Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33377

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–121; RM–8660]

Radio Broadcasting Services; Dearing,

KS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of William Bruce Wachter, allots

Channel 251A to Dearing, Kansas, as the

community’s first local aural

transmission service. See 60 FR 38785,

July 28, 1995. Channel 251A can be

allotted to Dearing in compliance with

the Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 251A at Dearing

are 37–03–31 and 95–42–47. With this

action, this proceeding is terminated.

DATES: Effective August 3, 1996. The

window period for filing applications

will open on August 3, 1996, and close

on September 3, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–121,

adopted May 9, 1996, and released June

19, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW., Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Kansas, is amended

by adding Dearing Channel 251A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–16345 Filed 6–26–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[Docket No.950427119–6179–07; I.D.

061496A]

RIN 0648–AH98

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawling

Activities; Additional Turtle Excluder

Device Requirements Within Certain

Fishery 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 the nearshore waters off

Georgia to protect sea turtles; request for

comments.

SUMMARY: NMFS is imposing, for a 30-

day period, additional restrictions on

shrimp trawlers fishing in the Atlantic

Area in inshore waters and offshore

waters out to 10 nautical miles

(nm)(18.5 km) from the COLREGS line,

between the Georgia-Florida border and

the Georgia-South Carolina border. This

area includes inshore and nearshore

waters in NMFS fishery statistical Zone

31, a small part of the southern portion

of statistical Zone 32, and

approximately 18 miles (29.0 km) of the

northern portion of statistical Zone 30.

The restrictions include prohibitions

on the use of soft turtle excluder devices

(TEDs) and try nets with a headrope

length greater than 12 ft (3.6 m) or a

footrope length greater than 15 ft (4.5

m), unless the try nets are equipped

with approved TEDs other than soft

TEDs. This action is necessary to ensure

protection for sea turtles and to prevent

the continuation of high levels of

mortality and strandings of threatened

and endangered sea turtles.

DATES: This action is effective June 24,

1996 through 11:59 p.m. (local time)

July 24, 1996.

Comments on this action must be

submitted by July 24, 1996.

ADDRESSES: Comments on this action

and requests for a copy of the

environmental assessment (EA) or

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

Therese A. Conant, 301–713–1401.

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. 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 (as

defined in 50 CFR 217.12) 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 and Atlantic Areas 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 (ITS) or incidental take

permit. Upon a determination that

incidental takings of sea turtles during

fishing activities are not authorized,

additional restrictions may be imposed

to conserve listed species and to avoid

unauthorized takings. Restrictions may

be effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each (50 CFR

227.72(e)(6)).

Under NMFS’ regulatory authority to

implement further restrictions to fishing

activities in order to prevent
33378 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

unauthorized takings, temporary

additional restrictions were imposed on

shrimp fishing several times during

1995. Sea turtle stranding events and

related shrimping activities in 1995 are

discussed in detail in the temporary

requirements implemented in nearshore

waters along two sections of the Texas

and Louisiana coast on April 30, 1995

(60 FR 21741, May 3, 1995), along the

Georgia coast on June 21, 1995 (60 FR

32121, June 20, 1995), along the entire

Texas coast and the western portion of

Louisiana pursuant to a court order on

August 3, 1995 (60 FR 44780, August

29, 1995), and along Georgia and the

southern portion of South Carolina on

August 11, 1995 (60 FR 42809, August

17, 1995). Descriptions of these rules,

restrictions, and reasons therefor, are

provided in the preamble to the rules

and are not repeated here.

On September 13, 1995 (60 FR 47544),

NMFS published an Advance Notice of

Proposed Rulemaking (ANPR), which

announced that it was considering

proposing regulations that would

identify special sea turtle management

areas in the southeastern Atlantic and

Gulf of Mexico and impose additional

conservation measures to protect sea

turtles in those areas. After reviewing

over 900 comments, including two

industry proposals, NMFS published a

proposed rule (61 FR 18102, April 24,

1996) that would impose permanent

measures to more effectively protect sea

turtles from incidental capture and

mortality in the shrimp trawl fishery.

