[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Rules and Regulations]
[Pages 33377-33382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No.950427119-6179-07; I.D. 061496A]
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 inshore waters and 
offshore waters out to 10 nautical miles (nm)(18.5 km) from the COLREGS 
line, between the Georgia-Florida border and the Georgia-South Carolina 
border. This area includes inshore and nearshore waters in NMFS fishery 
statistical Zone 31, a small part of the southern portion of 
statistical Zone 32, and approximately 18 miles (29.0 km) of the 
northern portion of statistical Zone 30.
    The restrictions include prohibitions on the use 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 June 24, 1996 through 11:59 p.m. (local 
time) July 24, 1996.
    Comments on this action must be submitted by July 24, 1996.

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 
Therese A. Conant, 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 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. 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)).
    Under NMFS' regulatory authority to implement further restrictions 
to fishing activities in order to prevent

[[Page 33378]]

unauthorized takings, temporary additional restrictions were imposed on 
shrimp fishing several times during 1995. Sea turtle stranding events 
and related shrimping activities in 1995 are discussed in detail in the 
temporary requirements implemented in nearshore waters along two 
sections of the Texas and Louisiana coast on April 30, 1995 (60 FR 
21741, May 3, 1995), along the Georgia coast on June 21, 1995 (60 FR 
32121, June 20, 1995), along the entire Texas coast and the western 
portion of Louisiana pursuant to a court order on August 3, 1995 (60 FR 
44780, August 29, 1995), and along Georgia and the southern portion of 
South Carolina on August 11, 1995 (60 FR 42809, August 17, 1995). 
Descriptions of these rules, restrictions, and reasons therefor, are 
provided in the preamble to the rules and are not repeated here.
    On September 13, 1995 (60 FR 47544), NMFS published an Advance 
Notice of Proposed Rulemaking (ANPR), which announced that it was 
considering proposing regulations that would identify special sea 
turtle management areas in the southeastern Atlantic and Gulf of Mexico 
and impose additional conservation measures to protect sea turtles in 
those areas. After reviewing over 900 comments, including two industry 
proposals, NMFS published a proposed rule (61 FR 18102, April 24, 1996) 
that would impose permanent measures to more effectively protect sea 
turtles from incidental capture and mortality in the shrimp trawl 
fishery. Measures contained in the proposed rule to strengthen the sea 
turtle conservation measures are: Removing the approval of the use of 
all soft turtle excluder devices (TEDs) effective December 31, 1996; 
requiring by December 31, 1996, the use of NMFS-approved hard TEDs in 
try nets with a headrope length greater than 12 ft (3.6 m) or a 
footrope length greater than 15 ft (4.6 m); establishing Shrimp Fishery 
Sea Turtle Conservation Areas (SFSTCAs) in the northwestern Gulf of 
Mexico consisting of the offshore waters out to 10 nm(18.5 km) along 
the coasts of Louisiana and Texas from the Mississippi River South Pass 
(west of 89 deg.08.5' W. long.) to the U.S.-Mexican border, and in the 
Atlantic consisting of the inshore waters and offshore waters out to 10 
nm (18.5 km) along the coasts of Georgia and South Carolina from the 
Georgia-Florida border to the North Carolina-South Carolina border; 
and, within the SFSTCAs, removing the approval of the use of all soft 
TEDs, imposing the new try net restrictions, and prohibiting the use of 
bottom-opening hard TEDs, effective 30 days after publication of the 
final rule. The comment period on the proposed rule originally extended 
through June 10, 1996, during which time 10 public hearings were held 
throughout the southeastern United States. In response to several 
requests for an extension of the comment period, NMFS has reopened the 
comment period on the proposed rule through July 15 to provide further 
opportunity to submit comments and review additional analyses, 
including the preliminary report scheduled to be submitted by June 28, 
1996, by the sea turtle expert working group. The formation of this 
group of scientists to analyze existing databases to determine sea 
turtle population abundance, population trends, and sustainable take 
levels was a requirement of the November 14, 1994, biological opinion.

