Sea Turtle Conservation; Shrimp Trawling Requirements, 71406-71408 [05-23442]
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71406
Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations
§ 721.10001 2-Ethoxyethanol, 2ethoxyethanol acetate, 2-methoxyethanol,
and 2-methoxyethanol acetate.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
K. Executive Order 12988: Civil Justice
Reform
In issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
X. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and the Comptroller General of
the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substances identified
as 2-ethoxyethanol (CAS No. 110–80–5),
2-ethoxyethanol acetate (CAS No. 111–
15–9), 2-methoxyethanol (CAS No. 109–
86–4), and 2-methoxyethanol acetate
(CAS No. 110–49–6) are subject to
reporting under this section for the
significant new use described in
paragraph (a)(2) of this section.
(2) The significant new use is
domestic use in a consumer product or
the manufacture or import of 2methoxyethanol acetate at levels greater
than 10,000 pounds per year.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a), (b), and (c) apply to the significant
new use specified in § 721.10001. In
addition, records documenting
compliance with the significant new use
of domestic use in a consumer product
or the manufacture or import of 2methoxyethanol acetate at levels greater
than 10,000 pounds per year must be
maintained.
(2) [Reserved]
[FR Doc. 05–23421 Filed 11–28–05; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 222 and 223
List of Subjects in 40 CFR Part 721
[Docket No. 050922245–5307–03; I.D.
092005A, 100505D]
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
RIN 0648–AT89
Dated: November 17, 2005.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is
amended as follows:
I
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
I
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. By adding new § 721.10001 to
subpart E to read as follows:
I
VerDate Aug<31>2005
14:11 Nov 28, 2005
Jkt 208001
Sea Turtle Conservation; Shrimp
Trawling Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS issues this 30–day
temporary rule to allow shrimp
fishermen to continue to use limited
tow times as an alternative to Turtle
Excluder Devices (TEDs) in inshore and
offshore waters from the Florida/
Alabama border, westward to the
boundary shared by Matagorda and
Brazoria Counties, Texas, and extending
offshore 20 nautical miles. The previous
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
30–day variances of the TED
requirements were from September 23
through October 23, 2005; October 11
through November 10, 2005; and from
October 22 through November 23, 2005,
for waters affected by Hurricanes
Katrina and Rita. These variances were
for 50 nautical miles offshore. After an
investigation, NMFS has determined
that excessive debris is still affecting
fishermen’s ability to use TEDs
effectively; however, the debris field has
decreased to approximately 20 nautical
miles offshore. This action is necessary
because environmental conditions
resulting from Hurricanes Katrina and
Rita persist on the fishing grounds,
preventing some fishermen from using
TEDs effectively.
DATES: Effective from November 23,
2005, through 11:59 p.m, local time,
December 23, 2005.
ADDRESSES: Requests for copies of the
Environmental Assessment on this
action should be addressed to the Chief,
Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, 727–551–5794.
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
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 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
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and 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 allow sea turtles to escape.
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 B the Parker
soft TED (see 50 CFR 223.207).
TEDs incorporate an escape opening,
usually covered by a webbing flap,
which 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)).
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 governing sea turtle
take prohibitions and exemptions
provide for the use of limited tow times
as an alternative to the use of TEDs for
vessels with certain specified
characteristics or under certain special
circumstances. The provisions of 50
CFR 223.206(d)(3)(ii) specify that the
NOAA Assistant Administrator for
Fisheries (AA) may authorize
compliance with tow time restrictions
as an alternative to the TED requirement
if the AA determines that the presence
of algae, seaweed, debris, or other
special environmental conditions in a
particular area makes trawling with
TED-equipped nets impracticable. The
provisions of 50 CFR 223.206(d)(3)(i)
specify the maximum tow times that
may be used when tow time limits are
authorized as an alternative to the use
of TEDs. Each tow may be no more than
55 minutes from April 1 through
October 31 and no more than 75
minutes from November 1 through
March 31, as measured from the time
that the trawl doors enter the water until
they are removed from the water. These
tow time limits are designed to
minimize the level of mortality of sea
turtles that are captured by trawl nets
not equipped with TEDs.
