Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations 24287

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: May 3, 2001.

Margaret E. Lawless,

Acting Executive Associate, Director for

Mitigation.

[FR Doc. 01–12028 Filed 5–11–01; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 223

[Docket No. 010409084–1084–01; I.D.

030601A]

RIN 0648–AP16

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule.

SUMMARY: The National Marine

Fisheries Service (NMFS) issues an

interim final rule to add the double

cover flap Turtle Excluder Device (TED)

to the list of hard TEDs approved for use

by shrimp trawlers operating in the

Atlantic Ocean off the southeastern

United States and in the Gulf of Mexico

and as a TED approved for use without

modification in a closed portion of the

leatherback conservation zone. NMFS is

adding this TED to these lists because

upon completion of the testing protocols

the TED has been found to meet all

criteria for approval. The intent of this

rule is to provide an additional option

by which fishermen can comply with

the requirement that all nets rigged for

fishing in the Atlantic or Gulf Areas

have an approved TED installed for use.

DATES: This interim final rule is

effective May 14, 2001.Comments on

this interim final rule are requested, and

must be received by June 13, 2001.

Comments sent by email or the internet

will not be accepted.

ADDRESSES: Comments on this action

should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Robert Hoffman, 727–570–5312.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. The loggerhead

(Caretta caretta) and green turtle

(Chelonia mydas) 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 trawling

activities has 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

identified in 50 CFR 223.206. The

incidental taking of turtles during

shrimp or summer flounder trawling is

exempted from the taking prohibition of

section 9 of the ESA if the conservation

measures specified in the sea turtle

conservation regulations (50 CFR part

223) are followed. The regulations

require most shrimp trawlers and

summer flounder trawlers operating in

the southeastern United States (Atlantic

Area, Gulf Area, and summer flounder

sea turtle protection area) to have a

NMFS–approved TED installed in each

net that is rigged for fishing to provide

for the escape of sea turtles. TEDs

currently approved by NMFS include

single-grid hard TEDs and hooped hard

TEDs conforming to a generic

description, two types of special hard

TEDs (the flounder TED and the Jones

TED), and one type of soft TED–the

Parker soft TED.

TEDs incorporate an escape opening,

usually covered by a webbing flap, that

allows sea turtles to escape from trawl

nets. To be approved by NMFS, a TED

design must be shown to be 97 percent

effective in excluding sea turtles during

experimental TED testing. Most

approved hard TEDs are described in

the regulations (50 CFR 223.207(a))

according to generic criteria based upon

certain parameters of TED design,

configuration, and installation,

including height and width dimensions

of the TED opening through which the

turtles escape. In the Atlantic Area, the

opening must be at least 35 inches (89

cm) in width and 12 inches (30 cm) in

height. In the Gulf Area, the opening

must be at least 32 inches (81 cm) in

width and 10 inches (25 cm) in height.

Leatherback Contingency Plan

NMFS, in cooperation with the U.S.

Fish and Wildlife Service, South

Carolina Wildlife & Marine Resources

Department, Georgia Department of

Natural Resources, and Florida

Department of Environmental Protection

developed the Leatherback Contingency

Plan to reduce leatherback mortality in

shrimp trawls and, in 1995, NMFS

established the leatherback conservation

zone regulations to implement the

Leatherback Contingency Plan (60 FR

25620, May 12, 1995). Leatherback

turtles are too large to fit through the

standard size TED opening; when

mature they can weigh between 600 and

1300 pounds (273 and 591 kg). The

Leatherback Contingency Plan includes

procedures to identify when and where

TEDs with larger escape openings

should be used to protect leatherbacks

during their annual, spring migration

along the Atlantic seaboard. The

leatherback conservation zone is the

waters north of Cape Canaveral, FL, to

the North Carolina–Virginia border.

Within this zone, weekly aerial surveys

for leatherback sightings are conducted

from January 1 through June 30 of each

year. If sightings, in replicate surveys,

exceed 10 leatherback turtles per 50

nautical miles (nm)(92.6 km) of

trackline, NMFS closes, for a 2-week

period, waters within 1°lat. of the

trackline to shrimp trawlers unless they

use a TED modified with the

leatherback exit opening. There is

currently one approved leatherback

modification for hard TEDs and one for

the Parker soft TED.

Double Cover Flap TED

In June 2000 NMFS tested the new

double cover flap TED design. This

design includes the use of a split flap.

