[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Proposed Rules]
[Pages 39474-39475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19060]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[I.D. 072301C]


Sea Turtle Conservation; Activities Related to Fishing

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS); request for written comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces its 
intent to prepare an EIS to assess the potential impacts on the human 
environment of sea turtle interactions with fishing activities in the 
Atlantic and Gulf of Mexico. NMFS is responsible for promoting sea 
turtle conservation and for ensuring that priority tasks identified in 
Endangered Species Act (ESA) recovery plans are implemented.

DATES: Written comments on fisheries/sea turtle interactions or other 
information that NMFS should consider in preparing the EIS are 
requested and must be received on or before August 30, 2001.

ADDRESSES: Comments on the proposal to prepare an EIS and request for 
copies of the NMFS Strategy for Sea Turtle Conservation & Recovery in 
Relation to Atlantic Ocean and Gulf of Mexico Fisheries (Strategy) 
should be sent to: 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. Notice of 
public meetings will be announced at a later date through notice in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT:  Barbara A. Schroeder (ph. 301 -713-
1401, fax 301-713-0376, e-mail [email protected]).

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the Endangered Species Act (ESA). The 
Kemp's ridley (Lepidochelys kempii), leatherback (Dermochelys 
coriacea), and hawksbill (Eretmochelys imbricata) are listed as 
endangered. Loggerhead (Caretta caretta) and green (Chelonia mydas) 
turtles are listed as threatened, except for populations of green 
turtles in Florida and on the Pacific coast of Mexico, which are listed 
as endangered.
    Under the ESA and its implementing regulations, taking sea turtles-
-even incidentally--is prohibited, with exceptions identified in 50 CFR 
223.206. Reduction of the incidental capture of sea turtles as a result 
of fishery operations has been identified as a priority task in all 
(ESA) sea turtle recovery plans for the Atlantic, Gulf of Mexico, and 
Caribbean.
    NMFS has implemented numerous recovery actions under the provisions 
of the ESA to recover sea turtles but has been criticized for lacking a 
comprehensive approach and ordered strategy for addressing incidental 
take in fisheries, which in many cases is not authorized under the ESA. 
As a more comprehensive step, NMFS developed a Strategy aimed at 
addressing the incidental capture of turtles in commercial and 
recreational fisheries (see ADDRESSES). The goals of the Strategy are 
to : (1) conserve and recover sea turtles, (2) authorize fishery takes 
consistent with ESA mandates, (3) increase effectiveness in management, 
and (4) prioritize fishery interaction concerns. Steps to achieve the 
goals include improving stock assessments and bycatch estimations, 
evaluating the significance of bycatch by gear type; and convening 
specialist groups to prepare plans for reducing take for gear types 
with significant take levels. NMFS is proposing to consider the 
environmental impacts of the Strategy through the National 
Environmental Policy Act (NEPA) process. Based on comments received 
through this notification, NMFS intends to schedule scoping meetings by 
December 2001 that would support preparation of an EIS.
    Numerous fisheries have been implicated in the incidental capture 
of marine turtles along the Atlantic and Gulf of Mexico coasts. Both 
state and federally managed fisheries are involved as are fisheries 
operating outside of any state or Federal management plan. Several 
states have already been addressing incidental take of sea turtles in 
various fisheries and gear types, including Florida, Georgia, South 
Carolina, North Carolina, Texas, and Virginia. However, data available 
on the magnitude of the problem varies by fishery and area. NMFS 
believes the issue is not so much a specific target fishery problem but 
a gear problem. Certain types of gear are more prone to incidentally 
capturing turtles than others, depending on the way the gear is fished 
and the time and area fished.
    NMFS is seeking input from the fishing industry, sea turtle 
experts, non-governmental organizations (NGOS), academia, state 
representatives, and the public on a gear-based assessment and 
management approach for the Atlantic and Gulf of Mexico fisheries and 
is requesting information on fisheries interactions with sea turtles as 
well as the identification of missing data and recommendations for 
further research. The purpose of this notice is to: (1) inform the 
interested public of the intent to prepare this EIS, and (2) request 
public participation and comments. Any consideration of gear 
modifications and/or changes to fishing practices in those fisheries of 
concern will be done through rulemaking or permitting according to the 
ESA or Magnuson-Stevens Fishery Conservation and Management Act and the 
Administrative Procedures Act.


[[Page 39475]]


    Dated: July 26, 2001.
Wanda Cain,
Acting Deputy Director, Office Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-19060 Filed 7-30-01; 8:45 am]
BILLING CODE 3510-22-S