Rule2021-26513
Extension of the Authorized Restricted Tow Times in Lieu of Turtle Excluder Devices for an Additional 30 Days by Shrimp Trawlers in Specific Louisiana Waters
Primary source
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Published
December 7, 2021
Effective
December 7, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishers to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in specific Louisiana State waters (from 91[deg]23' West longitude eastward to the Louisiana/Mississippi border, and seaward out 3 nautical miles (5.6 kilometers)). This action is necessary because environmental conditions resulting from Hurricane Ida are preventing fishers from using TEDs effectively.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Rules and Regulations]
[Pages 69178-69180]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26513]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 211201-0248]
RIN 0648-BK98
Extension of the Authorized Restricted Tow Times in Lieu of
Turtle Excluder Devices for an Additional 30 Days by Shrimp Trawlers in
Specific Louisiana Waters
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: NMFS issues this temporary rule for a period of 30 days, to
allow shrimp fishers to use limited tow times as an alternative to
Turtle Excluder Devices (TEDs) in specific Louisiana State waters (from
91[deg]23' West longitude eastward to the Louisiana/Mississippi border,
and seaward out 3 nautical miles (5.6 kilometers)). This action is
necessary because environmental conditions resulting from Hurricane Ida
are preventing fishers from using TEDs effectively.
DATES: Effective from December 7, 2021, through January 5, 2022.
FOR FURTHER INFORMATION CONTACT: Bob Hoffman, 727-824-5312.
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) 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 part 223)
are followed. The regulations require most shrimp trawlers and summer
flounder trawlers operating in the southeastern United States (Atlantic
area, Gulf area, and summer flounder sea turtle protection area, see 50
CFR 223.206) to have a NMFS-approved TED installed in each net that is
rigged for fishing to allow sea turtles to escape. TEDs currently
approved by NMFS include single-grid hard TEDs and hooped hard TEDs
conforming to a generic description, the flounder TED, and one type of
soft TED--the Parker soft TED (see 50 CFR 223.207).
TEDs incorporate an escape opening, usually covered by a webbing
flap, which allows sea turtles to escape from trawl nets. To be
approved by NMFS, a TED design must be shown to be 97 percent effective
in excluding sea turtles during testing based upon specific testing
protocols (50 CFR 223.207(e)(1)). Approved hard TEDs are described in
the regulations (50 CFR 223.207(a)) according to generic criteria based
upon certain parameters of TED design, configuration, and installation,
including height and width dimensions of the TED opening through which
the turtles escape.
The regulations governing sea turtle take prohibitions and
exemptions provide for the use of limited tow times as an alternative
to the use of TEDs for vessels with certain specified characteristics
or under certain special circumstances. The provisions of 50 CFR
223.206(d)(3)(ii) specify that the NOAA Assistant Administrator for
Fisheries (AA) may authorize compliance with tow time restrictions as
an alternative to the TED requirement if the AA determines that the
presence of algae, seaweed, debris, or other special environmental
conditions in a particular area makes trawling with TED-equipped nets
impracticable. Namely, TEDs can become clogged with debris, which can
prevent target species from passing into the codend of the net and sea
turtles from escaping through the TED opening. The provisions of 50 CFR
223.206(d)(3)(i) specify the maximum tow times that may be used when
tow time limits are authorized as an alternative to the use of TEDs.
Each tow may be no more than 55 minutes from April 1 through October 31
and no more than 75 minutes from November 1 through March 31, as
measured from the time that the trawl doors enter the water until they
are removed from the water. For a trawl that is not attached to a door,
the tow time begins at the time the codend enters the water and ends at
the
[[Page 69179]]
time the codend is emptied of catch on deck. These tow time limits are
designed to minimize the level of mortality of sea turtles that are
captured by trawl nets not equipped with TEDs.
Recent Events
On September 21, 2021, we received a request from the Louisiana
Department of Wildlife and Fisheries (LDWF) to allow the use of tow
times as an alternative to turtle excluder devices (TEDs) because of
excessive storm-related debris on the fishing grounds due to Hurricane
Ida. We subsequently issue a temporary rule allowing tow times as an
alternative to TEDs in Louisiana waters bounded by 91[deg]23' West
longitude (i.e., where the COLREGS demarcation line intersects the ship
channel coming out of the Atchafalaya River), eastward to the
Louisiana/Mississippi border, and seaward out 3 nautical miles (5.6
kilometers) (86 FR 61712, November 8, 2021). This authorization runs
from November 5, 2021, through December 6, 2021. On November 17, 2021,
we received a request from LDWF requesting a 30 day extension of the
authorization (December 7, 2021-January 5, 2022) for the same areas
because of the continued presence of storm related debris in the area.
Continuing investigation by the Southeast Fisheries Science Center,
Pascagoula Lab, Gear Monitoring Team has documented that debris is
still affecting fishermen's ability to use TEDs effectively within the
area bounded by 91[deg]23' West longitude (i.e., where the COLREGS
demarcation line intersects the ship channel coming out of the
Atchafalaya River), eastward to the Louisiana/Mississippi border, and
seaward out 3 nautical miles.
