[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Rules and Regulations]
[Pages 15512-15520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7235]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 950309069-5069-01; I.D. 060694A]
RIN 0648-AG71


Sea Turtle Conservation; Restrictions Applicable to Shrimp 
Trawling Activities; Flotation Device Requirements

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

ACTION: Final rule; technical amendments.

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SUMMARY: NMFS issues this final rule to require shrimp trawlers using 
Turtle Excluder Devices (TEDs) in the Gulf and Atlantic Areas to attach 
specified flotation devices to hard TEDs or special hard TEDs with 
bottom escape openings. This action is necessary to improve the ability 
of bottom-opening, hard TEDs, and special hard TEDs to safely exclude 
sea turtles. In addition, NMFS is making technical amendments to the 
sea turtle conservation regulations to expand TED configuration options 
or to clarify gear descriptions, thereby reducing the chances of 
incidental capture and mortality of endangered and threatened sea 
turtles.

EFFECTIVE DATE: This rule is effective March 31, 1995, except for 
Sec. 227.72(e)(4)(i)(I)(2)(ii), which contains information collection 
requirements that have not yet been approved by the Office of 
Management and Budget (OMB). Once OMB approves these requirements, a 
document will be published in the Federal Register announcing the 
effective date.

ADDRESSES: Requests for a copy of the environmental assessment (EA) 
prepared for this action, and comments on this action, should be 
addressed to the Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, Chief, Protected 
Species Management Branch, NMFS, Southeast Region (813/570-5312), or 
Barbara Schroeder, Acting National Sea Turtle Coordinator, NMFS Office 
of Protected Resources (301/713-1401).

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or [[Page 15513]] 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. 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 these species, as a result of 
shrimp trawling activities, have 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 227.72. Existing sea turtle conservation 
regulations (50 CFR part 227, subpart D) require most shrimp trawlers 
operating in the Gulf and Atlantic areas to have a NMFS-approved TED 
installed in each net rigged for fishing, year round. The required use 
of TEDs has significantly reduced shrimp trawler related mortalities of 
sea turtles.
    NMFS regulations also set forth criteria for allowable 
modifications to NMFS-approved TEDs including the use of flotation 
devices. Under 50 CFR 227.72(e)(4)(iv)(A), floats may be attached to 
TEDs only if they are attached to the outside of the net or inside the 
net behind the rear surface, at the top of the TED. They may not be 
attached to a flap. In previous TED certification tests, bottom-
opening, single-grid TEDs were tested with flotation. However, because 
it was not previously evident to NMFS gear specialists that the lack of 
flotation on bottom-opening TEDs may prevent turtle release if used in 
certain ways, flotation was not required.

Interim Final Rule

    NMFS issued an interim final rule, with a request for comments, 
requiring the use of floats on bottom-opening single-grid TEDs (59 FR 
33447, June 29, 1994). NMFS issued an interim final rule because 
delaying issuance of a flotation requirement to provide prior notice 
and an opportunity for public comment would likely result in lethal 
takings of endangered and threatened sea turtles. As discussed in the 
interim rule, there is information that the lack of flotation on 
bottom-opening hard TEDs is likely preventing sea turtles from safely 
exiting the trawls. For the same reasons, the interim rule was made 
effective with only a 14-day delay in effective date rather than the 
normal 30-day delay.

