[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Rules and Regulations]
[Pages 32898-32900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13210]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No. 040604170-4170-01; I.D. 060204D]
RIN 0648-AS42
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary emergency rule.
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SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions
on shrimp trawlers in offshore Atlantic waters west of 77[deg]57.5' W.
long. (approximately Cape Fear, N.C.) and north of 30[deg] N. lat.
(just north of St. Augustine, Fla.). Shrimp trawlers in this area are
prohibited from fishing at night between 9 p.m. and 5 a.m. eastern
daylight time (EDT). NMFS is taking this action because NMFS has
determined that recent, unusually high increases in shrimping effort in
this area, particularly very long tows made at night, are the cause of
extraordinarily high mortality and strandings of sea turtles that are
listed as endangered or threatened. This action is necessary to reduce
mortality of listed sea turtles incidentally captured in shrimp trawls.
DATES: This action is effective from June 7, 2004 through July 7, 2004.
ADDRESSES: Assistant Regional Administrator for Protected Resources,
NMFS Southeast Regional Office, 9721 Executive Center Drive North,
Suite 102, St. Petersburg, FL 33702, 727-570-5312.
For access to the docket to read background documents go to http://www.regulations.gov and/or the mailing address listed above.
FOR FURTHER INFORMATION CONTACT: Robert Hoffman (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) turtles
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.
Sea turtles are incidentally taken and killed as a result of
numerous activities, including fishery trawling activities 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, or if in accordance with the
terms and conditions of a biological opinion issued under section 7 of
the ESA or an incidental take permit issued under section 10 of the
ESA. 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 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; see 50 CFR 223.206) 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, the flounder TED, and one type of soft TED the
Parker soft TED (see 50 CFR 223.207).
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 testing based upon specific testing
protocols (50 CFR 223.207(e)(1)). 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.
February 21, 2003, Amendments to the Sea Turtle Conservation
Regulations
On February 21, 2003, NMFS issued a final rule (68 FR 8456),
amending the sea turtle conservation regulations to protect large
loggerhead, green, and leatherback sea turtles. The February 2003 final
rule requires that all shrimp trawlers fishing in the offshore waters
of the southeastern United States (Atlantic area and Gulf area) and the
inshore
[[Page 32899]]
waters of Georgia and South Carolina use either a double cover flap
TED, a single-grid hard TED with a 71-inch (180-cm) opening, or a
Parker soft TED with a 96-inch (244-cm) opening in each net rigged for
fishing. In inshore waters, except those of Georgia and South Carolina,
the rule allows the use of a single-grid hard TED with a 44-inch (112-
cm) opening, a Parker soft TED with a 56-inch (142-cm) opening, and a
hooped hard TED with a 35-inch (89-cm) by 27-inch (69-cm) escape
opening.
Section 4(b)(7) of the Endangered Species Act (16 U.S.C.
1533(b)(7)), provides for issuance of regulations, not subject to
notice and comment, regarding emergencies posing a significant risk to
the well-being of listed species. Such regulations may take effect
immediately upon filing for public inspection in the Federal Register,
and may be effective up to 240 days.
Recent Events
NMFS has been notified by the Georgia Department of Natural
Resources (GADNR) that extraordinarily high numbers of threatened and
endangered sea turtles have stranded off the Georgia coast. From May 5,
2004, through May 24, 2004, a total of 82 sea turtles have washed
ashore along the Georgia coast (shrimp zones 30 and 31). By comparison,
the 12-year average of stranded sea turtles in Georgia for this time
period is about 18. Considering the fact that strandings are only a
minimum estimate of actual mortality, these strandings represent a
serious impact to local sea turtle populations.
Information from GADNR and NOAA enforcement indicates that there is
a high number of shrimp boats off Georgia for the current season.
Georgia state waters are closed to shrimping, so the fishery is
currently operating only in Federal waters, targeting high-value, large
white shrimp. These sources also indicate there are a large number of
very large, powerful shrimp vessels from North Florida and Gulf states
(estimated at 25-30 boats) that are participating in the fishery. These
boats are generally capable of fishing a greater number of larger nets
at higher speeds than the local boats. Although white shrimp are
generally only caught during the day, these large vessels have been
observed to be fishing 24-hours-a-day and using long tow times (up to
12 hours in some cases). Local fishermen fish mostly in the day to
target white shrimp using tow times of two to four hours. The 24-hour
fishing, in conjunction with long tow times, represents a significant
increase in effort in this area. An aerial survey to monitor shrimping
effort on May 21 found that most of the large trawlers were
concentrated in the southern part of the state, in the area of highest
strandings.
