[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Rules and Regulations]
[Pages 32898-32900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13210]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 040604170-4170-01; I.D. 060204D]
RIN 0648-AS42


Sea Turtle Conservation; Shrimp Trawling Requirements

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

ACTION: Temporary emergency rule.

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SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions 
on shrimp trawlers in offshore Atlantic waters west of 77[deg]57.5' W. 
long. (approximately Cape Fear, N.C.) and north of 30[deg] N. lat. 
(just north of St. Augustine, Fla.). Shrimp trawlers in this area are 
prohibited from fishing at night between 9 p.m. and 5 a.m. eastern 
daylight time (EDT). NMFS is taking this action because NMFS has 
determined that recent, unusually high increases in shrimping effort in 
this area, particularly very long tows made at night, are the cause of 
extraordinarily high mortality and strandings of sea turtles that are 
listed as endangered or threatened. This action is necessary to reduce 
mortality of listed sea turtles incidentally captured in shrimp trawls.

DATES: This action is effective from June 7, 2004 through July 7, 2004.

ADDRESSES: Assistant Regional Administrator for Protected Resources, 
NMFS Southeast Regional Office, 9721 Executive Center Drive North, 
Suite 102, St. Petersburg, FL 33702, 727-570-5312.
    For access to the docket to read background documents go to http://www.regulations.gov and/or the mailing address listed above.

FOR FURTHER INFORMATION CONTACT: Robert Hoffman (ph. 727-570-5312, fax 
727-570-5517, e-mail [email protected]), or 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 of 1973 
(ESA). The Kemp's ridley (Lepidochelys kempii), leatherback 
(Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) turtles 
are listed as endangered. The loggerhead (Caretta caretta) and green 
(Chelonia mydas) turtles are listed as threatened, except for breeding 
populations of green turtles in Florida and on the Pacific coast of 
Mexico, which are listed as endangered.
    Sea turtles are incidentally taken and killed as a result of 
numerous activities, including fishery trawling activities in the Gulf 
of Mexico and along the Atlantic seaboard. Under the ESA and its 
implementing regulations, taking sea turtles is prohibited, with 
exceptions identified in 50 CFR 223.206, or if in accordance with the 
terms and conditions of a biological opinion issued under section 7 of 
the ESA or an incidental take permit issued under section 10 of the 
ESA. The incidental taking of turtles during shrimp or summer flounder 
trawling is exempted from the taking prohibition of section 9 of the 
ESA if the conservation measures specified in the sea turtle 
conservation regulations (50 CFR 223) are followed. The regulations 
require most shrimp trawlers and summer flounder trawlers operating in 
the southeastern United States (Atlantic area, Gulf area, and summer 
flounder sea turtle protection area; see 50 CFR 223.206) to have a 
NMFS-approved TED installed in each net that is rigged for fishing to 
provide for the escape of sea turtles. TEDs currently approved by NMFS 
include single-grid hard TEDs and hooped hard TEDs conforming to a 
generic description, the flounder TED, and one type of soft TED the 
Parker soft TED (see 50 CFR 223.207).
    TEDs incorporate an escape opening, usually covered by a webbing 
flap, that allows sea turtles to escape from trawl nets. To be approved 
by NMFS, a TED design must be shown to be 97-percent effective in 
excluding sea turtles during testing based upon specific testing 
protocols (50 CFR 223.207(e)(1)). Approved hard TEDs are described in 
the regulations (50 CFR 223.207(a)) according to generic criteria based 
upon certain parameters of TED design, configuration, and installation, 
including height and width dimensions of the TED opening through which 
the turtles escape.

February 21, 2003, Amendments to the Sea Turtle Conservation 
Regulations

    On February 21, 2003, NMFS issued a final rule (68 FR 8456), 
amending the sea turtle conservation regulations to protect large 
loggerhead, green, and leatherback sea turtles. The February 2003 final 
rule requires that all shrimp trawlers fishing in the offshore waters 
of the southeastern United States (Atlantic area and Gulf area) and the 
inshore

[[Page 32899]]

waters of Georgia and South Carolina use either a double cover flap 
TED, a single-grid hard TED with a 71-inch (180-cm) opening, or a 
Parker soft TED with a 96-inch (244-cm) opening in each net rigged for 
fishing. In inshore waters, except those of Georgia and South Carolina, 
the rule allows the use of a single-grid hard TED with a 44-inch (112-
cm) opening, a Parker soft TED with a 56-inch (142-cm) opening, and a 
hooped hard TED with a 35-inch (89-cm) by 27-inch (69-cm) escape 
opening.
    Section 4(b)(7) of the Endangered Species Act (16 U.S.C. 
1533(b)(7)), provides for issuance of regulations, not subject to 
notice and comment, regarding emergencies posing a significant risk to 
the well-being of listed species. Such regulations may take effect 
immediately upon filing for public inspection in the Federal Register, 
and may be effective up to 240 days.

