Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53925 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks & Safety Risks 

The order applies to economically 

significant rules under E.O. 12866 that 

concern an environmental health or 

safety risk that EPA has reason to 

believe may disproportionately affect 

children. This action is not subject to 

EO 13045 (62 FR 19885, April 23, 1997) 

because it is not economically 

significant as defined in EO 12866. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211 (66 FR 28355, May 22, 2001), 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. The 

proposed rule would further regulate 

and reduce pollutants from sewage in 

California marine waters thus reducing 

the risk of exposure to all populations, 

including those covered under this 

Executive order. 

Lists of Subjects in 40 CFR Part 140 

Environmental protection, Sewage 

disposal, Vessels. 

Dated: August 25, 2010. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

In consideration of the foregoing, EPA 

is proposed to be amend part 140, 

chapter 1 of title 40 of the Code of 

Federal Regulations as follows: 

PART 140—[AMENDED] 

1. The authority citation for part 140 

continues to read as follows: 

Authority: 33 U.S.C. 1322. 

2. Section 140.4 is amended by 

adding paragraph (b)(2)to read as 

follows: 

§ 140.4 Complete prohibition. 

* * * * * 

(b) * * * 

(2)(i) For the marine waters, of the 

State of California, including the 

territorial sea measured from the 

baseline as determined in accordance 

with the Convention on the Territorial 

Sea and the Contiguous Zone and 

extending seaward a distance of three 

miles, and also including all enclosed 

bays and estuaries subject to tidal 

influences from the Oregon border 

(41.999325 North Latitude, 124.212110 

West Longitude, decimal degrees, NAD 

1983) to the Mexican border (32.471231 

North Latitude, 117.137814 West 

Longitude, decimal degrees, NAD 1983), 

the discharge of sewage (whether treated 

or not) from large passenger vessels and 

from large oceangoing vessels that have 

two days or more holding capacity is 

completely prohibited pursuant to CWA 

section 312(f)(4)(A). A map illustrating 

these waters can be obtained from EPA 

or viewed at http://www.epa.gov/ 

region9/water/no-discharge/ 

overview.html. 

(ii) For purposes of paragraph (b)(2) of 

this section: 

(A) A ‘‘large passenger vessel’’ means 

a passenger vessel, as defined in section 

2101(22) of title 46, United States Code, 

of 300 gross tons or more, that has 

berths or overnight accommodations for 

passengers. 

(B) A ‘‘large oceangoing vessel’’ means 

a private, commercial, government, or 

military vessel of 300 gross tons or 

more. 

(C) Two days of holding capacity is 

the ability to hold in a holding tank of 

suitable design, construction and 

purpose, as determined by the vessel’s 

flag Administration, at least two days of 

sewage per the vessel’s crew capacity at 

a generation rate of 8.4 gallons per day 

per person. 

(D) Oceangoing vessel crew capacity 

is determined by: a certificate of 

inspection issued by the US Coast 

Guard for US flagged vessels; or a 

MARPOL Annex 4 certificate issued by 

the signatory State for foreign flagged 

vessels. For either certificate, the 

maximum number of passengers and 

crew is identified for the vessel. 

* * * * * 

[FR Doc. 2010–21950 Filed 9–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 0808071080–91228–01] 

RIN 0648–AW93 

Sea Turtle Conservation; Shrimp and 

Summer Flounder Trawling 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to revise the 

turtle excluder device (TED) 

requirements to allow the use of new 

materials and modifications to existing 

approved TED designs. Specifically, 

proposed allowable modifications 

include the use of flat bar, rectangular 

pipe, and oval pipe as construction 

materials in currently-approved TED 

grids; an increase in maximum mesh 

size on escape flaps from 15⁄8 to 2 inches 

(4.1 to 5.1 cm); the inclusion of the 

Boone Big Boy TED for use in the 

shrimp fishery; the use of three large 

TED and Boone Wedge Cut escape 

openings; and the use of the Chauvin 


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shrimp deflector to improve shrimp 

retention. NMFS also proposes to allow 

a new TED for use in the summer 

flounder fishery. Additionally, there are 

proposed corrections to the TED 

regulations to rectify an oversight 

regarding the maximum size chain that 

can be used on the Parker TED escape 

opening flap, and the proposed addition 

of a brace bar as an allowable 

modification to hard TEDs. 

DATES: Written comments (see 

ADDRESSES) will be accepted through 

October 18, 2010. 

ADDRESSES: You may submit comments 

on this proposed rule, identified by 

0648–AW93, by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Mail: Michael Barnette, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

• Fax: 727–824–5309; Attention: 

Michael Barnette. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

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 223.205) are followed. The 

regulations require most vessels defined 

as ‘‘shrimp trawlers’’ and ‘‘summer 

flounder trawlers’’ (50 CFR 222.102) 

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). 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. 

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 NMFSapproved scientific testing protocols 

(50 CFR 223.207(e)(1)). NMFS-approved 

testing protocols established to date 

include the ‘‘small turtle test’’ (55 FR 

41092, October 9, 1990) and the ‘‘wild 

turtle test’’ (52 FR 24244, June 29, 1987). 

Additionally, NMFS has established a 

leatherback model testing protocol to 

evaluate a candidate TED’s ability to 

exclude adult leatherback sea turtles (66 

FR 24287, May 14, 2001). Because 

testing with live leatherbacks is 

impossible, NMFS obtained the 

carapace measurements of 15 nesting 

female leatherback turtles and used 

these data to construct an aluminum 

pipe-frame model of a leatherback turtle 

measuring 40 inches (101.6 cm) in 

width, 60 inches (152.4 cm) in length, 

and 21 inches (53.3 cm) in height. If the 

leatherback model and a diver with full 

scuba gear are able to pass through the 

escape opening of a candidate TED, that 

escape opening is judged to be capable 

of excluding adult leatherback sea 

turtles, as well as other large adult sea 

turtles. 

Proposed TED Modifications 

The new TED designs and 

modifications included in this rule were 

developed and tested by NMFS’ gear 

specialists with the Southeast Fisheries 

Science Center’s Harvesting Systems 

and Engineering Branch, aided by input 

from the commercial fishing industry. 

Additionally, information for a study 

conducted by the Gulf and South 

Atlantic Fisheries Foundation, 

Incorporated (2008) was also considered 

during TED development. 

Flat Bar TED 

Current TED regulations require the 

use of specific construction materials for 

single-grid hard TEDs (50 CFR 

223.207(a)(1)(i)). These include solid 

steel rod with a minimum outside 

diameter of 1⁄4 inch (0.64 cm); fiberglass 

or aluminum rod with a minimum 

outside diameter of 1⁄2 inch (1.27 cm); or 

steel or aluminum tubing with a 

minimum outside diameter of 1⁄2 inch 

(1.27 cm) and a minimum wall 

thickness of 1⁄8 inch (0.32 cm; also 

known as schedule 40 tubing). These 

minimum material requirements were 

designated to insure a TED grid was 

strong enough to withstand the 

conditions typically experienced during 

standard fishing activities, and to insure 

the integrity of a TED and its ability to 

exclude sea turtles is not compromised. 

