[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Proposed Rules]
[Pages 31696-31701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14826]
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DEPARTMENT OF COMMERCE
50 CFR Part 227
[Docket No. 950427119-5149-03; I.D.060195E]
RIN 0648-AH98
Sea Turtle Conservation: Restrictions Applicable to Shrimp
Trawling Activities; Additional Turtle Excluder Device Requirements
Within Certain Statistical Zones; Hearings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; notice of hearings.
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SUMMARY: NMFS is proposing to impose, for a 30-day period beginning
with the reopening of the waters off Texas, additional restrictions on
shrimp trawlers fishing in Gulf of Mexico offshore waters out to 10
nautical miles (nm)(18.5 km) from the COLREGS line, along a portion of
the Texas coast, between the Texas-Louisiana border and the line along
27 deg. N. lat. This area includes nearshore waters in shrimp fishery
statistical Zones 18, 19, and 20 and the westernmost portion of Zone 17
east to Sabine Pass, TX. The restrictions would include prohibitions on
the use by shrimp trawlers of soft turtle excluder devices (TEDs),
bottom-opening TEDs, flaps completely covering the escape opening of
TEDs, and try nets with a headrope length greater than 12 ft (3.6 m) or
a footrope length greater than 15 ft (4.5 m), unless the try nets are
equipped with approved TEDs other than soft or bottom-opening TEDs.
These restrictions would prevent the reoccurrence of high levels of
mortality and strandings of threatened and endangered sea turtles
documented in Texas after the waters off Texas are reopened to
shrimping.
DATES: Comments on this proposed rule must be submitted by July 3,
1995.
The hearings are scheduled as follows:
1. June 19, 1995, at 7 p.m., Galveston, TX
2. June 20, 1995, at 5 p.m., Rockport, TX
ADDRESSES: Comments on this proposed rule and requests for a copy of
the environmental assessment (EA) or supplemental Biological Opinion
prepared for this proposed rule should be addressed to the Chief,
Endangered Species Division, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910.
The hearings will be held at the following locations:
1. Texas-Galveston County Court House, (Jury room, 1st floor), 722
Moody Street, Galveston, TX 77550
2. Texas-Aransas County Court House (Commissioners Courtroom), 301
North Live Oak Street, Rockport, TX 78382.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, FAX:
813-570-5300 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 of 1973
(ESA). The Kemp's ridley (Lepidochelys kempi), 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 sea turtles as a result of
shrimp trawling activities have been documented in the Gulf of Mexico
and along the Atlantic seaboard. Under the ESA and its implementing
regulations, taking sea turtles is prohibited, with exceptions set
forth at 50 CFR 227.72. The incidental taking of turtles during shrimp
trawling in the Gulf and Atlantic Areas is excepted from the taking
prohibition, if the sea turtle conservation measures specified in the
sea turtle conservation regulations (50 CFR part 227, subpart D) are
employed. The regulations require most shrimp trawlers operating in the
Gulf of Mexico and Southeast U.S. Atlantic to have a NMFS-approved TED
installed in each net rigged for fishing, year round.
Recent Events
On April 30, 1995 (60 FR 21741, May 3, 1995), the sea turtle
conservation measures were revised, for a 30-day period expiring on May
30, 1995, for shrimp trawlers fishing in nearshore waters along two
sections of the Texas and Louisiana coast (statistical Zones 18 and 20,
and a portion of Zone 17) in order to ensure that ongoing shrimp
fishing would not likely jeopardize the continued existence of listed
species of sea turtles and that the incidental take level identified in
the incidental take statement (ITS) accompanying the Biological Opinion
issued November 14, 1994 (BO) on shrimp fishing would not be exceeded,
which would require reinitiation of consultation pursuant to 50 CFR
402.16. The revisions were imposed as temporary additional restrictions
pursuant to 50 CFR 227.72(e)(6). This provision states that such
restrictions may be imposed upon the determination of the Assistant
Administrator for Fisheries, NOAA (AA), that continued takings of sea
turtles by shrimp fishing are unauthorized, because they would violate
the restrictions, terms and conditions of the ITS issued with the BO or
would likely jeopardize the continued existence of a listed species.