Recent Events

    NMFS has been notified by the Georgia Department of Natural 
Resources (GADNR) that extraordinarily high numbers of threatened and 
endangered sea turtles have stranded off the Georgia coast. From May 5, 
2004, through May 24, 2004, a total of 82 sea turtles have washed 
ashore along the Georgia coast (shrimp zones 30 and 31). By comparison, 
the 12-year average of stranded sea turtles in Georgia for this time 
period is about 18. Considering the fact that strandings are only a 
minimum estimate of actual mortality, these strandings represent a 
serious impact to local sea turtle populations.
    Information from GADNR and NOAA enforcement indicates that there is 
a high number of shrimp boats off Georgia for the current season. 
Georgia state waters are closed to shrimping, so the fishery is 
currently operating only in Federal waters, targeting high-value, large 
white shrimp. These sources also indicate there are a large number of 
very large, powerful shrimp vessels from North Florida and Gulf states 
(estimated at 25-30 boats) that are participating in the fishery. These 
boats are generally capable of fishing a greater number of larger nets 
at higher speeds than the local boats. Although white shrimp are 
generally only caught during the day, these large vessels have been 
observed to be fishing 24-hours-a-day and using long tow times (up to 
12 hours in some cases). Local fishermen fish mostly in the day to 
target white shrimp using tow times of two to four hours. The 24-hour 
fishing, in conjunction with long tow times, represents a significant 
increase in effort in this area. An aerial survey to monitor shrimping 
effort on May 21 found that most of the large trawlers were 
concentrated in the southern part of the state, in the area of highest 
strandings.
    NMFS believes that the increased shrimping effort, particularly the 
switch to nighttime fishing and very long tow-times, is responsible for 
the sharp increase in turtle mortality and strandings along the Georgia 
coast.

Analysis of Other Factors

    NMFS has analyzed other factors that might have contributed to the 
turtle strandings, including environmental conditions, and no possible 
causes other than shrimp trawling have been identified. A single vessel 
fishing for sharks using drift gillnets a fishing method that is known 
to capture and kill sea turtles has been operating in Federal waters in 
the Florida-Georgia border area in the past month. A NMFS observer has 
been aboard that vessel for every trip since May 12, however, and no 
sea turtle interactions have been observed. There is no evidence of a 
red tide or other harmful plankton bloom event or any major disease 
factor. The condition of the stranded turtles has indicated that they 
were generally healthy and actively foraging prior to their deaths, 
which is consistent with strandings resulting from shrimp trawling. The 
carcasses have primarily been coming ashore in the vicinity of areas 
where shrimping effort has been concentrated. NMFS and state personnel 
will continue to investigate factors other than shrimping that may 
contribute to sea turtle mortality in the area, including other 
fisheries and environmental factors.

Restrictions on Fishing for Shrimp Trawlers

    Pursuant to 16 U.S.C. 1533(b)(7), NMFS has determined that the 
unusually high recent numbers of strandings and mortalities of sea 
turtles off the coast of Georgia constitute a significant risk to the 
well-being of listed species of sea turtles. NMFS has determined that 
this temporary emergency rule prohibiting shrimp trawl fishing during 
night time hours is necessary to alleviate the increased shrimping 
effort in the area that has been determined to be the cause of the 
recent increase in strandings. NMFS has determined that this emergency 
prohibition on night time shrimp trawl fishing is necessary in an area 
larger than the current hot-spot of strandings, to prevent fishing 
practices that are harmful to sea turtles from simply relocating to 
other areas in the South Atlantic. Specifically, this rule prohibits 
shrimp trawling in the area in offshore Atlantic waters west of 
77[deg]57.5' W. longitude (approximately Cape Fear, N.C.) and north of 
30[deg] N. latitude (just north of St. Augustine, Fla.) between 9 p.m. 
and 5 a.m. EDT. This restriction is effective from June 7, 2004 through 
11:59 p.m. (local time) July 7, 2004. NMFS is restricting this 
emergency rule to a 30-day period because the vessels responsible for 
the unusual increase in effort off the Georgia coast typically target 
their fishing efforts in Gulf of Mexico waters beginning in late June 
to early July.
    This restriction has been announced on the NOAA weather channel, in 
newspapers, and other media. Shrimp trawl fishermen may also call 
(727)570-5312 for updated information on shrimping restrictions.
    NMFS will continue to monitor sea turtle strandings to gauge the 
effectiveness of these emergency measures.

Classification

    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    NMFS has determined that this action is necessary to respond to an 
emergency situation to provide adequate protection for threatened and 
endangered sea turtles pursuant to the ESA and other applicable law. 
This temporary rule is being promulgated under 16 U.S.C. 1533(b)(7), 
and includes a detailed statement of the reasons why such regulation is 
necessary, as required by that section. Therefore, the requirements of 
5 U.S.C. 553 are inapplicable.
    As prior notice and an opportunity for public comment are not 
required to be provided for this rule pursuant to 16 U.S.C. 1533(b)(7), 
the analytical requirements of 5 U.S.C. 601 et seq., are inapplicable.
    As required by 16 U.S.C. 1533(b)(7), NMFS has consulted with the 
marine fisheries officials in Florida, Georgia, South Carolina, and 
North Carolina on this emergency action. The required nighttime closure 
will be complementary to existing nighttime closures of state waters in 
Georgia, South Carolina, and North Carolina, in that there will be a 
closure; however, the times of the closure in Federal waters are not 
exactly the same as the times for the closure in state waters.
    NMFS has prepared an Environmental Assessment (EA) for this action. 
Copies of the EA are available (see ADDRESSES).


[[Page 32900]]


    Dated: June 7, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries.
[FR Doc. 04-13210 Filed 6-7-04; 4:50 pm]
BILLING CODE 3510-22-S