Sea Turtle Conservation; Shrimp and Summer Flounder Trawling Requirements, 29905-29913 [2012-12014]
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
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submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 20, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, and Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2012.
Michelle L. Pirzadeh,
Deputy Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
2. Section 52.1991 is added to read as
follows:
■
§ 52.1991 Section 110(a)(2) infrastructure
requirements.
On September 25, 2008, Oregon
Department of Environmental Quality
submitted a certification to address the
requirements of CAA Section 110(a)(1)
and (2) for the 1997 8-hour ozone
NAAQS. EPA approves the submittal as
meeting the following 110(a)(2)
infrastructure elements for the 1997 8-
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hour ozone NAAQS: (A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2012–12107 Filed 5–18–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 120427423–2423–02]
RIN 0648–AW93
Sea Turtle Conservation; Shrimp and
Summer Flounder Trawling
Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule revises the turtle
excluder device (TED) requirements to
allow the use of new materials and to
modify existing approved TED designs.
Specifically, this rule allows using flat
bar, rectangular pipe, and oval pipe as
construction material in currentlyapproved TED grids; using a brace bar
on hard TEDs; increasing the maximum
mesh size on escape flaps from 15⁄8 to
2 inches (4.1 to 5.1 cm); including the
Boone Big Boy TED for use in the
shrimp fisheries; using three large TED
and Boone Wedge Cut escape openings;
and using the Chauvin shrimp deflector
to improve shrimp retention. This rule
also adds a TED for use in the summer
flounder fishery. Additionally, the rule
corrects the TED regulations to rectify
an oversight regarding the maximum
size chain that can be used on the
Parker TED escape opening flap.
DATES: The effective date of this rule is
June 20, 2012.
ADDRESSES: NMFS, Southeast Regional
Office, Protected Resources Division,
263 13th Ave. South, St. Petersburg, FL
33701–5505.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, NMFS, Southeast
Regional Office, at the address above, or
at (727) 824–5312.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On September 2, 2010, we proposed
modifying the TED requirements, and
solicited public comments on allowable
TED modifications and additional
certified TED designs (75 FR 53925). A
detailed description of the alternative
construction materials and TED designs
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is provided in the proposed rule and is
not repeated here.
Summary of Comments Received
In response to our request for public
comments, we received written
comments from four commenters.
Comment 1: The Boone Wedge Cut
escape opening did not pass the small
turtle testing protocol when used in a
bottom-opening configuration.
Therefore, it should not be certified for
use as a bottom-opening TED.
Response: During the June 2008 small
turtle TED testing, the Boone Big Boy
TED was tested in a bottom-opening
configuration. Sinkey Boone installed
this TED at an angle of 54 degrees, and
included the Boone Wedge Cut escape
opening. We used a 32-inch by 44-inch
bent-bar TED installed at 53 degrees
with a double cover flap as the control
TED in both a top- and bottom-opening
configuration to test the configuration.
In a sample size of 25 turtles each, the
top-opening control TED captured 0
turtles while the bottom-opening control
TED captured 1 turtle. A turtle is
considered captured if it fails to escape
through the TED within 5 minutes.
Based on the performance of the
control TED to be considered a viable
alternative any candidate TED in a topopening configuration must capture no
more than 1 turtle, while a candidate
TED in a bottom-opening configuration
must capture no more than 3 turtles,
based on the statistical protocol of the
‘‘small turtle test’’ (55 FR 41092,
October 9, 1990). The test results for the
bottom-opening Boone Big Boy TED at
54 degrees with the Boone Wedge Cut
escape opening were 24 escapes and 1
capture with a mean escape time of 44.3
seconds. Accordingly, the bottomopening Boone Big Boy TED passes the
statistical protocol for the small turtle
test.
Comment 2: The Boone Wedge Cut
escape opening was not tested at the
maximum proposed angle of 55 degrees
in a top-opening configuration. Previous
testing has shown that changes in a few
degrees of TED angle at 45 degrees with
a straight-bar grid can have significant
effects on sea turtle mortality. The
Boone Wedge Cut escape opening in the
top-opening configuration should not be
certified above 50 degrees until further
testing is conducted. Additionally, the
Boone Big Boy TED and Boone Wedge
Cut escape opening should be retested
using maximum allowable TED angles
and should not be considered for
certification unless they pass small
turtle testing protocol for both top- and
bottom-opening configurations.
Response: The Boone Wedge Cut
escape opening was first evaluated in
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Panama City in June 2002. The Boone
Wedge Cut escape opening consists of
installing a webbing wedge in the TED
extension as an alternative to removing
the extension webbing for the TED
escape opening. The Boone Wedge Cut
escape opening modification was tested
under the leatherback sea turtle model
test using a 32-inch bent-bar TED and
failed. The Boone Wedge Cut escape
opening was not evaluated with the
small turtle test at that time.
In 2003, the Boone Wedge Cut escape
opening was submitted for small turtle
testing as an alternate method of
achieving the required minimum 71inch escape opening. The Boone Wedge
Cut escape opening was installed into a
bottom-opening, straight-bar grid with
2-inch bar spacing installed at an angle
of 55 degrees. As a control, we used a
TED with a top-opening 32-inch by 44inch bent-bar. In a sample size of 25
turtles, the bottom-opening control TED
captured 0 turtles. Based on the
performance of the control TED, a
candidate TED could capture no more
than 1 turtle to pass, based on the
statistical protocol of the ‘‘small turtle
test’’ (55 FR 41092, October 9, 1990).
The Boone Wedge Cut escape opening
captured 2 turtles by interactions with
chafing rope near the escape opening
during testing, and so failed the small
turtle test.
In 2004, the Boone Wedge Cut escape
opening was tested with a Boone Big
Boy TED installed at 53-degrees in a
top-opening configuration. The frame
was wrapped with 0.25-inch
polypropylene rope as chafing gear.
Prior evaluations of this style TED (i.e.,
2003 testing) demonstrated that straightbar TEDs in a bottom-opening
configuration with 0.50-inch rope
chafing gear present a problem for turtle
exclusion, as turtles can get hung up on
this rope. We used a 32-inch by 44-inch
bent-bar TED installed at 53 degrees
with a double cover flap as the control
TED. In a sample size of 25 turtles, the
top-opening control TED captured 2
turtles. Based on the performance of the
control TED, a candidate TED must
capture no more than 4 turtles to pass
the ‘‘small turtle test’’ (55 FR 41092,
October 9, 1990). The Boone Wedge Cut
escape opening and frame wrapped with
0.25-inch polypropylene rope captured
0 turtles, and therefore passes the
statistical protocol for the small turtle
test.
In summary, the Boone Wedge Cut
escape opening passed the small turtle
testing protocol at 53 degrees in a topopening configuration and at 54 degrees
in a bottom-opening configuration.
Previous testing and rulemaking
established 55 degrees as the maximum
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allowable TED installation angle, as the
likelihood of turtle entrapment does
begin to increase greatly at angles
steeper than that threshold. The testing
of the Boone Wedge Cut escape opening
and frame wrapped with 0.25-inch
polypropylene rope demonstrates that it
may be approved in both top- and
bottom-opening configurations at TED
angles up to the maximum allowable
angle for hard TEDs.
