[Federal Register Volume 66, Number 93 (Monday, May 14, 2001)]
[Rules and Regulations]
[Pages 24287-24290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12081]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 010409084-1084-01; I.D. 030601A]
RIN 0648-AP16
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) issues an interim
final rule to add the double cover flap Turtle Excluder Device (TED) to
the list of hard TEDs approved for use by shrimp trawlers operating in
the Atlantic Ocean off the southeastern United States and in the Gulf
of Mexico and as a TED approved for use without modification in a
closed portion of the leatherback conservation zone. NMFS is adding
this TED to these lists because upon completion of the testing
protocols the TED has been found to meet all criteria for approval. The
intent of this rule is to provide an additional option by which
fishermen can comply with the requirement that all nets rigged for
fishing in the Atlantic or Gulf Areas have an approved TED installed
for use.
DATES: This interim final rule is effective May 14, 2001.Comments on
this interim final rule are requested, and must be received by June 13,
2001. Comments sent by email or the internet will not be accepted.
ADDRESSES: Comments on this action should be addressed to the Chief,
Endangered Species Division, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Robert Hoffman, 727-570-5312.
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 turtle
(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
223.206. The incidental taking of turtles during shrimp or summer
flounder trawling is exempted 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, 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.
TEDs incorporate an escape 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 shown to be 97 percent effective in
excluding sea turtles during experimental TED testing. Most approved
hard TEDs are described in the regulations (50 CFR 223.207(a))
according to 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, the opening must be at least 35 inches (89 cm) in width
and 12 inches (30 cm) in height. In the Gulf Area, the opening must be
at least 32 inches (81 cm) in width and 10 inches (25 cm) in height.
Leatherback Contingency Plan
NMFS, in cooperation with the U.S. Fish and Wildlife Service, South
Carolina Wildlife & Marine Resources Department, Georgia Department of
Natural Resources, and Florida Department of Environmental Protection
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 25620, May 12, 1995). Leatherback turtles are
too large to fit through the standard size TED opening; when mature
they can weigh between 600 and 1300 pounds (273 and 591 kg). The
Leatherback Contingency Plan includes procedures to identify when and
where TEDs with larger escape openings should be used to protect
leatherbacks during their annual, spring migration along the Atlantic
seaboard. The leatherback conservation zone is the waters north of Cape
Canaveral, FL, to the North Carolina-Virginia border. 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 closes, 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. There is currently one
approved leatherback modification for hard TEDs and one for the Parker
soft TED.
Double Cover Flap TED
In June 2000 NMFS tested the new double cover flap TED design. This
design includes the use of a split flap. This TED has an escape opening
with a width of 56 inches (142 cm), covered with a split flap composed
of two equal size rectangular panels. Each panel must be no less than
58 inches (147 cm) wide and must not overlap each other by 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 the posterior edge of grid, and the end of each panel must
not extend more than 6 inches (15 cm) past the center of the bottom of
the grid.
Double Cover Flap TED Testing
A total of ten turtles were exposed to a double cover flap TED in
the bottom opening configuration. Five of these turtles were exposed to
a double cover flap TED with the flap extending 24 inches (61 cm) past
the grid and the other five were exposed to a TED with the flap
extending 3 inches (8 cm) past the grid frame. All ten turtles escaped,
but escape from the short flap TED was faster by an average of 33
seconds. The long flap in this configuration also had trouble
maintaining its integrity during
[[Page 24288]]
use. After disturbances (i.e., debris or an animal going through the
opening) the flaps sometimes became caught in the grid causing large
gaps which could lead to shrimp loss. Shorter flaps (6 inches (15 cm)
or less) did not have this problem.
During the evaluation of the flaps, gear specialists paid
particular attention to the overlap-split flap and whether it was
capable of re-closing correctly and repeatedly. Due to the fact that
the individual flap-pieces overlap, once opened, the bottom flap must
fold back in place before the top flap. During dives, efforts to
distort the two flap pieces did not affect the manner in which the flap
closed. No matter how much the diver opened and distorted the flap, it
always closed in the correct sequence.
This TED was also tested to see if a large object could easily pass
through. NMFS obtained the carapace measurements of 15 nesting female
leatherback turtles and used these measurements to construct a pipe
framed model of a leatherback turtle. This model measured 40 inches
wide by 21 inches deep (102 cm by 53 cm). The test was performed by a
diver swimming through the trawl with the model and pushing it through
the TED opening. During this test, the diver was able to push the model
through the opening with ease. When the model was inverted (simulating
the dorsal surface of the turtle being against the TED frame), the
diver was still able to push the model through the opening with ease.
The double cover flap TED was tested to determine its ability to
retain shrimp when compared to a currently available commercial TED
with a standard flap. Twenty-four comparative tows were made. The
double cover flap TED gained 0.00257 pounds of shrimp per tow when
compared to the TED with the standard flap.
