[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Rules and Regulations]
[Pages 16676-16677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06594]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210325-0069]
RIN 0648-BK45


Sea Turtle Conservation; Shrimp Trawling Requirements

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

ACTION: Final rule; delay of effective date.

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SUMMARY: We, the NMFS, are delaying the effective date of a final rule 
that published on December 20, 2019.

DATES: As of March 31, 2021, the effective date of the rule amending 50 
CFR part 223 that published at 84 FR 70048 on December 20, 2019, is 
delayed until August 1, 2021.

FOR FURTHER INFORMATION CONTACT: Jennifer Lee, NMFS Southeast Regional 
Office, telephone: 727-824-5312, or email: [email protected].

SUPPLEMENTARY INFORMATION: On December 20, 2019, we published a final 
rule to amend the alternative tow time restriction to require all 
skimmer trawl vessels 40 feet and greater in length to use turtle 
excluder devices (TEDs) designed to exclude small sea turtles in their 
nets, and that rule had an effective date of April 1, 2021 (84 FR 
70048). The final rule amends regulations at 50 CFR part 223 under the 
authority of the Endangered Species Act. The purpose of the final rule 
is to reduce incidental bycatch and mortality of sea turtles in the 
southeastern U.S. shrimp fisheries, and to aid in the protection and 
recovery of listed sea turtle populations. The rule also amends the 
definition of tow time to better clarify the intent and purpose of tow 
times to reduce sea turtle mortality, and it refines additional 
portions of the TED requirements to avoid potential confusion. We 
delayed the effectiveness of the final rule until April 1, 2021, to 
allow for the manufacture of the necessary number of TEDs and for 
fishers, particularly lower income fishers, to prepare financially for 
the regulation.
    We typically conduct outreach on changes to TED regulations through 
in-person industry workshops and trade shows, dockside and net shop 
visits, and enforcement trainings. In our final rule we stated that we 
would be scheduling and announcing future TED training workshops. We 
also distributed a Fishery Bulletin to industry

[[Page 16677]]

representatives, state agency partners, media, and other constituents 
on the final rule, notifying fishers that we would be conducting 
numerous workshops and training sessions for skimmer trawl fishers, and 
that information on these sessions would be posted on our website at: 
https://www.fisheries.noaa.gov/southeast/bycatch/turtle-excluder-device-regulations.
    We are now delaying the effective date of the final rule published 
on December 20, 2019, (84 FR 70048) until August 1, 2021. Safety and 
travel restrictions due to the COVID-19 pandemic have limited our 
ability to complete the in-person workshops and training sessions that 
we had anticipated and communicated to the public. This delay in 
effective date is necessary to provide us with additional time to 
conduct our planned outreach and training for fishers through a 
modified strategy, including but not limited to, virtual training 
sessions with the public. In addition to generally educating the public 
on the use of the devices, it will help prepare us for responding to 
installation and maintenance problems from industry when the 
regulations go in effect. This will allow fishers to be better prepared 
for compliance with regulations and reduce the likelihood of potential 
increased sea turtle deaths caused by widespread use of improperly 
constructed and/or installed TEDs.

Administrative Procedure Act

    The Assistant Administrator for Fisheries (AA) finds that there is 
good cause to waive the requirements to provide prior notice and 
opportunity for public comment pursuant to the authority set forth in 5 
U.S.C. 553(b)(B), because prior notice and opportunity for public 
comment on this temporary delay is unnecessary and would be contrary to 
the public interest. Such procedures are unnecessary because the rule 
that published at 84 FR 70048 on December 20, 2019, has already been 
subject to notice and comment, and all that remains is to notify the 
public of this delay in the effective date of the previously noticed 
regulations. Providing additional prior notice and opportunity for 
public comment is contrary to the public interest because there is a 
need to implement immediately this action to delay the April 1, 2021, 
effective date of the final rule and to provide notice of the delay to 
affected fishery participants. Making the requirements effective before 
fishers are properly educated and trained regarding the devices could 
lead to improper installation and use, which could lead to greater harm 
to listed sea turtles. We are temporarily delaying the effective date 
of the rule (see DATES section) to provide us with additional time to 
promote compliance with the new regulations.
    For these same reasons, the AA also finds good cause to waive the 
30-day delay in the effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority: 16 U.S.C. 1531 et seq.

    Dated: March 25, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-06594 Filed 3-30-21; 8:45 am]
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