Recent Events

    Reports of increased turtle strandings in Georgia began during May 
of 1996. By the end of the month, turtle strandings in Georgia had 
risen to the highest levels for the month of May since 1987, when TEDs 
were not required. In May 1996, 60 turtles were reported stranded in 
Georgia. The level of reported turtle strandings in Georgia had been 
averaging only 28 turtles during the month of May since the 
implementation of TED requirements in 1988. Not only did the total of 
60 stranded turtles in May 1996 more than double the previous average, 
but 10 of the stranded animals were the highly endangered Kemp's ridley 
sea turtle. High strandings have continued in Georgia in the beginning 
of June, with a total of 15 strandings reported between June 1 and June 
7.
    Georgia state waters generally open to shrimping on June 1 each 
year. Prior to the opening of state waters, shrimping only occurs in 
the Federal waters beyond 3 nm (5.6 km) from shore. Early season shrimp 
resource surveys conducted by the Georgia Department of Natural 
Resources in 1996 revealed extremely low shrimp abundance in the sounds 
north of St. Simon's Sound. The harsh winter was likely responsible for 
the poor shrimp abundances in the north. The poor shrimp recruitment 
rates have caused the opening of Georgia waters to be delayed until 
June 24, to provide additional time for shrimp to mature. Shrimp 
fishing effort off of the southern portion of Georgia has been high, 
even before the opening of state waters, and effort has been 
concentrated off of a few particular areas. Vessels from North and 
South Carolina have also been fishing off of Georgia due to poor shrimp 
abundances in their more northerly home states. Trawlers are 
concentrated just outside state waters, generally in a narrow strip 3 
to 4 nm (5.6 km to 7.4 km) from shore.
    The overall level of fishing effort off Georgia has been steadily 
increasing since late April, in concert with rising stranding levels. A 
series of aerial surveys for natural resource purposes has documented 
the increasing number of boats fishing in Federal waters off of Georgia 
with the following boat counts: On April 4, 0 trawlers; on April 11, 0 
trawlers; on April 23, 2 trawlers; on April 29, 13 trawlers; on May 7, 
63 trawlers; On May 14, 99 trawlers; on May 21, 81 trawlers; on May 30, 
84 trawlers; and on June 4, 158 trawlers. Most of the vessels seen were 
concentrated off the openings of Georgia's southerly sounds: Cumberland 
Sound, St. Simons Sound, and St. Andrew Sound. The turtle strandings in 
May have also been concentrated on Georgia's southerly islands: 
Cumberland, Little Cumberland, Jekyll, and St. Simons Islands. Onshore 
winds have created favorable conditions for turtles to strand, even if 
they may have died outside of state waters, and the strandings have 
been distributed downwind of the shrimping concentrations.
    NMFS is concerned that the opening of Georgia state waters to 
shrimping on June 24 will result in very high levels of fishing effort 
and pose a threat to sea turtles. Trawling along the beaches will 
commence around the time of peak nesting for female loggerheads in 
Georgia. The pulse of fishing effort immediately following the opening 
will likely be very heavy. Not only Georgia-based fishers, but many 
Florida, North Carolina, and South Carolina fishers will work Georgia 
waters. The numbers of North and South Carolina boats operating in 
Georgia this year may be greater than usual, because the shrimp 
abundance will likely be better in Georgia than in their home state 
waters. NMFS has held discussions with shrimp industry and managers in 
Georgia and South Carolina regarding coordinating the opening dates of 
each state's waters to shrimping, which would prevent successive pulses 
of high effort in each state. Due to this year's shrimp stock status, 
however, a coordinated date was not agreed upon. South Carolina state 
waters opened to shrimping on June 6, 1996, and approximately 125 boats 
were observed working in state and Federal waters off South Carolina on 
June 7. This relatively low effort level is indicative of unfavorable 
shrimping conditions in South Carolina and the probability for a large 
shift of effort to Georgia when state waters open there.

[[Page 33379]]

Analysis of Other Factors

    Examination of the strandings in Georgia does not indicate any 
significant sources of mortality other than shrimp trawling. The 
carcasses have primarily been coming ashore directly downwind of areas 
in which shrimping effort has been concentrated. NMFS and state 
personnel will continue to investigate factors other than shrimping 
that may contribute to sea turtle mortality in Georgia, including other 
fisheries and environmental factors.

