[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Rules and Regulations]
[Pages 25620-25623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11581]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 217, 222, and 227
[Docket No. 950427117-5117-01; I.D. 040395A]
RIN 0648-AH97
Sea Turtle Conservation; Restrictions Applicable to Shrimp Trawl
Activities; Leatherback Conservation Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this interim rule to establish all inshore and
offshore waters from Cape Canaveral, FL (28 deg.24.6' N. lat.) to the
North Carolina-Virginia border (36 deg.30.5' N. lat.) as the
leatherback conservation zone and to provide for short-term closures of
areas in that zone when high abundance levels of leatherback turtles
are documented. Upon such documentation, NMFS will prohibit, in the
closed areas, fishing by any shrimp trawler required to have a turtle
excluder device (TED) installed in each net that is rigged for fishing,
unless the TED installed is specified in the regulations as having an
escape opening large enough to exclude leatherback turtles. This
interim rule is necessary to reduce mortality of endangered leatherback
sea turtles incidentally captured in shrimp trawls. In addition, NMFS
is publishing a proposed rule elsewhere in this Federal Register to
establish on a permanent basis the leatherback conservation zone and
procedure for imposing short-term [[Page 25621]] restrictions designed
to protect leatherbacks.
EFFECTIVE DATE: This rule is effective on May 9, 1995.
ADDRESSES: Requests for a copy of the environmental assessment (EA) or
the contingency plan should be addressed to the Chief, Endangered
Species Division, Office of Protected Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910. Comments on the collection-of-
information requirement subject to the Paperwork Reduction Act (PRA) in
this interim rule should be directed to the Chief, Endangered Species
Division, Office of Protected Resources, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503, Attention: Desk Officer for NOAA.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, (813) 570-5312, or
Russell J. Bellmer, (301) 713-1401.
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S. waters are listed as either
endangered or threatened under the Endangered Species Act (ESA) of
1973. 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 fishing activities, have been documented in the
Gulf of Mexico and along the Atlantic seaboard.
Under the ESA and its implementing regulations, it is prohibited to
take sea turtles. The incidental taking of turtles during shrimp
fishing in the Atlantic Ocean off the coast of the southeastern United
States and in the Gulf of Mexico is excepted from the taking
prohibition pursuant to sea turtle conservation regulations specified
at 50 CFR 227.72, which include a requirement that shrimp trawlers have
a NMFS-approved TED installed in each net rigged for fishing throughout
the year. The use of TEDs significantly reduces mortalities of
loggerhead, green, Kemp's ridley, and hawksbill sea turtles. Because
leatherback turtles are larger than the escape openings of most NMFS-
approved TEDs, use of these TEDs is not an effective means of
protecting leatherback turtles.
As a result of their primarily pelagic existence, leatherbacks
normally occur outside of areas where they would be subject to taking
by shrimp trawlers. During most months of the year, leatherbacks are
not abundant in shrimping areas, and only isolated incidents of taking
by trawlers occur. However, the coastal waters of northern Florida,
Georgia, South Carolina, and North Carolina experience relatively high
abundance levels of leatherbacks as a periodic winter and spring
phenomenon. When leatherback abundance is high and shrimp trawlers are
fishing, leatherback stranding pulses have been documented on adjacent
beaches. A NMFS Biological Opinion prepared for a revision to the sea
turtle conservation regulations, published in the Federal Register on
December 4, 1992 (57 FR 57348), specifically addressed episodic
stranding events from Florida through North Carolina, and required NMFS
to develop and implement a contingency plan to solve this problem.
A contingency plan for protection of leatherback turtles on the
Atlantic seaboard that can be implemented, if necessary, was prepared
in cooperation with State officials from Florida, Georgia, and South
Carolina. The necessity for implementation of protective measures for
leatherback turtles is expected to be on an annual basis but only for
short periods of time in relatively small, specific, areas at any one
time. The plan considers several options to provide protection, and any
or all of them may be implemented, if necessary. These options include:
Closure of areas to all fishing, use of restricted tow times in lieu of
TEDs, mandatory observers, and use of NMFS-approved TEDs with escape
openings large enough to exclude leatherback turtles.
Aerial surveys have been conducted for sea turtles off the Florida
and Georgia coasts since 1988 and off the coast of South Carolina since
1993. Beginning in December or January each year, concentrations of
leatherback turtles occur in northeastern Florida waters. During the
month of March, leatherbacks begin moving north and usually enter
Georgia waters in late March or early April. Peak concentrations occur
in Georgia waters during April and May and by mid-June the
concentrations have left Georgia. Leatherback concentrations occur in
waters off South Carolina from late April generally through the first
part of June.
Shrimping occurs year round in northeastern Florida waters, but the
activity levels during any given month may vary from year to year.
Shrimp fishing is closed in the State waters of Georgia until June 1 of
each year, but shrimping begins in Federal waters off Georgia generally
in April or early May. The State of South Carolina opens its waters to
shrimping between May 15 and June 30, depending upon the presence of
shrimp. Shrimping in Federal waters off South Carolina generally begins
in early May. Based upon leatherback turtle concentration information
and normal shrimp fishing activities, the most likely period for shrimp
vessel interactions with leatherbacks in the leatherback conservation
zone is January through June each year.
