[Federal Register Volume 60, Number 178 (Thursday, September 14, 1995)]
[Rules and Regulations]
[Pages 47713-47715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22828]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217, 222, and 227

[Docket No. 950427117-5220-03; I.D. 042095E]
RIN 0648-AH97


Sea Turtle Conservation; Restrictions Applicable to Shrimp Trawl 
Activities; Leatherback Conservation Zone

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

ACTION: Final rule.

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SUMMARY: This final rule establishes all inshore and offshore waters 
from Cape Canaveral, FL (28 deg.24.6' N. lat.) to the North Carolina-
Virginia border (36 deg.30.5' N. lat.) as the leatherback conservation 
zone and provides for short-term closures of areas in that zone when 
high abundance levels of leatherback turtles are documented. Upon such 
documentation, NMFS will prohibit, in the closed areas, fishing by any 
shrimp trawler required to have a turtle excluder device (TED) 
installed in each net that is rigged for fishing, unless the TED 
installed is specified in the regulations as having an escape opening 
large enough to exclude leatherback turtles. This rule is necessary to 
reduce mortality of endangered leatherback sea turtles incidentally 
captured in shrimp trawls.

EFFECTIVE DATE: October 16, 1995.

ADDRESSES: Requests for a copy of the environmental assessment (EA) or 
the contingency plan, prepared for this rule 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 (ESA) of 
1973. 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 fishing activities, have been documented in the 
Gulf of Mexico and along the Atlantic seaboard.
    Under the ESA and its implementing regulations, it is prohibited to 
take sea turtles. The incidental taking of turtles during shrimp 
fishing in the Atlantic Ocean off the coast of the southeastern United 
States and in the Gulf of Mexico is excepted from the taking 
prohibition pursuant to sea turtle conservation regulations at 50 CFR 
227.72, which include a requirement that shrimp trawlers have a NMFS-
approved TED installed in each net rigged for fishing throughout the 
year. The use of TEDs significantly reduces mortalities of loggerhead, 
green, Kemp's ridley, and hawksbill sea turtles. Because 

[[Page 47714]]
leatherback turtles are larger than the escape openings of most NMFS-
approved TEDs, use of these TEDs is not an effective means of 
protecting leatherback turtles.
    As a result of their primarily pelagic existence, leatherbacks 
normally occur outside of areas where they would be subject to taking 
by shrimp trawlers. During most months of the year, leatherbacks are 
not abundant in shrimping areas, and only isolated incidents of taking 
by trawlers occur. However, the coastal waters of northern Florida, 
Georgia, South Carolina, and North Carolina experience relatively high 
abundance levels of leatherbacks as a periodic winter and spring 
phenomenon. When leatherback abundance is high and shrimp trawlers are 
fishing, leatherback stranding pulses have been documented on adjacent 
beaches. A NMFS Biological Opinion prepared for a revision to the sea 
turtle conservation regulations, published in the Federal Register on 
December 4, 1992, (57 FR 57348), specifically addressed episodic 
stranding events from Florida through North Carolina, and required NMFS 
to develop and implement a contingency plan to solve this problem.
    A contingency plan for protection of leatherback turtles on the 
Atlantic seaboard that can be implemented, if necessary, was prepared 
in cooperation with State officials from Florida, Georgia, and South 
Carolina. The necessity for implementation of protective measures for 
leatherback turtles is expected to be on an annual basis but only for 
short periods of time in relatively small, specific areas at any one 
time. The plan considers several options to provide protection, and any 
or all of them may be implemented, if necessary. These options include: 
Closure of areas to all fishing, use of restricted tow times in lieu of 
TEDs, mandatory observers, and use of NMFS-approved TEDs with escape 
openings large enough to exclude leatherback turtles.
    Aerial surveys have been conducted for sea turtles off the Florida 
and Georgia coasts since 1988 and off the coast of South Carolina since 
1993. Beginning in December or January each year, concentrations of 
leatherback turtles occur in northeastern Florida waters. During the 
month of March, leatherbacks begin moving north and usually enter 
Georgia waters in late March or early April. Peak concentrations occur 
in Georgia waters during April and May and by mid-June the 
concentrations have left Georgia. Leatherback concentrations occur in 
waters off South Carolina from late April generally through the first 
part of June.
    Shrimping occurs year round in northeastern Florida waters, but the 
activity levels during any given month may vary from year to year. 
Shrimp fishing is closed in the State waters of Georgia until June 1 of 
each year, but shrimping begins in Federal waters off Georgia generally 
in April or early May. The State of South Carolina opens its waters to 
shrimping between May 15 and June 30, depending upon the presence of 
shrimp. Shrimping in Federal waters off South Carolina generally begins 
in early May. Based upon leatherback turtle concentration information 
and normal shrimp fishing activities, the most likely period for shrimp 
vessel interactions with leatherbacks in the leatherback conservation 
zone is January through June each year.
    Each spring for the last 2 years, NMFS has issued temporary 30-day 
restrictions establishing a leatherback conservation zone (58 FR 28790, 
May 17, 1993; 59 FR 23169, May 5, 1994; 59 FR 29545, June 8, 1994). An 
interim rule (60 FR 25620, May 12, 1995) was issued this past year to 
provide a mechanism for short-term protection, and NMFS published a 
proposed rule (60 FR 25663, May 12, 1995) to provide for a permanent 
framework to protect leatherback sea turtles.

