[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Rules and Regulations]
[Pages 32121-32126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15047]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 217 and 227
[Docket No. 950427119-5152-04; I.D. 061295B]
RIN 0648-AH98
Sea Turtle Conservation: Restrictions Applicable to Shrimp
Trawling Activities; Additional Turtle Excluder Device Requirements
Within Certain Fishery Statistical Zones
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary additional restrictions on fishing by shrimp trawlers
in the nearshore waters off Georgia to protect sea turtles; request for
comments.
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SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions
on shrimp trawlers fishing in the Atlantic Area in offshore waters out
to 10 nautical miles (nm)(18.5 km) from the COLREGS line, between
30 deg.45' N. lat. and 32 deg.03' N. lat. This area includes nearshore
waters in NMFS fishery statistical Zone 31, a small part of the
southern portion of statistical Zone 32, [[Page 32122]] and
approximately 18 miles (29.0 km) of the northern portion of statistical
Zone 30. The restrictions include prohibitions on the use by shrimp
trawlers of: soft turtle excluder devices (TEDs); bottom-opening TEDs;
webbing flaps that completely cover the escape opening of TEDs; and try
nets with a headrope length greater than 12 ft (3.6 m) and 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. This action
is necessary to prevent the continuation of high levels of mortality
and strandings of threatened and endangered sea turtles.
DATES: This action is effective at 12:01 a.m. (local time) June 21,
1995 through 11:59 p.m. (local time) July 20, 1995. Comments on this
action must be submitted by July 21, 1995.
ADDRESSES: Comments on this action and requests for a copy of the
environmental assessment (EA) or supplemental biological opinion (BO)
prepared for this action should be addressed to the Chief, Endangered
Species Division, Office of Protected Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or
Russell 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 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 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 (as defined in 50 CFR 217.12)
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.
The conservation regulations provide a mechanism to implement
further restrictions of fishing activities, if necessary to avoid
unauthorized takings of sea turtles that may be likely to jeopardize
the continued existence of listed species or that would violate the
terms and conditions of an incidental take statement or biological
opinion. Upon a determination that incidental takings of sea turtles
during fishing activities are not authorized, additional restrictions
may be imposed to conserve listed species and will be imposed if
necessary to avoid unauthorized takings that may be likely to
jeopardize the continued existence of a listed species. Restrictions
may be effective for a period of up to 30 days and may be renewed for
additional periods of up to 30 days each (50 CFR 227.72(e)(6)).
Biological Opinion
On November 14, 1994, NMFS issued a Biological BO, that concluded
that the continued long-term operation of the shrimp fishery in the
nearshore waters of the southeastern U.S. was likely to jeopardize the
continued existence of the highly endangered Kemp's ridley. In
addition, while the long-term operation of the shrimp fishery would not
likely jeopardize the continued existence of loggerheads, it could
prevent the recovery of this species. This BO resulted from an ESA
section 7 consultation that was reinitiated in response to the
unprecedented number of dead sea turtles that stranded along the coasts
of Texas, Louisiana, Georgia, and Florida in the spring and summer of
1994, coinciding with heavy nearshore shrimp trawling activity.
Pursuant to section 7(b)(3) of the ESA, NMFS provided a reasonable and
prudent alternative to the existing management measures that would
allow the shrimp fishery to continue without jeopardizing the continued
existence of the Kemp's ridley sea turtle. In addition, the BO was
accompanied by an Incidental Take Statement (ITS), pursuant to section
7(b)(4)(i) of the ESA, that specifies the impact of such incidental
taking on the species. The ITS provides two levels to identify the
expected incidental take of sea turtles by shrimp fishing. The
incidental take levels are based upon either documented takes or
indicated takes measured by stranding data. Stranding data are
considered an indicator of lethal take in the shrimp fishery during
periods in which intensive shrimping effort occurs and there are no
significant or intervening natural or human sources of mortality, other
than shrimping, conclusively identified as the cause of the strandings.
NMFS has established an indicated take level (ITL) by identifying
the weekly average number of sea turtle strandings documented in each
NMFS statistical zone for the last 3 years (taking into consideration
anomalous years). In Texas and Georgia, where strandings were
anomalously high in 1994, the years 1991-93 were used to determine
historical levels. The weekly average was computed as a 5-week running
average (2 weeks before and after the week in question) to reflect
seasonally fluctuating events such as fishery openings and closures and
turtle migrations. The ITL for each zone was set at 2 times the weekly
3-year stranding average. For weeks and zones where the historical
average was less than one, the ITL was set at two strandings.
