[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Rules and Regulations]
[Pages 32121-32126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15047]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No. 950427119-5152-04; I.D. 061295B]
RIN 0648-AH98


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

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

ACTION: Temporary additional restrictions on fishing by shrimp trawlers 
in the nearshore waters off Georgia to protect sea turtles; request for 
comments.

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SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions 
on shrimp trawlers fishing in the Atlantic Area in offshore waters out 
to 10 nautical miles (nm)(18.5 km) from the COLREGS line, between 
30 deg.45' N. lat. and 32 deg.03' N. lat. This area includes nearshore 
waters in NMFS fishery statistical Zone 31, a small part of the 
southern portion of statistical Zone 32, [[Page 32122]] and 
approximately 18 miles (29.0 km) of the northern portion of statistical 
Zone 30. The restrictions include prohibitions on the use by shrimp 
trawlers of: soft turtle excluder devices (TEDs); bottom-opening TEDs; 
webbing flaps that completely cover the escape opening of TEDs; and try 
nets with a headrope length greater than 12 ft (3.6 m) and 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. This action 
is necessary to prevent the continuation of high levels of mortality 
and strandings of threatened and endangered sea turtles.

DATES: This action is effective at 12:01 a.m. (local time) June 21, 
1995 through 11:59 p.m. (local time) July 20, 1995. Comments on this 
action must be submitted by July 21, 1995.

ADDRESSES: Comments on this action and requests for a copy of the 
environmental assessment (EA) or supplemental biological opinion (BO) 
prepared for this action should be addressed to the Chief, Endangered 
Species Division, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or 
Russell 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 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 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 (as defined in 50 CFR 217.12) 
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.
    The conservation regulations provide a mechanism to implement 
further restrictions of fishing activities, if necessary to avoid 
unauthorized takings of sea turtles that may be likely to jeopardize 
the continued existence of listed species or that would violate the 
terms and conditions of an incidental take statement or biological 
opinion. Upon a determination that incidental takings of sea turtles 
during fishing activities are not authorized, additional restrictions 
may be imposed to conserve listed species and will be imposed if 
necessary to avoid unauthorized takings that may be likely to 
jeopardize the continued existence of a listed species. Restrictions 
may be effective for a period of up to 30 days and may be renewed for 
additional periods of up to 30 days each (50 CFR 227.72(e)(6)).

Biological Opinion

    On November 14, 1994, NMFS issued a Biological BO, that concluded 
that the continued long-term operation of the shrimp fishery in the 
nearshore waters of the southeastern U.S. was likely to jeopardize the 
continued existence of the highly endangered Kemp's ridley. In 
addition, while the long-term operation of the shrimp fishery would not 
likely jeopardize the continued existence of loggerheads, it could 
prevent the recovery of this species. This BO resulted from an ESA 
section 7 consultation that was reinitiated in response to the 
unprecedented number of dead sea turtles that stranded along the coasts 
of Texas, Louisiana, Georgia, and Florida in the spring and summer of 
1994, coinciding with heavy nearshore shrimp trawling activity. 
Pursuant to section 7(b)(3) of the ESA, NMFS provided a reasonable and 
prudent alternative to the existing management measures that would 
allow the shrimp fishery to continue without jeopardizing the continued 
existence of the Kemp's ridley sea turtle. In addition, the BO was 
accompanied by an Incidental Take Statement (ITS), pursuant to section 
7(b)(4)(i) of the ESA, that specifies the impact of such incidental 
taking on the species. The ITS provides two levels to identify the 
expected incidental take of sea turtles by shrimp fishing. The 
incidental take levels are based upon either documented takes or 
indicated takes measured by stranding data. Stranding data are 
considered an indicator of lethal take in the shrimp fishery during 
periods in which intensive shrimping effort occurs and there are no 
significant or intervening natural or human sources of mortality, other 
than shrimping, conclusively identified as the cause of the strandings.
    NMFS has established an indicated take level (ITL) by identifying 
the weekly average number of sea turtle strandings documented in each 
NMFS statistical zone for the last 3 years (taking into consideration 
anomalous years). In Texas and Georgia, where strandings were 
anomalously high in 1994, the years 1991-93 were used to determine 
historical levels. The weekly average was computed as a 5-week running 
average (2 weeks before and after the week in question) to reflect 
seasonally fluctuating events such as fishery openings and closures and 
turtle migrations. The ITL for each zone was set at 2 times the weekly 
3-year stranding average. For weeks and zones where the historical 
average was less than one, the ITL was set at two strandings.
    As discussed below, consultation was again reinitiated as a result 
of high levels of strandings in the Gulf this year, and concluded with 
the issuance of a biological opinion on April 26, 1995. This BO 
reaffirmed the reasonable and prudent alternative and incidental take 
statement provided on November 14, 1994.

