Federal Register proposed rules — 1996-04-24

issue-1996-04-24Federal Register proposed rules — 1996-04-24Proposed Regulation

Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.

FR Doc. 96-9991 The Age 60 Rule
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18099-18100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9991]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 27264]
RIN 2120-AF96

The Age 60 Rule

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Disposition of comments and notice of agency decisions; 
correction.

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SUMMARY: This document makes a minor correction to the disposition of 
comments and notice of agency decisions regarding the ``Age 60 Rule'' 
published on Wednesday, December 20, 1995 (60 FR 65977).

FOR FURTHER INFORMATION CONTACT:
Mardi Ruth Thompson, AGC-200, Regulations Division, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue, SW, 
Washington, DC 20591, (202) 267-3073.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 1995, the FAA issued a disposition of comments and 
notice of agency decisions, which explained the agency's decision not 
to propose to change the Age 60 Rule (14 CFR 121.383(c)). (60 FR 65977; 
December 20, 1995).
    The Disposition also stated the agency's intention to deny numerous 
petitions for exemption from the Age 60 Rule. In describing the 
petitions for exemption, the FAA referred to reports prepared by 
Richard Golaszewski that petitioners had criticized, and cited reports 
made by Mr. Golaszewski in 1983, 1991, and 1993 (60 FR at 65979). 
However, the reference to the 1993 report was an editorial error, in 
that the 1993 report was not commented on by petitioners. Further, the 
1993 report was into prepared for the FAA, and FAA did not have a copy 
of or rely on it in making its determinations or preparing the 
Disposition.
    The sentence citing to the Golaszewski Reports at 60 FR 65979 
should read as follows:

    They state that studies used by the FAA in the past to justify 
the rule are flawed, including the NIH Study and the reports 
prepared by Richard Golaszewski

[[Page 18100]]

(Acumenics Research and Technology, Incorporated), The Influence of 
Total Flight Time, Recent Flight Time and Age on Pilot Accident 
Rates, Final Report (1983) (First Golaszewski Report); and General 
Aviation Safety Studies: Preliminary Analysis of Pilot Proficiency 
(1991) (Second Golaszewski Report) (section II(b)).

Correction of Publication

    Accordingly, the publication on Wednesday, December 20, 1995, of 
the Disposition of comments and notice of agency decisions (FR Doc. 95-
30546) is corrected as follows:
    1. On page 65979, in the third column, line 28, the word ``and'' is 
inserted before the word ``General''.
    2. On page 65979, lines 30 through 33, the words ``and his 
subsequent work, Additional Analysis of General Aviation Pilot 
Proficiency (1993)'' are removed.

    Issued in Washington, DC on April 18, 1996.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 96-9991 Filed 4-19-96; 10:04 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-9907 Groundfish of the Gulf of Alaska; Limited Access Management of Federal Fisheries In and Off of Alaska; Improve IFQ Program
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18116-18120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9907]

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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 676

[Docket No. 960401095-6095-01; I.D. 032596A]
RIN 0648-AH61

Groundfish of the Gulf of Alaska; Limited Access Management of 
Federal Fisheries In and Off of Alaska; Improve IFQ Program

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to amend portions of the 
regulations implementing the Individual Fishing Quota (IFQ) Program for 
the Pacific halibut and sablefish fixed gear fisheries in and off of 
Alaska. This proposed rule also would eliminate a prohibition 
pertaining to IFQ sablefish in the regulations governing the groundfish 
fisheries in the Gulf of Alaska (GOA). After the first year of the IFQ 
Program's operation, the North Pacific Fishery Management Council 
(Council) and NMFS recognize aspects of the program that need further 
refinement. This action is necessary to make those refinements and is 
intended to improve the ability of NMFS to manage the Pacific halibut 
and sablefish fixed gear fisheries.

DATES: Comments must be received by May 24, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668; Attn: Lori J. Gravel, or deliver to Room 453, 709 W. 9th 
Street, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Regulations codified at 50 CFR part 676 implement the IFQ Program, 
a limited access system for management of the Pacific halibut 
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear 
fisheries in and off of Alaska, under the authority of the Northern 
Pacific Halibut Act with respect to halibut and the Magnuson Fishery 
Conservation and Management Act with respect to sablefish. Further 
information on the rationale for and implementation of the IFQ Program 
is contained in the preamble to the final rule implementing that 
program published in the Federal Register, November 9, 1993 (58 FR 
59375), and in the preambles to subsequent rules amending those 
regulations.
    This action would amend various portions of the regulations 
implementing the IFQ Program and eliminate a prohibition in the GOA 
groundfish regulations that pertains to IFQ sablefish. These changes 
are intended to improve the ability of fishermen to conduct fishing 
operations under the IFQ Program, to refine NMFS' ability to administer 
the program effectively, and to make the program more responsive to 
conservation and management goals for Pacific halibut and sablefish 
fisheries.

