[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42809-42813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20178]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 217 and 227
[Docket No. 950427119-5203-05; I.D. 080195D]
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 and a portion of South Carolina to
protect sea turtles; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions
on shrimp trawlers fishing in offshore waters out to 10 nautical miles
(nm) (18.5 km) from the COLREGS line between 30 deg.45' N. lat. and
33 deg.00' N. lat. in the Atlantic Area. This area includes all of the
Georgia coast and the southern portion of the South Carolina coast,
which includes all or a portion of Zones 30 through 32. The
restrictions include prohibitions on the use by shrimp trawlers of soft
turtle excluder devices (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
TEDs. This action is necessary to ensure protection for sea turtles and
to prevent the continuation of high levels of mortality and strandings
of threatened and endangered sea turtles.
DATES: This action is effective from 12:01 a.m. (local time) August 11,
1995, until 11:59 p.m. (local time) on September 9, 1995. Comments on
this action must be submitted by September 13, 1995.
ADDRESSES: Comments on this action and requests for a copy of the
environmental assessment (EA) or 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
Phil Williams, 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.
[[Page 42810]]
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 and Atlantic Areas 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 (ITS) or
incidental take permit. 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 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 BO that concluded that the
continued long-term operation of the shrimp fishery in the nearshore
waters of the southeastern United States resulting in levels of
mortalities observed in 1994 was likely to jeopardize the continued
existence of the highly endangered Kemp's ridley and could prevent the
recovery of the loggerhead. 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 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 by NMFS observers or enforcement personnel, 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 and represent a jeopardy situation for Kemp's
ridleys, 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 BOs on April 26, 1995 and June 14, 1995. These BOs
reaffirmed the reasonable and prudent alternative and ITS provided in
the November 14, 1994, BO. A BO has also been prepared in conjunction
with this action and the elevated strandings prompting it.
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 have been accepted since its
official distribution on March 17, 1995. Comments have come from
written correspondences and public statements made during meetings with
the industry and conservation communities. 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.
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 (Zones 1 through 12, 21, 24 through 29, 32
through 36) 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 Events
Sea turtle strandings on offshore beaches in a number of NMFS
fishery statistical zones in the southeastern United States 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; as modified 60 FR 26691, May 18, 1995) and in
Georgia on June 21, 1995 (60 FR 32121, June 20, 1995), in response to
elevated strandings within those zones. Recent strandings in Georgia,
and South Carolina have again exceeded the established ITLs, as
delineated below.
[[Page 42811]]
South Carolina Strandings
South Carolina waters, which fall within NMFS statistical Zones 32
and 33, were opened to shrimping on May 16, 1995. By May 20, strandings
had reached the ITL in Zone 32. The following week, strandings exceeded
the ITL in Zone 33. In subsequent weeks, strandings in South Carolina
exceeded the ITLs several times in Zones 32 and 33, but weeks of high
strandings generally alternated with weeks of low strandings and no
additional management measures to protect turtles were taken. In the
past 4 weeks, however, strandings in Zone 32 have remained elevated.
Three turtles stranded in Zone 32 between July 2 and July 8. The next
week, 8 turtles, including 2 Kemp's ridleys stranded in Zone 32. Seven
more turtles stranded in the 2 weeks ending on July 29, 1995. Taken
together, 18 turtles have stranded on the offshore beaches of Zone 32
over a 4 week period for which the combined ITL was 17.
NMFS has increased enforcement efforts in South Carolina in
response to the elevated sea turtle strandings there. Enforcement
observations early in the season suggested that compliance with the TED
requirements was high in South Carolina; however, soft TEDs were
observed in almost 50 percent of the nets inspected in South Carolina
waters this year, and all hard-grid TEDs observed had bottom-escape
openings. Shrimp fishing effort off South Carolina has been fairly
high, with over 100 trawlers observed in South Carolina waters during
weekly aerial surveys over the past 2 months.