Recent Events
On September 12, 2005, the NMFS
Southeast Regional Administrator
received requests from the Marine
Fisheries Division of the Alabama
Department of Conservation and Natural
VerDate Aug<31>2005
14:11 Nov 28, 2005
Jkt 208001
Resources (ALDCNR) and the Louisiana
Department of Wildlife and Fisheries
(LADWF) to allow the use of tow times
as an alternative to TEDs in inshore and
offshore waters because of excessive
storm related debris on the fishing
grounds as a result of Hurricane Katrina.
NMFS received a similar request from
the Mississippi Department of Marine
Resources (MDMR) on September 13.
On September 27, 2005, the NMFS
Southeast Regional Administrator
received requests from the LADWF and
the Texas Parks and Wildlife
Department (TPWD) to allow the use of
tow times as an alternative to TEDs in
inshore and offshore waters because of
excessive storm related debris on the
fishing grounds as a result of Hurricane
Rita. Subsequent to these requests,
NMFS issued 30–day exemptions to the
TED requirements from September 23
through October 23, 2005, and October
11 through November 10, 2005, for
waters affected by Hurricanes Katrina
and Rita, respectively (70 FR 56593 and
70 FR 60013, respectively).
On October 11, 2005, the NMFS
Southeast Regional Administrator
received requests from the ALDCNR,
MDMR, LADWF, and the TPWD for an
additional 30–day period allowing the
use of restricted tow times as an
alternative to TEDs in inshore and
offshore waters because of excessive
storm-related debris that was still
present on the fishing grounds as a
result of Hurricanes Katrina and Rita.
Subsequent to these requests, NMFS
issued a 30–day extension
encompassing both previous
exemptions to the TED requirements,
from October 23, 2005, through
November 23, 2005.
On November 15, 2005, the NMFS
Southeast Regional Administrator
received requests from the Marine
Fisheries Division of the ALDCNR,
MDMR, LADWF, and TPWD for an
additional 30–day period allowing the
use of restricted tow times as an
alternative to TEDs in state and federal
waters because of excessive stormrelated debris on the fishing grounds as
a result of Hurricanes Katrina and Rita.
The area cumulatively affected by the
two hurricanes extends from the
Florida/Alabama border, westward to
the boundary shared by Matagorda and
Brazoria Counties, Texas, and offshore
20 nautical miles. When a TED is
clogged with debris it can no longer
catch shrimp effectively nor can it
effectively exclude turtles. An
investigation by NMFS, confirmed there
are continuing problems with debris in
inshore and offshore waters off
Alabama, westward to the boundary
shared by Matagorda and Brazoria
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
71407
Counties, Texas, and extending offshore
20 nautical miles, which are likely to
affect the effectiveness of TEDs.
Special Environmental Conditions
The AA finds that debris washed into
inshore and offshore waters by
Hurricanes Katrina and Rita off
Alabama, westward to the boundary
shared by Matagorda and Brazoria
Counties, Texas, and extending offshore
20 nautical miles, has created ongoing
special environmental conditions that
make trawling with TED-equipped nets
impracticable. Therefore, the AA issues
this notification to extend the current
authorization for the use of restricted
tow times as an alternative to the use of
TEDs in inshore and offshore waters off
Alabama, westward to the boundary
shared by Matagorda and Brazoria
Counties, Texas, and extending offshore
20 nautical miles, through 11:59 p.m.,
local time, December 23, 2005. Tow
times must be limited to no more than
75 minutes measured from the time
trawl doors enter the water until they
are retrieved from the water.
Continued Use of TEDs
NMFS encourages shrimp trawlers in
the affected areas to continue to use
TEDs if possible, even though they are
authorized under this action to use
restricted tow times.
