[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Proposed Rules]
[Pages 50148-50159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24521]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No.000320077-1177-02; I.D.062501B]
Endangered and Threatened Wildlife; Sea Turtle Conservation
Requirements
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 amend the regulations protecting sea turtles
to enhance their effectiveness in reducing sea turtle mortality
resulting from shrimp trawling in the Atlantic and Gulf Areas of the
southeastern United States. Turtle excluder devices (TEDs) have proven
to be effective at excluding sea turtles from shrimp trawls; however,
NMFS has determined that modifications to the design of TEDs need to be
made to exclude leatherbacks and large, sexually mature loggerhead and
green turtles; several approved TED designs are structurally weak and
do not function properly under normal fishing conditions; and
modifications to the trynet and bait shrimp exemptions to the TED
requirements are necessary to decrease lethal take of sea turtles.
These proposed amendments are necessary to protect endangered and
threatened sea turtles in the Atlantic and Gulf Areas.
DATES: Written comments will be accepted through November 16, 2001.
ADDRESSES: Written comments on this action, the draft Environmental
Assessment/Regulatory Impact Review Regulatory Flexibility Act Analysis
(EA/RIR) and request for copies of the 1999 TED opening evaluation
report 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: Robert Hoffman (ph. 727-570-5312, fax
727-570-5517, e-mail [email protected]), or Therese A. Conant
(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
(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 sea turtles as a result of
trawling activities, have been documented in the Gulf of Mexico and
along the Atlantic seaboard. In 1990 the National Academy of Sciences,
in a report titled Decline of the Sea Turtle: Causes and Prevention,
estimated that between 33,000 and 44,000 loggerhead and Kemp's ridley
sea turtles were being killed, per year, as a result of shrimp trawling
activities. On June 27, 1987, (52 FR 24244) NMFS required TEDs in
certain areas during certain times and further defined and expanded the
required use of TEDs in the shrimp fishery on December 4, 1992, (57 FR
57348). These rules and subsequent modifications are codified in 50 CFR
223.206 and 50 CFR 223.207 and require most shrimp and summer flounder
trawlers operating in the Southeastern U.S. (Atlantic Area, Gulf Area,
and summer flounder sea turtle protection 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.
The use of TEDs has contributed to the strong population increase
for Kemp's ridley sea turtles. Kemp's ridleys are the smallest sea
turtles, and adult size animals can pass through the current TED
opening dimensions. Once the most critically endangered sea turtle,
their nesting levels have increased from 700-800 per year in the mid-
1980's to over 6,000 nests in 2000. Since 1990, corresponding with the
more widespread use of TEDs in U.S. waters, the total annual mortality
(including natural mortality that cannot be controlled) for coastal
Kemp's ridleys has been reduced by 44-50 percent (TEWG, 2000). NMFS
believes that this demonstrates that the use of TEDs can have a
significant impact on the survival and recovery of sea turtle species.
Despite the demonstrated success of TEDs for some species of sea
turtles, NMFS is concerned that TEDs are not adequately protecting all
species and size classes of turtles. There is new information showing
47 percent of stranded loggerheads and 1-7 percent of stranded green
turtles are too large to fit through the current TED openings.
Comprehensive scientific data on the body depths of these turtles were
not available when the original TED sizes were specified. The original
TED sizes were also much too small to allow leatherback sea turtles,
the largest species, to escape. Instead, NMFS has attempted to address
the incidental catch of leatherback turtles by trawlers through a
regime of reactive closures that has proven complicated and
incomprehensive. There is also concern about the status of these
populations with stable or declining nesting numbers for the northern
nesting population of loggerhead sea turtles (TEWG, 2000) and
dramatically declining nesting of leatherback sea turtles on their main
nesting grounds (NMFS SEFSC, 2001). NMFS is therefore proposing to
modify the TED regulations to insure TEDs are capable of releasing
large leatherback sea turtles and adult loggerhead and green turtles.
These modifications will extend the protection TEDs afford smaller
turtle species to all size classes of all sea turtle species.
Summary of Proposed Changes to the Sea Turtle Regulations
NMFS is proposing to amend the regulations applicable to shrimp
trawling in all inshore and offshore waters of the Atlantic and Gulf
Areas to: (a) Require all hard TEDs to have a grid with a minimum
inside measurement of 32-inch (81-cm) by 32-inch (81-cm); (b) require
the use of either the double cover flap TED or a TED opening with a
minimum of 71 inch (180 cm) straight-line stretched mesh; (c) disallow
the use of the hooped hard TED; (d) disallow the use of weedless TEDs
and Jones TEDs; (e) disallow the use of accelerator funnels; (f)
require bait shrimpers to use TEDs in states where a state-issued bait
shrimp license holder can also fish for food shrimp from the same
vessel; (g) and require the use of tow times on small try nets. These
changes are
[[Page 50149]]
proposed to be implemented 1 year after the final rule is published in
the Federal Register.
Advanced Notice of Proposed Rule Making
The measures proposed in this rule were based, in part, on comments
received on an Advanced Notice of Proposed Rule Making (ANPR) published
April 5, 2000 (65 FR 17852). NMFS announced in the ANPR that it was
considering technical changes to the TED regulations, to effectively
protect all life stages and species of sea turtles. Specific changes
discussed were to increase the minimum size opening for TEDs, modify or
decertify hooped hard TEDs and weedless TEDs, change the requirements
for the types of flotation required, and modify the leatherback
conservation zone regulations.
NMFS received 23 responses to the request for comments on the ANPR.
When appropriate, comments are grouped according to general subject
matter, and references are made only to some groups or individuals, and
not to all groups or individuals who may have made similar comments.
Comment 1: Environmental organizations, Federal agencies, state
agencies, state Sea Turtle Stranding and Salvage Network (STSSN)
volunteers, and unaffiliated citizens believe that the openings of the
current TEDs are too small and should be enlarged to allow larger
turtles to escape. Some of these commenters believe that the size
specified in the ANPR of 35 inches by 16 inches (89 cm by 41 cm) would
not be adequate to protect large nesting turtles.