Comments on the Proposed Rule

    NMFS has been receiving comments on the proposed rule to revise the 
sea turtle conservation requirements and has also held 10 public 
hearings on the proposed rule. NMFS will make a complete response to 
all of the comments received on the proposed rule when the comment 
period closes and before taking any final action on the proposed rule. 
Many of the comments received to date, and in particular the statements 
presented at the public hearing in Brunswick, GA on May 24, 1996, are 
germane to the recent events, the measures being taken in this action, 
and the area and the shrimpers being affected by this action. 
Therefore, NMFS believes it is useful to address briefly some of those 
comments at this time as they relate to the present action. The 
discussion that follows provides NMFS' preliminary views and responses 
to the comments, and will be more fully addressed in the final decision 
regarding the proposed rule.
    The proposed reduction of the size of try nets that are exempt from 
TED requirement drew numerous comments, ranging from total support to 
total opposition. Most fishers who commented on this proposal indicated 
that requiring TEDs in large try nets with 20 ft (6.1 m) headrope 
lengths would not be inappropriate, but that the 12 ft (3.7 m) headrope 
length and 15 ft (4.6 m) footrope length of the proposed rule was too 
small. Many of these fishers indicated that they preferred to use try 
nets of 15 or 16 ft (4.6 or 4.9 m) headrope lengths and that reducing 
the size of TED-exempt try nets, but still allowing the use of 15 or 16 
ft (4.6 or 4.9 m) try nets without TEDs, would be acceptable to them. 
Objections to requirements for TEDs in try nets smaller than 15 ft (4.6 
m) headrope length included alleged difficulty in handling the try net 
with a TED installed, the need to use a large try net in order to 
sample for white shrimp, and impossibility of installing TEDs in try 
nets. Many of the comments revealed the misconception that the proposed 
rule would completely prohibit the use of try nets greater than 12 ft 
(3.7 m) headrope length or 15 ft (4.6 m) footrope length. Under the 
proposed rule, fishers would be able to use any try net larger than 12 
ft (3.7 m) headrope length or 15 ft (4.6 m) footrope length so long as 
a TED was installed. Fishers who felt that a large try net--20 ft (6.1 
m) headrope length, for example--was necessary for sampling white 
shrimp could still use that try net, but a TED would have to be 
installed to exclude any turtles captured by the try net.
    NMFS gear experts have examined TED installations in various sizes 
of try nets. Successful installations of NMFS-approved TEDs, were made 
in try nets with headrope lengths of 20, 15, 12, and 10 ft (6.1, 4.6, 
3.7, and 3.0 m). The effectiveness of the TEDs did not appear to be 
reduced by installation in the try nets, when a small sample of 
juvenile turtles were introduced into the TED-equipped try nets. All of 
the try nets tested were bib trawls, a net type that opens high off the 
bottom and is preferred for sampling white shrimp. The TED-equipped try 
nets exhibited no problems with gear deployment or retrieval at any of 
the tested try net sizes. The only observed problem with TED 
installation in the try nets was a slight loss of net spread in the 
smaller net sizes due to the restriction of net stretching at the 
throat of the net where the TED is attached. The observed loss of net 
spread could be compensated with the installation of slightly larger 
trawl doors on the try net.
    As discussed in the proposed rule, NMFS has conducted an additional 
study to clarify the relationship between try net headrope length and 
the rate of sea turtle captures. In March 1996, NMFS examined the sea 
turtle capture rates of three sizes of try net (12, 15, and 20 ft (3.7, 
4.6, 6.1 m) headrope length) in Canaveral Channel, FL, an area of high 
sea turtle abundance. In 100 simultaneous, short-duration tows of the 
three try nets, 35 turtles were caught: 17 in the 20 ft (6.1 m) net, 10 
in the 15 ft (4.6 m) net, and 8 in the 12 ft (3.7 m) net. Thus, the 
number of turtles captured increased as net size increased. The catch 
per unit effort (CPUE), which standardizes catch rates by 100 ft (30.5 
m) of headrope length hours fished for the three net sizes were 1.70, 
1.33, and 1.33 for the 20 ft, 15 ft, and 12 ft (6.1, 4.6, 3.7 m) 
headrope length try nets, respectively. These adjusted CPUEs were not 
significantly different and indicate that all try nets capture turtles 
at approximately the same rate, proportional to headrope length.
    In summary, TEDs can be effectively installed in large and small 
try nets, with very minor or no operational changes, and they should be 
effective in excluding captured turtles. The TEDs are compatible with 
large try nets and bib-type try nets that can be used for sampling 
white shrimp. NMFS believes that allowing 15 or 16 ft (4.6 or 4.9 m) 
headrope length try nets to remain exempt from TED requirements, as 
proposed by some commenters, would result in sea turtles being provided 
with little additional protection, as many shrimpers would continue to 
use the larger try nets and to capture turtles at the same rate without 
the possibility of escape through TEDs. The proposed exemption of try 
nets with a 12 ft (3.7 m) headrope length and 15 ft (4.6 m) footrope 
length or less would provide greater sea turtle protection, in that 
fishers will be able to either use TEDs in larger try nets or use try 
nets of a smaller size, that are readily commercially available and 
that will reduce the rate of turtle capture due solely to its size. 
Smaller size try nets also have only a small tail bag to accumulate 
shrimp catch. Thus, there would be little incentive to use a small try 
net longer than necessary to monitor shrimp catch rates.
    The proposal to remove the approval of soft TEDs also drew numerous 
comments, again ranging from opposition to support. Fishers and other 
commenters from the Southeast Atlantic area generally concurred that 
soft TEDs were not as effective as hard TEDs in excluding turtles. Many 
commenters from this area believe that banning soft TEDs is a 
reasonable measure to attempt to reduce sea turtle mortality and 
strandings. Some commenters from the Gulf of Mexico shrimp fishery 
objected to the removal of the approval of all soft TEDs, however. 
While agreeing that the Morrison, Taylor, and Parrish soft TEDs may not 
be effective and should be disapproved, many commenters stated that the 
evidence regarding the performance of the Andrews soft TED was not 
sufficient to justify disapproving it, and that the Andrews TED had 
many positive qualities justifying its continued use. In response to 
these comments, NMFS has undertaken additional studies, including 
observations of Andrews TED performance versus hard TED performance on 
the commercial shrimping grounds and is in the process of examining the 
turtle exclusion abilities of commercially available Andrews soft TEDs. 
NMFS will make a complete response, including the results of the 
additional studies regarding the

