[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Proposed Rules]
[Pages 31696-31701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14826]



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DEPARTMENT OF COMMERCE
50 CFR Part 227

[Docket No. 950427119-5149-03; I.D.060195E]
RIN 0648-AH98


Sea Turtle Conservation: Restrictions Applicable to Shrimp 
Trawling Activities; Additional Turtle Excluder Device Requirements 
Within Certain Statistical Zones; Hearings

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

ACTION: Proposed rule; notice of hearings.

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SUMMARY: NMFS is proposing to impose, for a 30-day period beginning 
with the reopening of the waters off Texas, additional restrictions on 
shrimp trawlers fishing in Gulf of Mexico offshore waters out to 10 
nautical miles (nm)(18.5 km) from the COLREGS line, along a portion of 
the Texas coast, between the Texas-Louisiana border and the line along 
27 deg. N. lat. This area includes nearshore waters in shrimp fishery 
statistical Zones 18, 19, and 20 and the westernmost portion of Zone 17 
east to Sabine Pass, TX. The restrictions would include prohibitions on 
the use by shrimp trawlers of soft turtle excluder devices (TEDs), 
bottom-opening TEDs, flaps completely covering the escape opening of 
TEDs, and try nets with a headrope length greater than 12 ft (3.6 m) or 
a footrope length greater than 15 ft (4.5 m), unless the try nets are 
equipped with approved TEDs other than soft or bottom-opening TEDs. 
These restrictions would prevent the reoccurrence of high levels of 
mortality and strandings of threatened and endangered sea turtles 
documented in Texas after the waters off Texas are reopened to 
shrimping.

DATES: Comments on this proposed rule must be submitted by July 3, 
1995.
    The hearings are scheduled as follows:

1. June 19, 1995, at 7 p.m., Galveston, TX
2. June 20, 1995, at 5 p.m., Rockport, TX

ADDRESSES: Comments on this proposed rule and requests for a copy of 
the environmental assessment (EA) or supplemental Biological Opinion 
prepared for this proposed rule should be addressed to the Chief, 
Endangered Species Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    The hearings will be held at the following locations:

1. Texas-Galveston County Court House, (Jury room, 1st floor), 722 
Moody Street, Galveston, TX 77550
2. Texas-Aransas County Court House (Commissioners Courtroom), 301 
North Live Oak Street, Rockport, TX 78382.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, FAX: 
813-570-5300 or Russell J. Bellmer, 301-713-1401.

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 kempi), 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 sea turtles 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 set 
forth at 50 CFR 227.72. The incidental taking of turtles during shrimp 
trawling in the Gulf and Atlantic Areas is excepted from the taking 
prohibition, if the sea turtle conservation measures specified in the 
sea turtle conservation regulations (50 CFR part 227, subpart D) are 
employed. The regulations require most shrimp trawlers operating in the 
Gulf of Mexico and Southeast U.S. Atlantic to have a NMFS-approved TED 
installed in each net rigged for fishing, year round.

Recent Events

    On April 30, 1995 (60 FR 21741, May 3, 1995), the sea turtle 
conservation measures were revised, for a 30-day period expiring on May 
30, 1995, for shrimp trawlers fishing in nearshore waters along two 
sections of the Texas and Louisiana coast (statistical Zones 18 and 20, 
and a portion of Zone 17) in order to ensure that ongoing shrimp 
fishing would not likely jeopardize the continued existence of listed 
species of sea turtles and that the incidental take level identified in 
the incidental take statement (ITS) accompanying the Biological Opinion 
issued November 14, 1994 (BO) on shrimp fishing would not be exceeded, 
which would require reinitiation of consultation pursuant to 50 CFR 
402.16. The revisions were imposed as temporary additional restrictions 
pursuant to 50 CFR 227.72(e)(6). This provision states that such 
restrictions may be imposed upon the determination of the Assistant 
Administrator for Fisheries, NOAA (AA), that continued takings of sea 
turtles by shrimp fishing are unauthorized, because they would violate 
the restrictions, terms and conditions of the ITS issued with the BO or 
would likely jeopardize the continued existence of a listed species. 
The BO specifically requires that such restrictions be imposed 
immediately when sea turtle takings, indicated or documented, reach 75 
percent of the established incidental take levels. The restrictions 
imposed were necessitated by the continued high rates of sea turtle 
strandings occurring along areas of the Texas coast, and were 
consistent with the BO and the NMFS Shrimp Fishery Emergency Response 
Plan (ERP).
    The BO required the development of a plan to respond to elevated 
stranding levels. The ERP provides a general statement of policy with 
respect to NMFS' enforcement practice and use of future rulemaking in 
response to elevated sea turtle strandings associated with shrimping 
effort and ensures compliance with sea turtle conservation regulations. 
The ERP was signed by the AA on March 14, 1995, and was immediately 
distributed widely among industry and environmental groups. A notice of 
availability of the ERP was published in the Federal Register on April 
21, 1995 (60 FR 19885), and comments are being accepted. In addition, 
NMFS distributes weekly reports of stranding events and notices of 
enforcement efforts and restrictions being implemented. NMFS is 
currently in the process of revising the ERP based on comments 
received.
    A complete discussion of sea turtle strandings in Texas was 
contained in the temporary restrictions published on May 3, 1995 (60 FR 
21741), and only a summary of strandings is provided here. For the 3 
consecutive weeks from April 9 through April 29, strandings in Zone 18 
were 12, 16, 6 turtles per week, respectively. The temporary 
restrictions went into effect on April 30, and strandings for the 2 
consecutive weeks beginning April 30 through May 13 were 8, and 8 
turtles per week, respectively. Forty of the 50 total turtles stranded 
during this 5-week period were Kemp's ridleys. Texas offshore waters 

