 980331080-8080-01; I.D. 032398C]
RIN 0648-AK66
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: NMFS issues this interim final rule to amend the regulations
that require most shrimp trawlers to use Turtle Excluder Devices (TEDs)
in the southeastern Atlantic, including the Gulf of Mexico, to reduce
the incidental capture of endangered and threatened sea turtles during
shrimp trawling. Specifically, this interim final rule allows the use
of a new design of soft TED--the Parker soft TED--subject to certain
limitations. The intent of this rule is to allow shrimpers the option
of using a new design of soft TED.
DATES: This rule is effective April 13, 1998. Comments on this rule are
requested, and must be received by June 12, 1998.
ADDRESSES: Requests for a copy of the environmental assessment (EA)
prepared for this interim final rule and 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. Requests for copies of the reports on 1997 TED testing should be
addressed to the Chief, Harvesting Systems Division, Mississippi
Laboratories, Southeast Fisheries Science Center, NMFS, P.O. Drawer
1207, Pascagoula, MS 39568-1207.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312.
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 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, subpart D. Existing sea turtle conservation
regulations (50 CFR 227, subpart D) require most shrimp trawlers
operating in the Gulf and Atlantic Areas, defined at 50 CFR 217.12, to
have a NMFS-approved TED installed in each net rigged for fishing, year
round. TEDs currently approved by NMFS for shrimp trawling include
single-grid hard TEDs, hooped hard TEDs conforming to a generic
description, and two types of special hard TEDs.
On December 19, 1996, NMFS promulgated a final rule (61 FR 66933)
that concluded a rulemaking process that had begun with an advance
notice of proposed rulemaking published on September 13, 1995 (61 FR
47544). The final rule established the Atlantic and Gulf Shrimp
Fishery-Sea Turtle Conservation Areas (SFSTCAs) with special
conservation requirements to reduce the mortality and subsequent
strandings of sea turtles associated with intensive shrimp trawling in
nearshore waters. Included in the requirements for the SFSTCAs was the
prohibition, effective March 1, 1997, of the use of soft TEDs. The
December 19, 1996 final rule also removed the approval of all existing
soft TEDs in the rest of the Gulf and Atlantic Areas, effective
December 19, 1997. Some of the factors considered in the determination
to remove the approval of soft TEDs were the difficulty of installing
soft TEDs correctly in various styles of nets, observations of sea
turtle takes in the then-approved soft TEDs during commercial trawling,
and poor turtle release during retesting of approved soft TEDs in
various styles of nets.
TED Certification Procedures
New TED designs must undergo and pass certification trials by the
designer and NMFS gear experts before they can be approved for use by
the Assistant Administrator for Fisheries (AA). Two different
certification protocols were published by NMFS, one on June 29, 1987
(52 FR 24244), and the other on October 9, 1990 (55 FR 41092). The
notices publishing these protocols provide a detailed description of
the testing procedures and criteria. Both
[[Page 17949]]
protocols target a 97-percent exclusion rate of turtles. The original
protocol, referred to as the Canaveral protocol, was established for
the testing of TEDs in the Cape Canaveral, Florida, navigation channel
which had been known for its historical high abundance of loggerhead
sea turtles. The exclusion rate was determined by comparing the turtle
capture rates of two simultaneously towed nets, one equipped with the
candidate TED and the other with no TED installed. By 1989, however,
there were not enough turtles at Canaveral to conduct TED testing. NMFS
developed an alternate testing protocol using juvenile, captive-reared
turtles. In this protocol, referred to as the small turtle protocol, a
known number of turtles are introduced into a TED-equipped trawl and
the number of escapes in a series of 25 introductions is recorded. The
turtle exclusion rate of the candidate TED must statistically equal or
exceed the exclusion rate of the control TED to pass the certification
trial. A technical review committee, composed of industry and
conservation representatives, is convened to review and confirm the
video-taped documentation of all test results.
Both protocols also rely on evaluation by an experienced team of
NMFS divers who are familiar with working in and around operating
trawls and who conduct preliminary observations and make underwater
video recordings of candidate TED designs. Videotapes are then reviewed
by the candidate TED designer or representative in order to determine
whether tuning or modifications are necessary prior to testing. When
the designer is satisfied with the configuration of the candidate TED,
testing is initiated. This process has resulted in significant on-site
modifications to some candidate soft TED designs and has corrected
design and installation problems that could otherwise have caused the
failure of the design. Under this process, four soft TEDS passed
certification and were approved for use: The Morrison, Parrish,
Andrews, and Taylor. The Morrison and Parrish TEDs were approved after
being tested under the Canaveral protocol, and the Taylor and Andrews
TEDs were approved based on testing under the small turtle protocol.
All four of the soft TED designs were tested and then approved on the
basis of testing conducted in only one size and style of net.
Changes to the TED Testing Protocol
In the preamble of the December 19, 1996, final rule, that
prohibited the use of soft TEDs, NMFS acknowledged that the two
existing scientific protocols used in approving TEDs did not address
some deficiencies in soft TEDs. The discussion in the preamble of that
rule stipulated that future testing of soft TEDs would address soft
TED-specific problems with the testing protocols, to assure that any
subsequently approved soft TED would effectively exclude turtles. In
conducting this year's testing of soft TEDs and in developing this
interim final rule, NMFS has adopted changes to the methods,
statistical risks of error, and application of results of the small
turtle test protocol (originally published at 55 FR 41092, October 9,
1990).