[[Page 33380]]

Andrews soft TED, once all studies are completed and before taking any 
final action on the proposed rule. The Andrews TED is believed to be 
used only rarely in the Atlantic shrimping grounds, where the Morrison 
is the preferred soft TED.
    The measure of the proposed rule that was most vigorously and 
frequently opposed by commenting fishers and other shrimp industry 
representatives in the Southeastern Atlantic Area was the prohibition 
on the use of bottom-opening hard TEDs in the proposed Atlantic SFSTCA. 
One conservation organization--Earth Island Institute--and the state 
departments of natural resources in both Georgia and South Carolina 
also objected to the proposed bottom-opening TED ban. Commenters stated 
that bottom-opening hard TEDs are necessary to exclude the large 
amounts of bottom debris that occur in their fishing areas. They also 
stated that top-opening hard TEDs are more likely than bottom-openers 
to twist, which would lose shrimp and entangle turtles and also that 
top-opening TEDs were likely to bog down and cause the entire TED and 
tailbag to be torn off. Some commenters stated that the longer escape 
times of turtles in bottom-opening hard TEDs versus top-opening hard 
TEDs and prolonged submergences resulting from repeated captures were 
not sufficiently convincing reasons for restricting the use of bottom-
opening hard TEDs. Many commenters asked that restrictions on the use 
of bottom-opening TEDs not be implemented before other sea turtle 
protective measures are implemented and evaluated for their 
effectiveness.
    NMFS has repeatedly tried to verify the reported problems of 
twisting, clogging, and torn off top-opening TEDs but has generally 
been unable to do so. The preference of Louisiana shrimpers for top-
opening hard TEDs in areas with extremely trashy bottoms does not 
support a systematic operational problem with top-opening hard TEDs. 
Nonetheless, NMFS recognizes that fishers in the Atlantic have 
predominantly used bottom-opening hard TEDs, were among the first to 
begin widespread use of TEDs, and have experience and a strong 
preference for this gear type. NMFS remains concerned that bottom-
opening hard TEDs that are not properly floated or weighed down with 
debris will prevent turtle escape because the escape opening is blocked 
by the sea floor, and that bottom-opening hard TEDs are less efficient 
than top-opening hard TEDs in releasing turtles, with turtles taking 
approximately twice as long to escape, even under ideal conditions. In 
controlled testing of TEDs, however, properly floated bottom-opening 
hard TEDs have always shown excellent success at sea turtle exclusion, 
albeit at a somewhat slower rate than for top-opening hard TEDs. NMFS 
is currently conducting additional testing on the relative 
effectiveness and advantages of top- and bottom-opening hard TEDs. 
Pending the results of this testing, NMFS believes that capture in try 
nets and ineffective soft TEDs poses a greater threat to sea turtles 
than bottom-opening hard TEDs, due to a lesser likelihood of escape 
from soft TEDs and the longer forced submergences in try nets. For this 
reason, NMFS is not including restrictions on the use of bottom-opening 
TEDs in this temporary rule, although it is a component of the proposed 
rule. However, continued elevated strandings following the 
implementation of the conservation measures in this action may result 
in increased gear restrictions or area closures.
    Some Georgia fishers offered a proposal that they felt would 
address the problem of the adverse effects of heavy shrimping effort. 
These fishers advocated a nighttime closure of Federal waters to 
shrimping, at least during the early part of the shrimping season. The 
recommended nighttime closure would be compatible with Georgia state 
laws that prohibit trawling between 8 p.m. and 5 a.m. eastern standard 
time. Enforcement of closures in state waters would be greatly enhanced 
by cooperating Federal action and a coordinated state-Federal closure 
may also be a boon to local, primarily daytime, shrimpers by reducing 
the pressure to fish around the clock. Traditionally, white shrimp are 
primarily caught during the day, while brown shrimp are primarily 
pursued at night. Unfortunately commenters have not provided NMFS with 
any data that would allow an assessment of the possible impacts of a 
nighttime closure in Federal waters on shrimp catch, catch allocation, 
or effort reduction and the possible benefits to sea turtles. If NMFS 
can determine that the benefits to sea turtles from nighttime closures 
of Federal waters off Georgia would be significant and would be 
compatible with other resource management goals, nighttime closures may 
be pursued through a future rulemaking action. NMFS requests the public 
to submit any relevant information on the impacts of nighttime closures 
of Federal waters off of Georgia.