Comments and Responses on the Interim Final Rule

    NMFS received numerous comments on the interim final rule, both 
from participants in meetings with NMFS personnel and by letter. NMFS 
reviewed all the comments and combined them under general categories 
provided below.
    Comment: Although the implementation of the flotation requirement 
alone did not appear to substantially reduce turtle mortalities in the 
Gulf of Mexico during the summer of 1994, the use of floats should 
still be required because less experienced shrimp vessel operators may 
drag their nets on the bottom, resulting in sea turtle capture as well 
as unnecessary damage to trawl nets.
    Response: NMFS agrees. The combination of the flotation requirement 
with heightened enforcement efforts during the periods of high sea 
turtle strandings in the Gulf of Mexico resulted in significant 
reductions in sea turtle mortalities during the summer of 1994. Thus, 
with some alterations to the flotation specifications, NMFS is making 
the flotation requirement a permanent addition to the TED regulations.
    Comment: The delayed implementation of the interim final rule was 
shortened from the normal 30-day period to 14 days. This short period 
did not provide shrimpers with sufficient time to comply with flotation 
requirement.
    Response: The Administrative Procedure Act (APA) provides that the 
publication of a rule shall be made not less than 30 days before its 
effective date, except as otherwise provided by the agency for good 
cause found and published with the rule (see 5 U.S.C. 553(d)). In this 
case, NMFS determined that good cause existed to reduce the delayed 
effective date from 30 days to 14 days because delayed implementation 
of the flotation requirement would have likely resulted in lethal 
takings of endangered and threatened sea turtles. In addition, NMFS 
gear experts noted that most shrimpers already possessed the 
inexpensive floats required. Finally, notice of the flotation 
requirement was informally given weeks before the effective date of the 
rule when NMFS staff met with members of the shrimping industry and 
media to request voluntary compliance with the flotation requirement.
    Comment: Required use of floats will cause nets to twist. Twisted 
nets could result in lost catch and possible entanglement of sea 
turtles.
    Response: NMFS gear experts met and traveled with members of the 
shrimp fishery who reported twisted nets resulting from floats on the 
TEDs. NMFS gear experts have noted that a net that is set with a twist 
in it is unlikely to untwist itself during the course of fishing, if 
floats are attached. Conversely, a properly set net with floats on the 
TED will not become twisted. In thousands of hours of TED testing, NMFS 
has never experienced a problem with twisting TEDs. NMFS believes that 
if proper care is taken when setting nets with TEDs with floats, net 
twisting can be prevented.
    Comment: The requirement to use two polyvinyl chloride (PVC) floats 
on larger TEDs should not be applied to trawlers in shallow waters, as 
too much flotation will cause the net to fish too far off the bottom, 
resulting in lost catch.
    Response: The interim final rule specified required flotation for a 
single-grid TED with a circumference of 120 inches (304.8 cm) or more 
to consist of a minimum of either one 9.8 inch (25.0 cm) diameter hard 
plastic or aluminum float or two 6.75 inches (17.2 cm) by 8.75 inches 
(22.2 cm) expanded PVC floats. Two PVC floats were required because PVC 
becomes compressed in deep water and loses buoyancy. While two PVC 
floats may provide excess flotation in shallow water, the same floats 
will provide adequate buoyancy in deeper water to ensure the TED does 
not drag on the bottom.
    NMFS does not believe that this rule should be revised to create 
different requirements in different water depths because water depth 
requirements would be largely unenforceable. NMFS recommends that 
trawlers working in shallow waters switch to aluminum or hard plastic 
floats. In addition, the final rule provides options for shrimpers to 
use marked floats that would match the buoyancy of the TED, so that the 
problem of excessive flotation could be avoided. 50 CFR 
227.72(e)(4)(i)(I)(2) allows shrimp fishermen to use floats of size and 
in any combination so that the combined buoyancy of the floats equals 
or exceeds that of the TED, as long as both the floats and TEDs have 
proper markings indicating their weight or buoyancy.
    Comment: Tongue trawls (bib-type trawls) with hard TEDs should be 
exempt from the flotation requirement because the bib line on these 
nets normally would keep the TED from dragging on the bottom. The use 
of floats with this type of net would cause the net to fish off the 
bottom, reducing the catch.
    Response: NMFS agrees that extra flotation might cause a tongue 
trawl to [[Page 15514]] fish too high when the center bridle line is 
tight. However, there is no way to determine how the line is being 
handled in the water: A slack center bridle line would allow the TED to 
drag on the bottom. Enforcement officers would be unable to effectively 
enforce any such exemption and ensure protection for sea turtles. 
Consequently, NMFS does not believe that tongue trawls should be exempt 
for the requirement to use floats.
    Comment: Aluminum TEDs should be exempt from the flotation 
requirement. TEDs made from hollow, welded aluminum tubing can be 
positively buoyant, and light-weight aluminum rod constructions would 
not need additional flotation.
    Response: In a June 14, 1994 news release, NMFS requested that 
shrimpers voluntarily attach flotation to bottom-opening hard TEDs, 
except those constructed of aluminum tubing. NMFS made this request 
prior to publication of the interim final rule, and at that time 
believed that floats may not be necessary on aluminum TEDs. Further 
investigation by NMFS gear experts, however, revealed that aluminum 
single-grid TEDs also require supplemental flotation for proper 
buoyancy.
    While hollow tube TEDs can retain air, all welds must be 
watertight. In the course of normal wear-and-tear, it is impossible to 
ensure that the welds will be able to exclude water under high 
hydrostatic pressure at fishing depths. The experience of NMFS 
enforcement personnel is that hollow TEDs can and do flood under actual 
use.
    NMFS' experience with solid rod aluminum TEDs is that they, too, 
need flotation to achieve neutral buoyancy. NMFS divers have filmed 
solid aluminum single-grid TEDs dragging hard on the bottom when 
insufficient flotation is used. Therefore, NMFS included aluminum TEDs 
in the flotation requirement in both the interim final rule and this 
final rule.
    NMFS does recognize that the interim rule may have required too 
much flotation on TEDs that are constructed of very light materials. 
Likewise, too little flotation may have been required on TEDs that are 
constructed of very heavy materials. To address that problem, this 
final rule includes a provision for matching the buoyancy of the floats 
to the weight of each TED.
    Comment: The specifications in the interim rule, based on the 
physical dimensions of the floats, do not allow for the use of floats 
of different shapes and sizes or multiple, smaller floats whose 
buoyancy may be equivalent. Fishermen who attempted to use other types 
and combinations of floats were complying with the intent of the 
regulation, but were not complying with the letter of the regulation.
    Response: NMFS agrees that there are many possible combinations of 
floats that would produce sufficient buoyancy to prevent TEDs from 
dragging on the bottom, and trapping sea turtles. When the buoyancy of 
each float can be easily determined, allowing the use of different 
numbers and sizes of floats would provide much greater flexibility to 
shrimpers in configuring their gear, based on their personal experience 
and preference. Therefore, provisions for the use of various 
combinations of floats of marked buoyancy have been incorporated in 
this final rule at 50 CFR 227.72(e)(4)(i)(I)(3).
    Comment: Expanded ethylene vinyl acetate (EVA) should be considered 
as an alternative float material. Expanded EVA has the same 
characteristics as expanded PVC.
    Response: NMFS agrees that floats constructed of expanded EVA could 
be used in place of expanded PVC. Provisions for the use of expanded 
EVA floats have been incorporated in this final rule.

