Endangered and Threatened Wildlife; Sea Turtle Conservation Requirements, 7382-7384 [E7-2719]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Proposed Rules]
[Pages 7382-7384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 070122014-7014-01; I.D. 011907A]
RIN 0648-AV04


Endangered and Threatened Wildlife; Sea Turtle Conservation 
Requirements

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS issues this advance notice of proposed rulemaking to 
announce that it is considering amendments to the regulatory 
requirements for turtle excluder devices (TEDs). Specific changes NMFS 
is considering include increasing the size of the TED escape opening 
currently required in the summer flounder fishery; requiring the use of 
TEDs in the flynet, whelk, calico scallop, and Mid-Atlantic sea scallop 
trawl fisheries; and moving the current northern boundary of the Summer 
Flounder Fishery-Sea Turtle Protection Area off Cape Charles, Virginia, 
to a point farther north. The objective of the proposed measures would 
be to effectively protect all life stages and species of sea turtle in 
Atlantic trawl fisheries where they are vulnerable to incidental 
capture and mortality. NMFS is seeking public comment on these 
potential amendments to the TED regulations. NMFS is also soliciting 
public comment on the need for, and development and implementation of, 
other methods to reduce bycatch of sea turtles in any commercial or 
recreational fishery in the Atlantic and Gulf of Mexico where sea 
turtle conservation measures do not currently exist.

DATES: Comments will be accepted through March 19, 2007.

ADDRESSES: Written comments on this action and requests for literature 
cited should be addressed to Michael Barnette, Southeast Regional 
Office, Office of Protected Resources, NMFS, 263 13th Avenue South, St. 
Petersburg, FL 33701. Comments may also be sent via fax to 727-824-
5309, via email to 0648-AV04@noaa.gov, or to the Federal eRulemaking 
portal: https://www.regulations.gov (follow instructions for submitting 
comments).

FOR FURTHER INFORMATION CONTACT: Michael Barnette (ph. 727-824-5312, 
fax 727-824-5309, e-mail Michael.Barnette@noaa.gov), Ellen Keane (ph. 
978-281-9300 x6526, fax 978-281-9394, e-mail Ellen.Keane@noaa.gov), or 
Tanya Dobrzynski (ph. 301-713-2322, fax (301) 427-2522, e-mail 
Tanya.Dobrzynski@noaa.gov).

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) are 
listed as endangered. 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. Incidental capture of sea 
turtles in fisheries (bycatch) is a primary factor hampering the 
recovery of sea turtles in the Atlantic Ocean and the Gulf of Mexico.
    To address this factor comprehensively, NMFS has initiated a 
Strategy for Sea Turtle Conservation and Recovery in Relation to 
Atlantic Ocean and Gulf of Mexico Fisheries (Strategy). The Strategy is 
a gear-based approach to addressing sea turtle bycatch. Certain types 
of fishing gear are more prone to the incidental capture of sea turtles 
than others, depending on the design of the gear, the way the gear is 
fished, and/or the time and area within which it is fished. An 
evaluation of sea turtle interactions by gear type provides a more 
comprehensive assessment of fishery impacts across fishing sectors as 
well as across state, federal, and regional boundaries. Through this 
strategy, NMFS seeks to address sea turtle bycatch across 
jurisdictional boundaries and fisheries for gear types that have the 
greatest impact on sea turtle populations.
    Through the Strategy and based on documented sea turtle-fishery 
interactions, NMFS has identified trawl gear as a priority for reducing 
sea turtle bycatch. Trawling is a method of fishing that involves 
actively towing a net through the water behind one or more boats. 
Because trawl gear is towed, it has the capability to incidentally 
capture sea turtles and other species that are not the intended target 
of the fishery. The likelihood of incidental capture is inherent in the 
basic design of trawls, regardless of the specific fishery. Trawl 
fisheries with documented observer coverage or