Measures contained in the proposed

rule to strengthen the sea turtle

conservation measures are: Removing

the approval of the use of all soft turtle

excluder devices (TEDs) effective

December 31, 1996; requiring by

December 31, 1996, the use of NMFSapproved hard TEDs in try nets with a

headrope length greater than 12 ft (3.6

m) or a footrope length greater than 15

ft (4.6 m); establishing Shrimp Fishery

Sea Turtle Conservation Areas

(SFSTCAs) in the northwestern Gulf of

Mexico consisting of the offshore waters

out to 10 nm(18.5 km) along the coasts

of Louisiana and Texas from the

Mississippi River South Pass (west of

89°08.5′ W. long.) to the U.S.-Mexican

border, and in the Atlantic consisting of

the inshore waters and offshore waters

out to 10 nm (18.5 km) along the coasts

of Georgia and South Carolina from the

Georgia-Florida border to the North

Carolina-South Carolina border; and,

within the SFSTCAs, removing the

approval of the use of all soft TEDs,

imposing the new try net restrictions,

and prohibiting the use of bottomopening hard TEDs, effective 30 days

after publication of the final rule. The

comment period on the proposed rule

originally extended through June 10,

1996, during which time 10 public

hearings were held throughout the

southeastern United States. In response

to several requests for an extension of

the comment period, NMFS has

reopened the comment period on the

proposed rule through July 15 to

provide further opportunity to submit

comments and review additional

analyses, including the preliminary

report scheduled to be submitted by

June 28, 1996, by the sea turtle expert

working group. The formation of this

group of scientists to analyze existing

databases to determine sea turtle

population abundance, population

trends, and sustainable take levels was

a requirement of the November 14,

1994, biological opinion.

Recent Events

Reports of increased turtle strandings

in Georgia began during May of 1996.

By the end of the month, turtle

strandings in Georgia had risen to the

highest levels for the month of May

since 1987, when TEDs were not

required. In May 1996, 60 turtles were

reported stranded in Georgia. The level

of reported turtle strandings in Georgia

had been averaging only 28 turtles

during the month of May since the

implementation of TED requirements in

1988. Not only did the total of 60

stranded turtles in May 1996 more than

double the previous average, but 10 of

the stranded animals were the highly

endangered Kemp’s ridley sea turtle.

High strandings have continued in

Georgia in the beginning of June, with

a total of 15 strandings reported

between June 1 and June 7.

Georgia state waters generally open to

shrimping on June 1 each year. Prior to

the opening of state waters, shrimping

only occurs in the Federal waters

beyond 3 nm (5.6 km) from shore. Early

season shrimp resource surveys

conducted by the Georgia Department of

Natural Resources in 1996 revealed

extremely low shrimp abundance in the

sounds north of St. Simon’s Sound. The

harsh winter was likely responsible for

the poor shrimp abundances in the

north. The poor shrimp recruitment

rates have caused the opening of

Georgia waters to be delayed until June

24, to provide additional time for

shrimp to mature. Shrimp fishing effort

off of the southern portion of Georgia

has been high, even before the opening

of state waters, and effort has been

concentrated off of a few particular

areas. Vessels from North and South

Carolina have also been fishing off of

Georgia due to poor shrimp abundances

in their more northerly home states.

Trawlers are concentrated just outside

state waters, generally in a narrow strip

3 to 4 nm (5.6 km to 7.4 km) from shore.

The overall level of fishing effort off

Georgia has been steadily increasing

since late April, in concert with rising

stranding levels. A series of aerial

surveys for natural resource purposes

has documented the increasing number

of boats fishing in Federal waters off of

Georgia with the following boat counts:

On April 4, 0 trawlers; on April 11, 0

trawlers; on April 23, 2 trawlers; on

April 29, 13 trawlers; on May 7, 63

trawlers; On May 14, 99 trawlers; on

May 21, 81 trawlers; on May 30, 84

trawlers; and on June 4, 158 trawlers.

Most of the vessels seen were

concentrated off the openings of

Georgia’s southerly sounds: Cumberland

Sound, St. Simons Sound, and St.

Andrew Sound. The turtle strandings in

May have also been concentrated on

Georgia’s southerly islands:

Cumberland, Little Cumberland, Jekyll,

and St. Simons Islands. Onshore winds

have created favorable conditions for

turtles to strand, even if they may have

died outside of state waters, and the

strandings have been distributed

downwind of the shrimping

concentrations.

