Sea Turtle Conservation; Shrimp Trawling Requirements, 77054-77057 [05-24604]
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77054
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
applies ‘‘unless an agency, after
consultation with the Office of
Advocacy of the Small Business
Administration and after opportunity
for public comment, establishes one or
more definitions of such term which are
appropriate to the activities of the
agency and publishes such definition(s)
in the Federal Register.’’ A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA). 15 U.S.C. 632.
Nationwide, there are approximately 1.6
million small organizations.
Independent Sector, The New Nonprofit
Almanac & Desk Reference (2002).
The Order adopts the interstate
allocation factor for inbound two-line
captioned telephone calls. As noted
above, in August 2003 the Commission
concluded that captioned telephone
service is a form of TRS, and that
eligible providers of such services are
eligible to recover their costs in
accordance with section 225 of the
Communications Act. See paragraph 2,
supra; see also Captioned Telephone
Declaratory Ruling, 18 FCC Rcd at
16121, paragraph 1. In the July 2005
Two-line Captioned Telephone Order,
the Commission concluded that two-line
captioned telephone service is also a
form of TRS eligible for compensation
from the Fund. That order also
recognized that there is no way to
determine if a particular inbound twoline captioned telephone call is
interstate or intrastate, and therefore
adopted an allocation methodology and
directed the Interstate TRS Fund
administrator to propose an interstate
allocation factor. The Order adopts the
TRS Fund administrator’s proposed
allocation factor.
The Commission does not believe that
the adoption of the interstate allocation
factor will have a significant economic
impact; however, in the event that it
does, it also notes that there are not a
substantial number of small entities that
will be affected by our action. The SBA
has developed a small business size
standard for Wired Telecommunications
Carriers, which consists of all such
firms having 1,500 or fewer employees.
13 CFR 121.201, NAICS code 517110
(changed from 513310 in October 2002).
According to Census Bureau data for
1997, there were 2,225 firms in this
category which operated for the entire
year. U.S. Census Bureau, 1997
Economic Census, Subject Series:
Information, ‘‘Establishment and Firm
Size (Including Legal Form of
Organization),’’ Table 5, NAICS code
513310 (issued Oct. 2000). Of this total,
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2,201 firms had employment of 999 or
fewer employees, and an additional 24
firms had employment of 1,000
employees or more. Thus, under this
size standard, the majority of firms can
be considered small. (The census data
do not provide a more precise estimate
of the number of firms that have
employment of 1,500 or fewer
employees; the largest category
provided is ‘‘Firms with 1,000
employees or more.’’). Currently, only
three providers are providing captioned
telephone service and being
compensated from the Interstate TRS
Fund: CapTel, Inc., Hamilton and
Sprint. The Commission expects that
only one of these providers may be a
small entity under the SBA’s small
business size standard. In addition, the
Interstate Fund Administrator is the
only entity that will be required to pay
to eligible providers of two-line
captioned telephone service the costs of
providing interstate service.
The Commission will send a copy of
the Order, including a copy of this
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
SBA. 5 U.S.C. 605(b).
Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer &
Governmental Affairs Bureau.
[FR Doc. 05–24620 Filed 12–28–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 101
[WT Docket No. 02–146; FCC 05–45]
Allocations and Service Rules for the
71–76 GHz, 81–86 GHz, and 92–95 GHz
Bands
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
The revision to § 101.1523(b)
published at 70 FR 29985, May 25,
2005, became effective on December 7,
2005.
FOR FURTHER INFORMATION CONTACT:
David Hu, Esq., Wireless
Telecommunications Bureau,
Broadband Division, at (202) 418–2487.
SUPPLEMENTARY INFORMATION: In a
Memorandum Opinion and Order,
released on March 3, 2005, FCC 05–45,
and published in the Federal Register
on May 25, 2005, 70 FR 29985, the
Commission revised its Allocations and
Service Rules for the 71–76 GHz, 81–86
GHz, and 92–95 GHz Bands, requiring
licensees, as part of the link registration
process, to submit to the database
manager an analysis under the
interference protection criteria. This
interference analysis requirement is a
new and modified information
collection, previously approved by OMB
(OMB Control No. 3060–1070), and
implements the revised § 101.1523(b) of
the Commission’s rules as published in
the Federal Register on May 25, 2005.
