[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42809-42813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20178]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No. 950427119-5203-05; I.D. 080195D]
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 and a portion of South Carolina 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 offshore waters out to 10 nautical miles 
(nm) (18.5 km) from the COLREGS line between 30 deg.45' N. lat. and 
33 deg.00' N. lat. in the Atlantic Area. This area includes all of the 
Georgia coast and the southern portion of the South Carolina coast, 
which includes all or a portion of Zones 30 through 32. The 
restrictions include prohibitions on the use by shrimp trawlers of soft 
turtle excluder devices (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 
TEDs. This action is necessary to ensure protection for sea turtles and 
to prevent the continuation of high levels of mortality and strandings 
of threatened and endangered sea turtles.

DATES: This action is effective from 12:01 a.m. (local time) August 11, 
1995, until 11:59 p.m. (local time) on September 9, 1995. Comments on 
this action must be submitted by September 13, 1995.

ADDRESSES: Comments on this action and requests for a copy of the 
environmental assessment (EA) or 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 
Phil Williams, 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.

[[Page 42810]]

    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 and Atlantic Areas 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 (ITS) or 
incidental take permit. 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 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 BO that concluded that the 
continued long-term operation of the shrimp fishery in the nearshore 
waters of the southeastern United States resulting in levels of 
mortalities observed in 1994 was likely to jeopardize the continued 
existence of the highly endangered Kemp's ridley and could prevent the 
recovery of the loggerhead. 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 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 by NMFS observers or enforcement personnel, 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 and represent a jeopardy situation for Kemp's 
ridleys, 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 BOs on April 26, 1995 and June 14, 1995. These BOs 
reaffirmed the reasonable and prudent alternative and ITS provided in 
the November 14, 1994, BO. A BO has also been prepared in conjunction 
with this action and the elevated strandings prompting it.

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 have been accepted since its 
official distribution on March 17, 1995. Comments have come from 
written correspondences and public statements made during meetings with 
the industry and conservation communities. 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.
    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 (Zones 1 through 12, 21, 24 through 29, 32 
through 36) 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 Events

    Sea turtle strandings on offshore beaches in a number of NMFS 
fishery statistical zones in the southeastern United States 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; as modified 60 FR 26691, May 18, 1995) and in 
Georgia on June 21, 1995 (60 FR 32121, June 20, 1995), in response to 
elevated strandings within those zones. Recent strandings in Georgia, 
and South Carolina have again exceeded the established ITLs, as 
delineated below. 

[[Page 42811]]


South Carolina Strandings

    South Carolina waters, which fall within NMFS statistical Zones 32 
and 33, were opened to shrimping on May 16, 1995. By May 20, strandings 
had reached the ITL in Zone 32. The following week, strandings exceeded 
the ITL in Zone 33. In subsequent weeks, strandings in South Carolina 
exceeded the ITLs several times in Zones 32 and 33, but weeks of high 
strandings generally alternated with weeks of low strandings and no 
additional management measures to protect turtles were taken. In the 
past 4 weeks, however, strandings in Zone 32 have remained elevated. 
Three turtles stranded in Zone 32 between July 2 and July 8. The next 
week, 8 turtles, including 2 Kemp's ridleys stranded in Zone 32. Seven 
more turtles stranded in the 2 weeks ending on July 29, 1995. Taken 
together, 18 turtles have stranded on the offshore beaches of Zone 32 
over a 4 week period for which the combined ITL was 17.
    NMFS has increased enforcement efforts in South Carolina in 
response to the elevated sea turtle strandings there. Enforcement 
observations early in the season suggested that compliance with the TED 
requirements was high in South Carolina; however, soft TEDs were 
observed in almost 50 percent of the nets inspected in South Carolina 
waters this year, and all hard-grid TEDs observed had bottom-escape 
openings. Shrimp fishing effort off South Carolina has been fairly 
high, with over 100 trawlers observed in South Carolina waters during 
weekly aerial surveys over the past 2 months.