Response: NMFS agrees with the need to make TED escape openings
larger and is therefore proposing to increase the escape opening size
of TEDs in all inshore and offshore waters of the Atlantic and Gulf
areas. The size proposed in the ANPR of 35 inches by 16 inches (89 cm
by 41 cm) was based on information from Epperly and Teas (1999) which
used a linear regression formula to estimate body depth based on
carapace width, and suggested that 99 percent of nesting loggerheads of
the northern subpopulation had carapace widths equal to or less than 33
inches (83.2 cm) and a corresponding depth of 15.7 inches (39.8 cm).
However, carapace measurements recently collected by the South Carolina
Department of Natural Resources (SCDNR) on actual nesting females of
the northern loggerhead population showed 7 out of 90 had body depths
greater than 16 inches (40.6 cm). Also significant numbers of the
endangered leatherback turtle have been documented in inshore and
offshore waters in the Atlantic and Gulf areas. Therefore, to protect
all turtles, NMFS is proposing to require the use of the double cover
flap TED or a TED opening with a minimum of 71-inch (180-cm) straight-
line stretched mesh (see Provisions of the Proposed Rule).
Comment 2: Environmental organizations, Federal agencies and state
agencies recommend the modification of the leatherback conservation
zone regulations (60 FR 25260, May 12, 1995; 60 FR 25663, May 12, 1995)
implemented as a result of the Leatherback Contingency Plan. These
commenters believe that the response times in implementing emergency
rules for closure of waters during leatherback migrations are too slow
and that the surveying required to support these rules is frequently
underfunded or too variable due to weather and water clarity. Also,
some of these commenters believe the Gulf coast should be included in
the Leatherback Contingency Plan.
Response: NMFS is proposing the use of either the double cover flap
TED or a TED opening with a minimum of 71-inch (180-cm) straight-line
stretched mesh in all inshore and offshore waters in the Atlantic and
Gulf Areas. Both of these TEDs have openings large enough to
accommodate leatherbacks as well as large nesting loggerheads. This
would eliminate the need for emergency rules and surveying.
Comment 3: Commercial Fishermen of Lafitte do not want NMFS to
prohibit the use of the hooped hard TED. They state that the hooped
TED, known as the Coulon TED, not only excludes turtles but also works
well as a finfish bycatch reduction device. The Coulon TED is a hooped
hard TED with an escape opening of 34 inches (86 cm) by 27 inches (69
cm) with the front hoop measuring 34 inches (86 cm) by 17 inches (43
cm). The Commercial Fishermen of Lafitte state that the escape opening
of this TED can be expanded to 35 inches (89 cm) by 27 inches (69 cm),
with the front hoop measuring 35 inches (89 cm) by 17 inches (43 cm).
According to a net maker in the area, approximately 50 fishing vessels
are using this TED in Louisiana waters.
Response: In order to protect the endangered leatherback and large
loggerhead sea turtles, NMFS must ensure that all approved TEDs are
capable of releasing these large turtles. The expanded version of the
Coulon TED is not large enough to release large loggerhead and
leatherback sea turtles. It would be impractical to use a hooped hard
TED that would be large enough to release leatherback turtles.
Comment 4: The Florida Fish and Wildlife Conservation Commission
agrees with the need to make TED escape openings larger but feels NMFS
should consider the economic burden of Florida's inshore shrimp fishery
when considering the use of the leatherback modification and the
increase of the standard grid size.
Response: NMFS' gear specialists working on the east coast of
Florida reported that the majority of inshore fishermen use grids 32
inches (81 cm) and larger. NMFS is proposing to increase the grid size
to a minimum inside measurement of 32 inches (81 cm) by 32 inches (81
cm). Based on the information from the gear specialists this will not
affect a large number of Florida inshore fishermen. The Florida inshore
fishermen who use grids smaller than 32 inches (81 cm) will have 1 year
to change to the new size grid. By delaying the implementation date to
1-year after the final rule is published in the Federal Register,
fishermen would be able to buy the new size grid as part of necessary
gear replacement and thereby not add an additional cost.
Comment 5: The United States Fish and Wildlife Service (USFWS)
recommends the decertification of the hooped hard TED and the weedless
TED and the abolishment of the TED exemption for bait shrimpers.
Response: NMFS agrees with the USFWS on the need to disallow the
use of the hooped hard TED and the weedless TED for the reasons
described in the ANPR (65 FR 17852). The hooped hard TED is not widely
used. NMFS' enforcement personnel report confusion with the differing
regulatory requirements for escape openings for single grid and hooped
hard TEDs. Weedless TEDs (a TED with the deflector bars not attached to
the bottom of the grid frame) have been documented by NMFS enforcement
with bent bars and spacing more than 4 inches (10 cm) apart. The bars
of weedless TEDs appear to be easily bent during commercial use because
of the inherent weakness in the design. NMFS' TED testing in 1996
showed that weedless TEDs with the bars bent inward (to the rear of the
TED hoop) failed to exclude any of the turtles exposed. NMFS is
proposing to implement a requirement that the bars on hard TEDs be
firmly attached to the frame at both ends, 1 year after the publication
of the final rule in the Federal Register.
NMFS also agrees with the USFWS that the bait shrimp exemption
currently authorized under the sea turtle
[[Page 50150]]
conservation regulation represents a threat to sea turtles. NMFS
enforcement and gear specialists have seen an increase in boats
claiming to be bait shrimpers but possessing more than 32 lb (14.5 kg)
of dead shrimp. In some cases, these shrimpers are using ``snap-in
grids'' on their TEDs and claim to have used them while catching the
dead shrimp but then taking the ``snap-in grid'' out and closing the
escape opening to fish for bait shrimp. Snap-in grids do not meet the
regulatory requirement for the installation of the grid into the trawl
net because the grids are attached to the outside of the grid frame
with a few strings, plastic tie wraps or bolts and not sewn into the
trawl around the entire circumference of the TED with heavy twine (50
CFR 223.207(a)(2)).