As discussed below, consultation was again reinitiated as a result
of high levels of strandings in the Gulf this year, and concluded with
the issuance of a biological opinion on April 26, 1995. This BO
reaffirmed the reasonable and prudent alternative and incidental take
statement provided on November 14, 1994.
The Emergency Response Plan
The reasonable and prudent alternative of the November 14, 1994, BO
and the accompanying ITS required NMFS to develop and implement an
Emergency Response Plan (ERP) to respond to future stranding events and
to ensure compliance with sea turtle conservation measures. The
Assistant Administrator for Fisheries, NOAA (AA) approved the ERP on
March 14, 1995, and published a notice of availability on April 21,
1995 (60 FR 19885). Comments on the ERP are being accepted. The ERP
provides for elevated enforcement of TED regulations in two areas in
which strandings of Kemp's ridley sea turtles historically have been
high. The first, the Atlantic Interim Special Management Area, includes
shrimp fishery statistical Zones 30 and 31 (northeast Florida and
Georgia). The second, the Northern Gulf Interim Special Management
Area, includes statistical Zones 13 through 20 (Louisiana and Texas
from the Mississippi River to North Padre Island). The ERP also
establishes procedures for notifying NMFS of sea turtle stranding
events, and provides guidelines for implementation of temporary
restrictions to prevent take levels in the BO from being
exceeded. [[Page 32123]]
As described in the ERP, restrictions in addition to those already
imposed by 50 CFR 227.72(e) will be placed on shrimping in the Interim
Special Management Areas if 75 percent or more of the ITL is reached
for 2 consecutive weeks. The restrictions originally identified in the
ERP (60 FR 19885, April 21, 1995) and imposed in certain statistical
areas in the Gulf of Mexico (60 FR 21741, May 3, 1995) were modified
subsequently (60 FR 26691, May 18, 1995). A detailed discussion of
those restrictions, the modification, and reasons therefor, is provided
in those notices and is not repeated here.
As described in the ERP, when strandings remain elevated for 1
month in zones outside the Interim Special Management Areas, NMFS, upon
the determination of the Director, Southeast Region, NMFS (Regional
Director), may implement management actions, similar to those specified
for the Interim Special Management Areas.
Recent Stranding Events
Sea turtle strandings on offshore beaches in a number of NMFS
fishery statistical zones in the southeastern U.S. have exceeded the
established ITLs specified in the November 14, 1994, BO, during 1995.
Temporary restrictions on shrimp fishing were imposed in some zones of
Texas and western Louisiana on April 27, 1995 (60 FR 21741, May 3,
1995), in response to elevated strandings within those zones. Recent
strandings in Georgia and South Carolina appear to be closely
correlated with the opening of state waters to shrimp fishing, as
delineated below.
South Carolina
South Carolina waters, which fall within NMFS statistical Zones 32
and 33, were opened to shrimping on May 16, 1995. Reported strandings
on offshore beaches of South Carolina increased beginning on May 17,
and exceeded the ITL in Zone 32 by the end of the week of May 28.
Strandings again reached the ITL during the week beginning May 28. The
ITL was exceeded in Zone 33, beginning May 21, and approached the ITL
for the week beginning May 28. Many of the strandings reported in Zone
33 earlier in the spring occurred in North Carolina in the northern
portion of the Zone. Four weekly averages (May 7 through June 3) for
Zones 32 and 33, have approached 75 percent of, or exceeded, the ITL;
however, the strandings have not remained elevated throughout the
entire period. Enforcement efforts have been increased in response to
strandings, and as described in the ERP, restrictions will be initiated
in the waters off South Carolina if stranding levels remain elevated.
Shrimping effort was elevated during the week following the May 16
opening of South Carolina waters, with 280 trawlers observed, including
200 in the vicinity of Charleston on May 17, 1995. During an aerial
survey conducted on May 23, 1995, 95 vessels were observed. Georgia
waters opened to shrimp fishing on June 1, 1995, which may have
resulted in reduced effort off South Carolina as vessels moved south.
Additionally, tropical storm Allison, which prevented an aerial survey
in early June, may also have reduced effort. An aerial survey conducted
on June 7, 1995, documented 120 shrimp vessels operating within 1 mile
(1.9 km) of the South Carolina offshore beaches.