DATES:
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 05–24621 Filed 12–28–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 222 and 223
[Docket No.050922245–5345–05; I.D.
092005A, 100505D]
RIN 0648–AT89
Sea Turtle Conservation; Shrimp
Trawling Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
AGENCY:
SUMMARY: On December 7, 2005, the
Office of Management and Budget
(OMB) approved the information
collection requirements contained in
§ 101.1523(b) pursuant to OMB Control
No. 3060–1070. The Memorandum
Opinion and Order, released on March
3, 2005, FCC 05–45, stated that the
revision to 47 CFR 101.1523(b) will be
effective upon OMB approval. This
document announces the effective date
of that published rule. Accordingly, the
information collection requirements
contained in that rule became effective
on December 7, 2005.
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
Louisiana/Texas border, 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; October 22
through November 23, 2005; and from
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Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
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November 24 through December 23,
2005, for waters affected by Hurricanes
Katrina and Rita. These variances were
initially for 50 nautical miles, while the
most recent variance was for 20 nautical
miles. After an investigation, NMFS has
determined that excessive debris is still
affecting fishermen’s ability to use TEDs
effectively in an area extending
approximately 20 nm 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 December 23,
2005, through 11:59 p.m, local time,
January 23, 2006.
ADDRESSES: Requests for copies of the
National Environmental Policy Act
Categorical Exclusion (CE) 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 part 223) are followed. The
regulations require most shrimp
trawlers and summer flounder trawlers
operating in the southeastern United
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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
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77055
(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 (70 FR
61911).
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.
Subsequent to these requests, NMFS
issued a 30-day extension encompassing
both previous exemptions to the TED
requirements, from November 23, 2005,
through December 23, 2005 (70 FR
71406).
On December 7, 2005, the NMFS
Southeast Regional Administrator
received a request from the Marine
Fisheries ALDCNR 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 similar requests
on December 19, 2005, from MDMR and
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Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
LADWF due to the cumulative effects of
Hurricanes Katrina and Rita. The area
cumulatively affected by the two
hurricanes currently extends from the
Florida/Alabama border, westward to
the Louisiana/Texas border, and
offshore 20 nautical miles. ALDCNR
interviewed shrimp fishermen who
indicated there are still serious debris
problems out to 20 nautical miles, while
MDMR’s investigation indicates debris
problems are still very serious
nearshore, with continuing problems
into the exclusive economic zone.
LADWF’s investigation and interviews
with shrimp fishermen indicates there
are still significant debris problems in
state and federal waters. Interviews
between these state agencies and NMFS
indicated some shrimp fishermen
continue to use TEDs in these areas as
the TED is able to exclude debris from
the trawl; however, these interviews
also indicated there are still significant
amounts of large debris that can render
TEDs ineffective at releasing turtles.
When a TED is clogged with debris it
neither catches shrimp nor excludes
turtles effectively.
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Special Environmental Conditions
The AA finds that debris washed into
inshore and offshore waters by
Hurricanes Katrina and Rita off
Alabama, westward to the Louisiana/
Texas border, 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 Louisiana/
Texas border, and extending offshore 20
nautical miles, through 11:59 p.m., local
time, January 23, 2006. 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
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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
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
temporary 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 Louisiana/
Texas border, and extending offshore 20
nautical miles, through January 23,
2006. 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
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withdrawal of the authorization if the
AA determines that the alternative
authorized by this temporary 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, January 23, 2006, 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
effective 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.
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Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
On November 18, 2005, a CE
determination was completed for
NMFS’ issuance of temporary rules
authorizing the use of
§ 223.206(d)(3)(ii). The proposed
extension would also be encompassed
by the November 18 CE.
Dated: December 23, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 05–24604 Filed 12–23–05; 12:48
pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 051114298–5338–02; I.D.