[[Page 31697]]
out to 200 nm (370.6 km) were closed to shrimping on May 15, and only 1 
turtle stranded in Zone 18 between May 14 and May 20. For the 3 
consecutive weeks beginning April 9 and ending April 29, strandings in 
Zone 20 were 3, 3, and 16 turtles per week, respectively. Seven of the 
22 turtles were Kemp's ridleys. The temporary restrictions went into 
effect on April 30, and only 3 turtles stranded in Zone 20 over the 
next 3 weeks. These strandings approach or exceed the indicated take 
levels established for those zones with the exception of Zone 18 
following the closure of waters off Texas and Zone 20 following the 
effective date of the temporary restrictions.
    While the ERP's approach is to respond to increases in strandings 
as they occur, this proposed rule seeks to anticipate and prevent 
strandings before they occur. Many of the comments that NMFS received 
on the temporary restrictions published on May 3 concerned the lack of 
prior notice and opportunity for public comment (see Comments on the 
Emergency Response Plan and Temporary Restrictions section below). NMFS 
seeks to address this criticism by providing prior notice and an 
opportunity for public comment through publishing this proposed rule, 
which would impose certain restrictions upon the reopening of the 
waters off Texas. Based on historical data, the thresholds identified 
in the ERP and ITS likely will be reached and perhaps exceeded shortly 
after the reopening of the waters off Texas if no additional 
restrictions are imposed (see Texas Closure section below). NMFS 
believes that, if the restrictions contained in this proposed rule are 
not imposed effective upon the reopening of the waters off Texas, the 
thresholds identified in the ERP will be met or exceeded and 
restrictions pursuant to 50 CFR 227.72(e)(6) will need to be imposed 
shortly thereafter, with little or no prior notice or opportunity for 
prior public comment and little or no delayed effective date. In 
addition, although this proposed rule is not based on the thresholds 
identified in the ERP having been reached, it would impose the same 
restrictions identified in the ERP and promulgated on May 3, and as 
modified on May 18, 1995 (60 FR 26691). Given the relationship between 
this rule, the ERP and the temporary restrictions imposed pursuant to 
50 CFR 227.72(e)(6), NMFS considered the comments received on the ERP 
and the temporary restrictions imposed on May 3, 1995 in developing 
this proposed rule.

