[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Rules and Regulations]
[Pages 67495-67496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31976]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No.010607150-1264-02; 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: Final rule.

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SUMMARY: NMFS is amending the sea turtle handling and resuscitation 
regulation. Recent scientific and technical information indicates 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: This rule is effective December 31, 2001.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT: Therese A. Conant (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).
    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. 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.
    NMFS published a proposed rule (66 FR 32787, June 18, 2001) 
requesting comment on the following proposed changes: 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; add carapace movement and a 
reflex test to the resuscitation methods; and add several minor changes 
to clarify the guidance for keeping a turtle moist. No comments were 
received. The proposed changes are adopted as final.

Classification

    The AA has determined that this final 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. The proposed rule was determined to be a 
Categorical Exclusion under the National Environmental Policy Act since 
the changes did not constitute a new action and individually or 
cumulatively have a significant impact on the quality of the human 
environment.
    A memorandum was prepared for the Chief Counsel for Regulation of 
the Department of Commerce who certified to the Chief Counsel for 
Advocacy of the Small Business Administration stating that the proposed 
rule would not have significant economic impact on a substantial number 
of small entities. None of the changes will result in additional 
economic effects, since NMFS already requires fishermen and scientific 
researchers to safely handle and attempt resuscitation on sea turtles 
as necessary. The changes are limited to protocols for monitoring the 
turtle and make minor changes to the treatment that would require no 
additional material beyond what is already generally available onboard 
a vessel (e.g. elevating the sea turtles' hindquarters can be done with 
a tackle box or bumper). No comments were received regarding this 
certification. Thus, the

[[Page 67496]]

factual basis for the certification has not changed. As such, a final 
regulatory flexibility analysis is not required, and none has been 
prepared.
    This final rule does not contain a collection-of-information 
requirement subject to the Paperwork Reduction Act.
    This final rule does not contain policies with federalism 
implications as that term is defined in Executive Order 13132.

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: December 20, 2001.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 223 and 224 
are 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.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) Sea 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 paragraph (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  Special requirements for fishing activities to protect 
endangered sea turtles.

* * * * *
    (d) Special handling and resuscitation requirements are specified 
at Sec. 223.206 (d)(1).
[FR Doc. 01-31976 Filed 12-28-01; 8:45 am]
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