Restrictions on Fishing by Shrimp Trawlers

    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. The June 11, 1996 biological opinion 
includes a condition under the ITS that specifies that NMFS must 
respond to stranding events the reach unacceptable levels based on 
historical events. If investigations suggest that management action is 
necessary in areas of high shrimping effort, temporary additional 
restrictions will be required pursuant to 50 CFR 227.72(e)(6). 
Historically, Georgia fishers have exhibited a high degree of 
cooperation with existing regulations. Therefore, it does not appear 
that the recent high level of strandings along the Georgia coast are a 
result of non-compliance with existing sea turtle conservation 
measures. Based on the foregoing analysis of relevant factors and the 
biological opinion prepared in conjunction with this action pursuant to 
Section 7 of the ESA, the AA has determined that continued takings of 
sea turtles by shrimp fishing off Georgia are unauthorized, are likely 
to continue if no action is taken, and would violate the terms and 
conditions of the incidental take statement of the June 11, 1996 
biological opinion 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 (3.7 m) or a footrope length greater than 15 ft (4.6 
m), unless the try nets are equipped with NMFS-approved hard or special 
hard TEDs.
    These restrictions are being applied in inshore waters and offshore 
waters seaward to 10 nm (18.5 km) along the Georgia coast, between the 
Georgia-Florida border and the Georgia-South Carolina border. This area 
includes inshore and nearshore waters in NMFS fishery statistical Zone 
31, a small part of the southern portion of statistical Zone 32, and 
approximately 18 miles (29.0 km) of the northern portion of statistical 
Zone 30. Under 50 CFR 217.12, offshore waters are defined as marine and 
tidal waters seaward of the 72 COLREGS demarcation line (International 
Regulations for Preventing Collisions at Sea, 1972), as