One of the changes in methodology has been the adoption of a top-
opening, curved-bar style (e.g., the SuperShooter TM design)
hard TED, with an accelerator funnel and extended webbing flap, as the
control TED. The old control, the NMFS TED, was not representative of
gear in actual commercial use, and the metal-framed door over the
escape opening in the original NMFS TED occasionally hindered the
escape of the small turtles used in the testing. This change in the
control TED should tend to make the small turtle protocol more
conservative in approving new TED designs. For instance, in comparison
testing conducted in 1995, the NMFS TED excluded 24 out of 25 turtles,
while the top-opening, curved-bar, hard TED excluded 25 out of 25
turtles, with a shorter average escape time.
An additional change to the method was made by alternating the
release position of the turtles in the net among the center, port, and
starboard sides of the net. Previously, turtles had been released only
at the center of the net. In testing hard TEDs, releasing turtles in
the center posed no problem because the hard TED is compact and is
installed in the aft portion of the net. All 25 turtles in the test
sample encountered and successfully negotiated all the components of
the hard TED (the accelerator funnel, the grid, the escape opening, and
the webbing flap) to escape. In testing soft TEDs, however, test
turtles released at the center of the headrope tended to pass straight
down the center of the net and rarely contacted the sides of the soft
TED. The sides, or wings, of soft TEDs are the most likely areas to
observe pocketing or slack areas of webbing, and the wing areas of
candidate soft TEDs accounted for most of the turtle captures observed,
even though many turtles in a trial sample never encountered the wings.
TED testing of commercially purchased Andrews soft TEDs in June 1996
first revealed the possible bias from using all center releases when
testing soft TEDs. Turtles introduced into the trawl in front of the
wings of the Andrews TEDs were captured in 21 out of 30 trials, while
15 out of 15 turtles escaped when introduced at the center line. To
eliminate this potential bias and to better test the effectiveness of
all parts of soft TEDs, the 1997 TED testing sessions were conducted
with turtle releases in the port, starboard, and center of the trawls
for both the control and candidate TEDs.
The statistical protocol applied to the TED testing results has
also been modified to be more conservative in approving new candidate
TEDs. The turtle exclusion rate of the candidate TED must statistically
equal or exceed the exclusion rate of the control TED to pass the
certification trial. Depending on the exclusion rate of the control
TED, the number of captures by a candidate TED would prove it to be
statistically worse than the control TED and cause it to fail the
certification trial. Depending on the capture level used to reject a
candidate TED, there is a risk that the failed candidate TED was
actually an acceptable TED that happened to perform poorly within the
limits of the trial. If a higher number of captures are selected as the
failure point, the risk of rejecting an acceptable TED is reduced;
however, the risk of accepting an unacceptable TED is correspondingly
increased. In applying the TED testing results from the small turtle
protocol prior to 1997, the number of captures required to fail a TED
was selected so that the risk of rejecting a good TED would be
approximately 10 percent. For the 1997 TED testing, NMFS determined
that a higher risk of rejecting a good candidate TED would be adopted
to lower the risks of approving a poor candidate TED. For the 1997 TED
testing session, the risk of rejecting a good TED was increased to
approximately 20 percent (the actual failure points selected
corresponded to 15 percent and 22 percent risks for the June and
September testing sessions, respectively). This change in the
statistical protocol meant that candidate TEDs had to show a higher
standard of turtle exclusion, relative to the control TED, than in any
previous TED testing session.
The most important change in the TED testing protocol, however, is
the application of the testing results only to the specific trawl and
TED combinations tested. The four previously approved soft TED designs
were tested only once in one size and style of net prior to approval.
The TEDs were then approved for use in any style and size of net. The
testing of commercially purchased Morrison soft
[[Page 17950]]
TEDs in 1994 and Andrews soft TEDs in 1996 revealed that soft TED
incompatibility with some net types and high variability in
installations were problems with the effectiveness of those soft TEDs.
Under the new protocol, the approval of successful candidate soft TEDs
will be limited to demonstrably compatible net sizes and styles.
Development of Improved Soft TEDs
In March 1997, NMFS gear experts began working with members of the
shrimp industry to plan research and development for improved soft
TEDs. Based on comments received during the 1996 rulemaking and through
consultation with the shrimp industry, priority was placed on
researching improvements for a top-opening, panel-style soft TED
similar to the Morrison TED and for a bottom-opening, funnel-style soft
TED similar to the Andrews TED. Shrimp fishermen and net makers
proposed a variety of alternative soft TEDs, most of them variations on
the Andrews or Morrison TED, for testing. From March to May 1997, NMFS
issued 12 permits to fishermen to conduct commercial fishing efficiency
testing with the experimental soft TEDs.
NMFS conducted a series of TED tests using the small turtle
protocol from June 5 through 19, 1997. At the outset of the testing,
eight different soft TEDs were identified for investigation. These
candidates had been developed through cooperation with the shrimp
industry and commercial fishing trials. The eight soft TEDs included
five variations on the Morrison TED, two variations on the Andrews TED,
and one soft TED that was similar to the Morrison and Taylor TEDs. Over
the course of the testing, a total of 18 different soft TEDs were
examined and tested as successive modifications were made to eliminate
any identified design problems. Complete copies of the June 1997 TED
testing report are available (see ADDRESSES); a summary of the relevant
findings and gear developments follows.
Eleven variations of a top-opening Morrison/Taylor style soft TED
were examined during the June TED testing session. This testing
confirmed several of the observations about Morrison-style TED designs
that NMFS gear experts had made during earlier testing in 1994 and
1996. Generally, the large escape opening in the top of the trawl
incorporated in the Morrison TED design is easily negotiated by
turtles, whose natural preference is to escape toward the surface.
