Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1601

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: December 12, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 01–468 Filed 1–8–01; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 223

[Docket No.980331080-0286-03; I.D.

092100A]

RIN 0648-AK66

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: The National Marine

Fisheries Service (NMFS) is issuing this

final rule to amend the regulations that

require most shrimp trawlers to use

Turtle Excluder Devices (TEDs) in the

waters of the Atlantic and Gulf Areas of

the United States, to reduce the

incidental capture of endangered and

threatened sea turtles during shrimp

trawling. Specifically, NMFS is

permanently approving the Parker soft

TED for use in the waters of the Atlantic

and Gulf Areas of the United States.

DATES: This final rule is effective

January 9, 2001.

ADDRESSES: Chief, Endangered Species

Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 727-570-5312.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. 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

these species as a result of shrimp

trawling activities has been documented

in the Gulf of Mexico and along the

Atlantic seaboard. Under the ESA and

its implementing regulations, taking sea

turtles is prohibited, with exceptions

identified in 50 CFR 223.206. Existing

sea turtle conservation regulations (50

CFR 223.206 and 223.207) require most

shrimp trawlers operating in the Gulf

and Atlantic Areas, defined at 50 CFR

222.102, to have a NMFS-approved TED

installed in each net rigged for fishing,

year- round. TEDs currently approved

by NMFS for shrimp trawling include

single-grid hard TEDs and hooped hard

TEDs conforming to a generic

description, and two types of special

hard TEDs. One type of soft TED–the

Parker soft TED - was approved through

October 13, 2000.

NMFS approved the Parker TED for

use in the waters of the Atlantic and

Gulf Areas of the United States through

an interim final rule (63 FR 17948, April

13, 1998). The interim final rule was set

to expire on October 13, 1999. At that

time, NMFS determined that while there

was sufficient information on the use

and effectiveness of the Parker TED to

continue to allow its use, there was

insufficient information to permanently

approve it. Also, industry expressed

interest in the testing for approval of

variations of the Parker soft TED design.

Therefore, NMFS extended its approval

for 1 year (64 FR 55434, October 13,

1999), to allow time for the collection of

additional data on the use and

effectiveness of the Parker TED and to

allow time for the shrimp industry to

tests new soft TED designs. The

extension expired on October 13, 2000.

NMFS looked at many aspects of the

Parker soft TED’s performance over the

past 30 months in both the Gulf of

Mexico and the South Atlantic.

Observers placed aboard commercial

trawlers have documented sea turtle

capture rates and finfish bycatch

reduction. Intensive law enforcement

efforts have ensured and documented

compliance with the technical

requirements for using the Parker TED.

NMFS’ gear specialists provided initial

training to net shops and trawler fleets

in the proper installation and use of the

Parker TED. Follow-up assistance was

also provided to fishermen and net

makers as they adapted to using the new

soft TED.

Observer Information

NMFS’ observer information generally

shows that the rate of sea turtle capture

in the Parker soft TED is comparable to

hard TEDs. In 1997-1998 in the

southeastern Atlantic, observers

documented three turtle captures in nets

equipped with Parker TEDs. A total of

190 tows were observed, for 515 hours

of trawling. The resulting turtle catch

rate (‘‘Catch per unit effort,’’ or ‘‘CPUE’’)

was 0.005 turtles per 100 ft (30.5 m)

headrope-hour. During the same time

period, observers documented 1 turtle

capture in nets equipped with hard

TEDs. A total of 62 tows were observed,

for 161 hours of trawling, for a CPUE of

0.005 turtles per 100 ft (30.5 m)

headrope-hour. Observations in the Gulf

of Mexico revealed a similar situation,

although turtle catch rates in the Gulf

are much lower overall. In 1998, no

turtle captures were documented by

observers in 133 tows using Parker

TEDs, totaling 1,352 hours of trawling.

During the same time period, 2 turtle

captures were documented by observers

in nets equipped with hard TEDs. A

total of 2,081 tows were observed, for a

total of 9,632 hours of trawling,

representing a CPUE of 0.0001. All of

these observed catch rates for shrimp

trawlers using hard TEDs and Parker

TEDs are small and it is therefore

difficult to make definitive

comparisons.

Shrimp loss in the Parker TED was

also a concern, therefore observer data

was collected to test the Parker TED’s

reliability catching shrimp. Observer

data from the Gulf and South Atlantic

Fisheries Development Foundation and

South Carolina Department of Natural

Resources showed that nets equipped

with a Parker TED experienced an 11.9

and 8.4 percent reduction in shrimp

catch, respectively, compared to a hard

TED-equipped net.