As offshore shrimp fishers became 

increasingly aware of the benefits of 

using larger sized TEDs, TEDs were 

built using stronger materials such as 

aluminum and steel pipe to prevent 

bending of the frame. However, some 

fishers noticed a decrease in shrimp 

catch rates with pipe TEDs when 

compared to TEDs made from thinner 

materials. Using a flume tank facility in 

2005, NMFS’ gear specialists measured 

the internal water flow patterns between 

an aluminum pipe TED and a TED with 

deflector bars constructed from 

aluminum flat bar. Comparisons of these 

measurements indicated a loss of water 

behind the pipe TED frame and a 

measurable diversion of water out of the 

TED escape opening. In contrast, almost 

no water diversion was measured with 

the flat bar TED. In 2005–2007, a 

fishery-dependent study by the Gulf and 

South Atlantic Fisheries Foundation, 

Incorporated (2008) found that the 

aluminum flat bar TED had statistically 

significant increases in shrimp catch 

rates when compared to an aluminum 

pipe TED. These studies have 


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demonstrated flat bar TEDs may perform 

better for shrimp retention than pipe 

TEDs, and, when properly constructed, 

may be stronger and less prone to 

bending compared to pipe TEDs. 

When using a flat bar less than 3⁄8

inch (0.95 cm) in thickness, a brace bar 

constructed of aluminum or steel rod or 

tubing specified in 50 CFR 

223.207(a)(1)(i)(A) through (C) must be 

added to a flat bar TED to prevent 

spreading of the deflector bars beyond 

the maximum allowable 4 inch (10 cm) 

spacing between the bars (50 CFR 

223.207(a)(4)). The brace bar must be 

attached to the frame and each 

individual deflector bar, and may be 

welded directly to the aft face of the grid 

or may be attached with spacer bars no 

longer than 5 inches (12.7 cm) in length 

that are welded to the aft face of each 

deflector bar. Spacer bars attached to the 

deflector bars must be constructed of the 

same material as the deflector bars (e.g., 

aluminum flat bar 1⁄4 inch (0.63 cm) in 

thickness and 11⁄2 inch (3.8 cm) in 

depth). These spacers will be squared 

off on one end, which will be welded 

to the deflector bar, while the other end 

will need a concave (i.e., half-moon) 

shape to be welded to the brace bar. 

A TED with deflector bars constructed 

from aluminum flat bar stock, 1⁄4 inch 

(0.63 cm) in thickness and 11⁄2 inch (3.8 

cm) in depth, was evaluated using the 

small turtle test protocol (55 FR 41092) 

in June 2006. In a sample size of 25 

turtles, the bottom-opening control TED 

captured 1 turtle. A turtle is considered 

captured if it fails to escape through the 

TED within 5 minutes. Based on the 

performance of the control TED, this 

meant that a candidate TED would fail 

the test with 2 turtle captures because 

of the statistical probability the 

candidate TED may not achieve the 

standard (i.e., control TED performance) 

turtle exclusion rate of 97 percent or 

more. The flat bar TED was tested in a 

bottom-opening configuration with a 

double-cover flap, resulting in 1 capture 

out of a sample size of 25 turtles, 

passing the certification test under the 

small turtle testing protocol. 

NMFS’ gear specialists with the 

Southeast Fisheries Science Center’s 

Harvesting Systems and Engineering 

Branch also determined that rectangular 

and oval pipe, using the same minimum 

size and configuration specifications as 

round pipe, was acceptable for use in 

TED construction. While not subjected 

to the small turtle testing protocol, 

based on the results of the flat bar TED 

and known performance of TEDs 

constructed of round pipe, NMFS 

determined there would be no 

discernable difference in turtle 

exclusion rates using similar-shaped 

materials, specifically rectangular and 

oval pipe. Additionally, as previously 

mentioned, the list of approved 

construction materials for single-grid 

hard TEDs (50 CFR 223.207(a)(1)(i)) is 

based on the material’s strength and 

integrity to withstand conditions 

typically experienced during standard 

fishing activities. Therefore, if the 

minimum specifications (i.e., minimum 

outside diameter/width of 1⁄2 inch and 

a minimum wall thickness of 1⁄8 inch) 

are employed when using rectangular or 

oval pipe, NMFS determined the 

resulting TED grid would be strong 

enough for use in the fishery. 

Allowable TED Escape Flap Mesh Size 

Current regulations specify that TED 

escape flap webbing may not exceed 15⁄8

inch (4.1 cm) in stretched mesh length 

(50 CFR 223.207(d)(3). Shrimp fishers 

have requested that mesh sizes up to 2 

inches (5.1 cm) be allowed for TED 

flaps. This would enable them to keep 

a ready stock of flap material on hand 

should the flaps need repair, as this size 

would incorporate the mesh sizes of 

13⁄4- (4.4-) and 2-inch (5.1-cm) mesh 

used in the body and codends of most 

shrimp trawls. 

The small turtle testing protocol was 

applied in June 2004 to both the doublecover flap and the 71-inch (180-cm) flap 

using 2-inch (5.1-cm), #36 twine flap 

webbing. Both tests were conducted 

using a top-opening, bent-bar TED with 

dimensions of 51 inches (129.5 cm) in 

height by 42 inches (106.7 cm) in width. 

In a sample size of 25 turtles, the topopening control TED captured 2 turtles. 

A turtle is considered captured if it fails 

to escape through the TED within 5 

minutes. Based on the performance of 

the control TED, this meant that a 

candidate TED would fail the test with 

4 turtle captures because of the 

statistical probability the candidate TED 

may not achieve the standard (i.e., 

control TED performance) turtle 

exclusion rate of 97 percent or more. 

Testing of the double cover and 71-inch 

(180-cm) flap openings with 2 inch (5.1 

cm) stretched mesh webbing resulted in 

0 captures and 25 escapes, and 1 

capture and 24 escapes, respectively. 

Accordingly, use of 2-inch mesh flap 

webbing passed the certification test 

under the small turtle testing protocol. 

Boone Big Boy TED 

NMFS is also proposing to amend 50 

CFR 223.207(b) to allow the use of 

additional hard TED designs in the 

shrimp fishery. A straight bar style TED 

(often referred to as the Georgia Jumper 

TED) is allowable for use in a bottomopening configuration with a maximum 

grid angle at 45 degrees in special areas 

of the South Atlantic and Gulf of 

Mexico (within these areas, known as 

Shrimp Fishery-Sea Turtle Conservation 

Areas, enhanced sea turtle conservation 

measures are required due to the 

presence of important nearshore habitat 

for benthic immature and subadult sea 

turtles, particularly Kemp’s ridleys, and 

the likelihood of negative interactions 

with heavy shrimp trawling activity; 50 

CFR 223.207(a)(3)(ii)). Bottom opening 

bent bar TEDs have been legal for use 

at angles up to 55 degrees as long as the 

last 4 inches of the bars are at an angle 

no greater than 45 degrees. The 

developer of the Georgia Jumper 

believed that his bottom-opening, 

straight-bar TED would pass the small 

turtle tests at an angle of 55 degrees 

with an enlarged escape opening. 