NMFS is concerned that the opening

of Georgia state waters to shrimping on

June 24 will result in very high levels

of fishing effort and pose a threat to sea

turtles. Trawling along the beaches will

commence around the time of peak

nesting for female loggerheads in

Georgia. The pulse of fishing effort

immediately following the opening will

likely be very heavy. Not only Georgiabased fishers, but many Florida, North

Carolina, and South Carolina fishers

will work Georgia waters. The numbers

of North and South Carolina boats

operating in Georgia this year may be

greater than usual, because the shrimp

abundance will likely be better in

Georgia than in their home state waters.

NMFS has held discussions with shrimp

industry and managers in Georgia and

South Carolina regarding coordinating

the opening dates of each state’s waters

to shrimping, which would prevent

successive pulses of high effort in each

state. Due to this year’s shrimp stock

status, however, a coordinated date was

not agreed upon. South Carolina state

waters opened to shrimping on June 6,

1996, and approximately 125 boats were

observed working in state and Federal

waters off South Carolina on June 7.

This relatively low effort level is

indicative of unfavorable shrimping

conditions in South Carolina and the

probability for a large shift of effort to

Georgia when state waters open there.
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33379

Analysis of Other Factors

Examination of the strandings in

Georgia does not indicate any

significant sources of mortality other

than shrimp trawling. The carcasses

have primarily been coming ashore

directly downwind of areas in which

shrimping effort has been concentrated.

NMFS and state personnel will continue

to investigate factors other than

shrimping that may contribute to sea

turtle mortality in Georgia, including

other fisheries and environmental

factors.

Comments on the Proposed Rule

NMFS has been receiving comments

on the proposed rule to revise the sea

turtle conservation requirements and

has also held 10 public hearings on the

proposed rule. NMFS will make a

complete response to all of the

comments received on the proposed

rule when the comment period closes

and before taking any final action on the

proposed rule. Many of the comments

received to date, and in particular the

statements presented at the public

hearing in Brunswick, GA on May 24,

1996, are germane to the recent events,

the measures being taken in this action,

and the area and the shrimpers being

affected by this action. Therefore, NMFS

believes it is useful to address briefly

some of those comments at this time as

they relate to the present action. The

discussion that follows provides NMFS’

preliminary views and responses to the

comments, and will be more fully

addressed in the final decision

regarding the proposed rule.

The proposed reduction of the size of

try nets that are exempt from TED

requirement drew numerous comments,

ranging from total support to total

opposition. Most fishers who

commented on this proposal indicated

that requiring TEDs in large try nets

with 20 ft (6.1 m) headrope lengths

would not be inappropriate, but that the

12 ft (3.7 m) headrope length and 15 ft

(4.6 m) footrope length of the proposed

rule was too small. Many of these

fishers indicated that they preferred to

use try nets of 15 or 16 ft (4.6 or 4.9 m)

headrope lengths and that reducing the

size of TED-exempt try nets, but still

allowing the use of 15 or 16 ft (4.6 or

4.9 m) try nets without TEDs, would be

acceptable to them. Objections to

requirements for TEDs in try nets

smaller than 15 ft (4.6 m) headrope

length included alleged difficulty in

handling the try net with a TED

installed, the need to use a large try net

in order to sample for white shrimp, and

impossibility of installing TEDs in try

nets. Many of the comments revealed

the misconception that the proposed

rule would completely prohibit the use

of try nets greater than 12 ft (3.7 m)

headrope length or 15 ft (4.6 m) footrope

length. Under the proposed rule, fishers

would be able to use any try net larger

than 12 ft (3.7 m) headrope length or 15

ft (4.6 m) footrope length so long as a

TED was installed. Fishers who felt that

a large try net—20 ft (6.1 m) headrope

length, for example—was necessary for

sampling white shrimp could still use

that try net, but a TED would have to

be installed to exclude any turtles

captured by the try net.

NMFS gear experts have examined

TED installations in various sizes of try

nets. Successful installations of NMFSapproved TEDs, were made in try nets

with headrope lengths of 20, 15, 12, and

10 ft (6.1, 4.6, 3.7, and 3.0 m). The

effectiveness of the TEDs did not appear

to be reduced by installation in the try

nets, when a small sample of juvenile

turtles were introduced into the TEDequipped try nets. All of the try nets

tested were bib trawls, a net type that

opens high off the bottom and is

preferred for sampling white shrimp.