Turtles that avoid entanglement in the TED panel usually escape
relatively quickly. Several critical factors in the soft TED design or
installation that could produce entanglement were slack webbing,
webbing that curved upward instead of lying taut and flat, and pockets
of webbing near the attachment of the edges of the excluder panel to
the trawl. In mesh sizes of 8 inches (20.3 cm) or even 6 inches (15.2
cm), turtles could become entangled if they encountered webbing in the
parts of the trawl with any of those design or installation flaws.
The Parker TED, which was the last Morrison-style TED tested during
the June session, incorporates design features that overcome the design
and installation problems previously observed in Morrison-style TEDs.
The Parker TED is a single panel design, so it does not use any wing
panels which had been shown to be problematic. It uses a triangular
section of 8-inch (20.3-cm) mesh polypropylene or polyethylene webbing
in the front and center portion of the excluder panel, but is
surrounded on the sides and rear portion of the excluder panel by
strips of 4-inch (10.2-cm) mesh webbing. The problem areas for
installation--slack areas and pockets near the edges--are, therefore,
separated from the large-mesh center of the panel by the 4-inch (10.2-
cm) mesh webbing. Even the small turtles used in the June testing
session experienced no threat of becoming entangled in the 4-inch
(10.2-cm) mesh webbing. Additionally, the 4-inch (10.2-cm) mesh webbing
strips create a greater amount of water resistance and drag than the
larger mesh center. The increased drag on the sides and rear of the
panel worked to pull the entire panel very tight and flat. The Parker
TED excluded 25 out of 25 test turtles introduced into the net,
compared to 24 releases out of 25 trials scored by the control TED, a
top-opening, curved-bar, hard TED. The Parker soft TED was tested in a
43-foot (13.1-m) headrope length Mongoose-style trawl during the June
test session.
Following the June 1997 TED testing session, NMFS, in consultation
with the shrimp fishing industry, decided to pursue additional testing
of the Parker TED to ensure that it would function properly in other
trawl styles and sizes than the 43-foot (13.1-m) Mongoose trawl in
which it was tested. Commercial fishermen, primarily in the Atlantic
Area, participated in an extensive testing program to evaluate the
Parker TED in various gear configurations under commercial fishing
conditions. One hundred and ninety seven shrimpers (100 in the Gulf of
Mexico, 97 in the Atlantic) received authorizations to conduct fishing
efficiency testing with experimental versions of the Parker TED. The
permits require fishermen to submit reports on their catch upon
completion of the permitted testing period. One hundred of the permits
issued for Parker TED testing have expired, and reports have been
submitted by 42 shrimpers from the Atlantic. Twenty-three of the
reports submitted were from fishermen that did not use the Parker TED.
Eighteen shrimpers that used the Parker TED reported good bycatch
reduction and shrimp retention. Additionally, they reported at least 17
turtle takes (one fishermen reported ``numerous turtle captures''). All
reported captures were in try nets, except for one turtle that was
exiting the Parker TED as the net was retrieved. All captured turtles
were reportedly released alive and in good condition.
These anecdotal reports are similar to reports from observers on
commercial shrimp vessels testing the effectiveness of Parker TEDs as
bycatch reduction devices in the Atlantic during the fall and winter of
1997. Fifty-four tows of Parker TEDs were observed during 19 sea days
off Georgia. Three sea turtle takes were observed during these trials;
a ridley and a loggerhead were observed in nets with grid TEDs
installed that were blocked by crab traps, and a Kemp's ridley
reportedly had not yet reached the Parker TED and slid through the
trawl and out of the TED while the net was being retrieved. During
similar trials off South Carolina, no sea turtle takes were observed
during 30 tows in trawls with Parker TEDs installed.
NMFS conducted a second series of small turtle TED testing from
September 15 through 28, 1997. This testing focused on evaluating the
Parker TED in various styles of trawls and fishing configurations and
on testing alternative designs of Andrews-style TEDs. The Parker TED
was examined in eight different style trawls, using a range of center-
bridle adjustments on tongue and bib trawls and with two different
styles of escape opening.
The Parker TED proved to be compatible with most net types and gear
configurations tested. Gear experts evaluated the trawling
configuration of the various installations underwater and tested the
different style nets with a sub-sample of up to 10 turtles to confirm
the divers' evaluation of the effectiveness of the various
installations. A total of 107 turtles were introduced into the various
trawl/Parker TED combinations, and all were released effectively. The
Parker TED assumed a proper configuration and excluded all of the
turtles introduced into the net in a 2-seam balloon trawl, a 4-seam
semi-balloon trawl, a 4-seam semi-balloon trawl with a bib attached, a
straight-wing flat net,
[[Page 17951]]
a 4 bars to 1 point (4b1p) taper Mongoose net, and a 3b1p taper
Mongoose net. (For a discussion of net tapers, see the section
``Restriction of Soft TED Use to Specified Net Sizes, and Styles''
following.)
In the Mongoose-style trawls and trawls with bibs, the soft TED's
configuration was evaluated at a range of center bridle adjustments.
TED testing conducted in November 1994 had indicated that the tension
on the towing bridle attached to the tongue could influence the shape
of the excluder panel on the Morrison TED. In all of these net styles
tested with the Parker TED, the excluder panel maintained a good shape
over the range of center bridle adjustments. Some installations showed
an upward curl at the edge of the panel in the 4-inch (10.2-cm) mesh
section, but the 8-inch (20.3-cm) mesh webbing remained flat. On the
Mongoose-style trawls and trawls with bibs, a sub-sample of 10 turtles
was run with the center bridle at an extremely short setting to test
the TED's performance under the most adverse configuration. All of the
turtles passed easily through the TED.
The Parker TED was also tested with a leatherback turtle-sized
escape opening. An extra large opening covered with a chain-weighted
flap was an approved modification for the Morrison TED. The leatherback
escape opening modification of the Parker TED excluded all four of the
turtles exposed to it. The chain-weighted webbing flap was not a
barrier to turtle escape because it did not tightly seal the escape
opening.