Georgia Strandings
Georgia waters were opened to shrimping on Thursday, June 1, 1995,
and high rates of sea turtle strandings followed immediately with
weekly strandings of 21, then 28, then 17 sea turtles on offshore
Georgia beaches, prompting NMFS to implement an emergency rule to
protect sea turtles. On June 21, 1995, additional gear requirements
became effective in offshore waters along the Georgia coast out to 10
nm (18.5 km) from the COLREGS line which prohibited the use of soft
TEDs, bottom-opening TEDs, large try nets without TEDs installed, and
webbing flaps completely covering the escape opening of TEDs. However,
during the first week the emergency rule was effective, nine sea turtle
strandings were reported on offshore Georgia beaches. Two and six
offshore strandings were reported in the 2 subsequent weeks. The
promulgation of the rule was also accompanied by a marked decrease in
shrimping effort in the affected area. Georgia strandings rose again
during the week of July 9 to 10 turtles. Although strandings exceeded
the ITL in Zone 30 that week, NMFS did not extend the gear restrictions
in Georgia, as the overall reduction in strandings had been very
encouraging. The emergency restrictions expired on July 20, 1995, and
an additional eight turtles stranded on offshore Georgia beaches during
the week ending July 22. Between July 23 and July 29, 11 turtles
stranded on Georgia offshore beaches, with an additional four
strandings just inside the mouths of the bays. These most recent
strandings have now met or exceeded 75 percent of the ITL for 3
consecutive weeks in Zone 30 and for 2 consecutive weeks in Zone 31.
Florida Strandings
Although approximately three-fourths of the coastline of Zone 30
lies in Florida, the majority of the past 3 weeks' strandings have
occurred in Georgia. Only 1 stranding was reported from the Florida
portion of Zone 30 in the week ending July 29. Furthermore, shrimp
trawling in Florida is already restricted by a State constitutional
amendment which bans most shrimping within 1 nm (1.9 km) of shore.
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. Three loggerheads
have stranded in Georgia with 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. 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
continued shrimping effort in South Carolina and Georgia waters.
Shrimping effort levels will increase in South Carolina and Georgia in
August as the late summer white shrimp season begins.
Comments on the Temporary Additional Restrictions on Shrimp
Trawlers in Georgia (60 FR 32121, June 20, 1995)
The June 21 gear restrictions in Georgia prompted verbal comments
in a meeting held with the industry on June 28, 1995, and written
comments from Georgia Fisherman's Association (GFA), Earth Island
Institute (EII), and the Center for Marine Conservation (CMC).
Comment GFA stated that NMFS should address all the causes of
turtle mortality, not just the shrimping industry.
Response NMFS recognizes there are non-shrimp related causes of
turtle mortality and continues to investigate these sources. Section 7
consultations have been conducted on, but not limited to, seismic
activities, dredging operations, and other commercial fisheries.
Comment All commenters agreed that the banning of soft TEDs was
warranted as they are not as effective as hard TEDs.
Response NMFS believes that the use of improperly configured soft
TEDs and repeated capture of turtles in large try nets pose the
greatest threats to turtles in the Atlantic Area. 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 one configuration; one 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 indicate that proper soft TED
installation is critical to turtle release.
Comment GFA objected to the prohibition on bottom-opening hard grid
TEDs and requested that NMFS rescind it. GFA asserted that Georgia
shrimpers were having problems with top-shooting hard TEDs claiming
that they lose shrimp, gather debris, are less effective at excluding
turtles, and they twist and roll when installed with floats.
Additionally, GFA asserted that NMFS would be unable to assess the
effectiveness of the gear restrictions implemented in Georgia on June
21, 1995, because too many variables had been changed and the relative
roles of soft TEDs and hard TEDs in contributing
[[Page 42812]]
to turtle mortalities and strandings could not be determined. EII also
urged NMFS to modify its temporary restriction as requested by GFA. CMC
also was uncertain about evidence that bottom-shooting hard grid TEDs
play a significant role in sea turtle mortalities in Georgia.
Response Fishermen in the Atlantic have predominantly not used top-
opening hard TEDs in recent years and may be having particular
difficulty adapting to a new gear type. NMFS has also received verbal
reports from Georgia fishermen that debris accumulates in the top-
opening TEDs, thus hindering the release of turtles. Furthermore,
analysis of recent strandings and compliance rates in the Gulf indicate
that in areas where shrimpers were using predominately top or bottom-
opening hard grid TEDs, there was no difference in documented
strandings and that soft TED use was a contributing factor to elevated
strandings. Therefore, NMFS believes that implementing only the soft
TED and try net restrictions described in the ERP would protect sea
turtles and help determine the effectiveness of each restriction.
