[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21741-21745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10796]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No. 950427119-5119-01; I.D. 042495C]
RIN 0648-AH98


Sea Turtle Conservation; Restrictions Applicable to Shrimp 
Trawling Activities; Additional Turtle Excluder Device Requirements 
Within Certain Statistical Zones

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

ACTION: Temporary additional restrictions on fishing by shrimp trawlers 
in nearshore waters along two sections of the Texas and Louisiana coast 
to protect sea turtles; request for comments.

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SUMMARY: NMFS is temporarily imposing additional restrictions on 
fishing by shrimp trawlers in Gulf of Mexico offshore waters out to 10 
nautical miles (nm)(18.5 km) from the COLREGS line, along 2 sections of 
the Texas and Louisiana coasts, between 27 deg. N. lat. and 28 deg. N. 
lat. and between 95 deg.13' W. long. and 93 deg.20.5' W. long. for a 
30-day period. This area includes nearshore waters in shrimp fishery 
statistical zones 18 and 20, the western portion of zone 17 east to 
Calcasieu Pass, Louisiana and the extreme northeastern portion of Zone 
19. The restrictions include prohibition of the use of soft turtle 
excluder devices (TEDs), the use of bottom opening TEDs, the use of 
webbing flaps that completely cover the escape opening of TEDs, and the 
use of try nets by shrimp trawlers, unless the try nets are equipped 
with NMFS-approved TEDs other than soft or bottom-opening TEDs. This 
action is necessary to prevent the continuation of high levels of 
mortality and strandings of threatened and endangered sea turtles.

DATES: This action is effective 12:01 a.m. (local time) on April 30, 
1995, through 11:59 p.m. (local time) on May 29, 1995. Comments on this 
action must be submitted by May 30, 1995.

ADDRESSES: Comments on this action and requests for a copy of the 
environmental assessment (EA) or supplemental biological opinion (BO) 
prepared for this action should be addressed to the Chief, Endangered 
Species Division, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.

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

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in United States (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.
    The incidental take and mortality of sea turtles, as a result of 
shrimp trawling activities have been documented in the Gulf of Mexico 
and along the Atlantic Seaboard. Under the ESA and its implementing 
regulations, taking sea turtles is prohibited, with exceptions set 
forth at 50 CFR 227.72. The incidental taking of turtles during shrimp 
trawling in the Gulf and Atlantic Areas is excepted from the taking 
prohibition, if the sea turtle conservation measures specified in the 
sea turtle conservation regulations (50 CFR part 227, subpart D) are 
employed. The regulations require most shrimp trawlers operating in the 
Gulf of Mexico and Southeast U.S. Atlantic to have a NMFS-approved TED 
installed in each net rigged for fishing, year round.
    The conservation regulations provide a mechanism to implement 
further restrictions of fishing activities, if necessary to avoid 
unauthorized takings of sea turtles that may be likely to jeopardize 
the continued existence of listed species or that would violate the 
terms and conditions of an incidental take statement or biological 
opinion (50 CFR 227.72(e)(6)). Upon a determination that incidental 
takings of sea turtles during fishing activities are not authorized, 
additional restrictions will be imposed to conserve listed species. 
These restrictions are effective for a period of up to 30 days and may 
be renewed for additional periods of up to 30 days each.