Comment 3: The original Parker TED
design did not pass the small turtle
testing protocol due to serious design
flaws; sea turtles were entangled and
captured in the large mesh ramp
designed to deflect turtles to the escape
opening. The large mesh ramp may
potentially entangle and drown turtles,
particularly when the net has been
stretched from daily use. All
certification testing was conducted with
new nets that were not in daily use. The
Parker TED should be re-evaluated with
the small turtle testing protocol, remote
cameras, and nets that have been wellused by fishermen.
Response: Soft TEDs have been
evaluated using the small turtle testing
protocol since 1988. After many trials
throughout the years, we developed a
successful TED, called the ‘‘Parker’’
TED, which used a 22-mesh panel
installed with 8-inch mesh in the body
and 4-inch mesh in the wings, with the
4-inch mesh extending all the way to
the apex (escape opening). During small
turtle testing protocol testing in 1997,
this Parker TED design worked well and
did not exhibit any pocketing that
would allow a turtle to become trapped.
In a sample size of 25 turtles, this Parker
TED design captured 0 turtles.
Since that testing, we have learned
much about the proper technique of
installing a soft panel in a trawl to
prevent small turtles from becoming
trapped. Extensive testing has
demonstrated that the correct taper and
correct mesh size are essential
components for an effective soft TED.
As with hard TEDs, the soft TED must
be maintained to assure effectiveness
and compliance with TED regulations,
and mesh stretching is not unique to the
soft TED. It is possible that large mesh
stretches in the soft TED panel over
time, and fishermen using this TED
need to check mesh sizes in these
panels to ensure that meshes have not
become stretched beyond the allowable
specifications. For these reasons, we
disagree that the Parker TED needs to be
re-evaluated.
Comment 4: The Boone Big Boy TED
submitted to NMFS for testing was
constructed of steel rod with a
minimum outside diameter of 1⁄2 inch
for the frame and with 4-inch bar
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spacing; however, the Boone Big Boy
TED is typically constructed of steel rod
with a minimum outside diameter of 3⁄8
inch for the frame and with 2-inch bar
spacing. The Boone Big Boy TED should
allow use of 3⁄8-inch steel rod for
construction of the TED frame.
Response: TED integrity is relevant to
sea turtle exclusion or escapement, and
we established minimum construction
material requirements to maintain TED
integrity and performance during
fishing operations. Based upon many
years of experience designing, testing
and monitoring TEDs, NMFS’ gear
specialists with the Southeast Fisheries
Science Center’s Harvesting Systems
and Engineering Branch have
determined a 1⁄8-inch difference in steel
rod diameter will (or does) not
negatively affect the structural integrity
of the Boone Big Boy TED, nor does it
adversely affect sea turtle exclusion. As
an example, the minimum outside
diameter for steel rod used in a standard
single-grid hard TED (i.e., minimum
horizontal and vertical measurement of
32 inches) is 1⁄4 inch. As the dimensions
for a single-grid hard TED are
minimums, one could legally construct,
for example, a single-grid hard TED
with horizontal and vertical
measurements of 36.5 and 48 inches,
respectively, with a 1⁄4-inch steel rod
frame, which would be the same as the
dimensions of the Boone Big Boy TED.
Single-grid hard TEDs with these
dimensions have passed the small turtle
test escapement protocols. Therefore,
this final rule specifies a 3⁄8-inch
minimum outside diameter of steel rod
for the Boone Big Boy TED, not the 1⁄2inch diameter originally included in the
proposed rule.
Comment 5: Alternative management
actions, such as the use of sea turtle
grow-out facilities operated by the
commercial fishing industry or
electronic avoidance equipment, should
be utilized instead of TEDs to reduce sea
turtle interactions.
Response: While there may be
alternative measures to reduce sea turtle
bycatch in trawl fisheries, the submitted
suggestions are beyond the scope of this
action. At this time, NMFS cannot add
or substitute actions to a rule that were
not originally proposed. Nevertheless,
NMFS appreciates the input and
contribution from the public on the
need and appropriateness of alternative
options. NMFS continues to consider
alternative measures, and if we
determine such measures become
appropriate, we will propose them in a
future rulemaking.
Comment 6: Fishermen should be
involved in TED development, and
should be financially rewarded for
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innovation in reducing sea turtle
interactions.
Response: NMFS agrees that
fishermen should be involved in TED
development. We note that the new
materials and alternative designs
included in this rule were tested,
developed, and advocated by
commercial fishermen. However, while
we agree that fishermen should be (and
are) involved in TED development,
offering financial incentives or awards
for TED development is beyond the
scope of this action.
Summary of Changes From the
Proposed Rule
Based on the comments received, we
have made one substantive change to
the proposed rule. As noted above, the
proposed rule stated the Boone Big Boy
TED was to be constructed of steel rod
with a minimum outside diameter of 1⁄2
inch. Based on further evaluation,
however, we decided that steel rod with
a minimum outside diameter of 3⁄8 inch
was acceptable for use in the
construction of the Boone Big Boy TED.
Summary of Revisions to the TED
Requirements
As a result of documented testing and
evaluations, this rule authorizes: Using
1⁄4 inch (0.63 cm) thick and 11⁄2 inch
(3.8 cm) deep flat bar, and rectangular
and oval pipe meeting the current
minimum dimensions cited at 50 CFR
223.207(a)(1) as construction materials
in currently-approved TED grids;
increasing maximum mesh size on
escape flaps from 15⁄8 to 2 inches (4.1 to
5.1 cm); including the Boone Big Boy
TED for use in the shrimp fisheries;
using three large TED and Boone Wedge
Cut escape openings; using the Chauvin
Shrimp Deflector in a top-opening TED
configuration to improve shrimp
retention; using a horizontal brace bar
on a TED to increase the strength of the
grid and prevent flexing of the vertical
deflector bars; and using the modified
founder TED in the summer founder
fishery. This rule also corrects an error
regarding the maximum size chain that
can be used on the Parker TED escape
opening flap.
Certifications
At the proposed rule stage for this
action, the Chief Counsel for Regulation
of the Department of Commerce
certified to the Chief Counsel for
Advocacy of the Small Business
Administration that this rule would not
have a significant economic impact on
a substantial number of small entities.
Therefore, a Final Regulatory Flexibility
Analysis was not required. The factual
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29907
basis leading to the certification is set
forth below.
This rule would not impose any new
requirements on fishing entities in the
southeastern shrimp fisheries. An exact
number of total fishing entities in the
southeastern shrimp fisheries is
unavailable, though approximately
5,000 vessels are estimated to be
currently active. This rule simply allows
fishermen, at their discretion, to use a
alternative TEDs in their shrimp nets.
NMFS expects fishermen will make
these decisions only when they will
result in improved fishing performance
without a substantial increase in cost.
As a result, any effects are expected to
be positive and no adverse economic
impacts are expected to accrue.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
The Endangered Species Act provides
the statutory basis for the rule.
List of Subjects in 50 CFR Part 223
Endangered and threatened species;
Exports; Imports; Transportation.
Dated: May 11, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 223 is amended
as follows:
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES.
1. The authority citation for part 223
continues to read as follows:
■
Authority: 16 U.S.C. 1531–1543; subpart
B, § 223.201–202 also issued under 16 U.S.C.
1361 et seq.; 16 U.S.C. 5503(d) for
§ 223.206(d)(9).