Each spring for the last 2 years, NMFS has issued temporary 30-day
restrictions establishing a leatherback conservation zone (58 FR 28790,
May 17, 1993; 59 FR 23169, May 5, 1994; 59 FR 29545, June 8, 1994). The
only comment received in response to those restrictions is addressed
below:
Comment: A mechanism for imposing immediate, short-term gear
modifications, closures, and observer requirements in areas of
potential high conflict between commercial fisheries and endangered
species should be implemented on a systematic basis as part of NMFS
fisheries management and protected species programs. A permanent
solution should be adopted.
Response: NMFS agrees. Accordingly, by separate notice, NMFS is
proposing the permanent establishment of a leatherback conservation
zone and a procedure for imposing short-term restrictions designed to
protect leatherback sea turtles based on specified criteria. However,
this interim rule is being promulgated to address the immediate need to
protect leatherbacks this season, and will be superseded upon
promulgation of a final rule as a result of comments received upon the
proposed rule.
Requirements
This interim rule establishes a framework whereby short-term
closures may be instituted on an expedited basis in order to protect
leatherbacks. Specifically, the rule establishes all inshore and
offshore waters of the Atlantic area from Cape Canaveral, FL
(28 deg.24.6' N lat.), to the North Carolina-Virginia border
(36 deg.30.5' N lat.) as the ``leatherback conservation zone.''
During the months of January through June, NMFS will conduct weekly
aerial surveys of the leatherback conservation zone. If sightings of
leatherback turtles during such surveys exceed 10 animals per 50
nautical miles (nm) (92.6 km) of trackline, the survey will be
replicated [[Page 25622]] within 24 hours, or as soon as practicable
thereafter, to ensure that leatherback turtle presence is persistent in
the area. If surveys demonstrate the continued presence of large
concentrations of leatherbacks, NMFS will prohibit shrimp fishing in
these specific areas by any shrimp trawler required to have a NMFS-
approved TED installed in each net rigged for fishing, unless the TED
installed is one of the NMFS-approved TEDs described below. These TEDs
have been determined to have escape openings large enough to exclude
leatherbacks. In addition, owners and operators of vessels operating in
closed areas with an allowed TED, described below, must register with
the Director, Southeast Region, NMFS (Regional Director) in accordance
with 50 CFR 227.72(e)(6)(iv)(A) through (F). Upon written request by
the Regional Director, they must carry a NMFS-approved observer aboard
such vessel(s). A shrimp trawler in the leatherback conservation zone
must comply with the terms and conditions specified in such written
request, as well as provide information on trawling hours, gear
modifications and turtle captures.
Notice of specific area closures will be published in the Federal
Register and will be effective upon filing for public inspection at the
Office of the Federal Register. Closures will be announced immediately
on the NOAA weather channel, in newspapers, and other media. Areas with
high leatherback abundance as documented by the aerial surveys will be
closed for a period of 2 weeks. A closed area will include all, or a
portion of, inshore and offshore waters 10 nm (18.5 km) seaward of the
COLREGS demarcation line, bounded by 1 deg. lat. coinciding with the
trackline. Shrimp trawlers in the leatherback conservation zone are
responsible for monitoring the NOAA weather channel for closure
announcements. Shrimp trawlers may also call (813) 570-5312 for updated
area closure information.
NMFS-Approved TEDs With Escape Openings Large Enough for Leatherback
Sea Turtles
NMFS has approved modifications to the Taylor and the Morrison
TEDs, as well as a modification to the single-grid hard TED, that will
allow leatherback turtles to escape the trawl. Descriptions of the
Taylor and Morrison TED modifications are found at 50 CFR
227.72(e)(4)(iii)(E), and the modified single-grid hard TED is
described at 50 CFR 227.72(e)(4)(i)(G)(2)(ii).
Classification
This interim rule has been determined to be not significant for
purposes of E.O. 12866.
This interim rule establishes a registration program that includes
a collection-of-information requirement subject to the PRA, namely,
registration by vessels fishing in the leatherback conservation zone
from Cape Canaveral, Florida, to the Virginia-North Carolina border.
This collection has been approved by OMB under control number 0648-
0267. The public reporting burden for this collection of information is
estimated to average 7 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden, should be sent to NMFS and OMB
(see ADDRESSES).
Pursuant to section 553(b)(B) of the Administrative Procedure Act
(APA), the Assistant Administrator for Fisheries, NOAA, (AA) finds that
there is good cause to waive prior notice and opportunity to comment on
this interim rule. Delaying the establishment of the leatherback
conservation zone and the mechanism to impose restrictions or closures
would be impracticable and contrary to the public interest, because
relatively high levels of leatherback turtle abundance have been
reported recently in South Carolina waters. Closures and/or
restrictions may need to be imposed quickly when shrimp fishing effort
increases in that area in early May. This interim rule is needed at
this time so that shrimp trawlers will monitor NOAA weather radio and
prepare for closures and/or restrictions in specific areas where
relatively high leatherback sea turtle concentrations are identified.
