[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23711-23712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11426]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 227 and 622

[I.D. 042298A]


Fisheries of the South Atlantic; Shrimp Fishery of the South 
Atlantic; Endangered and Threatened Wildlife

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

ACTION: Request for information; notice of public hearings.

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SUMMARY: NMFS has received comments from numerous fishermen, fishery 
organizations, and the states of Georgia and South Carolina 
recommending consideration of a closure of Federal waters offshore of 
Georgia and South Carolina to shrimping at night. State waters are 
currently closed at night, and commenters believed that a nighttime 
closure of Federal waters would reduce the concentration and total 
amount of fishing effort, and consequently would reduce lethal sea 
turtle captures. NMFS is requesting comments regarding the fishery 
management and/or sea turtle conservation benefits of closing all or 
some portion of Federal and state waters, off some or all of the South 
Atlantic states (North Carolina, South Carolina, Georgia, and Florida) 
to shrimp trawling at night.

DATES: Written comments will be accepted through June 29, 1998. 
Hearings will be held in May (see SUPPLEMENTARY INFORMATION).

ADDRESSES: Written comments may be submitted to the Chief, Endangered 
Species Division, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD. 20910. Hearings will be held in North 
Carolina, South Carolina, Georgia, and Florida (see SUPPLEMENTARY 
INFORMATION).

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or 
Barbara Schroeder, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

    NMFS amended the Sea Turtle Conservation Measures through 
rulemaking in 1996 to reduce sea turtle mortalities associated with 
shrimping by maximizing the effectiveness of Turtle Excluder Devices 
(TEDs) in commercial use. During the comment period associated with 
that rulemaking effort, NMFS received comments recommending various 
alternative management measures to reduce shrimp fishing effort, 
including prohibitions of nighttime trawling. Although the final rule 
did not incorporate measures specifically intended to reduce shrimp 
fishing effort, NMFS stated in the responses to comments on the 1995 
Advance Notice of Proposed Rulemaking:

    Prohibiting nighttime shrimping is a means to reduce shrimp 
trawling effort and enhance sea turtle protection, but NMFS does not 
believe that it should be employed at this time [April 1996]. In the 
Gulf of Mexico, the major fisheries for pink and brown shrimp are 
conducted mainly at night in deeper waters, when the target species 
are active, and nighttime closures would be incompatible with these 
fisheries. Trawling for white shrimp, on the other hand, is mainly 
done during the day in nearshore waters. Therefore, where white 
shrimp are the primary target species, nighttime closures may be 
compatible with operation of the fishery. Texas, Georgia, and South 
Carolina already have nighttime closures for management of shrimp 
stocks in some nearshore waters. A specific proposal was received, 
which recommended that NMFS coordinate with the States of Georgia 
and South Carolina to implement nighttime closures in Federal 
waters, concurrent with nighttime closures in State waters. 
Enforcement of closed areas would be greatly enhanced by cooperating 
Federal action. Coordinated state-Federal closures may also be a 
boon to local, primarily daytime shrimpers, by reducing the pressure 
to fish round the clock. This proposal may provide additional 
protection for sea turtles, and NMFS will investigate further 
whether closures in Federal waters offshore of Georgia and South 
Carolina would be consistent with State management goals and the 
interests of local shrimpers.

    The regulatory situation is different in each South Atlantic state 
with respect to nighttime closures. In Georgia's territorial waters, 
trawling is prohibited from 8 p.m. eastern standard time to 5 a.m. 
eastern standard time. By convention, the same times of the closure 
also apply during Daylight Time. In South Carolina, state waters are 
closed to shrimp trawling between 9 p.m. and 5 a.m., from opening day 
(usually around May 15) to September 15, and between 7 p.m. and 6 a.m., 
from September 16 to closing day (usually around December 31). In 
Florida,

[[Page 23712]]

offshore waters are closed at night between one half-hour after 
official sunset to one half-hour before official sunrise, except in 
June, July, and August when the offshore waters do not close. North 
Carolina does not presently have any nighttime closure of its ocean 
waters, although the Director of the Division of Marine Fisheries has 
the authority to set the hours of day for the shrimping season by 
proclamation, appropriate to the management of the fishery.

Request for Comments

    NMFS is inviting public comment and seeking information to help 
determine what, if any, nighttime closures should be implemented under 
the Magnuson-Stevens Fishery Conservation and Management Act and/or 
Endangered Species Act as a fishery management tool, and/or to provide 
enhanced protection to sea turtles. In particular, NMFS wishes to 
receive quantitative data, or other information, on the extent of 
fishery effort reduction that would be achieved under various closure 
schemes. Information on the impacts, positive and negative, on affected 
fishermen as well as the conservation of marine turtles is also 
specifically requested. NMFS will conduct four public hearings in the 
South Atlantic states to solicit additional information.
    The hearings are scheduled as follows:
    1. May 11, 1998, at 7 p.m., Bolivia, NC
    2. May 12, 1998, at 7 p.m., Charleston, SC
    3. May 13, 1998, at 7 p.m., Brunswick, GA
    4. May 14, 1998, at 7 p.m., Atlantic Beach, FL
    The hearings will be held at the following locations:
    1. North Carolina Cooperative Extension Service, Brunswick County 
Government Center, Agriculture Building, (Meeting Room), 25 Referendum 
Drive, Bolivia, NC 28422;
    2. South Carolina Marine Resources Research Institute, 
(Auditorium), 217 Fort Johnson Road, Charleston, SC 29412;
    3. University of Georgia Marine Extension Service Office, 
(Conference room), 715 Bay Street, Brunswick, GA 31520; and
    4. Mayport Elementary School, (Cafeteria), 2753 Shangri-La Drive, 
Atlantic Beach, FL 32233.

Special Accommodations

    These hearings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Charles A. Oravetz (see FOR 
FURTHER INFORMATION CONTACT).

    Dated: April 24, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-11426 Filed 4-28-98; 8:57 am]
BILLING CODE 3510-22-F