[[Page 33381]]

depicted or noted on nautical charts published by NOAA (Coast Charts, 
1:80,000 scale) and as described in 33 CFR part 80; inshore waters are 
those marine and tidal waters shoreward of the COLREGS line. For the 
purpose of this rule only, notwithstanding any other definitions that 
may exist, the Georgia-South Carolina border in the Atlantic Ocean is 
defined to be the line segment connecting the points 32 deg.02'30.6'' 
N. lat., 080 deg.51'03.0'' W. long. (the seaward tip of the jetty 
protecting the north side of the mouth of the Savannah River) and 
31 deg.58'46.8'' N. lat., 080 deg.38'21.0'' W. long.(a point exactly 10 
nm (approximately 18.5 km) seaward of the nearest land at Tybee Island 
and located on the line extending in a direction of 109 deg. from true 
north from the previous point), and the Georgia-Florida border in the 
Atlantic Ocean is defined as the line along 30 deg.42'45.6'' N. lat.
    Pursuant to 50 CFR 227.72(e)(4)(iii) soft TEDs have been certified 
and approved for use. However, the use of soft TEDs by the shrimping 
fleet has been associated with elevated sea turtle strandings. Because 
of the inherent properties of synthetic webbing, soft TEDs are 
difficult to install properly and once installed, their actual in-water 
configuration, shape, and performance cannot be determined even by 
professional net makers. Furthermore, changes made by a trawler captain 
to the fishing configuration of a net to match fishing conditions--such 
as changing door sizes or angles, adding flotation to the headrope, or 
adjusting center bridle tension on tongue or bib trawls--and the 
accumulation of catch and debris in the trawl will all affect the shape 
of the soft TED and thus its effectiveness at releasing turtles. A more 
complete explanation for the prohibition of soft TEDs is provided in 
the temporary rulemakings implemented by NMFS last year and in the 
proposed rule, and is not repeated here.
    Pursuant to 50 CFR 227.72(e)(2)(ii)(B)(1), try nets up to 20 ft 
(6.1 m) headrope length 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 two mortalities, have been documented by NMFS, and 
anecdotal accounts suggest multiple sea turtle captures in try nets are 
occurring in Georgia waters. The original assumption by NMFS that try 
nets are only towed for short periods of time now appears to be 
invalid. In addition to numerous anecdotal reports from shrimpers to 
this effect, NMFS gear specialists have observed shrimpers regularly 
towing try nets for periods well over an hour. Since long try net tows 
defeat the purpose of assessing catch rates, the apparent intention of 
these long tows is to use the try nets as auxiliary nets to increase 
the overall shrimp capture, using a TED-less net. Such use of try nets 
may be seriously contributing to turtle capture, mortality, and 
strandings.

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 on June 
24, 1996 through 11:59 p.m. (local time) July 24, 1996, fishing by 
shrimp trawlers in inshore waters and offshore waters seaward to 10 nm 
(18.5 km) from the COLREGS line along the coast of Georgia, between the 
Georgia-South Carolina border and the Georgia-Florida border, 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 
(3.7 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 (3.7 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). For the purpose of this rule only, 
notwithstanding any other definitions that may exist, the Georgia-South 
Carolina border in the Atlantic Ocean is defined to be the line segment 
connecting the points 32 deg.02'30.6'' N. lat., 080 deg.51'03.0'' W. 
long. (the seaward tip of the jetty protecting the north side of the 
mouth of the Savannah River) and 31 deg.58'46.8'' N. lat., 
080 deg.38'21.0'' W. long.(a point exactly 10 nm (approximately 18.5 
km) seaward of the nearest land at Tybee Island and located on the line 
extending in a direction of 109 deg. from true north from the previous 
point), and the Georgia-Florida border in the Atlantic Ocean is defined 
as the line along 30 deg.42'45.6'' N. lat.
    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 for 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.

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 that 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 Zone 30 (northern portion) and 31, and continue to occur as 
shrimping continues. Any delay in this action will likely result in

[[Page 33382]]

additional fatal takings of listed sea turtles. In addition, good cause 
exists because NMFS has addressed comments or similar provisions in the 
proposed rule in the context of this temporary action.
    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 fishers. The 
predominant TED designs in use in the affected area are single-grid 
hard 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 rules requiring 
the use of such TEDs in waters off Georgia in 1995. For those trawlers 
who have yet to equip their nets with hard TEDs, single-grid hard TEDs 
are available for $75.00 to $350.00 and take only several hours to 
install. While some fishers 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 fishers is expected to 
be minimized by the fact that fishers in most of the affected areas 
have previously modified or acquired gear to comply with earlier 
restrictions that were identical or more stringent than the present 
action.
    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 21, 1996.
Charles Karnella,
Acting Director, Office of Management Information, National Marine 
Fisheries Service.
[FR Doc. 96-16435 Filed 6-24-96; 4:13 pm]
BILLING CODE 3510-22-F