Observations by Law Enforcement

The Protected Resources Enforcement

Team (PRET) is a specially-equipped

team of NMFS law enforcement officers

that focus enforcement attention on

protected resources issues primarily

TEDs– in the southeastern United

States. In 1998, the PRET’s first year in

operation, the team logged 488 hours of

at-sea patrols, boarding 261 vessels as

part of the TED compliance project.

PRET boardings in 1998 focused on

nearshore shrimping grounds along the

coasts of Texas, Louisiana, Georgia, and

South Carolina. A large portion of the

PRET’s efforts in 1999 had been

dedicated to patrols along the Texas

coast, due to the continuing concern

over the number of dead sea turtles that

strand on Texas beaches. From March

16, 1999, through August 19, 1999, the

PRET boarded 241 vessels along the

Texas and Louisiana coasts.

Enforcement efforts in the South

Atlantic prior to October 1999 also

indicated that use of the Parker TED in

the shrimp fleet was very low. The

PRET only encountered one trawler

1602 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

equipped with Parker TEDs during 53

boardings in 1998. NMFS gear

specialists accompanied SCDNR

enforcement officers on patrols of state

waters during May 1999. Out of

approximately 40 trawlers boarded at

sea, two were using Parker soft TEDs.

The U.S. Coast Guard Group in

Charleston, SC reported encountering

only a total of 4 boats with Parker TEDs

over the prior 2 years. No violations

were reported from these seven

boardings.

Since October 13, 1999, the PRET has

concentrated their patrols in the Gulf of

Mexico, where there was virtually no

Parker soft TED use. The Parker TED is

currently being used more in the

Atlantic than in the Gulf, but even in

the Atlantic the use is low (less than 50

boats). The Atlantic shrimping fleet is

routinely inspected for TED compliance

by the U.S. Coast Guard, state natural

resources agency marine patrols, and

NMFS law enforcement agents. No

Parker TED violations have been

documented in the Atlantic. While exact

statistics on the numbers of inspections

are not available, law enforcement

agencies have found that the

compliance rate on the boats that do use

the Parker TED is good.

Parker Soft TED Tests

During 1998 and 1999, industry

representatives expressed an interest in

the testing for approving of Parker TED

variations. NMFS issued the required

testing permits to industry but there

have been no new developments in

Parker TED design reported by industry.

Therefore, NMFS has no new Parker

TED variations to approve and is

approving only the version of the Parker

TED previously approved.

Observations of Gear Specialists

The installation specifications for the

Parker TED included an unprecedented

level of technical detail compared to our

previous soft TED regulations. The

specifications included new

requirements such as limiting

installation to only certain styles of nets,

exact mesh counts for fixing the location

of the soft TED panel in the net, and

detailed sewing instructions for

attaching the panel to the net. As

discussed in the April 13, 1998, interim

final rule (63 FR 17948), NMFS believes

that this level of technical specificity is

required for the Parker TED to achieve

a proper shape and exclude turtles

effectively.

NMFS provided intensive technical

training to assist the shrimp industry to

adopt these stringent technical

requirements. During 1998 and 1999,

NMFS gear specialists held training

sessions throughout the southeastern

United States to improve TED technical

operation and compliance. Technical

assistance included the development of

improved training and educational

materials which were distributed

through the Coast Guard, Sea Grant and

through TED skill building workshops.

Workshops included multimedia

presentations and hands-on instruction

which were highly effective in

transferring technical information. TED

operational manuals were distributed to

assist fishermen in complying with TED

regulations and assist in solving TED

operational problems. In spring 1998,

the training specifically focused on net

shops around the entire Atlantic and

Gulf coasts. Training sessions included

a review of the Parker TED regulatory

requirements and included hands-on

training for installing Parker TEDs.

Generally, net makers did not

experience difficulty with the technical

installation requirements for the Parker

TED; however, NMFS’ gear specialists

provided follow-up visits to work with

net makers requiring further assistance.

During the Spring of 1999, NMFS gear

specialists visited net shops along the

Texas coast to provide follow-up Parker

TED training if necessary, but found no

net shops still making Parker TEDs in

Texas. In the Atlantic, NMFS’ gear

specialists confirmed that only one net

shop in each state (Florida, Georgia,

South Carolina, and North Carolina) was

still installing Parker TEDs in 2000.

Those shops reported no ongoing

technical problems.

NMFS’ gear specialists held

workshops to train Federal and state law

enforcement personnel in the technical

installation requirements for the Parker

soft TED. NMFS’ gear specialists also

accompanied federal and state law

enforcement personnel during at-sea

and dockside boardings to provide

hands-on technical training and to

collect information on TED technical

performance and compliance. This

assistance was provided in North

Carolina, South Carolina, Georgia,

Florida, Alabama, Louisiana, and Texas.