This TED has an escape opening with a

width of 56 inches (142 cm), covered

with a split flap composed of two equal

size rectangular panels. Each panel must

be no less than 58 inches (147 cm) wide

and must not overlap each other by

more than 15 inches (38 cm). The panels

may only be sewn together along the

leading edge of the cut. The edge of the

panels may be attached 6 inches (15 cm)

behind the posterior edge of grid, and

the end of each panel must not extend

more than 6 inches (15 cm) past the

center of the bottom of the grid.

Double Cover Flap TED Testing

A total of ten turtles were exposed to

a double cover flap TED in the bottom

opening configuration. Five of these

turtles were exposed to a double cover

flap TED with the flap extending 24

inches (61 cm) past the grid and the

other five were exposed to a TED with

the flap extending 3 inches (8 cm) past

the grid frame. All ten turtles escaped,

but escape from the short flap TED was

faster by an average of 33 seconds. The

long flap in this configuration also had

trouble maintaining its integrity during

24288 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations

use. After disturbances (i.e., debris or an

animal going through the opening) the

flaps sometimes became caught in the

grid causing large gaps which could

lead to shrimp loss. Shorter flaps (6

inches (15 cm) or less) did not have this

problem.

During the evaluation of the flaps,

gear specialists paid particular attention

to the overlap-split flap and whether it

was capable of re-closing correctly and

repeatedly. Due to the fact that the

individual flap-pieces overlap, once

opened, the bottom flap must fold back

in place before the top flap. During

dives, efforts to distort the two flap

pieces did not affect the manner in

which the flap closed. No matter how

much the diver opened and distorted

the flap, it always closed in the correct

sequence.

This TED was also tested to see if a

large object could easily pass through.

NMFS obtained the carapace

measurements of 15 nesting female

leatherback turtles and used these

measurements to construct a pipe

framed model of a leatherback turtle.

This model measured 40 inches wide by

21 inches deep (102 cm by 53 cm). The

test was performed by a diver swimming

through the trawl with the model and

pushing it through the TED opening.

During this test, the diver was able to

push the model through the opening

with ease. When the model was inverted

(simulating the dorsal surface of the

turtle being against the TED frame), the

diver was still able to push the model

through the opening with ease.

The double cover flap TED was tested

to determine its ability to retain shrimp

when compared to a currently available

commercial TED with a standard flap.

Twenty–four comparative tows were

made. The double cover flap TED

gained 0.00257 pounds of shrimp per

tow when compared to the TED with the

standard flap.

Provisions of the Interim Final Rule

This interim final rule allows the use

of the double cover flap TED in all

trawls required to use a TED in the

Atlantic off the southeastern United

States and the Gulf of Mexico, including

during times when the leatherback

contingency plan has been implemented

due to high concentrations of

leatherback turtles in a specific area.

The double cover flap TED is a

modification of a standard, single–grid

hard TED with the escape opening

enlarged to at least 56 inches (142 cm)

wide and 20 inches (51 cm) forward and

aft, covered with a split flap composed

of two equal size rectangular panels.

Each panel must be no less than 58

inches (147 cm) wide and must not

overlap each other by more than 15

inches (38 cm). The panels may only be

sewn together along the leading edge of

the cut. The edge of the panels may be

attached 6 inches (15 cm) behind the

posterior edge of the grid, and the end

of each panel must not extend more

than 6 inches (15 cm) past the center of

the posterior edge of the grid. Chafing

webbing must not be used with this

TED, as such use would defeat the

center-opening design of this TED. Use

of accelerator funnels with this TED is

prohibited. NMFS is concerned that the

amount of webbing that would have to

be used to construct an accelerator

funnel that is large enough to exclude

leatherback turtles could result in slack

webbing in the throat of the net and

potentially hinder the escape of sea

turtles of all sizes. Although the

regulations for hard TEDs modified to

have an escape opening large enough to

exclude leatherback turtles

(227.207(a)(7)(ii)(B) (1)) currently allow

the use of an accelerator funnel NMFS

is considering proposing a rule which

would prohibit the use of an accelerator

funnel.

Classification

This action has been determined to be

not significant for purposes of Executive

Order 12866.

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. This interim

final rule will not have significant

economic impact on a substantial

number of small entities because the

provisions of the interim final rule

would allow fishermen an additional

TED option. As a result, a regulatory

flexibility analysis was not prepared.

