[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Pages 30627-30631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12169]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 043004B]


Sea Turtle Conservation; Activities Related to Fishing

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
availability of a draft information framework and draft criteria for 
evaluating gear with regard to the Strategy for Sea Turtle Conservation 
and Recovery in Relation to Atlantic Ocean and Gulf of Mexico Fisheries 
(Strategy). The Strategy is a plan to analyze sea turtle bycatch across 
gear types because certain types of gear are more prone to capturing 
turtles than others, depending on the way the gear is fished and the 
time and area within which it is fished. The information framework and 
evaluation criteria will lay the foundation for actions under the 
Strategy and the development of conservation measures.

DATES: Written comments on the information framework and evaluation 
criteria provided within this notice, or other information that NMFS 
should consider, are requested on or before June 28, 2004.

ADDRESSES: Comments 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 on this notice may be submitted by e-mail. The mailbox 
address for providing e-mail comments on this action is 
[email protected] Include in the subject line of the e-mail comment 
the following document identifier: 043004. Comments sent via e-mail, 
including all attachments, must not exceed a 10-megabyte file size. 
References used in this document may be obtained by

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writing to this address or by telephoning the contact listed here (See 
FOR FURTHER INFORMATION CONTACT).

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), olive ridley (Lepidochelys 
olivacea) and green (Chelonia mydas) turtles are listed as threatened, 
except for Mexican breeding olive ridleys and 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.
    On July 31, 2001, NMFS announced 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 
as specified under the Strategy (66 FR 39474). NMFS received 10 
comments on the Strategy.
    Most commenters expressed support for the Strategy and asked to be 
included in the process. They felt that a gear-based approach to 
reducing sea turtle interactions in fisheries would address the issue 
of cumulative impacts resulting from various fisheries. However, four 
main areas of concern were expressed and are responded to below.
    Comment 1: Several commenters felt the Strategy should include the 
Pacific and Caribbean fisheries.
    Response: NMFS agrees that sea turtle interactions with fisheries 
in these regions are also of significant concern. However, given 
limited staff and funding resources, NMFS felt that focusing on the 
diverse fisheries operating in the Atlantic and Gulf of Mexico area was 
an appropriate first step to evaluating the efficacy of a gear-based 
approach. NMFS also felt that many of the priority fisheries in the 
Pacific, such as longline and drift gillnets, were being addressed 
through the ESA and Magnuson Stevens Fishery and Conservation Act 
(Magnuson-Stevens Act) regulations (66 FR 44549, August 24, 2001; 68 FR 
69962, December 16, 2003; 69 FR 11540, March 11, 2004; 69 FR 17329, 
April 2, 2004). In addition, the State of Hawaii developed a 
conservation plan and submitted an application for an ESA section 
10(a)(1)(B) incidental take permit that will address sea turtle 
interactions in their managed fisheries (67 FR 31172, May 9, 2002).
    NMFS will continue to use its authority to address interactions 
with sea turtles in the Pacific and Carribean fisheries not identified 
in the Strategy.
    Comment 2: Several commenters felt that non-fishery impacts should 
be evaluated and included in the Strategy or similar strategies should 
be prepared for these threats.
    Response: NMFS attempts to consider all of the impacts to sea 
turtles cumulatively and to reduce threats from all known sources. 
Threats from non-fishery sources are identified in the joint NMFS and 
U.S. Fish and Wildlife Service (USFWS) ESA recovery plans completed for 
listed sea turtles occurring in the Atlantic and Gulf of Mexico. These 
recovery plans describe threats from all sources and prioritize 
conservation measures to remove or reduce such threats. As such, NMFS 
and USFWS work with other Federal agencies, states, private individuals 
and other entities to minimize the impacts to sea turtles from non-
fishery activities (e.g., nesting habitat degradation, marine debris, 
dredging, power plant impingement). Nevertheless, fishing activities 
have been recognized as one of the most significant threats to sea 
turtle survival (Magnuson et al., 1990, Turtle Expert Working Group 
2000). To respond to these threats, NMFS necessarily limited the 
Strategy to a comprehensive evaluation of the impacts of fishing gear 
types on sea turtles throughout the U.S. Atlantic Ocean and Gulf of 
Mexico.
    Comment 3: Several commenters identified fishery actions that 
should be considered as a priority under the Strategy. These actions 
included implementing larger Turtle Excluder Devices (TEDs) in trawl 
fisheries, restricting leaders in the Chesapeake Bay pound net fishery, 
prohibiting large mesh gillnets and placing observers on Mid-Atlantic 
gillnet fisheries, and considering fishery closures to adequately 
address incidental take of sea turtles.
    Response: NMFS has addressed several of the high priority fisheries 
identified. In 2003, NMFS issued a rule requiring larger TEDs in shrimp 
trawls(68 FR 8456) and a rule prohibiting gillnets greater than 8-
inch(20.32-cm) stretched mesh in the Mid-Atlantic (67 FR 71895). In 
2002, NMFS issued rules prohibiting the use of gillnets with a 
stretched mesh greater than 4.25 inches (10.80 cm) in Pamlico Sound (67 
FR 56913) and prohibiting pound net leaders with mesh size greater than 
12-inches (30.48-cm) stretched mesh and stringers in the Chesapeake Bay 
(67 FR 41196). In addition, NMFS has an active program for observing 
mid-Atlantic gillnets with approximately 800 sea-days conducted each 
year.
    Comment 4: Several commenters expressed concern that the notice of 
intent to prepare an EIS lacked specific information on what actions 
were being proposed.
    Response: NMFS agrees that the 2001 notice of intent to prepare an 
EIS (66 FR 39474) lacked specific information on what actions may be 
proposed. The 2001 notice was to provide the public with an opportunity 
to comment on the Strategy and to alert them that an EIS would be 
prepared for any decision making with regard to proposed actions to 
reduce sea turtle interactions in fisheries. In order to begin 
identifying various alternatives to be considered through an EIS, NMFS 
must gather and evaluate comprehensive information on gear types, 
fisheries practices, sea turtle bycatch, and existing management 
regulations. To that end, NMFS has prepared a draft information 
framework relevant to the Strategy and developed draft criteria for 
evaluating gear types under the Strategy.
    Draft information framework and draft criteria for evaluating gear 
and fisheries
    The purpose of this notice is to alert the interested public of the 
continuation of the Strategy scoping process and to allow the public an 
opportunity to review and comment on the information framework (Tables 
1 and 2) and evaluation criteria. These three tables are designed to 
complement each other and provide the framework for a comprehensive 
evaluation of recreational and commercial fisheries in the Atlantic 
Ocean and Gulf of Mexico and their effects on sea turtles. NMFS is 
taking a stepped approach to implementing the Strategy, beginning with 
compiling and organizing information to characterize fisheries and sea 
turtle bycatch across gear types.
    Table 1 provides a comprehensive list of gears used in the Atlantic 
Ocean and Gulf of Mexico in both state and Federal waters and 
commercial and recreational fisheries. Gear types are provided at the 
category, gear, and sub-gear levels to