Two net styles that were evaluated by divers revealed potential
incompatibility with the Parker TED: a 2-seam balloon net with a bib
attached and an 86-foot (26.2-m) headrope length strongly tapered
(6b1p) Mongoose net. In both nets, the excluder panel rolled strongly
upward at the edges, pulling up the 8-inch (20.3-cm) mesh as well,
creating the possibility for turtle entanglement in the distorted
portion of the panel. Diver evaluations indicated that Parker TEDs
would not always be effective in these net types.
The Environmental Assessment (EA) prepared for the interim final
rule contains a complete discussion of all of the soft TED evaluations
conducted during 1997 and of the factors that led NMFS to select this
interim final rule as the preferred course of action. Complete copies
of the EA for this rule are available (see ADDRESSES). In summary, NMFS
is allowing the use of the Parker TED in most trawl styles because it
passed the certification trials for numerous trawl styles and sizes and
because gear specialists were confident that the TED can be replicated
by net manufacturers in a manner that precludes stretching and bagging
problems that lead to turtle captures in other styles of soft TEDs.
Additionally, NMFS considered the favorable shrimp retention
characteristics of the Parker TED. The South Carolina Department of
Natural Resources (SCDNR) compared shrimp and finfish catches between
nets equipped with the Parker soft TED and a top-opening, curved-bar
hard TED aboard a commercial shrimp trawler. In 30 comparison tows
during September through December 1997, the Parker TED-equipped net
caught 9.1 percent less shrimp than the hard TED-equipped net. No sea
turtle takes were observed during these 30 tows.
Individual fishermen in the Atlantic Area who received
authorizations to conduct commercial efficiency testing (50 CFR 227.72;
Office of Management and Budget collection control number 0648-0309,
expiration date April 30, 1999) with the Parker TED have confirmed the
SCDNR results with qualitative observations. Industry members of the
soft TED advisory panel believed that the observed shrimp loss would be
acceptable to shrimpers who prefer soft TEDs because of the TED's
handling and possible bycatch reduction characteristics.
Although there is no expressed requirement for consideration of
shrimp retention capabilities when certifying TEDs, NMFS believes that
certification of TEDs that result in low shrimp landings is
inappropriate and may be misleading to shrimpers. In the interest of
authorizing TEDs that will be effective for shrimpers, amendments to
the TED regulations in 1992 (57 FR 57357, December 4, 1992) gave the AA
authority to issue permits for experimentation to improve shrimp
retention efficiency of existing TEDs, as well as for developing
additional TEDs. NMFS believes that soft TEDs with excessive shrimp
loss will, at best, not be used. At worst, excessive shrimp loss may
lead fishermen to disable or modify the TED after purchasing it. NMFS
continues to believe that it is important to quantify the shrimp loss
and finfish reduction characteristics of new soft TED designs to better
assess their acceptance and effectiveness during commercial use.
Although no precise level of shrimp loss acceptable to the industry has
been identified at this time, 9 percent appears to be well within the
reported tolerance limits. NMFS will continue to work with the industry
to assess the shrimp retention rates for new soft TEDs that appear to
be effective at excluding sea turtles, and to determine more precisely
the level of shrimp loss that would be unacceptable to the shrimp
industry and likely to prevent the use or correct installation of TEDs.
NMFS also expects to conduct an additional session of TED testing for
turtle release, including other variations on the Andrews TED and
possibly the Parker TED, in May or June 1998.
In the preamble to the December 19, 1996, final rule, NMFS noted
that, while existing soft TEDs were ineffective and the problems
inherent in using soft webbing material as a turtle excluder were
serious and widespread, there were still positive attributes of soft
TEDs and a strong desire, expressed by shrimp fishermen and the
Congress, to continue using soft TEDs. NMFS, therefore, stated its
intention to undertake intensive efforts to identify technical
solutions or modifications for soft TEDs that would effectively exclude
sea turtles. The final rule stated that NMFS would work with a panel of
stakeholders and gear experts to propose solutions for soft TEDs. The
preamble to the final rule stated, ``This process should produce
multiple initiatives for further evaluation, possibly including
entirely new soft TED designs. If any of these initiatives produce a
soft TED that is demonstrated to effectively exclude turtles, it will
be approved for use without delay * * *. NMFS intends that successful
improvements and modifications to existing soft TEDs that result in
such TEDs effectively excluding sea turtles will be incorporated in the
TED regulations through rulemaking.'' For this reason, the Parker TED
is being certified through an interim final rule. The interim final
rule is effective for 18 months in order to minimize possible adverse
impacts on turtles. The 18-month period will allow NMFS to evaluate new
information regarding the performance of the Parker TED under field
conditions (see the section ``Justification for Period of
Effectiveness'').
Approval of the Parker TED
Through this interim final rule, NMFS is approving the use of a new
soft TED design known as the Parker TED, effective April 13, 1998,
through October 13, 1999. The approval of the Parker TED restricts its
use to specified trawls, based on the demonstrated effectiveness of the
Parker TED in those trawls. The Parker TED is approved for use in all
sizes and styles of trawls, except two-seam trawls with bibs or tongues
attached, triple-wing trawls, and trawls in which the body taper is
greater than 4b1p. Use of the Parker TED will be monitored through at-
sea
[[Page 17952]]
observers on vessels to further assess shrimp catch and finfish bycatch
reduction rates and to ensure that turtle release rates are applicable
in commercial fishing activities.