Elimination of the 72-hour ``Fair Start'' Provision

    Section 672.7(k) would be repealed to eliminate the prohibition 
against deploying fixed gear during the 72-hour period preceding the 
opening of fixed gear sablefish fishing seasons. Currently, fishermen 
with hook-and-line gear legally deployed in other GOA fisheries during 
the 72-hour period immediately before the opening of sablefish seasons 
are prohibited from participating in those seasons. Under open access, 
this prohibition was designed to prevent such fishermen from gaining an 
advantage over fishermen who could not legally deploy hook-and-line 
gear until the opening of the sablefish season. The regulation, written 
in conformity with a similar restriction in the Pacific halibut fishery 
regulations (50 CFR part 301), was necessary under an open access 
system to ensure that all fishermen in fixed gear sablefish fisheries 
would have equitable opportunities for harvest during extremely brief 
fishing seasons. NMFS has determined that this prohibition is no longer 
necessary. Under the IFQ Program, which lengthened GOA fixed gear 
sablefish seasons, the race for fish and the preemption of grounds are 
no longer problems. The regulation at Sec. 672.7(k) would therefore be 
removed.

Revision of the Owner-aboard Restriction

    Section 676.13(f)(1) would be revised to allow fishermen to leave 
their vessels during the time between their arrival in port and the 
beginning of landing operations. Current IFQ regulations require IFQ 
holders to be aboard vessels used to harvest IFQ fish during all 
fishing operations. The Council intended this requirement to ensure 
that the catcher vessel fleet remain primarily an owner-operator fleet 
and that the IFQ Program not profoundly change the socio-economic 
character of the fixed gear fishing fleet or the coastal Alaskan 
communities where this fleet is based. To this end, Sec. 676.13(f)(1) 
requires IFQ holders to remain onboard vessels containing IFQ harvest 
until all IFQ species have been offloaded. A provision at 
Sec. 676.22(d) permits waiving of the owner-aboard restriction in the 
event of extreme personal emergency.
    While continuing to require that IFQ holders be aboard during 
harvest and landing of IFQ fish, except as allowed by the emergency 
waiver provision, the Council recognizes that less urgent occasions may 
oblige an IFQ holder to leave his or her vessel while in port but 
before offloading of IFQ fish has commenced. Section 676.14(b)(1) 
allows IFQ landings only between the hours of 0600 and 1800, Alaska 
local time (A.l.t.). A fisherman who arrives in port after 1800 hours 
(hrs), A.l.t., must remain on his or her vessel overnight until IFQ 
landings may commence the following day. Such inconveniences are not 
necessary to preserve the intent of the Council.

[[Page 18117]]

    Accordingly, the Council requested that NMFS remove the 
restriction. This action would amend regulations at
    Sec. 676.13(f)(1) to relieve the restriction that IFQ fishermen 
remain aboard in the interim between arriving in port and unloading IFQ 
harvests.

Delivery of IFQ Halibut Bycatch by Salmon Fishermen

    Exceptions to two landing requirements at Sec. 676.14 are proposed 
to encourage salmon fishermen with halibut IFQ to land incidental 
catches of halibut. A provision would be added at Sec. 676.14(a) to 
relieve salmon trollers of the IFQ Program's 6-hour prior notice of 
landing requirement for the purpose of delivering small amounts of IFQ 
halibut bycatch concurrently with legal salmon landings. Salmon troll 
fishermen who possess sufficient halibut IFQ are required to keep 
halibut bycatch. Under current regulations, such fishermen are 
prohibited from unloading IFQ species along with salmon harvests unless 
they have given NMFS the 6-hour prior notice of landing required of all 
IFQ landings.
    Salmon troll fishermen have requested some relief from the prior-
notice reporting requirement to manage small amounts of halibut bycatch 
taken incidental to salmon harvests. No prior notice of landing is 
required for salmon landings, and the fishermen wishing to unload 
salmon but who had not provided sufficient prior notice cannot offload 
IFQ halibut bycatch at the same time.
    Also, a provision would be added at Sec. 676.14(b) to relieve 
salmon fishermen of the restriction that IFQ landings be made between 
the hours of 0600 and 1800, A.l.t., only. This 12-hour landing window 
and the 6-hour prior notice requirement are integral aspects of the IFQ 
Program, providing NMFS with means by which to ensure compliance with 
program regulations. Nevertheless, NMFS recognizes that these 
requirements may contribute to the illegal discard of IFQ halibut 
bycatch in the salmon fishery. Therefore, NMFS would exempt fishermen 
from the 6-hour prior notice requirement and the 12-hour landing window 
for the sole purpose of landing 500 lb (0.227 metric tons (mt)) or less 
of IFQ halibut bycatch concurrently with legal salmon landings. IFQ 
landing reports for such landings would still be required as currently 
prescribed. NMFS reasons that 500 lbs (0.227 mt) is large enough to 
cover halibut bycatches in the salmon troll fishery but not so large as 
to jeopardize the effective monitoring of IFQ landings.

