[Federal Register Volume 66, Number 245 (Thursday, December 20, 2001)]
[Rules and Regulations]
[Pages 65658-65660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-31275]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No. 011214299--1299--01; I.D.121001B]
RIN 0648-AP75
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; request for comments.
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SUMMARY: NMFS is imposing, for a 30-day period, an additional
restriction on shrimp trawlers that are required to have a turtle
excluder device (TED) installed in each net rigged for fishing, and
that are operating in Atlantic offshore waters out to 10 nautical miles
(nm)(18.3 km) from the coast of Florida between 28 deg.N. latitude and
the Georgia-Florida border. During this 30-day period shrimp vessels
operating in this area must use a TED with an escape opening large
enough to exclude leatherback turtles, as specified in the regulations.
The use of such TEDs by shrimp trawlers has previously been required
under similar circumstances. This action is necessary to prevent
mortality of endangered leatherback sea turtles incidentally captured
in shrimp trawls, and is prompted by recent strandings of such turtles.
DATES: This action is effective from December 14, 2001 through January
14, 2002. Comments on this action are requested, and must be received
by January 14, 2002.
ADDRESSES: Comments on this action should be addressed to Phil
Williams, Chief, Endangered Species Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 727-570-5312, or
Barbara A. Schroeder, 301-713-1401. For assistance in modifying TED
escape openings to exclude leatherback sea turtles, fishermen may
contact gear specialists at the NMFS, Pascagoula, MS laboratory by
phone 228-762-4591 or by fax 228-769-8699.
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 populations of
green turtles in Florida and on the Pacific coast of Mexico, which are
listed as endangered.
The incidental take of sea turtles as a result of shrimp trawling
activities has been documented in the Gulf of Mexico and in the
Atlantic Ocean. Under the ESA and its implementing regulations, taking
sea turtles is prohibited, subject to exceptions identified in 50 CFR
223.206. Existing sea turtle conservation regulations (50 CFR part 223,
subpart B) 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 regulations provide a mechanism to implement further
restrictions of fishing activities, if necessary, to avoid takings of
sea turtles that would (1) likely jeopardize the continued existence of
listed species or (2) that would violate the terms and conditions of an
incidental take statement or incidental take permit. Upon a
determination that incidental takings of sea turtles during fishing
activities are likely to trigger either scenario, additional
restrictions may be imposed to conserve listed species and to avoid
such takings. 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 223.206(d)(4)).
Leatherback Sea Turtles
Leatherback sea turtles are the largest species of sea turtle. They
weigh between 600 and 1,300 pounds (272 and 590 kg) and have carapaces
5 to 6 ft (1.5 to 1.8 m) in length. Leatherbacks are widely distributed
and can range from the tropics to extreme northern and southern
latitudes during their feeding and reproductive migrations. They nest
in small but significant numbers on U.S. beaches and are primarily seen
in coastal waters of the southeast U.S. during their northern
springtime migration, especially when high abundances of jellyfish
occur nearshore. However, they can be found in U.S. waters throughout
the year.
[[Page 65659]]
Because of their size, leatherbacks are not likely to escape from
trawls, even when the trawls are equipped with approved TEDs, unless
the size of the opening is sufficient to allow escape. The sea turtle
conservation regulations specify a minimum TED opening size in the
Atlantic of 35 inches (89 cm) horizontally and 12 inches (30.5 cm)
vertically. When the regulations requiring TEDs in shrimp trawls year-
round were adopted (57 FR 57348, December 4, 1992), NMFS recognized
that the then-existing TEDs would not protect leatherbacks, and the
biological opinion (BO) on the regulations concluded that leatherback
mortality would remain a problem that must be addressed to avoid
jeopardizing the recovery of this species. Consequently, the August 19,
1992, BO's incidental take statement required that the episodic take of
leatherback turtles by shrimp trawlers during periods of high jellyfish
abundance must be eliminated. This could be accomplished by temporary
area closures, by requiring an increase in the size of TED openings to
allow leatherbacks to escape at times when their abundance is high, by
limiting tow times, or by implementing some other protective measure.
To address this problem, the 1992 sea turtle conservation regulations
included the provisions of 50 CFR 223.206(d)(4), to provide ``a
mechanism to prevent sea turtle mortalities...when existing
restrictions on the shrimp fishery are found to be ineffective (57 FR
18453).''
Recent Events
NMFS has been notified by the Florida Fish and Wildlife
Conservation Commission (FWCC) that extraordinarily high numbers of
endangered leatherback sea turtles stranded along northeast Florida
beaches in November and early December 2001. From November 4 to
December 10, 2001, a total of 15 leatherback turtles and 2 turtles
reported as leatherbacks, but not yet verified by FWCC, washed ashore
between St. Johns and Brevard counties in shrimp zones 28 and 29.
