[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19885-19886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9877]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 040495C]


Endangered and Threatened Wildlife; Notice of Availability of the 
Sea Turtle/Shrimp Fishery Emergency Response Plan

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

ACTION: Notice of availability.

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SUMMARY: NMFS announces the availability of an Emergency Response Plan 
(ERP) for protecting sea turtles in shrimp fishery operations. The ERP 
provides a general statement of policy with respect to NMFS' 
enforcement practice and use of future rulemaking in response to 
elevated sea turtle strandings associated with shrimping effort and 
ensures compliance with sea turtle conservation regulations.

DATES: The Sea Turtle/Shrimp Fishery Emergency Response Plan (ERP) 
describes NMFS policy as of March 14, 1994.

ADDRESSES: Persons wishing to obtain a copy of the ERP should address 
correspondence to the Protected Species Branch, National Marine 
Fisheries Service, Southeast Regional Office, 9721 Executive Center 
Drive, St. Petersburg, FL, 33702 telephone: 813-570-5312.

[[Page 19886]] FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 
813-570-5312, or Russell Bellmer, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 7 of the Endangered Species Act (ESA), 16 
U.S.C. 1531 et seq., NMFS consults on shrimp fishing operations in the 
southeastern United States that may affect sea turtles listed as 
threatened or endangered under the ESA. These shrimp fishing operations 
are managed, in part, under the Gulf of Mexico Shrimp Fishery 
Management Plan and the South Atlantic Shrimp Fishery Management Plan, 
both implemented pursuant to the Magnuson Fisheries Management and 
Conservation Act, 16 U.S.C. 1801 et seq., and the Sea Turtle 
Conservation Regulations at 50 CFR 227.72, implemented under the ESA.
    Unprecedented levels of sea turtle stranding levels in Texas, 
Louisiana, and Georgia associated with shrimp fishing during 1994 
resulted in a reinitiation of consultation pursuant to 50 CFR 402.16 on 
shrimp fishing in the southeastern United States. The resulting 
Biological Opinion (Opinion), issued on November 14, 1994, concluded 
that continued long-term operation of the fishery under the current 
management regime was likely to jeopardize the continued existence of 
the Kemp's ridley and prevent the recovery of loggerheads, but 
identified a reasonable and prudent alternative to allow the fishery to 
continue while avoiding jeopardy. One of the components of the 
alternative was to develop an ERP by March 14, 1995, to ensure 
compliance with sea turtle conservation regulations and respond to sea 
turtle stranding events. The ERP provides internal guidance and policy 
on NMFS' enforcement efforts and seeks to use future rulemaking to meet 
these goals. The ERP is available for public information, and NMFS will 
accept public comments.
    The scope of the ERP extends to waters 10 nautical miles (18.5 km) 
seaward of the COLREGs demarcation line (72 COLREGs) as described in 33 
CFR part 80. This includes offshore waters, and does not include bays, 
estuaries and sounds.
    The Opinion includes an incidental take statement identifying the 
expected impact of takings as a result of shrimp fishing. The Opinion 
provides that strandings of sea turtles will be considered an indicator 
of nearshore mortality resulting from shrimp fishing during periods 
when 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 the strandings. The ERP 
provides procedures for notification of strandings by Sea Turtle 
Stranding and Salvage Network coordinators to NMFS. The ERP also 
provides procedures for public dissemination of stranding report 
summaries, enforcement activities, and management measures.
    In addition, the ERP provides internal guidelines for enforcement 
actions and future management measures to be implemented through 
rulemaking. The purpose of the ERP in providing this guidance is to 
take a progressive approach in avoiding increased levels of strandings 
as those levels approach the incidental take level identified in the 
Opinion.
    The ERP identifies two areas in which strandings of Kemp's ridley 
sea turtles are historically high: The Northern Gulf Interim Special 
Management Area, including waters off Louisiana and Texas, and the 
Atlantic Special Management Area, including waters off northeast 
Florida and Georgia, from the COLREGS line out to 10 nautical miles 
(18.5 km). From April 1 through November 30, members of a trained 
Turtle Excluder Device (TED) law enforcement team will investigate 
compliance with TED regulations in these areas. If strandings exceed 75 
percent of the weekly incidental take levels, identified in the 
Opinion, for 2 consecutive weeks, management measures will be 
implemented through separate rulemaking pursuant to 50 CFR 227.72(e)(6) 
and the Administrative Procedure Act, 5 U.S.C. 551 et seq. (APA). These 
measures will remain in effect for 30 days in those NMFS statistical 
zones in which elevated strandings occur and adjacent statistical zones 
(or portions of adjacent zones), seaward of the COLREGs line to 10 
nautical miles (18.5 km). These measures 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 legal 
TEDs; and
    4. Prohibition of the use of flaps over the escape opening of TEDs.
    Changes to the size and extent of the restricted area, or 
modification of restrictions, may be required through additional 
rulemaking effective for 30 days.
    Continued elevated strandings associated with shrimping effort 
after the above restrictions have been implemented may result in 
closures to shrimp fishing in the NMFS statistical zones in which 
elevated strandings occur and adjacent statistical zones (or portions 
of adjacent zones), seaward of the COLREGs line to 10 nautical miles 
(18.5 km). Area closures, if necessary, will be implemented through 
separate rulemaking pursuant to the procedures identified at 50 CFR 
227.72(e)(6) and the APA. Changes to the size and extent of the area 
closures, or modification of restrictions, may be required, through 
additional rulemaking, effective for 30 days.
    The ERP further provides for procedures in the event that the 
Agency determines that such management measures are not necessary 
despite elevated stranding levels.
    Lastly, the ERP provides for stranding notification procedures, 
procedures regarding enforcement efforts, and procedures for taking 
management measures in areas outside the Interim Special Management 
Areas.
    The Opinion, in addition to the ERP, requires a number of other 
management initiatives. In fulfilling these requirements, permanent 
rules may be prepared establishing special sea turtle management areas 
and/or contingency restrictions to the shrimp fishery. Such rulemaking 
will be done through normal rulemaking procedures, including 
publication of a proposed rule with a public comment period and, as 
appropriate, public hearings, prior to publication of a final rule and 
delayed effective date.

    Dated: April 5, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 95-9877 Filed 4-20-95; 8:45 am]
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