November 14, 1994--Biological Opinion

    On November 14, 1994, NMFS issued a biological opinion (Biological 
Opinion), which concluded that the continued long term operation of the 
shrimp fishery in the nearshore waters of the southeastern U.S. was 
likely to jeopardize the continued existence of the highly endangered 
Kemp's ridley sea turtle. This Biological Opinion resulted from an ESA 
section 7 consultation that was reinitiated in response to the 
unprecedented number of dead sea turtles that stranded along the coasts 
of Texas, Louisiana, and Georgia in the spring and summer of 1994, 
coinciding with heavy nearshore shrimp trawling activity. Pursuant to 
section 7(b)(4) of the ESA, NMFS provided a reasonable and prudent 
alternative to the existing management measures that would allow the 
shrimp fishery to continue without jeopardizing the continued existence 
of the Kemp's ridley sea turtle. In addition, the Biological Opinion is 
accompanied by an incidental take statement, pursuant to section 
7(b)(4)(i) of the ESA, that specifies the impact of such incidental 
taking on the species. The incidental take statement provides two 
levels to identify the expected incidental take of sea turtles by 
shrimp fishing. The incidental take levels are based upon either 
documented takes or indicated takes measured by stranding data. 
Stranding data are considered an indicator of lethal take in the shrimp 
fishery during periods in which intensive shrimping effort occurs and 
there are no significant or intervening natural or human sources of 
mortality other than shrimping conclusively identified as the cause of 
strandings.
    NMFS has established an indicated take level (ITL) by identifying 
the weekly average number of sea turtle strandings documented in each 
NMFS statistical zone for the last three years (taking into 
consideration anomalous years). In Texas and Georgia, where strandings 
were anomalously high in 1994, the years 1991 through 1993 were used to 
determine historical levels. The weekly average was computed as a five-
week running average (two weeks before and after the week in question) 
to reflect seasonally fluctuating events such as fishery openings and 
closures and turtle migrations. The ITL for each zone was set at two 
times the weekly three year stranding average. For weeks and zones 
where the historical average is less than one, the ITL has been set at 
two strandings. [[Page 21742]] 

The Emergency Response Plan

    The reasonable and prudent alternative of the November 14, 1994, 
Biological Opinion and the accompanying incidental take statement 
required NMFS to develop and implement an Emergency Response Plan (ERP) 
to respond to future stranding events and to ensure compliance with sea 
turtle conservation measures. The Assistant Administrator for 
Fisheries, NOAA, (AA) approved the ERP on March 14, 1995, and published 
a notice of availability on April 21, 1995 (60 FR 19885). The ERP 
provides for elevated enforcement of TED regulations in two areas in 
which strandings of Kemp's ridley sea turtles are historically high. 
The first, the Atlantic Interim Special Management Area includes shrimp 
fishery statistical Zones 30 and 31 (northeast Florida and Georgia). 
The second, the Northern Gulf Interim Special Management Area, includes 
statistical Zones 13 through 20 (Louisiana and Texas from the 
Mississippi River to North Padre Island). The ERP also establishes 
procedures for notifying NMFS of sea turtle stranding events, and 
provides guidelines for implementation of temporary restrictions to 
prevent take levels in the Biological Opinion from being exceeded.
    As described in the ERP, restrictions in addition to those already 
imposed by 50 CFR 227.72(e) will be placed on shrimping in the Interim 
Special Management Areas if 75 percent or more of the ITL is reached 
for 2 consecutive weeks. The ERP states that the restrictions are 
expected to be:
    1. Prohibition of the use of soft TEDs;
    2. Prohibition of the use of bottom opening TEDs;
    3. Prohibition of the use of try nets, unless equipped with NMFS-
approved TEDs other than soft or bottom-opening TEDs; and
    4. Prohibition of the use of webbing flaps that completely cover 
the escape opening of TEDs, as described in the Requirements section 
herein.
    In addition, when strandings remain elevated for one month in zones 
outside the Interim Special Management Area, the Director, Southeast 
Region, NMFS, may determine that management actions, similar to those 
specified for the Interim Special Management Areas, will be 
implemented.