The BO specifically requires that such restrictions be imposed
immediately when sea turtle takings, indicated or documented, reach 75
percent of the established incidental take levels. The restrictions
imposed were necessitated by the continued high rates of sea turtle
strandings occurring along areas of the Texas coast, and were
consistent with the BO and the NMFS Shrimp Fishery Emergency Response
Plan (ERP).
The BO required the development of a plan to respond to elevated
stranding levels. 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.
The ERP was signed by the AA on March 14, 1995, and was immediately
distributed widely among industry and environmental groups. A notice of
availability of the ERP was published in the Federal Register on April
21, 1995 (60 FR 19885), and comments are being accepted. In addition,
NMFS distributes weekly reports of stranding events and notices of
enforcement efforts and restrictions being implemented. NMFS is
currently in the process of revising the ERP based on comments
received.
A complete discussion of sea turtle strandings in Texas was
contained in the temporary restrictions published on May 3, 1995 (60 FR
21741), and only a summary of strandings is provided here. For the 3
consecutive weeks from April 9 through April 29, strandings in Zone 18
were 12, 16, 6 turtles per week, respectively. The temporary
restrictions went into effect on April 30, and strandings for the 2
consecutive weeks beginning April 30 through May 13 were 8, and 8
turtles per week, respectively. Forty of the 50 total turtles stranded
during this 5-week period were Kemp's ridleys. Texas offshore waters
[[Page 31697]]
out to 200 nm (370.6 km) were closed to shrimping on May 15, and only 1
turtle stranded in Zone 18 between May 14 and May 20. For the 3
consecutive weeks beginning April 9 and ending April 29, strandings in
Zone 20 were 3, 3, and 16 turtles per week, respectively. Seven of the
22 turtles were Kemp's ridleys. The temporary restrictions went into
effect on April 30, and only 3 turtles stranded in Zone 20 over the
next 3 weeks. These strandings approach or exceed the indicated take
levels established for those zones with the exception of Zone 18
following the closure of waters off Texas and Zone 20 following the
effective date of the temporary restrictions.
While the ERP's approach is to respond to increases in strandings
as they occur, this proposed rule seeks to anticipate and prevent
strandings before they occur. Many of the comments that NMFS received
on the temporary restrictions published on May 3 concerned the lack of
prior notice and opportunity for public comment (see Comments on the
Emergency Response Plan and Temporary Restrictions section below). NMFS
seeks to address this criticism by providing prior notice and an
opportunity for public comment through publishing this proposed rule,
which would impose certain restrictions upon the reopening of the
waters off Texas. Based on historical data, the thresholds identified
in the ERP and ITS likely will be reached and perhaps exceeded shortly
after the reopening of the waters off Texas if no additional
restrictions are imposed (see Texas Closure section below). NMFS
believes that, if the restrictions contained in this proposed rule are
not imposed effective upon the reopening of the waters off Texas, the
thresholds identified in the ERP will be met or exceeded and
restrictions pursuant to 50 CFR 227.72(e)(6) will need to be imposed
shortly thereafter, with little or no prior notice or opportunity for
prior public comment and little or no delayed effective date. In
addition, although this proposed rule is not based on the thresholds
identified in the ERP having been reached, it would impose the same
restrictions identified in the ERP and promulgated on May 3, and as
modified on May 18, 1995 (60 FR 26691). Given the relationship between
this rule, the ERP and the temporary restrictions imposed pursuant to
50 CFR 227.72(e)(6), NMFS considered the comments received on the ERP
and the temporary restrictions imposed on May 3, 1995 in developing
this proposed rule.
The Texas Closure
Every year, offshore waters along Texas boundaries are closed to
shrimp fishing out to 200 nm (370.6 km) for approximately 6 to 8 weeks
in the late spring and early summer. The Texas closure is coordinated
each year by State and Federal fishery managers to allow shrimp to grow
to more valuable sizes and increase profits in the fishery. The Texas
closure began this year on May 15 and will end no later than July 15.
The exact date of the reopening is set by the State of Texas, which
monitors shrimp sizes and distributions to determine the optimum time
to open the fishery. Over the last 5 years, the waters have always been
reopened earlier than July 15.