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provide refinement in determining gear interactions with sea turtles. 
NMFS recognizes that gear may be more or less likely to interact with 
sea turtles depending on the way it is fished and the target species, 
so information on gear will be organized and evaluated at the most 
detailed level possible. When making comments on Table 1, please 
consider the following questions: Are all gear types used in the 
Atlantic Ocean and Gulf of Mexico represented in this table? Is this 
the best way to represent the gear categories? Would another approach 
be better?

                Table 1 - List of gears used in the Atlantic Ocean and Gulf of Mexico Fisheries.
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                   Category                                Gear                            Sub-Gear
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Trawls.......................................                  Beam Trawls                    Beam Trawls, Fish
                                               ............................        Beam Trawls, Other - Shrimp,
                                                                                                     chopsticks
                                                              Otter Trawls             Otter Trawl Bottom, Crab
                                               ............................            Otter Trawl Bottom, Fish
                                               ............................                Otter Trawl Bottom, Lobster
                                               ............................         Otter Trawl Bottom, Scallop
                                               ............................          Otter Trawl Bottom, Shrimp
                                               ............................           Otter Trawl Bottom, Other
                                               ............................  Otter Trawl Midwater Butterfly Nets
                                                              Other Trawls                  Trawl, Clam Kicking
                                               ............................              Trawl Midwater, Paired
                                               ............................                Trawl Bottom, Paired
                                               ............................                       Trawl, Roller
                                               ............................                 Trawl, Roller Frame
                                               ............................                      Trawl, Skimmer
                                               ............................                      Scottish Seine
                                               ............................                      Butterfly Nets
                                               ............................                        Danish Seine
                                               ............................                        Whelk Trawls
                                               ............................                    Jellyfish Trawls
                                               ............................                             Fly Net
Seines.......................................                  Haul Seines   ...................................
                                                              Other Seines                           Stop Seine
                                               ............................                        Common Seine
                                               ............................                         Swipe Seine
                                               ............................                                    Long Haul Seine
Purse Seines.................................                  Purse Seine                    Purse Seine, Tarp
                                                                          Lam...................................
Gillnets.....................................                     Gillnets             Gillnets, Floating Drift
                                               ............................                Gillnets, Sink Drift
                                               ............................           Gillnets, Floating Anchor
                                               ............................               Gillnets, Sink Anchor
                                               ............................                 Gillnets, Runaround
                                               ............................                     Gillnets, Stake
                                               ............................                     Gillnets, other
                                                              Trammel Nets         Trammel Nets, Floating Drift
                                               ............................            Trammel Nets, Sink Drift
                                               ............................       Trammel Nets, Floating Anchor
                                               ............................           Trammel Nets, Sink Anchor
                                               ............................             Trammel Nets, Runaround
                                               ............................                 Trammel Nets, Other
Pots and Traps...............................               Pots and Traps                Pots and Traps, Conch
                                               ............................           Pots and Traps, Blue Crab
                                               ............................        Pots and Traps, Crab, Peeler
                                               ............................            Pots and Traps, Crayfish
                                               ............................                 Pots and Traps, Eel
                                               ............................                Pots and Traps, Fish
                                               ............................              Pots and Traps, Spiny Lobster
                                               ............................             Pots and Traps, Octopus
                                               ............................       Pots and Traps, Periwinkle or
                                                                                                         Conkle
                                               ............................              Pots and Traps, Shrimp
                                               ............................              Pots and Traps, Turtle
                                               ............................          Pots and Traps, Stone Crab
                                               ............................                Pots and Traps, Scup
                                               ............................      Pots and Traps, Black Sea Bass
                                               ............................           Pots and Traps, Reef Fish
                                               ............................             Pots and Traps, Hagfish
                                               ............................         Pots and Traps, Golden Crab
                                               ............................              Pots and Traps, Puffer
                                                            Pots & Traps, Lobster              Pots and Traps, Lobster Inshore
                                               ............................                    Pots and Traps, Lobster Offshore
                                               ............................                    Pots and Traps, Lobster Double
                                                                                                         Parlor
                                                       Pots & Traps, Other                   Pots, Unclassified