Final Rule and Changes From the Interim Final Rule

    As a result of comments and recommendations received, the final 
rule differs from the interim rule in several areas.
    1. The interim final rule required flotation on only bottom-opening 
single-grid hard TEDs because these TEDs are the ones most frequently 
used and an need to rapidly address the emergency situation presented 
by the strandings last spring. Bottom-opening hooped hard TEDs and 
bottom-opening Jones TEDs which make up only a small portion of TEDs in 
use, also have the same dragging problem. Therefore, the final rule 
extends the flotation requirement to all bottom-opening hard and 
special hard TEDs, including hooped hard TEDs and a single special hard 
TED, the Jones TED.
    2. The final rule allows for the use of floats constructed from 
expanded EVA as an alternative to floats constructed from expanded PVC. 
NMFS gear experts determined that the characteristics of expanded EVA 
are substantially similar to expanded PVC. Allowance of this material 
expands the options available to fishermen to comply with this rule.
    3. The interim final rule specified required flotation solely on 
the basis of the size of the floats and the circumference of the TED. 
These measurements provide useful and enforceable approximations of the 
buoyancy provided by the floats and the buoyancy required by the TED. 
They do not, however, provide a means for exactly matching the weight 
of the TED to the buoyancy, nor do they provide for the use of 
equivalent amounts of flotation by floats that do not meet the size 
specifications. The final rule provides three alternatives by which 
shrimpers can comply with the requirement to use floats. These 
alternatives address many of the comments expressed above and provide 
for maximum flexibility for shrimp fishermen. The first alternative, 50 
CFR 227.72(e)(4)(i)(I)(1), provides the same requirement as that of the 
interim rule with respect to amount of flotation for TEDs with a 
circumference of 120 inches or greater and for TEDs with a smaller 
circumference.
    The second alternative, 50 CFR 227.72(e)(4)(i)(I)(2), provides that 
floats of any size and in any combination may be attached so that the 
combined buoyancy of the floats equals or exceeds the weight of the TED 
provided that the floats and TEDs are marked by the manufacturers with 
their buoyancy and weight as specified in the regulation. NMFS has held 
informal discussions with some TED and float manufacturers who 
indicated that, while marked floats and TEDs are currently not 
generally available, they could be produced without great difficulty. 
NMFS believes that marked floats and TEDs will become more widely 
available, as manufacturers respond to demand from fishermen for 
labeled gear that will enable them to comply with this provision. 
Furthermore, previously manufactured TEDs may be weight marked by 
returning them to a registered manufacturer. By simply adding up the 
flotation values of the floats used and comparing that value to the 
imprinted weight of the TED, both fishermen and enforcement officials 
can quickly and easily determine whether sufficient flotation is being 
used to prevent bottom-opening TEDs from entrapping turtles. At the 
same time, shrimpers can be assured that they are not using excess 
flotation, which could result in handling difficulties or decreased 
catches.
    The third alternative, at 50 CFR 227.72(e)(4)(i)(I)(3), provides 
for the use of floats of any size and in any combination, provided that 
the floats are marked as required, to achieve a certain buoyancy based 
on the circumference of the TED. This provision is established in order 
to increase the flotation options available before weight-marked TEDs 
become widely available in the industry. By allowing shrimpers to 
select different sizes and combinations of floats based 
[[Page 15515]] on their buoyancy, the final rule provides more 
flexibility in customizing gear for optimum handling. As an example, 
shrimpers may elect to use two smaller floats offset to the sides to 
stabilize the TED rather than one large float.