Restriction of Soft TED Use to Specified Net Sizes and Styles
The December 19, 1996, final rule that removed the approval of four
types of soft TEDs identified difficulty of installation and
incompatibility with certain net types among the key problems with the
existing soft TEDs. The results of the two TED testing sessions in 1997
underlined the importance of matching the candidate soft TEDs closely
with specific installation and net requirements. This interim final
rule provides detailed specifications for construction and installation
of the Parker TED. The specificity of these requirements ensures that
Parker TEDs constructed and installed according to the requirements
will be effective TEDs and controls the problems with previous soft TED
designs of incompatibility with various net types and improper
installation. To ensure the proper installation of the Parker TED, NMFS
intends to conduct special TED training sessions for soft TED makers.
The TED manufacturers' training program will include certificates of
training to the manufacturers and the development and distribution to
fishermen of a list of manufacturers who have been trained in the new
soft TED installation.
Because of the specificity of the Parker TED's requirements,
enforcement officers will be better able to inspect the Parker TED and
determine whether it is installed in a manner that will allow it to
function effectively. Given the problems with previous versions of soft
TEDs, NMFS has developed a 1998 soft TED enforcement plan to help
ensure that the reintroduction of soft TEDs into the fishery will be
successful. Among the elements of that plan, enforcement officers and
gear experts will closely monitor the commercial implementation of the
Parker TED at net shops and dockside trawlers, with the goal of finding
and correcting any misapplication of the Parker TED's regulatory
requirements. In addition to these education and monitoring
initiatives, the 1998 enforcement plan includes enhanced resources
dedicated toward TED at-sea enforcement and compliance. In previous
years, most at-sea law enforcement has been conducted by the U.S. Coast
Guard and by some state law enforcement agencies. In 1998, NMFS will be
fielding enforcement officers for at-sea boardings to augment existing
enforcement activities. These enforcement officers will be available to
detect and deter TED violations in areas and times with historically
high sea turtle strandings.
The specifications for the new soft TED design necessarily
incorporate more terminology specific to net-making than the
regulations for the previously approved soft TEDs, and, therefore, new
definitions for trawl styles and webbing characteristics are added to
the regulations. Definitions for three classes of trawls are added:
Two-seam trawls; four-seam, straight-wing trawls; and four-seam,
tapered-wing trawls. These classes encompass the three main types of
net-body geometry in use in the commercial fishery. The two-seam trawls
have a very simple design with top and bottom body panels of webbing
that are directly attached to each other down the sides of the trawl
(producing two sewing seams). The two-seam trawl is commonly known as a
balloon trawl in the commercial shrimping industry. The four-seam
trawls, on the other hand, incorporate two additional webbing panels
between the top and bottom body panels down the sides; these side
panels are called ``wings.'' Four-seam, straight-wing trawls, as the
name implies, use wings whose upper and lower edges are parallel over
its entire length. Western jib trawls and straight-wing flat nets are
the primary styles of nets of this class in commercial use. In four-
seam, tapered-wing trawls, the wing panels are triangular or
trapezoidal in shape so that the top and bottom edges of the wings
converge toward the rear of the trawl. Examples of four-seam, tapered-
wing trawls in commercial shrimping use are the four-seam, semi-balloon
trawls and tapered-wing flat nets. The Parker TED was evaluated in
trawls of all three classes and is being approved for use through this
interim final rule in all three classes of trawl. The installation
requirements for the Parker TED vary, however, depending on the class
of trawl used. In a four-seam, tapered-wing trawl and a two-seam trawl,
the leading edge of the Parker TED excluder panel runs the width of the
bottom body panel of the trawl. That is, the leading edge runs from
``seam-to-seam.'' In a four-seam, straight wing trawl, the leading edge
of the excluder panel must be installed to run the width of the bottom
body panel of the trawl and up half the height of each wing on either
side.
Another major design element in shrimp trawl design is the
inclusion of tongues or bibs. Tongues and bibs are additional pieces of
webbing that extend the top, center portion of the leading edge of the
trawl and include an eye for attachment of a towing bridle. This third
bridle, in addition to the primary towing bridles that lead to the
trawl doors or dummy-doors, allows the towing tension to be distributed
away from the sides and toward the center of the trawl. The length of
the third bridle is adjustable by the fisherman to vary the net's
horizontal and vertical spreads. Tongues and bibs perform the same
function in the trawl; tongues are usually formed into the top body
panel and lie behind the headrope while bibs are usually added-on
panels that are attached forward of the headrope. For the purposes of
this interim final rule, however, tongues and bibs will be considered
the same and only a regulatory definition of ``tongue'' is being added.
Mongoose trawls are perhaps the best-known style of tongue trawls in
commercial use. Mongoose trawls incorporate a four-seam, tapered-wing
design in the body of the net, although bibs or tongues are combined
with other classes of trawls as well. The Parker TED was evaluated in a
variety of trawls with tongues. The Parker TED's configuration was
distorted in a two-seam trawl with a tongue, but it retained a good
configuration in four-seam trawls with tongues even at extreme ranges
of center bridle tension and headrope flotation. The Parker TED is,
therefore, being approved for use in four-seam trawls (both straight-
and tapered-wing) with tongues, but not in two-seam trawls with
tongues. A somewhat rare use of tongues is seen in the so-called
``triple-wing trawls,'' which incorporate a tongue in the center of the
footrope in addition to a tongue in the headrope and are thus pulled
with four towing bridles. The Parker TED was not evaluated in a triple-
wing trawl and, consequently, is not approved for use in a triple-wing
trawl.