The Emergency Response Plan

    The reasonable and prudent alternative of the November 14, 1994, BO 
and the accompanying ITS required NMFS to develop and implement an 
Emergency Response Plan (ERP) to respond to future stranding events and 
to ensure compliance with sea turtle conservation measures. The 
Assistant Administrator for Fisheries, NOAA (AA) approved the ERP on 
March 14, 1995, and published a notice of availability on April 21, 
1995 (60 FR 19885). Comments on the ERP are being accepted. The ERP 
provides for elevated enforcement of TED regulations in two areas in 
which strandings of Kemp's ridley sea turtles historically have been 
high. The first, the Atlantic Interim Special Management Area, includes 
shrimp fishery statistical Zones 30 and 31 (northeast Florida and 
Georgia). The second, the Northern Gulf Interim Special Management 
Area, includes statistical Zones 13 through 20 (Louisiana and Texas 
from the Mississippi River to North Padre Island). The ERP also 
establishes procedures for notifying NMFS of sea turtle stranding 
events, and provides guidelines for implementation of temporary 
restrictions to prevent take levels in the BO from being 
exceeded. [[Page 32123]] 
    As described in the ERP, restrictions in addition to those already 
imposed by 50 CFR 227.72(e) will be placed on shrimping in the Interim 
Special Management Areas if 75 percent or more of the ITL is reached 
for 2 consecutive weeks. The restrictions originally identified in the 
ERP (60 FR 19885, April 21, 1995) and imposed in certain statistical 
areas in the Gulf of Mexico (60 FR 21741, May 3, 1995) were modified 
subsequently (60 FR 26691, May 18, 1995). A detailed discussion of 
those restrictions, the modification, and reasons therefor, is provided 
in those notices and is not repeated here.
    As described in the ERP, when strandings remain elevated for 1 
month in zones outside the Interim Special Management Areas, NMFS, upon 
the determination of the Director, Southeast Region, NMFS (Regional 
Director), may implement management actions, similar to those specified 
for the Interim Special Management Areas.

Recent Stranding Events

    Sea turtle strandings on offshore beaches in a number of NMFS 
fishery statistical zones in the southeastern U.S. have exceeded the 
established ITLs specified in the November 14, 1994, BO, during 1995. 
Temporary restrictions on shrimp fishing were imposed in some zones of 
Texas and western Louisiana on April 27, 1995 (60 FR 21741, May 3, 
1995), in response to elevated strandings within those zones. Recent 
strandings in Georgia and South Carolina appear to be closely 
correlated with the opening of state waters to shrimp fishing, as 
delineated below.