Technical Amendments to TED Gear Descriptions

    A number of technical amendments are made to the sea turtle 
regulations to expand the options of shrimpers in configuring TEDs or 
to clarify previous gear descriptions.
    1. The maximum allowable grid angle for hard TEDs is increased from 
50 deg. to 55 deg.. A TED's optimum grid angle, both for turtle 
exclusion and shrimp retention, is 45 deg.. Following proper 
installation of a single-grid hard TED or special hard TED in a new 
net, regular break-in and stretching of the net will cause the grid to 
sag, decreasing the grid angle by up to 10 deg.. Therefore, increasing 
the maximum grid angle to 55 deg. allows TEDs to be installed in new 
nets so that the optimum grid angle of 45 deg. will be achieved after 
the net is broken in.
    2. The requirements for escape openings on hard TEDs are clarified 
to prevent the possibility of turtle entrapment. The original 
requirements only specified an overall size for the escape opening. 
With certain TEDs, however, an escape opening could be cut that matched 
the regulatory specifications but that still left pockets of net 
webbing at the bottom edge of the TED that could entangle and trap a 
turtle. The technical amendment specifies the minimum amount of trawl 
net webbing material that must be cut along the face of the TED grid, 
though the existing requirements for minimum escape openings remain 
unchanged. This will ensure that the escape opening is not restricted 
at the face of the TED. The cut in the trawl webbing for the escape 
opening cannot be narrower than the outside width of the grid minus 8 
inches (20.4 cm). In other words, the width of the cut in the trawl 
webbing along the face of the grid must extend on either side to within 
4 inches (12.2 cm) of the maximum outside width of the grid. Figure 13 
illustrates the dimensions for the cut.
    3. The use of chafing webbing gear with bottom-opening TEDs, 
previously an allowable modification for hard TEDs used only in the 
summer flounder trawl fishery, is made an allowable modification for 
hard TEDS used in all trawl fisheries in which TEDs are required. 
Additionally, the materials which may be used and the method of 
attachment of the webbing chafing gear are specified.
    4. The use of door frames on the exiting openings of hooped hard 
TEDs is no longer allowed. Continuing evaluation of TED technology by 
NMFS revealed that the use of a metal frame door frame on hooped hard 
TEDs may interfere with the release of small turtles. This change is 
believed to be beneficial to sea turtles and to have a negligible 
impact on fishermen. Doors on existing hooped hard TEDs can be easily 
removed at the hinges or sawed off, and a webbing flap may be used to 
cover the escape opening.
    5. The method of attachment of the escape opening webbing flap is 
clarified to state that the sides of the webbing flap may be attached 
to the trawl webbing no farther back than the row of meshes which lies 
6 inches (15.2 cm) behind the posterior edge of the grid. This 
description is much clearer than the previous description, and is 
therefore easier to comply with and enforce.
    6. The requirements for the escape opening of the Taylor soft TED 
are changed. The minimum width of the forward edge of the escape 
opening is reduced from 96 inches (244 cm) to 72 inches (183.6 cm). The 
initial certification testing of the Taylor TED was conducted on a TED 
with the 72-inch (183.6-cm) forward edge, and that TED met NMFS 
certification requirements. Therefore, the description of the Taylor 
TED is changed to reflect the originally certified gear. Provisions 
remain in the Taylor TED description, however, for increasing the 
forward edge of the escape opening of the Taylor TED to 96 inches (244 
cm) in order to permit the exclusion of leatherback turtles.
    7. The method of attachment of an accelerator funnel forward of a 
hard TED is clarified. A funnel may be inserted immediately forward of 
the TED if its rear edge does not extend past the bars of the TED. The 
leading edge of the funnel may be sewn to the trawl around its entire 
circumference; the trailing edge of the funnel may be attached to the 
TED along 1/3 of the circumference of the funnel, on the side opposite 
the escape opening.
    8. The description of the Andrews soft TED is changed to allow more 
flexibility in the construction of the TED. The Andrews TED is 
described as a webbing funnel within the trawl, and for the purposes of 
the regulation, the bottom panel of the trawl net may be incorporated 
as the bottom panel of the funnel. This change requires the bottom edge 
of the side panels of the funnel to be sewn to the bottom panel of the 
trawl, if the bottom panel of the trawl is being used as the bottom 
panel of the funnel. Andrews TEDs constructed in this way should not 
have any deleterious effect on turtles compared to full-funnel Andrews 
TEDs, as the bottom panel of the trawl is a much smaller mesh size than 
the TED itself, and would not likely entangle turtles.
    In addition, the requirement is deleted that the rear edge of the 
Andrews TED funnel extend to within 20 inches (50.8 cm) of the net 
extension. This requirement did not reflect the originally certified 
TED and made Andrews TEDs difficult to construct.
    9. The use of roller gear with hard TEDs and special hard TEDs is 
allowed. Rollers, constructed of hard plastic, attached beneath the TED 
in a way that does not interfere with the TED escape opening, may 
reduce the TED's dragging on the bottom and can reduce chafing and 
damage to the TED and trawls. While roller gear may reduce chafing, 
attachment of proper flotation to a TED is the most effective means to 
control chafing on the TED and to ensure sea turtle escape from bottom-
opening TEDs.
    10. The description of construction materials approved for use in 
hard TEDs is clarified. If steel or aluminum tubing is used, the tubing 
must have a minimum outside diameter of 1/2 inch (1.27 cm) and a 
minimum wall thickness of 1/8 inch (0.32 cm). The previous description 
specified a minimum inside diameter of 1/4 inch (0.64 cm) which would 
result in excessively heavy TEDs if a larger outside diameter pipe was 
used, which was not the intention of the original rule.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists, under authority at 5 U.S.C. 553(b)(B), to waive the 
requirement for prior notice and an opportunity for public comment on 
those provisions of this rule described above as technical amendments 
to TED gear descriptions. Such procedures are unnecessary because these 
changes are minor, technical amendments to existing regulations.
    With respect to the provisions of this final rule which implement 
provisions of the interim final rule without change, no delay in 
effective date is required. Regarding those provisions of the interim 
final rule that have been changed by this final rule and those new 
provisions of this final rule, described above as technical amendments 
to TED gear descriptions, which have the effect [[Page 15516]] of 
relieving restrictions on shrimpers, no delay in effective date is 
required under 5 U.S.C. 553(d)(1). Concerning those provisions added by 
this final rule requiring the use of flotation on hooped hard TEDs and 
on the Jones TED, the AA finds for good cause, pursuant to 5 U.S.C. 
553(d)(3), that it is unnecessary and contrary to the public interest 
to delay for 30 days the effective date of these provisions because 30-
day delayed implementation of this requirement could result in 
unnecessary lethal takings of endangered and threatened sea turtles and 
most shrimpers already possess the necessary and inexpensive flotation 
devices required and can install them quickly. The AA has determined 
that 7-days delay in effective date will provide more than sufficient 
time to come into compliance. Further, with respect to those provisions 
of this rule described above as technical amendments to TED gear 
descriptions which impose new requirements on shrimpers, such as no 
longer allowing the use of door frames on hooped hard TEDs, the AA 
finds good cause to waive the 30-day delay in effective date under 5 
U.S.C. 553(d)(3) because the restrictions are very minor and can be 
accomplished quickly and at little or no cost and that to delay their 
implementation could cause unnecessary lethal takings of endangered or 
threatened sea turtles. The AA has determined that a 7-day delay in 
effective date will provide more than sufficient time to come into 
compliance.
    In the interest of uniformity with respect to implementation of the 
provisions of this rule, NMFS has determined to make the entire rule 
effective March 30, 1995, except for Sec. 227.72(e)(4)(i)(I)(2)(ii), 
which contains information collection requirements that have not yet 
been approved by OMB.
    This rule contains a collection of information subject to the 
Paperwork Reduction Act (PRA). This collection has been submitted to 
OMB for approval. Upon approval, a notice of effectiveness will be 
published in the Federal Register.
    The AA prepared an EA for the final rule (57 FR 57348, December 4, 
1992) requiring TED-use in shrimp trawls. A supplemental EA was 
prepared for the interim final rule and another was prepared 
specifically for this final rule, which concludes that this action will 
have no significant impact on the human environment. A copy of the EA 
is available (see ADDRESSES) and comments on it are requested.