Recent Stranding Events

    Sea turtle strandings on offshore beaches in a number of fishery 
Statistical Zones in Texas have been elevated beyond historical levels 
in the spring of 1995.
    Shrimp effort declined in south Texas waters in early March from 
unusually high levels of effort in February, and strandings were 
generally low throughout Texas during March. In Zone 20, 6 turtles 
stranded between January 1 and March 18, 1995; all 6 carcasses 
exhibited severed flippers or other straight-edge wounds. During the 2 
consecutive weeks beginning on April 9, 1995, 3 turtles stranded per 
week on the offshore beaches of Zone 20, where the ITL was 4 turtles. 
Of those 6 turtles, 3 were Kemp's ridleys. One of the loggerhead 
turtles recovered in Zone 20 exhibited straight-edge wounds. Most 
recently, during the first 2 days of the week beginning on April 23, 5 
turtles, including 3 ridleys, have stranded in Zone 20.
    Elevated strandings for two consecutive weeks have been reported 
for two additional zones in Texas. Within Zone 19, strandings were 
above historical levels and met or exceeded the established ITL between 
March 26, 1995 and April 8, 1995. However, only one turtle stranded in 
each of the two following weeks. In Zone 21, which lies outside the 
Interim Special Management Areas, stranding levels were at or above the 
ITL from March 26 to April 15, but fell to only 1 stranding between 
April 16 and April 22. Because the most recent stranding reports from 
Zones 19 and 21 have been low, no management action for those zones is 
being promulgated at this time, but may be required if strandings again 
rise in those zones.
    The most severe stranding rates occurred in Zone 18. Strandings 
were low in zone 18 until the week beginning April 9, when 12 turtles 
stranded on offshore beaches, including 9 Kemp's ridleys. A headstarted 
Kemp's ridley also stranded. For comparison, from 1991-1993, only 1 
turtle stranded in Zone 18 during the same time period. During the week 
beginning April 16, 16 turtles, including 14 Kemp's ridleys, stranded.

Shrimping Effort and Enforcement

    Comprehensive shrimp effort data are not yet available. However, 
preliminary information regarding activity within observed ports has 
been collected from NMFS Port Agents and Texas state officials. The 
data submitted in mid-April, based on landings and port activity, 
indicated that the fishery active in Texas and Louisiana did not appear 
to be significantly different from previous years. However, United 
States Coast Guard (USCG) personnel conducting overflights off Texas 
during the week of April 23, reported extremely heavy shrimping effort 
nearshore in Zones 18 and 20. The location and level of effort has 
varied, and has been affected, in part, by fluctuating weather 
conditions. Beach workers have reported concentrations of shrimping 
vessels in the vicinity of strandings during the week beginning April 9 
and April 16. Recent turbulent weather may have shifted effort into 
nearshore waters where white shrimp are being targeted.
    Enforcement efforts have been increased in the Northern Gulf 
Interim Special Management Area, especially in Zones 17 through 20. The 
USCG has doubled their normal operating level in response to the 
increased strandings reported in early April. NMFS TED Law Enforcement 
Team members have been deployed to the northern Gulf since April 1. 
Additional NMFS agents were added to enforcement efforts in Texas 
during the week of April 16-22 due to the continued strandings.
    Enforcement efforts have not identified any recurring gear problems 
in the northern Gulf in 1995. NMFS gear specialists have been 
conducting informational and training workshops to assist shrimpers use 
TEDs. They report encountering soft TEDs with escape openings that were 
too small and hard TEDs with illegal ramps. Two net shops in Alabama 
were identified that were unaware that hard TEDs with ramps were not 
legal, and they have stopped manufacturing TEDs with ramps.

Analysis of Other Factors

    NMFS has investigated factors other than shrimping that may 
contribute to sea turtle mortality in the northern Gulf, including 
environmental conditions, oil and gas activities, and other fisheries. 
There is no information to suggest that red tide or other environmental 
conditions have contributed to sea turtle strandings thus far in 1995. 
There were no oil platform removals by explosives during March 1995. 
One platform was removed on April 17 and 18, 30 miles (48.27 km) south 
of Cameron, LA. No sea turtles were sighted by the NMFS observers 
monitoring the rig removal. Seismic survey vessels have been operating 
throughout the northern Gulf, primarily beyond 10 nm (18.5 km) from 
shore. One vessel was operating from the beach in the center of the 
Matagorda Peninsula (Zone 19) out to 9 nm (16.7 km) between April 16 
and April 18, during a week of low strandings for that zone. Seismic 
activities will be ongoing from Freeport through the southern end of 
the Matagorda Peninsula for the rest of the summer. NMFS has no 
information to suggest that seismic activities result in sea turtle 
mortalities. While observers on menhaden vessels have never observed 
the incidental take of a sea turtle, interactions with the 
[[Page 21743]] menhaden fishery are possible, but not likely to be 
fatal. The menhaden fishery opens the third Monday in April in northern 
Gulf waters (April 17 in 1995), and therefore would not have 
contributed to any of the strandings documented before that time.
    A preliminary analysis of satellite sea surface data for the Gulf 
of Mexico, indicates that oceanographic conditions along the Texas-
Louisiana coast are normal for this time of the year. The normal 
current flow from northeast to southwest along the Texas and Louisiana 
coastline is in place.

