[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10962]


[[Page Unknown]]

[Federal Register: May 6, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040494B]

 

Sea Turtle Conservation; Shrimp Trawling Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare an environmental impact statement; 
request for scoping comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces its intention to prepare a proposed rule 
pursuant to the Endangered Species Act (ESA) that would amend NMFS' 
regulations relating to endangered and threatened species of sea 
turtles. The purpose of this notice is to alert the interested public 
of the commencement of a scoping process and to provide for public 
participation in the preparation of the environmental impact statement 
(EIS) as required by the National Environmental Protection Act (NEPA).

DATES: Written comments will be accepted by NMFS until June 6, 1994.

ADDRESSES: Written comments on this notice should be addressed to 
William W. Fox, Jr., Ph.D., Director, Office of Protected Resources, 
NMFS, 1335 East-West Highway, Silver Spring, MD, 20910.

FOR FURTHER INFORMATION CONTACT: Phil Williams, Acting Chief, 
Endangered Species Division, (301) 713-2319; Doug Beach, Protected 
Species Program Coordinator, NMFS Northeast Regional Office, (508) 281-
9254; or Charles A. Oravetz, Chief, Protected Species Program, NMFS 
Southeast Regional Office, (813) 893-3366.

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the ESA. Kemp's ridley (Lepidochelys 
kempii), leatherback (Dermochelys coriacea) and hawksbill (Eretmochelys 
imbricata) turtles are listed as endangered. Loggerhead (Caretta 
caretta), green (Chelonia mydas) and olive ridley (Lepidochelys 
olivacea) turtles are listed as threatened, except for breeding 
populations of green turtles in Florida and on the Pacific coast of 
Mexico, and the breeding population of olive ridley turtles on the 
Pacific coast of Mexico, which are listed as endangered.
    In 1990, the National Academy of Sciences (NAS) completed a review 
of the biology of sea turtles, and the causes and significance of their 
decline. The NAS concluded that incidental capture in shrimp trawls 
without turtle excluder devices (TEDs) is by far the leading cause of 
human-induced mortality to sea turtles at sea, but collectively, the 
activities in the non-shrimp fisheries constitute the second largest 
source of mortality. The study identified finfish trawls, seine nets, 
pompano gillnets, and various passive fishing gear such as sink 
gillnets, weirs, traps and longlines as potential sources of mortality 
to sea turtles.
    NMFS is considering sea turtle conservation measures addressing 
incidental takings in non-shrimp fisheries. NMFS is considering many 
options, including: (1) Requiring the use of nets equipped with NMFS-
approved turtle excluder devices (TEDs) at certain times of the year by 
non-shrimp bottom trawl fishing vessels fishing in waters of Delaware 
through Texas, to protect threatened and endangered sea turtles; (2) 
establishing a mandatory observer requirement in all fisheries that may 
take sea turtles incidental to fishing operations; and (3) providing a 
mechanism to allow NMFS to respond quickly to emergency situations that 
threaten listed sea turtles. Through these management actions, NMFS 
intends to protect endangered and threatened sea turtles in a manner 
that is compatible with commercial fishing operations. NMFS intends to 
solicit further public comments and to hold public hearings during the 
rulemaking process.

1. TED-Use Requirement

    Under the current regulations, most shrimp trawlers are required to 
use TEDs in inshore and offshore waters from North Carolina through 
Texas. Other bottom-trawl vessels using essentially the same equipment 
are not required to use TEDs, despite operating in areas with turtles. 
NMFS has determined that non-shrimp bottom trawlers, such as summer 
flounder bottom trawlers, are as likely to capture and drown sea 
turtles as are shrimp trawlers. Through an interim rule (58 FR 48797, 
September 20, 1993), NMFS currently requires the summer flounder 
fishery to use TEDs in the waters off North Carolina and southern 
Virginia.
    Turtle stranding and observation data suggest that turtles are 
found year-round off portions of North Carolina, in the waters of 
Virginia and Maryland from May through December, and in New York 
coastal bays from July through October. Information on turtle 
occurrence and capture is limited for areas north of Delaware Bay. 
However, NMFS is collecting data on the possible incidental take of 
turtles in the North Atlantic.
    NMFS is considering requiring bottom trawlers operating in offshore 
waters south of Cape May, NJ, to use TEDs, and is collecting 
information regarding when and where bottom trawlers interact with sea 
turtles. NMFS requests comments on bottom trawl gear and fisheries that 
may capture sea turtles.

2. Mandatory Observer Coverage

    Under the current regulations (50 CFR 227.72), NMFS must propose a 
temporary rule in order to require mandatory observer coverage in any 
non-shrimp fishery that may take sea turtles.
    Non-shrimp fisheries using longlines, bottom trawls, gillnets, 
pound nets and traps are suspected to be major causes of sea turtle 
mortality at sea. The NAS recommended that NMFS conduct a comprehensive 
observer-based assessment of incidental capture of sea turtles in non-
shrimp fisheries.
    NMFS is considering establishing a mandatory observer requirement 
in those fisheries that are not already required to carry observers 
upon NMFS request. The observer system would require NMFS to publish a 
finding that a specific fishery is believed to be taking sea turtles. 
This finding would notify the fishery that the Regional Director may 
require observers at any time, and will notify vessel owners by 
personal communication. An observer requirement might also include a 
registration requirement, observer access requirement and observer 
treatment standards.

3. Emergency Response Framework

    Under the current regulations (50 CFR 227.72), NMFS cannot take 
timely action during emergencies that result in mass turtle strandings. 
Unpredictable situations, despite compliance with current regulations, 
may require immediate sea turtle conservation measures that cannot wait 
for lengthy agency and public review. Emergency rulemaking can take 2 
weeks to 2 months to implement, depending on the required measures and 
complexity of the rule.
    NMFS is considering the establishment of framework measures to 
respond to specific sea turtle emergencies. For example, if NMFS 
determines that high concentrations of small juvenile turtles that are 
not excluded by standard TEDs are occurring with fishing activity, it 
may notify the fishery (through the Federal Register and various media) 
of immediate conservation measures such as gear modification, 
observers, or area closures. Because the industry will have been 
notified in advance through rulemaking that specific emergency measures 
may be required for specific purposes, delayed effectiveness and prior 
notice would not be required. Emergency conservation measures could be 
in effect for up to 30 days.

(Authority: 42 U.S.C. 4332 et seq.; 16 U.S.C. 1531 et seq.)

    Dated: April 28, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 94-10962 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-22-P