List of Subjects in 50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Incorporation 
by reference, Marine mammals, Transportation.

    Dated: March 17, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out 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)(iii)(A)(2) is removed and 
reserved; paragraph (e)(4)(iii)(E) is added; and paragraphs 
(e)(4)(i)(A)(3), (e)(4)(i)(C), (e)(4)(i)(G)(1), (e)(4)(i)(G)(2)(i), 
(e)(4)(i)(I), (e)(4)(ii)(A), (e)(4)(ii)(B), (e)(4)(iii)(C), 
(e)(4)(iii)(D), and (e)(4)(iv) are revised to read as follows:


Sec. 227.72  Exceptions to prohibitions.

* * * * *
    (e) * * *
    (4) * * *
    (i) * * *
    (A) * * *
    (3) Steel or aluminum tubing with a minimum outside diameter of 1/2 
inch (1.27 cm) and a minimum wall thickness of 1/8 inch (0.32 cm) (also 
known as schedule 40 tubing).
* * * * *
    (C) Angle of deflector bars. 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.
* * * * *
    (G) * * *
    (1) On a hooped hard TED, the escape opening must not be smaller 
than 25 inches by 25 inches (63.5 cm by 63.5 cm) in the Gulf Area, or 
30 inches by 30 inches (76.2 cm by 76.2 cm) in the Atlantic Area. A 
door frame may not be used over the escape opening; however, a webbing 
flap may be used as provided in paragraph (e)(4)(iv)(C) of this 
section.
    (2)(i) On a single-grid hard TED, the cut in the trawl webbing for 
the escape opening cannot be narrower than the outside width of the 
grid minus 4 inches (10.2 cm) on both sides of the grid, when measured 
as a straight line width. (Figure 13 of this part illustrates the 
dimensions of this cut.) The resulting escape opening in the net 
webbing must measure at least 32 inches (81.3 cm) in horizontal taut 
length and, simultaneously, 10 inches (25.4 cm) in vertical taut height 
in the Gulf Area; or 35 inches (88.9 cm) in horizontal taut length and, 
simultaneously, 12 inches (30.5 cm) in vertical taut height in the 
Atlantic Area. The vertical measurement must be taken at the midpoint 
of the horizontal measurement.
* * * * *
    (I) Flotation. Floats must be attached to the top one-half of all 
hard TEDs with bottom escape openings. The floats may be attached 
either outside or inside the net, but not to a flap. Floats attached 
inside the net must be behind the rear surface. Floats must be attached 
with heavy twine or rope. Floats must be constructed of aluminum, hard 
plastic, expanded polyvinyl chloride, or expanded ethylene vinyl 
acetate unless otherwise specified. The requirements of this paragraph 
may be satisfied by compliance with either the dimension requirements 
of paragraph (e)(4)(i)(I)(1) of this section, or the buoyancy 
requirements of paragraph (e)(4)(i)(I)(2) of this section, or the 
buoyancy-dimension requirements of paragraph (e)(4)(i)(I)(3) of this 
section. If roller gear is used pursuant to paragraph (e)(4)(iv)(E), 
the roller gear must be included in the circumference measurement of 
the TED or the total weight of the TED.
    (1) Float dimension requirements. (i) For hard TEDs with a 
circumference of 120 inches (304.8 cm) or more, a minimum of either one 
round, aluminum or hard plastic float, no smaller than 9.8 inches (25.0 
cm) in diameter, or two expanded polyvinyl chloride or expanded 
ethylene vinyl acetate floats, each no smaller than 6.75 inches (17.2 
cm) in diameter by 8.75 inches (22.2 cm) in length, must be attached.
    (ii) For hard TEDs with a circumference of less than 120 inches 
(304.8 cm), a minimum of either one round, aluminum or hard plastic 
float, no smaller than 9.8 inches (25.0 cm) in diameter, or one 
expanded polyvinyl chloride or expanded ethylene vinyl acetate float, 
no smaller than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2 
cm) in length, must be attached.
    (2) Float buoyancy requirements. Floats of any size and in any 
combination must be attached such that the combined buoyancy of the 
floats, as marked on the floats, equals or exceeds the weight of the 
hard TED, as marked on the TED. The buoyancy of the floats and the 
weight of the TED must be clearly marked on the floats and the TED as 
follows:
    (i) Float buoyancy markings. Marking must be made in clearly 
legible raised [[Page 15517]] or recessed lettering by the original 
manufacturer. The marking must identify the buoyancy of the float in 
water, expressed in grams or kilograms, and must include the metric 
unit of measure. The marking may additionally include the buoyancy in 
English units. The marking must identify the nominal buoyancy for the 
manufactured float.
    (ii) TED weight markings. The marking must be made by a registered 
TED manufacturer and must be permanent and clearly legible and must be 
accompanied by the identifying symbol of the registered manufacturer. 
The marking must identify the in-air, dry weight of the TED, expressed 
in grams or kilograms, and must include the metric unit of measure. The 
marking may additionally include the weight in English units. The 
marked weight must represent the actual weight of the individual TED as 
