[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Rules and Regulations]
[Pages 28761-28762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13394]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No.950427117-9138-08; I.D.051999A]
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 2 weeks 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 33 deg. N. 
lat. and 34 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 NMFS' approved escape opening large enough to exclude 
leatherbacks. This action is necessary to reduce mortality of 
endangered leatherback sea turtles incidentally captured in shrimp 
trawls.

DATES: This action is effective from May 21, 1999 through 11:59 p.m. 
(local time) on June 4, 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).
    NMFS announced a 2-week closure on May 7, 1999 (64 FR 25460, May 
12, 1999), affecting the portion of the leatherback conservation zone 
between 32 deg. N. lat. and 33 deg. N. lat. The boundaries of the 
closure correspond to those of shrimp fishery statistical zone

[[Page 28762]]

32. The closure was based on high concentrations of leatherbacks off 
the South Carolina coast, observed during aerial surveys conducted on 
April 27 and May 3. During those surveys, the highest concentrations 
were noted in waters off the southern half of the state between Hilton 
Head Island, SC, and at Kiawah Island, SC. After a May 11 aerial survey 
reconfirmed the continued high abundance of leatherback turtles in that 
closed zone, NMFS extended the closure for an additional week, through 
May 28, 1999 (64 FR 27206, May 19, 1999). That survey also showed that 
the leatherbacks were continuing to move slowly northward, as expected. 
Concentrations of leatherbacks were noted between Murrels Inlet and 
Myrtle Beach.
    An aerial survey conducted on May 14, 1999, along a portion of the 
South Carolina coast sighted 10 leatherback turtles over an 
approximately 15 nm (28 km) trackline, beginning at approximately 
33 deg.23' N. lat., 079 deg.07' W. long. (offshore Pawleys Island, SC) 
and ending at approximately 33 deg.35' N. lat., 078 deg.57' W. long. 
(offshore Surfside Beach, SC). A repeated survey along the same 
trackline documented 12 leatherbacks on May 18, 1999. Therefore, the 
Assistant Administrator for Fisheries, NOAA (AA), is closing, for 2 
weeks, 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 NMFS' approved 
escape opening large enough to exclude leatherbacks, as set forth 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 boundaries of 
the closed zone correspond to those of shrimp fishery statistical zone 
33.
    This action does not affect the current closure in zone 32. The May 
18 aerial survey sighted 19 leatherbacks along two tracklines greater 
than 50 nm (92.6 km) parallel to the South Carolina coast, south of 
33 deg. N. lat. NMFS is therefore taking no action at this time to 
extend the current closure beyond May 28, 1999, nor to re-open the area 
closure.
    NMFS will continue to monitor the the Georgia and South Carolina 
coasts for the presence of leatherback sea turtles through weekly 
aerial surveys. Continued high abundance of leatherbacks greater than 
10 turtles per 50 nm (92.6 km) of trackline will require further 
closure 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 
in repeated surveys, then the AA may modify the closure or re-open the 
area, 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 modify this closure or re-open the area, 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.
    This closure has been announced on the NOAA weather channel, in 
newspapers, and other media. Shrimp trawlers may also call Charles 
Oravetz (see 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 from 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 be provided with 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 were 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 21, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-13394 Filed 5-21-99; 3:40 pm]
BILLING CODE 3510-22-F