Comments were solicited and received on the most recent temporary
restrictions (59 FR 29565, June 8, 1994). Also, comments were solicited
on the temporary rule establishing a leatherback conservation zone last
year (58 FR 28790, May 17, 1993). In addition, comments were solicited
on potential leatherback conservation measures (57 FR 57348, December
4, 1992), and a summary of the comments received and a response was
published (57 FR 40859, September 8, 1992). NMFS also solicited
comments in meetings with fishing groups and state officials concerning
this problem. Pursuant to section 553(d) of the APA, the AA finds there
is good cause to waive the otherwise required 30-day delay in effective
date for this action. Such delay is contrary to the public interest
because, as stated above, high concentrations of leatherbacks have been
reported in nearshore waters where shrimping may occur. In addition,
such delay is unnecessary because advance preparation is not necessary
to monitor the NOAA weather radio. While time may be needed to make the
appropriate modifications to a Taylor, Morrison, or hard grid TED,
restricted areas will be relatively small in size and shrimp trawlers
should be able to operate in other areas with existing gear.
The AA prepared an EA for the this interim rule and concludes that,
with specified mitigation measures, this action will have no
significant impact on the human environment.
List of Subjects
50 CFR Part 217
Endangered and threatened species, Exports, Fish, Imports, Marine
mammals, Transportation.
50 CFR Part 222
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and record keeping requirements,
Transportation.
50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: May 5, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 217, 222, and
227 are amended to read as follows:
PART 217--GENERAL PROVISIONS
1. The authority citation for part 217 continues to read as
follows:
Authority: 16 U.S.C. 1531-1544; and 742a et seq., unless
otherwise noted.
2. In Sec. 217.12, a definition of ``leatherback conservation
zone'' is added to read as follows:
Sec. 217.12 Definitions.
* * * * *
Leatherback conservation zone means all inshore and offshore waters
bounded on the south by a line along 28 deg.24.6' N. lat. (Cape
Canaveral, FL), and bounded on the north by a line along 36 deg.30.5'
N. lat. (North Carolina-Virginia border).
* * * * * [[Page 25623]]
PART 222--ENDANGERED FISH OR WILDLIFE
3. The authority citation for part 222 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543.
4. In subpart E, Incidental capture of endangered species,
Sec. 222.42 is added to read as follows:
Sec. 222.42 Special prohibitions relating to leatherback sea turtles.
Special prohibitions relating to leatherback sea turtles are
provided at Sec. 227.72(e)(2)(iv) of this chapter.
PART 227--THREATENED FISH AND WILDLIFE
5. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
6. In Sec. 227.72, paragraph (e)(2)(iv) is added to read as
follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(2) * * *
(iv) Gear requirement--leatherback conservation zone--(A)
Leatherback surveys. From January 1 through June 30 of each year,
weekly aerial surveys will be conducted (contingent upon weather
conditions) by NMFS or state agents in the leatherback conservation
zone (defined in Sec. 217.12 of this chapter). If sighting rates of
greater than 10 leatherback turtles per 50 nautical miles (92.6 km) of
trackline are observed, the aerial surveys of that area will be
replicated within 24 hours, or as soon as practicable thereafter.
(B) TED requirements and registration. If surveys pursuant to
(e)(2)(iv)(A) of this section indicate a sighting rate within the
leatherback conservation zone of greater than 10 leatherback sea
turtles per 50 nautical miles (92.6 km) of trackline, NMFS will close,
for a 2-week period, an area of the leatherback conservation zone
encompassing all, or a portion of, inshore waters and offshore waters
10 nautical miles (18.5 km) seaward of the COLREGS demarcation line,
bounded by 1 deg. lat. coinciding with the trackline, within the
leatherback conservation zone. Within such closed area, fishing by any
shrimp trawler required to have a NMFS-approved TED installed in each
net rigged for fishing is prohibited, unless the TED installed is one
described at paragraph (e)(4)(i)(G)(2)(ii) or paragraph (e)(4)(iii)(E)
of this section, and the owner or operator of the shrimp trawler has
notified the Director, Southeast Region, NMFS (Regional Director) of
his or her intention to fish in that area, in accordance with the
procedure provided in paragraphs (e)(6)(iv) (A) through (F) of this
section. If requested in writing from the Regional Director, owners and
operators of shrimp trawlers in the leatherback conservation zone must
carry NMFS-approved observers aboard such vessel(s). A shrimp trawler
in the leatherback conservation zone must comply with the terms and
conditions specified in such written request, as well as provide
information on trawling hours, gear modifications, and turtle captures.
(C) Notification. NMFS will immediately announce specific area
closures on the NOAA weather radio channel, in newspapers, and other
media. Specific area closures will be effective upon filing for public
inspection at the Office of the Federal Register. Owners and operators
of shrimp trawl vessels in the leatherback conservation zone are
responsible for monitoring the NOAA weather radio channel for closure
announcements. Shrimp trawlers may also call the Southeast Regional
Office at (813) 570-5312 to receive updated area closure information.
* * * * *
[FR Doc. 95-11581 Filed 5-9-95; 11:46 am]
BILLING CODE 3510-22-P