[[Page 7383]]

historical bycatch information that occur in known areas and times of 
sea turtle distribution have consistently been shown to capture sea 
turtles. In fact, trawling is often used as a means to capture sea 
turtles for research, distribution studies, and relocation because of 
the effectiveness of this method. Without an avenue for escape, sea 
turtles are likely to drown when captured in trawl gear due to forced 
submergence. Even when drowning does not occur, the stresses of forced 
submergence have been shown to result in various negative physiological 
consequences that can make the turtles susceptible to later capture, 
predation, boat strike or other sources of injury and mortality. NMFS 
is now working to develop and implement bycatch reduction measures in 
all trawl fisheries in the Atlantic and Gulf of Mexico when and where 
sea turtle takes have occurred or where gear, time, location, fishing 
method, and other similarities exist between a particular trawl fishery 
and a trawl fishery where sea turtle takes have occurred. TEDs have 
been proven an effective method to minimize adverse effects related to 
sea turtle bycatch in the shrimp trawl fishery and, where applicable, 
in the summer flounder trawl fishery. While TEDs have potential as a 
bycatch reduction device for other trawl fisheries, differences in 
trawl designs and fishing methods may necessitate modifications or 
adjustments to the design of existing TEDs before they can be applied 
in other trawl fisheries. Testing is necessary to ensure that feasible 
TED designs for specific fisheries still accomplish the desired sea 
turtle bycatch reduction goals and to determine the TED's impact on 
target catch retention. It is possible that TEDs may not be feasible 
for some trawl fisheries. In the event that TEDs are not a viable 
option, other management measures such as tow time restrictions and 
time/area closures may need to be considered. Given these issues, NMFS 
anticipates a phased approach to implementation of any regulations to 
address sea turtle bycatch in trawl fisheries as the information needed 
to support measures in each individual trawl type becomes available.
    The incidental take of sea turtles in certain trawl fisheries has 
been documented in the Gulf of Mexico and Atlantic. Under the ESA and 
its implementing regulations, taking sea turtles is prohibited, with 
exceptions identified in 50 CFR 223.206. The incidental taking of 
threatened sea 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 223.206(d)) are followed. The conservation 
regulations require most shrimp trawlers and summer flounder trawlers 
operating in the southeastern United States (Atlantic Area and Gulf 
Area) to have a NMFS-approved TED installed in each net that is rigged 
for fishing to provide for the escape of sea turtles. TEDs currently 
approved by NMFS include single-grid hard TEDs and hooped hard TEDs 
conforming to a generic description, two types of special hard TEDs 
(the flounder TED and the weedless TED), and one type of soft TED (the 
Parker soft TED).
    TEDs have an escape opening, usually covered by a webbing flap, 
that allows sea turtles to escape from trawl nets. To be approved for 
use by NMFS, a TED design must be shown to be 97 percent effective in 
excluding sea turtles during experimental TED testing. TEDs must meet 
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.
    In order to allow the release of leatherback and large loggerhead 
sea turtles, NMFS required the use of large escape openings in the 
shrimp fishery in February 2003 (68 FR 8456; February 21, 2003). The 
February 2003 regulations required the use of either the double cover 
flap TED, a TED with a minimum opening of 71 inch (180 cm) straight-
line stretched mesh, or the Parker soft TED with a minimum 96-inch 
(244-cm) opening in offshore waters (from the COLREGS demarcation line 
seaward) and in all inshore waters off of Georgia and South Carolina; 
and required a TED with a minimum opening of 44 inch (112 cm) straight-
line stretched mesh with a 20 inch (51 cm) vertical taut height in all 
inshore waters (from the COLREGS Demarcation line landward) except for 
the inshore waters of Georgia and South Carolina. At this time, the 
large-opening TED is only required in the shrimp trawl fishery.

Summer Flounder Fishery

    Since 1992, all vessels using bottom trawls to fish for summer 
flounder in specific times and areas off Virginia and North Carolina 
have been required to use NMFS-approved TEDs in their nets (57 FR 
57358, December 4, 1992; 50 CFR 223.206(d)(2)(iii)). Currently, the 
escape opening requirements for the flounder TED are <=35 inches (<=89 
cm) in width and <=12 inches (<=30 cm) in height (50 CFR 
223.207(b)(1)). Although the February 2003 final rule (68 FR 8456) to 
require the larger opening in the shrimp trawl fishery did not require 
vessels in the summer flounder trawl fishery to use the larger escape 
opening sizes, the rule stated NMFS was evaluating the need for such 
restrictions in this fishery. The smaller opening currently used in 
this fishery is insufficient to allow the escapement of leatherback sea 
turtles and larger loggerhead and green sea turtles. The larger opening 
TEDs have passed the NMFS testing criteria for turtle escapement and 
NMFS has conducted testing of the larger opening in the Mid-Atlantic 
summer flounder trawl fishery since 2003.
    NMFS is currently considering an option to modify TED regulations 
in the summer flounder trawl fishery to require a larger escape 
opening. The larger escape opening would have a 142-inch (361-cm) 
circumference with a corresponding 71-inch (180-cm) straight line 
stretched measurement. This option is expected to decrease escape times 
for all turtles and allow for the release of leatherbacks and all large 
loggerhead and green sea turtles. The larger opening would be 
consistent with sea turtle conservation measures currently in place in 
the shrimp trawl fishery.