The Boone Big Boy TED is a large 

Georgia Jumper grid with an enlarged 

escape opening. Specifically, the Boone 

Big Boy TED grid is 48 inches high by 

36.5 inches wide. Due to the size of this 

TED, a brace bar is attached to the aft 

face of the grid. 

The Boone Big Boy TED was 

submitted for testing with the small 

turtle testing protocol in June 2008. The 

Boone Big Boy TED was installed at 54 

degrees and was outfitted with a 

bottom-oriented Boone Wedge Cut 

escape opening. Testing resulted in 1 

capture and 24 escapes, which passes 

the certification test under the small 

turtle testing protocol. 

Boone Wedge Cut Escape Opening 

NMFS is also proposing to amend 50 

CFR 223.207(a)(7)(ii) to allow the use of 

additional TED escape openings in the 

shrimp fishery. The Boone Wedge Cut 

escape opening is an enlarged escape 

opening created by a triangular panel of 

additional webbing inserted into the 

trawl as an alternative to the removal of 

webbing from the trawl to achieve a 71- 

inch (180-cm) or larger opening for 

single grid hard TEDs. 

The Boone Wedge Cut escape opening 

is made by making two cuts in the TED 

extension; one cut is fore and aft (i.e., 

along the length of the extension) and 

the other cut is horizontal to the 

extension. The horizontal cut is 50 

meshes long and begins at a point 4 

inches (10.2 cm) inward from the 

outside edge of the grid on one side and 

runs to the same point on the opposite 

side of the grid. The fore and aft cut 

begins in the middle of the horizontal 

cut and runs forward 49.5 inches (125.7 

cm) toward the front edge of the TED 

extension. The added wedge of webbing 

is attached along its two leading edges 

to the edges of the fore and aft cut. The 

webbing wedge is made of 17⁄8 inch (4.8 

cm) webbing and must have at least 41 


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meshes measuring at least 72 inches 

wide (182.9 cm) along its base (aft edge). 

The height of the wedge must measure 

at least 48.5 inches (123.2 cm). The top 

of the wedge is two bars across the 

leading edge then cut with a 1 point 

then 6 bar taper. 

An important element of the Boone 

Wedge Cut escape opening is the 

aforementioned taper of the webbing 

wedge sewn into the slit of the 

extension webbing. Taper is usually 

expressed as the ratio between the cuts 

in the components of the mesh that 

reduce the width of the panel of 

webbing and the cuts straight aft that 

extend the length of the panel of 

webbing. An understanding of netmaking terminology is necessary to 

comprehend the conventions used in 

describing taper. An individual mesh is 

composed of four equal lengths of 

twine, joined by four knots, and the 

webbing is usually hung in the body of 

a trawl so that all the meshes form 

diamond shapes, with the long axis of 

the diamonds oriented fore-and-aft. The 

two lengths of twine and the intervening 

knot on the left and right sides of the 

mesh are known as ‘‘points,’’ and the 

individual lengths of twine are known 

as ‘‘bars.’’ Since a single bar is half the 

width of an entire mesh, cutting a bar 

on the outside edge of a panel of 

webbing reduces the width of that row 

of meshes by one half mesh. Continuing 

cutting in the same direction through 

the bars on the opposite sides of each 

mesh and leaving an uncut edge of bars 

all lying in the same line produce an 

‘‘all-bar’’ taper. An all-bar taper reduces 

the width of a panel of webbing by one 

mesh for every two rows of twine cut. 

The all-bar taper is the steepest angle of 

taper that is used in any portion of the 

escape opening. Lesser degrees of taper 

can be produced by interspersing bar 

cuts with point cuts—cuts straight aft 

through both lengths of twine in a point. 

A point cut extends the length of a 

webbing panel by one mesh without 

reducing the width. For example, the ‘‘6 

bars, 1 point’’ (6b1p) taper of the Boone 

Wedge Cut escape opening indicates a 

taper in which the net maker would cut 

a sequence of six bars (inward) followed 

by one point (aft). A ‘‘straight’’ or ‘‘allpoint’’ cut indicates a cut that leaves all 

points along the cut edge and that does 

not reduce the width of the webbing 

panel. Figure 1 illustrates the 

components of trawl webbing and offers 

examples of different tapers: 

BILLING CODE 3510–22–P 


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BILLING CODE 3510–22–C 

During testing in 2003 under the 

small turtle testing protocol, the Boone 

Wedge Cut escape opening was installed 

in a 180-mesh (circumference) by 51- 

mesh (depth) TED extension; the mesh 

size of the TED extension was 17⁄8 inch 

(4.8 cm) stretched mesh. The TED frame 

was installed in a bottom-opening 

configuration and was measured at 50 

degrees. Two K–50 Spongex floats were 

attached to the upper outside half of the 

TED frame. In a sample size of 25 

turtles, the bottom-opening control TED 

captured 0 turtles. A turtle is considered 

captured if it fails to escape through the 

TED within 5 minutes. Based on the 

performance of the control TED, this 

meant that a candidate TED would fail 

the test with 1 turtle capture because of 

the statistical probability the candidate 

TED may not achieve the standard (i.e., 


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53930 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

control TED performance) turtle 

exclusion rate of 97 percent or more. 

Testing of the Boone Wedge Cut escape 

opening in 2003 resulted in 2 captures 

and 23 escapes. This result failed to 

meet the minimum test requirement for 

certification. NMFS’ gear specialists 

believed the 50-degree fishing angle of 

the TED was the likely cause of the two 

turtle captures. 

The Boone Wedge Cut escape opening 

was re-tested via the small turtle testing 

protocol in 2004 in a top-opening 

configuration. The TED angle was 

measured at 50 degrees. All other 

aspects of the TED installation and 

opening design were identical to that 

which was tested in 2003. In a sample 

size of 25 turtles, the top-opening 

control TED captured 2 turtles. A turtle 

is considered captured if it fails to 

escape through the TED within 5 

minutes. Based on the performance of 

the control TED, this meant that a 

candidate TED would fail the test with 

4 turtle captures because of the 

statistical probability the candidate TED 

may not achieve the standard (i.e., 

control TED performance) turtle 

exclusion rate of 97 percent or more. 

Testing of the Boone Wedge Cut escape 

opening in 2004 resulted in 0 captures 

in a sample of 25 turtles, passing the 

certification test under the small turtle 

testing protocol. 

The Boone Wedge Cut escape opening 

was also tested for leatherback turtle 

exclusion through the use of an 

aluminum frame model of an adult 

leatherback sea turtle controlled by a 

diver within the trawl and pushing it 

through the experimental TED opening. 

This model was used to design and test 

the current 71-inch and double-cover 

TED openings. The leatherback model 

measured 40 inches (101.6 cm) in 

width, 60 inches (152.4 cm) in length, 

and 21 inches (53.3 cm) in height. The 

evaluation was conducted in two 

separate trials pushing the model 

through the opening in a carapace-up 

and carapace-down configuration. In 

both configurations, the model passed 

through the Boone Wedge Cut escape 

opening easily. 