The reopening of waters off Texas after the closure is usually
marked by heavy shrimping activity, with many shrimp vessels from Texas
and other states participating. Sea turtle strandings in Texas
historically have been low during the closure and have increased
dramatically when the waters off Texas were reopened to shrimping. A
comparison of strandings during the last 4 weeks of the closure to
strandings during the first 4 weeks following the reopening to
shrimping, clearly illustrates this trend. For example, in 1990, 6 dead
turtles stranded on Texas offshore beaches in the 4 weeks before
reopening, while 51 dead turtles stranded in the 4 weeks following
reopening. In 1991, the corresponding stranding rates were 4 and 21; in
1992, 3 and 25; in 1993, 4 and 24. In 1994, 9 dead sea turtles stranded
in Texas during the 4 weeks prior to reopening, while 99 dead turtles
stranded in the 4 weeks following reopening. These data suggest an 8\1/
2\ fold increase in sea turtle strandings in Texas over the last 5
years following the reopening of the waters off Texas to shrimping.
NMFS and the U.S. Coast Guard maintained high levels of enforcement
of TED requirements throughout the waters off Texas prior to the Texas
closure. In addition, NMFS gear experts conducted skill-building
workshops in Texas during the spring to assist shrimpers regarding the
proper use of TEDs. Nonetheless, continued elevated sea turtle
strandings occurred in two statistical zones in Texas where shrimp
trawl effort was high, and this required NMFS to impose additional
restrictions to conserve listed sea turtles in accordance with the ERP.
Before the restrictions were implemented, total sea turtle strandings
in Texas were occurring at the same rate seen in 1994, which had been
determined to likely jeopardize the continued existence of the Kemp's
ridley sea turtle. Upon imposing the restrictions, however, strandings
were sharply reduced, as previously discussed.
Although NMFS and the U.S. Coast Guard will maintain high
enforcement levels when Texas Gulf waters open, NMFS does not believe
that this alone will be sufficient to maintain sea turtle mortalities
within the incidental take level specified in the ITS accompanying the
November 14, 1994, BO. Earlier this season, high enforcement presence
alone was not sufficient to prevent the sea turtle mortalities that
triggered the promulgation of restrictions in accordance with the ERP.
The historical stranding patterns indicate that sea turtle strandings
will likely rise very sharply when the waters off Texas reopen.
Indicated take levels likely would be reached or exceeded in one or
more zones in Texas, requiring NMFS to impose restrictions on an
emergency basis, in accordance with the ERP.
Given the likelihood of elevated sea turtle strandings following
the reopening of the waters off Texas to shrimping and the need to
impose restrictions on the shrimp fishery as an emergency response
thereto, NMFS believes that, in compliance with the ESA, it is in the
best interests of the shrimp fishery and the conservation of listed sea
turtles to impose restrictions on shrimp trawling upon the reopening of
the waters off Texas. Shrimp industry representatives have stated that
implementing emergency restrictions 2 weeks after the reopening would
be disruptive to shrimpers at the height of the shrimp season.
Furthermore, immediate implementation of restrictions might impair
their effectiveness because of difficulties in communicating the
restrictions to those who must comply and the time necessary to come
into compliance. If elevated sea turtle strandings continue, NMFS would
have to take more restrictive steps to protect sea turtles. NMFS is,
therefore, proposing this temporary rule, to be effective when waters
off Texas reopen to shrimping, in order to protect listed sea turtles,
reduce sea turtle strandings, reduce the possible need for further
restrictive measures, avoid disruption of fishing activities, and give
prior notice and an opportunity for prior comment. NMFS is proposing to
impose the same restrictions that were in place in waters off Texas
before the Texas closure, because many shrimpers are familiar with
those restrictions and have already made modifications to their gear to
bring that gear into compliance with the restrictions.
[[Page 31698]]
Comments on the Emergency Response Plan and Temporary Restrictions
As stated earlier, NMFS made the ERP available to all concerned
parties, accepting comments, and is currently in the process of
revising the ERP based on those comments. In addition, NMFS considered
those comments in developing this proposed rule. One commenter objected
to the possible restrictions on soft TEDs and asked that NMFS assess
alternatives to flap restrictions. The required use of TEDs in try nets
was stated to be acceptable and the commenter stated that many local
fishermen already used TEDs in try nets. NMFS has also received
proposals from several representatives of the shrimp fishery that set
forth alternative restrictions that would limit nearshore fishing
pressure and resulting levels of turtle capture, of which one has been
submitted as a petition for rulemaking pursuant to section 553(e) of
the Administrative Procedure Act (APA), and to which NOAA will respond.