Whelk and Calico Scallop Trawl Fisheries

    The whelk trawl fishery originally developed off the South Carolina 
coast during 1977 and the spring of 1978 as an alternative fishery 
during closures in the shrimp season. Trawling for knobbed and 
channeled whelk typically occurs from mid-February through mid-April. 
Currently, less than 35 commercial fishermen actively participate in 
the fishery with five or more trips each year, although as many as 100 
permits have been issued by the Georgia Department of Natural Resources 
(GDNR).
    Due to documented sea turtle interactions within the fishery, NMFS 
evaluated potential TED designs for the fishery in 2000-2001. The whelk 
TED was developed in cooperation with GDNR and the University of 
Georgia Marine Extension Service in an effort to provide nearshore 
whelk fishermen with a TED that would allow the target species to pass 
through the TED frame and be retained as catch. The whelk TED passed 
the NMFS testing protocol in 2001. The whelk TED design is similar to 
the top-opening flounder TED used along the southeastern Atlantic coast 
during the winter months, featuring enlarged openings at the bottom of 
the frame. NMFS is currently considering an option to require the use 
of TEDs in the whelk trawl fishery.

[[Page 7384]]

Currently, GDNR requires the use of this TED in the whelk trawl fishery 
in Georgia State waters; however, some whelk trawling does occur in 
Federal waters.
    The calico scallop fishery originally developed in North Carolina 
in the early 1960s, but the focus of the fishery shifted to areas off 
Florida during the early 1970s. Calico scallop trawls are typically 
small (e.g., headrope length <40 feet) and are towed for short periods 
of time (e.g., 15 minutes). The scallop beds off Florida stretch from 
Jacksonville to Ft. Pierce in 60 to 240 feet (18 to 73 m) of water. Due 
to large fluctuations of calico scallop abundance and patchy 
distribution, landings within the fishery are extremely sporadic. 
Approximately 25 vessels are thought to currently be operating in the 
fishery. Similar to the whelk fishery, the calico scallop fishery 
requires a TED that allows the target species to pass through the TED 
frame and be retained as catch. Therefore, NMFS has determined that a 
hard TED, similar in design to the whelk TED, could be installed in 
calico scallop trawls. NMFS is currently considering an option to 
require the use of TEDs in the calico scallop trawl fishery. TED use in 
this fishery would be a new requirement.

Mid-Atlantic Scallop Trawl Fishery

    The U.S. Atlantic sea scallop fishery is conducted in the Gulf of 
Maine, on Georges Bank, and in the Mid-Atlantic offshore region 
southward to North Carolina. The commercial fishery for sea scallops 
occurs year round, and is primarily conducted using dredges and otter 
trawls. Approximately 10 percent of landings in the sea scallop fishery 
are from vessels using trawl gear, primarily in the Mid-Atlantic. 
Fishing by these vessels often occurs during the summer when other 
species (e.g., summer flounder) are not available (NMFS 2003). Trawl 
fishermen participating in the sea scallop fishery primarily use either 
trawls designed specifically for the sea scallop fishery or flounder 
trawls. Sea turtle takes have been observed in the sea scallop trawl 
fishery.
    In 2005 and 2006, NMFS tested the feasibility of TED use in the sea 
scallop trawl fishery. The sea scallop TED tested is a whelk TED that 
has been modified to prevent chafing of the gear. This TED design 
passed the NMFS testing criteria for sea turtle escapement. Initial 
results suggest that TED use in the sea scallop trawl fishery is 
feasible. NMFS is currently considering an option to require the use of 
TEDs in the Mid-Atlantic sea scallop trawl fishery. TED use in this 
fishery would be a new requirement.

