[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Pages 25460-25461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11985]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 950427117-9123-06; I.D. 050599D]
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: Temporary rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing, for a 2-week period, all inshore waters and 
offshore waters out to 10 nm (18.5 km) seaward of the COLREGS 
demarcation line (as defined at 33 CFR Part 80), bounded by 32 deg. N. 
lat. and 33 deg. N. lat. within the Leatherback conservation zone, to 
fishing by shrimp trawlers required to have a turtle excluder device 
(TED) installed in each net that is rigged for fishing, unless the TED 
has an escape opening large enough to exclude leatherback turtles, as 
specified in the regulations. This action is necessary to reduce 
mortality of endangered leatherback sea turtles incidentally captured 
in shrimp trawls.

DATES: This action is effective from May 7, 1999 through 11:59 p.m. 
(local time) on May 21, 1999.
FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, (727) 570-5312, or 
Barbara A. Schroeder (301) 713-1401. For assistance in modifying TED 
escape openings to exclude leatherback sea turtles, fishermen may 
contact gear specialists at the NMFS Pascagoula, MS laboratory by phone 
(228) 762-4591 or fax (228) 769-8699.

SUPPLEMENTARY INFORMATION: The taking of sea turtles is governed by 
regulations implementing the Endangered Species Act (ESA) at 50 CFR 
parts 222 and 223 (see 64 FR 14051, March 23, 1999, final rule 
consolidating and reorganizing ESA regulations). Generally, the taking 
of sea turtles is prohibited. However, the incidental take 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 223.206, which include a requirement that shrimp trawlers 
have a NMFS-approved TED installed in each net rigged for fishing. The 
use of TEDs significantly reduces mortality of loggerhead, green, 
Kemp's ridley, and hawksbill sea turtles. Because 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.
    Through a final rule (60 FR 47713 September 14, 1995), NMFS 
established regulations to protect leatherback turtles when they occur 
in locally high densities during their annual, spring northward 
migration along the Atlantic seaboard. Within the Leatherback 
conservation zone, NMFS may close an area for 2 weeks when leatherback 
sightings exceed 10 animals per 50 nautical miles (nm) (92.6 km) during 
repeated aerial surveys pursuant to Sec. 223.206(d)(2)(iv)(A) through 
(C).
    An aerial survey conducted on April 27, 1999, along the South 
Carolina coast documented 70 leatherback turtles over a total survey 
trackline of 327 nautical miles (nm) (606 km). The highest 
concentrations were noted in waters off the southern half of the state 
along two, parallel 46 nm (85.2 km) tracklines beginning at 
approximately 32 deg.07' N. lat., 080 deg.41' W. long. (offshore Hilton 
Head Island, SC) and ending at approximately 32 deg.35' N. lat., 
079 deg.59' W. long. (offshore Kiawah Island, SC), where 35 
leatherbacks were sighted along the trackline parallel to the coast at 
approximately 1.5 nm (2.8 km), and 17 leatherbacks were sighted along 
the trackline paralleling the coast at approximately 3.0 nm (5.6 km). A 
survey along the same tracklines on May 3, 1999, documented 1 
leatherback on the 1.5 nm (2.8 km) and 11 leatherbacks on the 3.0 nm 
(5.6 km) from shore tracklines. The May 3 survey also observed 55 
trawlers operating along the South Carolina coast. Of those 55 
trawlers, 52 were located south of Cape Romain, within shrimp fishery 
statistical zone 32. Thirty-four trawlers were sighted between Hilton 
Head and Kiawah Islands, along the portion of trackline with the 
highest concentrations of leatherback. Therefore, the Assistant 
Administrator for Fisheries, NOAA (AA), has determined that all inshore 
waters and offshore waters within 10 nm (18.5 km) seaward of the 
COLREGS demarcation line, bounded by 32 deg. N. lat. and 33 deg. N. 
lat., within the Leatherback conservation zone are closed to fishing by 
shrimp trawlers required to have a TED installed in each net that is 
rigged for fishing, unless the TED installed has an escape opening 
large enough to exclude leatherback turtles, meeting the specifications 
at 50 CFR 223.207(a)(7)(ii)(B) or 223.207(c)(1)(iv)(B). These 
regulations specify modifications that can be made to either single-
grid hard TEDs or Parker soft TEDs to allow leatherbacks to escape.
    The regulations at 50 CFR 223.206(d)(2)(iv) also state that 
fishermen operating in the closed area with TEDs modified to exclude 
leatherback turtles must notify the NMFS Southeast Regional 
Administrator of their intentions to fish in the closed area. This 
aspect of the regulations does not have a current Office of Management 
and Budget control number, issued pursuant to the Paperwork Reduction 
Act. Consequently, fishermen are not required to notify the Regional 
Administrator prior to fishing in the closed area, but they must still 
meet the gear requirements.
    This closure has been announced on the NOAA weather channel, in 
newspapers, and other media. Shrimp trawlers may also call (727)570-
5312 for updated area closure information.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The AA is taking this action in accordance with the requirements of 
50 CFR 223.206(d)(2)(iv) to provide emergency protection for endangered 
leatherback sea turtles from incidental capture and drowning in shrimp 
trawls. Leatherback sea turtles are occurring in high concentrations in 
coastal waters in shrimp fishery statistical zone 32. This action 
allows shrimp fishing to continue in the affected area and informs 
fishermen of the gear changes that they can make to protect leatherback 
sea turtles.
    Pursuant to 5 U.S.C. 553(b)(B), the AA finds that there is good 
cause to waive prior notice and opportunity to comment on this action. 
It would be contrary to the public interest to provide prior notice and 
opportunity for comment because providing notice and comment would 
prevent the agency from implementing the necessary action in a timely 
manner to protect the endangered leatherback. Furthermore,

[[Page 25461]]

notice and opportunity to comment on this action was provided through 
the proposed rule establishing these actions (60 FR 25663, May 12, 
1995). For these reasons, good cause exists under 5 U.S.C. 553(d)(3) 
not to delay the effective date of this rule for 30 days. As stated 
above, this closure has been announced on the NOAA weather radio, in 
newspapers, and other media, allowing time for the shrimp fishery to 
comply with this rule.
    As prior notice and an opportunity for public comment are not 
required to be provided for this notification by 5 U.S.C. 553, or by 
any other law, the analytical requirements of 5 U.S.C. 601 et seq., are 
inapplicable.
    The AA prepared an Environmental Assessment (EA) for the final rule 
requiring TED use in shrimp trawls and the regulatory framework for the 
Leatherback Conservation Zone (60 FR 47713, September 14, 1995). Copies 
of the EA are available (see ADDRESSES).

    Dated: May 7, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-11985 Filed 5-7-99; 4:48 pm]
BILLING CODE 3510-22-F