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                                               ............................                           Box Traps
                                               ............................                        Wire Baskets
                                               ............................               Slat Traps (Virginia)
Dredge.......................................                       Dredge              Dredge, Hydraulic, Clam
                                               ............................   Dredge, Hydraulic Escalator, Clam
                                               ............................                        Dredge, Clam
                                               ............................    Dredge, New Bedford/ Sea Scallop
                                               ............................                       Dredge, Digby
                                               ............................                 Dredge, inshore/bay
                                               ............................                      Dredge, Oyster
Fixed Nets...................................                   Pound Nets   ...................................
                                                                 Fyke Nets   ...................................
                                                         Fixed Nets, Other                                Weirs
                                               ............................                           Trap Nets
                                               ............................            Floating Traps (Shallow)
                                               ............................                            Bag Nets
                                               ............................                        Channel Nets
                                               ............................                           Stop Nets
Hand Nets....................................                     Dip Nets                            Cast Nets
                                               ............................                          Bully Nets
                                               ............................                              Snares
Longlines....................................                             Longlines                            Longlines, Vertical
                                               ............................                                    Longlines, Surface
                                               ............................                                    Longlines, Bottom
                                               ............................                                    Longlines, Surface, Midwater
                                               ............................                                    Longlines, Trot
                                               ............................                                    Longlines, Turtle Hooks
                                               ............................                                    Longlines, Drift with Hooks
Hook and Line................................                    Hook and Line                        Hook and Line, Manual
                                               ............................                           Hook and Line, Electric
                                               ............................    Electric/Hydraulic, Bandit Reels
                                                                    Troll Lines                          Troll Line, Manual
                                               ............................                              Troll Line, Electric
                                               ............................                              Troll Line, Hydraulic
Hand Line....................................                        Hand Line                  Troll and Hand Lines
                                               ............................                               Hand Lines, Auto Jig
Rakes, Hoes, and Tongs.......................  ............................  ...................................
Spears and Gigs..............................  ............................  ...................................
By Hand......................................  ............................  ...................................
Other Gears..................................                  Other Gears                     Unspecified Gear
                                               ............................                      Combined Gears
                                               ............................                            Chemical
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    Table 2 is a fisheries characterization, bycatch, and regulations 
information framework and outlines the type of information that will be 
compiled at the sub-gear level or gear level for each gear type used in 
each fishery. This approach will aid in evaluating the impact of 
fisheries, by gear types, on sea turtles. When commenting on Table 2, 
please consider the following questions: Is there additional 
information that should be considered to better understand gear 
interactions with sea turtles? Is this list too detailed and, if so, 
what should be deleted and why? Is evaluating impacts across gear types 
the best way to analyze bycatch impacts on sea turtles?