NMFS originally authorized a bait shrimp exemption, which requires
tow times to be less than 55 minutes, believing tow times would be
self-regulating as a bait shrimper would want to limit tow times to
ensure live catch. However, gear specialists have found increasing
numbers of bait shrimpers selling shrimp for food. Landing dead shrimp
would likely result in an increase in tow times beyond the shorter tows
used to catch live bait. Tow time limits are extremely difficult to
enforce and have only been authorized in limited cases where particular
fishing practices limit the length of tows. NMFS believes that the bait
shrimp exemption is unenforceable and represents an increased risk in
lethal take of turtles. Therefore, NMFS is proposing to change the bait
shrimp TED exemption. Since 1992, when the bait shrimp exemption was
initially developed, TEDs have been used successfully in small, inshore
shrimp nets. Many bait shrimpers already own and use TEDs when not
operating under their bait shrimp licences. In some areas, bait
shrimpers use other exempt gear or practices (e.g., barred roller
trawls, hand-retrieved nets). Changes to the bait shrimp exemption
would affect none of these other exemptions.
Comment 6: Georgia Department of Natural Resources (GADNR)
recommends the adoption of a single TED configuration for all areas at
all times. The leatherback configuration should be the configuration
adopted. According to GADNR, 30 percent of Georgia fishermen already
use the leatherback modification full time because it is good at
excluding trash fish and the long flap helps shrimp retention.
Response: NMFS agrees with the GADNR on the value of the
leatherback modification. The use of the leatherback modification (a
TED opening with a minimum of 71-inch (180-cm) straight-line stretched
mesh) or the double cover flap TED in all inshore and offshore waters
will provide protection for all sea turtles. The current TED opening
sizes do not afford protection for large sexually mature loggerhead and
green turtles. Adoption of this proposed rule also will eliminate the
need for the use of inefficient emergency rules and the leatherback
conservation plan, which does not cover all areas where leatherback
turtles can be found.
Comment 7: The University of Georgia Marine Extension Service
(UGMES) requested the water depths be specified at which spongex-type
floats would not be allowed.
Response: Upon further review of the TED float requirements, NMFS
has decided not to propose amendments to them at this time due to the
lack of testing of viable alternatives to spongex-type floats.
Comment 8: The UGMES also requested that NMFS allow other methods
of hole enlargement, such as the addition of a strip of webbing in the
center of the forward section of the extension webbing, to help
maintain the angle of the TED.
Response: The use of a strip of webbing in the center of the
forward section of the extension webbing to modify a TED with a
leatherback size opening is not prohibited under current regulations.
Also the double cover flap TED which can be used in-lieu of the
leatherback modification has a smaller cut than the leatherback
modification (the length of the leading edge of the escape opening cut
must be no less than 56 inches (142 cm)). The double cover flap TED is
composed of two equal size rectangular panels with an overlap of no
more than 15 inches (38 cm) and each panel is no less than 58 inches
(147 cm) wide. The panels can be sewn together only along the leading
edge of the cut. The edge of the panels may be attached 6 inches (15
cm) behind posterior edge of grid; the end of each panel must not
extend more than 6 inches (15 cm) past the center of the bottom of the
grid. These modifications make it easier to install TEDs on a smaller
grid
Comment 9: The Texas Shrimp Association (TSA) requested that shrimp
loss data be evaluated and that NMFS determine what impact a 300-lb to
1,200-lb (136-kg to 545-kg) leatherback turtle would have on any TED.
TSA also asked whether the Epperly and Teas (1999) study was submitted
for peer review. TSA questioned the need for a larger size opening in
the western Gulf based on the fact that stranded turtles on the western
Gulf, on average, are smaller than those on the Atlantic and eastern
Gulf coasts.
Response: In the summer of 2000, NMFS conducted seven trips to test
the leatherback modification for shrimp loss in commercial conditions.
The leatherback modification was compared with TEDs currently used in
the Gulf of Mexico and the southeastern Atlantic. Four of the trips
were conducted in the Gulf of Mexico, and three were conducted in the
Atlantic. Shrimp loss for the four Gulf of Mexico trips showed a 3-
percent loss (trip #067), a 35-percent loss (trip #068), a 1-percent
loss (trip #069), and a 2-percent loss (trip #073), while the three
Atlantic trips combined showed a 3-percent shrimp loss (trips #070-
072). NMFS believes that shrimp loss percentage from trip #068 is an
error and not indicative of actual shrimp loss. The 35-percent shrimp
loss demonstrated on this trip is well above the range of 1 to 3
percent demonstrated by the other six trips. NMFS believes that gear
problems on trip #068 could have contributed to the 35-percent loss.
The 1- to 3-percent loss on the other trips was not statistically
significant from zero.
NMFS cannot use live leatherback turtles for testing; however, NMFS
believes a 300-lb to 1,200-lb (136-kg to 545-kg) leatherback will do
much less damage to a TED and shrimp gear if it is allowed to escape.
The Epperly and Teas (1999) study has not yet been peer reviewed;
however, it is being submitted for publication in the scientific
journal Fishery Bulletin and, as part of that process, will receive
peer review.
NMFS disagrees with the TSA's assessment that a larger size opening
is not needed in the western Gulf of Mexico. Stranding records from
1986 through 1997 show that 36 to 66 percent of loggerhead turtles
stranded in the western Gulf were larger than the current minimum TED
escape opening size, and records from 1986 through 1999 show that 170
leatherback turtles were stranded in the western Gulf of Mexico.