Georgia
The Georgia coastline encompasses the northern 18 miles (29.0 km)
of NMFS shrimp statistical Zone 30, all of Zone 31, and a few miles of
the southern portion of Zone 32. Zones 30 and 31 are both within the
Atlantic Interim Special Management Area. Georgia waters were opened to
shrimping on Thursday, June 1, 1995. During the week beginning May 28,
21 strandings were reported on Georgia offshore beaches, including 1
Kemp's ridley. Fifteen of these strandings, including the ridley,
occurred in Zone 31, compared to an ITL of 8. While a number of these
turtles stranded before the June 1, 1995, opening, reports of vessels
fishing within state waters prior to the opening have been received and
are being investigated by enforcement personnel. During an aerial
survey conducted over nearshore Georgia waters on June 1, 1995, 351
shrimp vessels were observed. Between June 4 and June 8, 1995, 24
strandings were reported on Georgia offshore beaches, including 6
Kemp's ridleys. The combined ITL for Zones 30 and 31 (which includes a
small, northern portion of the Florida coastline) is 16.
Enforcement observations suggest that compliance with the TED
requirements of the sea turtle conservation regulations is high in
Georgia and South Carolina. Soft TEDs were observed in almost 50
percent of the nets inspected by enforcement agents in Georgia and
South Carolina waters this year, and all hard-grid TEDs observed had
bottom escape openings. State enforcement personnel and resource
managers confirm these observations. As discussed herein, although soft
TEDs and bottom-opening hard TEDs have been generally approved for use
under the sea turtle conservation regulations, based on the best
available information, NMFS concludes that they are not as effective in
releasing turtles, under some conditions, as top-opening hard TEDs.
Additionally, anecdotal accounts suggest that shrimpers off Georgia are
taking high numbers of sea turtles in try nets. Law enforcement
personnel stated that a fisherman reported that another individual
caught 25 sea turtles in try nets with a headrope length of 20 ft (6.1
m) in 2 days of fishing.
Analysis of Other Factors
NMFS and state personnel have investigated factors other than
shrimping that may contribute to sea turtle mortality in Georgia and
South Carolina, including other fisheries and environmental factors.
Gillnet effort in North Carolina waters is being investigated in
association with strandings in North Carolina as well as in northern
South Carolina. Shrimp fishermen have suggested that crabbers in
Georgia waters may be intentionally killing sea turtles based on their
belief that sea turtles cause damage to crab pots. Two loggerheads
stranded on Wassaw Island, GA, had apparent gun shot wounds. Georgia
law enforcement personnel are investigating these reports but currently
have no information identifying participants of any particular fishery
in these intentional mortalities.
An algae bloom with red tide organisms has been transported along
the Gulf Stream into nearshore North Carolina waters where the
coastline projects out near the Gulf Stream. However, there is no
information to suggest that red tide or other environmental conditions
have contributed to sea turtle strandings in Georgia and South Carolina
thus far in 1995. Additionally, accounts of the successful
rehabilitation of loggerhead turtles in pools containing red tide
organisms suggest that sea turtles are not adversely affected solely by
the occurrence of red tide organisms in the environment. Crustaceans,
which are the primary forage species of loggerhead and ridley sea
turtles in the Atlantic, are not considered bioaccumulators of red tide
toxins.
In summary, no new activity or environmental condition has been
identified in the nearshore southeast U.S. Atlantic waters to account
for high stranding levels except for increased shrimping effort
associated with the opening of South Carolina and Georgia waters to
shrimping.
Restrictions on Fishing by Shrimp Trawlers
The November 14, 1994, BO provides a reasonable and prudent
alternative requiring conservation measures be
[[Page 32124]] implemented as mortality levels approach those
established in the ITS to ensure that shrimping is not likely to
jeopardize the continued existence of the Kemp's ridley. The BO
specifically requires that such measures be implemented immediately
when sea turtle takings, indicated or documented, reach 75 percent of
the established levels. These measures are intended to allow shrimp
fishing to continue, while reducing the likelihood of further sea
turtle strandings. The ERP provides further guidance on the nature and
geographic scope of such measures. As noted in the foregoing
discussion, strandings have reached or exceeded the ITL in Zone 31 for
2 weeks; therefore, conservation measures are being implemented in Zone
31 and adjacent waters along the Georgia coast.
Pursuant to 50 CFR 227.72(e)(6), the exemption for incidental
taking of sea turtles in 50 CFR 227.72(e)(1) does not authorize
incidental takings during fishing activities if the takings would
violate the restrictions, terms or conditions of an incidental take
statement or biological opinion, or may be likely to jeopardize the
continued existence of a species listed under the ESA. The AA has
determined that continued takings of sea turtles by shrimp fishing off
Georgia are unauthorized and, therefore takes this action.