Comments and Responses on the Proposed Rule

    No comments were received on the proposed rule.

Requirements

    This rule establishes a framework whereby short-term closures may 
be instituted on an expedited basis in order to protect leatherbacks. 
Specifically, the rule establishes all inshore and offshore waters of 
the Atlantic area from Cape Canaveral, FL (28 deg.24.6' N. lat.), to 
the North Carolina-Virginia border (36 deg.30.5' N. lat.) as the 
``leatherback conservation zone.''
    During the months of January through June, NMFS will conduct weekly 
aerial surveys of the leatherback conservation zone. If sightings of 
leatherback turtles during such surveys exceed 10 animals per 50 
nautical miles (nm) (92.6 km) of trackline, the survey will be 
replicated within 24 hours, or as soon as practicable thereafter, to 
ensure that leatherback turtle presence is persistent in the area. If 
surveys demonstrate the continued presence of large concentrations of 
leatherbacks, NMFS will prohibit shrimp fishing in these specific areas 
by any shrimp trawler required to have a NMFS-approved TED installed in 
each net rigged for fishing, unless the TED installed is one of the 
NMFS-approved TEDs described below. Those TEDs have been determined to 
have escape openings large enough to exclude leatherbacks. In addition, 
owners and operators of vessels operating in closed areas with an 
allowed TED, as described below, will be required to register with the 
Director, Southeast Region, NMFS (Regional Director) in accordance with 
50 CFR 227.72(e)(6)(iv)(A) through (F). Upon written request by the 
Regional Director, they will be required to carry a NMFS-approved 
observer aboard such vessel(s). A shrimp trawler in the leatherback 
conservation zone will be required to comply with the terms and 
conditions specified in such written request, as well as provide 
information on trawling hours, gear modifications and turtle captures.
    Notice of specific area closures will be published in the Federal 
Register and will be effective upon filing of such notice for public 
inspection at the Office of the Federal Register. Closures will be 
announced immediately on the NOAA weather channel, in newspapers, and 
other media. Areas with high leatherback abundance, as documented by 
the aerial surveys, will be closed for a period of 2 weeks. A closed 
area will include all, or a portion of, inshore and offshore waters 10 
nm (18.5 km) seaward of the COLREGS demarcation line, bounded by 1 deg. 
lat. coinciding with the trackline. Shrimp trawlers in the leatherback 
conservation zone will be responsible for monitoring the NOAA weather 
channel for closure announcements. Shrimp trawlers may also call (813) 
570-5312 for updated area closure information.

NMFS-Approved TEDs With Escape Openings Large Enough for 
Leatherback Sea Turtles

    NMFS has approved modifications to the Taylor and the Morrison 
TEDs, as well as a modification to the single-grid hard TED, that will 
allow leatherback turtles to escape the trawl. Descriptions of the 
Taylor and Morrison TED modifications are found at 50 CFR 
227.72(e)(4)(iii)(E), and the modified single-grid hard TED is 
described at 50 CFR 227.72(e)(4)(i)(G)(2)(ii).

Classification

    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    This rule establishes a registration program that contains a 
collection-of-information requirement subject to the Paperwork 
Reduction Act, namely, registration by vessels fishing in the 

[[Page 47715]]
leatherback conservation zone from Cape Canaveral, FL, to the Virginia-
North Carolina border. This collection has been approved by Office of 
Management and Budget under control number 0648-0267. The public 
reporting burden for this collection of information is estimated to 
average 7 minutes per response, including the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The Assistant Administrator for Fisheries, NOAA,(AA) prepared an EA 
for the interim rule (60 FR 25620, May 12, 1995) and concluded that, 
with specified mitigation measures, it will have no significant impact 
on the human environment. The AA has determined that the EA prepared 
for the interim rule is applicable to this final rule. Copies of the EA 
are available (see ADDRESSES).

    Authority: 16 U.S.C. 1531-1544; and 16 U.S.C. 742a et seq., 
unless otherwise noted; 16 U.S.C. 1531-1543; and 16 U.S.C. 1531 et 
seq.

    Dated: September 7, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, the interim rule amending 
50 CFR parts 217, 222, and 227, which was published at 60 FR 25620 on 
May 12, 1995, is adopted as a final rule without change.
[FR Doc. 95-22828 Filed 9-13-95; 8:45 am]
BILLING CODE 3510-22-F