Provisions of the Proposed Rule
Increase of the Minimum Size of the TED Opening in All Inshore and
Offshore Waters of the Atlantic and Gulf Areas
TEDs incorporate an opening, usually covered by a webbing flap,
that allows sea turtles to escape from trawl nets. To be approved by
NMFS, a TED design must be able to exclude small sea turtles during
experimental TED testing conducted by NMFS. TEDs also must
[[Page 50151]]
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 currently 35 inches
(89 cm) in width and 12 inches (30 cm)
in height. In the Gulf Area, the requirements are 32 inches
(81 cm) in width and 10 inches (25 cm) in height.
NMFS proposes to require the use of the NMFS-approved double cover
flap TED (approved May 14, 2001, 66 FR 24287) or a standard TED opening
with a minimum of 71 inch (180 cm) straight-line stretched mesh
measurement, with a resultant circumference of the opening being 142
inches (361 cm) (formerly called the leatherback modification; approved
May 12, 1995, 60 FR 25663) in both the Atlantic and Gulf Areas. Both of
these TEDs have been tested for shrimp retention (see the response to
comment 9 of this notice for shrimp retention data on the new standard
TED and 66 FR 24287 for the double cover flap TED) and small turtle
escapement (see 60 FR 25663 and 66 FR 24287).
The double cover flap TED and the proposed standard TED were shown
to be effective at excluding a prototype leatherback. Because testing
with live leatherbacks is impossible, NMFS obtained the carapace
measurements of 15 nesting female leatherback turtles and used these
data to construct a pipe-framed model of a leatherback turtle measuring
40 inches wide by 21 inches deep (102 cm by 53 cm). The leatherback
model and a diver with full scuba gear were able to pass through the
escape openings of these TEDs.
Stranding data collected through the STSSN indicate that the
proportion of large, mature loggerheads and greens that strand on
coastal beaches appears to be greater than the proportion that would be
expected given the size distribution of sea turtles found in nearshore
waters. The disparity in size may be a result of the minimum size
requirement for TED openings which allows only smaller turtles to
escape. NMFS (Epperly and Teas, 1999; copies available see ADDRESSES)
evaluated the size of TED openings in relation to the carapace width
and body depth of stranded sea turtles and found that body depth, but
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 7 percent for green turtles exceeded the minimum height
requirements for TED openings.
Stranding data from 1986 through 1997 show that between 33 percent
and 47 percent of all loggerhead turtles stranded had body depths
greater than the minimum height of the TED opening. These percentages
range from 33-66 in the western Gulf of Mexico, to 83-96 in the eastern
Gulf of Mexico, to 23-40 in the Atlantic off the coast of the
southeastern United States (Epperly and Teas, 1999). These same data
also show that between 1 and 7 percent of all green turtles stranded
had body depths greater than the minimum height of the TED opening.
These percentages range from 0-3 in the western Gulf of Mexico, to 1-10
in the eastern Gulf of Mexico, to 3-10 in the Atlantic off the coast of
the southeastern United States (Epperly and Teas, 1999). Measurements
done on South Carolina nesting beaches conducted by the SCDNR in the
summer of 2000 on nesting loggerhead turtles showed 89 of the 90
nesting turtles had body depths greater than the minimum TED opening in
the Atlantic Area.
This information indicates that current TED openings may be
allowing continued high incidental take of large reproductive
loggerhead and green turtles. Since this take is focused on pre-
reproductive and reproductive turtles, it may be precluding most, if
not all, benefits these species may be receiving from the exclusion of
small juveniles from shrimp trawls.
The proposed use of a TED opening with a minimum of 71 inch (180.3
cm) straight-line stretched mesh or the double cover flap TED would be
large enough to exclude 100 percent of nesting loggerhead and green
turtles based on the information in Epperly and Teas (1999) and the
measurements of nesting loggerhead turtles taken by the SCDNR in the
spring and summer of 2000. This is particularly important for
loggerhead turtles, as population models indicate that a reduction in
mortality in these size classes would result in the greatest annual
population multiplication rate (Crouse et al., 1987; Hopewell, 1998).
The Turtle Expert Working Group (TEWG 1998) identified four
genetically separate nesting populations of loggerhead turtles in the
southeastern United States. The health and recovery of the loggerhead
turtle species is dependent on the health and recovery of each of these
populations. It is believed that the northern nesting population may at
best be stable and possibly may be in decline.
Leatherback sea turtles are too large to fit through the standard
size TED opening; when mature, they can weigh between 600 and 1,300 lb
(273 and 591 kg). To address this issue, NMFS, in cooperation with the
USFWS, South Carolina, Georgia, and Florida, developed the Leatherback
Contingency Plan to reduce leatherback mortality in shrimp trawls, and,
in 1995, NMFS established the leatherback conservation zone regulations
to implement the Leatherback Contingency Plan (60 FR 25260, May 12,
1995; 60 FR 25663, May 12, 1995). 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. The waters north
of Cape Canaveral, from 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.
From October 1 through December 15, 1999, 15 leatherbacks stranded
in Nassau through Brevard counties on the east coast of Florida. Since
these strandings occurred seasonally outside the provisions specified
in the leatherback conservation zone regulation, NMFS issued an
emergency 30-day rule (64 FR 69416, December 13, 1999), requiring
shrimp trawlers to use the leatherback modification in their TEDs. The
30-day restriction was necessary because leatherbacks were expected to
be present in the area through that period.
The leatherback conservation zone regulation does not extend to the
Gulf area. Historical records indicate that the Western Gulf is
important to leatherbacks; Leary (1957) reported a large group of up to
100 leatherbacks just offshore of Port Aransas, Texas associated with a
dense aggregation of
[[Page 50152]]
Stomolophus. Recent stranding data from 1986 through 1999 show an
average of 9 leatherbacks per year have been killed in the Western
Gulf; however, in the last 5 years, that average has gone up to 14
leatherbacks stranded per year, with a high of 21 leatherbacks in 1999.
Leatherbacks are also killed in the Eastern Gulf, with an average of 5
per year from 1986 through 1999 and with a high of 19 in 1989. In the
Atlantic along the southeastern United States, leatherback strandings
have averaged 46 per year from 1986 through 1999. Leatherbacks strand
along the Atlantic coast of Florida year-round, averaging 21 strandings
per year.