In addition, NMFS has received comments supporting the ERP and the
imposition of additional restrictions on shrimp fishing.
NMFS received numerous comments on the temporary restrictions
published on May 3, 1995 (60 FR 21741). These came primarily by
telephone and at a meeting hosted by shrimp industry representatives
and attended by NMFS personnel on May 5, 1995, as well as at additional
meetings held between NMFS personnel and industry representatives on
May 12 and May 19.
Many shrimpers stated that the prohibition on the use of all try
nets without TEDs installed was unreasonable, because NMFS had not
provided any alternative that would allow them to monitor their catch
rates and catch composition, forcing them to fish inefficiently. NMFS
subsequently modified the temporary restrictions (60 FR 26691, May 18,
1995) to allow certain small try nets to be used without TEDs
installed.
NMFS also received many comments that both the ERP and the
temporary requirements were developed and implemented without adequate
notice and opportunity to comment, and without adequate time for the
shrimpers to come into compliance with the temporary restrictions. In
addition, several industry groups have recently filed suit against NMFS
alleging failure to comply with sections 553(b) and 553(d) of the APA
in promulgating of the ERP and the temporary restriction of May 3. The
APA requirement does not apply to interpretative rules, general
statements of policy, or rules of agency organization, procedure or
practice, and the delayed effective requirement does not apply to
interpretative rules and statements of policy. Additionally, the APA
provides that an agency may for good cause find that advance notice and
opportunity for comment, as well as a delayed effective date, may be
impracticable, unnecessary or contrary to the public interest.
Nevertheless, NMFS recognizes the concerns of shrimpers that prior
notice, opportunity for prior public comment, and delayed effective
date should be provided to the greatest extent possible. The purpose of
the ERP is to provide notice to the public as to when and what
additional restrictions NMFS likely is to impose as strandings of
listed sea turtles increased or non-compliance with requirements
increased. This proposed rule likewise serves to give the prior public
notice an opportunity for prior public comment on restrictions before
the thresholds in the ERP are met.
Provisions of the Proposed Rule
This proposed rule would prohibit fishing by shrimp trawlers (as
defined in 50 CFR 217.12), starting 12:01 a.m. (local time) on the day
of the reopening of the waters off Texas to shrimp fishing and ending
11:59 p.m. (local time) 30 days after the reopening, in offshore
waters, seaward to 10 nm (18.5 km) from the COLREGS line, bounded
between the line along 27 deg. N. lat. and the line along 93 deg.50.3'
W. long. (the Texas-Louisiana border), unless they are in compliance
with the following prohibitions and all other applicable provisions in
50 CFR 227.72(e):
1. The use of soft TEDs described in 50 CFR is prohibited.
2. The use of hard TEDs with bottom escape openings and special
hard TEDs with bottom escape openings is prohibited. Approved hard TEDs
and special hard TEDs must be configured with the slope of the
deflector bars upward from forward to aft and with the escape opening
at the top of the trawl.
3. The use of try nets with a headrope length greater than 12 ft
(3.6 m) or a footrope length greater than 15 ft (4.6 m) is prohibited
unless a NMFS-approved top-opening, hard TED or special hard TED is
installed when the try nets are rigged for fishing. Try nets with a
headrope length 12 ft (3.6 m) or less and a footrope length 15 ft (4.6
m) or less would be exempt from the TED-use requirement in accordance
with paragraph (e)(2)(ii)(B)(1).
4. The use of a webbing flap that completely covers the escape
opening in the trawl is prohibited. Any webbing that is attached to the
trawl, forward of the escape opening, must be cut to a length so that
the trailing edge of such webbing does not approach to within 2 inches
(5.1 cm) of the posterior edge of the TED grid. The requirements for
the size of the escape opening would be unchanged.