Additional evaluations of the Boone 

Wedge Cut escape opening were 

conducted in November and December 

2004, during trawling operations aboard 

the R/V GEORGIA BULLDOG, and 

permitted pursuant to 50 CFR 

223.207(e)(2). The evaluations were 

conducted using remote cameras during 

actual fishing operations in near-shore 

waters off the coast of Georgia and 

Florida. During the evaluations, 30 wild 

turtles were observed escaping from a 

bottom-shooting Boone Wedge Cut 

escape opening; no turtle captures (i.e., 

failing to escape through the TED within 

5 minutes) were observed. 

Large TED Escape Openings 

NMFS is also proposing to amend 50 

CFR 223.207(a)(7)(ii) to allow the use of 

additional TED escape openings in the 

shrimp fishery. Shrimp fishermen in 

Australia have been using a large 

triangular cut TED escape opening for 

many years. Because this cut is made 

along the bars of the trawl webbing, the 

strain of large codend loads is 

transferred more efficiently along edges 

of the cut. This design results in less 

distortion of the TED opening and flap 

over time as well as providing better 

support and angle retention for the TED 

frame, especially with larger TED frames 

and trawls. 

The triangular cut forms an isosceles 

triangle (i.e., two sides of equal length) 

with dimensions that can be configured 

to meet the minimum dimensional 

requirements for the exclusion of 

leatherback sea turtles (i.e., per 50 CFR 

223.207(a)(7)(ii)(B)). In order for a 

triangular cut to meet the minimum 

dimensions, the length of the two sides 

of the cut, forward of the TED frame, 

must be longer than that which is 

needed for a rectangular TED opening. 

Additionally, the base measurement of 

the triangular cut, that is, the minimum 

straight-line distance of the opening at 

the TED frame, must be larger. This 

prevents this style of cut from being 

used on smaller TED frames. 

In 2006, the triangular cut was 

evaluated by NMFS’ gear specialists as 

an alternate opening for the exclusion of 

leatherback sea turtles. The evaluations 

were conducted with no flap covering 

the TED opening. The evaluations were 

conducted with the use of an 

aluminum-frame leatherback sea turtle 

model controlled by a diver within the 

trawl and pushing it through the 

experimental TED opening. This 

evaluation technique was used to 

approve the 71-inch (180-cm) offshore 

and double-cover offshore TED 

openings (50 CFR 223.207(a)(7)(ii)(B) 

and (C)). For this evaluation, the 

triangular cut dimensions were 

configured to match the minimum 

perimeter dimensions of a rectangular 

cut, which has already been approved 

for the exclusion of leatherback sea 

turtles (i.e., per 50 CFR 

223.207(a)(7)(ii)(B)). For the evaluation, 

the selected triangular cut straight-line 

measurement at the TED frame was 40 

inches (101.6 cm) in order to match the 

width of the leatherback model. 

Divers experienced no difficulty in 

pushing the model leatherback frame 

through the triangular TED opening. 

The evaluation was conducted in two 

separate trials pushing the model 

through the opening in a carapace-up 

and carapace-down configuration. Based 

on these observations, NMFS concludes 

a triangular cut TED opening is an 

effective TED escape opening design for 

the exclusion of leatherback sea turtles. 

As TED use is expanded to large-trawl 

fisheries, larger TED frames are needed 

to better fit the trawls. Alternate escape 

opening cuts are needed, which will 

maintain the strength of the TED system 

even when large codend loads are 

experienced. The triangular cut TED 

opening described previously provides 

one escape opening that also ensures the 

strength of the TED and TED extension 

are maintained. Additional large TED 

escape openings provide greater 

flexibility in designing the TED escape 

opening cut to meet variations in large 

trawl and large TED designs, while 

maintaining minimum opening 

dimensions required for the exclusion of 

leatherback sea turtles. 

Additional variations of the triangular 

cut being proposed in this rulemaking 

include a similar all-bar cut, but with an 

additional horizontal leading edge cut 

that produces a trapezoid escape 

opening, as well as an all-points side cut 

that produces a rectangular escape 

opening. As with the triangular cut, the 

sum of the straight line, stretched 

measurements of the opening at the TED 

frame, the two side cuts and the leading 

edge cut must be equal to or greater than 

147 inches (373.4 cm); therefore, this 

design will meet the minimum 

circumference measurement in 50 CFR 

223.207(a)(7)(ii)(B)) of 142 inches. 

Double Cover Interior Escape Flap 

NMFS is also proposing to amend 50 

CFR 223.207(d)(3), to allow the use of 

additional TED escape opening flap 

configurations in the shrimp fishery. In 

2008, NMFS evaluated several flap 

designs for installation with the 

triangular cut TED escape opening. 

Diver evaluations of the triangular cut 

TED escape opening with either the 

double-cover or 71-inch (180-cm) flaps 

revealed a potential turtle capture 

problem. With a rectangular flap sewn 

over the triangular cut, pockets were 

formed between the outside of the TED 

extension and the flap in an area 

between the apex of the cut and the 

sides of the flap. These areas could be 

problematic for smaller, juvenile turtles 

as they could become entrapped. As a 

solution to this problem, NMFS’ gear 

specialists designed a flap which is 

installed inside the TED extension, 

thereby eliminating the pocket areas 

formed with an exterior flap 

installation. This flap system is labeled 

the double-cover interior flap (DCI flap). 


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The triangular cut and DCI flap 

opening were evaluated by NMFS’ gear 

specialists using the small turtle testing 

protocol in June 2008. The triangular 

cut with a DCI flap was installed on a 

51-inch (129.5-cm) high by 42-inch 

(106.7-cm) wide bent-bar TED (50 CFR 

223.207(a)(3)(ii)) in a top-opening 

configuration. The dimensions of the 

flap met all existing regulatory 

requirements pertaining to the doublecover flap, with the exception that the 

leading edge and sides of each flap 

piece were attached to the inside of the 

TED extension. At the point where the 

sides of each flap piece intersected the 

TED frame, the flap sides were then 

sewn to a row of meshes aft of the TED 

frame and on the outside of the TED 

extension. NMFS’ diver observations 

confirmed that this method of attaching 

the flap provided a much smoother 

shape and more uniform seal against the 

TED frame while fishing, especially 

when installed on large TED frames, 

which require larger pieces of flap 

material to cover the TED opening. 

During the small turtle testing 

protocol, the top-opening control TED 

scored 0 turtle captures in a sample size 

of 25 turtles. A turtle is considered 

captured if it fails to escape through the 

TED within 5 minutes. Testing of the 

triangular cut with a DCI flap resulted 

in 0 turtle captures in a sample of 25 

turtles, thus matching the control TED 

performance and passing the 

certification test under the small turtle 

testing protocol. 