The TED-equipped try nets exhibited no

problems with gear deployment or

retrieval at any of the tested try net

sizes. The only observed problem with

TED installation in the try nets was a

slight loss of net spread in the smaller

net sizes due to the restriction of net

stretching at the throat of the net where

the TED is attached. The observed loss

of net spread could be compensated

with the installation of slightly larger

trawl doors on the try net.

As discussed in the proposed rule,

NMFS has conducted an additional

study to clarify the relationship between

try net headrope length and the rate of

sea turtle captures. In March 1996,

NMFS examined the sea turtle capture

rates of three sizes of try net (12, 15, and

20 ft (3.7, 4.6, 6.1 m) headrope length)

in Canaveral Channel, FL, an area of

high sea turtle abundance. In 100

simultaneous, short-duration tows of the

three try nets, 35 turtles were caught: 17

in the 20 ft (6.1 m) net, 10 in the 15 ft

(4.6 m) net, and 8 in the 12 ft (3.7 m)

net. Thus, the number of turtles

captured increased as net size increased.

The catch per unit effort (CPUE), which

standardizes catch rates by 100 ft (30.5

m) of headrope length hours fished for

the three net sizes were 1.70, 1.33, and

1.33 for the 20 ft, 15 ft, and 12 ft (6.1,

4.6, 3.7 m) headrope length try nets,

respectively. These adjusted CPUEs

were not significantly different and

indicate that all try nets capture turtles

at approximately the same rate,

proportional to headrope length.

In summary, TEDs can be effectively

installed in large and small try nets,

with very minor or no operational

changes, and they should be effective in

excluding captured turtles. The TEDs

are compatible with large try nets and

bib-type try nets that can be used for

sampling white shrimp. NMFS believes

that allowing 15 or 16 ft (4.6 or 4.9 m)

headrope length try nets to remain

exempt from TED requirements, as

proposed by some commenters, would

result in sea turtles being provided with

little additional protection, as many

shrimpers would continue to use the

larger try nets and to capture turtles at

the same rate without the possibility of

escape through TEDs. The proposed

exemption of try nets with a 12 ft (3.7

m) headrope length and 15 ft (4.6 m)

footrope length or less would provide

greater sea turtle protection, in that

fishers will be able to either use TEDs

in larger try nets or use try nets of a

smaller size, that are readily

commercially available and that will

reduce the rate of turtle capture due

solely to its size. Smaller size try nets

also have only a small tail bag to

accumulate shrimp catch. Thus, there

would be little incentive to use a small

try net longer than necessary to monitor

shrimp catch rates.

The proposal to remove the approval

of soft TEDs also drew numerous

comments, again ranging from

opposition to support. Fishers and other

commenters from the Southeast Atlantic

area generally concurred that soft TEDs

were not as effective as hard TEDs in

excluding turtles. Many commenters

from this area believe that banning soft

TEDs is a reasonable measure to attempt

to reduce sea turtle mortality and

strandings. Some commenters from the

Gulf of Mexico shrimp fishery objected

to the removal of the approval of all soft

TEDs, however. While agreeing that the

Morrison, Taylor, and Parrish soft TEDs

may not be effective and should be

disapproved, many commenters stated

that the evidence regarding the

performance of the Andrews soft TED

was not sufficient to justify

disapproving it, and that the Andrews

TED had many positive qualities

justifying its continued use. In response

to these comments, NMFS has

undertaken additional studies,

including observations of Andrews TED

performance versus hard TED

performance on the commercial

shrimping grounds and is in the process

of examining the turtle exclusion

abilities of commercially available

Andrews soft TEDs. NMFS will make a

complete response, including the results

of the additional studies regarding the
33380 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

Andrews soft TED, once all studies are

completed and before taking any final

action on the proposed rule. The

Andrews TED is believed to be used

only rarely in the Atlantic shrimping

grounds, where the Morrison is the

preferred soft TED.