During aerial surveys conducted for right whales, up to 10 leatherback
turtles per flight were seen during two flights; one of these turtles
was dead. By comparison, the total annual number of leatherback
strandings statewide has averaged 24 over the past 10 years, and has
averaged only 14 per year in zones 28-30. Considering the rarity of
leatherbacks--an average of only 45-50 females nest in Florida each
year--and the fact that strandings are only a minimum estimate of
actual mortality, these strandings represent a serious impact to the
recovery and survival of the local population.
The late fall and early winter is traditionally a major shrimping
season along northeast Florida. During this period, shrimp leave the
estuaries to the north and migrate southward along the coast as waters
cool. Shrimp fishing along the coast is currently active. Trawlers have
been reported in the same areas as the leatherback strandings. The
minimum size for TED openings specified in the sea turtle conservation
regulations is not large enough to release leatherback turtles. Shrimp
trawling with TEDs with openings that are not large enough to release
leatherbacks is likely to lead to additional takes that would violate
the terms and conditions of the incidental take permit. NMFS and state
personnel will continue to investigate factors other than shrimping
that may contribute to leatherback sea turtle mortality in Florida,
including other fisheries and environmental factors.
Restrictions on Fishing by Shrimp Trawlers
Pursuant to 50 CFR 223.206(d)(4), the exemption for incidental
taking of sea turtles in 50 CFR 223.206(d) does not authorize
incidental takings during fishing activities if the takings would
violate the restrictions, terms or conditions of an incidental take
statement (ITS) or incidental take permit, or if the taking would
jeopardize the continued existence of a species listed under the ESA.
The August 19, 1992, biological opinion includes a condition under the
ITS that specifies that NMFS must eliminate the episodic take of
leatherback turtles by shrimp trawlers through area closures,
requirements for large TED opening sizes, limitations on tow times, or
some other protective measure. Failure by NMFS to take action to
address the mortality seen in northeast Florida over the past month
would likely violate the ITS. As a result, NMFS is requiring that
fishing by shrimp trawlers in all Atlantic offshore waters within 10 nm
(18.5 km) seaward of the COLREGS demarcation line, bounded on the south
by 28 deg.N. lat. and on the north by 30 deg.42'45.6"N. lat. (the
Georgia-Florida border), must be done with a net that is rigged for
fishing with a TED installed that has an escape opening large enough to
exclude leatherback turtles, meeting the specifications at 50 CFR
223.207(a)(7)(ii)(B)(1) and (2) or 223.207(c)(1)(iv)(B). These
regulations specify modifications that can be made to either single-
grid hard TEDs or Parker soft TEDs to allow leatherbacks to escape.
This restriction is effective from December 14, 2001 through 11:59 p.m.
(local time) January 14, 2002.
This restriction has been announced on the NOAA weather channel, in
newspapers, and other media.
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 223.206(d)(4).
NMFS will continue to monitor sea turtle strandings to gauge the
effectiveness of these conservation measures.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
The AA has determined that this action is necessary to respond to
an emergency situation to provide adequate protection for endangered
leatherback sea turtles pursuant to the ESA and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds that there is good
cause to waive prior notice and opportunity to comment on this action.
It would be impracticable and contrary to the public interest to
provide prior notice and opportunity for comment because providing
notice and comment would prevent the agency from implementing this
action in a timely manner to protect identified large congregations of
endangered leatherback sea turtles that are currently present in areas
where substantial fishing effort is occurring. Furthermore, the AA
finds good cause also under 5 U.S.C. 553(d)(3) not to delay the
effective date of this temporary rule for 30 days. Such delay would
also prevent the agency from implementing this action in a timely
manner to protect endangered leatherback sea turtles for the same
reason. Accordingly, the AA is making the rule effective December 14,
2001 through January 14, 2002. Also as stated, this restriction has
been announced on the NOAA weather channel, in newspapers, and other
media.
As prior notice and an opportunity for public comment are not
required to be provided for this notification by 5 U.S.C. 553, or by
any other law, the analytical requirements of 5 U.S.C. 601 et seq., are
inapplicable.
The AA prepared an Environmental Assessment (EA) for the final rule
(57
[[Page 65660]]
FR 57348, December 4, 1992) requiring TED use in shrimp trawls and
creating the regulatory framework for the issuance of notifications
such as this. Copies of the EA are available (see ADDRESSES).
Dated: December 14, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-31275 Filed 12-14-01; 4:34 am]
BILLING CODE 3510-22-S