The Texas Closure

    Every year, offshore waters along Texas boundaries are closed to 
shrimp fishing out to 200 nm (370.6 km) for approximately 6 to 8 weeks 
in the late spring and early summer. The Texas closure is coordinated 
each year by State and Federal fishery managers to allow shrimp to grow 
to more valuable sizes and increase profits in the fishery. The Texas 
closure began this year on May 15 and will end no later than July 15. 
The exact date of the reopening is set by the State of Texas, which 
monitors shrimp sizes and distributions to determine the optimum time 
to open the fishery. Over the last 5 years, the waters have always been 
reopened earlier than July 15.
    The reopening of waters off Texas after the closure is usually 
marked by heavy shrimping activity, with many shrimp vessels from Texas 
and other states participating. Sea turtle strandings in Texas 
historically have been low during the closure and have increased 
dramatically when the waters off Texas were reopened to shrimping. A 
comparison of strandings during the last 4 weeks of the closure to 
strandings during the first 4 weeks following the reopening to 
shrimping, clearly illustrates this trend. For example, in 1990, 6 dead 
turtles stranded on Texas offshore beaches in the 4 weeks before 
reopening, while 51 dead turtles stranded in the 4 weeks following 
reopening. In 1991, the corresponding stranding rates were 4 and 21; in 
1992, 3 and 25; in 1993, 4 and 24. In 1994, 9 dead sea turtles stranded 
in Texas during the 4 weeks prior to reopening, while 99 dead turtles 
stranded in the 4 weeks following reopening. These data suggest an 8\1/
2\ fold increase in sea turtle strandings in Texas over the last 5 
years following the reopening of the waters off Texas to shrimping.
    NMFS and the U.S. Coast Guard maintained high levels of enforcement 
of TED requirements throughout the waters off Texas prior to the Texas 
closure. In addition, NMFS gear experts conducted skill-building 
workshops in Texas during the spring to assist shrimpers regarding the 
proper use of TEDs. Nonetheless, continued elevated sea turtle 
strandings occurred in two statistical zones in Texas where shrimp 
trawl effort was high, and this required NMFS to impose additional 
restrictions to conserve listed sea turtles in accordance with the ERP. 
Before the restrictions were implemented, total sea turtle strandings 
in Texas were occurring at the same rate seen in 1994, which had been 
determined to likely jeopardize the continued existence of the Kemp's 
ridley sea turtle. Upon imposing the restrictions, however, strandings 
were sharply reduced, as previously discussed.
    Although NMFS and the U.S. Coast Guard will maintain high 
enforcement levels when Texas Gulf waters open, NMFS does not believe 
that this alone will be sufficient to maintain sea turtle mortalities 
within the incidental take level specified in the ITS accompanying the 
November 14, 1994, BO. Earlier this season, high enforcement presence 
alone was not sufficient to prevent the sea turtle mortalities that 
triggered the promulgation of restrictions in accordance with the ERP. 
The historical stranding patterns indicate that sea turtle strandings 
will likely rise very sharply when the waters off Texas reopen. 
Indicated take levels likely would be reached or exceeded in one or 
more zones in Texas, requiring NMFS to impose restrictions on an 
emergency basis, in accordance with the ERP.
    Given the likelihood of elevated sea turtle strandings following 
the reopening of the waters off Texas to shrimping and the need to 
impose restrictions on the shrimp fishery as an emergency response 
thereto, NMFS believes that, in compliance with the ESA, it is in the 
best interests of the shrimp fishery and the conservation of listed sea 
turtles to impose restrictions on shrimp trawling upon the reopening of 
the waters off Texas. Shrimp industry representatives have stated that 
implementing emergency restrictions 2 weeks after the reopening would 
be disruptive to shrimpers at the height of the shrimp season.
    Furthermore, immediate implementation of restrictions might impair 
their effectiveness because of difficulties in communicating the 
restrictions to those who must comply and the time necessary to come 
into compliance. If elevated sea turtle strandings continue, NMFS would 
have to take more restrictive steps to protect sea turtles. NMFS is, 
therefore, proposing this temporary rule, to be effective when waters 
off Texas reopen to shrimping, in order to protect listed sea turtles, 
reduce sea turtle strandings, reduce the possible need for further 
restrictive measures, avoid disruption of fishing activities, and give 
prior notice and an opportunity for prior comment. NMFS is proposing to 
impose the same restrictions that were in place in waters off Texas 
before the Texas closure, because many shrimpers are familiar with 
those restrictions and have already made modifications to their gear to 
bring that gear into compliance with the restrictions. 

