[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12063]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 940539-4139; I.D. 050694I]
Sea Turtle Conservation; Approved Turtle Excluder Devices
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS is issuing a final rule, technical amendment, to the
regulations requiring shrimp trawlers in the Gulf of Mexico and the
Atlantic Ocean off the southeastern United States to use Turtle
Excluder Devices (TEDs) to reduce the incidental capture of endangered
and threatened sea turtles during shrimp trawling. The amendment
describes an escape opening for single-grid hard TEDs that may be used
to exclude leatherback turtles. It conforms to the generic design
criteria of TEDs, but is specifically devised to allow leatherback
turtles to escape. The intended effect of this rule is to increase the
options available to fishermen required to use certain TEDs when
leatherback turtles are abundant in certain areas if NMFS restricts
shrimping activity to protect leatherbacks.
EFFECTIVE DATE: May 13, 1994.
FOR FURTHER INFORMATION CONTACT: Phil Williams, NMFS National Sea
Turtle Coordinator (301-713-2319) or Charles A. Oravetz, Chief,
Protected Species Program, NMFS, Southeast Region (813-893-3366).
SUPPLEMENTARY INFORMATION:
Background
With certain exceptions, regulations at 50 CFR 227.72 require
shrimp trawlers in the Atlantic Area and Gulf Area to have NMFS-
approved TEDs installed in nets rigged for fishing. TEDs are designed
to allow sea turtles caught in shrimp trawls to escape. The regulations
currently allow the use of hard TEDS, which have rigid deflector grids
and meet specified generic design criteria, and soft TEDs, which have
deflector panels made from polypropylene or polyethylene webbing and
meet specified standards on construction and installation. The
dimensions of the escape openings of most approved TEDs are
insufficient for leatherbacks which are significantly larger than other
sea turtles.
Leatherback turtles usually occur in pelagic waters far removed
from shrimping activities. However, they are known to aggregate off the
coast of Florida in the winter and move north along the coasts of
Georgia, South Carolina, and North Carolina from early spring through
early summer. During some years, these aggregations appear in nearshore
areas where they are vulnerable to capture in shrimp trawl nets.
NMFS previously approved the Taylor TED and modifications to the
Morrison TED (May 17, 1993, 58 FR 28795) which are soft TEDs that
provide escape openings large enough for leatherbacks. Discussed below
is an escape opening/flap combination for single-grid hard TEDs that is
large enough to allow leatherbacks to pass through. This escape opening
and flap meet all the generic requirements for single-grid hard TEDs.
On May 5, 1994, NMFS issued a temporary rule (59 FR 23169) that
establishes all inshore and offshore waters from Cape Canaveral,
Florida, to the North Carolina-Virginia border as the leatherback
conservation zone and notifies owners and operators of shrimp trawlers
operating in that zone that short-term area closures may be required if
high abundance levels of leatherback turtles are documented this spring
and summer. NMFS will close those areas to any shrimp trawler required
to have a TED installed in each net that is rigged for fishing unless
the TED installed is a NMFS-approved Taylor TED, a Morrison TED
modified for leatherback turtles, or the single-grid hard TED with the
modification described below.
Leatherback Turtle Escape Opening for Single-Grid Hard TEDs
The following description includes approximate mesh sizes only to
provide a general indication of the size of the required openings. The
number of meshes will differ depending on the mesh size of each net.
The actual regulatory requirement is based on inches, and any
enforcement actions will be based on whether the escape opening for
single-grid hard TEDs meets the requirements in inches, not mesh size.
It is the responsibility of owners and operators of vessels using this
modification to the single-grid hard TED to ensure that the
measurements comply with the requirements of 50 CFR
227.72(e)(4)(i)(G)(2)(ii), which is based on inches.