Special Environmental Conditions
The AA finds that debris washed into hurricane-affected Louisiana
state waters has created special environmental conditions that make
trawling with TED-equipped nets impracticable. Therefore, the AA issues
this notification to authorize the use of restricted tow times as an
alternative to the use of TEDs in specific Louisiana state waters (from
91[deg]23' West longitude eastward to the Louisiana/Mississippi border,
and seaward out 3 nautical miles (5.6 kilometers)). Tow times must be
limited to no more than 55 minutes until October 31, and no more than
75 minutes thereafter, as measured from the time that the trawl doors
enter the water until they are removed from the water. For a trawl that
is not attached to a door, the tow time begins at the time the codend
enters the water and ends at the time the codend is emptied of catch on
deck.
Continued Use of TEDs
NMFS encourages shrimp trawlers in the affected areas to continue
to use TEDs if they can do so effectively, even though they are
authorized under this action to use restricted tow times.
NMFS gear experts have provided several general operational
recommendations to fishers to maximize the debris exclusion ability of
TEDs that may allow some fishers to continue using TEDs without
resorting to restricted tow times. To exclude debris, NMFS recommends
the use of hard TEDs made of either solid rod or of hollow pipe that
incorporate a bent angle at the escape opening, in a bottom-opening
configuration. In addition, the installation angle of a hard TED in the
trawl extension is an important performance element in excluding debris
from the trawl. High installation angles can trap debris either on or
in front of the bars of the TED; NMFS recommends an installation angle
of 45[deg], relative to the normal horizontal flow of water through the
trawl, to optimize the TED's ability to exclude turtles and debris.
Furthermore, the use of accelerator funnels, which are allowable
modifications to hard TEDs, is not recommended in areas with heavy
amounts of debris or vegetation. Lastly, the webbing flap that is
usually installed to cover the turtle escape opening may be modified to
help exclude debris quickly: The webbing flap can either be cut
horizontally to shorten it so that it does not overlap the frame of the
TED or be slit in a fore-and-aft direction to facilitate the exclusion
of debris. The use of the double cover flap TED will also aid in debris
exclusion.
All of these recommendations represent legal configurations of TEDs
for shrimpers fishing in the affected areas. This action does not
authorize any other departure from the TED requirements, including any
illegal modifications to TEDs. In particular, if TEDs are installed in
trawl nets, they may not be sewn shut.
Alternative to Required Use of TEDs
The authorization provided by this rule applies to all shrimp
trawlers that would otherwise be required to use TEDs in accordance
with the requirements of 50 CFR 223.206(d)(2) who are operating in
hurricane-affected Louisiana state waters (i.e., from 91[deg]23' West
longitude eastward to the Louisiana/Mississippi border, and seaward out
3 nautical miles (5.6 kilometers)) for a period of 30 days. Through
this temporary rule, shrimp trawlers may choose either restricted tow
times or TEDs to comply with the sea turtle conservation regulations,
as prescribed above.
Alternative to Required Use of TEDs; Termination
The AA, at any time, may withdraw or modify this temporary
authorization to use tow time restrictions in lieu of TEDs through
publication of a notification in the Federal Register, if necessary to
ensure adequate protection of endangered and threatened sea turtles.
Under this procedure, the AA may modify the affected area or impose any
necessary additional or more stringent measures, including more
restrictive tow times, synchronized tow times, or withdrawal of the
authorization if the AA determines that the alternative authorized by
this rule is not sufficiently protecting turtles or no longer needed.
The AA may also terminate this authorization if information from
enforcement, state authorities, or NMFS indicates compliance cannot be
monitored effectively. This authorization will expire automatically on
January 5, 2022, unless it is explicitly extended through another
notification published in the Federal Register.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
The AA has determined that this action is necessary to respond to
an environmental situation to allow more efficient fishing for shrimp,
while providing effective protection for endangered and threatened sea
turtles pursuant to the ESA and applicable regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds that there is good
cause to waive prior notice and opportunity to comment on this rule.
The AA finds that unusually high amounts of debris are creating special
environmental conditions that make trawling with TED-equipped nets
impracticable. Prior notice and opportunity to comment are
impracticable and contrary to the public interest in this instance
because providing notice and comment would prevent the agency from
providing the affected industry relief from the effects of Hurricane
Ida in a timely manner, while continuing to provide effective
protection for sea turtles.
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For the same reasons, the AA finds that there is good cause to
waive the 30-day delay in effective date pursuant to 5 U.S.C.
553(d)(3).
Since prior notice and an opportunity for public comment are not
required to be provided for this action by 5 U.S.C. 553, or by any
other law, the analytical requirements of 5 U.S.C. 601 et seq. are
inapplicable.
Authority: 16 U.S.C. 1531-1543.
Dated: December 2, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-26513 Filed 12-2-21; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.