The measures that NMFS is implementing include:
1. Prohibition of the use of soft TEDs;
2. Prohibition of the use of bottom-opening TEDs;
3. Prohibition of 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), unless the try nets are equipped with approved TEDs other than soft
or bottom-opening TEDs; and
4. Prohibition of the use of webbing flaps completely covering the
escape opening of TEDs, as described in the Requirements section
herein.
These restrictions are being applied in Atlantic offshore waters
seaward to 10 nm (18.5 km) along the Georgia coast, between 30 deg.45'
N. lat. and 32 deg.03' N. lat. Under 50 CFR 217.12, offshore is defined
as marine and tidal waters seaward of the 72 COLREGS demarcation line
(International Regulations for Preventing Collisions at Sea, 1972), as
depicted or noted on nautical charts published by the NOAA (Coast
Charts, 1:80,000 scale) and as described in 33 CFR part 80.
This area includes the nearshore waters in NMFS fishery statistical
Zone 31, a small southern, portion of statistical Zone 32, and
approximately 18 miles (29.0 km) of the northern portion of Zone 30. As
described in the ERP, NMFS may extend conservation measures in any
statistical zone to portions of contiguous zones as determined
necessary. NMFS has extended these measures to include the entire
Georgia coastline due to the familiarity of state boundaries to
shrimpers, and state and Federal enforcement personnel, the occurrence
of physical landmarks delineating Georgia borders, and the high
incidences of strandings along the entire Georgia coastline. These
restrictions will allow fishing by shrimp trawlers to continue in these
areas despite elevated rates of turtle strandings.
Although soft TEDs and bottom-opening hard TEDs have been generally
approved for use under the sea turtle conservation regulations, based
on the best available information, NMFS has concluded that they are not
as effective, under some conditions, in releasing turtles as top-
opening hard TEDs. Therefore, the use of soft TEDs and bottom-opening
hard TEDs is temporarily prohibited in the specified areas. NMFS gear
specialists conducted evaluations of soft TEDs installed in various
trawl designs purchased from a number of suppliers during September,
1994. All the devices met the regulatory requirements for soft TEDs.
Trawl evaluations of the TEDs were conducted in the Canaveral ship
channel. Seven TED/net configurations were tested. Five turtles were
observed upon net retrieval in 21 tows with 1 configuration; 1 turtle
was observed in 20 tows with another configuration. Three of the
configurations also were evaluated for small turtle exclusion through
the release of eight captive-reared loggerhead turtles into the nets.
Entanglement in the TED panels occurred in two of the three
configurations tested. These tests suggest that proper soft TED
installation is critical to turtle release. Additional in-water testing
of hard-grid TEDs in May, 1995, indicated that small turtles require
almost twice as long to escape from a bottom-opening TED versus a top-
opening TED (an average of 125.6 seconds vs. an average of 68.8
seconds) under ideal conditions. NMFS has previously implemented
regulations to discuss and address problems with bottom-opening hard
TEDs (59 FR 33447, June 29, 1994; 60 FR 15512, March 24, 1995).
Notwithstanding the required use of floats, turtles may be more
susceptible to capture in bottom-opening TEDs.
Pursuant to 50 CFR 227.72(e)(2)(ii)(B)(1), try nets have been
exempted from the TED requirements, 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, and 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, and anecdotal accounts suggest multiple
sea turtle captures in try nets are occurring in Georgia waters.
Twenty-foot try nets are reportedly preferred to smaller try nets by
the Atlantic shrimp fleet. During the Canaveral ship channel
evaluations, conducted in September 1994 and discussed above, 1
loggerhead was captured in a 13-ft (4.0-m) headrope length try net in
59 tows, while 9 loggerheads were captured in a 20-ft (6.1-m) headrope
length try net in 57 tows. Therefore, NMFS has determined that top-
opening hard-grid TEDs temporarily should be required in try nets
larger than 12-ft (6.1-m) headrope length or a footrope length greater
than 15 ft (4.6 m) in the specified areas. Finally, webbing flaps
completely covering TED escape openings have been allowed in order to
help reduce shrimp loss with TEDs. However, full length flaps may
hinder turtle releases. 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. Additionally, the webbing
flap can be sewn shut to disable the TED deliberately. Accordingly,
NMFS has determined that use of full length flaps should be temporarily
prohibited in the specified areas.
Under these temporary restrictions, only NMFS-approved hard or
special hard TEDs with top escape openings may be used in shrimp trawls
in the specified areas. Flaps may not completely cover the escape
opening. Figure 1 illustrates a top-opening hard TED with a shortened
webbing flap meeting the dimension requirements of this emergency
action.
