[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Rules and Regulations]
[Pages 28761-28762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13394]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No.950427117-9138-08; I.D.051999A]
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: Temporary rule.
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SUMMARY: NMFS is closing for 2 weeks all inshore waters and offshore
waters out to 10 nautical miles (nm) (18.5 km) seaward of the COLREGS
demarcation line (as defined at 33 CFR part 80), bounded by 33 deg. N.
lat. and 34 deg. N. lat. within the leatherback conservation zone, to
fishing by shrimp trawlers required to have a turtle excluder device
(TED) installed in each net that is rigged for fishing, unless the TED
has an NMFS' approved escape opening large enough to exclude
leatherbacks. This action is necessary to reduce mortality of
endangered leatherback sea turtles incidentally captured in shrimp
trawls.
DATES: This action is effective from May 21, 1999 through 11:59 p.m.
(local time) on June 4, 1999.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, (727) 570-5312, or
Barbara A. Schroeder (301) 713-1401. For assistance in modifying TED
escape openings to exclude leatherback sea turtles, fishermen may
contact gear specialists at the NMFS, Pascagoula, MS, laboratory by
phone (228) 762-4591 or by fax (228) 769-8699.
SUPPLEMENTARY INFORMATION: The taking of sea turtles is governed by
regulations implementing the Endangered Species Act (ESA) at 50 CFR
parts 222 and 223 (see 64 FR 14051, March 23, 1999, final rule
consolidating and reorganizing ESA regulations). Generally, the taking
of sea turtles is prohibited. However, the incidental take 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
at 50 CFR 223.206, which include a requirement that shrimp trawlers
have a NMFS-approved TED installed in each net rigged for fishing. The
use of TEDs significantly reduces mortality 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.
Through a final rule (60 FR 47713, September 14, 1995), NMFS
established regulations to protect leatherback turtles when they occur
in locally high densities during their annual, spring northward
migration along the Atlantic seaboard. Within the leatherback
conservation zone, NMFS is required to close an area for 2 weeks when
leatherback sightings exceed 10 animals per 50 nm (92.6 km) during
repeated aerial surveys pursuant to 50 CFR 223.206(d)(2)(iv)(A) through
(C).
NMFS announced a 2-week closure on May 7, 1999 (64 FR 25460, May
12, 1999), affecting the portion of the leatherback conservation zone
between 32 deg. N. lat. and 33 deg. N. lat. The boundaries of the
closure correspond to those of shrimp fishery statistical zone
[[Page 28762]]
32. The closure was based on high concentrations of leatherbacks off
the South Carolina coast, observed during aerial surveys conducted on
April 27 and May 3. During those surveys, the highest concentrations
were noted in waters off the southern half of the state between Hilton
Head Island, SC, and at Kiawah Island, SC. After a May 11 aerial survey
reconfirmed the continued high abundance of leatherback turtles in that
closed zone, NMFS extended the closure for an additional week, through
May 28, 1999 (64 FR 27206, May 19, 1999). That survey also showed that
the leatherbacks were continuing to move slowly northward, as expected.
Concentrations of leatherbacks were noted between Murrels Inlet and
Myrtle Beach.
An aerial survey conducted on May 14, 1999, along a portion of the
South Carolina coast sighted 10 leatherback turtles over an
approximately 15 nm (28 km) trackline, beginning at approximately
33 deg.23' N. lat., 079 deg.07' W. long. (offshore Pawleys Island, SC)
and ending at approximately 33 deg.35' N. lat., 078 deg.57' W. long.
(offshore Surfside Beach, SC). A repeated survey along the same
trackline documented 12 leatherbacks on May 18, 1999. Therefore, the
Assistant Administrator for Fisheries, NOAA (AA), is closing, for 2
weeks, all inshore waters and offshore waters within 10 nm (18.5 km)
seaward of the COLREGS demarcation line, bounded by 32 deg. N. lat. and
33 deg. N. lat., within the leatherback conservation zone, to fishing
by shrimp trawlers required to have a TED installed in each net that is
rigged for fishing, unless the TED installed has an NMFS' approved
escape opening large enough to exclude leatherbacks, as set forth at 50
CFR 223.207(a)(7)(ii)(B) or 223.207(c)(1)(iv)(B). These regulations
specify modifications that can be made to either single-grid hard TEDs
or Parker soft TEDs to allow leatherbacks to escape. The boundaries of
the closed zone correspond to those of shrimp fishery statistical zone
33.
This action does not affect the current closure in zone 32. The May
18 aerial survey sighted 19 leatherbacks along two tracklines greater
than 50 nm (92.6 km) parallel to the South Carolina coast, south of
33 deg. N. lat. NMFS is therefore taking no action at this time to
extend the current closure beyond May 28, 1999, nor to re-open the area
closure.
NMFS will continue to monitor the the Georgia and South Carolina
coasts for the presence of leatherback sea turtles through weekly
aerial surveys. Continued high abundance of leatherbacks greater than
10 turtles per 50 nm (92.6 km) of trackline will require further
closure action, as per 50 CFR 223.206(d)(2)(iv)(B). If leatherback
sightings fall to 5 or fewer turtles per 50 nm (92.6 km) of trackline
in repeated surveys, then the AA may modify the closure or re-open the
area, as per 50 CFR 223.206(d)(4)(ii). NMFS will consult with the
appropriate state natural resource officials in the closed area in
making a determination to modify this closure or re-open the area, as
per 50 CFR 223.206(d)(4)(iv). Fishermen should monitor NOAA weather
radio for announcements.
The regulations at 50 CFR 223.206(d)(2)(iv) state that fishermen
operating in the closed area with TEDs modified to exclude leatherback
turtles must notify the NMFS Southeast Regional Administrator of their
intentions to fish in the closed area. This aspect of the regulations
does not have a current Office of Management and Budget control number,
issued pursuant to the Paperwork Reduction Act. Consequently, fishermen
are not required to notify the Regional Administrator prior to fishing
in the closed area, but they must still meet the gear requirements.
This closure has been announced on the NOAA weather channel, in
newspapers, and other media. Shrimp trawlers may also call Charles
Oravetz (see FURTHER INFORMATION CONTACT) for updated area closure
information.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The AA is taking this action in accordance with the requirements of
50 CFR 223.206(d)(2)(iv) to provide emergency protection for endangered
leatherback sea turtles from incidental capture and from drowning in
shrimp trawls. Leatherback sea turtles are occurring in high
concentrations in coastal waters in shrimp fishery statistical zone 32.
This action allows shrimp fishing to continue in the affected area and
informs fishermen of the gear changes that they can make to protect
leatherback sea turtles.
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 be provided with prior
notice and opportunity for comment because providing notice and comment
would prevent the agency from implementing the necessary action in a
timely manner to protect the endangered leatherback. Furthermore,
notice and opportunity to comment on this action were provided through
the proposed rule establishing these actions (60 FR 25663, May 12,
1995). For these reasons, good cause exists under 5 U.S.C. 553(d)(3)
not to delay the effective date of this rule for 30 days. As stated
above, the additional closure has been announced on the NOAA weather
radio, in newspapers, and other media, allowing time for the shrimp
fishery to comply with this rule.
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
requiring TED use in shrimp trawls and the regulatory framework for the
Leatherback Conservation Zone (60 FR 47713, September 14, 1995). Copies
of the EA are available (see ADDRESSES).
Dated: May 21, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-13394 Filed 5-21-99; 3:40 pm]
BILLING CODE 3510-22-F