Another element in shrimp trawl design is trawl taper. The fore-
and-aft length of a trawl, relative to its headrope length, is largely
determined by the rate of taper of the edges of the top and bottom body
panels of the trawl. Taper is usually expressed as the ratio between
the cuts in the components of the mesh that reduce the width of the
panel of webbing and the cuts straight aft that extend the length of
the panel of webbing. An understanding of net-making terminology is
necessary to comprehend the conventions used in describing net taper.
An individual mesh is composed of four equal lengths of twine, joined
by four knots, and the webbing is usually hung in the body of a trawl
so that all the meshes form diamond shapes, with the long axis of the
diamonds oriented fore-and-aft. The two lengths of twine and the
intervening
[[Page 17953]]
knot on the left and right sides of the mesh are known as ``points,''
and the individual lengths of twine are known as ``bars.'' Since a
single bar is half the width of an entire mesh cutting, a bar on the
outside edge of a panel of webbing reduces the width of that row of
meshes by one half mesh. Continuing cutting in the direction through
the bars on the opposite sides of each mesh and leaving an uncut edge
of bars all lying in the same line produce an ``all-bar'' taper. An
all-bar taper reduces the width of a panel of webbing by one mesh for
every two rows of twine cut. The all-bar taper is the steepest angle of
taper that is used in any portion of the soft TED design in this
interim final rule. Lesser degrees of taper can be produced by
interspersing bar cuts with point cuts--cuts straight aft through both
lengths of twine in a point. A point cut extends the length of a
webbing panel by one mesh without reducing the width. For example, ``2
bars, 1 point'' (2b1p) indicates a taper in which the net maker would
cut a sequence of two bars (inward) followed by one point (aft). This
2b1p taper would reduce the width of a webbing panel by one mesh for
every four rows of twine cut. Other bar-point combinations are
possible, such as 4b1p, 6b1p, and 8b1p, which would correspond to
increasingly steeper tapers approaching the angle of an all-bar taper.
A ``straight'' or ``all-point'' cut indicates a cut that leaves all
points along the cut edge and that does not reduce the width of the
webbing panel. Figure 1 illustrates the components of trawl webbing and
offers examples of different tapers:
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[[Page 17955]]
The concept of tapers is important to this interim final rule's
construction requirements for both the Parker TED design and for the
limitations on the styles of nets in which the Parker TED may be
installed. This interim final rule allows the Parker TED to be
installed and used in a range of trawl sizes. The installation points
of the Parker TED may be moved forward or aft within the body of the
trawl to the location where the panel fits properly as an excluder
panel. During the 1997 TED testing sessions, the Parker TED was shown
to be effective and to assume a proper configuration in a variety of
trawls with tapers on the edges of the body panels of 4b1p or more
gradual. In large trawls that use a strong body taper (6b1p was
tested), the geometry of the trawl body appeared incompatible with the
Parker TED. Therefore, this interim final rule allows installation of
the Parker TED only in trawls with tapers on the edges of the body
panels of 4b1p or less.
Justification for Period of Effectiveness
This interim final rule is effective from April 13, 1998 through
October 13, 1999. This period of effectiveness is necessary to allow
for the further testing of the soft TED designs and for the publishing
of final protocols. The time period will also allow for the evaluation
of the implementation of the commercial, training, and enforcement
programs of the Parker TED. A minimum of 12 months is necessary to
observe these new designs under all seasonal commercial fishing
conditions. A rulemaking window of 6 months after 1 year of field
testing will provide NMFS with ample time to review, analyze, and
present the data and will give the public an opportunity for comment
prior to publication of the final rule. Additionally, shrimpers will
have time to make modifications to TEDs that may be required as a
result of observations during the next year prior to the subsequent
shrimp season in spring of 2000. A period of effectiveness beyond the
18-month period may unnecessarily impact turtles should the data
analysis indicate that these soft TED designs are not effective at
excluding turtles under normal fishing conditions.
Request for Comments
NMFS will accept written comments (see ADDRESSES) on this interim
final rule until June 12, 1998. NMFS also intends to conduct an
additional TED testing session, including continuing evaluations of
soft TED designs, in May or June 1998. NMFS will announce the
completion of the testing report from that session through a notice of
availability in the Federal Register. NMFS may accept additional
comments relevant to this action, following release of that TED testing
report and prior to promulgation of a final rule replacing this interim
final rule.
Classification
This action has been determined to be significant for purposes of
E.O. 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds that
good cause exists, under 5 U.S.C. 553(b)(B), to waive prior notice and
an opportunity for public comment on this rule. It is impracticable and
contrary to the public interest to provide prior notice and opportunity
for comment because the shrimp fishery is currently underway in the
offshore and eastern Gulf of Mexico with virtually all of those shrimp
trawlers required to use TEDs. The provisions of this rule allow those
fishermen the option of using a new design of soft TEDs in order to
comply with the TED requirement. Additionally, effort in the nearshore
and inshore shrimp fisheries in the Gulf and Atlantic Area will
increase around the beginning of May. Fishermen traditionally spend the
months of March and April rigging their vessels for the season. Delay
in providing these fishermen with an additional option for compliance
with the TED requirements would create disruption in the fishery
through added gear costs and lost fishing time if fishermen commit to
the use of certain gear during their vessel rigging period and
subsequently choose to re-rig to use the newly approved soft TED
design. Furthermore, the Gulf of Mexico Fishery Management Council and
the South Atlantic Fishery Management Council have both stressed the
economic and environmental importance of reducing the bycatch of
finfish in shrimp trawls. The Councils have moved to require bycatch
reduction devices be installed in shrimp trawls through Amendment 9 to
the Fishery Management Plan for the Gulf of Mexico Shrimp Fishery and
through Amendment 2 to the Fishery Management Plan for the South
Atlantic Shrimp Fishery. Soft TEDs, generally, are known to have
valuable bycatch reduction abilities, and the introduction of this new
soft TED design into the fishery will result in finfish bycatch
reduction and may eventually provide fishermen with an additional
option for complying with the gear requirements of the two fishery
management plans' amendments. Because this interim final rule does not
create any new regulatory burden but instead relieves regulatory
restrictions by providing an additional option for complying with the
existing sea turtle conservation requirements, under 5 U.S.C.