                                  Table 2 - Fisheries characterization, bycatch, and regulations information framework
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                          Category                                                                   Information
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Fishery characterization (across gear types)...............                                 Is this gear type used in state or Federal waters, or both?
                                                                                                          What is the geographic scope of this fishery?
                                                                          Is there a management plan in place? What is the name of the management plan?
                                                                               Are there permit requirements in this fishery and, if so, what are they?
                                                                                          How many people hold a permit to participate in this fishery?
                                                                                                        How many permitted vessels are in this fishery?
                                                                                                           How many active vessels are in this fishery?
                                                                 What is the level of this gear use by vessels in this fishery (e.g., number of pots or
                                                                                                                                           pound nets)?
                                                                                                                 What are the landings in this fishery?
                                                                                                       Which areas have the highest levels of landings?
                                                                   What is the effort in this fishery (e.g., days at sea or number of trips per month)?
                                                                                                                   Which areas have the highest effort?
                                                                                                      When does this fishery occur, i.e., time of year?
                                                                                                    What is the peak season or months for this fishery?

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                                                                                     Is there a particular time of day that this fishery is prosecuted?
                                                             How is the gear used in fishing (e.g., the range and average soak times, the depth the net
                                                                                                                                   is set for fishing)?
                                                                          What are the specifics of the gear used in this fishery (e.g., mesh size, pot
                                                                                                                                        configuration)?
Bycatch....................................................              Has this gear type, within this fishery, been observed for sea turtle bycatch?
                                                             How many trips have been observed (e.g., what percentage of the total number of trips have
                                                                                                                                        been observed)?
                                                                   During which seasons or months and years have vessels in this fishery been observed?
                                                                                                                Has sea turtle bycatch been documented?
                                                                                                                                 If yes, which species?
                                                                 What are the observed lethal and non-lethal takes by season/month and year of observer
                                                                                                                                              coverage?
                                                                    Is there an estimation of lethal and non-lethal takes for this fishery? What is the
                                                                                                            coefficient of variation of the estimation?
Regulations................................................   Are there regulations under the Endangered Species Act for sea turtles that apply to this
                                                                                                                                               fishery?
                                                                Are there regulations under the Marine Mammal Protection Act that apply to this fishery
                                                                                                                           that may affect sea turtles?
                                                               Are there regulations under the Magnuson-Stevens Act that apply to this fishery that may
                                                                                                                                    affect sea turtles?
                                                                    Are there state regulations that apply to this fishery that may affect sea turtles?
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    The following lists criteria for evaluating gear types based upon 
documented or expected impact to sea turtles. These criteria will be 
applied to the information collected in table 2 to evaluate which 
fisheries or gear are of greatest concern and need to be considered 
first in actions under the Strategy. When commenting on the criteria 
list, please consider the following questions: Are the criteria 
appropriate for evaluating gear types relative to sea turtle bycatch? 
Would another approach be better? Are the criteria clear and objective? 
What other information should be added to improve this evaluation 
criteria?

Criteria for evaluating gear types

Characteristics of gear types that would be considered first priority 
relative to evaluating sea turtle bycatch:
    Widespread use of gear in areas with sea turtles
    Known/documented gear interactions with sea turtles are 
frequent
    Expected gear interactions with sea turtles are frequent
    Known/documented rate of sea turtle mortalities from gear 
interactions are high
    Expected rate of sea turtle mortalities from gear 
interactions are high
    Lack of effective management measures that benefit sea 
turtles
Characteristics of gear types that would be considered second priority 
relative to evaluating sea turtle bycatch:
    Moderate use of gear in areas with sea turtles
    Known/documented gear interactions with sea turtles are 
moderate in frequency
    Expected gear interactions with sea turtles are moderate in 
frequency
    Known/documented rate of sea turtle mortalities from gear 
interactions are moderate
    Expected rate of sea turtle mortalities from gear 
interactions are moderate
    Lack of effective management measures for sea turtles
Characteristics of gear types that would be considered third priority 
relative to evaluating sea turtle bycatch:
    Minimal use of gear in areas with sea turtles
    Known/documented gear interactions with sea turtles are 
rare
    Expected gear interactions with sea turtles are rare
    Known/documented rate of sea turtle mortalities from gear 
interactions are low
    Expected rate of sea turtle mortalities from gear 
interactions are low
    Effective management measures for sea turtles are in place
    NMFS is continuing to seek input from the fishing industry, sea 
turtle experts, non-governmental organizations, academia, state 
representatives, and the public on a strategic approach to evaluate and 
reduce sea turtle interactions in the Atlantic Ocean and Gulf of Mexico 
fisheries. NMFS is requesting comments on the draft information 
framework and draft evaluation criteria and is seeking recommendations 
for additional analysis. Public involvement is critical to the 
successful implementation of the Strategy goals and will be sought in 
the development of conservation measures. Public meetings will be 
announced in a subsequent Federal Register notice and draft documents 
will be made available to the public for comment.

    Dated: May 21, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-12169 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-22-S