[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Rules and Regulations]
[Pages 27206-27207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12595]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 950427117-9133-07; I.D.051299D]
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.

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SUMMARY: NMFS is extending for 1 week its existing closure of all 
inshore waters and offshore waters out to 10 nautical miles (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. The 
existing closure was scheduled to expire at 11:59 p.m. (local time) on 
May 21, 1999 (published in the Federal Register on May 12, 1999). The 
closure of the area will now expire at 11:59 p.m. (local time) on May 
28, 1999. This continued closure is necessary to reduce mortality of 
endangered leatherback sea turtles incidentally captured in shrimp 
trawls.

DATES: This action is effective from May 14, 1999 through 11:59 p.m. 
(local time) on May 28, 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 by 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 is required to close an area for 2 weeks when 
leatherback sightings exceed 10 animals per 50 nm (92.6 km) during 
repeated aerial surveys pursuant to 50 CFR 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 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). On May 3, 1999, a survey along the same 
tracklines 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.
    On May 7, 1999, the Assistant Administrator for Fisheries, NOAA 
(AA), based on high observed concentrations of leatherback sea turtles 
off the South Carolina coast (64 FR 25460, May 12, 1999) during these 
surveys, closed, from May 7, 1999, through 11:59 p.m.(local time) on 
May 21, 1999, 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, 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.
    NMFS has continued to monitor the presence of leatherback turtles 
along the Georgia and South Carolina coasts. A May 11, 1999, aerial 
survey along the South Carolina coast confirmed the continued high 
abundance of leatherback sea turtles in the currently closed area. Over 
the same portion of trackline, 14 leatherback turtles were sighted 
approximately 1.5 nm (2.8 km) from shore. Three more leatherbacks were 
sighted on the continuation of the survey, off of Folly Island 
immediately to the north. Low clouds and poor visibility prevented the 
survey of the parallel trackline 3 nm (5.6 km) from shore. Because this 
repeat aerial survey confirmed the continued presence of leatherback 
sea turtles, the AA has determined that under the regulations 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 for 2 weeks 
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).
    This closure will be filed with the Office of the Federal Register 
on or about Friday May 14, 1999. The effect is the same as extending 
the exsting closure for a 1-week period. The same restrictions apply 
during the entire period the area is closed.

[[Page 27207]]

    NMFS will continue to monitor the presence of leatherback sea 
turtles along the Georgia and South Carolina coasts through weekly 
aerial surveys. Continued high abundance of leatherbacks greater than 
10 turtles per 50 nm (92.6 km) of trackline will require further agency 
action, as per 50 CFR 223.206(d)(2)(iv)(B). If leatherback sightings 
fall to 5 or fewer turtles per 50 nm (92.6 km) of trackline, then the 
aerial surveys of the closed area will be replicated within 24 hours, 
or as soon as practicable thereafter. If sighting rates of 5 or fewer 
leatherbacks per 50 nm (92.6 km) are reconfirmed, then the AA may 
withdraw or modify the closure that is the subject of this rule, as per 
50 CFR 223.206(d)(4)(ii). NMFS will consult with the appropriate state 
natural resource officials in the closed area in making a determination 
to withdraw or modify this closure, as per 50 CFR 223.206(d)(4)(iv). 
Fishermen should monitor NOAA weather radio for announcements.
    The regulations at 50 CFR 223.206(d)(2)(iv) 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.
    The additional closure has been announced on the NOAA weather 
channel, in newspapers, and other media. Shrimp trawlers may also call 
Charles Oravetz (see FOR FURTHER INFORMATION CONTACT) 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, 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, the 
additional 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 14, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 99-12595 Filed 5-14-99; 3:48 pm]
BILLING CODE 3510-22-F