110105C]
RIN 0648–AT12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Commercial Grouper Fishery;
Trip Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: NMFS issues this final rule to
implement a regulatory amendment to
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP) prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule establishes a
6,000-lb (2,722-kg) commercial trip limit
for shallow-water and deep-water
grouper, combined, in the exclusive
economic zone of the Gulf of Mexico.
The intended effect of this final rule is
to minimize the effects of derby fishing
and prolong the fishing season.
DATES: This final rule is effective
January 1, 2006.
ADDRESSES: Copies of the Final
Regulatory Flexibility Analysis (FRFA)
are available from Andy Strelcheck,
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701; telephone: 727–824–5305; fax:
727–824–5308; e-mail:
andy.strelcheck@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Andy Strelcheck, telephone: 727–824–
5374, fax: 727–824–5308, e-mail:
andy.strelcheck@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
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managed under the FMP. The FMP was
prepared by the Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
In accordance with the FMP’s
framework procedure, the Council
recommended, and NMFS published, a
proposed rule (70 FR 70575, November
22, 2005) to establish a 6,000-lb (2,722kg) commercial trip limit for shallowwater and deep-water grouper,
combined, in the exclusive economic
zone of the Gulf of Mexico. Public
comments on the proposed rule were
requested through December 7, 2005. A
summary of the comments and NMFS’
responses are provided below. The
rationale for this trip limit is provided
in the regulatory amendment and in the
preamble to the proposed rule and is not
repeated here.
Comments and Responses
Following is a summary of the
comments received on the proposed
rule and NMFS’ responses.
Comment 1: One commenter
supported the 6,000-lb (2,722-kg)
commercial trip limit, but
recommended reducing the trip limit
once 50 and 75 percent of the quota was
reached.
Response: Six trip limit alternatives
were considered, including no action
and the preferred 6,000-lb (2,722-kg)
gutted weight grouper trip limit. Several
other stepped trip limit alternatives
were also considered, which would
have reduced the trip limit during the
fishing year when a certain percentage
of either the shallow-water grouper or
red grouper quota was reached. These
stepped trip limit alternatives were not
selected because the lower trip limits
were estimated to generate excessive
negative economic impacts, particularly
for longline vessels and vessels
operating off the west-central coast of
Florida.
Comment 2: One commenter
supported the trip limit, but
recommended longer closures or a 10day open season at the beginning of
each month.
Response: The intent of the 6,000-lb
(2,722-kg) gutted weight commercial
grouper trip limit is to prolong the
fishing season and reduce the effects of
derby fishing. Longer closures or 10-day
open seasons are contrary to the action’s
objective of reducing the effects of derby
fishing and extending the commercial
grouper fishing season.
Comment 3: One commenter opposed
the trip limit and believed the trip limit
was too large and should be less.
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Response: Several alternatives with
lower trip limits than the preferred
6,000-lb (2,722-kg) gutted weight trip
limit were considered. These more
restrictive trip limit alternatives were
not selected because the lower trip
limits were estimated to generate
excessive negative economic impacts,
particularly for longline vessels and
vessels operating off the west-central
coast of Florida.
Comment 4: One commenter
supported the trip limit, but questioned
the effectiveness of the trip limit if it
resulted in additional fishing trips.
Response: An environmental
assessment (EA) was conducted for this
action, which evaluated the effects of
the trip limit on the physical, biological,
social, and economic environment. As
part of the EA, an economic simulation
analysis was conducted, which allowed
for extra fishing trips to be taken in
response to lower trip limits. Extra trips
were only allowed to occur if revenues
were sufficient to cover trip costs. Based
on the results of this simulation
analysis, the shallow-water grouper
fishery was projected to close 2–14 days
earlier than if extra trips were not
allowed to be taken.
Comment 5: One commenter
suggested longline fishing gear should
be eliminated.
Response: The regulatory amendment
only proposed trip limits for reducing
the effects of derby fishing and
moderating the rate of commercial
grouper harvest. The regulatory
amendment did not provide notice or
seek comment on elimination of any
type of gear from the fishery. Therefore,
this comment is beyond the scope of the
regulatory amendment and this rule.