Additional evaluations of the 

triangular cut and DCI flap were 

conducted in March 2008, during 

trawling operations aboard the R/V 

GEORGIA BULLDOG, permitted 

pursuant to 50 CFR 223.207(e)(2). The 

evaluations were conducted using 

remote cameras during actual fishing 

operations in near-shore waters off the 

coast of Georgia. The opening was 

evaluated on a 51-inch (129.5-cm) high 

by 42-inch (106.7-cm) wide bent-bar 

TED in a bottom-opening configuration. 

During the evaluations, two wild turtles 

were observed escaping from the 

triangular opening with a DCI flap; no 

turtle captures (i.e., failing to escape 

through the TED within 5 minutes) were 

observed. 

Chauvin Shrimp Deflector 

NMFS is also proposing to amend 50 

CFR 223.207(d) to add a shrimp 

deflector as an allowable modification 

to hard TEDs. As a means of reducing 

the loss of shrimp through the TED 

opening, a Louisiana fisherman 

developed a simple shrimp deflector 

device pursuant to 50 CFR 

223.207(e)(2). The device consists of a 

length of 3-inch (7.6-cm) diameter PVC 

pipe positioned perpendicular to the 

flow of water within the trawl along the 

leading edge of the TED escape opening. 

Shrimp that are moving down the top of 

the trawl and TED extension come in 

contact with the pipe and are deflected 

down and away from the TED escape 

opening. 

To ensure that the Chauvin shrimp 

deflector would not interfere with the 

escapement of turtles, the device was 

evaluated using the small turtle testing 

protocol. The device was installed in a 

top-opening, bent-bar TED which 

measured 52 inches (132.1 cm) in height 

by 42 inches (106.7 cm) in width. A 

double-cover flap was installed over the 

opening and modified by the 

installation of zippers along the leading 

edge of each flap piece. The zippers 

allow each flap piece of the doublecover flap to be easily rolled back to 

allow for improved fish escapement 

through the TED. Testing of the Chauvin 

shrimp deflector resulted in 0 turtle 

captures out of 25 trials, thereby passing 

the test for certification. An additional 

evaluation was conducted to ensure that 

the device would not prevent the 

escapement of larger sea turtles through 

the TED escape opening. The evaluation 

was conducted through the use of an 

aluminum-frame leatherback sea turtle 

model, controlled by a diver within the 

trawl and pushing it through the 

experimental TED opening. The 

leatherback model measured 40 inches 

(101.6 cm) in width, 60 inches (152.4 

cm) in length, and 21 inches (53.3 cm) 

in height. Divers experienced no 

difficulty in pushing the model 

leatherback frame through the doublecover TED opening with the Chauvin 

shrimp deflector installed. Due to 

anticipated issues with debris 

accumulation and subsequent turtle 

escapement, the Chauvin shrimp 

deflector was not tested in a bottomopening TED configuration; therefore, it 

may not be installed in a net with a 

bottom escape opening. 

Parker TED Offshore Opening 

The current specifications at 50 CFR 

223.207(c)(1)(iv)(B) for the offshore 

opening of the Parker TED allow the use 

of a single row of steel chain no larger 

than 3⁄16 inch (0.48 cm) to be sewn on 

to the back edge of the webbing flap. 

However, when the Parker TED was 

tested and certified by NMFS’ gear 

specialists in June 1997, it was rigged 

with 1⁄4 inch (0.64 cm) steel chain. 

Therefore, the proposed rule would 

amend 50 CFR 223.207(c)(1)(iv)(B) to 

correct this error and allow the use of 

chain no larger than 1⁄4 inch (0.64) to be 

used on the trailing edge of the webbing 

flap. 

Modified Flounder TED 

NMFS is also proposing to amend 50 

CFR 223.207(b), to add an additional 

TED for use in the summer flounder 

fishery. As an alternative to the flounder 

TED specified at 50 CFR 223.207(b)(1), 

the Northeast Fisheries Science Center 

and industry developed a modified 

flounder TED grid that offered a larger 

grid surface to mitigate potential 

clogging issues to improve catch 

retention, and which had the ability to 

be rolled onto a net reel. The modified 

flounder TED consists of two frame 

sections 36 inches (91.4 cm) in height 

and 48 inches (121.9 cm) in width, 

which are lashed together with heavy 

twine in order to maintain a consistent 

angle in both sections. The perimeter of 

the modified flounder TED is 

constructed of round pipe, while the 

deflector bars are constructed of flat bar. 

The upper frame section consists of 

vertical flat deflector bars, while the 

lower frame section has angled 

horizontal flat bars. The lower frame 

section also has three rectangles, each 

with a height of 10 inches (25.4 cm) and 

a width of 14 inches (35.6 cm), which 

are framed using round pipe. 

The modified flounder TED was 

evaluated using the small turtle test 

protocol in June 2008. In a sample size 

of 25 turtles, the top-opening control 

TED captured 0 turtles. A turtle is 

considered captured if it fails to escape 

through the TED within 5 minutes. 

Based on the performance of the control 

TED, this meant that a candidate TED 

would fail the test with 1 turtle capture 

because of the statistical probability the 

candidate TED may not achieve the 

standard (i.e., control TED performance) 

turtle exclusion rate of 97 percent or 

more. The modified flounder TED was 

tested in a top-opening configuration 

installed at 30 degrees with 5-inch bar 

spacing in the upper grid, and captured 

2 turtles in 14 turtle exposures, at which 

point the evaluation was terminated; 

both of these turtle captures occurred 

when the turtles passed through the 5- 

inch bar spacing of the upper grid. The 

modified flounder TED was 

reconfigured with 4-inch bar spacing 

and re-tested. The modified flounder 

TED with 4-inch bar spacing in the 

upper grid (top-opening configuration 

installed at 30 degrees) captured 0 

turtles in a sample size of 25 exposures, 

passing the certification test under the 

small turtle testing protocol; due to time 

constraints, testing was not conducted 

at higher angles. 

The modified flounder TED was again 

evaluated using the small turtle test 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
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protocol in July 2009 to determine its 

effectiveness at higher angles. In a 

sample size of 25 turtles, the topopening control TED captured 2 turtles. 

A turtle is considered captured if it fails 

to escape through the TED within 5 

minutes. Based on the performance of 

the control TED, this meant that a 

candidate TED would fail the test with 

1 turtle capture because of the statistical 

probability the candidate TED may not 

achieve the standard (i.e., control TED 

performance) turtle exclusion rate of 97 

percent or more. The modified flounder 

TED was tested in a top-opening 

configuration installed at 55 degrees, 

and captured 3 turtles in 7 exposures, 

failing the certification test under the 

small turtle testing protocol. The 

modified flounder TED was re-installed 

at 45 degrees, and captured 0 turtles in 

25 exposures, passing the certification 

test under the small turtle testing 

protocol. Therefore, the modified 

flounder TED is certified for use only at 

angles between 30 and 45 degrees. 