A single-grid hard TED escape opening must be enlarged to allow
leatherback turtles to escape by cutting an exit hole in the extension
forward of the TED frame 26 inches deep (66 cm, about 16 meshes), on
each side, by 83 inches across (211 cm, about 51 meshes) (Figures 12a
and 12b). Excess webbing is removed by cutting across \1/2\ mesh
forward of the TED frame. The exit hole cover is made by cutting a 133-
inch by 58-inch (338 cm by 148 cm, or about 82 meshes by 36 meshes)
piece of webbing no smaller than 1\1/2\ inch (4 cm) stretch mesh and no
larger than 1\5/8\ inch (4.2 cm) stretch mesh. The 133-inch edge of the
cover is attached to the forward edge of the opening (83-inch edge)
with a sewing sequence of 3:2. The cover should overlap 5 inches (13
cm, about 3 meshes) of the exit hole on each side. The side of the
cover is attached, maintaining the 5-inch (13 cm, about 3 meshes)
overlap, to the side of the opening by sewing 28 inches (71 cm, about
17 meshes) of the cover to 26 inches (66 cm, about 16 meshes) of the
opening forward of the TED frame, and by sewing 15 inches (38 cm, about
9 meshes) of the cover to 15 inches (38 cm, about 9 meshes) of the
extension behind the TED frame. The cover may extend no more than 24
inches (61 cm) behind the posterior edge of the TED frame. The
circumference of the exit opening must be 142 inches (361 cm) when
stretched. If an accelerator funnel is used with a single-grid hard
TED, modified as above, it must also have a minimum circumference of
142 inches (361 cm).
Classification
Pursuant to section 553(b)(B) of the Administrative Procedure Act
(APA), the Assistant Administrator for Fisheries, NOAA, finds that it
is unnecessary and contrary to the public interest to provide prior
notice and opportunity for comment on this action because it merely
notifies the public that a particular escape opening has been
described. This opening is consistent with existing regulations for
hard TEDs, and can be used to allow the escape of leatherback turtles.
Because this action relieves a restriction, pursuant to section 553(d)
of the APA, 30-day delayed effectiveness for this action is not
required.
This rule is exempt from OMB review under E.O. 12866.
Because this final rule, technical amendment, is being issued
without prior public comment, a regulatory flexibility analysis is not
required under the Regulatory Flexibility Act and none has been
prepared.
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: May 12, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 227 is
amended as follows:
PART 227--THREATENED FISH AND WILDLIFE
1. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
2. In Sec. 227.72, paragraph (e)(4)(i)(G)(2) is redesignated
paragraph (e)(4)(i)(G)(2)(i), and a new paragraph (e)(4)(i)(G)(2)(ii)
is added to read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(4) * * *
(i) * * *
(G) * * *
(2) * * *
(ii) Escape opening for leatherback turtles.
A single-grid hard TED escape opening shall be enlarged to allow
leatherback turtles to escape by cutting an exit hole in the extension
forward of the TED frame 26 inches (66 cm) deep, on each side, by 83
inches (211 cm) across (Figures 12a and 12b of this part). Excess
webbing is removed by cutting across \1/2\ mesh forward of the TED
frame. The exit hole cover is made by cutting a 133-inch (338-cm) by
58-inch (148 cm) piece of webbing no smaller than 1\1/2\ inch (4 cm)
stretch mesh and no larger than 1\5/8\ inch (4.2 cm) stretch mesh. The
133-inch (338 cm) edge of the cover is attached to the forward edge of
the opening (83-inch (211-cm) edge) with a sewing sequence of 3:2. The
cover should overlap 5 inches (13 cm) of the exit hole on each side.
The side of the cover is attached, maintaining the 5-inch (13-cm)
overlap, to the side of the opening by sewing 28 inches (71 cm) of the
cover to 26 inches (66 cm) of the opening forward of the TED frame and
by sewing 15 inches (38 cm) of the cover to 15 inches (38 cm) of the
extension behind the TED frame. The cover may extend no more than 24
inches (61 cm) behind the posterior edge of the TED frame. The
circumference of the exit opening must be 142 inches (361 cm) when
stretched. If an accelerator funnel is used with a single-grid hard
TED, modified as above, it must also have a minimum circumference of
142 inches (361 cm).
* * * * *
3. Figures 12a and 12b are added to part 227 to read as follows:
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[FR Doc. 94-12063 Filed 5-13-94; 12:21 pm]
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