[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Proposed Rules]
[Pages 17852-17854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8388]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 000320077-0077-01; I.D. 021500C]
RIN 0648-AN62
Endangered and Threatened Wildlife; Sea Turtle Conservation
Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS issues this advance notice of proposed rulemaking to
announce that it is considering technical changes to the requirements
for turtle excluder devices (TEDs). NMFS proposes to modify the size of
the TED escape opening, modify or decertify hooped hard TEDs and
weedless TEDs, and change the requirements for the types of flotation
devices allowed. NMFS is also considering modifications to the
leatherback conservation zone regulations to provide better protection
to leatherback turtles. The proposed measures are necessary to
effectively protect all life stages and species of sea turtles.
DATES: Written comments (see ADDRESSES) will be accepted through May 5,
2000.
ADDRESSES: Written comments on this action and request for copies of
the 1999 TED opening evaluation report and the Leatherback Contingency
Plan should be addressed to the Chief, Endangered Species Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910. Comments may also be sent via fax to 301-713-0376.
Comments will not be accepted if submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz (ph. 727-570-5312,
fax 727-570-5517, e-mail [email protected]), or Barbara A.
Schroeder (ph. 301-713-1401, fax 301-713-0376, e-mail
[email protected]).
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. The loggerhead (Caretta caretta) and green
turtles (Chelonia mydas) 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 sea turtles as a result of
trawling activities has 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 identified in 50 CFR
Part 223. The incidental taking of turtles during shrimp or summer
flounder trawling is excepted from the taking prohibition of section 9
of the ESA if the conservation measures specified in the sea turtle
conservation regulations (50 CFR Part 223) are followed. The
regulations require most shrimp trawlers and summer flounder trawlers
operating in the Southeastern United States. (Atlantic Area and Gulf
Area) to have a NMFS-approved TED installed in each net that is rigged
for fishing to provide for the escape of sea turtles. TEDs currently
approved by NMFS include single-grid hard TEDs and hooped hard TEDs
conforming to a generic description, two types of special hard TEDs
(the flounder TED and the Jones TED), and one type of soft TED-the
Parker soft TED.
[[Page 17853]]
TEDs incorporate an escape opening, usually covered by a webbing
flap, that allow sea turtles to escape from trawl nets. To be certified
by NMFS, a TED design must be shown to be 97 percent effective in
excluding sea turtles during experimental TED testing. TEDs must meet
generic criteria based upon certain parameters of TED design,
configuration, and installation, including height and width dimensions
of the TED opening through which the turtles escape. In the Atlantic
Area, these requirements are 35 inches (89 cm) in
width and 12 inches (30) in height. In the Gulf
Area the requirements are 32 inches (81 cm) in width and
10 inches (25 cm) in height.
NMFS TED Opening Study
The proportion of large, mature loggerheads and greens that are
documented to strand on coastal beaches appear to be greater than the
proportion that would be expected given the size distribution of sea
turtles found in nearshore waters (Turtle Expert Working Group, in
preparation). The disparity in size may be a result of the minimum size
requirement for TED openings which only allows smaller turtles to
escape. NMFS (Epperly and Teas, 1999; copies available, see ADDRESSES)
conducted analyses of the size of TED openings in relation to the
carapace width and body depth of stranded sea turtles and concluded
that body depth, not carapace width, was a factor in the turtle's
ability to exit the TED opening. Up to 47 percent of the body depths
for stranded loggerheads and 7percent for green turtles exceeded the
minimum height requirements for TED openings.
Leatherback Contingency Plan
NMFS in cooperation with the U.S. Fish and Wildlife Service, South
Carolina, Georgia, and Florida developed the Leatherback Contingency
Plan (copies available, see ADDRESSES) to reduce leatherback mortality
in shrimp trawls. Leatherback sea turtles are too large to be excluded
through the standard size TED opening; when mature they can weigh
between 600 and 1300 pounds (273 and 591 kg). The Leatherback
Contingency Plan established procedures to identify when and where TEDs
with large escape openings should be used to protect leatherbacks
during their annual, spring migration along the Atlantic seaboard. In
1995, NMFS established the leatherback conservation zone regulations
(50 CFR 223.206) to implement the Leatherback Contingency Plan (60 FR
25260, May 12, 1995; 60 FR 25663, May 12, 1995). The waters north of
Cape Canaveral, Florida to the North Carolina-Virginia border were
identified as the leatherback conservation zone. Within this zone,
weekly aerial surveys for leatherback sightings are conducted from
January 1 through June 30 of each year. If sightings, in replicate
surveys, exceed 10 leatherback turtles per 50 nautical miles (nm)(92.6
km) of trackline, NMFS will close, for a 2-week period, waters within
1 deg.lat. of the trackline to shrimp trawlers unless they use a TED
modified with the leatherback exit opening.
In 1999, NMFS became concerned that the leatherback conservation
zone regulation was not adequate to protect leatherbacks. In the spring
of 1999, NMFS implemented the 2-week closures in areas of South
Carolina and North Carolina (64 FR 25460, May 12, 1999; 64 FR 27206,
May 19, 1999; 64 FR 28761, May 27, 1999; 64 FR 29805, June 3, 1999). In
implementing the regulation, it was determined that replicate surveys
were not always feasible due to weather, staff, or equipment
constraints and that a sighting of less than 10 leatherbacks per 50 nm
(92.6 km) in the replicate survey was not necessarily an indication
that the turtles had moved away from the closed area, and that the 2-
week closure duration was insufficient to ensure protection while
leatherbacks were present in the area.