2. In § 223.207:
a. Paragraph (a)(1)(i) introductory text
is revised;
■ b. Paragraph (a)(1)(i)(C) is revised;
■ c. New paragraph (a)(1)(i)(D) is added;
■ d. Paragraphs (a)(7)(ii)(D) and
(a)(7)(ii)(E) are added;
■ e. New paragraphs (b)(3) and (b)(4) are
added;
■ f. Paragraph (c)(1)(iv)(B) is revised;
■ g. Paragraphs (d)(3) introductory text
and (d)(3)(iii) are revised; and
■ h. Paragraphs (d)(3)(iv), (d)(8), and
(d)(9) are added.
The revisions and additions read as
follows:
■
■
§ 223.207
Approved TEDs.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Single-grid and inshore hooped
hard TED. A single-grid hard TED or an
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inshore hooped hard TED must be
constructed of one or a combination of
the following materials, unless
otherwise specifically restricted below,
with minimum dimensions as follows:
*
*
*
*
*
(C) Steel or aluminum round, oval, or
rectangular tubing with a minimum
outside diameter or width of 1⁄2 inch
(1.27 cm) and a minimum wall
thickness of 1⁄8 inch (0.32 cm; also
known as schedule 40 tubing).
(D) Steel or aluminum flat bar with
dimensions no less than 1⁄4 inch (0.64
cm) in thickness by 11⁄2 inches (3.85 cm)
in depth. For flat bar less than 3⁄8 inch
(0.95 cm) in thickness, a horizontal
brace bar to reinforce the deflector bars
must be permanently attached to the
frame and the rear face of each of the
deflector bars within 4 inches (10.2 cm)
of the midpoint of the TED frame. The
horizontal brace bar must be
constructed of approved material
consistent with paragraph (a)(1)(i) of
this section. The horizontal brace bar
may be offset behind the deflector bars,
using spacer bars, not to exceed 5 inches
(12.7 cm) in length and constructed of
the same size or larger flat bar as the
deflector bars.
*
*
*
*
*
(7) * * *
(ii) * * *
(D) Boone Wedge Cut opening. (Figure
17 to this part). The escape opening is
made by making two cuts in the TED
extension; one cut is fore and aft (i.e.,
along the length of the extension) and
the other cut is horizontal to the
extension. The horizontal cut is 50
meshes long and begins at a point 4
inches (10.2 cm) inward from the
outside edge of the grid on one side and
runs to the same point on the opposite
side of the grid. The fore and aft cut
begins in the middle of the horizontal
cut and runs forward 49.5 inches (125.7
cm) toward the front edge of the TED
extension. The added wedge of webbing
is attached along its two leading edges
to the edges of the fore and aft cut. The
webbing wedge is made of 17⁄8 inch (4.8
cm) webbing and must have at least 41
meshes measuring at least 72 inches
wide (182.9 cm) along its base (aft edge).
The height of the wedge must measure
at least 48.5 inches (123 cm). The top of
the wedge is two bars across the leading
edge then cut with a 1 point then 6 bar
taper. A webbing flap, as described in
paragraph (d)(3)(iv) of this section, may
be used with this escape opening, so
long as the minimum opening size is
achieved.
(E) Large TED openings. (Figures 18a,
18b, and 18c to this part). Large TED
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escape openings may be utilized in the
following configurations:
(1) A triangular cut (Figure 18a to this
part), where the base of the triangle is
defined by a straight-line measurement
of the opening between the webbing
attachment points on the TED frame that
is no less than 40 inches (102 cm). The
two side cuts of the triangle must be an
all-bar taper from the point at which the
webbing attaches to the TED frame to
the apex of the triangle cut. Each side
cut of the triangle must measure no less
than 53 inches (135 cm). The sum of the
straight-line base measurement and two
side cuts must be no less than 147
inches (373 cm). The side cuts of the
triangular opening may be reinforced
using rib lines attached from the TED
frame to the apex of the opening. A
webbing flap, as described in either
paragraph (d)(3)(ii) or (d)(3)(iii) of this
section, may be used with this escape
opening, so long as the minimum
opening size is achieved.
(2) All-bar or all-points side cuts and
a horizontal leading edge cut (Figures
18b and 18c to this part), where the
straight-line measurement of the
opening between the webbing
attachment points on the TED frame
may not be less than 40 inches (102 cm),
and the two side cuts of the escape
opening must not be less than 26 inches
(66 cm) long from the points of the cut
immediately forward of the TED frame.
Only all-bar or all-points side cuts may
be used; no combination tapers may be
used when making the side cuts. The
sum of the straight-line base
measurement and the stretched
measurements of the side cuts and
leading edge cut must be no less than
147 inches (373 cm). A webbing flap, as
described in either paragraph (d)(3)(ii)
or (d)(3)(iii) of this section, may be used
with this escape opening, so long as the
minimum opening size is achieved.
*
*
*
*
*
(b) * * *
(3) Boone Big Boy TED. The Boone Big
Boy TED is a single-grid hard TED with
a minimum outside horizontal and
vertical measurement of 36.5 inches
(92.7 cm) and 48 inches (121.9 cm),
respectively. The frame must be
constructed of steel rod with a
minimum outside diameter of 3⁄8 inch
(0.95 cm). The deflector bars must be
constructed of steel rod with a
minimum outside diameter of 1⁄4 inch
(0.64 cm). The space between the
deflector bars must not exceed 4 inches
(10.2 cm). A horizontal brace bar
constructed of at least 1⁄4-inch (0.64-cm)
steel rod must be permanently attached
to the frame and the rear face of each of
the deflector bars within 4 inches (10.2
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cm) of the midpoint of the TED frame.
The horizontal brace bar may be offset
behind the deflector bars, using spacer
bars, not to exceed 5 inches (12.7 cm)
in length and must be constructed of the
same size or larger material as the
deflector bars. The Boone Big Boy TED
must be used with the Boone Wedge Cut
escape opening specified in (a)(7)(ii)(D)
of this section. The angle of the
deflector bars must be between 30° and
55° from the normal, horizontal flow
through the interior of the trawl. The
Boone Big Boy TED is exempt from the
requirements of paragraph (a)(3)(ii) of
this section, and may be installed at 55°
when fishing in the Gulf SFSTCA or the
Atlantic SFSTCA.
(4) Modified flounder TED. (Figure 11
to this part). The modified flounder TED
is approved for use only in the Atlantic
summer flounder bottom trawl fishery.
The modified flounder TED is not an
approved TED for use by shrimp
trawlers. The modified flounder TED
incorporates two separate grid frames
that are attached together. The frames of
the grids must be constructed of at least
11⁄4 inch (3.2 cm) outside diameter
aluminum or steel pipe with a wall
thickness of at least 1⁄8 inch (0.32 cm).