In French Guiana and Suriname, the largest leatherback rookery in
the western North Atlantic, nesting has decreased at a rate of 15.0
percent - 17.3 percent per year since 1987 (NMFS SEFSC 2001). If
turtles are not nesting elsewhere, it appears that the Western Atlantic
portion of the population is being subjected to mortality beyond
sustainable levels, resulting in a continued decline in numbers of
nesting females. There have been increases in leatherback nesting at
minor nesting areas such as Florida and the U.S. Virgin Islands, but
those cannot account for the decreases in the Guianas, which are in the
tens of thousands.
A steady increase in Kemp's ridley nesting, which has not leveled
off to date, has occurred since 1990 and appears to be due to increased
hatchling protection and a large increase in survival rates of immature
turtles beginning in 1990, coinciding with the introduction of TEDs.
Adult ridley numbers have now grown from a low of approximately 1,050
adults producing 702 nests in 1985, to greater than 3,000 adults
producing 1,940 nests in 1995, to greater than 9,000 adults producing
about 5,700 nests in 2000 (TEWG 2000). The increase in the Kemp's
ridley nesting population since 1989 demonstrates that the use of TEDs
can have a significant positive impact on the survival and recovery of
sea turtle species. The proposed required use of either the new
standard TED opening or the double cover flap TED in all inshore and
offshore waters in the Gulf and Atlantic Areas will provide the
protection TEDs afford smaller turtle species to all size classes of
all sea turtle species thereby aiding in their recovery. This proposal
will also provide consistency and predictability for the industry by
eliminating the disparate regulations in different areas and times and
eliminating reactionary closures to protect leatherback turtles.
Disallow the Use of Hooped Hard TEDs, Weedless TEDs, Jones TEDs, and
Accelerator Funnels; Require Bait Shrimpers in Certain States to use
TEDs; and Require Tow Time Restrictions on Small Try Nets
As stated in NMFS's response to Comment 5 in this proposed rule,
the structural integrity of the weedless and Jones TEDs does not hold
up under commercial use. Grid bars bend toward the back of the net.
This condition has been shown to severely limit these TEDs' ability to
exclude turtles. Therefore, NMFS is proposing to require that TED
deflector bars be securely attached/welded to the top and bottom of the
TED frame or to a horizontal deflector bar (in the case of flounder
TEDs), to be implemented 1 year after the final rule is published in
the Federal Register. This will allow fishermen to replace this gear as
part of normal gear replacement due to wear and tear.
As stated in NMFS's response to Comments 3 and 5 in this proposed
rule, it is not feasible to construct a hooped hard TED large enough to
exclude large loggerhead and leatherback turtles. The hooped hard TED
also is not widely used, and enforcement personnel report confusion
with the differing regulatory requirements for escape openings for
single grid and hooped hard TEDs.
NMFS is proposing that the use of accelerator funnels not be
allowed. The opening in an accelerator funnel that would be required to
effectively release large loggerhead and leatherback turtles would be
too large (71 inch (180 cm)) to accelerate the water through the grid
and would cause the unattached portion of the funnel to extend out the
escape opening causing the loss of shrimp.
NMFS is also proposing to change the exemption from TED
requirements for bait shrimpers. As stated in NMFS's response to
Comment 5, NMFS enforcement and gear specialists have seen an increase
in boats claiming to be bait shrimpers but possessing more than 32 lb
(14.5 kg) of dead shrimp. Landing dead shrimp would likely result in an
increase in tow times beyond the shorter tows used to catch live bait.
Longer tow times would increase the likelihood of entangling a sea
turtle and, without a TED installed, increase the chance of injury or
mortality. When there is no incentive to limit tow times as a part of
normal fishing operations, tow time limits are extremely difficult to
enforce. Therefore, NMFS is proposing to limit the bait shrimp TED
exemption to shrimpers with a valid state bait-shrimp license for which
such state license allows the licensed vessel to participate in the
bait shrimp fishery only.
NMFS is proposing to require shrimpers to limit tow times when
deploying small try nets. Sea turtles are captured in trynets. NMFS
observer program from 1992 through 1995, documented that try nets
accounted for 43 percent of the observed turtle captures. In 2001,
shrimpers operating in the Atlantic area reported capturing more than
20 turtles in their smaller try nets without TEDs installed. NMFS
required shrimpers deploying try nets with head rope lengths greater
than 12 feet (3.6 m) or foot rope length greater than 15 feet (4.6 m)
to have a TED installed but exempted the smaller try nets (61 FR 66933,
December 19, 1996). NMFS initially issued this exemption without tow
time restrictions because it felt that this type of gear naturally lent
itself to short tow times.
NMFS recognizes that tow time limits are difficult to enforce, but
without tow time restrictions, NMFS has no enforcement mechanism to
ensure compliance with measures that will increase protection of listed
sea turtles.
Request for Comments
NMFS will accept written comments (see ADDRESSES) on this proposed
rule until November 16, 2001. In addition, NMFS will conduct public
hearings on this action. Hearing dates, times, and locations will be
published in the Federal Register under separate notification.
References
Epperly, S.P. and W.G. Teas. 1999. Evaluation of TED Opening
Dimensions Relative to Size of Turtles stranding in the Western North
Atlantic. NMFS SEFSC PRD-98/99-08
Leary, T.R. 1957. A schooling of leatherback turtles, Dermochelys
coriacea, on the Texas coast. Copeia 1957(3):232.
National Academy of Science, National Research Council. 1990.
Decline of the Sea Turtles: Causes and Prevention. National Academy
Press. Washington, D.C. 189 pp.
National Marine Fisheries Service Southeast Fisheries Science
Center (NMFS SEFSC). 2001. Stock assessments of loggerhead and
leatherback sea turtles and an assessment of the impact of the pelagic
longline fishery on the loggerhead and leatherback sea turtles of the
Western North Atlantic. U.S. Department of Commerce NOAA Technical
Memorandum NMFS-SEFSC-455, 343 pp.