South Carolina

    South Carolina waters, which fall within NMFS statistical Zones 32 
and 33, were opened to shrimping on May 16, 1995. Reported strandings 
on offshore beaches of South Carolina increased beginning on May 17, 
and exceeded the ITL in Zone 32 by the end of the week of May 28. 
Strandings again reached the ITL during the week beginning May 28. The 
ITL was exceeded in Zone 33, beginning May 21, and approached the ITL 
for the week beginning May 28. Many of the strandings reported in Zone 
33 earlier in the spring occurred in North Carolina in the northern 
portion of the Zone. Four weekly averages (May 7 through June 3) for 
Zones 32 and 33, have approached 75 percent of, or exceeded, the ITL; 
however, the strandings have not remained elevated throughout the 
entire period. Enforcement efforts have been increased in response to 
strandings, and as described in the ERP, restrictions will be initiated 
in the waters off South Carolina if stranding levels remain elevated. 
Shrimping effort was elevated during the week following the May 16 
opening of South Carolina waters, with 280 trawlers observed, including 
200 in the vicinity of Charleston on May 17, 1995. During an aerial 
survey conducted on May 23, 1995, 95 vessels were observed. Georgia 
waters opened to shrimp fishing on June 1, 1995, which may have 
resulted in reduced effort off South Carolina as vessels moved south. 
Additionally, tropical storm Allison, which prevented an aerial survey 
in early June, may also have reduced effort. An aerial survey conducted 
on June 7, 1995, documented 120 shrimp vessels operating within 1 mile 
(1.9 km) of the South Carolina offshore beaches.

Georgia

    The Georgia coastline encompasses the northern 18 miles (29.0 km) 
of NMFS shrimp statistical Zone 30, all of Zone 31, and a few miles of 
the southern portion of Zone 32. Zones 30 and 31 are both within the 
Atlantic Interim Special Management Area. Georgia waters were opened to 
shrimping on Thursday, June 1, 1995. During the week beginning May 28, 
21 strandings were reported on Georgia offshore beaches, including 1 
Kemp's ridley. Fifteen of these strandings, including the ridley, 
occurred in Zone 31, compared to an ITL of 8. While a number of these 
turtles stranded before the June 1, 1995, opening, reports of vessels 
fishing within state waters prior to the opening have been received and 
are being investigated by enforcement personnel. During an aerial 
survey conducted over nearshore Georgia waters on June 1, 1995, 351 
shrimp vessels were observed. Between June 4 and June 8, 1995, 24 
strandings were reported on Georgia offshore beaches, including 6 
Kemp's ridleys. The combined ITL for Zones 30 and 31 (which includes a 
small, northern portion of the Florida coastline) is 16.
    Enforcement observations suggest that compliance with the TED 
requirements of the sea turtle conservation regulations is high in 
Georgia and South Carolina. Soft TEDs were observed in almost 50 
percent of the nets inspected by enforcement agents in Georgia and 
South Carolina waters this year, and all hard-grid TEDs observed had 
bottom escape openings. State enforcement personnel and resource 
managers confirm these observations. As discussed herein, although soft 
TEDs and bottom-opening hard TEDs have been generally approved for use 
under the sea turtle conservation regulations, based on the best 
available information, NMFS concludes that they are not as effective in 
releasing turtles, under some conditions, as top-opening hard TEDs. 
Additionally, anecdotal accounts suggest that shrimpers off Georgia are 
taking high numbers of sea turtles in try nets. Law enforcement 
personnel stated that a fisherman reported that another individual 
caught 25 sea turtles in try nets with a headrope length of 20 ft (6.1 
m) in 2 days of fishing.