Each of the two grids of the modified
flounder TED must have outside
dimensions of at least 36 inches (91.4
cm) in height and at least 48 inches
(121.9 cm) in width. The upper grid is
equipped with vertical deflector bars,
which must be constructed of aluminum
or steel flat bar with a minimum depth
of 11⁄4 inches (3.2 cm) and a minimum
thickness of 3⁄8 inch (0.95 cm). Vertical
deflector bars must be connected to the
top and bottom of the upper grid. The
space between the deflector bars of the
upper grid must not exceed 4 inches
(10.2 cm). The lower grid is fabricated
with both horizontal and vertical
deflector bars, creating four narrow
horizontal openings at the top, and three
large rectangular openings along the
bottom of the grid. The lower grid must
have at least three horizontal deflector
bars, constructed of aluminum or steel
flat bar with a minimum depth of 11⁄2
inches (3.8 cm) and a minimum
thickness of 3⁄8 inch (0.95 cm), which
are connected to each side of the grid
and angled at 30° from the horizontal
plane. Below this, a fourth horizontal
deflector bar must be constructed of
aluminum or steel pipe with a wall
thickness of at least 1⁄8 inch (0.32 cm)
and with a 11⁄4 inch (3.2 cm) outside
diameter. These horizontal deflector
bars must yield maximum spacings of
41⁄2 inches (11.4 cm), 51⁄2 inches (14.0
cm), 51⁄2 inches (14.0 cm), and 41⁄2
inches (11.4 cm), as constructed from
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top to bottom and measured between
the leading edges of adjacent deflector
bars. There must be a maximum 10-inch
(25.4 cm) space between the bottommost horizontal deflector pipe bar and
the grid frame bottom. Two additional
vertical pipe sections running from the
bottom of the grid frame to the bottommost horizontal deflector pipe bar must
divide the opening at the bottom into
three rectangles, each with a maximum
height of 10 inches (25.4 cm) and a
maximum width of 14 inches (35.6 cm).
This TED must comply with paragraph
(a)(2) of this section. The upper and
lower grids of this TED must be laced
together with heavy twine no less than
1⁄4 inch (0.64 cm) in diameter in order
to maintain a consistent angle in both
sections. There may be a gap between
the two sections not to exceed 1 inch
(2.54 cm). The angle of the entire TED
frame must be between 30° and 45° from
the normal, horizontal flow through the
interior of the trawl. The entire width of
the escape opening from the trawl must
be centered on and immediately forward
of the frame at the top of the net when
the net is in its deployed position. The
slope of the grids and the vertical
deflector bars from forward to aft is
upward. The modified flounder TED
must use an escape opening consistent
with paragraph (a)(7)(ii)(B), (C), (D), or
(E) of this section. A webbing flap, as
described in paragraphs (d)(3)(ii), (iii),
or (iv) of this section, may be used with
this escape opening, so long as the
minimum opening size is achieved. This
TED may not be configured with a
bottom escape opening. Installation of
an accelerator funnel is not permitted
with this TED.
*
*
*
*
*
(c) * * *
(1) * * *
(iv) * * *
(B) Offshore opening. A horizontal cut
extending from the attachment of one
side of the deflector panel to the trawl
to the attachment of the other side of the
deflector panel to the trawl must be
made in a single row of meshes across
the top of the trawl and measure at least
96 inches (243.8 cm) in taut width. All
trawl webbing above the deflector panel
between the 96-inch (243.8-cm) cut and
edges of the deflector panel must be
removed. A rectangular flap of nylon
webbing not larger than 2-inch (5.1-cm)
stretched mesh may be sewn to the
forward edge of the escape opening. The
width of the flap must not be larger than
the width of the forward edge of the
escape opening. The flap must not
extend more than 12 inches (30.5 cm)
beyond the rear point of the escape
opening. The sides of the flap may be
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attached to the top of the trawl but must
not be attached farther aft than the row
of meshes through the rear point of the
escape opening. One row of steel chain
not larger than 1⁄4 inch (0.64 cm) may be
sewn evenly to the back edge of the flap.
The stretched length of the chain must
not exceed 96 inches (244 cm). A Parker
TED using the escape opening described
in this paragraph meets the
requirements of § 223.206(d)(2)(iv)(B).
This opening or one that is larger must
be used in all offshore waters and in the
inshore waters of Georgia and South
Carolina. It also may be used in other
inshore waters.
*
*
*
*
*
(d) * * *
(3) Webbing flap. A webbing flap may
be used to cover the escape opening
under the following conditions: No
device holds it closed or otherwise
restricts the opening; it is constructed of
webbing with a stretched mesh size no
larger than 2 inches (5.1 cm); it lies on
the outside of the trawl; it is attached
along its entire forward edge forward of
the escape opening; it is not attached on
the sides beyond the row of meshes that
lies 6 inches (15.2 cm) behind the
posterior edge of the grid; the sides of
the flap are sewn on the same row of
meshes fore and aft; and the flap does
not overlap the escape hole cut by more
than 5 inches (12.7 cm) on either side.
*
*
*
*
*
(iii) Double cover offshore TED flap.
This flap must be composed of two
equal size rectangular panels of
webbing. Each panel must be no less
than 58 inches (147.3 cm) wide and may
overlap each other no more than 15
inches (38.1 cm). The panels may only
be sewn together along the leading edge
of the cut. The trailing edge of each
panel must not extend more than 24
inches (61 cm) past the posterior edge
of the grid (Figure 16 to this part). Each
panel may be sewn down the entire
length of the outside edge of each panel.
Paragraph (d)(3) of this section
notwithstanding, this flap may be
installed on either the outside or inside
of the TED extension. For interior
installation, the flap may be sewn to the
interior of the TED extension along the
leading edge and sides to a point
intersecting the TED frame; however,
the flap must be sewn to the exterior of
the TED extension from the point at
which it intersects the TED frame to the
trailing edge of the flap. Chafing
webbing described in paragraph (d)(4) of
this section may not be used with this
type of flap.
(iv) Boone Wedge Cut opening flap.
(Figure 17 to this part). This escape
opening flap is attached to the trailing
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29909
edge of the horizontal cut and the
wedge. The flap is made from a piece of
17⁄8 inch (4.8 cm) webbing that is
trapezoid in shape. The leading edge
must be at least 94 meshes wide,
stretching to at least 164.5 inches (417.8
cm). The trailing edge is at least 87
meshes wide and at least 152 inches
(386.1 cm). The two sides are at least 8
meshes long and at least 15 inches (38.1
cm). The escape opening flap is attached
only to the leading edge of the escape
opening cut and is not attached along its
sides.
*
*
*
*
*
(8) Chauvin shrimp deflector. (Figures
19a and 19b to this part). The Chauvin
shrimp deflector may be used on any
approved TED design, but its
installation must not reduce the
minimum stretched measurements of
the TED opening. The Chauvin shrimp
deflector may not be installed with a
bottom escape opening. The Chauvin
shrimp deflector is constructed from a
single piece of 3-inch (7.6-cm) inside
diameter PVC pipe which measures 30
inches (76.2 cm) in length; the ends of
the PVC pipe are left uncapped. A
webbing or mesh bag is made and is
used to encase the PVC pipe (Figure 19a
to this part). The mesh bag is created
using a single piece of 15⁄8 inch (4.1 cm)
stretched-mesh webbing made of nylon
or polyethylene with dimensions 57
meshes wide by 10 meshes deep. The
leading edge of the 57-mesh piece of
webbing is attached around the PVC
pipe and back to the row of meshes
located 7 meshes down the 10-mesh
length. The ends of the webbing are
sewn together on each end forming a
webbing bag to assure the PVC pipe
remains encased in the webbing. This
leaves a 3-mesh tail hanging from the
encased PVC pipe. The 3-mesh tail of
the encased PVC pipe is then sewn to
a single row of meshes on the inside of
the trawl along the 57-mesh edge, 3
meshes ahead of the forward cut of the
TED escape opening. This would allow
a 3-mesh overlap to the left and right of
the forward cut (Figure 19b to this part).
(9) Brace bar. (Figure 14a to this part).