Turtle Expert Working Group (TEWG). 2000. Assessment update for
[[Page 50153]]
the Kemp's ridley and loggerhead sea turtle populations in the Western
North Atlantic. U.S. Department of Commerce NOAA Technical Memorandum
NMFS-SEFSC-444, 115pp.
Turtle Expert Working Group. 1998. (Byles, R., C. Caillouet, D.
Crouse, L. Crowder, S. Epperly, W. Gabriel, B. Gallaway, M. Harris, T.
Henwood, S. Heppell, R. Marquex-M, S. Murphy, W. Teas, N. Thompson, and
B. Witherington). An Assessment of the Kemp's ridley sea turtle
(Lepidochelys kempii) and loggerhead (Caretta caretta) sea turtle
populations in the western North Atlantic. NOAA Technical Memorandum
NMFS-SEFSC-409. 96 pp.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The ESA provides the statutory basis for the rule.
NMFS prepared a draft EA/RIR for this proposed rule that discusses
the impact on the environment as a result of this proposed rule. A copy
of the draft EA/RIR is available from NMFS (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Fishermen may be adversely affected by this proposed rule primarily
in the following ways: possible shrimp loss due to the increase in the
size of the TED opening and additional costs to retrofit current TEDs
in order to meet proposed minimum grid and opening sizes.
The increase in the TED opening to a minimum of 71 inch (180.3 cm)
straight-line stretched mesh would apply to all shrimp fishermen in the
known universe of shrimp trawlers (15,096). This TED opening
requirement would be expected to result in a 1-3 percent loss which is
not statistically different from zero. Assuming a 2 percent shrimp
loss, the estimated annual real profits by size category, and the
number of fishing craft per category, the estimated impacts in terms of
lost real profits per year by size category would be as follows:
$582,600 for state registered boats, $251,812 for vessels less than 45
feet (13.7 m), $205,869 for vessels between 45 and 60 feet (13.7 and
18.3 m), and $389,844 for vessels greater than 60 feet (18.3 m). Thus,
the total annual loss of profits for the industry would be $1,430,125.
Applying the standard discount rate of 7 percent over a 5 year time
period generates a loss of $5,863,795 in real profits. Shrimpers would
have an option to use the double cover flap TED instead of the TED
opening with a minimum of 71 inch (180.3 cm) straight-line stretch
mesh. The double cover flap TED was tested to determine its ability to
retain shrimp when compared to a commercial TED with a standard flap.
The double cover flap TED gained 0.00257 pounds (1.1 gram) of shrimp
per tow when compared to the TED with the standard flap. Assuming
shrimpers chose this option, there would be no expectation of a 2
percent shrimp loss.
Many shrimpers who operated in the areas specified in the
leatherback conservation zone regulation and were required to use the
leatherback modification in the past due to emergency rules issued by
NMFS, continued to use the modification after it was no longer required
because they thought it performed better than the standard TED in
retaining shrimp. GADNR reports that up to 60 percent of their shrimp
fishermen still use the leatherback modification after NMFS required
them to use it during the spring of 1999. Nonetheless, it is not known
whether a similar percentage of shrimp fishermen are using the
leatherback modification in their TEDs in other states/areas.
The leatherback modification excludes large debris from the trawl
which improves performance. Fishermen can also use long flaps on bottom
opening TEDs in areas where short flaps must be used on bottom opening
TEDs with the standard size opening. Longer flaps will likely increase
shrimp retention. NMFS believes that the use of the leatherback
modification and its possibility of increased performance from the
exclusion of debris and the use of long flaps may benefit fishermen.
The extent of these potential benefits is unknown.
Survey data suggest that costs will be incurred by all shrimp
fishermen who must acquire a larger frame to meet the proposed grid
size of a minimum inside measurement of 32 in (81 cm) by 32 in (81 cm)
and those who must refit their existing TEDs to the new 35 in (89 cm)
by 20 in (51 cm) requirement. On average, the cost of a new frame is
estimated to be $85 and the cost of refitting to the new minimum size
opening is $45. However, the survey data also indicate that the
smallest grid sold by 4 of the 7 net shops would meet the new
requirements proposed in this alternative. Based on this information
and observations by enforcement personnel and NMFS' gear specialists,
NMFS believes that the majority of shrimpers use grids that already
meet the required minimum grid size proposed by this rule. Those that
currently use grid sizes smaller than the proposed minimum will have a
year to replace them, giving fishermen the opportunity to replace them
as part of scheduled gear maintenance and replacement. Thus, there
should be no additional costs beyond those incurred as a result of
existing TED regulations.
Modifications needed to meet the proposed opening sizes should
impose relatively few additional costs. Most fishermen and net shop
owners can make the changes needed to enlarge the escape openings on
their own. For those who cannot, NMFS' gear specialists will be
available to help them modify their TEDs to meet the new requirements.
Although no direct out of pocket expenses may be incurred, an
opportunity cost of the time necessary to make these modifications
should still be taken into account. Given the nature of the
modifications, we estimate that an hour of the fisherman's time will be
needed to complete this task. Assuming that the owner or captain is
responsible for making such gear modifications, the average real hourly
wage of first-line supervisors/mangers in the farming, fishing and
forestry industries is the best measure of opportunity cost. This
figure is currently estimated to be $11.49 according to the BLS.
Although some fishermen may not incur this cost as a result of already
using TEDs with larger openings, some may have to incur the out of
pocket expense of $45 to have someone else do the modifications for
them.
The disallowance of the hooped hard TED is expected to affect
approximately 50 small entities in Louisiana that currently use these
TEDs. Unlike the weedless TED, the hooped hard TED is a durable TED and
one that cannot be converted to another type of TED. Thus, for these
fishermen, even with a year to convert their TEDs, they would be forced
to purchase complete and new TEDs. Based on the survey data, new TEDs
in Louisiana cost approximately $200. Assuming that these fishermen use
quad rig trawls (i.e., 4 nets), this part of the rule would require a
one time expenditure of $800 per entity, or $40,000 in the aggregate.