Analysis of Other Factors

    NMFS and state personnel have investigated factors other than 
shrimping that may contribute to sea turtle mortality in Georgia and 
South Carolina, including other fisheries and environmental factors. 
Gillnet effort in North Carolina waters is being investigated in 
association with strandings in North Carolina as well as in northern 
South Carolina. Shrimp fishermen have suggested that crabbers in 
Georgia waters may be intentionally killing sea turtles based on their 
belief that sea turtles cause damage to crab pots. Two loggerheads 
stranded on Wassaw Island, GA, had apparent gun shot wounds. Georgia 
law enforcement personnel are investigating these reports but currently 
have no information identifying participants of any particular fishery 
in these intentional mortalities.
    An algae bloom with red tide organisms has been transported along 
the Gulf Stream into nearshore North Carolina waters where the 
coastline projects out near the Gulf Stream. However, there is no 
information to suggest that red tide or other environmental conditions 
have contributed to sea turtle strandings in Georgia and South Carolina 
thus far in 1995. Additionally, accounts of the successful 
rehabilitation of loggerhead turtles in pools containing red tide 
organisms suggest that sea turtles are not adversely affected solely by 
the occurrence of red tide organisms in the environment. Crustaceans, 
which are the primary forage species of loggerhead and ridley sea 
turtles in the Atlantic, are not considered bioaccumulators of red tide 
toxins.
    In summary, no new activity or environmental condition has been 
identified in the nearshore southeast U.S. Atlantic waters to account 
for high stranding levels except for increased shrimping effort 
associated with the opening of South Carolina and Georgia waters to 
shrimping.