Restrictions on Fishing by Shrimp Trawlers

    The Biological Opinion provides that conservation measures are to 
be implemented as mortality levels approach incidental take levels 
established in the Incidental Take Statement in order to ensure that 
shrimping is not likely to jeopardize the continued existence of Kemp's 
ridley. The Biological Opinion specifically provides that such measures 
will be implemented immediately when sea turtle takings, indicated or 
documented, reach 75 percent of the established levels. These measures 
are intended to allow shrimp fishing to continue, while reducing the 
likelihood of further sea turtle strandings. The ERP provides further 
guidance on the nature and geographic scope of such measures. As noted 
in the foregoing discussion, strandings have met or exceeded the 75 
percent threshold of the ITL in zones 18 and 20, therefore conservation 
measures are being promulgated.
    Pursuant to 50 CFR 227.72(e)(6), the exemption for incidental 
taking of sea turtles in 50 CFR 227.72(e)(1) does not authorize the 
incidental takings during fishing activities if the takings would 
violate the restrictions, terms or conditions of an incidental take 
statement or biological opinion, and may be likely to jeopardize the 
continued existence of a species listed under the Act. The AA has 
determined that continued takings of sea turtles by shrimp fishing are 
unauthorized, and therefore promulgates this action.
    The measures that NMFS is promulgating include:
    1. Prohibition of the use of soft TEDs;
    2. Prohibition of the use of bottom opening TEDs;
    3. Prohibition of the use of try nets, unless equipped with NMFS-
approved TEDs other than soft or bottom-opening TEDs; and,
    4. Prohibition of the use of webbing flaps that completely cover 
the escape opening of TEDs, as described in the Requirements section 
herein.
    These restrictions are being applied in the Gulf of Mexico offshore 
waters seaward to 10 nm (18.5 km) along 2 sections of the Texas and 
Louisiana coasts, between 27 deg. N. lat. and 28 deg. N. lat. and 
between 95 deg.13' W. long. and 93 deg.20.5' W. long. Under 50 CFR 
217.12, offshore is defined as marine and tidal waters seaward of the 
72 COLREGS demarcation line (International Regulations for Preventing 
Collisions at Sea, 1972), as depicted or noted on nautical charts 
published by the NOAA (Coast Charts, 1:80,000 scale) and as described 
in 33 CFR part 80.
    This area includes the nearshore waters of Zones 20 and 18, where 
elevated sea turtle strandings are occurring, and the western portion 
of Zone 17 east to Calcasieu Pass, LA, and the extreme northeastern 
portion of zone 19. This portion of Zone 17 is included in the affected 
area for several reasons. The first is the likelihood that some of the 
carcasses documented in Zone 18 were taken in Zone 17 and carried into 
Zone 18 by the westward flowing current. Secondly, the areas 
immediately around Sabine Pass and Calcasieu Pass have been identified 
as high-use habitat for Kemp's ridley turtles. They are also the sites 
of heavy shrimping effort. Thirdly, limiting the restricted area to the 
eastern boundary of Zone 17 may shift some shrimping effort to the 
east, increasing the already heavy fishing pressure around Sabine Pass 
and Calcasieu Pass and increasing the threat to sea turtles from 
intensive shrimp trawling. Finally, in the week beginning April 16, 
1995, 2 Kemph's ridley turtles stranded in the Texas portion of Zone 
17, which includes only about 8.5 nm (14.8 km) of the 58 miles (93.3 
km) of coastline in Zone 17. No strandings have been reported in the 
Louisiana portion of Zone 17, but most of the shoreline in Louisiana is 
inaccessible or poorly monitored for sea turtle strandings. As 
described in the ERP, NMFS may extend conservation measures in any 
statistical zone to portions of contiguous zones as determined 
necessary.
    These restrictions will allow fishing by shrimp trawlers to 
continue in these statistical areas despite elevated rates of turtle 
strandings. Gear types that have the greatest potential for turtle 
capture are prohibited. Although soft TEDs and bottom opening TEDs are 
generally approved for use, NMFS believes that they may not be as 
effective, under some conditions, as top opening hard TEDs at releasing 
turtles. NMFS has previously promulgated regulations to address and 
discuss problems with bottom-opening hard TEDs (59 FR 33447, June 29, 
1994; 60 FR 15512, March 24, 1995). Notwithstanding the required use of 
floats, turtles may be more susceptible to capture in bottom-opening 
TEDs. Pursuant to 50 CFR 227.72(e)(2)(ii)(B)(1), try nets have been 
exempted from the TED requirements, because they are only intended for 
use in brief sampling tows not likely to result in turtle mortality. 
Turtles are, however, caught in try nets, and either through repeated 
captures or long tows, try nets can contribute to the mortality of sea 
turtles. Takes of sea turtles in try nets, including one mortality, 
have been documented by NMFS. Finally, webbing flaps have been 
permitted to help reduce shrimp loss with TEDs, but may be hindering 
turtle release. In a top-opening TED, high pressure is generated above 
the trawl net which forces the webbing flap closed; while in a bottom-
opening TED, the weight of the TED grid can pin the webbing flap shut 
over the escape opening. Additionally, the webbing flap can be sewn 
shut to disable the TED deliberately. Under these temporary 
restrictions, only NMFS-approved hard or special hard TEDs with top 
escape openings may be used in shrimp trawls in the specified areas. If 
flaps are used, they may not cover the escape opening. Figure 1 
illustrates a top-opening hard TED with a shortened webbing flap 
meeting the dimension requirements of this emergency action.