A horizontal brace bar may be added to
a TED if it is constructed of aluminum
or steel rod or tubing specified in 50
CFR 223.207(a)(1)(i)(A)–(C) and it is
permanently attached to the frame and
the rear face of each of the deflector bars
within 4 inches (10.2 cm) of the
midpoint of the TED frame. The
horizontal brace bar may be offset
behind the deflector bars, using spacer
bars, not to exceed 5 inches (12.7 cm)
in length and must be constructed of the
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same size or larger material as the
deflector bars.
*
*
*
*
*
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3. Add Figure 11 to Part 223 to read
as follows:
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29911
4. Add Figure 17 to Part 223 to read
as follows:
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5. Add Figures 18a, 18b, and 18c to
Part 223 to read as follows:
■
6. Add Figures 19a and 19b to Part
223 to read as follows:
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[FR Doc. 2012–12014 Filed 5–18–12; 8:45 am]
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations
]]>Agencies
[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29905-29913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12014]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 120427423-2423-02]
RIN 0648-AW93
Sea Turtle Conservation; Shrimp and Summer Flounder Trawling
Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the turtle excluder device (TED)
requirements to allow the use of new materials and to modify existing
approved TED designs. Specifically, this rule allows using flat bar,
rectangular pipe, and oval pipe as construction material in currently-
approved TED grids; using a brace bar on hard TEDs; increasing the
maximum mesh size on escape flaps from 1\5/8\ to 2 inches (4.1 to 5.1
cm); including the Boone Big Boy TED for use in the shrimp fisheries;
using three large TED and Boone Wedge Cut escape openings; and using
the Chauvin shrimp deflector to improve shrimp retention. This rule
also adds a TED for use in the summer flounder fishery. Additionally,
the rule corrects the TED regulations to rectify an oversight regarding
the maximum size chain that can be used on the Parker TED escape
opening flap.
DATES: The effective date of this rule is June 20, 2012.
ADDRESSES: NMFS, Southeast Regional Office, Protected Resources
Division, 263 13th Ave. South, St. Petersburg, FL 33701-5505.
FOR FURTHER INFORMATION CONTACT: Michael Barnette, NMFS, Southeast
Regional Office, at the address above, or at (727) 824-5312.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2010, we proposed modifying the TED requirements,
and solicited public comments on allowable TED modifications and
additional certified TED designs (75 FR 53925). A detailed description
of the alternative construction materials and TED designs
[[Page 29906]]
is provided in the proposed rule and is not repeated here.
Summary of Comments Received
In response to our request for public comments, we received written
comments from four commenters.
Comment 1: The Boone Wedge Cut escape opening did not pass the
small turtle testing protocol when used in a bottom-opening
configuration. Therefore, it should not be certified for use as a
bottom-opening TED.
Response: During the June 2008 small turtle TED testing, the Boone
Big Boy TED was tested in a bottom-opening configuration. Sinkey Boone
installed this TED at an angle of 54 degrees, and included the Boone
Wedge Cut escape opening. We used a 32-inch by 44-inch bent-bar TED
installed at 53 degrees with a double cover flap as the control TED in
both a top- and bottom-opening configuration to test the configuration.
In a sample size of 25 turtles each, the top-opening control TED
captured 0 turtles while the bottom-opening control TED captured 1
turtle. A turtle is considered captured if it fails to escape through
the TED within 5 minutes.
Based on the performance of the control TED to be considered a
viable alternative any candidate TED in a top-opening configuration
must capture no more than 1 turtle, while a candidate TED in a bottom-
opening configuration must capture no more than 3 turtles, based on the
statistical protocol of the ``small turtle test'' (55 FR 41092, October
9, 1990). The test results for the bottom-opening Boone Big Boy TED at
54 degrees with the Boone Wedge Cut escape opening were 24 escapes and
1 capture with a mean escape time of 44.3 seconds. Accordingly, the
bottom-opening Boone Big Boy TED passes the statistical protocol for
the small turtle test.
Comment 2: The Boone Wedge Cut escape opening was not tested at the
maximum proposed angle of 55 degrees in a top-opening configuration.
Previous testing has shown that changes in a few degrees of TED angle
at 45 degrees with a straight-bar grid can have significant effects on
sea turtle mortality. The Boone Wedge Cut escape opening in the top-
opening configuration should not be certified above 50 degrees until
further testing is conducted. Additionally, the Boone Big Boy TED and
Boone Wedge Cut escape opening should be retested using maximum
allowable TED angles and should not be considered for certification
unless they pass small turtle testing protocol for both top- and
bottom-opening configurations.
Response: The Boone Wedge Cut escape opening was first evaluated in
Panama City in June 2002. The Boone Wedge Cut escape opening consists
of installing a webbing wedge in the TED extension as an alternative to
removing the extension webbing for the TED escape opening. The Boone
Wedge Cut escape opening modification was tested under the leatherback
sea turtle model test using a 32-inch bent-bar TED and failed. The
Boone Wedge Cut escape opening was not evaluated with the small turtle
test at that time.
In 2003, the Boone Wedge Cut escape opening was submitted for small
turtle testing as an alternate method of achieving the required minimum
71-inch escape opening. The Boone Wedge Cut escape opening was
installed into a bottom-opening, straight-bar grid with 2-inch bar
spacing installed at an angle of 55 degrees. As a control, we used a
TED with a top-opening 32-inch by 44-inch bent-bar. In a sample size of
25 turtles, the bottom-opening control TED captured 0 turtles. Based on
the performance of the control TED, a candidate TED could capture no
more than 1 turtle to pass, based on the statistical protocol of the
``small turtle test'' (55 FR 41092, October 9, 1990). The Boone Wedge
Cut escape opening captured 2 turtles by interactions with chafing rope
near the escape opening during testing, and so failed the small turtle
test.
In 2004, the Boone Wedge Cut escape opening was tested with a Boone
Big Boy TED installed at 53-degrees in a top-opening configuration. The
frame was wrapped with 0.25-inch polypropylene rope as chafing gear.
Prior evaluations of this style TED (i.e., 2003 testing) demonstrated
that straight-bar TEDs in a bottom-opening configuration with 0.50-inch
rope chafing gear present a problem for turtle exclusion, as turtles
can get hung up on this rope. We used a 32-inch by 44-inch bent-bar TED
installed at 53 degrees with a double cover flap as the control TED. In
a sample size of 25 turtles, the top-opening control TED captured 2
turtles. Based on the performance of the control TED, a candidate TED
must capture no more than 4 turtles to pass the ``small turtle test''
(55 FR 41092, October 9, 1990). The Boone Wedge Cut escape opening and
frame wrapped with 0.25-inch polypropylene rope captured 0 turtles, and
therefore passes the statistical protocol for the small turtle test.
In summary, the Boone Wedge Cut escape opening passed the small
turtle testing protocol at 53 degrees in a top-opening configuration
and at 54 degrees in a bottom-opening configuration. Previous testing
and rulemaking established 55 degrees as the maximum allowable TED
installation angle, as the likelihood of turtle entrapment does begin
to increase greatly at angles steeper than that threshold. The testing
of the Boone Wedge Cut escape opening and frame wrapped with 0.25-inch
polypropylene rope demonstrates that it may be approved in both top-
and bottom-opening configurations at TED angles up to the maximum
allowable angle for hard TEDs.
Comment 3: The original Parker TED design did not pass the small
turtle testing protocol due to serious design flaws; sea turtles were
entangled and captured in the large mesh ramp designed to deflect
turtles to the escape opening. The large mesh ramp may potentially
entangle and drown turtles, particularly when the net has been
stretched from daily use. All certification testing was conducted with
new nets that were not in daily use. The Parker TED should be re-
evaluated with the small turtle testing protocol, remote cameras, and
nets that have been well-used by fishermen.