The proposed rule would suspend for a 30-day period all provisions
in 50 CFR 227.72(e), including, but not limited to 50 CFR
227.72(e)(2)(ii)(B)(1) (use of try nets), 50 CFR 227.72(e)(4)(iii)
(Soft TEDs), 50 CFR 227.72(e)(4)(i)(F) (Position of escape opening),
and 50 CFR 227.72(e)(4)(iv)(C) (Allowable modification to TEDs), that
are not consistent with these prohibitions.
This proposed rule would also require owners and operators of
shrimp trawlers in the area subject to temporary restrictions to carry
a NMFS-approved observer aboard their vessel(s), if directed to do so
by the Director, Southeast Region, NMFS, upon written notification sent
to either the address specified for the vessel registration or
documentation purposes, or otherwise served on the owner or operator of
the vessel. Owners and operators and their crew would be required to
comply with the terms and conditions specified in such written
notification.
These restrictions would allow shrimp trawling to continue in the
affected area while providing heightened protection for sea turtles.
The use of those TEDs with the greatest potential for turtle capture
would be prohibited. Although soft TEDs and bottom-opening TEDs have
generally been approved for use, NMFS believes that they may not be as
effective at releasing turtles, particularly small juvenile turtles,
under some conditions, as top-opening hard TEDs. NMFS researchers have
determined through recent in-water testing that small turtles require
almost twice as long to escape from a bottom-opening TED than from a
top-opening TED (average 125.6 seconds vs. average 68.8 seconds) under
ideal conditions. NMFS has previously promulgated regulations to
address and discuss other problems with bottom-opening hard TEDs (59 FR
33447, June 29, 1994; 60 FR 15512, March 24, 1995).
Try nets without an approved TED installed would be prohibited
except for small try nets. While try nets have been exempted from the
requirement to have a TED installed, because they are only intended for
use in brief sampling tows not likely to result in turtle mortality,
turtles are, however, caught in try nets. Either through repeated
captures or long tows, try nets can contribute to the mortality of sea
turtles. Takes of sea turtles in try nets, including one mortality,
have been documented by NMFS.
[[Page 31699]]
Finally, use of full length webbing flaps would be prohibited.
While full length flaps have been permitted to help reduce shrimp loss
with TEDs, such flaps may hinder turtle release. In a top-opening TED,
high pressure is generated above the trawl net, which forces the
webbing flap closed, while in a bottom-opening TED the weight of the
TED grid can pin the webbing flap shut over the escape opening. Testing
has shown that turtles escape more readily from TEDs with shortened
flaps than from TEDs with long flaps (55.2 second average escape time
vs. 68.8 second average escape time). Additionally, the webbing flap
can be sewn shut to disable the TED deliberately. Underwater
investigations of the performance of top-opening TEDs with shortened
webbing flaps indicated that the shortened webbing flap should not
contribute to any shrimp loss. Under this proposed rule, only approved
hard TEDs and special hard TEDs with top escape openings and shortened
flaps that do not cover the escape opening would be allowed in shrimp
trawls in the affected area.
Additional Conservation Measures
The AA may issue a determination that incidental takings of listed
species during fishing activities are unauthorized, and, pursuant
thereto, may restrict fishing activities in order to conserve
threatened and endangered species. The regulatory authority for this is
codified at 50 CFR 227.72(e)(6), and guidance in determining
unauthorized takings and in setting restrictions is set forth in the
ERP. NMFS will continue to monitor sea turtle strandings and will
implement the provisions of the ERP as necessary. If offshore sea
turtle strandings in any statistical zones in Texas persist at or above
75 percent of the indicated take level for 4 weeks, NMFS will follow
the guidance in the ERP to determine whether to limit fishing effort,
as required, in the offshore waters of the zones affected by elevated
strandings, seaward to 10 nm (18.5 km) from the COLREGS line, for a
period of 30 days. Contiguous statistical areas or portions of those
areas may be included in the restrictions as necessary. These
restrictions may apply to gear types/vessels currently exempted from
the TED requirement at 50 CFR 227.72(e)(2)(ii) (A) and/or (B). Area
restrictions will be promulgated through emergency rulemaking notices
pursuant to the procedures set forth at 50 CFR 227.72(e)(6).
Request for Comments
NMFS will accept written comments (see ADDRESSES) on this proposed
rule for a 15-day period from date of publication in the Federal
Register. In addition, NMFS will conduct two public hearings on this
action (see ADDRESSES).