NMFS also proposes to disallow the use of weedless and Jones TEDs.
Current information suggests that the Jones TED is not presently in
use. The weedless TED is only known to be used in Texas. Information
from boardings of shrimp fishing craft suggest that 15 percent of Texas
shrimpers currently use the weedless TED. Since the weedless TED is
known to be less durable than other TEDs, commonly needing to be
replaced
[[Page 50154]]
every year, no additional costs are expected as a result of this
requirement since this proposed alternative would not be implemented
until 1 year after the final rule is published in the Federal Register.
This period would give fishermen the opportunity to replace these types
of gear as part of scheduled gear maintenance and replacement.
The changes to the bait shrimp exemption are not expected to
generate any new impacts on shrimp fishermen. Clarification of TED
requirements for bait shrimpers is needed because, in certain areas,
many shrimp fishermen constantly switch back and forth between bait and
food shrimping operations. Since these modifications do not impose TED
requirements on any entity or operation that was not already covered by
the existing TED requirements, no impacts would be expected.
Shrimpers deploying small try nets would be required to abide by
existing tow time limitations, which are typically 55 minutes, in order
to be exempt from existing TED requirements. If try nets are truly
being used as a means to test fishing grounds for shrimp abundance, as
opposed to an additional device to catch shrimp, then this requirement
should not impose any costs since typical tow times for try nets are
known to be 15-20 minutes.
In conclusion, the proposed changes to the sea turtle conservation
regulation would not likely impose a significant economic impact on a
substantial number of small entities. The increase in the minimum size
openings and grid sizes for TEDs potentially impacts all shrimp
trawlers in the Gulf of Mexico and South Atlantic which is estimated to
be approximately 15,000 fishing craft.
The two criteria to be considered in determining the significance
of economic impacts are the disproportionate effect and profitability
between large and small businesses. Since all fishing trawling
operations are considered small entities, the issue of a
disproportionate effect is not applicable. And even if differences in
fishing craft size are examined, in general, the impacts are
proportionally the same across these size groups.
With the exception of the leatherback modification requirement and
the TED modification costs, the components of this rule are not
expected to reduce profits. The combination of shrimp loss as a result
of using the TED opening with a minimum of 71 inch (180.3 cm) straight-
line stretched mesh and TED modification expenses could have a
significant economic impact. An average loss of 2 percent loss in
profits could be expected only if several assumptions are met: (1) None
of the potentially affected entities have already converted to using
the leatherback modification; (2) none chose to use the double cover
flap which showed no loss in shrimp. Since all these assumptions are
unlikely to be met, the true loss in profits is likely much less and
thus not significant.
Dated: September 24, 2001.
William T. Hogarth,
Assistant Administrator of Fisheries, National Marine Fisheries
Service.
List of Subjects
50 CFR Part 222
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
50 CFR Part 223
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, 50 CFR parts 222 and 223
are proposed to be amended as follows:
PART 222--GENERAL ENDANGERED AND THREATENED MARINE SPECIES
1. The authority citation for part 222 continues to read as
follows:
Authority: 16 U.S.C. 1531-1544; and 16 U.S.C. 742a et seq.,
unless otherwise noted.
Sec. 222.102 [Amended]
2. In Sec. 222.102, the definitions: ``Atlantic Shrimp Fishery--
Sea Turtle Conservation Area (Atlantic SFSTCA)'', ``Gulf Shrimp
Fishery--Sea Turtle Conservation Area (Gulf SFSTCA)'', and
``Leatherback conservation zone'' are removed.
PART 223--THREATENED MARINE SPECIES AND ANADROMOUS SPECIES.
3. The authority citation for part 223 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
4. In Sec. 223.206:
a. Paragraph (d)(2)(ii)(B)(1) is re-designated as paragraph
(d)(2)(ii)(A)(5), and paragraphs (d)(2)(ii)(B)(2) and (3) are re-
designated as paragraphs (d)(2)(ii)(B)(1) and (2), respectively.
b. Paragraph (d)(2)(iv) is removed, and paragraph (d)(5) is removed
and reserved.
c. Paragraph (d)(2)(ii)(A)(2) is revised to read as follows:
Sec. 223.206 Exceptions to prohibitions relating to sea turtles.
* * * * *
(d) * * *
(2) * * *
(ii) * * *
(A) * * *
(2) Is a bait shrimper that retain all live shrimp on board with a
circulating seawater system, if it does not possess more than 32 pounds
(14.5 kg) of dead shrimp on board, if it has a valid original state
bait-shrimp license, and if the state license allows the licensed
vessel to participate in the bait shrimp fishery only;
* * * * *
5. In Sec. 223.207:
a. Paragraph (a) introductory text and paragraphs (a)(3), (a)(4),
(a)(6) are revised; paragraphs (a)(7)(i) and (a)(8)(i) are removed;
paragraphs (a)(7)(ii) and (a)(8)(ii) are re-designated as paragraphs
(a)(7)(i) and (a)(8)(i), respectively, and revised; and paragraphs
(a)(7)(ii) and (a)(8)(ii) are reserved;
b. Paragraph (b)(2) is removed and reserved;
c. Paragraph (c)(1)(iv) is revised;
d. Paragraph (d)(2) is removed; paragraph (d)(3) is re-designated
as paragraph (d)(2) and revised; and paragraphs (d)(4) and (d)(5) are
re-designated as (d)(3) and (d)(4), respectively, to read as follows:
Sec. 223.207 Approved TEDs.