The measure of the proposed rule that

was most vigorously and frequently

opposed by commenting fishers and

other shrimp industry representatives in

the Southeastern Atlantic Area was the

prohibition on the use of bottomopening hard TEDs in the proposed

Atlantic SFSTCA. One conservation

organization—Earth Island Institute—

and the state departments of natural

resources in both Georgia and South

Carolina also objected to the proposed

bottom-opening TED ban. Commenters

stated that bottom-opening hard TEDs

are necessary to exclude the large

amounts of bottom debris that occur in

their fishing areas. They also stated that

top-opening hard TEDs are more likely

than bottom-openers to twist, which

would lose shrimp and entangle turtles

and also that top-opening TEDs were

likely to bog down and cause the entire

TED and tailbag to be torn off. Some

commenters stated that the longer

escape times of turtles in bottomopening hard TEDs versus top-opening

hard TEDs and prolonged submergences

resulting from repeated captures were

not sufficiently convincing reasons for

restricting the use of bottom-opening

hard TEDs. Many commenters asked

that restrictions on the use of bottomopening TEDs not be implemented

before other sea turtle protective

measures are implemented and

evaluated for their effectiveness.

NMFS has repeatedly tried to verify

the reported problems of twisting,

clogging, and torn off top-opening TEDs

but has generally been unable to do so.

The preference of Louisiana shrimpers

for top-opening hard TEDs in areas with

extremely trashy bottoms does not

support a systematic operational

problem with top-opening hard TEDs.

Nonetheless, NMFS recognizes that

fishers in the Atlantic have

predominantly used bottom-opening

hard TEDs, were among the first to

begin widespread use of TEDs, and have

experience and a strong preference for

this gear type. NMFS remains concerned

that bottom-opening hard TEDs that are

not properly floated or weighed down

with debris will prevent turtle escape

because the escape opening is blocked

by the sea floor, and that bottomopening hard TEDs are less efficient

than top-opening hard TEDs in releasing

turtles, with turtles taking

approximately twice as long to escape,

even under ideal conditions. In

controlled testing of TEDs, however,

properly floated bottom-opening hard

TEDs have always shown excellent

success at sea turtle exclusion, albeit at

a somewhat slower rate than for topopening hard TEDs. NMFS is currently

conducting additional testing on the

relative effectiveness and advantages of

top- and bottom-opening hard TEDs.

Pending the results of this testing,

NMFS believes that capture in try nets

and ineffective soft TEDs poses a greater

threat to sea turtles than bottom-opening

hard TEDs, due to a lesser likelihood of

escape from soft TEDs and the longer

forced submergences in try nets. For this

reason, NMFS is not including

restrictions on the use of bottomopening TEDs in this temporary rule,

although it is a component of the

proposed rule. However, continued

elevated strandings following the

implementation of the conservation

measures in this action may result in

increased gear restrictions or area

closures.

Some Georgia fishers offered a

proposal that they felt would address

the problem of the adverse effects of

heavy shrimping effort. These fishers

advocated a nighttime closure of Federal

waters to shrimping, at least during the

early part of the shrimping season. The

recommended nighttime closure would

be compatible with Georgia state laws

that prohibit trawling between 8 p.m.

and 5 a.m. eastern standard time.

Enforcement of closures in state waters

would be greatly enhanced by

cooperating Federal action and a

coordinated state-Federal closure may

also be a boon to local, primarily

daytime, shrimpers by reducing the

pressure to fish around the clock.

Traditionally, white shrimp are

primarily caught during the day, while

brown shrimp are primarily pursued at

night. Unfortunately commenters have

not provided NMFS with any data that

would allow an assessment of the

possible impacts of a nighttime closure

in Federal waters on shrimp catch, catch

allocation, or effort reduction and the

possible benefits to sea turtles. If NMFS

can determine that the benefits to sea

turtles from nighttime closures of

Federal waters off Georgia would be

significant and would be compatible

with other resource management goals,

nighttime closures may be pursued

through a future rulemaking action.

NMFS requests the public to submit any

relevant information on the impacts of

nighttime closures of Federal waters off

of Georgia.

Restrictions on Fishing by Shrimp

Trawlers

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 incidental takings during

fishing activities if the takings would

violate the restrictions, terms or

conditions of an ITS or incidental take

permit, or may be likely to jeopardize

the continued existence of a species

listed under the ESA. The June 11, 1996

biological opinion includes a condition

under the ITS that specifies that NMFS

must respond to stranding events the

reach unacceptable levels based on

historical events. If investigations

suggest that management action is

necessary in areas of high shrimping

effort, temporary additional restrictions

will be required pursuant to 50 CFR

227.72(e)(6). Historically, Georgia

fishers have exhibited a high degree of

cooperation with existing regulations.