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule would not
have significant economic impact on a substantial number of small
entities, because these restrictions would impose only a minor economic
burden on shrimp fishermen. The predominant TED design in use in the
affected area is a bottom-opening hard grid TED. Bottom-opening hard
grid TEDs can be modified to comply with the requirements of this rule
in one to two hours with little, if any, cost. Any webbing flap over
the escape opening can be shortened in less than 10 minutes. Trawlers
equipped with only soft TEDs would have to move out of the affected
area, either offshore or alongshore, or to equip their nets with hard
TEDs. Hard grid TEDs are available for as little as $75.00 and take
only a few hours to install.
The AA prepared an EA for this proposed rule and copies are
available (see ADDRESSES).
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: June 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 227 is
proposed to be 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)(2)(v) is added to read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(2) * * *
(v) Gear requirements--Offshore waters along Texas--(A) Gear
restrictions. Any shrimp trawler is prohibited from fishing in offshore
waters, seaward to 10 nm (18.5 km) from the COLREGS line, bounded
between the line along 27 deg. N. lat. and the line along 93 deg.50.3'
W. long. (the Texas-Louisiana border) unless it is in compliance with
the prohibitions in paragraphs (e)(2)(v)(A) (1) through (4) of this
section, and all other applicable provisions to Sec. 227.72(e), unless
such provisions do not conform to the prohibitions in paragraphs
(e)(2)(v)(A) (1) through (4) of this section. Any provision in this
section, including but not limited to, paragraph (e)(2)(ii)(B)(1) of
this section (use of try nets), paragraph (e)(4)(iii) of this section
(Soft TEDs), paragraph (e)(4)(i)(F) of this section (Position of escape
opening), and paragraph (e)(4)(iv)(C) of this section (Allowable
modification to TEDs), that does not conform to the prohibitions in
paragraphs (e)(2)(v)(A) (1) through (4) of this section is suspended
for the duration of this rule.
(1) The use of soft TEDs is prohibited.
(2) The use of hard TEDs with bottom escape openings and special
hard TEDs with bottom escape openings is prohibited. Approved hard TEDs
and special hard TEDs must be configured with the slope of the
deflector bars upward from forward to aft and with the escape opening
at the top of the trawl.
(3) The use of try nets with a headrope length greater than 12 ft
(3.6 m) or a footrope length greater than 15 ft (4.5 m) is prohibited
unless a NMFS-approved top-opening, hard TED or special hard TED is
installed when the try nets are rigged for fishing. Try nets with a
headrope length 12 ft (3.6 m) or less and a footrope length 15 ft (4.5
m) or less are exempt from the TED-use requirement in accordance with
paragraph (e)(2)(ii)(B)(1) of this section.
(4) The use of a webbing flap that completely covers the escape
opening in the trawl is prohibited. Any webbing that is attached to the
trawl, forward of the escape opening, must be cut to a length so that
the trailing edge of such webbing does not approach to within 2 inches
(5.1 cm) of the posterior edge of the TED grid. The requirements for
the size of the escape opening set forth in paragraph (e)(4)(i)(G) of
this section apply (see Figure 14 to part 227).
(B) Monitoring. Shrimp trawlers operating in offshore waters,
seaward to 10 nm (18.5 km) from the COLREGS line, bounded between the
line along 27 deg. N. lat. and the line along 93 deg.50.3' W. long.
(the Texas-Louisiana border) must carry a NMFS-approved observer aboard
such vessel(s) if directed to do so by the Southeast Regional,
Director, upon written notification sent to either the address
specified for the vessel registration or documentation purposes,
[[Page 31700]]
or otherwise served on the owner or operator of the vessel. Owners and
operators and their crew must comply with the terms and conditions
specified in such written notification. All NMFS-approved observers
will report any violations of this section, or other applicable
regulations and laws; such information may be used for enforcement
purposes.
* * * * *
3. Figure 14 to part 227 is added to read as follows:
BILLING CODE 3510-22-W
[[Page 31701]]
[GRAPHIC][TIFF OMITTED]TP16JN95.002
[FR Doc. 95-14826 Filed 6-13-95; 3:27 pm]
BILLING CODE 3510-22-C
