[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15876]
[[Page Unknown]]
[Federal Register: June 30, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 930479-4171; I.D. 052794A]
RIN 0648-AG69
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS amends the regulations protecting sea turtles to allow
compliance with tow-time limits as an alternative to the use of turtle
excluder devices (TEDs) by shrimp trawlers in a 30-square mile (48.3-
square km) area off the coast of North Carolina (North Carolina
Restricted Area) through November 30, 1994. This area seasonally
exhibits high concentrations of red and brown algae that make trawling
with TEDs impracticable. This final rule authorizes a 30-minute tow
limit through August 15, 1994; a 55-minute tow limit from August 16
through October 31, 1994; and a 75-minute tow limit from November 1
through November 30, 1994, to allow shrimp trawlers to harvest shrimp
efficiently during their traditional shrimping season (March through
November) and maintain adequate protection for sea turtles in this
area.
EFFECTIVE DATE: June 27, 1994.
ADDRESSES: Send comments to Dr. William Fox, Jr., Director, Office of
Protected Resources, NMFS, 1335 East-West Highway, Silver Spring, MD
20910. Comments on the collection-of-information requirement subject to
the Paperwork Reduction Act should be directed to the Office of
Protected Resources, NMFS, 1335 East-West Highway, Silver Spring, MD
20910; Attention: Phil Williams; and to the Office of Information and
Regulatory Affairs of OMB, Washington, DC 20503, Attention: Desk
Officer for NOAA.
FOR FURTHER INFORMATION CONTACT: Phil Williams, Acting Chief,
Endangered Species Division, NMFS (301/713-2319), or Charles A.
Oravetz, Chief, Protected Species Program, NMFS Southeast Region (813/
893-3366).
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), U.S.C. 1531 et seq. Incidental capture by shrimp trawlers has
been documented for five species of sea turtles that occur in offshore
waters of North Carolina. Sea turtle conservation regulations at 50 CFR
parts 217 and 227 require all shrimp trawlers, regardless of length, in
offshore waters of the Atlantic Area, including off North Carolina, to
have an approved TED installed year-round in each net rigged for
fishing, unless specifically exempted.
NMFS has allowed shrimpers in the North Carolina restricted area to
limit tow-times, rather than use TEDs, due to the presence of algae
that makes trawling with TED-equipped nets impracticable. A
comprehensive list of cites relating to this exemption is as follows:
57 FR 33452 (July 29, 1992); 57 FR 40859 (September 8, 1992); 57 FR
45986 (October 6, 1992); 57 FR 52735 (November 5, 1992); 57 FR 57968
(December 8, 1992); 58 FR 19631 (April 12, 1993); 58 FR 28793 (May 12,
1993); 58 FR 33219 (June 11, 1993); 58 FR 38537 (July 13, 1993); and 58
FR 43820 (August 18, 1993).
NMFS proposed a permanent exemption on May 25, 1993 (58 FR 30007),
and a discussion of special environmental conditions, an assessment of
the algae problem, a history of the local fishery, and a discussion of
tow times can be found there. Comments received on the proposed rule
were addressed in an interim final rule extending the tow-time
allowance through November 30, 1993 (September 21, 1993, 58 FR 48975).
No comments were received on the most recent interim final rule.
This final rule implements the exemption through November 30, 1994,
instead of permanently, as provided in the proposed rule. NMFS decided
to implement this final rule only for the current fishing season for
several reasons. First, NMFS believes that close review of algae
conditions and tow time compliance is necessary to ensure that the
exemption is effective in preventing incidental takes. Second, NMFS is
considering implementation of an incidental take permit system under
section 10 of the ESA that could authorize this exemption through an
incidental take permit. An incidental take permit would require
periodic NMFS review and a conservation plan, thereby ensuring
consistent enforcement and mitigation of any incidental takes.
NMFS' review of the North Carolina restricted area exemption
program for the 1992-1993 season indicates that sea turtle mortalities
do not appear to be associated with the allowance of tow times in lieu
of TEDs. NMFS has reached this conclusion based on the lack of
observer-documented takes, the observed compliance with tow-time
restrictions, the cooperation of the fishermen, the small number of
participants in the fishery, and the local knowledge required to trawl
in the restricted area without losing gear on bottom obstructions
(which effectively limits entry into the fishery). These factors are
discussed in previous temporary rules and in the proposed rule (see
above citations). NMFS is particularly concerned about possible
interactions between shrimping operations and turtles during the turtle
nesting season. NMFS will continue to monitor this situation during the
remainder of the 1994 shrimping season.
Based on information received during the 1992-1993 season, NMFS has
determined that algal concentrations may be characteristic of the
restricted area or may recur in an intermittent or unpredictable
pattern and, thus, render TED-use impracticable. NMFS will continue to
monitor algal concentrations to determine whether these concentrations
are consistently problematic or whether there are times or seasons when
TEDs could be used. Shrimp trawling observed out of Sneads Ferry, NC,
on April 28, 1994, confirmed the presence of algal concentrations
sufficient to clog three of four Anthony Weedless TEDs used in the
observed tows.
This rule makes effective for the remainder of the traditional
shrimping season, through November 30, 1994, the policies and
procedures that were temporarily in effect in the North Carolina
restricted area under previous exemptions. Specifically, under this
final rule, tow times in the North Carolina restricted area are limited
to 30 minutes through August 15; 55 minutes from August 16 through
October 31; and 75 minutes from November 1 through November 30, 1994.