Flynet Fishery

    Flynets are high profile trawls fished just off the bottom and 
range from 80 to 120 feet (24.4 to 36.6 m) in width, with wing mesh 
sizes of 16 to 64 inches (41 to 163 cm). The flynet fishery is a multi-
species fishery that operates along the East Coast of the United 
States. One component of the fishery operates inside of 180 feet (55 m) 
from North Carolina to New Jersey, and targets Atlantic croaker, 
weakfish, and other finfish species. Another component of the flynet 
fishery operates outside of 180 feet (55 m) from the Hudson Canyon off 
New York, south to Hatteras Canyon off North Carolina. Target species 
for the deeper-water component of the fishery include bluefish, 
Atlantic mackerel, squid, black sea bass, and scup. Sea turtle takes 
have been documented in this fishery.
    TEDs for the flynet fishery have been in development since 1999. 
Two semi-rigid TED designs for use within the flynet fishery have been 
tested and passed the NMFS testing protocol when rigged with a top-
opening escape panel. NMFS is currently considering an option to 
require the use of TEDs in the flynet fishery. TED use in this fishery 
would be a new requirement.

Movement of the Summer Flounder Fishery-Sea Turtle Protection Area 
Boundary

    Any summer flounder trawler that operates within the Summer 
Flounder Fishery-Sea Turtle Protection Area must utilize TEDs in its 
nets (50 CFR 223.206(d)(2)(iii)). Currently, this protection area is 
bounded on the north by a line extending off Cape Charles, Virginia, on 
the south by a line extending from the South Carolina-North Carolina 
boundary, and seaward by the Exclusive Economic Zone boundary. Vessels 
are exempted from the TED requirement north of Oregon Inlet, North 
Carolina, from January 15 through March 15, annually, when take of sea 
turtles by summer flounder trawling is not expected.
    From 1994-2004, observers documented takes in summer flounder and 
other Mid-Atlantic bottom otter trawl fisheries in areas and times when 
TEDs are not required in the summer flounder trawl fishery (Murray 
2006). Murray (2006) estimated sea turtle bycatch in the Mid-Atlantic 
bottom otter trawl fisheries. Murray found that, based on the analysis, 
the likelihood of interacting with a turtle depends on the time and 
area in which fishing occurs rather than the fish species being 
targeted. While incidental captures of sea turtles occurred throughout 
the year, Murray (2006) demonstrated that most interactions were 
confined to certain bathymetric and thermal regimes. Because of 
documented takes of sea turtles north of the current line due to the 
overlap in distribution of sea turtles and trawl gear, NMFS is 
considering moving the northern boundary of the Summer Flounder 
Fishery-Sea Turtle Protection Area farther north to reduce sea turtle 
bycatch in the summer flounder fishery. Additionally, NMFS is 
considering expanding the TED requirements to other trawl fisheries in 
the Mid-Atlantic, which currently do not have any TED requirements 
within this geographic area.

Conclusion

    NMFS is seeking advanced public input on potential measures to 
reduce sea turtle bycatch in Atlantic trawl fisheries and in Gulf of 
Mexico trawl fisheries where sea turtle conservation measures do not 
currently apply. NMFS is also seeking information on sea turtle 
interactions in Atlantic and Gulf of Mexico trawl fisheries. NMFS wants 
to improve the performance of TEDs to protect large turtles, reduce sea 
turtle bycatch in additional trawl fisheries with sea turtle 
interactions, and streamline and simplify the regulations. NMFS is also 
soliciting comment on whether and how far north to move the northern 
boundary of the Summer Flounder Fishery-Sea Turtle Protection Area, as 
well as on other viable ideas or concepts to reduce sea turtle bycatch 
in trawl fisheries. Measures may include new TED designs for various 
trawl fisheries, or other technologies and approaches that may minimize 
or mitigate sea turtle interactions in trawl fisheries.

Literature Cited

    Murray, K.T. 2006. Estimated Average Annual Bycatch of Loggerhead 
Sea Turtles (Caretta caretta) in U.S. Mid-Atlantic Bottom Otter Trawl 
Gear, 1996-2004. U.S. Department of Commerce, Northeast Fisheries 
Science Center Reference Document 06-19; 26 pp.
    This advance notice of proposed rulemaking has been determined to 
be not significant for E.O. 12866 purposes.

    Dated: February 12, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E7-2719 Filed 2-14-07; 8:45 am]
BILLING CODE 3510-22-S