[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Proposed Rules]
[Pages 25663-25665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11580]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217, 222, and 227

[Docket No. 950427117-5118-02; I.D.042095B]
RIN 0648-AH97


Sea Turtle Conservation; Restrictions Applicable to Shrimp Trawl 
Activities; Leatherback Conservation Zone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to adopt as final the interim rule published 
elsewhere in this issue which establishes all inshore and offshore 
waters from Cape Canaveral, FL (28 deg.24.6' N. lat.) to the North 
Carolina-Virginia border (36 deg.30.5' N. lat.) as the leatherback 
conservation zone and provides for short-term closures of areas in that 
zone when high abundance levels of leatherback turtles are documented. 
Upon such documentation, NMFS would prohibit, in the closed areas, 
fishing by any shrimp trawler required to have a turtle excluder device 
(TED) installed in each net that is rigged for fishing, unless the TED 
installed is specified in the regulations as having an escape opening 
large enough to exclude leatherback turtles. This proposed rule is 
necessary to reduce mortality of endangered leatherback sea turtles 
incidentally captured in shrimp trawls.

DATES: Comments on this rule must be submitted by June 12, 1995.

ADDRESSES: Requests for a copy of the environmental assessment (EA) or 
the contingency plan, and comments on this proposed rule should be 
addressed to the Chief, Endangered Species Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910. Comments on the collection-of-information requirement subject to 
the Paperwork Reduction Act (PRA) should be directed to the Chief, 
Endangered Species Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, D.C. 20503, Attention: Desk Officer for NOAA.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, (813) 570-5312, or 
Russell J. 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 (ESA) of 
1973. 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 these 
species, as a result of fishing activities, have been documented in the 
Gulf of Mexico and along the Atlantic seaboard.
    Under the ESA and its implementing regulations, it is prohibited to 
take sea turtles. The incidental taking of turtles during shrimp 
fishing in the Atlantic Ocean off the coast of the southeastern United 
States and in the Gulf of Mexico is excepted from the taking 
prohibition pursuant to sea turtle conservation regulations at 50 CFR 
227.72, which include a requirement that shrimp trawlers have a NMFS-
approved TED installed in each net rigged for fishing throughout the 
year. The use of TEDs significantly reduces mortalities of loggerhead, 
green, Kemp's ridley, and hawksbill sea turtles. Because leatherback 
turtles are larger than the [[Page 25664]] escape openings of most 
NMFS-approved TEDs, use of these TEDs is not an effective means of 
protecting leatherback turtles.
    As a result of their primarily pelagic existence, leatherbacks 
normally occur outside of areas where they would be subject to taking 
by shrimp trawlers. During most months of the year, leatherbacks are 
not abundant in shrimping areas, and only isolated incidents of taking 
by trawlers occur. However, the coastal waters of northern Florida, 
Georgia, South Carolina, and North Carolina experience relatively high 
abundance levels of leatherbacks as a periodic winter and spring 
phenomenon. When leatherback abundance is high and shrimp trawlers are 
fishing, leatherback stranding pulses have been documented on adjacent 
beaches. A NMFS Biological Opinion prepared for a revision to the sea 
turtle conservation regulations, published in the Federal Register on 
December 4, 1992, (57 FR 57348), specifically addressed episodic 
stranding events from Florida through North Carolina, and required NMFS 
to develop and implement a contingency plan to solve this problem.
    A contingency plan for protection of leatherback turtles on the 
Atlantic seaboard that can be implemented, if necessary, was prepared 
in cooperation with State officials from Florida, Georgia, and South 
Carolina. The necessity for implementation of protective measures for 
leatherback turtles is expected to be on an annual basis but only for 
short periods of time in relatively small, specific areas at any one 
time. The plan considers several options to provide protection, and any 
or all of them may be implemented, if necessary. These options include: 
Closure of areas to all fishing, use of restricted tow times in lieu of 
TEDs, mandatory observers, and use of NMFS-approved TEDs with escape 
openings large enough to exclude leatherback turtles.
    Aerial surveys have been conducted for sea turtles off the Florida 
and Georgia coasts since 1988 and off the coast of South Carolina since 
1993. Beginning in December or January each year, concentrations of 
leatherback turtles occur in northeastern Florida waters. During the 
month of March, leatherbacks begin moving north and usually enter 
Georgia waters in late March or early April. Peak concentrations occur 
in Georgia waters during April and May and by mid-June the 
concentrations have left Georgia. Leatherback concentrations occur in 
waters off South Carolina from late April generally through the first 
part of June.
    Shrimping occurs year round in northeastern Florida waters, but the 
activity levels during any given month may vary from year to year. 
Shrimp fishing is closed in the State waters of Georgia until June 1 of 
each year, but shrimping begins in Federal waters off Georgia generally 
in April or early May. The State of South Carolina opens its waters to 
shrimping between May 15 and June 30, depending upon the presence of 
shrimp. Shrimping in Federal waters off South Carolina generally begins 
in early May. Based upon leatherback turtle concentration information 
and normal shrimp fishing activities, the most likely period for shrimp 
vessel interactions with leatherbacks in the leatherback conservation 
zone is January through June each year.
    Each spring for the last 2 years, NMFS has issued temporary 30-day 
restrictions establishing a leatherback conservation zone (58 FR 28790, 
May 17, 1993; 59 FR 23169, May 5, 1994; 59 FR 29545, June 8, 1994). The 
only comment received in response to those rules is addressed below:
    Comment: A mechanism for imposing immediate, short-term gear 
modifications, closures, and observer requirements in areas of 
potential high conflict between commercial fisheries and endangered 
species should be implemented on a systematic basis as part of NMFS 
fisheries management and protected species programs. A permanent 
solution should be adopted.
    Response: NMFS agrees. Accordingly, NMFS is proposing the permanent 
establishment of the leatherback conservation zone and a procedure for 
imposing short-term restrictions based on specified criteria. However 
elsewhere in this Federal Register volume, an interim rule is being 
promulgated to address the immediate need to protect leatherbacks this 
season, and will be superseded upon promulgation of a final rule as a 
result of comments received upon this rule.