These measures should not, in the long run, significantly impact
fishermen's normal trawl times, since heavy algae concentrations
characteristic of the warmer months cause fishermen to voluntarily
shorten tow times to approximately 15-30 minutes. When algal
concentrations are light, shrimpers usually opt to use TEDs.
Also, under this final rule, registration with the Director,
Southeast Region, NMFS (Regional Director), is required before a vessel
may trawl in the restricted area, and vessels using the tow-time
alternative are required to carry a NMFS-approved observer if requested
to do so by the Regional Director. The observer will monitor compliance
with required conservation measures, including restricted tow times,
and resuscitation of any captured turtles in accordance with 50 CFR
227.72(e)(1)(i). Data collected by observers may be used for
enforcement purposes. Violations of tow-time restrictions documented by
North Carolina enforcement officers may be prosecuted under the ESA by
the Office of the General Counsel, NMFS, Southeast Region. In addition,
violators may face prosecution under State law. NMFS and North Carolina
Division of Marine Fisheries (NCDMF) will jointly monitor compliance
with the tow-time alternative.
In addition, this rule makes a technical correction to the general
tow-time provision of 50 CFR 227.72(e)(3)(i). The interim rule
published September 21, 1993 (58 FR 48977) inadvertently amended this
section to apply only to 1993. This final rule revises the general tow
time provision to apply every year, as intended.
Additional Sea Turtle Conservation Measures
Pursuant to the provisions of 50 CFR 227.72(e) (3) and (6), the
Assistant Administrator for Fisheries, NOAA, (AA) may modify the
required conservation measures by publishing notification in the
Federal Register, if necessary, to ensure adequate protection of
endangered and threatened sea turtles. Under this procedure, the AA
would impose any necessary additional or more stringent measures,
including more restrictive tow times, synchronized tow times, or
termination of the tow-time alternative, if the AA determines that: (1)
The concentration of algae no longer makes trawling with TEDs
impracticable; (2) there is insufficient compliance with the required
conservation measures; (3) compliance cannot be monitored effectively;
(4) significant or unanticipated levels of lethal or non-lethal takings
or strandings of sea turtles have occurred in or near the North
Carolina restricted area; or (5) the incidental take level, authorized
by biological opinion, of one mortality of Kemp's ridley, green,
hawksbill, or leatherback turtles, or two mortalities of loggerhead
turtles attributable to shrimp fishing in the North Carolina restricted
area is met or exceeded during the exemption period.
Classification
The AA has determined that this rule is consistent with the ESA and
other applicable law and is ``not significant'' for purposes of E.O.
12866.
The General Counsel of the Department of Commerce certified to the
Small Business Administration that the proposed rule if adopted would
not have a significant economic impact on a substantial number of small
entities. As a result, a final regulatory flexibility analysis was not
prepared.
The AA prepared an Environmental Assessment (EA) for this rule that
concludes that the rule will have no significant impact on the human
environment. A copy of the EA is available (see ADDRESSES) and comments
on it are requested.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act, namely, registration to trawl in the
North Carolina restricted area. This collection of information has been
approved by the Office of Management and Budget (OMB) under OMB control
number 0648-0267. The public reporting burden for this collection of
information is estimated to average 7 minutes per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, may be sent to NMFS or OMB (see
ADDRESSES).
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: June 24, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out 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, paragraphs (e)(3)(i) and (e)(3)(ii)(B) are
revised to read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * *
(3) * * * (i) Duration of tows. If tow-time restrictions are
utilized pursuant to paragraphs (e)(2)(ii), (e)(3)(ii), or (e)(3)(iii)
of this section, a shrimp trawler must limit tow times to no more than
55 minutes from April 1 through October 31; and to no more than 75
minutes from November 1 through March 31. A shrimp trawler in the North
Carolina restricted area must limit tow times to no more than 30
minutes from May 16 through August 15. The tow time is measured from
the time that the trawl door enters the water until it is removed from
the water. For a trawl that is not attached to a door, the tow time is
measured from the time the codend enters the water until it is removed
from the water.
(ii) * * *
(B) North Carolina restricted area. From June 27, 1994 through
November 30, 1994, a shrimp trawler in the North Carolina restricted
area, as an alternative to complying with the TED requirement of
paragraph (e)(2)(i) of this section, may comply with the tow-time
restrictions set forth in paragraph (e)(3)(i) of this section. The
owner or operator of a shrimp trawler who wishes to operate his or her
shrimp trawler in the North Carolina restricted area must register
pursuant to paragraph (e)(3)(v) of this section, with registration
received by the Director, Southeast Region, NMFS, at least 24 hours
before the first use of such tow times. Registration may be made by
telephoning (813) 893-3141 or writing to 9721 Executive Center Drive,
St. Petersburg, FL 33702. The owner or operator of a shrimp trawler in
the North Carolina restricted area must carry onboard a NMFS-approved
observer upon written notification by the Director, Southeast Region,
NMFS. Notification shall be made to the address specified for the
vessel in either the NMFS or state fishing permit application, the
registration or documentation papers, or otherwise served upon the
owner or operator of the vessel. The owner or operator must comply with
the terms and conditions specified in such written notification. All
observers will report any violations of this section, or other
applicable regulations and laws; such information may be used for
enforcement purposes.
* * * * *
[FR Doc. 94-15876 Filed 6-27-94; 12:12 pm]
BILLING CODE 3510-22-W