Addition of Brace Bars as Allowable 

Modifications to Hard TEDs and 

Special Hard TEDs 

NMFS is also proposing to amend 50 

CFR 223.207(d), to allow the use of a 

horizontal brace bar on a TED to 

increase the strength of the grid and 

prevent flexing of the vertical deflector 

bars. When properly installed on the 

rear face of the TED grid, a brace bar has 

no effect on turtle exclusion out of the 

TED escape opening. While a brace bar 

is required on the proposed flat bar 

TED, NMFS proposes to add brace bars 

as an allowable optional modification to 

other hard TEDs. Specifically, a brace 

bar constructed of aluminum or steel 

rod or tubing specified in 50 CFR 

223.207(a)(1)(i)(A) through (C) may be 

added to a TED to prevent spreading of 

the deflector bars beyond the maximum 

allowable 4 inch (10 cm) spacing 

between the bars (50 CFR 223.207(a)(4)). 

The brace bar must be attached to the 

frame and each individual deflector bar, 

and may be welded directly to the aft 

face of the grid or may be attached with 

spacer bars no longer than 5 inches 

(12.7 cm) in length that are welded to 

the aft face of each deflector bar. Spacer 

bars attached to the deflector bars must 

be constructed of the same material as 

the deflector bars (e.g., solid steel rod 

with a minimum outside diameter of 1⁄4

inch (0.63 cm). For solid bar and tubing, 

spacers will need concave (i.e., halfmoon) shaped ends to be welded to the 

deflector and brace bar. 

Summary of Proposed Revisions to TED 

Requirements 

Based on the documented results 

during TED testing, NMFS proposes to 

authorize: the use of 1⁄4 inch (0.63 cm) 

thick and 11⁄2 inch (3.8 cm) deep flat 

bar, and rectangular and oval pipe 

meeting the current minimum 

dimensions cited at 50 CFR 

223.207(a)(1) as construction materials 

in currently-approved TED grids; an 

increase in maximum mesh size on 

escape flaps from 15⁄8 to 2 inches (4.1 to 

5.1 cm); the inclusion of the Boone Big 

Boy TED for use in the shrimp fishery; 

the use of three large TED and Boone 

Wedge Cut escape openings; and the use 

of the Chauvin Shrimp Deflector in a 

top-opening TED configuration to 

improve shrimp retention. NMFS also 

proposes to include a new TED for use 

in the summer flounder fishery. 

Additionally, there is a proposed 

correction to the TED regulations to 

rectify an error regarding the maximum 

size chain that can be used on the 

Parker TED escape opening flap, and the 

proposed addition of a brace bar as an 

allowable modification to hard TEDs. 

References Cited 

Gulf and South Atlantic Fisheries 

Foundation, Incorporated. 2008. An 

Assessment of Turtle Excluder Devices 

within the Southeastern Shrimp 

Fisheries of the United States. NOAA/ 

NMFS Cooperative Agreement Number 

NA04NMF4540112;#92. 

Certifications 

This proposed rule 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. The basis for 

this certification follows: 

This proposed rule would not impose 

any new requirements on fishing 

entities in the southeastern shrimp 

fishery. An exact number of total fishing 

entities in the southeastern shrimp 

fishery is unavailable, though 

approximately 5,000 vessels are 

estimated as currently active. This 

proposed rule would simply allow 

fishermen, at their discretion, to use an 

alternative TED in their shrimp nets. 

Any decision to use an alternative TED 

would be expected to occur only if a 

fisherman judges it will result in 

improved fishing performance without a 

substantial increase in cost. As a result, 

any effects are expected to be positive 

and no adverse economic impacts are 

expected to accrue. Therefore, an initial 

regulatory flexibility analysis is not 

required and none has been prepared. 

The Endangered Species Act provides 

the statutory basis for this rule. 

List of Subjects in 50 CFR Part 223 

Endangered and threatened species; 

Exports; Imports; Transportation. 

Dated: August 26, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR Part 223 is proposed 

to be 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, § 223.201–202 also issued under 16 U.S.C. 

1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

2. In § 223.207, paragraph (a)(1)(i) 

introductory text is revised; paragraph 

(a)(1)(i)(C) is revised; new paragraph 

(a)(1)(i)(D) is added; paragraphs 

(a)(7)(ii)(D) and(E) are added; new 

paragraphs (b)(3) and(4) are added; 

paragraph (c)(1)(iv)(B) is revised; 

paragraphs (d)(3) introductory text and 

(d)(3)(iii) are revised; and paragraphs 

(d)(3)(iv), (d)(8), and (d)(9) are added, to 

read as follows: 

§ 223.207 Approved TEDs. 

* * * * * 

(a) * * * 

(1) * * * 

(i) Single-grid and inshore hooped 

hard TED. A single-grid hard TED or an 

inshore hooped hard TED must be 

constructed of one or a combination of 

the following materials, unless 

otherwise specifically restricted below, 

with minimum dimensions as follows: 

* * * * * 

(C) Steel or aluminum round, oval, or 

rectangular tubing with a minimum 

outside diameter or width of 1⁄2 inch 

(1.27 cm) and a minimum wall 

thickness of 1⁄8 inch (0.32 cm; also 

known as schedule 40 tubing). 

(D) Steel or aluminum flat bar with 

dimensions no less than 1⁄4 inch (0.64 

cm) in thickness by 1-1⁄2 inches (3.85 

cm) in depth. For flat bar less than 3⁄8

inch (0.95 cm) in thickness, a horizontal 

brace bar to reinforce the deflector bars 

must be permanently attached to the 

frame and the rear face of each of the 

deflector bars within 4 inches (10.2 cm) 

of the midpoint of the TED frame. The 


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horizontal brace bar must be 

constructed of approved material 

consistent with paragraph (a)(1)(i) of 

this section. The horizontal brace bar 

may be offset behind the deflector bars, 

using spacer bars, not to exceed 5 inches 

(12.7 cm) in length and constructed of 

the same size or larger flat bar as the 

deflector bars. 

* * * * * 

(7) * * * 

(ii) * * * 

(D) Boone Wedge Cut opening. (Figure 

17 to this part). The escape opening is 

made by making two cuts in the TED 

extension; one cut is fore and aft (i.e., 

along the length of the extension) and 

the other cut is horizontal to the 

extension. The horizontal cut is 50 

meshes long and begins at a point 4 

inches (10.2 cm) inward from the 

outside edge of the grid on one side and 

runs to the same point on the opposite 

side of the grid. The fore and aft cut 

begins in the middle of the horizontal 

cut and runs forward 49.5 inches (125.7 

cm) toward the front edge of the TED 

extension. The added wedge of webbing 

is attached along its two leading edges 

to the edges of the fore and aft cut. The 

webbing wedge is made of 17⁄8 inch (4.8 

cm) webbing and must have at least 41 

meshes measuring at least 72 inches 

wide (182.9 cm) along its base (aft edge). 

The height of the wedge must measure 

at least 48.5 inches (123 cm). The top of 

the wedge is two bars across the leading 

edge then cut with a 1 point then 6 bar 

taper. A webbing flap, as described in 

paragraph (d)(3)(iv) of this section, may 

be used with this escape opening, so 

long as the minimum opening size is 

achieved. 

