[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Proposed Rules]
[Pages 37050-37052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

RIN 0648-XA465


Intent To Prepare an Environmental Impact Statement for Sea 
Turtle Conservation and Recovery Actions and To Conduct Public Scoping 
Meetings

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

ACTION: Intent to prepare an environmental impact statement and conduct 
public scoping meetings.

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SUMMARY: NMFS intends to prepare an environmental impact statement 
(EIS) and to conduct public scoping meetings to comply with the 
National Environmental Policy Act (NEPA) by assessing potential impacts 
resulting from the proposed implementation of new sea turtle regulatory 
requirements in the shrimp fishery of the southeastern United States. 
These requirements are proposed to protect threatened and endangered 
sea turtles in the western Atlantic Ocean and Gulf of Mexico from 
incidental capture, and would be implemented under the Endangered 
Species Act (ESA).

DATES: The public scoping period starts June 24, 2011 and will continue 
until August 23, 2011. NMFS will consider all written comments received 
or postmarked by August 8, 2011, in defining the scope of the EIS. 
Comments received or postmarked after that date will be considered to 
the extent practicable. Verbal comments will be accepted at the NMFS 
scoping meetings as specified below.

ADDRESSES: NMFS will hold five public scoping meetings to provide the 
public with an opportunity to present verbal comments on the scope of 
the EIS and to learn more about the proposed action from NMFS 
officials. The locations and times for the scoping meetings are listed 
in the SUPPLEMENTARY INFORMATION section of this document.
    In addition to the five scoping meetings, NMFS will also submit a 
scoping document to the Gulf of Mexico and South Atlantic Fishery 
Management Councils, and the Atlantic and Gulf States Marine Fisheries 
Commissions.
    Written comments on the scope of the EIS should be sent 
electronically via e-mail to [email protected], or physically 
via U.S. mail to Michael Barnette, Southeast Regional Office, Protected 
Resources Division, 263 13th Ave., South, St. Petersburg, FL 33701-
5505. Additional information, including a scoping document, can be 
found at: http://www.nmfs.noaa.gov/pr/species/turtles/regulations.htm. 
All comments, whether offered verbally in person at the scoping 
meetings or in writing as described above, will be considered.

FOR FURTHER INFORMATION CONTACT: Michael Barnette, NMFS, Southeast 
Regional Office, at the address above, or at (727) 824-5312.

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the ESA. The Kemp's ridley (Lepidochelys 
kempii), leatherback (Dermochelys coriacea), and hawksbill 
(Eretmochelys imbricata) are listed as endangered. Loggerhead

[[Page 37051]]

(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 some are killed, as a 
result of numerous activities, including fishery-related trawling 
activities in the Gulf of Mexico and along the Atlantic seaboard. Under 
the ESA and its implementing regulations, the taking of sea turtles is 
prohibited, with exceptions identified in 50 CFR 223.206(d), or 
according to the terms and conditions of a biological opinion issued 
under section 7 of the ESA, or according to an incidental take permit 
issued under section 10 of the ESA. The incidental taking of turtles 
during shrimp 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 223.205) are followed. The 
regulations require most vessels defined as ``shrimp trawlers'' (50 CFR 
222.102) operating in the southeastern United States (Atlantic or Gulf 
area, see 50 CFR 223.206) to have a NMFS-approved turtle excluder 
device (TED) installed in each net that is rigged for fishing to allow 
sea turtles to escape. TEDs incorporate an escape opening, usually 
covered by a webbing flap, which allows sea turtles to escape from 
trawl nets. TEDs currently approved by NMFS include single-grid hard 
TEDs and hooped hard TEDs conforming to a generic description, and one 
type of soft TED--the Parker soft TED (see 50 CFR 223.207). Most 
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. The 
regulations also describe additional hard TEDs' specific requirements. 
Skimmer trawls, pusher-head trawls, and wing nets (butterfly trawls), 
however, may employ alternative tow time restrictions in lieu of TEDs, 
pursuant to 50 CFR 223.206(d)(2)(ii)(A). The alternative tow time 
restrictions limit tow times to 55 minutes from April 1 through October 
31, and 75 minutes from November 1 through March 31.
    To be approved by NMFS, a TED design must be shown to be 97 percent 
effective in excluding sea turtles during testing based upon NMFS-
approved scientific testing protocols (50 CFR 223.207(e)(1)). NMFS-
approved testing protocols established to date include the ``small 
turtle test'' (55 FR 41092, October 9, 1990) and the ``wild turtle 
test'' (52 FR 24244, June 29, 1987). Additionally, NMFS has established 
a leatherback model testing protocol to evaluate a candidate TED's 
ability to exclude adult leatherback sea turtles (66 FR 24287, May 14, 
2001). Because testing with live leatherbacks is impossible, NMFS 
obtained the carapace measurements of 15 nesting female leatherback 
turtles and used these data to construct an aluminum pipe-frame model 
of a leatherback turtle measuring 40 inches (101.6 cm) in width, 60 
inches (152.4 cm) in length, and 21 inches (53.3 cm) in height. If the 
leatherback model and a diver with full scuba gear are able to pass 
through the escape opening of a candidate TED, that escape opening is 
judged to be capable of excluding adult leatherback sea turtles, as 
well as other large adult sea turtles.