[[Page 31698]]


Comments on the Emergency Response Plan and Temporary Restrictions

    As stated earlier, NMFS made the ERP available to all concerned 
parties, accepting comments, and is currently in the process of 
revising the ERP based on those comments. In addition, NMFS considered 
those comments in developing this proposed rule. One commenter objected 
to the possible restrictions on soft TEDs and asked that NMFS assess 
alternatives to flap restrictions. The required use of TEDs in try nets 
was stated to be acceptable and the commenter stated that many local 
fishermen already used TEDs in try nets. NMFS has also received 
proposals from several representatives of the shrimp fishery that set 
forth alternative restrictions that would limit nearshore fishing 
pressure and resulting levels of turtle capture, of which one has been 
submitted as a petition for rulemaking pursuant to section 553(e) of 
the Administrative Procedure Act (APA), and to which NOAA will respond. 
In addition, NMFS has received comments supporting the ERP and the 
imposition of additional restrictions on shrimp fishing.
    NMFS received numerous comments on the temporary restrictions 
published on May 3, 1995 (60 FR 21741). These came primarily by 
telephone and at a meeting hosted by shrimp industry representatives 
and attended by NMFS personnel on May 5, 1995, as well as at additional 
meetings held between NMFS personnel and industry representatives on 
May 12 and May 19.
    Many shrimpers stated that the prohibition on the use of all try 
nets without TEDs installed was unreasonable, because NMFS had not 
provided any alternative that would allow them to monitor their catch 
rates and catch composition, forcing them to fish inefficiently. NMFS 
subsequently modified the temporary restrictions (60 FR 26691, May 18, 
1995) to allow certain small try nets to be used without TEDs 
installed.
    NMFS also received many comments that both the ERP and the 
temporary requirements were developed and implemented without adequate 
notice and opportunity to comment, and without adequate time for the 
shrimpers to come into compliance with the temporary restrictions. In 
addition, several industry groups have recently filed suit against NMFS 
alleging failure to comply with sections 553(b) and 553(d) of the APA 
in promulgating of the ERP and the temporary restriction of May 3. The 
APA requirement does not apply to interpretative rules, general 
statements of policy, or rules of agency organization, procedure or 
practice, and the delayed effective requirement does not apply to 
interpretative rules and statements of policy. Additionally, the APA 
provides that an agency may for good cause find that advance notice and 
opportunity for comment, as well as a delayed effective date, may be 
impracticable, unnecessary or contrary to the public interest. 
Nevertheless, NMFS recognizes the concerns of shrimpers that prior 
notice, opportunity for prior public comment, and delayed effective 
date should be provided to the greatest extent possible. The purpose of 
the ERP is to provide notice to the public as to when and what 
additional restrictions NMFS likely is to impose as strandings of 
listed sea turtles increased or non-compliance with requirements 
increased. This proposed rule likewise serves to give the prior public 
notice an opportunity for prior public comment on restrictions before 
the thresholds in the ERP are met.

Provisions of the Proposed Rule

    This proposed rule would prohibit fishing by shrimp trawlers (as 
defined in 50 CFR 217.12), starting 12:01 a.m. (local time) on the day 
of the reopening of the waters off Texas to shrimp fishing and ending 
11:59 p.m. (local time) 30 days after the reopening, in offshore 
waters, seaward to 10 nm (18.5 km) from the COLREGS line, bounded 
between the line along 27 deg. N. lat. and the line along 93 deg.50.3' 
W. long. (the Texas-Louisiana border), unless they are in compliance 
with the following prohibitions and all other applicable provisions in 
50 CFR 227.72(e):
    1. The use of soft TEDs described in 50 CFR is prohibited.
    2. The use of hard TEDs with bottom escape openings and special 
hard TEDs with bottom escape openings is prohibited. Approved hard TEDs 
and special hard TEDs must be configured with the slope of the 
deflector bars upward from forward to aft and with the escape opening 
at the top of the trawl.
    3. The use of try nets with a headrope length greater than 12 ft 
(3.6 m) or a footrope length greater than 15 ft (4.6 m) is prohibited 
unless a NMFS-approved top-opening, hard TED or special hard TED is 
installed when the try nets are rigged for fishing. Try nets with a 
headrope length 12 ft (3.6 m) or less and a footrope length 15 ft (4.6 
m) or less would be exempt from the TED-use requirement in accordance 
with paragraph (e)(2)(ii)(B)(1).
    4. The use of a webbing flap that completely covers the escape 
opening in the trawl is prohibited. Any webbing that is attached to the 
trawl, forward of the escape opening, must be cut to a length so that 
the trailing edge of such webbing does not approach to within 2 inches 
(5.1 cm) of the posterior edge of the TED grid. The requirements for 
the size of the escape opening would be unchanged.
    The proposed rule would suspend for a 30-day period all provisions 
in 50 CFR 227.72(e), including, but not limited to 50 CFR 
227.72(e)(2)(ii)(B)(1) (use of try nets), 50 CFR 227.72(e)(4)(iii) 
(Soft TEDs), 50 CFR 227.72(e)(4)(i)(F) (Position of escape opening), 
and 50 CFR 227.72(e)(4)(iv)(C) (Allowable modification to TEDs), that 
are not consistent with these prohibitions.
    This proposed rule would also require owners and operators of 
shrimp trawlers in the area subject to temporary restrictions to carry 
a NMFS-approved observer aboard their vessel(s), if directed to do so 
by the Director, Southeast Region, NMFS, upon written notification sent 
to either the address specified for the vessel registration or 
documentation purposes, or otherwise served on the owner or operator of 
the vessel. Owners and operators and their crew would be required to 
comply with the terms and conditions specified in such written 
notification.
    These restrictions would allow shrimp trawling to continue in the 
affected area while providing heightened protection for sea turtles. 
The use of those TEDs with the greatest potential for turtle capture 
would be prohibited. Although soft TEDs and bottom-opening TEDs have 
generally been approved for use, NMFS believes that they may not be as 
effective at releasing turtles, particularly small juvenile turtles, 
under some conditions, as top-opening hard TEDs. NMFS researchers have 
determined through recent in-water testing that small turtles require 
almost twice as long to escape from a bottom-opening TED than from a 
top-opening TED (average 125.6 seconds vs. average 68.8 seconds) under 
ideal conditions. NMFS has previously promulgated regulations to 
address and discuss other problems with bottom-opening hard TEDs (59 FR 
33447, June 29, 1994; 60 FR 15512, March 24, 1995).
    Try nets without an approved TED installed would be prohibited 
except for small try nets. While try nets have been exempted from the 
requirement to have a TED installed, because they are only intended for 
use in brief sampling tows not likely to result in turtle mortality, 
turtles are, however, caught in try nets. Either through repeated 
captures or long tows, try nets can contribute to the mortality of sea 
turtles. Takes of sea turtles in try nets, including one mortality, 
have been documented by NMFS. 