manufactured. Previously manufactured TEDs may be marked upon return to 
a registered TED manufacturer. Where a TED is comprised of multiple 
detachable components, the weight of each component must be separately 
marked. A TED manufacturer may become registered to mark TEDs by 
requesting registration in writing from the NMFS Southeast Regional 
Director. To request registration, the manufacturer should write to the 
Director, Southeast Region, NMFS, 9721 Executive Center Dr. North, St. 
Petersburg, FL 33702, and include the manufacturer's name, address, and 
telephone number; the sizes, styles, and anticipated number of TEDs to 
be produced annually; the method of marking; and a description of the 
manufacturer's distinctive, identifying symbol. Upon receipt of a 
complete request, the Director, Southeast Region, NMFS, will notify the 
manufacturer in writing of their registration.
    (3) Buoyancy-dimension requirements. Floats of any size and in any 
combination, provided that they are marked pursuant to paragraph 
(e)(4)(i)(I)(2)(i) of this section, must be attached such that the 
combined buoyancy of the floats equals or exceeds the following values:
    (i) For floats constructed of aluminum or hard plastic, regardless 
of the size of the TED grid, the combined buoyancy must equal or exceed 
14 lb (6.4 kg);
    (ii) For floats constructed of expanded polyvinyl chloride or 
expanded ethylene vinyl acetate, where the circumference of the TED is 
120 inches (304.8 cm) or more, the combined buoyancy must equal or 
exceed 20 lb (9.1 kg); or
    (iii) For floats constructed of expanded polyvinyl chloride or 
expanded ethylene vinyl acetate, where the circumference of the TED is 
less than 120 inches (304.8 cm), the combined buoyancy must equal or 
exceed 10 lb (4.5 kg).
    (ii) * * *
    (A) Flounder TED (Figure 10 of this part). The Flounder TED must be 
constructed of at least 1 1/4 inch (3.2 cm) outside diameter aluminum 
or steel pipe with a wall thickness of at least 1/8 inch (0.3 cm). It 
must have a rectangular frame with outside dimensions which can be no 
less than 51 inches (129.5 cm) in length and 32 inches (81.3 cm) in 
width. It must have at least five vertical deflector bars, with bar 
spacings of no more than 4 inches (10.2 cm). The vertical bars must be 
connected to the top of the frame and to a single horizontal bar near 
the bottom. The horizontal bar must be connected at both ends to the 
sides of the frame and parallel to the bottom bar of the frame. There 
must be a space no larger than 10 inches (25.4 cm) between the 
horizontal bar and the bottom bar of the frame. An additional vertical 
bar runs from the middle of the bottom bar to the middle of the 
horizontal bar dividing the opening at the bottom into two rectangles 
with an opening height of no more than 10 inches (25.4 cm) and an 
opening width of no more than 14 1/2 inches (36.8 cm). If, because of 
the width of the TED, the opening width of the bottom rectangles 
exceeds the maximum allowed, additional vertical bars must be added. 
This TED must comply with paragraphs (e)(4)(i)(B), (e)(4)(i)(C), 
(e)(4)(i)(F), and (e)(4)(i)(G) of this section with respect to the 
method of attachment, the angle of the deflector bars, the position of 
the escape opening, and the size of the escape opening, except that the 
deflector bars must be positioned in the net to deflect turtles to the 
escape opening in the top of the trawl. This TED may not be configured 
with a bottom escape opening. Installation of an accelerator funnel is 
not permitted with this TED. Use of this TED is restricted to the 
Atlantic summer flounder bottom trawl fishery.
    (B) Jones TED (Figure 11 of this part). The Jones TED must be 
constructed of at least 1 1/4 inch (3.2 cm) outside diameter aluminum 
or steel pipe, and the pipe must have a wall thickness of at least 1/8 
inch (0.3 cm). It must be generally oval in shape with a flattened 
bottom. The deflector bars must be attached to the frame at a 45 deg. 
angle from the horizontal positioning downward and each bar must be 
attached at only one end to the frame. The deflector bars must be 
attached and lie in the same plane as the frame. The space between the 
ends of the bottom deflector bars and the bottom frame bar must be no 
more than 3 inches (7.6 cm). The spacing between the bottom three 
deflector bars on each side must be no greater than 2 1/2 inches (6.4 
cm). The spacing between all other deflector bars must not exceed 3 1/2 
inches (8.9 cm) and spacing between ends of opposing deflector bars 
also must not exceed 3 1/2 inches (8.9 cm). This TED must comply with 
paragraphs (e)(4)(i)(B), (e)(4)(i)(C), (e)(4)(i)(F), (e)(4)(i)(G), 
(e)(4)(i)(H)(2), and (e)(4)(i)(I) of this section with respect to the 
method of attachment, the angle of the deflector bars, the position of 
the escape opening, the size of the escape opening, the size of the 
grid, and flotation.
    (iii) * * *
    (C) Andrews TED (Figures 8a and 8b of this part). The Andrews TED 