Comment 6: The Southern Offshore
Fishing Association (SOFA) indicated
they were in favor of trip limits, but
believed the 6,000-lb (2,722-kg) trip
limit would have adverse economic
effects on larger vessels. They suggested
two alternative trip limit proposals be
considered. The first proposal is to
implement a tiered trip limit with a
7,500-lb (3,402-kg) limit for longline
vessels and 2,500-lb (1,134-kg) trip limit
for vertical-line vessels. The second
proposal is to implement a 7,500-lb
(3,402-kg) trip limit for vessels with a
documented length over 45 ft (13.7 m),
a 5,500-lb (2,495-kg) trip limit for
vessels with a documented length under
45 ft (13.7 m), and a 1-month closure of
the shallow-water grouper fishery from
May 20 to June 20.
Response: At its October 3–6, 2005
meeting, the Council reviewed a
proposal by SOFA for a 7,500-lb (3,402kg) trip limit and additional closed
season. In response to this proposal,
E:\FR\FM\29DER1.SGM
29DER1
]]>Agencies
[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Rules and Regulations]
[Pages 77054-77057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24604]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[Docket No.050922245-5345-05; 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.
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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 Louisiana/Texas border, 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; October 22 through November 23,
2005; and from
[[Page 77055]]
November 24 through December 23, 2005, for waters affected by
Hurricanes Katrina and Rita. These variances were initially for 50
nautical miles, while the most recent variance was for 20 nautical
miles. After an investigation, NMFS has determined that excessive
debris is still affecting fishermen's ability to use TEDs effectively
in an area extending approximately 20 nm 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 December 23, 2005, through 11:59 p.m, local time,
January 23, 2006.
ADDRESSES: Requests for copies of the National Environmental Policy Act
Categorical Exclusion (CE) 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 part 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 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
(70 FR 61911).
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. Subsequent to these
requests, NMFS issued a 30-day extension encompassing both previous
exemptions to the TED requirements, from November 23, 2005, through
December 23, 2005 (70 FR 71406).
On December 7, 2005, the NMFS Southeast Regional Administrator
received a request from the Marine Fisheries ALDCNR 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 similar requests on December
19, 2005, from MDMR and
[[Page 77056]]
LADWF due to the cumulative effects of Hurricanes Katrina and Rita. The
area cumulatively affected by the two hurricanes currently extends from
the Florida/Alabama border, westward to the Louisiana/Texas border, and
offshore 20 nautical miles. ALDCNR interviewed shrimp fishermen who
indicated there are still serious debris problems out to 20 nautical
miles, while MDMR's investigation indicates debris problems are still
very serious nearshore, with continuing problems into the exclusive
economic zone. LADWF's investigation and interviews with shrimp
fishermen indicates there are still significant debris problems in
state and federal waters. Interviews between these state agencies and
NMFS indicated some shrimp fishermen continue to use TEDs in these
areas as the TED is able to exclude debris from the trawl; however,
these interviews also indicated there are still significant amounts of
large debris that can render TEDs ineffective at releasing turtles.
When a TED is clogged with debris it neither catches shrimp nor
excludes turtles effectively.
Special Environmental Conditions
The AA finds that debris washed into inshore and offshore waters by
Hurricanes Katrina and Rita off Alabama, westward to the Louisiana/
Texas border, 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 Louisiana/Texas border, and extending offshore
20 nautical miles, through 11:59 p.m., local time, January 23, 2006.
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 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 temporary 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 Louisiana/Texas border, and
extending offshore 20 nautical miles, through January 23, 2006. 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 temporary 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, January 23, 2006, 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 effective 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.
[[Page 77057]]
On November 18, 2005, a CE determination was completed for NMFS'
issuance of temporary rules authorizing the use of Sec.
223.206(d)(3)(ii). The proposed extension would also be encompassed by
the November 18 CE.
Dated: December 23, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-24604 Filed 12-23-05; 12:48 pm]
BILLING CODE 3510-22-S
