[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19885-19886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9877]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040495C]
Endangered and Threatened Wildlife; Notice of Availability of the
Sea Turtle/Shrimp Fishery Emergency Response Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
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SUMMARY: NMFS announces the availability of an Emergency Response Plan
(ERP) for protecting sea turtles in shrimp fishery operations. The ERP
provides a general statement of policy with respect to NMFS'
enforcement practice and use of future rulemaking in response to
elevated sea turtle strandings associated with shrimping effort and
ensures compliance with sea turtle conservation regulations.
DATES: The Sea Turtle/Shrimp Fishery Emergency Response Plan (ERP)
describes NMFS policy as of March 14, 1994.
ADDRESSES: Persons wishing to obtain a copy of the ERP should address
correspondence to the Protected Species Branch, National Marine
Fisheries Service, Southeast Regional Office, 9721 Executive Center
Drive, St. Petersburg, FL, 33702 telephone: 813-570-5312.
[[Page 19886]] FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz,
813-570-5312, or Russell Bellmer, 301-713-1401.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 7 of the Endangered Species Act (ESA), 16
U.S.C. 1531 et seq., NMFS consults on shrimp fishing operations in the
southeastern United States that may affect sea turtles listed as
threatened or endangered under the ESA. These shrimp fishing operations
are managed, in part, under the Gulf of Mexico Shrimp Fishery
Management Plan and the South Atlantic Shrimp Fishery Management Plan,
both implemented pursuant to the Magnuson Fisheries Management and
Conservation Act, 16 U.S.C. 1801 et seq., and the Sea Turtle
Conservation Regulations at 50 CFR 227.72, implemented under the ESA.
Unprecedented levels of sea turtle stranding levels in Texas,
Louisiana, and Georgia associated with shrimp fishing during 1994
resulted in a reinitiation of consultation pursuant to 50 CFR 402.16 on
shrimp fishing in the southeastern United States. The resulting
Biological Opinion (Opinion), issued on November 14, 1994, concluded
that continued long-term operation of the fishery under the current
management regime was likely to jeopardize the continued existence of
the Kemp's ridley and prevent the recovery of loggerheads, but
identified a reasonable and prudent alternative to allow the fishery to
continue while avoiding jeopardy. One of the components of the
alternative was to develop an ERP by March 14, 1995, to ensure
compliance with sea turtle conservation regulations and respond to sea
turtle stranding events. The ERP provides internal guidance and policy
on NMFS' enforcement efforts and seeks to use future rulemaking to meet
these goals. The ERP is available for public information, and NMFS will
accept public comments.
The scope of the ERP extends to waters 10 nautical miles (18.5 km)
seaward of the COLREGs demarcation line (72 COLREGs) as described in 33
CFR part 80. This includes offshore waters, and does not include bays,
estuaries and sounds.
The Opinion includes an incidental take statement identifying the
expected impact of takings as a result of shrimp fishing. The Opinion
provides that strandings of sea turtles will be considered an indicator
of nearshore mortality resulting from shrimp fishing during periods
when intensive shrimping effort occurs and there are no significant or
intervening natural or human sources of mortality other than shrimping
conclusively identified as the cause of the strandings. The ERP
provides procedures for notification of strandings by Sea Turtle
Stranding and Salvage Network coordinators to NMFS. The ERP also
provides procedures for public dissemination of stranding report
summaries, enforcement activities, and management measures.
In addition, the ERP provides internal guidelines for enforcement
actions and future management measures to be implemented through
rulemaking. The purpose of the ERP in providing this guidance is to
take a progressive approach in avoiding increased levels of strandings
as those levels approach the incidental take level identified in the
Opinion.
The ERP identifies two areas in which strandings of Kemp's ridley
sea turtles are historically high: The Northern Gulf Interim Special
Management Area, including waters off Louisiana and Texas, and the
Atlantic Special Management Area, including waters off northeast
Florida and Georgia, from the COLREGS line out to 10 nautical miles
(18.5 km). From April 1 through November 30, members of a trained
Turtle Excluder Device (TED) law enforcement team will investigate
compliance with TED regulations in these areas. If strandings exceed 75
percent of the weekly incidental take levels, identified in the
Opinion, for 2 consecutive weeks, management measures will be
implemented through separate rulemaking pursuant to 50 CFR 227.72(e)(6)
and the Administrative Procedure Act, 5 U.S.C. 551 et seq. (APA). These
measures will remain in effect for 30 days in those NMFS statistical
zones in which elevated strandings occur and adjacent statistical zones
(or portions of adjacent zones), seaward of the COLREGs line to 10
nautical miles (18.5 km). These measures are expected to be:
1. Prohibition of the use of soft TEDs;
2. Prohibition of the use of bottom opening TEDs;
3. Prohibition of the use of try nets, unless equipped with legal
TEDs; and
4. Prohibition of the use of flaps over the escape opening of TEDs.
Changes to the size and extent of the restricted area, or
modification of restrictions, may be required through additional
rulemaking effective for 30 days.
Continued elevated strandings associated with shrimping effort
after the above restrictions have been implemented may result in
closures to shrimp fishing in the NMFS statistical zones in which
elevated strandings occur and adjacent statistical zones (or portions
of adjacent zones), seaward of the COLREGs line to 10 nautical miles
(18.5 km). Area closures, if necessary, will be implemented through
separate rulemaking pursuant to the procedures identified at 50 CFR
227.72(e)(6) and the APA. Changes to the size and extent of the area
closures, or modification of restrictions, may be required, through
additional rulemaking, effective for 30 days.
The ERP further provides for procedures in the event that the
Agency determines that such management measures are not necessary
despite elevated stranding levels.
Lastly, the ERP provides for stranding notification procedures,
procedures regarding enforcement efforts, and procedures for taking
management measures in areas outside the Interim Special Management
Areas.
The Opinion, in addition to the ERP, requires a number of other
management initiatives. In fulfilling these requirements, permanent
rules may be prepared establishing special sea turtle management areas
and/or contingency restrictions to the shrimp fishery. Such rulemaking
will be done through normal rulemaking procedures, including
publication of a proposed rule with a public comment period and, as
appropriate, public hearings, prior to publication of a final rule and
delayed effective date.
Dated: April 5, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 95-9877 Filed 4-20-95; 8:45 am]
BILLING CODE 3510-22-F