Requirements
This action is authorized by 50 CFR 227.72(e)(6). The definitions
in 50 CFR 217.12 are applicable to this action, as well as all relevant
provisions in 50 CFR parts 217 and 227. For example, Sec. 227.71(b)(3)
provides that it is unlawful to fish for or possess fish or wildlife
contrary to a restriction specified or issued under Sec. 227.72(e)(3)
or (e)(6).
NMFS hereby notifies owners and operators of shrimp trawlers (as
defined in 50 CFR 217.12) that for a 30-day period, starting at 12:01
a.m. (local time) [[Page 32125]] June 21, 1995 and ending 11:59 p.m.
(local time) July 20, 1995, fishing by shrimp trawlers in offshore
waters, seaward to 10 nm (18.5 km) from the COLREGS line, along the
Georgia coast, bounded between 30 deg.45' N. lat. and 32 deg.03' N.
lat., is prohibited unless the shrimp trawler is in compliance with all
applicable provisions in 50 CFR 227.72(e) and the following
prohibitions:
1. The use of soft TEDs described in CFR 227.72(e)(4)(iii) 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 remain exempt from the requirement to have a TED installed
in accordance with 50 CFR 227.72(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 are unchanged.
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 inconsistent with these prohibitions are hereby
suspended for the duration of this action.
NMFS hereby notifies owners and operators of shrimp trawlers in the
area subject to restrictions that they are required to carry a NMFS-
approved observer aboard such vessel(s) if directed to do so by the
Regional Director, 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 must comply with the terms and conditions
specified in such written notification.
Additional Conservation Measures
The AA may withdraw or modify a determination concerning
unauthorized takings or any restriction on shrimping activities if the
AA determines that such action is warranted. Notification of any
additional sea turtle conservation measures, including any extension of
this 30-day action, will be published in the Federal Register pursuant
to 50 CFR 227.72(e)(6).
NMFS will continue to monitor sea turtle strandings to gauge the
effectiveness of these conservation measures. If, after these
restrictions are instituted, strandings in Georgia persist at or above
75 percent of the ITL for 2 weeks, NMFS will follow the guidance in the
ERP to determine whether to prohibit fishing by some or all shrimp
trawlers, as required, in the offshore waters of all or parts of NMFS
statistical Zones 30, 31 and/or 32 seaward to 10 nm (18.5 km) from the
COLREGS line, for a period of 30 days. Contiguous statistical zones or
portions of those zones may be included in the closure as necessary.
Area closures will be implemented through emergency rulemaking notices
pursuant to the procedures set forth at 50 CFR 227.72(e)(6).
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Because neither section 553 of the Administrative Procedure Act
(APA), nor any other law requires that general notice of proposed
rulemaking be published for this action, under section 603(b) of the
Regulatory Flexibility Act, an initial Regulatory Flexibility Analysis
is not required.
Pursuant to section 553(b)(B) of the APA, the AA finds there is
good cause to waive prior notice and opportunity to comment on this
rule. It is impracticable and contrary to the public interest to
provide prior notice and opportunity for comment because unusually high
levels of turtle strandings have been reported in Georgia and continue
to occur as shrimping continues. Any delay in this action will likely
result in additional fatal takings of listed sea turtles.
Pursuant to section 553(d) of the APA, the AA finds there is good
cause to waive the 30-day delay in effective date. In addition to the
immediate need to protect listed sea turtles, these restrictions are
expected to impose only a minor burden on shrimp fishermen. The
predominant TED designs in use in the affected area are bottom-opening
hard grid TEDs and soft TEDs. Bottom-opening hard grid TEDs can be
modified to comply with these restrictions in 1 to 2 hours. Any webbing
flap over the escape opening can be shortened in less than 10 minutes.
Trawlers equipped with soft TEDs may be required to move out of the
affected area, or to equip their nets with hard TEDs. Hard grid TEDs
are available for $75.00 to $350.00 and take several hours to install.
Finally, some fishermen may not elect to equip their larger try nets
with hard grid TEDs, and thus, would be unable to monitor their catch
rate during long tows. However, these fishermen may elect to monitor
their catch rate with smaller try nets not required to have an NMFS-
approved top-opening hard TED installed.
The AA prepared an EA for the final rule (57 FR 57348, December 4,
1992) requiring TED use in shrimp trawls and establishing the 30-day
notice procedures. An EA has been prepared for this action. Copies of
the EA are available (see ADDRESSES).
Dated: June 15, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
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[FR Doc. 95-15047 Filed 6-15-95; 12:56 pm]
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