[Federal Register Volume 68, Number 80 (Friday, April 25, 2003)]
[Notices]
[Pages 20376-20377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10283]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.041403I]


Endangered and Threatened Wildlife; Sea Turtle Conservation 
Requirements

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

ACTION: Notice of Issuance of permit.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that shrimp fishermen in the Gulf and 
Atlantic Areas have been issued a permit to use Turtle Excluder Devices 
(TEDs) in accordance with allowable configurations under a final rule 
amending the TED regulations February 21, 2003, prior to the final rule 
taking effect. The permit allows fishermen to use the new TEDs to 
maximize shrimp retention and eliminate operational difficulties and 
facilitates fishermen's transition to the new TED configurations.

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment in the following office:
    Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702-2432; phone (727)570-5301; fax (727)570-5320.

FOR FURTHER INFORMATION CONTACT: David Bernhart 
([email protected]) or Robert Hoffman ([email protected]), 
(727)570-5312.

SUPPLEMENTARY INFORMATION: On February 21, 2003, NMFS published a final 
rule (68 FR 8456) amending the TED regulations affecting shrimp trawl 
fishermen. The final rule takes effect April 15, 2003, in the Atlantic 
Area and August 21, 2003, in the Gulf Area. The primary element of the 
final rule is the requirement for fishermen to modify the openings of 
their TEDs to allow the escape of large sea turtles.
    On March 14, 2003, the NMFS Southeast Region, received an 
application for a permit from Mr. Noah Saunders, Jr., on behalf of 
shrimp trawl fishermen in the Gulf and South Atlantic. The request was 
for fishermen to be allowed to use the gear configurations specified in 
the final rule

[[Page 20377]]

amending the TED regulations, during the transition period before the 
final rule takes effect. NMFS, Southeast Region accepted the request as 
an application under 50 CFR 223.207(e)(2), which provides that NMFS may 
issue permits, subject to such conditions and restrictions as NMFS 
deems appropriate, authorizing public or private experimentation aimed 
at improving shrimp retention efficiency of existing approved TEDs and 
at developing additional TEDs. The authority to issue such permits has 
been delegated to the NMFS Southeast Regional Administrator.
    The TED configurations that will be required when the final rule 
takes effect generally match or exceed the current regulatory standards 
for TEDs. Thus, fishermen who transition to the new TED configurations, 
in advance of the rule taking effect, would be in compliance with both 
the current and future regulatory requirements. The final rule does 
lift two restrictions on TED configurations under the current 
regulations. Specifically: (a) currently, accelerator funnels may not 
be used with the double cover TED. Under the final rule, double cover 
offshore TEDs may be used with an accelerator funnel. The inside 
horizontal opening of the funnel must be at least 71 inches ( 180 cm) 
in offshore waters and in the inshore waters of Georgia and South 
Carolina and at least 44 inches (112 cm) in all other inshore waters; 
and (b)currently, webbing flaps on bottom-opening TEDs in the Shrimp 
Fishery-Sea Turtle Conservation Areas (SFSTCAs) must be shortened to 
extend no further than the posterior edge of the TED grid. Under the 
final rule, the 71-inch (180 cm) offshore TED may be used with a 
webbing flap extending up to 24 inches (61 cm) behind the posterior 
edge of the grid on top- and bottom-opening TEDs, in all waters, 
including the Shrimp Fishery-Sea Turtle Conservation Areas (SFSTCAs).
    Because the final rule did not contain any special provisions for 
the transition period between its publication and effective dates, the 
specific changes in the final rule that are more permissive than the 
current TED requirements are technically not approved changes until the 
final rule takes effect. NMFS, in issuing the final rule however, 
determined that the newly required 71-inch (180 cm) and double cover 
offshore TEDs are far more effective than the TEDs approved under the 
current regulations and that the new TEDs can be used effectively with 
these changes. Mr. Saunders' permit application requested that 
fishermen be allowed to use TED configurations, consistent with the 
final rule and including these more permissive changes, prior to the 
final rule taking effect.

Permit Issuance

    On March 26, 2003, the Southeast Regional Administrator, NMFS, 
issued the requested permit, pursuant to 50 CFR 223.207(e)(2). Issuance 
of the permit is necessary to encourage the early transition by shrimp 
fishermen to the use of more effective TEDs, furthering NMFS' goal of 
sea turtle conservation. The newly required TEDs are more effective at 
releasing sea turtles than those currently required. The use of a 
funnel with the double cover offshore TED and a long flap with the 71-
inch (180 cm) offshore TED have already been determined by NMFS to be 
effective modifications that may enhance shrimp retention on these 
highly effective TEDs. This permit will remove regulatory barriers to 
fishermen's transition to the newly required TEDs and will allow them 
to experiment with gear configurations to maximize their shrimp 
retention, prior to the final rule coming into effect.

    Dated: April 21, 2003.
Laurie K. Allen,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-10283 Filed 4-24-03; 8:45 am]
BILLING CODE 3510-22-P