From October 1 through to December 15, 1999, 15 leatherbacks
stranded in Nassau through Brevard counties on the east coast of
Florida. Since these strandings occurred outside of the seasonal
provisions specified in the leatherback conservation zone regulation,
NMFS issued an emergency 30-day rule requiring shrimp trawlers to use
the leatherback TED modification (64 FR 69416, December 13, 1999). The
30-day restriction was necessary because leatherbacks were expected to
be present in the area through that period. The leatherback
conservation zone regulation is also limited to only a portion of the
Atlantic coast. From 1986 through 1999 an average of 9 leatherbacks per
year have been found stranded in the western Gulf with a high of 21
leatherbacks in 1999. Leatherbacks are also documented to strand in the
eastern Gulf with an average of 5 per year from 1986 through 1999, with
a high of 19 in 1989.
In summary, the leatherback conservation zone regulation may not
adequately address leatherback mortality in shrimp trawls for the
following reasons: The aerial surveys are limited to the Spring and do
not cover the Fall when leatherbacks are known to strand, the
leatherback conservation zone does not encompass all areas where
leatherbacks may be present, the ability to conduct the replicate
surveys required in the regulation is constrained by weather, staff and
equipment and may not adequately determine whether leatherbacks have
moved from the survey area, and the 2-week closures may not encompass
the time that leatherbacks are present in high numbers in certain
areas. Therefore, NMFS would like comments on whether the leatherback
conservation zone regulation should be modified based on the problems
identified previously or eliminated by requiring the use of leatherback
TED modifications with long flaps year-round or, at a minimum, along
the Atlantic Area in the Spring and Fall, or in other specified areas
or during other specified times of the year.
TED Opening Size Options
NMFS is considering two options to modify TED openings. The first
option would require the leatherback modification (the opening must
have a 142-inch (361-cm) circumference with a corresponding 71-inch
(180-cm) straight line stretched measurement) with a minimum 32-inch
(81-cm) grid for all TEDs in all areas at all times. The advantages of
this option are (1) decreased escape times for all turtles (this size
opening will release leatherbacks and all large loggerhead and green
turtles); (2) elimination of the leatherback conservation zone
regulation which may not adequately protect leatherbacks; and (3) the
leatherback TED modification would allow long flaps on bottom opening
TEDs which may reduce shrimp loss and eliminate debris in the trawl.
The disadvantages of this option are the 32-inch (81-cm) grid TED may
not fit into small nets and small vessels may not be able to handle
this size TED. Also, data on shrimp retention with the leatherback TED
modification are lacking. NMFS intends to conduct tests on shrimp loss
in the leatherback TED modification by early 2000.
The second option would require the use of an opening that is 35-
inch (89-cm) wide by 16-inch (41-cm) high with a minimum 30-inch (76-
cm) grid in all areas at all times. The advantages of this option are
(1) increased release of larger loggerhead turtles and small
leatherbacks; and (2) based on reports from NMFS enforcement agents and
gear specialists, many fisherman already use this size opening or
larger. The disadvantages are (1) this size opening will not release
most leatherback turtles; and (2) use of this opening will require the
continued use and modification of
[[Page 17854]]
the leatherback conservation zone regulation.
Other TED Modifications (Hooped Hard TED, Weedless TED, Flotation
Devices)
Information from enforcement personnel and recent net shop surveys
conducted by NMFS gear specialists have shown little or no use of the
hooped hard TED. Enforcement personnel also report confusion with the
differing regulatory requirements for escape openings for single grid
and hooped hard TEDs. The weedless TED (a TED with the deflector bars
not attached to the bottom to the grid frame) has been documented by
NMFS enforcement with bent bars and spacing more than 4 inches (10-cm)
apart. The bars of the weedless TED may bend during commercial use due
to poor construction or inherent weakness in the design. NMFS TED
testing in 1996 showed that weedless TEDs with the bars bent inward
(toward the codend of the trawl) caught 100 percent of the turtles
introduced into the trawl net. NMFS is considering either eliminating
the weedless TED or requiring reinforcement of the bars. NMFS is
soliciting public comment on these options.
NMFS enforcement has documented improper or inoperable flotation
which will cause the TED to drag on the bottom resulting in damage and
improper function. Flotation devices such as spongex do not perform
well on deep-water offshore trawls because they collapse and lose
buoyancy. NMFS is seeking public comment on whether different
flotation, such as aluminum or hard plastic should be required in deep
water areas where traditional spongex floats are ineffective.
Conclusion
NMFS is seeking advanced public input on potential changes to the
TED regulations. NMFS wants to improve the performance of TEDs to
protect large turtles, streamline and simplify the regulations, and
improve the ability to enforce such regulations. The options NMFS is
currently considering are:
Requiring the leatherback opening and long flap with a minimum 32-
inch (81-cm) grid in all areas; or
Requiring a 35-inch (89-cm) by 16-inch (41-cm) opening with a
minimum 30-inch (76-cm) grid in all areas;
Modifying or decertifying hooped hard TEDs and weedless TEDs;
Changing the requirements for the types of flotation devices
allowed;
Modifying or eliminating the leatherback conservation zone
regulation to provide better protection to leatherback turtles.
Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.; 31
U.S.C. 9701.
Dated: March 31, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 00-8388 Filed 4-4-00; 8:45 am]
BILLING CODE 3510-22-F