Therefore, it does not appear that the

recent high level of strandings along the

Georgia coast are a result of noncompliance with existing sea turtle

conservation measures. Based on the

foregoing analysis of relevant factors

and the biological opinion prepared in

conjunction with this action pursuant to

Section 7 of the ESA, the AA has

determined that continued takings of

sea turtles by shrimp fishing off Georgia

are unauthorized, are likely to continue

if no action is taken, and would violate

the terms and conditions of the

incidental take statement of the June 11,

1996 biological opinion and therefore

takes this action.

The measures that NMFS is

implementing include:

1. Prohibition of the use of soft TEDs;

and

2. Prohibition of the use of try nets,

with a headrope length greater than 12

ft (3.7 m) or a footrope length greater

than 15 ft (4.6 m), unless the try nets are

equipped with NMFS-approved hard or

special hard TEDs.

These restrictions are being applied in

inshore waters and offshore waters

seaward to 10 nm (18.5 km) along the

Georgia coast, between the GeorgiaFlorida border and the Georgia-South

Carolina border. This area includes

inshore and nearshore waters in NMFS

fishery statistical Zone 31, a small part

of the southern portion of statistical

Zone 32, and approximately 18 miles

(29.0 km) of the northern portion of

statistical Zone 30. Under 50 CFR

217.12, offshore waters are defined as

marine and tidal waters seaward of the

72 COLREGS demarcation line

(International Regulations for

Preventing Collisions at Sea, 1972), as
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33381

depicted or noted on nautical charts

published by NOAA (Coast Charts,

1:80,000 scale) and as described in 33

CFR part 80; inshore waters are those

marine and tidal waters shoreward of

the COLREGS line. For the purpose of

this rule only, notwithstanding any

other definitions that may exist, the

Georgia-South Carolina border in the

Atlantic Ocean is defined to be the line

segment connecting the points

32°02′30.6′′ N. lat., 080°51′03.0′′ W.

long. (the seaward tip of the jetty

protecting the north side of the mouth

of the Savannah River) and 31°58′46.8′′

N. lat., 080°38′21.0′′ W. long.(a point

exactly 10 nm (approximately 18.5 km)

seaward of the nearest land at Tybee

Island and located on the line extending

in a direction of 109° from true north

from the previous point), and the

Georgia-Florida border in the Atlantic

Ocean is defined as the line along

30°42′45.6′′ N. lat.

Pursuant to 50 CFR 227.72(e)(4)(iii)

soft TEDs have been certified and

approved for use. However, the use of

soft TEDs by the shrimping fleet has

been associated with elevated sea turtle

strandings. Because of the inherent

properties of synthetic webbing, soft

TEDs are difficult to install properly and

once installed, their actual in-water

configuration, shape, and performance

cannot be determined even by

professional net makers. Furthermore,

changes made by a trawler captain to

the fishing configuration of a net to

match fishing conditions—such as

changing door sizes or angles, adding

flotation to the headrope, or adjusting

center bridle tension on tongue or bib

trawls—and the accumulation of catch

and debris in the trawl will all affect the

shape of the soft TED and thus its

effectiveness at releasing turtles. A more

complete explanation for the

prohibition of soft TEDs is provided in

the temporary rulemakings

implemented by NMFS last year and in

the proposed rule, and is not repeated

here.

Pursuant to 50 CFR

227.72(e)(2)(ii)(B)(1), try nets up to 20 ft

(6.1 m) headrope length 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 two mortalities, have

been documented by NMFS, and

anecdotal accounts suggest multiple sea

turtle captures in try nets are occurring

in Georgia waters. The original

assumption by NMFS that try nets are

only towed for short periods of time

now appears to be invalid. In addition

to numerous anecdotal reports from

shrimpers to this effect, NMFS gear

specialists have observed shrimpers

regularly towing try nets for periods

well over an hour. Since long try net

tows defeat the purpose of assessing

catch rates, the apparent intention of

these long tows is to use the try nets as

auxiliary nets to increase the overall

shrimp capture, using a TED-less net.