Restrictions on Fishing by Shrimp Trawlers

    The November 14, 1994, BO provides a reasonable and prudent 
alternative requiring conservation measures be 
[[Page 32124]] implemented as mortality levels approach those 
established in the ITS to ensure that shrimping is not likely to 
jeopardize the continued existence of the Kemp's ridley. The BO 
specifically requires that such measures be implemented immediately 
when sea turtle takings, indicated or documented, reach 75 percent of 
the established levels. These measures are intended to allow shrimp 
fishing to continue, while reducing the likelihood of further sea 
turtle strandings. The ERP provides further guidance on the nature and 
geographic scope of such measures. As noted in the foregoing 
discussion, strandings have reached or exceeded the ITL in Zone 31 for 
2 weeks; therefore, conservation measures are being implemented in Zone 
31 and adjacent waters along the Georgia coast.
    Pursuant to 50 CFR 227.72(e)(6), the exemption for incidental 
taking of sea turtles in 50 CFR 227.72(e)(1) does not authorize 
incidental takings during fishing activities if the takings would 
violate the restrictions, terms or conditions of an incidental take 
statement or biological opinion, or may be likely to jeopardize the 
continued existence of a species listed under the ESA. The AA has 
determined that continued takings of sea turtles by shrimp fishing off 
Georgia are unauthorized and, therefore takes this action.
    The measures that NMFS is implementing include:
    1. Prohibition of the use of soft TEDs;
    2. Prohibition of the use of bottom-opening TEDs;
    3. Prohibition of 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), unless the try nets are equipped with approved TEDs other than soft 
or bottom-opening TEDs; and
    4. Prohibition of the use of webbing flaps completely covering the 
escape opening of TEDs, as described in the Requirements section 
herein.
    These restrictions are being applied in Atlantic offshore waters 
seaward to 10 nm (18.5 km) along the Georgia coast, between 30 deg.45' 
N. lat. and 32 deg.03' N. lat. Under 50 CFR 217.12, offshore is defined 
as marine and tidal waters seaward of the 72 COLREGS demarcation line 
(International Regulations for Preventing Collisions at Sea, 1972), as 
depicted or noted on nautical charts published by the NOAA (Coast 
Charts, 1:80,000 scale) and as described in 33 CFR part 80.
    This area includes the nearshore waters in NMFS fishery statistical 
Zone 31, a small southern, portion of statistical Zone 32, and 
approximately 18 miles (29.0 km) of the northern portion of Zone 30. As 
described in the ERP, NMFS may extend conservation measures in any 
statistical zone to portions of contiguous zones as determined 
necessary. NMFS has extended these measures to include the entire 
Georgia coastline due to the familiarity of state boundaries to 
shrimpers, and state and Federal enforcement personnel, the occurrence 
of physical landmarks delineating Georgia borders, and the high 
incidences of strandings along the entire Georgia coastline. These 
restrictions will allow fishing by shrimp trawlers to continue in these 
areas despite elevated rates of turtle strandings.
    Although soft TEDs and bottom-opening hard TEDs have been generally 
approved for use under the sea turtle conservation regulations, based 
on the best available information, NMFS has concluded that they are not 
as effective, under some conditions, in releasing turtles as top-
opening hard TEDs. Therefore, the use of soft TEDs and bottom-opening 
hard TEDs is temporarily prohibited in the specified areas. NMFS gear 
specialists conducted evaluations of soft TEDs installed in various 
trawl designs purchased from a number of suppliers during September, 
1994. All the devices met the regulatory requirements for soft TEDs. 
Trawl evaluations of the TEDs were conducted in the Canaveral ship 
channel. Seven TED/net configurations were tested. Five turtles were 
observed upon net retrieval in 21 tows with 1 configuration; 1 turtle 
was observed in 20 tows with another configuration. Three of the 
configurations also were evaluated for small turtle exclusion through 
the release of eight captive-reared loggerhead turtles into the nets. 
Entanglement in the TED panels occurred in two of the three 
configurations tested. These tests suggest that proper soft TED 
installation is critical to turtle release. Additional in-water testing 
of hard-grid TEDs in May, 1995, indicated that small turtles require 
almost twice as long to escape from a bottom-opening TED versus a top-
opening TED (an average of 125.6 seconds vs. an average of 68.8 
seconds) under ideal conditions. NMFS has previously implemented 
regulations to discuss and address problems with bottom-opening hard 
TEDs (59 FR 33447, June 29, 1994; 60 FR 15512, March 24, 1995). 
Notwithstanding the required use of floats, turtles may be more 
susceptible to capture in bottom-opening TEDs.
    Pursuant to 50 CFR 227.72(e)(2)(ii)(B)(1), try nets have been 
exempted from the TED requirements, 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, and 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, and anecdotal accounts suggest multiple 
sea turtle captures in try nets are occurring in Georgia waters. 
Twenty-foot try nets are reportedly preferred to smaller try nets by 
the Atlantic shrimp fleet. During the Canaveral ship channel 
evaluations, conducted in September 1994 and discussed above, 1 
loggerhead was captured in a 13-ft (4.0-m) headrope length try net in 
59 tows, while 9 loggerheads were captured in a 20-ft (6.1-m) headrope 
length try net in 57 tows. Therefore, NMFS has determined that top-
opening hard-grid TEDs temporarily should be required in try nets 
larger than 12-ft (6.1-m) headrope length or a footrope length greater 
than 15 ft (4.6 m) in the specified areas. Finally, webbing flaps 
completely covering TED escape openings have been allowed in order to 
help reduce shrimp loss with TEDs. However, full length flaps may 
hinder turtle releases. 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. Additionally, the webbing 
flap can be sewn shut to disable the TED deliberately. Accordingly, 
NMFS has determined that use of full length flaps should be temporarily 
prohibited in the specified areas.
    Under these temporary restrictions, only NMFS-approved hard or 
special hard TEDs with top escape openings may be used in shrimp trawls 
in the specified areas. Flaps may not completely cover the escape 
opening. Figure 1 illustrates a top-opening hard TED with a shortened 
webbing flap meeting the dimension requirements of this emergency 
action.

