[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Proposed Rules]
[Page 43106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20544]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[I.D. 060195E]
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: Withdrawal of proposed rule.
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SUMMARY: NMFS is withdrawing a proposed rule that would require
additional restrictions on shrimp trawlers fishing in waters off Texas.
NMFS is withdrawing the rule due to voluntary adoption of gear
restrictions, increased law enforcement, and the late re-opening of
Texas waters to shrimping.
DATES: This withdrawal of proposed rule is withdrawn on August 18,
1995.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or
Phil Williams, 301-713-1401.
SUPPLEMENTARY INFORMATION: The waters off Texas were closed to shrimp
fishing on May 15, 1995, for the annual closure which is coordinated by
State and Federal fisheries managers to allow shrimp to grow larger and
therefore more valuable. The closure period is usually marked by low
levels of sea turtle strandings, and during the 8 weeks of the 1995
Texas closure, only 15 sea turtle strandings including 2 Kemp's ridleys
were reported on offshore Texas beaches. Due to historical stranding
data, however, NMFS anticipated an increase in sea turtle strandings on
offshore Texas beaches in the weeks following the re-opening of Texas
waters to shrimping. In 1994, 9 dead sea turtles stranded in Texas
during the 4 weeks prior to opening, while 99 dead turtles stranded in
the 4 weeks following opening. Over the last 5 years, the stranding
data indicate that, on average, an eight-fold increase in sea turtle
strandings follows the opening of Texas waters to shrimping.
NMFS therefore issued a proposed rule to implement the gear
restrictions identified under the Shrimp Fishery/Emergency Response
Plan (60 FR 19885, April 21, 1995) in offshore Texas waters out to 10
nm (18.5 km) for a 30-day period after the opening. The proposed rule
was published June 16, 1995 (60 FR 31696), with a 2 week-comment
period. Three public hearings were held in Texas (June 19, 20, and 26).
Over 100 people attended the public hearings, including 29 that gave
public testimony. Written comments were received through July 6, 1995.
All but four of the comments received during the comment period were in
opposition to the proposed rule.
Taking these comments into account, on July 6, 1995, NMFS decided
not to implement a final rule in Texas for three reasons: (1) The
apparent willingness of some segments of the industry to voluntarily
adopt gear restrictions to reduce sea turtle strandings; (2) the
deployment of a special turtle excluder device (TED) law enforcement
team and specially trained Coast Guard groups; and (3) the late opening
(at least a week later than any opening in the last 5 years) of Texas
waters to shrimping, which is anticipated to result in better shrimp
catches farther offshore. A news bulletin announcing this decision and
asking shrimpers to voluntarily use small try nets and top-opening
hard-grid TEDs was widely circulated by NMFS on July 14, 1995.
Authority: 16 U.S.C. 1531 et seq.
Dated: August 15, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-20544 Filed 8-17-95; 8:45 am]
BILLING CODE 3510-22-F