Proposed Rule

    This rule would establish a framework whereby short-term closures 
may be instituted on an expedited basis in order to protect 
leatherbacks. Specifically, the rule would establish all inshore and 
offshore waters of the Atlantic area from Cape Canaveral, FL 
(28 deg.24.6' N lat.), to the North Carolina-Virginia border 
(36 deg.30.5' N lat.) as the ``leatherback conservation zone.''
    During the months of January through June, NMFS would conduct 
weekly aerial surveys of the leatherback conservation zone. If 
sightings of leatherback turtles during such surveys exceed 10 animals 
per 50 nautical miles (nm) (92.6 km) of trackline, the survey would be 
replicated within 24 hours, or as soon as practicable thereafter, to 
ensure that leatherback turtle presence is persistent in the area. If 
surveys demonstrate the continued presence of large concentrations of 
leatherbacks, NMFS would prohibit shrimp fishing in these specific 
areas by any shrimp trawler required to have a NMFS-approved TED 
installed in each net rigged for fishing, unless the TED installed is 
one of the NMFS-approved TEDs described below. Those TEDs have been 
determined to have escape openings large enough to exclude 
leatherbacks. In addition, owners and operators of vessels operating in 
closed areas with an allowed TED, as described below, would be required 
to register with the Director, Southeast Region, NMFS (Regional 
Director) in accordance with 50 CFR 227.72(e)(6)(iv) (A) through (F). 
Upon written request by the Regional Director, they would be required 
to carry a NMFS-approved observer aboard such vessel(s). A shrimp 
trawler in the leatherback conservation zone would be required to 
comply with the terms and conditions specified in such written request, 
as well as provide information on trawling hours, gear modifications 
and turtle captures.
    Notice of specific area closures would be published in the Federal 
Register and would be effective upon filing of such notice for public 
inspection at the Office of the Federal Register. Closures would be 
announced immediately on the NOAA weather channel, in newspapers, and 
other media. Areas with high leatherback abundance, as documented by 
the aerial surveys, would be closed for a period of 2 weeks. A closed 
area would include all, or a portion of, inshore and offshore waters 10 
nm (18.5 km) seaward of the COLREGS demarcation line, bounded by 1 deg. 
lat. coinciding with the trackline. Shrimp trawlers in the leatherback 
conservation zone would be responsible for monitoring the NOAA weather 
channel for closure announcements. Shrimp trawlers may also call (813) 
570-5312 for updated area closure information.

NMFS-Approved TEDs With Escape Openings Large Enough for Leatherback 
Sea Turtles

    NMFS has approved modifications to the Taylor and the Morrison 
TEDs, as well as a modification to the single-grid hard TED, that will 
allow leatherback turtles to escape the trawl. Descriptions 
[[Page 25665]] of the Taylor and Morrison TED modifications are found 
at 50 CFR 227.72(e)(4)(iii)(E), and the modified single-grid hard TED 
is described at 50 CFR 227.72(e)(4)(i)(G)(2)(ii).

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    This proposed rule would establish a registration program that 
contains a collection-of-information requirement subject to the PRA, 
namely, registration by vessels fishing in the leatherback conservation 
zone from Cape Canaveral, FL, to the Virginia-North Carolina border. 
This collection has been approved by OMB under control number 0648-
0267. The public reporting burden for this collection of information is 
estimated to average 7 minutes per response, including the time needed 
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 this burden, should be sent to NMFS and OMB 
(see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule would not 
have significant economic impact on a substantial number of small 
entities because closures would occur for only short periods of time in 
relatively small, specific areas where leatherback abundance is 
determined to be high, while the rest of the leatherback conservation 
zone would remain open. Further, TEDs modified to allow the escape of 
leatherbacks can be made at minimal cost.
    The Assistant Administrator for Fisheries, NOAA,(AA) prepared an EA 
for the interim rule published elsewhere in this Federal Register 
volume and concluded that, with specified mitigation measures, that 
action will have no significant impact on the human environment. The AA 
has determined that the EA prepared for the interim rule is applicable 
to this proposed rule.
    The provisions of this proposed rule will have already been in 
effect pursuant to an interim rule issued by NMFS elsewhere in this 
Federal Register volume.

    Dated: May 5, 1995
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, the interim rule amending 
50 CFR parts 217, 222, and 227, published elsewhere in this issue, is 
proposed to be adopted as final.

[FR Doc. 95-11580 Filed 5-9-95; 11:46 am]
BILLING CODE 3510-22-P