[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Proposed Rules]
[Pages 32787-32788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No.010607150-1150-01; I.D. 091200F]
RIN 0648-AN64


Sea Turtle Conservation; Restrictions Applicable to Fishing and 
Scientific Research Activities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend the sea turtle handling and 
resuscitation regulation. Recent scientific and technical information 
indicate that the current procedures need to be updated. This measure 
is necessary to improve the handling of sea turtles that are 
incidentally captured during scientific research or fishing activities.

DATES: Written comments must be received on or before July 18, 2001.

ADDRESSES: Comments on this proposed rule should be addressed to the 
Chief, Endangered Species Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910 or comments may 
be submitted via facsimile 301-713-0376 or via electronic Internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Therese A. Conant, or Barbara A. 
Schroeder, (301)713-1401.

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 and summer flounder fishing in areas of the Atlantic 
Ocean 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 to have a NMFS-approved turtle excluder 
device (TED) installed in each net rigged for fishing. Other exceptions 
to the taking prohibition include incidental take that is authorized 
for ESA scientific research permits, incidental take permits, and 
section 7 incidental take statements. All take excepted from the 
prohibitions requires safe handling and resuscitation of incidentally 
caught sea turtles as specified at 50 CFR 223.206(d)(1).

Justification and Changes Proposed

    Sea turtles are air breathers and may drown under conditions of 
forced submergence. To minimize the impact of forced submergence, NMFS 
developed protocols to handle comatose turtles (FR 43 32801, July 28, 
1978) and subsequently updated the protocols (57 FR 57354, December 4, 
1992). New scientific and technical information has been collected 
since the last update. For example, the practice of stepping on the 
plastron to revive the turtle may actually do more harm than good. 
Plastral pumping may cause the airway to block, thus prohibiting air 
from entering the lungs. Pumping the plastron while a turtle is on its 
back also causes the viscera to compress the lungs which are located 
dorsally, thereby hindering lung ventilation. Recent physiological 
studies on the effects of trawl capture on small sea turtles show that 
high stress levels are developed during short-duration forced 
submergences and that the turtles may require from 3.5 up to 24 hours 
to recover from the stress effects. Thus, in addition to comatose 
turtles being held up to 24 hours, the release of actively moving 
turtles should also be delayed when possible. Resuscitation techniques 
have been refined over the years as biologists have developed effective 
ways to test for reflexes in order to determine the status of the 
turtle.
    The proposed changes to the existing protocol are as follows: 
Eliminate stepping on the plastron as a method for resuscitation; 
provide a more defined criteria to determine dead versus comatose 
turtles; increase the minimum elevation of the hindquarters; and add 
carapace movement and a reflex test to the resuscitation methods. In 
addition,

[[Page 32788]]

several minor changes have been made to clarify the guidance for 
keeping a turtle moist. The changes to the sea turtle resuscitation 
requirements are expected to increase the survivorship of turtles that 
are returned to the water after being captured in a trawl.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this proposed rule is consistent with the ESA and with 
other applicable law.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The AA prepared an environmental impact statement (EIS) for the 
1978 listing determination, establishing the handling and resuscitation 
requirements and prepared an environmental assessment (EA) for the 1992 
updated of the requirements. Since the changes proposed in this rule do 
not constitute a new action and do not individually or cumulatively 
have a significant impact on the quality of the human environment, this 
proposed rule has been determined to be Categorical Exclusion under the 
National Environmental Policy Act. A copy of the 1978 EIS and the 1992 
EA are available (see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule would not 
have significant economic impact on a substantial number of small 
entities, because the provisions of the proposed rule would make only 
minor changes that would not impose any new economic burden on 
fishermen or scientific researchers.
    This proposed rule does not contain a collection-of-information 
requirement subject to the Paperwork Reduction Act.
    This proposed rule does not contain policies with federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 12612.

List of Subjects

50 CFR Part 223

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

50 CFR Part 224

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and recordkeeping requirements.

    Dated: June 12, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR parts 223 and 224 
are proposed to be amended as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

    1. The authority citation for part 223 continues to read as 
follows:

    Authority: 16 U.S.C. 1531-1543; subpart B; 16 U.S.C. 1361 et 
seq.

    2. In Sec.  223.206, paragraph (d)(1) is revised to read as 
follows:


Sec.  223.206  Exceptions to prohibitions relating to sea turtles.

* * * * *
    (d) * * *
    (1) Handling and resuscitation requirements. (i) Any specimen taken 
incidentally during the course of fishing or scientific research 
activities must be handled with due care to prevent injury to live 
specimens, observed for activity, and returned to the water according 
to the following procedures:
    (A) Sea turtles that are actively moving or determined to be dead 
as described in paragraph (d)(1)(i)(C) of this section must be released 
over the stern of the boat. In addition, they must be released only 
when fishing or scientific collection gear is not in use, when the 
engine gears are in neutral position, and in areas where they are 
unlikely to be recaptured or injured by vessels.
    (B) Resuscitation must be attempted on sea turtles that are 
comatose, or inactive, as determined in paragraph (d)(1) of this 
section, by:
    (1) Placing the turtle on its bottom shell (plastron) so that the 
turtle is right side up and elevating its hindquarters at least 6 
inches (15.2 cm) for a period of 4 up to 24 hours. The amount of the 
elevation depends on the size of the turtle; greater elevations are 
needed for larger turtles. Periodically, rock the turtle gently left to 
right and right to left by holding the outer edge of the shell 
(carapace) and lifting one side about 3 inches (7.6 cm) then alternate 
to the other side. Gently touch the eye and pinch the tail (reflex 
test) periodically to see if there is a response.
    (2) Sea turtles being resuscitated must be shaded and kept damp or 
moist but under no circumstance be placed into a container holding 
water. A water-soaked towel placed over the head, carapace, and 
flippers is the most effective method in keeping a turtle moist.
    (3) Turtles that revive and become active must be released over the 
stern of the boat only when fishing or scientific collection gear is 
not in use, when the engine gears are in neutral position, and in areas 
where they are unlikely to be recaptured or injured by vessels. Sea 
turtles that fail to respond to the reflex test or fail to move within 
4 hours (up to 24, if possible) must be returned to the water in the 
same manner as that for actively moving turtles.
    (C) A turtle is determined to be dead if the muscles are stiff 
(rigor mortis) and/or the flesh has begun to rot; otherwise the turtle 
is determined to be comatose or inactive and resuscitation attempts are 
necessary.
    (ii) Notwithstanding the provisions of (d)(1)(i) of this section, a 
person aboard a pelagic longline vessel in the Atlantic issued an 
Atlantic permit for highly pelagic species under 50 CFR 635.4, must 
follow the handling and resuscitation requirements in 50 CFR 635.21.
    (iii) Any specimen taken incidentally during the course of fishing 
or scientific research activities must not be consumed, sold, landed, 
offloaded, transshipped, or kept below deck.
* * * * *

PART 224-- ENDANGERED MARINE AND ANADROMOUS SPECIES

    3. The authority citation for part 224 continues to read as 
follows:

    Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

    4. Section 224.104 is revised by adding a new paragraph (d) to read 
as follows:


Sec.  224.104  Incidental capture of endangered sea turtles.

* * * * *
    (d) Special handling and resuscitation requirements are specified 
at Sec.  223.206(d)(1).
[FR Doc. 01-15319 Filed 6-15-01; 8:45 am]
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