(E) Large TED openings. (Figures 18a, 

18b, and 18c of this part). Large TED 

escape openings may be utilized in the 

following configurations: 

(1) A triangular cut (Figure 18a to this 

part), where the base of the triangle is 

defined by a straight-line measurement 

of the opening between the webbing 

attachment points on the TED frame that 

is no less than 40 inches (102 cm). The 

two side cuts of the triangle must be an 

all-bar taper from the point at which the 

webbing attaches to the TED frame to 

the apex of the triangle cut. Each side 

cut of the triangle must measure no less 

than 53 inches (135 cm). The sum of the 

straight-line base measurement and two 

side cuts must be no less than 147 

inches (373 cm). The side cuts of the 

triangular opening may be reinforced 

using rib lines attached from the TED 

frame to the apex of the opening. A 

webbing flap, as described in either 

paragraph (d)(3)(ii) or (iii) of this 

section, may be used with this escape 

opening, so long as the minimum 

opening size is achieved. 

(2) All-bar or all-points side cuts and 

a horizontal leading edge cut (Figures 

18b and 18c to this part), where the 

straight-line measurement of the 

opening between the webbing 

attachment points on the TED frame 

may not be less than 40 inches (102 cm), 

and the two side cuts of the escape 

opening must not be less than 26 inches 

(66 cm) long from the points of the cut 

immediately forward of the TED frame. 

Only all-bar or all-points side cuts may 

be used; no combination tapers may be 

used when making the side cuts. The 

sum of the straight-line base 

measurement and the stretched 

measurements of the side cuts and 

leading edge cut must be no less than 

147 inches (373 cm). A webbing flap, as 

described in either paragraph (d)(3)(ii) 

or (iii) of this section, may be used with 

this escape opening, so long as the 

minimum opening size is achieved. 

* * * * * 

(b) * * * 

(3) Boone Big Boy TED. The Boone Big 

Boy TED is a single-grid hard TED with 

a minimum outside horizontal and 

vertical measurement of 36.5 inches 

(92.7 cm) and 48 inches (121.9 cm), 

respectively. The frame must be 

constructed of steel rod with a 

minimum outside diameter of 1⁄2 inch 

(1.3 cm). The deflector bars must be 

constructed of steel rod with a 

minimum outside diameter of 1⁄4 inch 

(0.64 cm). The space between the 

deflector bars must not exceed 4 inches 

(10.2 cm). A horizontal brace bar 

constructed of at least 1⁄4 inch (0.64-cm) 

steel rod must be permanently attached 

to the frame and the rear face of each of 

the deflector bars within 4 inches (10.2 

cm) of the midpoint of the TED frame. 

The horizontal brace bar may be offset 

behind the deflector bars, using spacer 

bars, not to exceed 5 inches (12.7 cm) 

in length and must be constructed of the 

same size or larger material as the 

deflector bars. The Boone Big Boy TED 

must be used with the Boone Wedge Cut 

escape opening specified in (a)(7)(ii)(D) 

of this section. The angle of the 

deflector bars must be between 30° and 

55° from the normal, horizontal flow 

through the interior of the trawl. The 

Boone Big Boy TED is exempt from the 

requirements of paragraph (a)(3)(ii) of 

this section, and may be installed at 55° 

when fishing in the Gulf SFSTCA or the 

Atlantic SFSTCA. 

(4) Modified flounder TED. (Figure 11 

to this part). The modified flounder TED 

is approved for use only in the Atlantic 

summer flounder bottom trawl fishery. 

The modified flounder TED is not an 

approved TED for use by shrimp 

trawlers. The modified flounder TED 

incorporates two separate grid frames 

that are attached together. The frames of 

the grids must be constructed of at least 

11⁄4 inch (3.2 cm) outside diameter 

aluminum or steel pipe with a wall 

thickness of at least 1⁄8 inch (0.32 cm). 

Each of the two grids of the modified 

flounder TED must have outside 

dimensions of at least 36 inches (91.4 

cm) in height and at least 48 inches 

(121.9 cm) in width. The upper grid is 

equipped with vertical deflector bars, 

which must be constructed of aluminum 

or steel flat bar with a minimum depth 

of 11⁄4 inches (3.2 cm) and a minimum 

thickness of 3⁄8 inch (0.95 cm). Vertical 

deflector bars must be connected to the 

top and bottom of the upper grid. The 

space between the deflector bars of the 

upper grid must not exceed 4 inches 

(10.2 cm). The lower grid is fabricated 

with both horizontal and vertical 

deflector bars, creating four narrow 

horizontal openings at the top, and three 

large rectangular openings along the 

bottom of the grid. The lower grid must 

have at least three horizontal deflector 

bars, constructed of aluminum or steel 

flat bar with a minimum depth of 11⁄2

inches (3.8 cm) and a minimum 

thickness of 3⁄8 inch (0.95 cm), which 

are connected to each side of the grid 

and angled at 30° from the horizontal 

plane. Below this, a fourth horizontal 

deflector bar must be constructed of 

aluminum or steel pipe with a wall 

thickness of at least 1⁄8 inch (0.32 cm) 

and with a 11⁄4 inch (3.2 cm) outside 

diameter. These horizontal deflector 

bars must yield maximum spacings of 

41⁄2 inches (11.4 cm), 51⁄2 inches (14.0 

cm), 51⁄2 inches (14.0 cm), and 41⁄2

inches (11.4 cm), as constructed from 

top to bottom and measured between 

the leading edges of adjacent deflector 

bars. There must be a maximum 10-inch 

(25.4 cm) space between the bottommost horizontal deflector pipe bar and 

the grid frame bottom. Two additional 

vertical pipe sections running from the 

bottom of the grid frame to the bottommost horizontal deflector pipe bar must 

divide the opening at the bottom into 

three rectangles, each with a maximum 

height of 10 inches (25.4 cm) and a 

maximum width of 14 inches (35.6 cm). 

This TED must comply with paragraph 

(a)(2) of this section. The upper and 

lower grids of this TED must be laced 

together with heavy twine no less than 

1⁄4 inch (0.64 cm) in diameter in order 

to maintain a consistent angle in both 

sections. There may be a gap between 

the two sections not to exceed 1 inch 

(2.54 cm). The angle of the entire TED 

frame must be between 30° and 45° from 


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the normal, horizontal flow through the 

interior of the trawl. The entire width of 

the escape opening from the trawl must 

be centered on and immediately forward 

of the frame at the top of the net when 

the net is in its deployed position. The 

slope of the grids and the vertical 

deflector bars from forward to aft is 

upward. The modified flounder TED 

must use an escape opening consistent 

with paragraph (a)(7)(ii)(B), (C), (D), or 

(E) of this section. A webbing flap, as 

described in paragraphs (d)(3)(ii), (iii), 

or (iv) of this section, may be used with 

this escape opening, so long as the 

minimum opening size is achieved. This 

TED may not be configured with a 

bottom escape opening. Installation of 

an accelerator funnel is not permitted 

with this TED. 