Such use of try nets may be seriously

contributing to turtle capture, mortality,

and strandings.

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,

§ 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 § 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 on June 24, 1996

through 11:59 p.m. (local time) July 24,

1996, fishing by shrimp trawlers in

inshore waters and offshore waters

seaward to 10 nm (18.5 km) from the

COLREGS line along the coast of

Georgia, between the Georgia-South

Carolina border and the Georgia-Florida

border, is prohibited unless the shrimp

trawler is in compliance with all

applicable provisions in 50 CFR

227.72(e) and the following

prohibitions:

1. The use of soft TEDs described in

50 CFR 227.72(e)(4)(iii) is prohibited.

2. The use of try nets with a headrope

length greater than 12 ft (3.7 m) or a

footrope length greater than 15 ft (4.6 m)

is prohibited unless a NMFS-approved

hard TED or special hard TED is

installed when the try nets are rigged for

fishing. Try nets with a headrope length

12 ft (3.7 m) or less and a footrope

length 15 ft (4.6 m) or less remain

exempt from the requirement to have a

TED installed in accordance with 50

CFR 227.72(e)(2)(ii)(B)(1). For the

purpose of this rule only,

notwithstanding any other definitions

that may exist, the Georgia-South

Carolina border in the Atlantic Ocean is

defined to be the line segment

connecting the points 32°02′30.6′′ N.

lat., 080°51′03.0′′ W. long. (the seaward

tip of the jetty protecting the north side

of the mouth of the Savannah River) and

31°58′46.8′′ N. lat., 080°38′21.0′′ W.

long.(a point exactly 10 nm

(approximately 18.5 km) seaward of the

nearest land at Tybee Island and located

on the line extending in a direction of

109° from true north from the previous

point), and the Georgia-Florida border

in the Atlantic Ocean is defined as the

line along 30°42′45.6′′ N. lat.

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),

and 50 CFR 227.72(e)(4)(iii) (Soft TEDs),

that are inconsistent with these

prohibitions 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 are

required to carry a NMFS-approved

observer aboard such vessel(s) if

directed to do so by the Regional

Director, upon written notification sent

to either the address specified for the

vessel registration for documentation

purposes, or otherwise served on the

owner or operator of the vessel. Owners

and operators and their crew must

comply with the terms and conditions

specified in such written notification.

Additional Conservation Measures

The AA may withdraw or modify a

determination concerning unauthorized

takings 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 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.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

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, under section

603(b) of the Regulatory Flexibility Act,

an initial Regulatory Flexibility

Analysis is not required.

Pursuant to section 553(b)(B) of the

APA, the AA finds that 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 Zone 30 (northern

portion) and 31, and continue to occur

as shrimping continues. Any delay in

this action will likely result in
33382 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

additional fatal takings of listed sea

turtles. In addition, good cause exists

because NMFS has addressed comments

or similar provisions in the proposed

rule in the context of this temporary

action.

Pursuant to section 553(d) of the APA,

the AA finds there is good cause to

waive the 30-day delay in effective date.

In addition to the immediate need to

protect listed sea turtles, these

restrictions are expected to impose only

a minor burden on shrimp fishers. The

predominant TED designs in use in the

affected area are single-grid hard TEDs,

which will not require any

modifications. Trawlers equipped with

only soft TEDs may be required to move

out of the affected area, or to equip their

nets with hard TEDs. However, these

trawlers are expected to be few in

number given that many may have

already equipped their nets with hard

TEDs in response to the previous rules

requiring the use of such TEDs in waters

off Georgia in 1995. For those trawlers

who have yet to equip their nets with

hard TEDs, single-grid hard TEDs are

available for $75.00 to $350.00 and take

only several hours to install. While

some fishers may not elect to equip their

larger try nets with hard grid TEDs, and

thus, would be unable to monitor their

catch rate during long tows, they could

monitor their catch rate with smaller try

nets not required to have an NMFSapproved hard TED installed. The

burden of this action on shrimp fishers

is expected to be minimized by the fact

that fishers in most of the affected areas

have previously modified or acquired

gear to comply with earlier restrictions

that were identical or more stringent

than the present action.

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. An EA has been prepared

for this action. Copies of the EA are

available (see ADDRESSES).