[[Page 31699]]

    Finally, use of full length webbing flaps would be prohibited. 
While full length flaps have been permitted to help reduce shrimp loss 
with TEDs, such flaps may hinder turtle release. In a top-opening TED, 
high pressure is generated above the trawl net, which forces the 
webbing flap closed, while in a bottom-opening TED the weight of the 
TED grid can pin the webbing flap shut over the escape opening. Testing 
has shown that turtles escape more readily from TEDs with shortened 
flaps than from TEDs with long flaps (55.2 second average escape time 
vs. 68.8 second average escape time). Additionally, the webbing flap 
can be sewn shut to disable the TED deliberately. Underwater 
investigations of the performance of top-opening TEDs with shortened 
webbing flaps indicated that the shortened webbing flap should not 
contribute to any shrimp loss. Under this proposed rule, only approved 
hard TEDs and special hard TEDs with top escape openings and shortened 
flaps that do not cover the escape opening would be allowed in shrimp 
trawls in the affected area.

Additional Conservation Measures

    The AA may issue a determination that incidental takings of listed 
species during fishing activities are unauthorized, and, pursuant 
thereto, may restrict fishing activities in order to conserve 
threatened and endangered species. The regulatory authority for this is 
codified at 50 CFR 227.72(e)(6), and guidance in determining 
unauthorized takings and in setting restrictions is set forth in the 
ERP. NMFS will continue to monitor sea turtle strandings and will 
implement the provisions of the ERP as necessary. If offshore sea 
turtle strandings in any statistical zones in Texas persist at or above 
75 percent of the indicated take level for 4 weeks, NMFS will follow 
the guidance in the ERP to determine whether to limit fishing effort, 
as required, in the offshore waters of the zones affected by elevated 
strandings, seaward to 10 nm (18.5 km) from the COLREGS line, for a 
period of 30 days. Contiguous statistical areas or portions of those 
areas may be included in the restrictions as necessary. These 
restrictions may apply to gear types/vessels currently exempted from 
the TED requirement at 50 CFR 227.72(e)(2)(ii) (A) and/or (B). Area 
restrictions will be promulgated through emergency rulemaking notices 
pursuant to the procedures set forth at 50 CFR 227.72(e)(6).

Request for Comments

    NMFS will accept written comments (see ADDRESSES) on this proposed 
rule for a 15-day period from date of publication in the Federal 
Register. In addition, NMFS will conduct two public hearings on this 
action (see ADDRESSES).