NMFS’ gear experts have provided
several general operational
recommendations to fishermen to
maximize the debris exclusion ability of
TEDs that may allow some fishermen to
continue using TEDs without resorting
to restricted tow times. To exclude
debris, NMFS recommends the use of
hard TEDs made of either solid rod or
of hollow pipe that incorporate a bent
angle at the escape opening, in a
bottom-opening configuration. In
addition, the installation angle of a hard
TED in the trawl extension is an
important performance element in
excluding debris from the trawl. High
installation angles can trap debris either
on or in front of the bars of the TED;
NMFS recommends an installation
angle of 45°, relative to the normal
horizontal flow of water through the
trawl, to optimize the TED’s ability to
exclude turtles and debris. Furthermore,
the use of accelerator funnels, which are
allowable modifications to hard TEDs, is
not recommended in areas with heavy
amounts of debris or vegetation. Lastly,
the webbing flap that is usually
installed to cover the turtle escape
opening may be modified to help
exclude debris quickly: the webbing flap
can either be cut horizontally to shorten
it so that it does not overlap the frame
of the TED or be slit in a fore-and-aft
E:\FR\FM\29NOR1.SGM
29NOR1
71408
Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations
direction to facilitate the exclusion of
debris. The use of the double cover flap
TED will also aid in debris exclusion.
All of these recommendations
represent legal configurations of TEDs
for shrimpers fishing in the affected
areas. This action does not authorize
any other departure from the TED
requirements, including any illegal
modifications to TEDs. In particular, if
TEDs are installed in trawl nets, they
may not be sewn shut.
Alternative to Required Use of TEDs
The authorization provided by this
rule applies to all shrimp trawlers that
would otherwise be required to use
TEDs in accordance with the
requirements of 50 CFR 223.206(d)(2)
who are operating in inshore and
offshore waters affected by Hurricanes
Katrina and Rita off Alabama, westward
to the boundary shared by Matagorda
and Brazoria Counties, Texas, and
extending offshore 50 nautical miles,
through December 23, 2005. Through
this temporary rule, shrimp trawlers
may choose either restricted tow times
or TEDs to comply with the sea turtle
conservation regulations, as prescribed
above.
Alternative to Required Use of TEDs;
Termination
The AA, at any time, may withdraw
or modify this temporary authorization
to use tow time restrictions in lieu of
TEDs through publication of a notice in
the Federal Register, if necessary to
ensure adequate protection of
endangered and threatened sea turtles.
Under this procedure, the AA may
VerDate Aug<31>2005
14:11 Nov 28, 2005
Jkt 208001
modify the affected area or impose any
necessary additional or more stringent
measures, including more restrictive
tow times, synchronized tow times, or
withdrawal of the authorization if the
AA determines that the alternative
authorized by this rule is not
sufficiently protecting turtles or no
longer needed. The AA may also
terminate this authorization if
information from enforcement, state
authorities, or NMFS indicates
compliance cannot be monitored
effectively. This authorization will
expire automatically at 11:59 p.m., local
time, December 23, 2005, unless it is
explicitly extended through another
notification published in the Federal
Register.
Classification
This action has been determined to be
not significant for purposes of Executive
Order 12866.
The AA has determined that this
action is necessary to respond to special
environmental conditions to allow more
efficient fishing for shrimp, while
providing adequate protection for
endangered and threatened sea turtles
pursuant to the ESA and applicable
regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds that there is good cause to waive
prior notice and opportunity to
comment on this rule. The AA finds that
unusually high amounts of debris has
created ongoing special environmental
conditions that make trawling with
TED-equipped nets impracticable. Prior
notice and opportunity to comment are
impracticable and contrary to the public
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
interest in this instance because
providing notice and comment would
prevent the agency from providing the
affected industry relief from the effects
of Hurricanes Katrina and Rita in a
timely manner.