Provisions of the Interim Final Rule
This interim final rule allows the use of the double cover flap TED
in all trawls required to use a TED in the Atlantic off the
southeastern United States and the Gulf of Mexico, including during
times when the leatherback contingency plan has been implemented due to
high concentrations of leatherback turtles in a specific area. The
double cover flap TED is a modification of a standard, single-grid hard
TED with the escape opening enlarged to at least 56 inches (142 cm)
wide and 20 inches (51 cm) forward and aft, covered with a split flap
composed of two equal size rectangular panels. Each panel must be no
less than 58 inches (147 cm) wide and must not overlap each other by
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 the posterior edge of the grid, and the end of
each panel must not extend more than 6 inches (15 cm) past the center
of the posterior edge of the grid. Chafing webbing must not be used
with this TED, as such use would defeat the center-opening design of
this TED. Use of accelerator funnels with this TED is prohibited. NMFS
is concerned that the amount of webbing that would have to be used to
construct an accelerator funnel that is large enough to exclude
leatherback turtles could result in slack webbing in the throat of the
net and potentially hinder the escape of sea turtles of all sizes.
Although the regulations for hard TEDs modified to have an escape
opening large enough to exclude leatherback turtles
(227.207(a)(7)(ii)(B) (1)) currently allow the use of an accelerator
funnel NMFS is considering proposing a rule which would prohibit the
use of an accelerator funnel.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities. This interim final
rule will not have significant economic impact on a substantial number
of small entities because the provisions of the interim final rule
would allow fishermen an additional TED option. As a result, a
regulatory flexibility analysis was not prepared.
This interim final rule adds a new TED to the list of TEDs approved
for use, thus helping the fishermen by giving them one more TED option
from which to choose. Fishermen do not have to use this new TED (they
can continue to use existing ones if they so choose.) Accordingly, the
agency determined to permit use of the TED immediately, but will
receive and consider comments prior to making the interim rule a final
rule.
Because this interim final rule does not create any new regulatory
burden, but instead relieves regulatory restrictions by adding an
option for complying with existing sea turtle conservation
requirements, under 5 U.S.C. 553(d)(1) it is not subject to a 30-day
delay in effective date.
List of Subjects in 50 CFR Part 223
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: May 8, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 223 is amended
as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
1. The authority citation for part 223 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 223.12 also
issued under 16 U.S.C. 1361 et seq.
2. In Sec. 223.207, paragraph (a)(7)(ii)(B) is revised to read as
follows:
Sec. 223.207 Approved TEDs
* * * * *
(a) * * *
(7) * * *
(ii) * * *
(B) Escape opening for leatherback turtles-- (1) Standard
leatherback opening. A single-grid hard TED escape opening shall be
enlarged to allow leatherback turtles to escape by cutting an exit hole
in the extension forward of the TED frame 26 inches (66 cm) deep, on
each side, by 83 inches (211 cm) across (Figures 12a and 12b to this
part). Excess webbing is removed by cutting across \1/2\ mesh forward
of the TED frame. The exit hole cover is made by cutting a 133-inch
(388 cm) by 58-inch (148 cm) piece of webbing no smaller than 1\1/2\
inch (4 cm) stretch mesh and no larger than 1 \5/8\ inch (4.2 cm)
stretch mesh. The 133-inch (338 cm) edge of the cover is attached to
the forward edge of the opening (83-inch (211 cm) edge) with a sewing
sequence of 3:2. The cover must overlap 5 inches (13 cm) of the exit
hole on each side. The side of the cover is attached, maintaining the
5-inch (13 cm) overlap, to the side of the opening by sewing 28 inches
(71 cm) of the cover to 26 inches (66 cm) of the opening forward of the
TED frame and by sewing 15 inches (38 cm) of the extension behind the
TED frame. The cover may extend no more than 24 inches (61 cm) behind
the posterior edge of the TED frame. The circumference of the exit
opening must be 142 inches (361 cm) when stretched. If an accelerator
funnel is used with a single-grid hard TED, modified as above, it must
have a minimum circumference of 142 inches (361 cm).
(2) Double cover flap TED opening. A single-grid hard TED escape
opening
[[Page 24289]]
shall be enlarged to allow leatherback turtles to escape by cutting an
exit hole in the extension forward of the TED frame 20 inches (51 cm)
deep, on each side, by 56 inches (142 cm) across. Excess webbing is
removed by cutting across 1/2 mesh forward of the TED frame. The exit
hole cover is made by cutting two equal size rectangular panels of
webbing with mesh sizes no smaller than 1\1/2\ inch (4 cm) stretch mesh
and no larger than 1 \5/8\ inch (4.2 cm) stretch mesh. Each panel must
be no less than 58 inches (147 cm) wide. The 58-inch (147 cm) edges of
each panel are attached to the forward edge of the opening (56-inch
(142 cm) edge) with a sewing sequence of 3:2. When both panels are
attached, they may overlap each other by no more than 15 inches (38
cm). The panels may only be sewn together along the leading edge of the
cut. The panels may not overlap the escape hole cut by more than 3
meshes on either side. The outer edges of the panels may be attached in
the same row of meshes forward and aft. The end of each panel may not
extend more than 6 inches (15 cm) past the posterior edge of the grid.
Accelerator funnels and chafing webbing may not be used with this TED.
(Figure 16 of this part illustrates the escape opening and flap
dimensions for the double cover flap TED.)
* * * * *
3. Figure 16 to part 223-Escape Opening and Flap Dimensions for the
Double Cover Flap TED is added to read as follows:
BILLING CODE 3510-22-S
[[Page 24290]]
FIGURE 16 TO PART 223--Escape Opening and Flap Dimensions for the
Double Cover Flap TED
[GRAPHIC] [TIFF OMITTED] TR14MY01.006
[FR Doc. 01-12081 Filed 5-11-01; 8:45 am]
BILLING CODE 3510-22-C