The ERP identifies four restrictions that NMFS will impose in the
event that the stranding thresholds are met. However, the ERP also
provides that any rulemaking will be undertaken pursuant to 50 CFR
227.72(e)(6), and justification for the rule will be provided with the
rule itself. Furthermore, changes to the prescriptions of the rules
would also be explained at the time the rule is promulgated. Lastly,
all actions will be predicated on maximizing protections to sea
turtles. Consequently, NMFS is not implementing the full suite of
restrictions under the ERP in Georgia and South Carolina. However,
continued elevated strandings following the implementation of these
conservation measures may result in increased gear restrictions or area
closures, as set forth in the ERP.
Restrictions on Fishing by Shrimp Trawlers
The November 14, 1994, BO provides a reasonable and prudent
alternative requiring conservation measures be 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. As noted in the foregoing discussion, strandings
have reached or exceeded 75 percent of the ITL in Zone 31 for 2
consecutive weeks, in Zone 30 for 3 consecutive weeks, and in Zone 32
over the past 4 weeks; therefore, conservation measures are being
implemented in the waters along the entire coast of Georgia, and in
Zone 32 in the waters off South Carolina. NMFS has determined that
additional conservation measures are not necessary in the Florida
portion of Zone 30 at this time and has limited the extent of the
additional conservation measures in Zone 30 to the Georgia portion of
that zone.
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 ITS or incidental
take permit, or may be likely to jeopardize the continued existence of
a species listed under the ESA. Based on the foregoing analysis of
relevant factors, the AA has determined that continued takings of sea
turtles by shrimp fishing off Georgia, and in Zone 32 in South Carolina
are unauthorized and therefore takes this action.
The measures that NMFS is implementing include:
1. Prohibition of the use of soft TEDs; and
2. 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 NMFS-approved hard or special
hard TEDs.
These restrictions are being applied in offshore waters seaward to
10 nm (18.5 km) along the Georgia and South Carolina coast, between
30 deg.45' N. lat. (the Georgia-Florida border) and 33 deg.00' N. lat.
(the northern boundary of Zone 32). The affected areas include the
nearshore waters in NMFS fishery statistical Zones 31 and 32 and
approximately 18 miles (29.0 km) of the northern portion of Zone 30.
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 NOAA (Coast Charts, 1:80,000 scale) and as
described in 33 CFR part 80.
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 (6.1 m) 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 hard-
grid TEDs temporarily should be required in try nets with a headrope
length greater than 12-ft (6.1-m) or a footrope length greater than 15
ft (4.6 m) in the specified areas.
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) August 11, 1995, through 11:59 p.m. (local time)
September 9, 1995, fishing by shrimp trawlers in offshore waters
seaward to 10 nm (18.5 km) from the COLREGS line along the coast of
Georgia and part of South Carolina, between 30 deg.45' N. lat. (the
Georgia-Florida border) and 33 deg.00' N. lat. (the northern boundary
of Zone 32) 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 50 CFR 227.72(e)(4)(iii) is
prohibited.
2. 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 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).
[[Page 42813]]
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), and 50 CFR
227.72(e)(4)(iii) (Soft 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, or affected areas
of South Carolina 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
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. Expansion of gear restrictions
will also be considered as a mitigative measure to control sea turtle
strandings. Area closures or additional gear restrictions 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 shrimp fishery
statistical Zones 30, 31, and 32 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 hard grid TEDs
which will not require any modifications. Trawlers equipped with only
soft TEDs may be required to move out of the affected area, or to equip
their nets with hard TEDs. However, these trawlers are expected to be
few in number given that many may have already equipped their nets with
hard TEDs in response to the previous rule requiring the use of such
TEDs in Zone 21. For those trawlers who have yet to equip their nets
with hard TEDs, hard grid TEDs are available for $75.00 to $350.00 and
take only several hours to install. While 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, they could monitor
their catch rate with smaller try nets not required to have an NMFS-
approved hard TED installed. The burden of this action on shrimp
fishermen is expected to be minimized by the fact that fishermen in
most of the affected areas have previously modified or acquired gear to
comply with earlier, more stringent restrictions.
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: August 9, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-20178 Filed 8-10-95; 4:23 pm]
BILLING CODE 3510-22-F