is a funnel constructed of 5-inch (12.7-cm) stretched mesh polyethylene 
or polypropylene webbing that is sewn inside a shrimp trawl. The bottom 
panel of the trawl may be used as the bottom panel of the funnel, so 
long as the bottom edges of the sides of the funnel are sewn at every 
mesh to the bottom panel of the trawl. The leading edge of the funnel 
must be sewn with heavy twine at all points to the outer trawl 
beginning on the row of meshes located 20 meshes behind the center of 
the footrope and continuing around the circumference of the trawl, 
following the same row of meshes. The webbing may not be laced with 
rope. The funnel must taper to an escape opening in the bottom of the 
trawl. The trailing edge on the funnel must be sewn at all points 
around the circumference of the escape opening. The escape opening must 
be at least 96 inches (243.8 cm) in circumference. A webbing flap may 
be used to cover the escape opening if no device holds the webbing flap 
closed or otherwise restricts the opening, and if such flap is 
constructed of webbing that has a stretched mesh size no larger than 2 
inches (5.1 cm), lies on the outside of the trawl, is attached along 
its entire forward edge forward of the escape opening, is 50 meshes 
wide and 15 meshes deep, does not overlap the exit opening more than 5 
meshes on each side (it may be attached along the 15-mesh edge), and 
maintains an opening of at least 48 inches (121.9 cm) in a taut 
position.
    (D) Taylor TED (Figures 9a and 9b of this part). The Taylor TED is 
constructed of 6-inch (15.2-cm) polyethylene or polypropylene webbing 
that is heat-set knotted or braided. The Taylor TED deflector panel 
must be not less than 228 inches (580 cm) on the leading edge and not 
less than 120 inches (305 cm) long. The leading edge, sides, and apex 
of the deflector panel [[Page 15518]] must be sewn to the trawl body so 
as to form a complete barrier to large objects inside the trawl net 
forward of the codend or extension. The apex may be removed not more 
than 24 inches (61 cm) forward of the rear point. If the apex is 
removed, a rectangular section 24 inches (61 cm) long must be sewn 
evenly to the rear of the deflector panel to maintain the 120-inch 
(305-cm) length. The leading edge of the Taylor TED deflector panel 
must be sewn to the bottom body of the trawl net. The rear point of the 
deflector panel, or rear edge, if the apex is removed, must be sewn 
evenly, centered across the top body. An escape opening must be located 
on the top of the trawl body centered over the deflector panel. The 
opening must measure not less than 72 inches (183.6 cm), must be in a 
single row of meshes, and must be located no farther forward than the 
point where its entire length is above the deflector panel--the forward 
edge of the opening must extend from the attachment of the deflector 
panel on one side of the body, across the top of the body, to the 
attachment of the deflector panel on the other side. All trawl webbing 
above the deflector panel between the 72-inch (183.6-cm) cut and the 
posterior edge 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 may not exceed the length of the forward edge of the triangular 
opening. The flap may extend not more than 12 inches (30.5 cm) beyond 
the rear point of the escape opening. The sides of the flap may be 
attached to the body, but may not be attached farther aft than the rear 
point of the escape opening. One row of 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 may not exceed 84 inches (214.2 cm).
    (E) Allowable modifications to soft TEDs. The following 
modifications may be made to the Morrison and Taylor TEDs to increase 
the size of the escape opening to permit the exclusion of leatherback 
turtles. An enlarged escape opening must be created on the top of the 
trawl body centered over the deflector panel. The opening must measure 
not less than 96 inches (244 cm), must be in a single row of meshes, 
and must be located no farther forward than the point where its entire 
length is above the deflector panel--the forward edge of the opening 
must extend from the attachment of the deflector panel on one side of 
the body, across the top of the body, to the attachment of the 
deflector panel on the other side. All trawl webbing above the 
deflector panel between the 96-inch (244-cm) cut and the posterior edge 
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 may not 
exceed the length of the forward edge of the triangular opening. The 
flap may extend not 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 
body, but may not be attached farther aft than the rear point of the 
escape opening. One row of 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 may not exceed 96 inches (244 cm). For the Morrison TED, 
the apex of the excluder panel may be removed no more than 48 inches 
(122 cm) forward of the rear edge. A rectangular section 48 inches (122 
cm) long must then be sewn evenly to the rear of the excluder panel to 
maintain the length prescribed in the description of the Morrison TED. 