(c) * * * 

(1) * * * 

(iv) * * * 

(B) Offshore opening. A horizontal cut 

extending from the attachment of one 

side of the deflector panel to the trawl 

to the attachment of the other side of the 

deflector panel to the trawl must be 

made in a single row of meshes across 

the top of the trawl and measure at least 

96 inches (243.8 cm) in taut width. All 

trawl webbing above the deflector panel 

between the 96-inch (243.8-cm) cut and 

edges of the deflector panel must be 

removed. A rectangular flap of nylon 

webbing not larger than 2-inch (5.1-cm) 

stretched mesh may be sewn to the 

forward edge of the escape opening. The 

width of the flap must not be larger than 

the width of the forward edge of the 

escape opening. The flap must not 

extend more than 12 inches (30.5 cm) 

beyond the rear point of the escape 

opening. The sides of the flap may be 

attached to the top of the trawl but must 

not be attached farther aft than the row 

of meshes through the rear point of the 

escape opening. One row of steel chain 

not larger than 1⁄4 inch (0.64 cm) may be 

sewn evenly to the back edge of the flap. 

The stretched length of the chain must 

not exceed 96 inches (244 cm). A Parker 

TED using the escape opening described 

in this paragraph meets the 

requirements of § 223.206(d)(2)(iv)(B). 

This opening or one that is larger must 

be used in all offshore waters and in the 

inshore waters of Georgia and South 

Carolina. It also may be used in other 

inshore waters. 

* * * * * 

(d) * * * 

(3) Webbing flap. A webbing flap may 

be used to cover the escape opening 

under the following conditions: No 

device holds it closed or otherwise 

restricts the opening; it is constructed of 

webbing with a stretched mesh size no 

larger than 2 inches (5.1 cm); it lies on 

the outside of the trawl; it is attached 

along its entire forward edge forward of 

the escape opening; it is not attached on 

the sides beyond the row of meshes that 

lies 6 inches (15.2 cm) behind the 

posterior edge of the grid; the sides of 

the flap are sewn on the same row of 

meshes fore and aft; and the flap does 

not overlap the escape hole cut by more 

than 5 inches (12.7 cm) on either side. 

* * * * * 

(iii) Double cover offshore TED flap. 

This flap must be composed of two 

equal size rectangular panels of 

webbing. Each panel must be no less 

than 58 inches (147.3 cm) wide and may 

overlap each other no more than 15 

inches (38.1 cm). The panels may only 

be sewn together along the leading edge 

of the cut. The trailing edge of each 

panel must not extend more than 24 

inches (61 cm) past the posterior edge 

of the grid (Figure 16 to this part). Each 

panel may be sewn down the entire 

length of the outside edge of each panel. 

Paragraph (d)(3) of this section 

notwithstanding, this flap may be 

installed on either the outside or inside 

of the TED extension. For interior 

installation, the flap may be sewn to the 

interior of the TED extension along the 

leading edge and sides to a point 

intersecting the TED frame; however, 

the flap must be sewn to the exterior of 

the TED extension from the point at 

which it intersects the TED frame to the 

trailing edge of the flap. Chafing 

webbing described in paragraph (d)(4) of 

this section may not be used with this 

type of flap. 

(iv) Boone Wedge Cut opening flap. 

(Figure 17 to this part). This escape 

opening flap is attached to the trailing 

edge of the horizontal cut and the 

wedge. The flap is made from a piece of 

1-7⁄8 inch (4.8 cm) webbing that is 

trapezoid in shape. The leading edge 

must be at least 94 meshes wide, 

stretching to at least 164.5 inches (417.8 

cm). The trailing edge is at least 87 

meshes wide and at least 152 inches 

(386.1 cm). The two sides are at least 8 

meshes long and at least 15 inches (38.1 

cm). The escape opening flap is attached 

only to the leading edge of the escape 

opening cut and is not attached along its 

sides. 

* * * * * 

(8) Chauvin shrimp deflector. (Figures 

19a and 19b of this part). The Chauvin 

shrimp deflector may be used on any 

approved TED design, but its 

installation must not reduce the 

minimum stretched measurements of 

the TED opening. The Chauvin shrimp 

deflector may not be installed with a 

bottom escape opening. The Chauvin 

shrimp deflector is constructed from a 

single piece of 3-inch (7.6-cm) inside 

diameter PVC pipe which measures 30 

inches (76.2 cm) in length; the ends of 

the PVC pipe are left uncapped. A 

webbing or mesh bag is made and is 

used to encase the PVC pipe (Figure 19a 

to this part). The mesh bag is created 

using a single piece of 1-5⁄8 inch (4.1 cm) 

stretched-mesh webbing made of nylon 

or polyethylene with dimensions 57 

meshes wide by 10 meshes deep. The 

leading edge of the 57-mesh piece of 

webbing is attached around the PVC 

pipe and back to the row of meshes 

located 7 meshes down the 10-mesh 

length. The ends of the webbing are 

sewn together on each end forming a 

webbing bag to assure the PVC pipe 

remains encased in the webbing. This 

leaves a 3-mesh tail hanging from the 

encased PVC pipe. The 3-mesh tail of 

the encased PVC pipe is then sewn to 

a single row of meshes on the inside of 

the trawl along the 57-mesh edge, 3 

meshes ahead of the forward cut of the 

TED escape opening. This would allow 

a 3-mesh overlap to the left and right of 

the forward cut (Figure 19b of this part). 

(9) Brace bar. (Figure 14a of this part). 

A horizontal brace bar may be added to 

a TED if it is constructed of aluminum 

or steel rod or tubing specified in 50 

CFR 223.207(a)(1)(i)(A) through (C) and 

it is permanently attached to the frame 

and the rear face of each of the deflector 

bars within 4 inches (10.2 cm) of the 

midpoint of the TED frame. The 

horizontal brace bar may be offset 

behind the deflector bars, using spacer 

bars, not to exceed 5 inches (12.7 cm) 

in length and must be constructed of the 

same size or larger material as the 

deflector bars. 

* * * * * 

3. Add Figure 11 to Part 223 to read 

as follows: 

Figure 11 to Part 223—Modified 

Flounder TED 

BILLING CODE 3510–22–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53935 

5. Add Figure 17 to Part 223 to read 

as follows: 

Figure 17 to Part 223—Boone Wedge 

Cut Escape Opening 


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53936 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1EP02SE10.003</GPH> EP02SE10.004</GPH>
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53937 

6. Add Figures 18a, 18b, and 18c to 

Part 223 to read as follows: 

Figures 18a, 18b, and 18c to Part 223— 

Large Frame TED Escape Opening: 

Minimum Dimensions Using All-Bar 

Cuts (Triangular Cut); Large Frame TED 

Escape Opening: Minimum Dimensions 

Using All-Bar Cuts and Leading Edge 

Cut; Large Frame TED Escape Opening: 

Minimum Dimensions Using All-Points 

Side Cut (Rectangular Cut) 

7. Add Figures 19a and 19b to Part 

223 to read as follows: 

Figures 19a and 19b to Part 223— 

Chauvin Shrimp Deflector Installation 

Details 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1EP02SE10.005</GPH>
53938 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

[FR Doc. 2010–21823 Filed 9–1–10; 8:45 am] 

BILLING CODE 3510–22–C 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1EP02SE10.006</GPH>