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule would not 
have significant economic impact on a substantial number of small 
entities, because these restrictions would impose only a minor economic 
burden on shrimp fishermen. The predominant TED design in use in the 
affected area is a bottom-opening hard grid TED. Bottom-opening hard 
grid TEDs can be modified to comply with the requirements of this rule 
in one to two hours with little, if any, cost. Any webbing flap over 
the escape opening can be shortened in less than 10 minutes. Trawlers 
equipped with only soft TEDs would have to move out of the affected 
area, either offshore or alongshore, or to equip their nets with hard 
TEDs. Hard grid TEDs are available for as little as $75.00 and take 
only a few hours to install.
    The AA prepared an EA for this proposed rule and copies are 
available (see ADDRESSES).
List of Subjects in 50 CFR Part 227

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

    Dated: June 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 227 is 
proposed to be 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)(2)(v) is added to read as follows:


Sec. 227.72   Exceptions to prohibitions.

* * * * *
    (e) * * *
    (2) * * *
    (v) Gear requirements--Offshore waters along Texas--(A) Gear 
restrictions. Any shrimp trawler is prohibited from fishing in offshore 
waters, seaward to 10 nm (18.5 km) from the COLREGS line, bounded 
between the line along 27 deg. N. lat. and the line along 93 deg.50.3' 
W. long. (the Texas-Louisiana border) unless it is in compliance with 
the prohibitions in paragraphs (e)(2)(v)(A) (1) through (4) of this 
section, and all other applicable provisions to Sec. 227.72(e), unless 
such provisions do not conform to the prohibitions in paragraphs 
(e)(2)(v)(A) (1) through (4) of this section. Any provision in this 
section, including but not limited to, paragraph (e)(2)(ii)(B)(1) of 
this section (use of try nets), paragraph (e)(4)(iii) of this section 
(Soft TEDs), paragraph (e)(4)(i)(F) of this section (Position of escape 
opening), and paragraph (e)(4)(iv)(C) of this section (Allowable 
modification to TEDs), that does not conform to the prohibitions in 
paragraphs (e)(2)(v)(A) (1) through (4) of this section is suspended 
for the duration of this rule.
    (1) The use of soft TEDs is prohibited.
    (2) The use of hard TEDs with bottom escape openings and special 
hard TEDs with bottom escape openings is prohibited. Approved hard TEDs 
and special hard TEDs must be configured with the slope of the 
deflector bars upward from forward to aft and with the escape opening 
at the top of the trawl.
    (3) The use of try nets with a headrope length greater than 12 ft 
(3.6 m) or a footrope length greater than 15 ft (4.5 m) is prohibited 
unless a NMFS-approved top-opening, hard TED or special hard TED is 
installed when the try nets are rigged for fishing. Try nets with a 
headrope length 12 ft (3.6 m) or less and a footrope length 15 ft (4.5 
m) or less are exempt from the TED-use requirement in accordance with 
paragraph (e)(2)(ii)(B)(1) of this section.
    (4) The use of a webbing flap that completely covers the escape 
opening in the trawl is prohibited. Any webbing that is attached to the 
trawl, forward of the escape opening, must be cut to a length so that 
the trailing edge of such webbing does not approach to within 2 inches 
(5.1 cm) of the posterior edge of the TED grid. The requirements for 
the size of the escape opening set forth in paragraph (e)(4)(i)(G) of 
this section apply (see Figure 14 to part 227).
    (B) Monitoring. Shrimp trawlers operating in offshore waters, 
seaward to 10 nm (18.5 km) from the COLREGS line, bounded between the 
line along 27 deg. N. lat. and the line along 93 deg.50.3' W. long. 
(the Texas-Louisiana border) must carry a NMFS-approved observer aboard 
such vessel(s) if directed to do so by the Southeast Regional, 
Director, upon written notification sent to either the address 
specified for the vessel registration or documentation purposes, 

[[Page 31700]]
or otherwise served on the owner or operator of the vessel. Owners and 
operators and their crew must comply with the terms and conditions 
specified in such written notification. All NMFS-approved observers 
will report any violations of this section, or other applicable 
regulations and laws; such information may be used for enforcement 
purposes.
* * * * *
    3. Figure 14 to part 227 is added to read as follows:

BILLING CODE 3510-22-W

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[FR Doc. 95-14826 Filed 6-13-95; 3:27 pm]
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