* * * * *
(a) Hard TEDs. Hard TEDs are TEDs with rigid deflector grids,
considered single-grid hard TEDs such as the Matagorda and Georgia TED
(Figures 3 & 4 to this part). Hard TEDs complying with the following
generic design criteria are approved TEDs:
* * * * *
(3) Angle of deflector bars. (i) The angle of the deflector bars
must be between 30 deg. and 55 deg. from the normal, horizontal flow
through the interior of the trawl.
(A) The deflector bars run from top to bottom and are attached to
the bottom of the TED frame. The angle of the bottom most 4 inches (10
cm) of each deflector bar, measured along the bars, must not exceed
45 deg. (Figures 14A and 14B to this part).
(B) [Reserved]
(ii) [Reserved]
(4) Space between bars. The space between deflector bars and
between the deflector bars and the TED frame must not exceed 4 inches
(10.2 cm). The deflector bars must be firmly attached to the TED frame
at both ends.
* * * * *
(6) Position of the escape opening. The escape opening must be made
by removing a rectangular section of webbing from the trawl centered on
and immediately forward of the frame at either the top or bottom of the
net when
[[Page 50155]]
the net is in the deployed position. The escape opening must be at the
top of the net when the slope of the deflector bars from forward to aft
is upward, and must be at the bottom when such slope is downward. The
passage from the mouth of the trawl through the escape opening must be
completely clear of any obstruction or modification.
(7) * * *
(i) Single-grid hard TEDs. On a single-grid hard TED, the cut for
the escape opening cannot be narrower than the outside width of the TED
frame minus 4 inches (10.2 cm) on both sides of the grid, when measured
as a straight line width. The overall size of the escape opening must
match one of the following specifications:
(A) Standard opening. The two forward cuts of the escape opening
must not be less than 20 inches (51 cm) long from the points of the cut
immediately forward of the TED frame. The resultant length of the
leading edge of the escape opening cut must be a minimum of 71 inches
(180 cm). (Figure 1A of this part illustrates the dimensions of these
cuts). A webbing flap, as described in (d)(3)(i) of this section, may
be used with this escape hole. The resultant opening with a webbing
flap must have a minimum width of 71 inches (180 cm) straight-line
stretched mesh (Figure 1C of this part). The circumference of the exit
opening must be 142 inches (361 cm) when stretched.
(B) Double cover flap TED opening. The two forward cuts of the
escape opening must not be less than 20 inches (51 cm) long from the
points of the cut immediately forward of the TED frame. The resultant
length of the leading edge of the escape opening cut must be no less
than 56 inches (142 cm)(Figure 16 of this part illustrates the
dimensions of these cuts). A webbing flap, as described in (d)(3)(ii)
of this section, may be used with this escape hole.
(ii) [Reserved]
(8) * * *
(i) Single-grid hard TED. A single-grid hard TED must have a
minimum inside horizontal and vertical measurement of 32 inches (81
cm). The required inside measurement must be at the mid-point of the
deflector grid.
(ii) [Reserved]
* * * * *
(c) * * *
(1) * * *
(iv) Escape Opening. A horizontal cut extending from the attachment
of one side of the deflector panel to the trawl to the attachment of
the other side of the deflector panel to the trawl must be made in a
single row of meshes across the top of the trawl and measure at least
96 inches (244 cm) in taut width. All trawl webbing above the deflector
panel between the 96-inch (244-cm) cut and edges of the deflector panel
must be removed. A rectangular flap of nylon webbing not larger than 2-
inch (5.1-cm) stretched mesh may be sewn to the forward edge of the
escape opening. The width of the flap must not be larger than the width
of the forward edge of the escape opening. The flap must not extend
more than 12 inches (30.4 cm) beyond the rear point of the escape
opening. The sides of the flap may be attached to the top of the trawl
but must not be attached farther aft than the row of meshes through the
rear point of the escape opening. One row of steel chain not larger
than 3 /16 inch (4.76 mm) may be sewn evenly to the back edge of the
flap. The stretched length of the chain must not exceed 96 inches (244
cm).
* * * * *
(d) * * *
(2) Webbing flap. A webbing flap may be used to cover the escape
opening under the following conditions: No device holds it closed or
otherwise restricts the opening; it is constructed of webbing with a
stretched mesh size no larger than 1 5/8 inches (4.1 cm); it lies on
the outside of the trawl; it is attached along its entire forward edge
forward of the escape opening; it is not attached on the sides beyond
the row of meshes that lies 6 inches (15.2 cm) behind the posterior
edge of the grid. The sides of the flap must be sown on the same row of
meshes fore and aft. The flaps may not overlap the escape hole cut by
more than 3 meshes on either side.
(i) Standard TED flap. The flap must be a 133-inch (338-cm) by 58-
inch (148-cm) piece of webbing. The 133-inch (338-cm) edge of the flap
is attached to the forward edge of the opening (71-inch (180-cm) edge).
The sides of the flap may overlap the exit hole on either side by no
more than 5 inches (13 cm). The flap may extend no more than 24 inches
(61 cm) behind the posterior edge of the grid (Figure 1B illustrates
this flap).
(ii) Double cover flap TED flap. This flap must be composed of two
equal size rectangular panels of webbing. Each panel must be no less
than 58 inches (147 cm) wide and may overlap each other no more than 15
inches (38 cm). The panels may only be sewn together along the leading
edge of the cut. The edge of the panels may be attached 6 inches (15
cm) behind posterior edge of grid, the end of each panel must not
extend more than 6 inches (15 cm) past the posterior edge of the grid
(Figure 16). The sides of the flap must be sown on the same row of
meshes fore and aft. The flaps may not overlap the escape hole cut by
more than 3 meshes on either side. Chafing webbing described in
paragraph (d)(4) of this section may not be used with this type of
flap.
* * * * *
6. In part 223:
a. Remove Figure 1, and remove and reserve Figures 2, 12A, 12B, and
15.
b. Add Figures 1A, 1B, and 1C to part 223.
c. Revise Figure 11 to read as follows:
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[FR Doc. 01-24521 Filed 10-1-01; 8:45 am]
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