[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17512]
[[Page Unknown]]
[Federal Register: July 21, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[Docket No. 940793-4193; I.D. 060994A]
RIN 0648-AG37
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would allow non-Federal entities to apply
for, and NMFS to issue, permits for the incidental take of threatened
species of sea turtles consistent with section 10(a) of the Endangered
Species Act (ESA). Existing regulations provide for the issuance of an
incidental take permit for endangered sea turtles.
DATES: Written comments must be received by August 22, 1994.
ADDRESSES: Comments on this proposed rule, and requests for copies of
the Environmental Assessment (EA) for this proposed rule, 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: Heather Weiner, 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 extent 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 that collectively,
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.
Because threatened sea turtles are often incidentally taken in
state coastal fisheries, NMFS established a regulatory framework that
requires the use of TEDs on most shrimp trawls and allows NMFS to
impose measures with respect to shrimp trawl and other fisheries to
protect sea turtles, such as the use of limited tow times, the
requirement to carry observers, and the closure of certain areas (57 FR
57348, December 4, 1992). Under this framework, measures are
implemented as temporary restrictions, which is a time-consuming,
repetitious, and short-term means to accomplish conservation measures
for sea turtles. For example, NMFS has implemented many temporary
restrictions allowing the North Carolina shrimp fishery to comply with
tow-time limits as an alternative to using TEDs in areas of high algae
concentrations (see 58 FR 48975, September 21, 1993).
As an addition to the regulatory framework governing state
fisheries in which listed species of sea turtles are incidentally
taken, NMFS is proposing a rule that would extend section 10 permit
regulations to all threatened species of sea turtles. Section
10(a)(1)(B) of the ESA authorizes the Secretary of Commerce (Secretary)
to permit under such terms and conditions as he or she may prescribe,
any taking otherwise prohibited by section 9(a)(1)(B) of the ESA, if
the taking is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. NMFS implemented regulations for the
application and issuance of incidental take permits, under section
10(a) of the ESA, which appear at 50 CFR parts 220 and 222, and allow
the Assistant Administrator for Fisheries, NOAA, (AA) to issue permits
to incidentally take endangered marine species during otherwise lawful
activities.
While sections 9 and 10 and corresponding regulations apply to
species listed as endangered, they may be applied to threatened species
as well, pursuant to section 4(d) of the ESA. Section 4(d) provides
that the Secretary issue such regulations as deemed necessary and
advisable to provide for the conservation of such species. For example,
for those threatened species whose taking is prohibited by NMFS (such
as salmon (50 CFR 227.21) and Guadalupe fur seal (50 CFR 227.11)), NMFS
has promulgated special regulations that allow incidental takings of
such species in compliance with a section 10 incidental take permit.
Although NMFS has extended the section 9 takings prohibitions to
threatened sea turtles (50 CFR 227.71(a)), the exceptions to the
prohibitions contained in 50 CFR 227.72 do not provide for the issuance
of an incidental take permit. This rule, as proposed, would make it
possible to issue such permits for the taking of threatened sea
turtles.
The extension of the section 10 incidental take permit exception to
threatened sea turtles would allow the same substantive protective
measures that can be implemented, and the same fishing activities that
can be carried out, as under the current regulatory framework, while
eliminating the procedural shortcomings of the regulatory framework,
such as the short duration of the rules and the length of time required
to issue rules. Incidental take permits are not intended to undermine
the TED-use requirement or the taking prohibition in general.
Furthermore, the regulatory framework would remain in effect for any
entity that has not been issued an incidental take permit. This
proposed rule would provide an additional means whereby non-Federal
entities can engage in commercial fishing practices while affording
adequate protection to both endangered and threatened sea turtles.
Through the implementation of this proposed rule, NMFS would accept
and consider incidental take permit applications from non-Federal
entities, such as individuals, businesses, municipalities, fishery
organizations and state agencies. NMFS anticipates that it would invite
state agencies, which are responsible for regulating state fisheries,
to apply for general permits that would cover specific fisheries known
or believed to incidentally take threatened or endangered sea turtles.
This would be more efficient than requiring permits for individual
vessels. It would also allow the states to assume management of
fisheries through the permits, which are limited to activities within
the territorial sea.
The general permit procedures in 50 CFR part 220, as well as the
endangered species permit requirements in 50 CFR part 222, would apply
to the application, issuance, modification, revocation, suspension and
amendment of an incidental take permit for threatened, as well as for
endangered sea turtles.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA). This requirement has been
approved previously by the Office of Management and Budget (OMB Control
Number 0648-0230). The reporting burden for this collection is
estimated to average approximately 80 hours for permit applications,
0.5 hours for certificate of inclusion applications and 0.5 hours for
reports. These estimates include the time for reviewing instructions,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding these burden
estimates or any other aspect of this collection of information,
including suggestions for reducing this burden, to the National Marine
Fisheries Service (F/PR), 1335 East-West Highway, Silver Spring, MD
20910, and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington, D.C. 20503 (Attn: Paperwork
Reduction Act Project 0648-0230).
The General Counsel of the Department of Commerce certified to the
Chief Counsel for Advocacy of the Small Business Administration that
this proposed rule, if adopted, would not have significant economic
impact on a substantial number of small entities because the proposed
rule establishes a discretionary permitting procedure that will, by
itself, have no economic impact on fisherman. As a result, a regulatory
flexibility analysis was not prepared.
The AA prepared an EA for this proposed rule that concludes that
the rule would have no significant impact on the human environment. A
copy of the EA is available (see ADDRESSES) and comments on it are
requested.
List of Subjects in 50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: July 13, 1994.
Charles Karnella,
Acting 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)(1) introductory text is revised
and paragraph (e)(7) is added to read as follows:
Sec. 227.72 Exceptions to prohibitions.
* * * * *
(e) * * * (1) General. The prohibitions against taking in
Sec. 227.71(a) do not apply to the incidental take of any member of any
species of sea turtle listed in Sec. 227.4 (i.e., a take not directed
toward such member) during fishing or scientific research activities,
to the extent that those involved are in compliance with the
requirements of paragraphs (e)(1), (2), (3), and (6) of this section,
or in compliance with the terms and conditions of an incidental take
permit issued pursuant to paragraph (e)(7) of this section.
* * * * *
(7) Incidental take permits. The Assistant Administrator may issue
permits authorizing activities that would otherwise be prohibited in
Sec. 227.71(a) of this chapter in accordance with section 10(a)(1)(B)
of the Act (16 U.S.C. 1539(a)(1)(B)), and in accordance with, and
subject to, the provisions of parts 220 and 222 of this chapter. Such
permits may be issued for the incidental taking of both endangered and
threatened species of sea turtles. This section supersedes restrictions
on the scope of parts 220 and 222, including, but not limited to, the
restrictions specified in Secs. 220.3, 222.2(a) and 222.22(a).
* * * * *
[FR Doc. 94-17512 Filed 7-20-94; 8:45 am]
BILLING CODE 3510-22-P