553(d)(1), it is not subject to a 30-day delay in effective date.
Because prior notice and opportunity for public comment are not
required by 5 U.S.C. 553 or by any other law, under 5 U.S.C. 603(b) the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are not applicable to this rule. Accordingly, an initial
Regulatory Flexibility Analysis was not prepared for this rule.
The AA prepared an Environmental Assessment (EA) for the final rule
(57 FR 57348, December 4, 1992) requiring TED use in shrimp trawls. An
EA prepared specifically for this action concludes that this interim
final rule will have no significant impact on the human environment. A
copy of the EA is available (see ADDRESSES).
List of Subjects
50 CFR Part 217
Endangered and threatened species, Exports, Fish, Imports, Marine
mammals.
50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: April 6, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR parts 217 and 227
are amended as follows:
PART 217--GENERAL PROVISIONS
1. The authority citation for part 217 continues to read as
follows:
Authority: 16 U.S.C. 742a et seq., 1361 et seq., and 1531-1544,
unless otherwise noted.
2. In Sec. 217.12, definitions for ``Four-seam, straight-wing
trawl'', ``Four-seam, tapered-wing trawl'', ``Taper'', ``Tongue'',
``Triple-wing trawl'', and ``Two-seam trawl'' are being added, in
alphabetical order, to read as follows:
Sec. 217.12 Definitions.
* * * * *
Four-seam, straight-wing trawl means a design of shrimp trawl in
which the main body of the trawl is formed from a top panel, a bottom
panel, and two side panels of webbing. The upper and lower edges of the
side panels of webbing are parallel over the entire length.
Four-seam, tapered-wing trawl means a design of shrimp trawl in
which the main body of the trawl is formed from a top panel, a bottom
panel, and two
[[Page 17956]]
side panels of webbing. The upper and lower edges of the side panels of
webbing converge toward the rear of the trawl.
* * * * *
Taper, in reference to the webbing used in trawls, means the angle
of a cut used to shape the webbing, expressed as the ratio between the
cuts that reduce the width of the webbing by cutting into the panel of
webbing through one row of twine (bar cuts) and the cuts that extend
the length of the panel of webbing by cutting straight aft through two
adjoining rows of twine (point cuts). For example, sequentially cutting
through the lengths of twine on opposite sides of a mesh, leaving an
uncut edge of twines all lying in the same line, produces a relatively
strong taper called ``all-bars''; making a sequence of 4-bar cuts
followed by 1-point cut produces a more gradual taper called ``4 bars
to 1 point'' or ``4b1p''; similarly, making a sequence of 2-bar cuts
followed by 1-point cut produces a still more gradual taper called
``2b1p''; and making a sequence of cuts straight aft does not reduce
the width of the panel and is called a ``straight'' or ``all-points''
cut.
* * * * *
Tongue means any piece of webbing along the top, center, leading
edge of a trawl, whether lying behind or ahead of the headrope, to
which a towing bridle can be attached for purposes of pulling the trawl
net and/or adjusting the shape of the trawl.
* * * * *
Triple-wing trawl means a trawl with a tongue on the top, center,
leading edge of the trawl and an additional tongue along the bottom,
center, leading edge of the trawl.
Two-seam trawl means a design of shrimp trawl in which the main
body of the trawl is formed from a top panel and a bottom panel of
webbing that are directly attached to each other down the sides of the
trawl.
* * * * *
PART 227--THREATENED FISH AND WILDLIFE
3. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 227.12 also
issued under 16 U.S.C. 1361 et seq.
4. In Sec. 227.72, the second sentence of paragraph (e)(2)(iv)(B)
is amended by replacing the text ``or paragraph (e)(4)(iii)(E)'' with
the text ``or, prior to October 13, 1999, paragraph
(e)(4)(iii)(A)(4)(ii)''; the first sentence of paragraph (e)(4)(iv) is
amended by removing the text ``, except for the modifications described
in paragraph (e)(4)(iii)(E)''; and paragraph (e)(4)(iii) is revised to
read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(4) * * *
(iii) Soft TEDs. Soft TEDs are TEDs with deflector panels made from
polypropylene or polyethylene netting. Prior to October 13, 1999, the
following soft TEDs are approved TEDs:
(A) Parker TED. The Parker TED is a soft TED, consisting of a
single triangular panel, composed of webbing of two different mesh
sizes, that forms a complete barrier inside a trawl and that angles
toward an escape opening in the top of the trawl.
(1) Excluder Panel. (Figure 5) The excluder panel of the Parker TED
must be constructed of a single triangular piece of 8-inch (20.3 cm)
stretched mesh webbing and two trapezoidal pieces of 4-inch (10.2-cm)
stretched mesh webbing. The webbing must consist of number 48 (3-mm
thick) or larger polypropylene or polyethylene webbing that is heat-set
knotted or braided. The leading edge of the 8-inch (20.3-cm) mesh panel
must be 36 meshes wide. The 8-inch (20.3-cm) mesh panel must be tapered
on each side with all-bar cuts to converge on an apex, such that the
length of each side is 36 bars. The leading edges of the 4-inch (10.2-
cm) mesh panels must be 8 meshes wide. The edges of the 4-inch (10.2-
cm) mesh panels must be cut with all-bar cuts running parallel to each
other, such that the length of the inner edge is 72 bars and the length
of the outer edge is 89 bars and the resulting fore-and-aft edge is 8
meshes deep. The two 4-inch (10.2-cm) mesh panels must be sewn to the
8-inch (20.3-cm) mesh panel to create a single triangular excluder
panel. The 72-bar edge of each 4-inch (10.2-cm) mesh panel must be
securely joined with twine to one of the 36-bar edges of the 8-inch
(20.3-cm) mesh panel, tied with knots at each knot of the 4-inch (10.2-
cm) webbing and at least two wraps of twine around each bar of 4-inch
(10.2-cm) mesh and the adjoining bar of the 8-inch (20.3-cm) mesh. The
adjoining fore-and-aft edges of the two 4-inch (10.2-cm) mesh panels
must be sewn together evenly.
