60010 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: September 13, 2005. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(335)(i)(A)(3) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(335) * * * 

(i) * * * 

(A) * * * 

(3) Rule 404, adopted on December 

15, 2004. 

* * * * * 

[FR Doc. 05–20603 Filed 10–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2005–WI–0002; FRL–7974–4] 

Approval and Promulgation of 

Maintenance Plan Revisions; 

Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an 

alternative volatile organic compounds 

(VOC) control device for Serigraph, Inc. 

(Serigraph) as a revision to the 

Wisconsin State Implementation Plan 

(SIP). On May 18, 2005, the Wisconsin 

Department of Natural Resources 

submitted a request to revise the 

Wisconsin SIP. The revision approves 

Serigraph’s use of a biofilter to control 

VOC emissions from its printing facility 

in Washington County, Wisconsin. The 

biofilter will achieve VOC emission 

reductions at or beyond the level of the 

control methods listed in the SIP. 

Serigraph has designed one of its plants 

as a permanent total enclosure (PTE), 

which captures all VOC emissions and 

routes them to the biofilter. There are no 

fugitive emissions from the plant. This 

control system will reliably control 

emissions at or below the level of 

Federally mandated emission limits. 

DATES: This rule is effective on 

December 13, 2005, unless EPA receives 

adverse written comments by November 

14, 2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

WI–0002, by one of the following 

methods: Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional RME, 

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–WI–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. This Facility is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6524, 

rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of this document 

and other related information? 

C. How and to whom do I submit 

comments? 

II. What is EPA approving? 

III. What are the changes from the current 

rule? 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60011 

IV. What is EPA’s analysis of the supporting 

material? 

V. What action is EPA taking today? 

VI. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

This action applies to a single 

source—Serigraph, Incorporated in 

Washington County, Wisconsin. 

B. How can I get copies of this document 

and other related information? 

1. The Regional Office has established 

an electronic public rulemaking file 

available for inspection at RME under 

ID No. R05–OAR–2005–WI–0002, and a 

hard copy file which is available for 

inspection at the Regional Office. The 

official public file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking 

file does not include CBI or other 

information the disclosure of which is 

restricted by statute. The official public 

rulemaking file is the collection of 

materials that is available for public 

viewing at the Air Programs Branch, Air 

and Radiation Division, EPA Region 5, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. EPA requests that, if at 

all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 a.m. to 4:30 p.m. 

excluding Federal holidays. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the 

regulations.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on Federal rules that have been 

published in the Federal Register, the 

Government’s legal newspaper, and that 

are open for comment. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

C. How and to whom do I submit 

comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking Region 5 Air 

Docket R05–OAR–2005–WI–0002’’ in 

the subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the proposed rules section 

of this Federal Register. 

II. What is EPA approving? 

EPA is approving a revision to the 

Wisconsin VOC SIP for Serigraph. The 

revision approves Serigraph’s use of a 

biofilter to control VOC emissions from 

several lines in Plant 2 at its facility. 

This is an alternative to the control 

methods listed in the SIP. An alternate 

control method is allowed under section 

NR 422.04(2)(d) of the Wisconsin 

Administrative Code. The biofilter will 

reliably control VOC emissions at a 

similar level with other control 

techniques for surface printing facilities. 

Plant 2 is designed as a PTE, which 

ensures a 100% capture efficiency. An 

80% overall control efficiency for VOC 

emissions is required for this control 

device. Overall control efficiency 

includes both capture and destruction 

efficiencies. Serigraph’s biofilter has 

achieved a greater than 85% overall 

control efficiency. 

III. What are the changes from the 

current rule? 

Southeastern Wisconsin screen 

printers are required to use low solvent 

coatings or a control device to limit 

VOC emissions. This requirement is 

found in section NR 422.04(2) of the 

Wisconsin Administrative Code. The 

control devices allowed are vapor 

recovery systems or vapor incinerators. 

Section NR 422.04(2)(d) adds that a 

printer may use an alternate control 

device if it will reliably control VOC 

emissions to a level at or below the 

applicable emission limit and is 

approved by the Wisconsin Department 

of Natural Resources. Federal approval 

of the alternative control device is 

required for this change to the 

Wisconsin SIP. 

IV. What is EPA’s analysis of the 

supporting material? 

Serigraph is adding a biofilter on its 

Plant 2 printing facility as an alternative 

VOC emissions control device. The 

print room is designed as a PTE 

ensuring all of the print room emissions 

are exhausted into the biofilter. 

Serigraph’s biofilter system consists of 

two humidifiers and two media 

chambers. Each biofilter unit can 

operate independently. This allows for 

emission control even when a unit is 

offline. The print room exhaust goes 

through a humidifier then the warm, 

moist gas stream proceeds into the 

media chamber. Microorganisms in the 

media chemically convert the VOC into 

carbon dioxide and water. Fans in each 

chamber control the rate of the gas 

moving through the media so that 

proper conversion occurs. For 

Serigraph’s system, the media retention 

time should be about 30 seconds. The 

biofilter exhausts through a 25 foot 

stack. Testing of the gas in the print 

room exhaust duct and the biofilter 

exhaust stack will confirm that 

Serigraph’s control device reduces the 

VOC emissions by the required amount. 

The biofilter has been in operation since 

May 1997. An average of 54 tons of VOC 

emissions are vented to the biofilter 

each year. The average exhaust from the 

biofilter is about 8 tons of VOC per year. 

This easily exceeds the 80% control 

requirement. 

V. What action is EPA taking today? 

EPA is approving, through direct final 

rulemaking, revisions to the VOC 

regulations for Serigraph, Inc. in 

Washington County, Wisconsin. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective December 13, 2005, without 

further notice unless we receive relevant 

adverse written comments by November 

14, 2005. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

60012 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

December 13, 2005. 