During the period May-July 1999, 3

NMFS gear specialists provided 22 days

of assistance to fishermen in North

Carolina, South Carolina and Georgia in

modifying their TEDs to comply with

the leatherback turtle contingency plan

(60 FR 47713, September 14, 1995).

Although almost all fishermen used

hard TEDs with a large escape opening

to comply with the leatherback

contingency plan, the gear specialists

found 10 vessels in McClellanville,

South Carolina, that were equipped

with Parker TEDs, modified to use the

leatherback escape opening. The

fishermen reported little difficulty in

successfully making the leatherback

modification to their Parker TEDs.

Comments on the October 13, 1999,

Extension of the Interim Final Rule (64

FR 55434)

We received no comments on the

October 13, 1999, extension of interim

final rule that extended the approved

use of the Parker soft TED. Comments

received on the April 13, 1998 interim

final rule (63 FR 17948) were responded

to in the October 13, 1999, extension to

that interim rule (64 FR 55434).

Provisions of this Final Rule

It was NMFS’ intention to make its

approval of the Parker TED permanent

before the 1-year extension of its

approval expired on October 13, 2000.

However, because of an inadvertent

administrative delay, NMFS was not

able to do this before the approval

expired. This final rule permanently

approves the Parker TED for use in the

waters of the Atlantic and Gulf Areas of

the United States. This final rule makes

no changes to the technical

requirements for the Parker TED nor to

the restrictions on the styles of net in

which it may be installed.

Classification

This action has been determined to be

not significant for purposes of Executive

Order 12866.

Pursuant to 5 U.S.C. 553(b)(B), the

Assistant Administrator for Fisheries,

NOAA, (AA) finds that there is good

cause to waive providing prior notice

and opportunity for public comment for

this rule. It would be contrary to the

public interest to delay this rule to

provide prior notice and an opportunity

for public comment because the delay

would deprive fishermen from using a

TED determined by NMFS as meeting

the criteria for approval and whose

approval had expired because of

administrative delay. Without such

delay, the previous approval could have

been made permanent without a waiver,

because providing prior notice and

opportunity for public comment would

not have been required. Finally

providing an opportunity for public

comment is unnecessary given the

public’s opportunity to comment on the

original approval rule (63 FR 17948,

April 13, 1998; 64 FR 55434, October

13, 1999).

Because this final rule does not create

any new regulatory burden, but instead

relieves regulatory restrictions by

allowing an additional option for

complying with existing sea turtle

conservation requirements, under 5

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1603

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

day delay in effective date.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or any other

law, the analytical requirements of the

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

et seq., are inapplicable.

The AA prepared an Environmental

Assessment/Regulatory Impact Review

(EA/RIR) for the April 13, 1998, interim

final rule (63 FR 17948) that approved

the use of the Parker TED through

October 13, 2000. The EA/RIR

concluded that the rule will have no

significant impact on the human

environment. An EA/RIR, prepared for

this final rule, concluded that the

permanent use of the Parker soft TED

will have no significant impact on the

human environment. A copy of the EA/

RIR is available (see ADDRESSES).

List of Subjects in 50 CFR Part 223

Endangered and threatened species,

Exports, Imports, Marine mammals,

Transportation.

Dated: January 2, 2001.

Penelope D. Dalton

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 223 is amended

as follows:

PART 223—THREATENED MARINE

AND ANADROMOUS SPECIES

1. The authority citation for part 223

continues to read as follows:

Authority: 16 U.S.C. 1531 - 1543; subpart

B, § 223.12 also issued under 16 U.S.C. 1361

et seq.

2. § 223.206, paragraph (d)(2)(iv)(B)

the third sentence is revised to read as

follows:

§ 223.206 Exceptions to prohibitions

relating to sea turtles.

* * * * *

(d)* * *

(2)* * *

(iv)* * *

(B)* * * Within such a closed area,

fishing by any shrimp trawler required

to have a NMFS-approved TED in each

net rigged for fishing is prohibited,

unless the TED installed is one

described at § 223.207(a)(7)(ii)(B) or §

223.207(c)(1)(iv)(B), and the owner or

operator of the shrimp trawl has notified

the Southeast Regional Administrator of

his or her intention to fish in that area,

in accordance with the procedure

provided in paragraph (d)(5) of this

section.* * *

* * * * *

3. In § 223.207, introductory text in

paragraph(c), is revised to read as

follows:

§ 223.207 Approved TEDs.

* * * * *

(c) Soft TEDs. Soft TEDs are TEDs

with deflector panels made from

polypropylene or polyethylene netting.

The following soft TEDs are approved

TEDs:

* * * * *

[FR Doc. 01–449 Filed 1–8–01; 8:45 am]

BILLING CODE 3510–22–S