[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Rules and Regulations]
[Pages 25670-25671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10922]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 991207322-0115-04; I.D. 042100B]
RIN 0648-AN30


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; request for comments.

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SUMMARY: NMFS is closing, for a two-week period, all inshore waters and 
offshore waters out to 10 nautical miles (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 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 April 27, 2000 through 11:59 p.m. 
(local time) on May 11, 2000.

ADDRESSES: Comments on this action should be addressed to the Chief, 
Endangered Species Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910. Comments may also be sent 
via fax to 301-713-0376. Comments will not be accepted if submitted via 
e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, (727) 570-5312, 
(ph. 727-570-5312, fax 727-570-5517, e-mail [email protected]), or 
Wanda L. Cain, (ph. 301-713-1401, fax 301-713-0376, e-mail 
[email protected]).
    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: Prohibitions to taking sea turtles are 
governed by regulations implementing the Endangered Species Act at 50 
CFR parts 222 and 223. 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 provide protection for 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 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 20, 2000, along the South 
Carolina coast documented 28 leatherback turtles over a total survey 
trackline of approximately 120 nm (222 km). The highest concentrations 
were noted in waters off the southern half of the state. Twenty-one of 
the 28 leatherbacks were sighted in the portion of the survey trackline 
just 36.3 nm (67.2 km) long, from the south end of Pritchards Island 
(approximately 32 deg.16' N. lat, 080 deg.36' W. long.) to the north 
end of Kiawah Island (approximately 32 deg.35' N. lat., 079 deg.59 deg. 
W. long.). In a 8.7-nm (16.1-km) section of the survey trackline flown 
in a northeasterly direction commencing approximately 1 nm (1.8 km) off 
the beach at the southern end of Edisto Island (approximately 
32 deg.28' N. lat., 080 deg.20' W. long.), 7 leatherbacks were sighted. 
A replicate survey flown later in the flight (same course, speed, and 
altitude) over the same 8.7 nm section of trackline area sighted 11 
leatherbacks. Fishing effort appeared minimal at the time of the 
survey. Only 8 vessels (7 underway shrimp trawlers and 1 stationary 
gillnet vessel) were observed during the survey of the South Carolina 
coast. The paucity of vessels is likely due to the fact that shrimping 
in state waters off South Carolina (and Georgia) is scheduled to remain 
closed until mid to late May.
    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 OMB 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.

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 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

[[Page 25671]]

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. Notice and opportunity to 
comment on the leatherback closure procedures was provided through the 
rulemaking establishing the closure procedures (60 FR 25663, May 12, 
1995).
    Pursuant to 5 U.S.C. 552(d)(3), the AA finds that there is good 
cause not to delay the effective date of this rule for 30 days. It 
would be contrary to the public interest to delay this action because 
such delay would prevent the agency from implementing the necessary 
action in a timely manner to protect the endangered leatherback. 
Accordingly, the AA is making the rule effective April 27, 2000 through 
May 11, 2000. 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.
    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: April 27, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-10922 Filed 4-27-00; 4:49 pm]
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