[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33779-33780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 000519147-0147-01; I.D. 051800C]
RIN 0648-AO22


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 2 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. (approximately 
Tybee Island, Georgia) and 34 deg. N. lat. (approximately Wilmington 
Beach, North Carolina) 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 19, 2000 through 11:59 p.m. 
(local time) on June 2, 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.

[[Page 33780]]

727-570-5312, fax 727-570-5517, e-mail [email protected]), or 
Barbara A. Schroeder, (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 May 12, 2000, along the South 
Carolina coast documented 14 leatherback turtles over a total survey 
trackline of approximately 39.7 nm (73.6 km). The survey trackline was 
flown in a northeasterly direction commencing approximately 1 nm (1.9 
km) offshore of Bull's Island (32 deg.55' N. lat., 080 deg.39' W. 
long.) and terminating approximately 1 nm (1.9 km) off of Winyah Bay 
(33 deg.13' N. lat., 080 deg.11' W. long.). A replicate survey 
conducted on May 16, 2000 sighted 12 leatherbacks in 46 nm (85.2 km) of 
trackline. This survey was flown in a northeasterly direction 
commencing approximately 1 nm (1.9 km) offshore of Isle of Palms 
(32 deg.46' N. lat., 080 deg.46' W. long.) and terminating 
approximately 1 nm (1.9 km) offshore of North Island (33 deg.15' N. 
lat., 080 deg.11' W. long.). Fishing effort appeared heavy at the time 
of the survey. One hundred and sixteen vessels (77 underway shrimp 
trawlers) were observed during the survey of the South Carolina coast.
    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 34 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 (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 Executive Order 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 zones 32 and 33. 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. 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. 553(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 May 19, 2000 through 
June 2, 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: May 19, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-13092 Filed 5-19-00; 4:55 pm]
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