Dated: June 21, 1996.

Charles Karnella,

Acting Director, Office of Management

Information, National Marine Fisheries

Service.

[FR Doc. 96–16435 Filed 6–24–96; 4:13 pm]

BILLING CODE 3510–22–F

50 CFR Part 625

[Docket No. 960314074–6074–01; I.D.

061896B]

Summer Flounder Fishery; Extension

of Scup Fishery Emergency

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

extension.

SUMMARY: NMFS issues an extension to

an emergency interim rule that

implements minimum fish size and

minimum mesh requirements for the

scup fishery north of Cape Hatteras.

Emergency implementation of the

measures is necessary because of the

overexploited status of the stock. The

emergency interim rule for scup that is

effective from March 22, 1996, through

June 25, 1996, is extended another 90

days by this action.

EFFECTIVE DATE: The emergency interim

rule published on March 27, 1996 at 61

FR 13452 is extended through

September 23, 1996.

FOR FURTHER INFORMATION CONTACT:

Regina Spallone, Fishery Policy

Analyst,(508) 281–9221.

SUPPLEMENTARY INFORMATION: In

November 1995, the Mid-Atlantic

Fishery Management Council (Council)

initially requested emergency action to

implement management measures for

the scup fishery, which include a

minimum fish size of 9 inches (22.9 cm)

total length (TL) for the commercial

scup fishery and 7 inches (17.8 cm) TL

for the recreational fishery, and a mesh

restriction for any vessel fishing in the

Exclusive Economic Zone (EEZ) and

possessing 4,000 lb (1,814 kg) or more

of scup. An emergency rule to

implement immediately these measures

was published in the Federal Register

on March 27, 1996 (61 FR 13452), with

effective dates of March 22, 1996,

through June 25, 1996. A full discussion

of the status of the scup stock and the

need for emergency action is found in

the preamble to that emergency interim

rule and is not repeated here.

In November 1995, the Council

adopted the same measures contained in

the emergency rule in Amendment 8 to

the Fishery Management Plan for the

Summer Flounder Fishery (FMP), which

it has submitted for Secretarial review.

Amendment 8 also contains many

additional provisions not contained in

the emergency rule. A proposed rule to

implement Amendment 8 to the FMP

was published in the Federal Register

on June 3, 1996 (61 FR 27851), with an

ending date for public comments of July

18, 1996. Therefore, if Amendment 8 is

approved, the final rule to implement it

will not be published prior to end of the

first 90-day effective period of this

emergency rule (June 25, 1996), thus

leaving a gap between the ending date

of the emergency interim rule and the

final rule implementing Amendment 8.

This would leave the already overfished

scup stock unprotected from increased

exploitation. Therefore, an extension to

the emergency rule is needed. The

Council, at its April 1996 meeting

requested an extension of the emergency

interim rule implementing management

measures for the scup fishery. This

extension of the emergency rule is in

effect from June 26, 1996, through

September 23, 1996, or until regulations

implementing Amendment 8 become

effective.

Classification

The Assistant Administrator for

Fisheries (AA) has determined that this

rule is necessary to respond to an

emergency situation and is consistent

with the Magnuson Fishery

Conservation and Management Act

(Magnuson Act) and other applicable

law.

Extension of the emergency rule is

intended to prevent the possible

collapse of the scup fishery. The AA

finds good cause to extend the

emergency rule in accordance with

section 305(c)(3)(B) of the Magnuson

Act. It would be contrary to the public

interest to provide notice and

opportunity for comment, or to delay for

30 days the effective date of this

emergency rule under the provisions of

sections 553(b) and (d) of the

Administrative Procedure Act. Failure

to implement an extension of the

emergency measures would leave the

overfished scup stock unprotected.

This rule has been determined to be

not significant for purposes of E.O.

12866.

This rule is exempt from the

procedures of the Regulatory Flexibility

Act because the rule is issued without

opportunity for prior public comment.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 20, 1996.

Henry R. Beasley,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 96–16372 Filed 6–24–96; 4:13 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 960321089–6175–02; I.D.

031396B]

RIN 0648–AG41

Fisheries of the Exclusive Economic

Zone off Alaska; Allow Processing of

Non-Individual Fishing Quota Species

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.