VI. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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 

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 rule 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 December 13, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 15, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations 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 YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(112) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(112) On May 18, 2005, Wisconsin 

Department of Natural Resources 

submitted a source specific State 

Implementation Plan revision. 

Serigraph, Inc. in Washington County is 

seeking to use an alternative volatile 

organic compounds control device. 

Serigraph, Inc. will use a biofilter to 

control volatile organic compound 

emissions from sources in its Plant 2. 

This is considered an equivalent control 

system under section NR 422.04(2)(d) of 

the Wisconsin Administrative Code 

because it will reliably control 

emissions at or below the level of the 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60013 

applicable emission limits, Wisconsin 

Administrative Code section NR 

422.145. 

(i) Incorporation by reference. 

Department of Natural Resources 

Findings of Fact, Conclusions of Law, 

and Decision AM–04–200 dated 

November 24, 2004. 

[FR Doc. 05–20604 Filed 10–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222 and 223 

[Docket No. 051007258–5258–01; I.D. 

100505D] 

RIN 0648–AT96 

Sea Turtle Conservation; Shrimp 

Trawling Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS issues this temporary 

rule for a period of 30 days, to allow 

shrimp fishermen to use limited tow 

times as an alternative to Turtle 

Excluder Devices (TEDs) in state and 

Federal waters off Cameron Parish, 

Louisiana (approximately 92°37′ W. 

long.), westward to the boundary shared 

by Matagorda and Brazoria Counties, 

Texas, and extending offshore 50 

nautical miles. This action is necessary 

because environmental conditions 

resulting from Hurricane Rita are 

preventing some fishermen from using 

TEDs effectively. 

DATES: Effective from October 11, 2005 

through November 10, 2005. 

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the Chief, 

Marine Mammal Division, Office of 

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

20910. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, 727–551–5794. 

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) 

turtles are listed as endangered. The 

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. 

Sea turtles are incidentally taken, and 

some are killed, as a result of numerous 

activities, including fishery-related 

trawling activities in the Gulf of Mexico 

and along the Atlantic seaboard. Under 

the ESA and its implementing 

regulations, the taking of sea turtles is 

prohibited, with exceptions identified 

in 50 CFR 223.206(d), or according to 

the terms and conditions of a biological 

opinion issued under section 7 of the 

ESA, or according to an incidental take 

permit issued under section 10 of the 

ESA. 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 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, see 50 CFR 

223.206) to have a NMFS-approved TED 

installed in each net that is rigged for 

fishing to allow sea turtles to escape. 

TEDs currently approved by NMFS 

include single-grid hard TEDs and 

hooped hard TEDs conforming to a 

generic description, the flounder TED, 

and one type of soft TED the Parker soft 

TED (see 50 CFR 223.207). 

TEDs incorporate an escape opening, 

usually covered by a webbing flap, 

which 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 testing based upon specific 

testing protocols (50 CFR 223.207(e)(1)). 

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. 

The regulations governing sea turtle 

take prohibitions and exemptions 

provide for the use of limited tow times 

as an alternative to the use of TEDs for 

vessels with certain specified 

characteristics or under certain special 

circumstances. The provisions of 50 

CFR 223.206(d)(3)(ii) specify that the 

NOAA Assistant Administrator for 

Fisheries (AA) may authorize 

compliance with tow time restrictions 

as an alternative to the TED requirement 

if the AA determines that the presence 

of algae, seaweed, debris, or other 

special environmental conditions in a 

particular area makes trawling with 

TED-equipped nets impracticable. The 

provisions of 50 CFR 223.206(d)(3)(i) 

specify the maximum tow times that 

may be used when tow time limits are 

authorized as an alternative to the use 

of TEDs. Each tow may be no more than 

55 minutes from April 1 through 

October 31 and no more than 75 

minutes from November 1 through 

March 31, as measured from the time 

that the trawl doors enter the water until 

they are removed from the water. These 

tow time limits are designed to 

minimize the level of mortality of sea 

turtles that are captured by trawl nets 

not equipped with TEDs. 

Recent Events 

On September 27, 2005, the NMFS 

Southeast Regional Administrator 

received requests from the Louisiana 

Department of Wildlife and Fisheries 

(LADWF) and the Texas Parks and 

Wildlife Department (TPWD) to allow 

the use of tow times as an alternative to 

TEDs in state and federal waters because 

of the presence of excessive stormrelated debris on the fishing grounds as 

a result of Hurricane Rita. When a TED 

is clogged with debris, it can no longer 

catch shrimp effectively nor can it 

effectively exclude turtles. Phone 

conversations between NMFS Southeast 

Region′s Protected Resources staff, 

fishermen, and state resource agency 

staffs confirm there are problems with 

debris in state and Federal waters off 

Louisiana, westward to the boundary 

shared by Matagorda and Brazoria 

Counties, Texas, and extending offshore 

50 nautical miles, which are likely to 

affect the effectiveness of TEDs. 

Special Environmental Conditions 

The AA finds that debris washed into 

state and Federal waters by Hurricane 

Rita off Cameron Parish, Louisiana 

(approximately 92°37′ W. long.), 

westward to the boundary shared by 

Matagorda and Brazoria Counties, 

Texas, and extending offshore 50 

nautical miles, has created special 

environmental conditions that make 

trawling with TED-equipped nets 

impracticable. Therefore, the AA issues 

this notification to authorize the use of 

restricted tow times as an alternative to 

the use of TEDs in state and federal 

waters off Cameron Parish, Louisiana 

(approximately 92°37′ W. long.), 

westward to the boundary shared by 

Matagorda and Brazoria Counties, 

Texas, and extending offshore 50 

nautical miles, for a period of 30 days. 

Tow times must be limited to no more