Response: Soft TEDs have been evaluated using the small turtle
testing protocol since 1988. After many trials throughout the years, we
developed a successful TED, called the ``Parker'' TED, which used a 22-
mesh panel installed with 8-inch mesh in the body and 4-inch mesh in
the wings, with the 4-inch mesh extending all the way to the apex
(escape opening). During small turtle testing protocol testing in 1997,
this Parker TED design worked well and did not exhibit any pocketing
that would allow a turtle to become trapped. In a sample size of 25
turtles, this Parker TED design captured 0 turtles.
Since that testing, we have learned much about the proper technique
of installing a soft panel in a trawl to prevent small turtles from
becoming trapped. Extensive testing has demonstrated that the correct
taper and correct mesh size are essential components for an effective
soft TED. As with hard TEDs, the soft TED must be maintained to assure
effectiveness and compliance with TED regulations, and mesh stretching
is not unique to the soft TED. It is possible that large mesh stretches
in the soft TED panel over time, and fishermen using this TED need to
check mesh sizes in these panels to ensure that meshes have not become
stretched beyond the allowable specifications. For these reasons, we
disagree that the Parker TED needs to be re-evaluated.
Comment 4: The Boone Big Boy TED submitted to NMFS for testing was
constructed of steel rod with a minimum outside diameter of \1/2\ inch
for the frame and with 4-inch bar
[[Page 29907]]
spacing; however, the Boone Big Boy TED is typically constructed of
steel rod with a minimum outside diameter of \3/8\ inch for the frame
and with 2-inch bar spacing. The Boone Big Boy TED should allow use of
\3/8\-inch steel rod for construction of the TED frame.
Response: TED integrity is relevant to sea turtle exclusion or
escapement, and we established minimum construction material
requirements to maintain TED integrity and performance during fishing
operations. Based upon many years of experience designing, testing and
monitoring TEDs, NMFS' gear specialists with the Southeast Fisheries
Science Center's Harvesting Systems and Engineering Branch have
determined a \1/8\-inch difference in steel rod diameter will (or does)
not negatively affect the structural integrity of the Boone Big Boy
TED, nor does it adversely affect sea turtle exclusion. As an example,
the minimum outside diameter for steel rod used in a standard single-
grid hard TED (i.e., minimum horizontal and vertical measurement of 32
inches) is \1/4\ inch. As the dimensions for a single-grid hard TED are
minimums, one could legally construct, for example, a single-grid hard
TED with horizontal and vertical measurements of 36.5 and 48 inches,
respectively, with a \1/4\-inch steel rod frame, which would be the
same as the dimensions of the Boone Big Boy TED. Single-grid hard TEDs
with these dimensions have passed the small turtle test escapement
protocols. Therefore, this final rule specifies a \3/8\-inch minimum
outside diameter of steel rod for the Boone Big Boy TED, not the \1/2\-
inch diameter originally included in the proposed rule.
Comment 5: Alternative management actions, such as the use of sea
turtle grow-out facilities operated by the commercial fishing industry
or electronic avoidance equipment, should be utilized instead of TEDs
to reduce sea turtle interactions.
Response: While there may be alternative measures to reduce sea
turtle bycatch in trawl fisheries, the submitted suggestions are beyond
the scope of this action. At this time, NMFS cannot add or substitute
actions to a rule that were not originally proposed. Nevertheless, NMFS
appreciates the input and contribution from the public on the need and
appropriateness of alternative options. NMFS continues to consider
alternative measures, and if we determine such measures become
appropriate, we will propose them in a future rulemaking.
Comment 6: Fishermen should be involved in TED development, and
should be financially rewarded for innovation in reducing sea turtle
interactions.
Response: NMFS agrees that fishermen should be involved in TED
development. We note that the new materials and alternative designs
included in this rule were tested, developed, and advocated by
commercial fishermen. However, while we agree that fishermen should be
(and are) involved in TED development, offering financial incentives or
awards for TED development is beyond the scope of this action.
Summary of Changes From the Proposed Rule
Based on the comments received, we have made one substantive change
to the proposed rule. As noted above, the proposed rule stated the
Boone Big Boy TED was to be constructed of steel rod with a minimum
outside diameter of \1/2\ inch. Based on further evaluation, however,
we decided that steel rod with a minimum outside diameter of \3/8\ inch
was acceptable for use in the construction of the Boone Big Boy TED.
Summary of Revisions to the TED Requirements
As a result of documented testing and evaluations, this rule
authorizes: Using \1/4\ inch (0.63 cm) thick and 1\1/2\ inch (3.8 cm)
deep flat bar, and rectangular and oval pipe meeting the current
minimum dimensions cited at 50 CFR 223.207(a)(1) as construction
materials in currently-approved TED grids; increasing maximum mesh size
on escape flaps from 1\5/8\ to 2 inches (4.1 to 5.1 cm); including the
Boone Big Boy TED for use in the shrimp fisheries; using three large
TED and Boone Wedge Cut escape openings; using the Chauvin Shrimp
Deflector in a top-opening TED configuration to improve shrimp
retention; using a horizontal brace bar on a TED to increase the
strength of the grid and prevent flexing of the vertical deflector
bars; and using the modified founder TED in the summer founder fishery.
This rule also corrects an error regarding the maximum size chain that
can be used on the Parker TED escape opening flap.
Certifications
At the proposed rule stage for this action, the Chief Counsel for
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration that this rule would
not have a significant economic impact on a substantial number of small
entities. Therefore, a Final Regulatory Flexibility Analysis was not
required. The factual basis leading to the certification is set forth
below.
This rule would not impose any new requirements on fishing entities
in the southeastern shrimp fisheries. An exact number of total fishing
entities in the southeastern shrimp fisheries is unavailable, though
approximately 5,000 vessels are estimated to be currently active. This
rule simply allows fishermen, at their discretion, to use a alternative
TEDs in their shrimp nets. NMFS expects fishermen will make these
decisions only when they will result in improved fishing performance
without a substantial increase in cost. As a result, any effects are
expected to be positive and no adverse economic impacts are expected to
accrue.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
The Endangered Species Act provides the statutory basis for the
rule.
List of Subjects in 50 CFR Part 223
Endangered and threatened species; Exports; Imports;
Transportation.
Dated: May 11, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 223 is amended
as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES.
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).
0
2. In Sec. 223.207:
0
a. Paragraph (a)(1)(i) introductory text is revised;
0
b. Paragraph (a)(1)(i)(C) is revised;
0
c. New paragraph (a)(1)(i)(D) is added;
0
d. Paragraphs (a)(7)(ii)(D) and (a)(7)(ii)(E) are added;
0
e. New paragraphs (b)(3) and (b)(4) are added;
0
f. Paragraph (c)(1)(iv)(B) is revised;
0
g. Paragraphs (d)(3) introductory text and (d)(3)(iii) are revised; and
0
h. Paragraphs (d)(3)(iv), (d)(8), and (d)(9) are added.
The revisions and additions read as follows:
Sec. 223.207 Approved TEDs.