Requirements

    This action is authorized by 50 CFR 227.72(e)(6). The definitions 
in 50 CFR 217.12 are applicable to this action, as well as all relevant 
provisions in 50 CFR parts 217 and 227. For example, Sec. 227.71(b)(3) 
provides that it is unlawful to fish for or possess fish or wildlife 
contrary to a restriction specified or issued under Sec. 227.72(e)(3) 
or (e)(6).
    NMFS hereby notifies owners and operators of shrimp trawlers (as 
defined in 50 CFR 217.12) that for a 30-day period, starting at 12:01 
a.m. (local time) [[Page 32125]] June 21, 1995 and ending 11:59 p.m. 
(local time) July 20, 1995, fishing by shrimp trawlers in offshore 
waters, seaward to 10 nm (18.5 km) from the COLREGS line, along the 
Georgia coast, bounded between 30 deg.45' N. lat. and 32 deg.03' N. 
lat., is prohibited unless the shrimp trawler is in compliance with all 
applicable provisions in 50 CFR 227.72(e) and the following 
prohibitions:
    1. The use of soft TEDs described in CFR 227.72(e)(4)(iii) 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 remain exempt from the requirement to have a TED installed 
in accordance with 50 CFR 227.72(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 are unchanged.
    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 inconsistent with these prohibitions are hereby 
suspended for the duration of this action.
    NMFS hereby notifies owners and operators of shrimp trawlers in the 
area subject to restrictions that they are required to carry a NMFS-
approved observer aboard such vessel(s) if directed to do so by the 
Regional Director, 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 must comply with the terms and conditions 
specified in such written notification.

Additional Conservation Measures

    The AA may withdraw or modify a determination concerning 
unauthorized takings or any restriction on shrimping activities if the 
AA determines that such action is warranted. Notification of any 
additional sea turtle conservation measures, including any extension of 
this 30-day action, will be published in the Federal Register pursuant 
to 50 CFR 227.72(e)(6).
    NMFS will continue to monitor sea turtle strandings to gauge the 
effectiveness of these conservation measures. If, after these 
restrictions are instituted, strandings in Georgia persist at or above 
75 percent of the ITL for 2 weeks, NMFS will follow the guidance in the 
ERP to determine whether to prohibit fishing by some or all shrimp 
trawlers, as required, in the offshore waters of all or parts of NMFS 
statistical Zones 30, 31 and/or 32 seaward to 10 nm (18.5 km) from the 
COLREGS line, for a period of 30 days. Contiguous statistical zones or 
portions of those zones may be included in the closure as necessary. 
Area closures will be implemented through emergency rulemaking notices 
pursuant to the procedures set forth at 50 CFR 227.72(e)(6).

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Because neither section 553 of the Administrative Procedure Act 
(APA), nor any other law requires that general notice of proposed 
rulemaking be published for this action, under section 603(b) of the 
Regulatory Flexibility Act, an initial Regulatory Flexibility Analysis 
is not required.
    Pursuant to section 553(b)(B) of the APA, the AA finds there is 
good cause to waive prior notice and opportunity to comment on this 
rule. It is impracticable and contrary to the public interest to 
provide prior notice and opportunity for comment because unusually high 
levels of turtle strandings have been reported in Georgia and continue 
to occur as shrimping continues. Any delay in this action will likely 
result in additional fatal takings of listed sea turtles.
    Pursuant to section 553(d) of the APA, the AA finds there is good 
cause to waive the 30-day delay in effective date. In addition to the 
immediate need to protect listed sea turtles, these restrictions are 
expected to impose only a minor burden on shrimp fishermen. The 
predominant TED designs in use in the affected area are bottom-opening 
hard grid TEDs and soft TEDs. Bottom-opening hard grid TEDs can be 
modified to comply with these restrictions in 1 to 2 hours. Any webbing 
flap over the escape opening can be shortened in less than 10 minutes. 
Trawlers equipped with soft TEDs may be required to move out of the 
affected area, or to equip their nets with hard TEDs. Hard grid TEDs 
are available for $75.00 to $350.00 and take several hours to install. 
Finally, some fishermen may not elect to equip their larger try nets 
with hard grid TEDs, and thus, would be unable to monitor their catch 
rate during long tows. However, these fishermen may elect to monitor 
their catch rate with smaller try nets not required to have an NMFS-
approved top-opening hard TED installed.
    The AA prepared an EA for the final rule (57 FR 57348, December 4, 
1992) requiring TED use in shrimp trawls and establishing the 30-day 
notice procedures. An EA has been prepared for this action. Copies of 
the EA are available (see ADDRESSES).

    Dated: June 15, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

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