This interim final rule adds a new

TED to the list of TEDs approved for

use, thus helping the fishermen by

giving them one more TED option from

which to choose. Fishermen do not have

to use this new TED (they can continue

to use existing ones if they so choose.)

Accordingly, the agency determined to

permit use of the TED immediately, but

will receive and consider comments

prior to making the interim rule a final

rule.

Because this interim final rule does

not create any new regulatory burden,

but instead relieves regulatory

restrictions by adding an option for

complying with existing sea turtle

conservation requirements, under 5

U.S.C. 553(d)(1) it is not subject to a 30-

day delay in effective date.

List of Subjects in 50 CFR Part 223

Endangered and threatened species,

Exports, Imports, Marine mammals,

Transportation.

Dated: May 8, 2001.

John Oliver,

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,

§ 223.12 also issued under 16 U.S.C. 1361 et

seq.

2. In § 223.207, paragraph (a)(7)(ii)(B)

is revised to read as follows:

§ 223.207 Approved TEDs

* * * * *

(a) * * *

(7) * * *

(ii) * * *

(B) Escape opening for leatherback

turtles— (1) Standard leatherback

opening. A single-grid hard TED escape

opening shall be enlarged to allow

leatherback turtles to escape by cutting

an exit hole in the extension forward of

the TED frame 26 inches (66 cm) deep,

on each side, by 83 inches (211 cm)

across (Figures 12a and 12b to this part).

Excess webbing is removed by cutting

across 1⁄2 mesh forward of the TED

frame. The exit hole cover is made by

cutting a 133-inch (388 cm) by 58-inch

(148 cm) piece of webbing no smaller

than 11⁄2 inch (4 cm) stretch mesh and

no larger than 1 5⁄8 inch (4.2 cm) stretch

mesh. The 133-inch (338 cm) edge of the

cover is attached to the forward edge of

the opening (83-inch (211 cm) edge)

with a sewing sequence of 3:2. The

cover must overlap 5 inches (13 cm) of

the exit hole on each side. The side of

the cover is attached, maintaining the 5-

inch (13 cm) overlap, to the side of the

opening by sewing 28 inches (71 cm) of

the cover to 26 inches (66 cm) of the

opening forward of the TED frame and

by sewing 15 inches (38 cm) of the

extension behind the TED frame. The

cover may extend no more than 24

inches (61 cm) behind the posterior

edge of the TED frame. The

circumference of the exit opening must

be 142 inches (361 cm) when stretched.

If an accelerator funnel is used with a

single-grid hard TED, modified as

above, it must have a minimum

circumference of 142 inches (361 cm).

(2) Double cover flap TED opening. A

single-grid hard TED escape opening

Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations 24289

shall be enlarged to allow leatherback

turtles to escape by cutting an exit hole

in the extension forward of the TED

frame 20 inches (51 cm) deep, on each

side, by 56 inches (142 cm) across.

Excess webbing is removed by cutting

across c mesh forward of the TED frame.

The exit hole cover is made by cutting

two equal size rectangular panels of

webbing with mesh sizes no smaller

than 11⁄2 inch (4 cm) stretch mesh and

no larger than 1 5⁄8 inch (4.2 cm) stretch

mesh. Each panel must be no less than

58 inches (147 cm) wide. The 58-inch

(147 cm) edges of each panel are

attached to the forward edge of the

opening (56-inch (142 cm) edge) with a

sewing sequence of 3:2. When both

panels are attached, they may overlap

each other by no more than 15 inches

(38 cm). The panels may only be sewn

together along the leading edge of the

cut. The panels may not overlap the

escape hole cut by more than 3 meshes

on either side. The outer edges of the

panels may be attached in the same row

of meshes forward and aft. The end of

each panel may not extend more than 6

inches (15 cm) past the posterior edge

of the grid. Accelerator funnels and

chafing webbing may not be used with

this TED. (Figure 16 of this part

illustrates the escape opening and flap

dimensions for the double cover flap

TED.)

* * * * *

3. Figure 16 to part 223-Escape

Opening and Flap Dimensions for the

Double Cover Flap TED is added to read

as follows:

BILLING CODE 3510–22–S

24290 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations

FIGURE 16 TO PART 223—Escape Opening and Flap Dimensions for the Double Cover Flap TED

[FR Doc. 01–12081 Filed 5–11–01; 8:45 am]

BILLING CODE 3510–22–C