Georgia Strandings

    Georgia waters were opened to shrimping on Thursday, June 1, 1995, 
and high rates of sea turtle strandings followed immediately with 
weekly strandings of 21, then 28, then 17 sea turtles on offshore 
Georgia beaches, prompting NMFS to implement an emergency rule to 
protect sea turtles. On June 21, 1995, additional gear requirements 
became effective in offshore waters along the Georgia coast out to 10 
nm (18.5 km) from the COLREGS line which prohibited the use of soft 
TEDs, bottom-opening TEDs, large try nets without TEDs installed, and 
webbing flaps completely covering the escape opening of TEDs. However, 
during the first week the emergency rule was effective, nine sea turtle 
strandings were reported on offshore Georgia beaches. Two and six 
offshore strandings were reported in the 2 subsequent weeks. The 
promulgation of the rule was also accompanied by a marked decrease in 
shrimping effort in the affected area. Georgia strandings rose again 
during the week of July 9 to 10 turtles. Although strandings exceeded 
the ITL in Zone 30 that week, NMFS did not extend the gear restrictions 
in Georgia, as the overall reduction in strandings had been very 
encouraging. The emergency restrictions expired on July 20, 1995, and 
an additional eight turtles stranded on offshore Georgia beaches during 
the week ending July 22. Between July 23 and July 29, 11 turtles 
stranded on Georgia offshore beaches, with an additional four 
strandings just inside the mouths of the bays. These most recent 
strandings have now met or exceeded 75 percent of the ITL for 3 
consecutive weeks in Zone 30 and for 2 consecutive weeks in Zone 31.

Florida Strandings

    Although approximately three-fourths of the coastline of Zone 30 
lies in Florida, the majority of the past 3 weeks' strandings have 
occurred in Georgia. Only 1 stranding was reported from the Florida 
portion of Zone 30 in the week ending July 29. Furthermore, shrimp 
trawling in Florida is already restricted by a State constitutional 
amendment which bans most shrimping within 1 nm (1.9 km) of shore.

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. Three loggerheads 
have stranded in Georgia with 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. 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 
continued shrimping effort in South Carolina and Georgia waters. 
Shrimping effort levels will increase in South Carolina and Georgia in 
August as the late summer white shrimp season begins.

Comments on the Temporary Additional Restrictions on Shrimp 
Trawlers in Georgia (60 FR 32121, June 20, 1995)

    The June 21 gear restrictions in Georgia prompted verbal comments 
in a meeting held with the industry on June 28, 1995, and written 
comments from Georgia Fisherman's Association (GFA), Earth Island 
Institute (EII), and the Center for Marine Conservation (CMC).
    Comment GFA stated that NMFS should address all the causes of 
turtle mortality, not just the shrimping industry.
    Response NMFS recognizes there are non-shrimp related causes of 
turtle mortality and continues to investigate these sources. Section 7 
consultations have been conducted on, but not limited to, seismic 
activities, dredging operations, and other commercial fisheries.
    Comment All commenters agreed that the banning of soft TEDs was 
warranted as they are not as effective as hard TEDs.
    Response NMFS believes that the use of improperly configured soft 
TEDs and repeated capture of turtles in large try nets pose the 
greatest threats to turtles in the Atlantic Area. 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 one configuration; one 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 indicate that proper soft TED 
installation is critical to turtle release.
    Comment GFA objected to the prohibition on bottom-opening hard grid 
TEDs and requested that NMFS rescind it. GFA asserted that Georgia 
shrimpers were having problems with top-shooting hard TEDs claiming 
that they lose shrimp, gather debris, are less effective at excluding 
turtles, and they twist and roll when installed with floats. 
Additionally, GFA asserted that NMFS would be unable to assess the 
effectiveness of the gear restrictions implemented in Georgia on June 
21, 1995, because too many variables had been changed and the relative 
roles of soft TEDs and hard TEDs in contributing 

[[Page 42812]]
to turtle mortalities and strandings could not be determined. EII also 
urged NMFS to modify its temporary restriction as requested by GFA. CMC 
also was uncertain about evidence that bottom-shooting hard grid TEDs 
play a significant role in sea turtle mortalities in Georgia.
    Response Fishermen in the Atlantic have predominantly not used top-
opening hard TEDs in recent years and may be having particular 
difficulty adapting to a new gear type. NMFS has also received verbal 
reports from Georgia fishermen that debris accumulates in the top-
opening TEDs, thus hindering the release of turtles. Furthermore, 
analysis of recent strandings and compliance rates in the Gulf indicate 
that in areas where shrimpers were using predominately top or bottom-
opening hard grid TEDs, there was no difference in documented 
strandings and that soft TED use was a contributing factor to elevated 
strandings. Therefore, NMFS believes that implementing only the soft 
TED and try net restrictions described in the ERP would protect sea 
turtles and help determine the effectiveness of each restriction.
    The ERP identifies four restrictions that NMFS will impose in the 
event that the stranding thresholds are met. However, the ERP also 
provides that any rulemaking will be undertaken pursuant to 50 CFR 
227.72(e)(6), and justification for the rule will be provided with the 
rule itself. Furthermore, changes to the prescriptions of the rules 
would also be explained at the time the rule is promulgated. Lastly, 
all actions will be predicated on maximizing protections to sea 
turtles. Consequently, NMFS is not implementing the full suite of 
restrictions under the ERP in Georgia and South Carolina. However, 
continued elevated strandings following the implementation of these 
conservation measures may result in increased gear restrictions or area 
closures, as set forth in the ERP.