(2) Limitations on which trawls may have a Parker TED installed.
The Parker TED must not be installed or used in a two-seam trawl with a
tongue, nor in a triple-wing trawl (a trawl with a tongue along the
headrope and a second tongue along the footrope). The Parker TED may be
installed and used in any other trawl if the taper of the body panels
of the trawl does not exceed 4b1p and if it can be properly installed
in compliance with paragraph (c)(1)(iii) of this section.
(3) Panel installation--(i) Leading edge attachment. The leading
edge of the excluder panel must be attached to the inside of the bottom
of the trawl across a straight row of meshes. For a two-seam trawl or a
four-seam, tapered-wing trawl, the row of meshes for attachment to the
trawl must run the entire width of the bottom body panel, from seam to
seam. For a four-seam, straight-wing trawl, the row of meshes for
attachment to the trawl must run the entire width of the bottom body
panel and half the height of each wing panel of the trawl. Every mesh
of the leading edge of the excluder panel must be evenly sewn to this
row of meshes; meshes may not be laced to the trawl. The row of meshes
for attachment to the trawl must contain the following number of
meshes, depending on the stretched mesh size used in the trawl: for a
mesh size of 2\1/4\ inches (5.7 cm), 152-168 meshes; for a mesh size of
2\1/8\ inches (5.4 cm), 161-178 meshes; for a mesh size of 2 inches
(5.1 cm), 171-189 meshes; for a mesh size of 1\7/8\ inches (4.8 cm),
182-202 meshes; for a mesh size of 1\3/4\ inches (4.4 cm), 196-216
meshes; for a mesh size of 1\5/8\ inches (4.1 cm), 211-233 meshes; for
a mesh size of 1\1/2\ inches (3.8 cm), 228-252 meshes; for a mesh size
of 1\3/8\ inches (3.5 cm), 249-275 meshes; and for a mesh size of 1\1/
4\ inches (3.2 cm), 274-302 meshes.
(ii) Apex attachment. The apex of the triangular excluder panel
must be attached to the inside of the top body panel of the trawl at
the centerline of the trawl. The distance, measured aft along the
centerline of the top body panel from the same row of meshes for
attachment of the excluder panel to the bottom body panel of the trawl,
to the apex attachment point must contain the following number of
meshes, depending on the stretched mesh size used in the trawl: for a
mesh size of 2\1/4\ inches (5.7 cm), 78-83 meshes; for a mesh size of
2\1/8\ inches (5.4 cm), 83-88 meshes; for a mesh size of 2 inches (5.1
cm), 87-93 meshes; for a mesh size of 1\7/8\ inches (4.8 cm) , 93-99
meshes; for a mesh size of 1\3/4\ inches (4.4 cm) , 100-106 meshes; for
a mesh size of 1\5/8\ inches (4.1 cm), 107-114 meshes; for a mesh size
of 1\1/2\ inches (3.8 cm), 114-124 meshes; for a mesh size of 1\3/8\
inches (3.5 cm), 127-135 meshes; and for a mesh size of 1\1/4\ inches
(3.2 cm), 137-146 meshes.
(iii) Side attachment. The sides of the excluder panel must be
attached evenly to the inside of the trawl from the outside attachment
points of the
[[Page 17957]]
excluder panel's leading edge to the apex of the excluder panel. Each
side must be sewn with the same sewing sequence, and, if the sides of
the excluder panel cross rows of bars in the trawl, then the crossings
must be distributed evenly over the length of the side attachment.
(4) Escape opening. The escape opening for the Parker soft TED must
match one of the following specifications:
(i) Longitudinal cut. A slit at least 56 inches (1.4 m) in taut
length must be cut along the centerline of the top body panel of the
trawl net immediately forward of the apex of the panel webbing. The
slit must not be covered or closed in any manner. The edges and end
points of the slit must not be reinforced in any way; for example, by
attaching additional rope or webbing or by changing the orientation of
the webbing.
(ii) Leatherback escape opening. A horizontal cut extending from
the attachment of one side of the deflector panel to the trawl to the
attachment of the other side of the deflector panel to the trawl must
be made in a single row of meshes across the top of the trawl and
measure at least 96 inches (244 cm) in taut width. All trawl webbing
above the deflector panel between the 96-inch (244-cm) cut and edges 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 must not
be larger than the width of the forward edge of the escape opening. The
flap must not extend 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 top of the trawl but must not be attached farther aft than the row
of meshes through the rear point of the escape opening. One row of
steel 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 must not
exceed 96 inches (244 cm). A Parker TED using the escape opening
described in this paragraph meets the requirements of paragraph
(e)(2)(iv)(B) of this section.
(B) [Reserved]
* * * * *
5. Figures 6, 7, 8a and 8b, and 9a and 9b to part 227 are removed
and reserved, and Figure 5 is revised to read as follows: Figure 5 to
Part 227--Net Diagram for the Excluder Panel of the Parker Soft TED.
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