[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10962]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040494B]
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental impact statement;
request for scoping comments.
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SUMMARY: NMFS announces its intention to prepare a proposed rule
pursuant to the Endangered Species Act (ESA) that would amend NMFS'
regulations relating to endangered and threatened species of sea
turtles. The purpose of this notice is to alert the interested public
of the commencement of a scoping process and to provide for public
participation in the preparation of the environmental impact statement
(EIS) as required by the National Environmental Protection Act (NEPA).
DATES: Written comments will be accepted by NMFS until June 6, 1994.
ADDRESSES: Written comments on this notice should be addressed to
William W. Fox, Jr., Ph.D., Director, Office of Protected Resources,
NMFS, 1335 East-West Highway, Silver Spring, MD, 20910.
FOR FURTHER INFORMATION CONTACT: Phil Williams, Acting Chief,
Endangered Species Division, (301) 713-2319; Doug Beach, Protected
Species Program Coordinator, NMFS Northeast Regional Office, (508) 281-
9254; or Charles A. Oravetz, Chief, Protected Species Program, NMFS
Southeast Regional Office, (813) 893-3366.
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S. waters are listed as either
endangered or threatened under the ESA. Kemp's ridley (Lepidochelys
kempii), leatherback (Dermochelys coriacea) and hawksbill (Eretmochelys
imbricata) turtles are listed as endangered. Loggerhead (Caretta
caretta), green (Chelonia mydas) and olive ridley (Lepidochelys
olivacea) turtles are listed as threatened, except for breeding
populations of green turtles in Florida and on the Pacific coast of
Mexico, and the breeding population of olive ridley turtles on the
Pacific coast of Mexico, which are listed as endangered.
In 1990, the National Academy of Sciences (NAS) completed a review
of the biology of sea turtles, and the causes and significance of their
decline. The NAS concluded that incidental capture in shrimp trawls
without turtle excluder devices (TEDs) is by far the leading cause of
human-induced mortality to sea turtles at sea, but collectively, the
activities in the non-shrimp fisheries constitute the second largest
source of mortality. The study identified finfish trawls, seine nets,
pompano gillnets, and various passive fishing gear such as sink
gillnets, weirs, traps and longlines as potential sources of mortality
to sea turtles.
NMFS is considering sea turtle conservation measures addressing
incidental takings in non-shrimp fisheries. NMFS is considering many
options, including: (1) Requiring the use of nets equipped with NMFS-
approved turtle excluder devices (TEDs) at certain times of the year by
non-shrimp bottom trawl fishing vessels fishing in waters of Delaware
through Texas, to protect threatened and endangered sea turtles; (2)
establishing a mandatory observer requirement in all fisheries that may
take sea turtles incidental to fishing operations; and (3) providing a
mechanism to allow NMFS to respond quickly to emergency situations that
threaten listed sea turtles. Through these management actions, NMFS
intends to protect endangered and threatened sea turtles in a manner
that is compatible with commercial fishing operations. NMFS intends to
solicit further public comments and to hold public hearings during the
rulemaking process.
1. TED-Use Requirement
Under the current regulations, most shrimp trawlers are required to
use TEDs in inshore and offshore waters from North Carolina through
Texas. Other bottom-trawl vessels using essentially the same equipment
are not required to use TEDs, despite operating in areas with turtles.
NMFS has determined that non-shrimp bottom trawlers, such as summer
flounder bottom trawlers, are as likely to capture and drown sea
turtles as are shrimp trawlers. Through an interim rule (58 FR 48797,
September 20, 1993), NMFS currently requires the summer flounder
fishery to use TEDs in the waters off North Carolina and southern
Virginia.
Turtle stranding and observation data suggest that turtles are
found year-round off portions of North Carolina, in the waters of
Virginia and Maryland from May through December, and in New York
coastal bays from July through October. Information on turtle
occurrence and capture is limited for areas north of Delaware Bay.
However, NMFS is collecting data on the possible incidental take of
turtles in the North Atlantic.
NMFS is considering requiring bottom trawlers operating in offshore
waters south of Cape May, NJ, to use TEDs, and is collecting
information regarding when and where bottom trawlers interact with sea
turtles. NMFS requests comments on bottom trawl gear and fisheries that
may capture sea turtles.
2. Mandatory Observer Coverage
Under the current regulations (50 CFR 227.72), NMFS must propose a
temporary rule in order to require mandatory observer coverage in any
non-shrimp fishery that may take sea turtles.
Non-shrimp fisheries using longlines, bottom trawls, gillnets,
pound nets and traps are suspected to be major causes of sea turtle
mortality at sea. The NAS recommended that NMFS conduct a comprehensive
observer-based assessment of incidental capture of sea turtles in non-
shrimp fisheries.
NMFS is considering establishing a mandatory observer requirement
in those fisheries that are not already required to carry observers
upon NMFS request. The observer system would require NMFS to publish a
finding that a specific fishery is believed to be taking sea turtles.
This finding would notify the fishery that the Regional Director may
require observers at any time, and will notify vessel owners by
personal communication. An observer requirement might also include a
registration requirement, observer access requirement and observer
treatment standards.
3. Emergency Response Framework
Under the current regulations (50 CFR 227.72), NMFS cannot take
timely action during emergencies that result in mass turtle strandings.
Unpredictable situations, despite compliance with current regulations,
may require immediate sea turtle conservation measures that cannot wait
for lengthy agency and public review. Emergency rulemaking can take 2
weeks to 2 months to implement, depending on the required measures and
complexity of the rule.
NMFS is considering the establishment of framework measures to
respond to specific sea turtle emergencies. For example, if NMFS
determines that high concentrations of small juvenile turtles that are
not excluded by standard TEDs are occurring with fishing activity, it
may notify the fishery (through the Federal Register and various media)
of immediate conservation measures such as gear modification,
observers, or area closures. Because the industry will have been
notified in advance through rulemaking that specific emergency measures
may be required for specific purposes, delayed effectiveness and prior
notice would not be required. Emergency conservation measures could be
in effect for up to 30 days.
(Authority: 42 U.S.C. 4332 et seq.; 16 U.S.C. 1531 et seq.)
Dated: April 28, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-10962 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-22-P