Restrictions on Fishing by Shrimp Trawlers

    The November 14, 1994, BO provides a reasonable and prudent 
alternative requiring conservation measures be 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. As noted in the foregoing discussion, strandings 
have reached or exceeded 75 percent of the ITL in Zone 31 for 2 
consecutive weeks, in Zone 30 for 3 consecutive weeks, and in Zone 32 
over the past 4 weeks; therefore, conservation measures are being 
implemented in the waters along the entire coast of Georgia, and in 
Zone 32 in the waters off South Carolina. NMFS has determined that 
additional conservation measures are not necessary in the Florida 
portion of Zone 30 at this time and has limited the extent of the 
additional conservation measures in Zone 30 to the Georgia portion of 
that zone.
    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 ITS or incidental 
take permit, or may be likely to jeopardize the continued existence of 
a species listed under the ESA. Based on the foregoing analysis of 
relevant factors, the AA has determined that continued takings of sea 
turtles by shrimp fishing off Georgia, and in Zone 32 in South Carolina 
are unauthorized and therefore takes this action.
    The measures that NMFS is implementing include:
    1. Prohibition of the use of soft TEDs; and
    2. 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 NMFS-approved hard or special 
hard TEDs.
    These restrictions are being applied in offshore waters seaward to 
10 nm (18.5 km) along the Georgia and South Carolina coast, between 
30 deg.45' N. lat. (the Georgia-Florida border) and 33 deg.00' N. lat. 
(the northern boundary of Zone 32). The affected areas include the 
nearshore waters in NMFS fishery statistical Zones 31 and 32 and 
approximately 18 miles (29.0 km) of the northern portion of Zone 30. 
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 NOAA (Coast Charts, 1:80,000 scale) and as 
described in 33 CFR part 80.
    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 (6.1 m) 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 hard-
grid TEDs temporarily should be required in try nets with a headrope 
length greater than 12-ft (6.1-m) or a footrope length greater than 15 
ft (4.6 m) in the specified areas.

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) August 11, 1995, through 11:59 p.m. (local time) 
September 9, 1995, fishing by shrimp trawlers in offshore waters 
seaward to 10 nm (18.5 km) from the COLREGS line along the coast of 
Georgia and part of South Carolina, between 30 deg.45' N. lat. (the 
Georgia-Florida border) and 33 deg.00' N. lat. (the northern boundary 
of Zone 32) 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 50 CFR 227.72(e)(4)(iii) is 
prohibited.
    2. 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 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).

[[Page 42813]]

    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), and 50 CFR 
227.72(e)(4)(iii) (Soft 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, or affected areas 
of South Carolina 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 
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. Expansion of gear restrictions 
will also be considered as a mitigative measure to control sea turtle 
strandings. Area closures or additional gear restrictions 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 shrimp fishery 
statistical Zones 30, 31, and 32 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 hard grid TEDs 
which will not require any modifications. Trawlers equipped with only 
soft TEDs may be required to move out of the affected area, or to equip 
their nets with hard TEDs. However, these trawlers are expected to be 
few in number given that many may have already equipped their nets with 
hard TEDs in response to the previous rule requiring the use of such 
TEDs in Zone 21. For those trawlers who have yet to equip their nets 
with hard TEDs, hard grid TEDs are available for $75.00 to $350.00 and 
take only several hours to install. While 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, they could monitor 
their catch rate with smaller try nets not required to have an NMFS-
approved hard TED installed. The burden of this action on shrimp 
fishermen is expected to be minimized by the fact that fishermen in 
most of the affected areas have previously modified or acquired gear to 
comply with earlier, more stringent restrictions.
    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: August 9, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-20178 Filed 8-10-95; 4:23 pm]
BILLING CODE 3510-22-F