Requirements

    This action is authorized by 50 CFR 227.72(e)(6). The definitions 
in 50 CFR 217.12 are applicable to this action, as well as all relevant 
provisions in 50 CFR parts 217 and 227. For example, Sec. 227.71(b)(3) 
provides that it is unlawful to fish for or possess fish or wildlife 
contrary to a restriction specified or issued under Sec. 227.72 (e)(3) 
or (e)(6).
    NMFS hereby notifies owners and operators of shrimp trawlers (as 
defined in 50 CFR 217.12) that for a 30-day period, starting 12:01 a.m. 
(local time) on April 30, 1995, and ending 11:59 p.m. (local time) on 
May 30, 1995, fishing by shrimp trawlers in offshore waters, seaward to 
10 nm (18.5 km) from the COLREGS line, along 2 sections of the Texas 
and Louisiana coast, the first bounded between 27 deg. N. lat. and 
28 deg. N. lat. and the second bounded between 95 deg.13' W. long. and 
93 deg.20.5' W. long., is prohibited unless shrimp trawlers comply with 
the following restrictions to the exceptions for incidental taking in 
50 CFR 227.72(e):
    1. Use of soft TEDs described in 50 CFR 227.72(e)(4)(iii) is 
prohibited. [[Page 21744]] 
    2. Use of hard TEDs with bottom escape openings and special hard 
TEDs with bottom escape openings is prohibited. Approved hard TEDs and 
special hard TEDs must be configured with the slope of the deflector 
bars upward from forward to aft and with the escape opening at the top 
of the trawl.
    3. Use of try nets with a headrope length of 20 ft (6.1 m) or less 
is prohibited unless an NMFS-approved top-opening, hard TED or special 
hard TED is installed when the try nets are rigged for fishing.
    4. Use of a webbing flap that completely covers the escape opening 
in the trawl is prohibited. Any webbing which is attached to the trawl, 
forward of the escape opening, must be cut to a length so that the 
trailing edge of such webbing does not approach to within 2 inches (5.1 
cm) of the posterior edge of the TED grid (see Figure 1). The 
requirements for the size of the escape opening are unchanged.
    All provisions in 50 CFR 227.72(e), including, but not limited to 
50 CFR 227.72(e)(2)(ii)(B)(1) (use of try nets), 50 CFR 
227.72(e)(4)(iii) (approval of soft TEDs), 50 CFR 227.72(e)(4)(i)(F) 
(position of escape opening), and 50 CFR 227.72(e)(4)(iv)(C) (webbing 
flap), that do not conform to these requirements are hereby suspended 
for the duration of this action.
    NMFS hereby notifies owners and operators of shrimp trawlers in the 
area subject to restrictions that they may be required to carry an 
NMFS-approved observer aboard such vessel(s) if selected to do so by 
the Director, Southeast Region, NMFS, upon written notification sent to 
either the address specified for the vessel registration or 
documentation purposes, or otherwise served on the owner or operator of 
the vessel. Shrimp trawlers must comply with the terms and conditions 
specified in such written notification.