Revision of Shipment Report Requirement

    This action would revise Sec. 676.14(c)(2) to modify IFQ Shipment 
Report requirements. The IFQ Program contains a number of enforcement 
checks designed to discourage and detect illegal transactions and 
marketing of IFQ harvests. By requiring that a Shipment Report 
accompany the transportation of IFQ species beyond the landing point, 
NMFS has the ability to detect the shipment or marketing of IFQ species 
illegally harvested or landed. Current regulations at Sec. 676.14(c)(1) 
require a Shipment Report to be submitted to NMFS before a shipment 
commences. Regulations at Sec. 676.14(c)(2) further require that a 
Shipment Report or a bill of lading containing the same information 
accompany a shipment of IFQ fish to all points of sale within Alaska 
and to the first point of sale outside of Alaska. After the first year 
of the IFQ Program's operation, NMFS believes the current requirement 
to be unnecessary to monitor and enforce the IFQ Program effectively. 
The proposed regulation would modify the current regulation to require 
that the Shipment Report be filled out prior to shipment and submitted 
to NMFS within 1 week after the date on which the shipment occurred. 
The proposed regulation also would require that the Shipment Report or 
a bill of lading accompany a shipment of IFQ species to the first 
destination beyond the landing point only. These changes would relieve 
a reporting requirement on shipments of IFQ fish by allowing Shipment 
Reports to be submitted up to 1 week after the shipment occurred. In 
addition, a registered buyer would be relieved of the requirement to 
produce multiple copies of the Shipment Report.

Revision of Transshipment Requirements

    Section 676.14(e) would be revised to clarify requirements 
governing transshipment of IFQ species. The current regulation may be 
misinterpreted to mean that 24-hour prior notice of a transshipment is 
sufficient to ``authorize'' a transshipment. Authorization of 
transshipments allows NMFS the opportunity to monitor the movement of 
IFQ harvests and thus ensure compliance with program regulations. 
Unless such requests are approved by NMFS 24 hours in advance and 
apprise NMFS of the specific location where a transshipment would 
occur, the enforcement rationale underlying the requirement would be 
lost. The proposed amendment would specify that authorization from a 
clearing officer to transship IFQ species must itself be obtained by 
the prospective transshipper 24 hours before the proposed transshipment 
could occur. The amendment would further require that the request for 
authorization specify the date and location of the proposed 
transshipment.

Tagged Halibut and Sablefish

    A new section would be added to part 676 to allow tagged halibut 
and sablefish to be landed without being debited to a person's IFQ 
halibut or IFQ sablefish quota. The International Pacific Halibut 
Commission (IPHC) has requested that IFQ regulations be amended to 
encourage the landing of tagged halibut in support of the IPHC's 
biological research on halibut. The recapture of tagged fish yields 
important scientific data on growth and migration. The IPHC is 
concerned that such data could be lost if the landing and reporting of 
tagged halibut would place a fisherman in violation of IFQ regulations. 
Accordingly, NMFS would add to IFQ regulations a provision that tagged 
halibut landed pursuant to Sec. 301.18 of Pacific Halibut Fisheries 
Regulations not be counted against an IFQ holder's annual Pacific 
halibut quota. This provision would also apply to the capture of tagged 
sablefish to promote NMFS' fisheries research.

Elimination of Certified Mail Requirements

    Sections 676.20(f)(3) and 676.21(c)(3) would be amended to 
eliminate certified mail requirements. The regulations implementing the 
IFQ Program require NMFS to send IFQ permits and notification of 
eligibility for quota share (QS) transfer by certified mail. The 
purpose of this requirement was to ensure timely receipt of such 
permits and notices. In practice, this requirement has been 
ineffective, since certified mail ensures timely delivery but not 
timely receipt; a substantial number of certified mailings remained 
uncollected in post office boxes, thus defeating the purpose of the 
requirements and providing no substantial benefit to participants in 
the program. To make the IFQ Program more cost-effective, NMFS would 
eliminate certified mail requirements but retain the right to use 
certified mailings on a discretionary basis.