The AA finds that there is good cause
to waive the 30–day delay in effective
date pursuant to 5 U.S.C. 553(d)(3) to
provide alternatives to comply with the
sea turtle regulations in a timely
manner. Many fishermen may be unable
to operate under the special
environmental conditions created by
Hurricanes Katrina and Rita without an
alternative to using TEDs. Providing a
30–day delay in effective date would
prevent the agency from providing the
affected industry relief from the effects
of Hurricanes Katrina and Rita in a
timely manner. For the reasons stated
above, the AA finds that this temporary
rule should not be subject to a 30–day
delay in effective date, pursuant to 5
U.S.C. 553(d)(1).
Since prior notice and an opportunity
for public comment are not required to
be provided for this action by 5 U.S.C.
553, or by any other law, the analytical
requirements of 5 U.S.C. 601 et seq. are
inapplicable.
The AA prepared an Environmental
Assessment (EA) for this rule. Copies of
the EA are available (see ADDRESSES).
Dated: November 22, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–23442 Filed 11–23–05; 3:02 pm]
BILLING CODE 3510–22–S
E:\FR\FM\29NOR1.SGM
29NOR1
]]>Agencies
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Rules and Regulations]
[Pages 71406-71408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23442]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No. 050922245-5307-03; I.D. 092005A, 100505D]
RIN 0648-AT89
Sea Turtle Conservation; Shrimp Trawling Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this 30-day temporary rule to allow shrimp
fishermen to continue to use limited tow times as an alternative to
Turtle Excluder Devices (TEDs) in inshore and offshore waters from the
Florida/Alabama border, westward to the boundary shared by Matagorda
and Brazoria Counties, Texas, and extending offshore 20 nautical miles.
The previous 30-day variances of the TED requirements were from
September 23 through October 23, 2005; October 11 through November 10,
2005; and from October 22 through November 23, 2005, for waters
affected by Hurricanes Katrina and Rita. These variances were for 50
nautical miles offshore. After an investigation, NMFS has determined
that excessive debris is still affecting fishermen's ability to use
TEDs effectively; however, the debris field has decreased to
approximately 20 nautical miles offshore. This action is necessary
because environmental conditions resulting from Hurricanes Katrina and
Rita persist on the fishing grounds, preventing some fishermen from
using TEDs effectively.
DATES: Effective from November 23, 2005, through 11:59 p.m, local
time, December 23, 2005.
ADDRESSES: Requests for copies of the Environmental Assessment on this
action should be addressed to the Chief, Marine Mammal Division, Office
of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-551-5794.
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 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 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
[[Page 71407]]
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
allow sea turtles to escape. 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 B the Parker
soft TED (see 50 CFR 223.207).
TEDs incorporate an escape opening, usually covered by a webbing
flap, which 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)). 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 governing sea turtle take prohibitions and
exemptions provide for the use of limited tow times as an alternative
to the use of TEDs for vessels with certain specified characteristics
or under certain special circumstances. The provisions of 50 CFR
223.206(d)(3)(ii) specify that the NOAA Assistant Administrator for
Fisheries (AA) may authorize compliance with tow time restrictions as
an alternative to the TED requirement if the AA determines that the
presence of algae, seaweed, debris, or other special environmental
conditions in a particular area makes trawling with TED-equipped nets
impracticable. The provisions of 50 CFR 223.206(d)(3)(i) specify the
maximum tow times that may be used when tow time limits are authorized
as an alternative to the use of TEDs. Each tow may be no more than 55
minutes from April 1 through October 31 and no more than 75 minutes
from November 1 through March 31, as measured from the time that the
trawl doors enter the water until they are removed from the water.
These tow time limits are designed to minimize the level of mortality
of sea turtles that are captured by trawl nets not equipped with TEDs.