Purpose of This Action

    The National Environmental Policy Act (NEPA) requires Federal 
agencies to conduct an environmental analysis of their proposed actions 
to determine if the actions may significantly affect the quality of the 
human environment. NMFS is considering a variety of regulatory measures 
to reduce the bycatch of threatened and endangered sea turtles in the 
shrimp fishery of the southeastern United States in light of new 
concerns regarding the effectiveness of existing TED regulations in 
protecting sea turtles. This EIS will provide background information 
and specifically evaluate the alternatives and impacts associated with 
any considered management alternative. This rulemaking would be 
implemented pursuant to the ESA. NMFS is seeking public input on the 
scope of the required NEPA analysis, including the range of reasonable 
alternatives, associated significant impacts of any alternatives, and 
suitable mitigation measures.

Scope of the Action

    The draft EIS is expected to identify and evaluate the relevant 
significant impacts and issues associated with implementing new sea 
turtle regulations for the shrimp fishery of the southeastern United 
States, in accordance with the Council on Environmental Quality's 
Regulations at 40 CFR parts 1500-1508 and NOAA's procedures for 
implementing NEPA found in NOAA Administrative Order (NAO) 216-6, dated 
May 20, 1999.

Alternatives

    NMFS will evaluate a range of reasonable alternatives in the draft 
EIS to reduce sea turtle bycatch and mortality in the shrimp fishery of 
the southeastern United States. In addition to evaluating the status 
quo, NMFS will evaluate several other alternatives. These alternatives 
include but are not necessarily limited to: Requiring all skimmer 
trawls, pusher-head trawls, and wing nets (butterfly trawls) in both 
the Atlantic and Gulf areas to use TEDs; requiring all skimmer trawls, 
pusher-head trawls, and wing nets (butterfly trawls) in just the Gulf 
area to use TEDs; and time and area closures affecting all shrimp 
vessels. Potential new TED requirements would apply to vessels fishing 
in both state and Federal waters.

Public Comments

    NMFS provides this notice to advise the public and other agencies 
of NMFS's intentions and to obtain suggestions and information on the 
scope of the significant issues to include in the EIS. Comments and 
suggestions are invited from all interested parties to ensure that the 
full range of issues related to this proposed action and all 
substantive issues are identified. NMFS requests that comments be as 
specific as possible. In particular, the agency requests information 
regarding the potential direct, indirect, and cumulative impacts on the 
human environment from the proposed action. The human environment is 
defined as ``* * * the natural and physical environment and the 
relationship of people with that environment'' (40 CFR 1508.14). In the 
context of the EIS, the human environment could include air quality, 
water quality, underwater noise levels, socioeconomic resources, 
fisheries, and environmental justice.
    Comments concerning this environmental review process should be 
directed to NMFS (see ADDRESSES). All comments and material received, 
including names and addresses, will become part of the administrative 
record and may be released to the public.

Authority

    The environmental review of the proposed action will be conducted 
under the authority and in accordance with the requirements of the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
et seq.), National Environmental Policy Act Regulations (40 CFR parts 
1500-1508), NOAA Administrative Order 216-6, other appropriate Federal 
laws and regulations, and policies and procedures of NOAA and NMFS for 
compliance with those regulations.

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Locations and Times of Scoping Meetings

    Scoping meetings will be held at the following locations:
    1. Gray--Terrebonne Parish Public Library, North Terrebonne Branch, 
4130 West Park Avenue, Gray, LA 70359.
    2. Belle Chasse--Belle Chasse Community Center, 8398 Highway 23, 
Belle Chasse, LA 70037.
    3. Biloxi--Mississippi Department of Marine Resources, 1141 Bayview 
Avenue, Biloxi, MS 39530.
    4. Bayou La Batre--Bayou La Batre Community Center, 12745 Padgett 
Switch Road, Bayou La Batre, AL 36509.
    5. Morehead City--Crystal Coast Civic Center, 3505 Arendell Street, 
Morehead City, NC 28557.
    The meeting dates are:
    1. July 12, 2011, 12 p.m. to 2 p.m., Gray, LA.
    2. July 12, 2011, 6 p.m. to 8 p.m., Belle Chasse, LA.
    3. July 13, 2011, 4 p.m. to 6 p.m., Biloxi, MS.
    4. July 14, 2011, 12 p.m. to 2 p.m., Bayou La Batre, AL.
    5. July 18, 2011, 2 p.m. to 4 p.m., Morehead City, NC.

Scoping Meetings Code of Conduct

    The public is asked to follow the following code of conduct at the 
scoping meetings. At the beginning of each meeting, a representative of 
NMFS will explain the ground rules (e.g., alcohol is prohibited from 
the meeting room; attendees will be called to give their comments in 
the order in which they registered to speak; each attendee will have an 
equal amount of time to speak; and attendees may not interrupt one 
another). The NMFS representative will structure the meeting so that 
all attending members of the public will be able to comment, if they so 
choose, regardless of the controversial nature of the subject(s). 
Attendees are expected to respect the ground rules, and those that do 
not will be asked to leave the meeting.

Special Accommodations

    The scoping meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to the NOAA contact (see FOR FURTHER 
INFORMATION CONTACT) at least 7 days prior to the meeting.

    Dated: June 20, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-15898 Filed 6-23-11; 8:45 am]
BILLING CODE 3510-22-P