NMFS believes that the increased shrimping effort, particularly the
switch to nighttime fishing and very long tow-times, is responsible for
the sharp increase in turtle mortality and strandings along the Georgia
coast.
Analysis of Other Factors
NMFS has analyzed other factors that might have contributed to the
turtle strandings, including environmental conditions, and no possible
causes other than shrimp trawling have been identified. A single vessel
fishing for sharks using drift gillnets a fishing method that is known
to capture and kill sea turtles has been operating in Federal waters in
the Florida-Georgia border area in the past month. A NMFS observer has
been aboard that vessel for every trip since May 12, however, and no
sea turtle interactions have been observed. There is no evidence of a
red tide or other harmful plankton bloom event or any major disease
factor. The condition of the stranded turtles has indicated that they
were generally healthy and actively foraging prior to their deaths,
which is consistent with strandings resulting from shrimp trawling. The
carcasses have primarily been coming ashore in the vicinity of areas
where shrimping effort has been concentrated. NMFS and state personnel
will continue to investigate factors other than shrimping that may
contribute to sea turtle mortality in the area, including other
fisheries and environmental factors.
Restrictions on Fishing for Shrimp Trawlers
Pursuant to 16 U.S.C. 1533(b)(7), NMFS has determined that the
unusually high recent numbers of strandings and mortalities of sea
turtles off the coast of Georgia constitute a significant risk to the
well-being of listed species of sea turtles. NMFS has determined that
this temporary emergency rule prohibiting shrimp trawl fishing during
night time hours is necessary to alleviate the increased shrimping
effort in the area that has been determined to be the cause of the
recent increase in strandings. NMFS has determined that this emergency
prohibition on night time shrimp trawl fishing is necessary in an area
larger than the current hot-spot of strandings, to prevent fishing
practices that are harmful to sea turtles from simply relocating to
other areas in the South Atlantic. Specifically, this rule prohibits
shrimp trawling in the area in offshore Atlantic waters west of
77[deg]57.5' W. longitude (approximately Cape Fear, N.C.) and north of
30[deg] N. latitude (just north of St. Augustine, Fla.) between 9 p.m.
and 5 a.m. EDT. This restriction is effective from June 7, 2004 through
11:59 p.m. (local time) July 7, 2004. NMFS is restricting this
emergency rule to a 30-day period because the vessels responsible for
the unusual increase in effort off the Georgia coast typically target
their fishing efforts in Gulf of Mexico waters beginning in late June
to early July.
This restriction has been announced on the NOAA weather channel, in
newspapers, and other media. Shrimp trawl fishermen may also call
(727)570-5312 for updated information on shrimping restrictions.
NMFS will continue to monitor sea turtle strandings to gauge the
effectiveness of these emergency measures.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
NMFS has determined that this action is necessary to respond to an
emergency situation to provide adequate protection for threatened and
endangered sea turtles pursuant to the ESA and other applicable law.
This temporary rule is being promulgated under 16 U.S.C. 1533(b)(7),
and includes a detailed statement of the reasons why such regulation is
necessary, as required by that section. Therefore, the requirements of
5 U.S.C. 553 are inapplicable.
As prior notice and an opportunity for public comment are not
required to be provided for this rule pursuant to 16 U.S.C. 1533(b)(7),
the analytical requirements of 5 U.S.C. 601 et seq., are inapplicable.
As required by 16 U.S.C. 1533(b)(7), NMFS has consulted with the
marine fisheries officials in Florida, Georgia, South Carolina, and
North Carolina on this emergency action. The required nighttime closure
will be complementary to existing nighttime closures of state waters in
Georgia, South Carolina, and North Carolina, in that there will be a
closure; however, the times of the closure in Federal waters are not
exactly the same as the times for the closure in state waters.
NMFS has prepared an Environmental Assessment (EA) for this action.
Copies of the EA are available (see ADDRESSES).
[[Page 32900]]
Dated: June 7, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries.
[FR Doc. 04-13210 Filed 6-7-04; 4:50 pm]
BILLING CODE 3510-22-S