Recent Events
On September 12, 2005, the NMFS Southeast Regional Administrator
received requests from the Marine Fisheries Division of the Alabama
Department of Conservation and Natural Resources (ALDCNR) and the
Louisiana Department of Wildlife and Fisheries (LADWF) to allow the use
of tow times as an alternative to TEDs in inshore and offshore waters
because of excessive storm related debris on the fishing grounds as a
result of Hurricane Katrina. NMFS received a similar request from the
Mississippi Department of Marine Resources (MDMR) on September 13. On
September 27, 2005, the NMFS Southeast Regional Administrator received
requests from the LADWF and the Texas Parks and Wildlife Department
(TPWD) to allow the use of tow times as an alternative to TEDs in
inshore and offshore waters because of excessive storm related debris
on the fishing grounds as a result of Hurricane Rita. Subsequent to
these requests, NMFS issued 30-day exemptions to the TED requirements
from September 23 through October 23, 2005, and October 11 through
November 10, 2005, for waters affected by Hurricanes Katrina and Rita,
respectively (70 FR 56593 and 70 FR 60013, respectively).
On October 11, 2005, the NMFS Southeast Regional Administrator
received requests from the ALDCNR, MDMR, LADWF, and the TPWD for an
additional 30-day period allowing the use of restricted tow times as an
alternative to TEDs in inshore and offshore waters because of excessive
storm-related debris that was still present on the fishing grounds as a
result of Hurricanes Katrina and Rita. Subsequent to these requests,
NMFS issued a 30-day extension encompassing both previous exemptions to
the TED requirements, from October 23, 2005, through November 23, 2005.
On November 15, 2005, the NMFS Southeast Regional Administrator
received requests from the Marine Fisheries Division of the ALDCNR,
MDMR, LADWF, and TPWD for an additional 30-day period allowing the use
of restricted tow times as an alternative to TEDs in state and federal
waters because of excessive storm-related debris on the fishing grounds
as a result of Hurricanes Katrina and Rita. The area cumulatively
affected by the two hurricanes extends from the Florida/Alabama border,
westward to the boundary shared by Matagorda and Brazoria Counties,
Texas, and offshore 20 nautical miles. When a TED is clogged with
debris it can no longer catch shrimp effectively nor can it effectively
exclude turtles. An investigation by NMFS, confirmed there are
continuing problems with debris in inshore and offshore waters off
Alabama, westward to the boundary shared by Matagorda and Brazoria
Counties, Texas, and extending offshore 20 nautical miles, which are
likely to affect the effectiveness of TEDs.
Special Environmental Conditions
The AA finds that debris washed into inshore and offshore waters by
Hurricanes Katrina and Rita off Alabama, westward to the boundary
shared by Matagorda and Brazoria Counties, Texas, and extending
offshore 20 nautical miles, has created ongoing special environmental
conditions that make trawling with TED-equipped nets impracticable.
Therefore, the AA issues this notification to extend the current
authorization for the use of restricted tow times as an alternative to
the use of TEDs in inshore and offshore waters off Alabama, westward to
the boundary shared by Matagorda and Brazoria Counties, Texas, and
extending offshore 20 nautical miles, through 11:59 p.m., local time,
December 23, 2005. Tow times must be limited to no more than 75 minutes
measured from the time trawl doors enter the water until they are
retrieved from the water.
Continued Use of TEDs
NMFS encourages shrimp trawlers in the affected areas to continue
to use TEDs if possible, even though they are authorized under this
action to use restricted tow times.
NMFS' gear experts have provided several general operational
recommendations to fishermen to maximize the debris exclusion ability
of TEDs that may allow some fishermen to continue using TEDs without
resorting to restricted tow times. To exclude debris, NMFS recommends
the use of hard TEDs made of either solid rod or of hollow pipe that
incorporate a bent angle at the escape opening, in a bottom-opening
configuration. In addition, the installation angle of a hard TED in the
trawl extension is an important performance element in excluding debris
from the trawl. High installation angles can trap debris either on or
in front of the bars of the TED; NMFS recommends an installation angle
of 45[deg], relative to the normal horizontal flow of water through the
trawl, to optimize the TED's ability to exclude turtles and debris.