* * * * *
(a) * * *
(1) * * *
(i) Single-grid and inshore hooped hard TED. A single-grid hard TED
or an
[[Page 29908]]
inshore hooped hard TED must be constructed of one or a combination of
the following materials, unless otherwise specifically restricted
below, with minimum dimensions as follows:
* * * * *
(C) Steel or aluminum round, oval, or rectangular tubing with a
minimum outside diameter or width of \1/2\ inch (1.27 cm) and a minimum
wall thickness of \1/8\ inch (0.32 cm; also known as schedule 40
tubing).
(D) Steel or aluminum flat bar with dimensions no less than \1/4\
inch (0.64 cm) in thickness by 1\1/2\ inches (3.85 cm) in depth. For
flat bar less than \3/8\ inch (0.95 cm) in thickness, a horizontal
brace bar to reinforce the deflector bars must be permanently attached
to the frame and the rear face of each of the deflector bars within 4
inches (10.2 cm) of the midpoint of the TED frame. The horizontal brace
bar must be constructed of approved material consistent with paragraph
(a)(1)(i) of this section. The horizontal brace bar may be offset
behind the deflector bars, using spacer bars, not to exceed 5 inches
(12.7 cm) in length and constructed of the same size or larger flat bar
as the deflector bars.
* * * * *
(7) * * *
(ii) * * *
(D) Boone Wedge Cut opening. (Figure 17 to this part). The escape
opening is made by making two cuts in the TED extension; one cut is
fore and aft (i.e., along the length of the extension) and the other
cut is horizontal to the extension. The horizontal cut is 50 meshes
long and begins at a point 4 inches (10.2 cm) inward from the outside
edge of the grid on one side and runs to the same point on the opposite
side of the grid. The fore and aft cut begins in the middle of the
horizontal cut and runs forward 49.5 inches (125.7 cm) toward the front
edge of the TED extension. The added wedge of webbing is attached along
its two leading edges to the edges of the fore and aft cut. The webbing
wedge is made of 1\7/8\ inch (4.8 cm) webbing and must have at least 41
meshes measuring at least 72 inches wide (182.9 cm) along its base (aft
edge). The height of the wedge must measure at least 48.5 inches (123
cm). The top of the wedge is two bars across the leading edge then cut
with a 1 point then 6 bar taper. A webbing flap, as described in
paragraph (d)(3)(iv) of this section, may be used with this escape
opening, so long as the minimum opening size is achieved.
(E) Large TED openings. (Figures 18a, 18b, and 18c to this part).
Large TED escape openings may be utilized in the following
configurations:
(1) A triangular cut (Figure 18a to this part), where the base of
the triangle is defined by a straight-line measurement of the opening
between the webbing attachment points on the TED frame that is no less
than 40 inches (102 cm). The two side cuts of the triangle must be an
all-bar taper from the point at which the webbing attaches to the TED
frame to the apex of the triangle cut. Each side cut of the triangle
must measure no less than 53 inches (135 cm). The sum of the straight-
line base measurement and two side cuts must be no less than 147 inches
(373 cm). The side cuts of the triangular opening may be reinforced
using rib lines attached from the TED frame to the apex of the opening.
A webbing flap, as described in either paragraph (d)(3)(ii) or
(d)(3)(iii) of this section, may be used with this escape opening, so
long as the minimum opening size is achieved.
(2) All-bar or all-points side cuts and a horizontal leading edge
cut (Figures 18b and 18c to this part), where the straight-line
measurement of the opening between the webbing attachment points on the
TED frame may not be less than 40 inches (102 cm), and the two side
cuts of the escape opening must not be less than 26 inches (66 cm) long
from the points of the cut immediately forward of the TED frame. Only
all-bar or all-points side cuts may be used; no combination tapers may
be used when making the side cuts. The sum of the straight-line base
measurement and the stretched measurements of the side cuts and leading
edge cut must be no less than 147 inches (373 cm). A webbing flap, as
described in either paragraph (d)(3)(ii) or (d)(3)(iii) of this
section, may be used with this escape opening, so long as the minimum
opening size is achieved.
* * * * *
(b) * * *
(3) Boone Big Boy TED. The Boone Big Boy TED is a single-grid hard
TED with a minimum outside horizontal and vertical measurement of 36.5
inches (92.7 cm) and 48 inches (121.9 cm), respectively. The frame must
be constructed of steel rod with a minimum outside diameter of \3/8\
inch (0.95 cm). The deflector bars must be constructed of steel rod
with a minimum outside diameter of \1/4\ inch (0.64 cm). The space
between the deflector bars must not exceed 4 inches (10.2 cm). A
horizontal brace bar constructed of at least \1/4\-inch (0.64-cm) steel
rod must be permanently attached to the frame and the rear face of each
of the deflector bars within 4 inches (10.2 cm) of the midpoint of the
TED frame. The horizontal brace bar may be offset behind the deflector
bars, using spacer bars, not to exceed 5 inches (12.7 cm) in length and
must be constructed of the same size or larger material as the
deflector bars. The Boone Big Boy TED must be used with the Boone Wedge
Cut escape opening specified in (a)(7)(ii)(D) of this section. The
angle of the deflector bars must be between 30[deg] and 55[deg] from
the normal, horizontal flow through the interior of the trawl. The
Boone Big Boy TED is exempt from the requirements of paragraph
(a)(3)(ii) of this section, and may be installed at 55[deg] when
fishing in the Gulf SFSTCA or the Atlantic SFSTCA.
(4) Modified flounder TED. (Figure 11 to this part). The modified
flounder TED is approved for use only in the Atlantic summer flounder
bottom trawl fishery. The modified flounder TED is not an approved TED
for use by shrimp trawlers. The modified flounder TED incorporates two
separate grid frames that are attached together. The frames of the
grids must be constructed of at least 1\1/4\ inch (3.2 cm) outside
diameter aluminum or steel pipe with a wall thickness of at least \1/8\
inch (0.32 cm). Each of the two grids of the modified flounder TED must
have outside dimensions of at least 36 inches (91.4 cm) in height and
at least 48 inches (121.9 cm) in width. The upper grid is equipped with
vertical deflector bars, which must be constructed of aluminum or steel
flat bar with a minimum depth of 1\1/4\ inches (3.2 cm) and a minimum
thickness of \3/8\ inch (0.95 cm). Vertical deflector bars must be
connected to the top and bottom of the upper grid. The space between
the deflector bars of the upper grid must not exceed 4 inches (10.2
cm). The lower grid is fabricated with both horizontal and vertical
deflector bars, creating four narrow horizontal openings at the top,
and three large rectangular openings along the bottom of the grid. The
lower grid must have at least three horizontal deflector bars,
constructed of aluminum or steel flat bar with a minimum depth of 1\1/
2\ inches (3.8 cm) and a minimum thickness of \3/8\ inch (0.95 cm),
which are connected to each side of the grid and angled at 30[deg] from
the horizontal plane. Below this, a fourth horizontal deflector bar
must be constructed of aluminum or steel pipe with a wall thickness of
at least \1/8\ inch (0.32 cm) and with a 1\1/4\ inch (3.2 cm) outside
diameter. These horizontal deflector bars must yield maximum spacings
of 4\1/2\ inches (11.4 cm), 5\1/2\ inches (14.0 cm), 5\1/2\ inches
(14.0 cm), and 4\1/2\ inches (11.4 cm), as constructed from
[[Page 29909]]
top to bottom and measured between the leading edges of adjacent
deflector bars. There must be a maximum 10-inch (25.4 cm) space between
the bottom-most horizontal deflector pipe bar and the grid frame
bottom. Two additional vertical pipe sections running from the bottom
of the grid frame to the bottom-most horizontal deflector pipe bar must
divide the opening at the bottom into three rectangles, each with a
maximum height of 10 inches (25.4 cm) and a maximum width of 14 inches
(35.6 cm). This TED must comply with paragraph (a)(2) of this section.