Additional Conservation Measures

    The AA may withdraw or modify the requirement for specific 
conservation measures or any restriction on shrimping activities if the 
AA determines that such action is warranted. Notification of any 
additional sea turtle conservation measures, including any extension of 
this 30-day emergency action, will be published in the Federal Register 
pursuant to 50 CFR 227.72(e)(6).
    NMFS will continue to monitor sea turtle strandings to gauge the 
effectiveness of these conservation measures. If, after these 
restrictions are instituted, strandings in statistical areas 17, 18, 
and/or 20 persist at or above 75 percent of the ITL for 2 weeks, NMFS 
will follow the guidance in the ERP to determine whether to prohibit 
fishing by some or all shrimp trawlers, as required, in the offshore 
waters of statistical areas 17, 18, and/or 20 seaward to 10 nm (18.5 
km) from the COLREGS line, for a period of 30 days. Contiguous 
statistical areas or portions of those areas may be included in the 
closure as necessary. These restrictions may apply to gear types/
vessels currently exempted from the TED requirement at 50 CFR 
227.72(e)(2)(ii) (A) and/or (B). Area closures will be promulgated 
through emergency rulemaking notices pursuant to the procedures 
identified at 50 CFR 227.72(e)(6).

Classification

    The AA has determined that this action is necessary to respond to 
an emergency situation to conserve and provide adequate protection for 
endangered and threatened sea turtles pursuant to the ESA and other 
applicable law.
    Because neither section 553 of the Administrative Procedure Act 
(APA), nor any other law requires that general notice of proposed 
rulemaking be published for this action, and under section 603(b) of 
the Regulatory Flexibility Act, an initial Regulatory Flexibility 
Analysis is not required.
    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Pursuant to section 553(b)(B) of the APA, the AA finds there is 
good cause to waive prior notice and opportunity to comment on this 
rule. It is impracticable and contrary to the public interest to 
provide prior notice and opportunity for comment because unusually high 
levels of turtle strandings have been reported in shrimp fishery 
statistical areas 18 and 20 and continue to occur as shrimping 
continues. Any delay in this action will likely result in additional 
fatal takings of listed sea turtles.
    Pursuant to section 553(d) of the APA, the AA finds there is good 
cause to waive the 30-day delayed effective date. In addition to the 
need to protect listed sea turtles, these restrictions are expected to 
impose only a minor burden on shrimp fishermen. The predominant TED 
design in use in the affected area is a bottom-opening hard grid TED. 
Bottom-opening hard grid TEDs can be modified to comply with these 
restrictions in one to two hours. Any webbing flap over the escape 
opening can be shortened in less than ten minutes. Trawlers equipped 
with soft TEDs may be required to move out of the affected area, either 
offshore or alongshore, or to equip their nets with hard TEDs. Hard 
grid TEDs are available for as little as $75.00 and take several hours 
to install. Finally, some fishermen may not elect to equip their try 
nets with hard grid TEDs. These fishermen would then be unable to 
monitor their catch rate during long tows.
    The AA prepared an EA for the final rule (57 FR 57348, December 4, 
1992) requiring TED use in shrimp trawls and establishing the 30-day 
notice procedures. A supplemental EA has been prepared for this action. 
Copies of the EA and the supplemental EA are available (see ADDRESSES).

    Dated: April 27, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
                                                 BILLING CODE 3510-22-P
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[FR Doc. 95-10796 Filed 4-27-95; 4:48 pm]
BILLING CODE 3510-22-C