Furthermore, the use of accelerator funnels, which are allowable
modifications to hard TEDs, is not recommended in areas with heavy
amounts of debris or vegetation. Lastly, the webbing flap that is
usually installed to cover the turtle escape opening may be modified to
help exclude debris quickly: the webbing flap can either be cut
horizontally to shorten it so that it does not overlap the frame of the
TED or be slit in a fore-and-aft
[[Page 71408]]
direction to facilitate the exclusion of debris. The use of the double
cover flap TED will also aid in debris exclusion.
All of these recommendations represent legal configurations of TEDs
for shrimpers fishing in the affected areas. This action does not
authorize any other departure from the TED requirements, including any
illegal modifications to TEDs. In particular, if TEDs are installed in
trawl nets, they may not be sewn shut.
Alternative to Required Use of TEDs
The authorization provided by this rule applies to all shrimp
trawlers that would otherwise be required to use TEDs in accordance
with the requirements of 50 CFR 223.206(d)(2) who are operating in
inshore and offshore waters affected by Hurricanes Katrina and Rita off
Alabama, westward to the boundary shared by Matagorda and Brazoria
Counties, Texas, and extending offshore 50 nautical miles, through
December 23, 2005. Through this temporary rule, shrimp trawlers may
choose either restricted tow times or TEDs to comply with the sea
turtle conservation regulations, as prescribed above.
Alternative to Required Use of TEDs; Termination
The AA, at any time, may withdraw or modify this temporary
authorization to use tow time restrictions in lieu of TEDs through
publication of a notice in the Federal Register, if necessary to ensure
adequate protection of endangered and threatened sea turtles. Under
this procedure, the AA may modify the affected area or impose any
necessary additional or more stringent measures, including more
restrictive tow times, synchronized tow times, or withdrawal of the
authorization if the AA determines that the alternative authorized by
this rule is not sufficiently protecting turtles or no longer needed.
The AA may also terminate this authorization if information from
enforcement, state authorities, or NMFS indicates compliance cannot be
monitored effectively. This authorization will expire automatically at
11:59 p.m., local time, December 23, 2005, unless it is explicitly
extended through another notification published in the Federal
Register.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
The AA has determined that this action is necessary to respond to
special environmental conditions to allow more efficient fishing for
shrimp, while providing adequate protection for endangered and
threatened sea turtles pursuant to the ESA and applicable regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds that there is good
cause to waive prior notice and opportunity to comment on this rule.
The AA finds that unusually high amounts of debris has created ongoing
special environmental conditions that make trawling with TED-equipped
nets impracticable. Prior notice and opportunity to comment are
impracticable and contrary to the public interest in this instance
because providing notice and comment would prevent the agency from
providing the affected industry relief from the effects of Hurricanes
Katrina and Rita in a timely manner.
The AA finds that there is good cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553(d)(3) to provide alternatives
to comply with the sea turtle regulations in a timely manner. Many
fishermen may be unable to operate under the special environmental
conditions created by Hurricanes Katrina and Rita without an
alternative to using TEDs. Providing a 30-day delay in effective date
would prevent the agency from providing the affected industry relief
from the effects of Hurricanes Katrina and Rita in a timely manner. For
the reasons stated above, the AA finds that this temporary rule should
not be subject to a 30-day delay in effective date, pursuant to 5
U.S.C. 553(d)(1).
Since prior notice and an opportunity for public comment are not
required to be provided for this action by 5 U.S.C. 553, or by any
other law, the analytical requirements of 5 U.S.C. 601 et seq. are
inapplicable.
The AA prepared an Environmental Assessment (EA) for this rule.
Copies of the EA are available (see ADDRESSES).
Dated: November 22, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-23442 Filed 11-23-05; 3:02 pm]
BILLING CODE 3510-22-S
