[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12063]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 940539-4139; I.D. 050694I]

 

Sea Turtle Conservation; Approved Turtle Excluder Devices

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS is issuing a final rule, technical amendment, to the 
regulations requiring shrimp trawlers in the Gulf of Mexico and the 
Atlantic Ocean off the southeastern United States to use Turtle 
Excluder Devices (TEDs) to reduce the incidental capture of endangered 
and threatened sea turtles during shrimp trawling. The amendment 
describes an escape opening for single-grid hard TEDs that may be used 
to exclude leatherback turtles. It conforms to the generic design 
criteria of TEDs, but is specifically devised to allow leatherback 
turtles to escape. The intended effect of this rule is to increase the 
options available to fishermen required to use certain TEDs when 
leatherback turtles are abundant in certain areas if NMFS restricts 
shrimping activity to protect leatherbacks.

EFFECTIVE DATE: May 13, 1994.

FOR FURTHER INFORMATION CONTACT: Phil Williams, NMFS National Sea 
Turtle Coordinator (301-713-2319) or Charles A. Oravetz, Chief, 
Protected Species Program, NMFS, Southeast Region (813-893-3366).

SUPPLEMENTARY INFORMATION:

Background

    With certain exceptions, regulations at 50 CFR 227.72 require 
shrimp trawlers in the Atlantic Area and Gulf Area to have NMFS-
approved TEDs installed in nets rigged for fishing. TEDs are designed 
to allow sea turtles caught in shrimp trawls to escape. The regulations 
currently allow the use of hard TEDS, which have rigid deflector grids 
and meet specified generic design criteria, and soft TEDs, which have 
deflector panels made from polypropylene or polyethylene webbing and 
meet specified standards on construction and installation. The 
dimensions of the escape openings of most approved TEDs are 
insufficient for leatherbacks which are significantly larger than other 
sea turtles.
    Leatherback turtles usually occur in pelagic waters far removed 
from shrimping activities. However, they are known to aggregate off the 
coast of Florida in the winter and move north along the coasts of 
Georgia, South Carolina, and North Carolina from early spring through 
early summer. During some years, these aggregations appear in nearshore 
areas where they are vulnerable to capture in shrimp trawl nets.
    NMFS previously approved the Taylor TED and modifications to the 
Morrison TED (May 17, 1993, 58 FR 28795) which are soft TEDs that 
provide escape openings large enough for leatherbacks. Discussed below 
is an escape opening/flap combination for single-grid hard TEDs that is 
large enough to allow leatherbacks to pass through. This escape opening 
and flap meet all the generic requirements for single-grid hard TEDs.
    On May 5, 1994, NMFS issued a temporary rule (59 FR 23169) that 
establishes all inshore and offshore waters from Cape Canaveral, 
Florida, to the North Carolina-Virginia border as the leatherback 
conservation zone and notifies owners and operators of shrimp trawlers 
operating in that zone that short-term area closures may be required if 
high abundance levels of leatherback turtles are documented this spring 
and summer. NMFS will close those areas to any shrimp trawler required 
to have a TED installed in each net that is rigged for fishing unless 
the TED installed is a NMFS-approved Taylor TED, a Morrison TED 
modified for leatherback turtles, or the single-grid hard TED with the 
modification described below.

Leatherback Turtle Escape Opening for Single-Grid Hard TEDs

    The following description includes approximate mesh sizes only to 
provide a general indication of the size of the required openings. The 
number of meshes will differ depending on the mesh size of each net. 
The actual regulatory requirement is based on inches, and any 
enforcement actions will be based on whether the escape opening for 
single-grid hard TEDs meets the requirements in inches, not mesh size. 
It is the responsibility of owners and operators of vessels using this 
modification to the single-grid hard TED to ensure that the 
measurements comply with the requirements of 50 CFR 
227.72(e)(4)(i)(G)(2)(ii), which is based on inches.
    A single-grid hard TED escape opening must be enlarged to allow 
leatherback turtles to escape by cutting an exit hole in the extension 
forward of the TED frame 26 inches deep (66 cm, about 16 meshes), on 
each side, by 83 inches across (211 cm, about 51 meshes) (Figures 12a 
and 12b). 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 by 58-inch (338 cm by 148 cm, or about 82 meshes by 36 meshes) 
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 edge of the 
cover is attached to the forward edge of the opening (83-inch edge) 
with a sewing sequence of 3:2. The cover should overlap 5 inches (13 
cm, about 3 meshes) of the exit hole on each side. The side of the 
cover is attached, maintaining the 5-inch (13 cm, about 3 meshes) 
overlap, to the side of the opening by sewing 28 inches (71 cm, about 
17 meshes) of the cover to 26 inches (66 cm, about 16 meshes) of the 
opening forward of the TED frame, and by sewing 15 inches (38 cm, about 
9 meshes) of the cover to 15 inches (38 cm, about 9 meshes) 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 also have a minimum circumference of 
142 inches (361 cm).

Classification

    Pursuant to section 553(b)(B) of the Administrative Procedure Act 
(APA), the Assistant Administrator for Fisheries, NOAA, finds that it 
is unnecessary and contrary to the public interest to provide prior 
notice and opportunity for comment on this action because it merely 
notifies the public that a particular escape opening has been 
described. This opening is consistent with existing regulations for 
hard TEDs, and can be used to allow the escape of leatherback turtles. 
Because this action relieves a restriction, pursuant to section 553(d) 
of the APA, 30-day delayed effectiveness for this action is not 
required.
    This rule is exempt from OMB review under E.O. 12866.
    Because this final rule, technical amendment, is being issued 
without prior public comment, a regulatory flexibility analysis is not 
required under the Regulatory Flexibility Act and none has been 
prepared.

List of Subjects in 50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

    Dated: May 12, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set forth in the preamble, 50 CFR part 227 is 
amended as follows:

PART 227--THREATENED FISH AND WILDLIFE

    1. The authority citation for part 227 continues to read as 
follows:

    Authority: 16 U.S.C. 1531 et seq.

    2. In Sec. 227.72, paragraph (e)(4)(i)(G)(2) is redesignated 
paragraph (e)(4)(i)(G)(2)(i), and a new paragraph (e)(4)(i)(G)(2)(ii) 
is added to read as follows:


Sec. 227.72  Exceptions to prohibitions.

* * * * *
    (e) * * *
    (4) * * *
    (i) * * *
    (G) * * *
    (2) * * *
    (ii) Escape opening for leatherback turtles.
    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 of 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 (338-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 should 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 cover to 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 also have a minimum circumference of 
142 inches (361 cm).
* * * * *
    3. Figures 12a and 12b are added to part 227 to read as follows:

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[FR Doc. 94-12063 Filed 5-13-94; 12:21 pm]
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