The upper and lower grids of this TED must be laced together with heavy
twine no less than \1/4\ inch (0.64 cm) in diameter in order to
maintain a consistent angle in both sections. There may be a gap
between the two sections not to exceed 1 inch (2.54 cm). The angle of
the entire TED frame must be between 30[deg] and 45[deg] from the
normal, horizontal flow through the interior of the trawl. The entire
width of the escape opening from the trawl must be centered on and
immediately forward of the frame at the top of the net when the net is
in its deployed position. The slope of the grids and the vertical
deflector bars from forward to aft is upward. The modified flounder TED
must use an escape opening consistent with paragraph (a)(7)(ii)(B),
(C), (D), or (E) of this section. A webbing flap, as described in
paragraphs (d)(3)(ii), (iii), or (iv) of this section, may be used with
this escape opening, so long as the minimum opening size is achieved.
This TED may not be configured with a bottom escape opening.
Installation of an accelerator funnel is not permitted with this TED.
* * * * *
(c) * * *
(1) * * *
(iv) * * *
(B) Offshore opening. A horizontal cut extending from the
attachment of one side of the deflector panel to the trawl to the
attachment of the other side of the deflector panel to the trawl must
be made in a single row of meshes across the top of the trawl and
measure at least 96 inches (243.8 cm) in taut width. All trawl webbing
above the deflector panel between the 96-inch (243.8-cm) cut and edges
of the deflector panel must be removed. A rectangular flap of nylon
webbing not larger than 2-inch (5.1-cm) stretched mesh may be sewn to
the forward edge of the escape opening. The width of the flap must not
be larger than the width of the forward edge of the escape opening. The
flap must not extend more than 12 inches (30.5 cm) beyond the rear
point of the escape opening. The sides of the flap may be attached to
the top of the trawl but must not be attached farther aft than the row
of meshes through the rear point of the escape opening. One row of
steel chain not larger than \1/4\ inch (0.64 cm) may be sewn evenly to
the back edge of the flap. The stretched length of the chain must not
exceed 96 inches (244 cm). A Parker TED using the escape opening
described in this paragraph meets the requirements of Sec.
223.206(d)(2)(iv)(B). This opening or one that is larger must be used
in all offshore waters and in the inshore waters of Georgia and South
Carolina. It also may be used in other inshore waters.
* * * * *
(d) * * *
(3) Webbing flap. A webbing flap may be used to cover the escape
opening under the following conditions: No device holds it closed or
otherwise restricts the opening; it is constructed of webbing with a
stretched mesh size no larger than 2 inches (5.1 cm); it lies on the
outside of the trawl; it is attached along its entire forward edge
forward of the escape opening; it is not attached on the sides beyond
the row of meshes that lies 6 inches (15.2 cm) behind the posterior
edge of the grid; the sides of the flap are sewn on the same row of
meshes fore and aft; and the flap does not overlap the escape hole cut
by more than 5 inches (12.7 cm) on either side.
* * * * *
(iii) Double cover offshore TED flap. This flap must be composed of
two equal size rectangular panels of webbing. Each panel must be no
less than 58 inches (147.3 cm) wide and may overlap each other no more
than 15 inches (38.1 cm). The panels may only be sewn together along
the leading edge of the cut. The trailing edge of each panel must not
extend more than 24 inches (61 cm) past the posterior edge of the grid
(Figure 16 to this part). Each panel may be sewn down the entire length
of the outside edge of each panel. Paragraph (d)(3) of this section
notwithstanding, this flap may be installed on either the outside or
inside of the TED extension. For interior installation, the flap may be
sewn to the interior of the TED extension along the leading edge and
sides to a point intersecting the TED frame; however, the flap must be
sewn to the exterior of the TED extension from the point at which it
intersects the TED frame to the trailing edge of the flap. Chafing
webbing described in paragraph (d)(4) of this section may not be used
with this type of flap.
(iv) Boone Wedge Cut opening flap. (Figure 17 to this part). This
escape opening flap is attached to the trailing edge of the horizontal
cut and the wedge. The flap is made from a piece of 1\7/8\ inch (4.8
cm) webbing that is trapezoid in shape. The leading edge must be at
least 94 meshes wide, stretching to at least 164.5 inches (417.8 cm).
The trailing edge is at least 87 meshes wide and at least 152 inches
(386.1 cm). The two sides are at least 8 meshes long and at least 15
inches (38.1 cm). The escape opening flap is attached only to the
leading edge of the escape opening cut and is not attached along its
sides.
* * * * *
(8) Chauvin shrimp deflector. (Figures 19a and 19b to this part).
The Chauvin shrimp deflector may be used on any approved TED design,
but its installation must not reduce the minimum stretched measurements
of the TED opening. The Chauvin shrimp deflector may not be installed
with a bottom escape opening. The Chauvin shrimp deflector is
constructed from a single piece of 3-inch (7.6-cm) inside diameter PVC
pipe which measures 30 inches (76.2 cm) in length; the ends of the PVC
pipe are left uncapped. A webbing or mesh bag is made and is used to
encase the PVC pipe (Figure 19a to this part). The mesh bag is created
using a single piece of 1\5/8\ inch (4.1 cm) stretched-mesh webbing
made of nylon or polyethylene with dimensions 57 meshes wide by 10
meshes deep. The leading edge of the 57-mesh piece of webbing is
attached around the PVC pipe and back to the row of meshes located 7
meshes down the 10-mesh length. The ends of the webbing are sewn
together on each end forming a webbing bag to assure the PVC pipe
remains encased in the webbing. This leaves a 3-mesh tail hanging from
the encased PVC pipe. The 3-mesh tail of the encased PVC pipe is then
sewn to a single row of meshes on the inside of the trawl along the 57-
mesh edge, 3 meshes ahead of the forward cut of the TED escape opening.
This would allow a 3-mesh overlap to the left and right of the forward
cut (Figure 19b to this part).
(9) Brace bar. (Figure 14a to this part). A horizontal brace bar
may be added to a TED if it is constructed of aluminum or steel rod or
tubing specified in 50 CFR 223.207(a)(1)(i)(A)-(C) and it is
permanently attached to the frame and the rear face of each of the
deflector bars within 4 inches (10.2 cm) of the midpoint of the TED
frame. The horizontal brace bar may be offset behind the deflector
bars, using spacer bars, not to exceed 5 inches (12.7 cm) in length and
must be constructed of the
[[Page 29910]]
same size or larger material as the deflector bars.
* * * * *
3. Add Figure 11 to Part 223 to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR21MY12.000
[[Page 29911]]
0
4. Add Figure 17 to Part 223 to read as follows:
[GRAPHIC] [TIFF OMITTED] TR21MY12.001
[[Page 29912]]
0
5. Add Figures 18a, 18b, and 18c to Part 223 to read as follows:
[GRAPHIC] [TIFF OMITTED] TR21MY12.002
0
6. Add Figures 19a and 19b to Part 223 to read as follows:
[[Page 29913]]
[GRAPHIC] [TIFF OMITTED] TR21MY12.003
[FR Doc. 2012-12014 Filed 5-18-12; 8:45 am]
BILLING CODE 3510-22-C