For the Morrison TED, the addition of a webbing flap and the 
modification of the excluder panel may only be done conjointly with the 
enlargement of the escape opening as described in this paragraph 
(e)(4)(iii)(E).
    (iv) Allowable modifications to TEDs. No modifications may be made 
to an approved soft TED, except for the modifications described in 
paragraph (e)(4)(iii)(E). Unless otherwise prohibited in paragraph 
(e)(4)(ii) of this section, only the following modifications may be 
made to an approved hard TED and an approved special hard TED:
    (A) Floats. In addition to floats required pursuant to paragraph 
(e)(4)(i)(I) of this section, floats may be attached to the top one-
half of the TED, either outside or inside the net, but not to a flap. 
Floats attached inside the net must be behind the rear surface at the 
top of the TED.
    (B) Accelerator funnel. An accelerator funnel may be installed in 
the trawl, if it is made of net webbing material with a stretched mesh 
size not greater than 1 5/8 inches (4.1 cm), if it has an inside 
horizontal opening of at least 39 inches (99.1 cm) when measured in a 
taut position, if it is inserted in the net immediately forward of the 
TED, and if its rear edge does not extend past the bars of the TED. The 
trailing edge of the accelerator funnel may be attached to the TED on 
the side opposite the escape opening if not more than 1/3 of the 
circumference of the funnel is attached, and if the inside horizontal 
opening of at least 39 inches (99.1 cm) is maintained. In a downward 
shooting TED, only the top 1/3 of the circumference of the funnel may 
be attached to the TED. In an upward shooting TED, only the bottom 1/3 
of the circumference of the funnel may be attached to the TED.
    (C) Webbing flap. A webbing flap may be used to cover the escape 
opening if no device holds it closed or otherwise restricts the 
opening, and if it is constructed of webbing with a stretched mesh size 
no larger than 1 5/8 inches (4.1 cm), lies on the outside of the trawl, 
is attached along its entire forward edge forward of the escape 
opening, 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, and does 
not extend more than 24 inches (61.0 cm) beyond the posterior edge of 
the grid.
    (D) Chafing webbing. A single piece of nylon webbing, with a twine 
size no smaller than size 36 (2.46 mm in diameter), may be attached 
outside of the escape opening webbing flap to prevent chafing on bottom 
opening TEDs. This webbing may be attached along its leading edge only. 
This webbing may not extend beyond the trailing edge or sides of the 
existing escape opening webbing flap, and it must not interfere or 
otherwise restrict the turtle escape opening.
    (E) Roller gear. Roller gear may be attached to the bottom of a TED 
to prevent chafing on the bottom of the TED and the trawl net. When a 
webbing flap is used in conjunction with roller gear, the webbing flap 
must be of a length such that no part of the webbing flap can touch or 
come in contact with any part of the roller gear assembly or the means 
of attachment of the roller gear assembly to the TED, when the trawl 
net is in its normal, horizontal position. Roller gear must be 
constructed according to one of the following design criteria:
    (1) A single roller consisting of hard plastic shall be mounted on 
an axle rod, so that the roller can roll freely about the axle. The 
maximum diameter of the roller shall be 6 inches (15.24 cm), and the 
maximum width of the axle rod shall be 12 inches (30.4 cm). The axle 
rod must be attached to the TED by two support rods. The maximum 
clearance between the roller and the TED shall not exceed 1 inch (2.5 
cm) at the center of the roller. The support rods and axle rod must be 
made from solid steel or solid aluminum rod no larger than 1/2 inch 
(1.28 cm) in diameter. The attachment of the support rods to the TED 
shall be such that there are no protrusions (lips, sharp edges, burrs, 
etc.) on the front face [[Page 15519]] of the grid. The axle rod and 
support rods must lie entirely behind the plane of the face of the TED 
grid.
    (2) A single roller consisting of hard plastic tubing shall be 
tightly tied to the back face of the TED grid with rope or heavy twine 
passed through the center of the roller tubing. The roller shall lie 
flush against the TED. The maximum outside diameter of the roller shall 
be 3 1/2 inches (8.0 cm), the minimum outside diameter of the roller 
shall be 2 inches (5.1 cm), and the maximum length of the roller shall 
be 12 inches (30.4 cm). The roller must lie entirely behind the plane 
of the face of the grid.
* * * * *
    3. Figure 1 to part 227 is revised to read as follows:
BILLING CODE 3510-22-F
[GRAPHIC][TIFF OMITTED]TR24MR95.000


BILLING CODE 3510-22-C
    4. Figure 13 to part 227 is revised to read as follows:
BILLING CODE 3510-22-F

[[Page 15520]]

[GRAPHIC][TIFF OMITTED]TR24MR95.001


BILLING CODE 3510-22-C
[FR Doc. 95-7235 Filed 3-21-95; 11:30 am]
BILLING CODE 3510-22-F