Revisions to the Transfer Process

    The transfer process for QS and IFQ would be revised to address two 
issues identified by NMFS and the fishing industry during the first 
year of fishing

[[Page 18118]]

under the IFQ Program. First, the provision for leasing QS at 
Sec. 676.21(g) would be revised to allow leasing of IFQ under the same 
conditions. Under the current regulations, persons are prohibited from 
leasing more than 10 percent of their QS assigned to vessel categories 
B, C, or D. The Council intended to allow all persons holding QS 
assigned to vessel categories B, C, or D to lease up to 10 percent of 
that QS for a period of 3 years. This intent was partially thwarted by 
Amendment 31 to the Fishery Management Plan for the Groundfish Fishery 
of the Bering Sea and Aleutian Islands Area and Amendment 35 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska, more 
commonly known as the Modified Block Provision to the IFQ Program. The 
Modified Block Provision prohibited the transfer of any QS block except 
as an undivided whole. Because leasing is considered a transfer of QS, 
this prevented a person from leasing blocked QS, unless the blocked QS 
to be leased was less than or equal to 10 percent of the QS held by 
that person for an IFQ species in an IFQ regulatory area. NMFS 
determined that allowing the lease of IFQ separate from QS would 
restore the full benefit of the Council's intent. This would allow a 
person to transfer up to 10 percent of their annual allocation of IFQ 
for an IFQ species in an IFQ regulatory area, whether the QS from which 
the IFQ was derived is blocked or unblocked, because only QS, and not 
IFQ, is blocked. Regulations at Sec. 676.21(a), (f)(1), and (f)(2) also 
would be revised to reflect this change.
    Second, new paragraphs Sec. 676.21(i)(1) and (2) would be added to 
provide for the transfer of all QS and IFQ to the surviving spouse of a 
deceased individual holder of QS or IFQ by right of survivorship, 
unless contrary intent was expressed by the deceased holder of QS or 
IFQ in a probated will. This provision also would allow the surviving 
spouse, first, to transfer any current year's IFQ for the duration of 
the allocation year and, second, to transfer annual allocations of IFQ 
resulting from the total QS transferred by right of survivorship for 3 
calendar years from the date of the death of the deceased holder of QS 
or IFQ. The transfer of QS and IFQ to the surviving spouse is proposed 
in response to requests to NMFS from the industry and is consistent 
with the Council's intent for the IFQ program as evidenced by the FMP 
sections cited above. This action also would benefit surviving spouses 
who were not initially issued QS or who are not IFQ crew members 
because without meeting those criteria the surviving spouse would not 
be eligible to harvest IFQ species. The new provision would allow a 
surviving spouse to transfer the total IFQ resulting from QS for a 
period of 3 years and thereby obtain pecuniary benefit from the QS for 
that period. NMFS determined that 3 years would provide the surviving 
spouse with adequate time to resolve permanently any issues that may 
arise due to receiving QS or IFQ by right of survivorship, including 
subsequent transfers. An Application for Transfer of QS or IFQ to the 
surviving spouse would be approved by the Director, Alaska Region, 
NMFS, when sufficient evidence, such as a death certificate, has been 
provided to verify the death of the holder of QS or IFQ. If the 
deceased provided for distribution of the QS or IFQ in a will that is 
probated, then the QS or IFQ would be transferred under the provisions 
for transfer as a result of court order or operation of law set out in 
Sec. 676.21(e) and other transfer provisions of Sec. 676.21.

Classification

    This proposed rule would not require the collection of information 
not already approved by the Office of Management and Budget (OMB). The 
collection of information originally authorized for the IFQ Program 
included in the request for transshipment authorization information 
regarding the primary port location of the proposed transshipment. The 
requirement that transshipments take place in primary ports only was 
subsequently removed from regulations implementing the IFQ Program. 
However, the information required remains accounted for and approved by 
OMB (OMB control number 0648-0272) regarding IFQs for Pacific halibut 
and sablefish. This proposed action simply reinstates the requirement 
that requests for transshipment authorization include notice of the 
location of the proposed transshipment, although that location no 
longer need be a primary port. The estimated response time for the 
transshipment notice is 6 minutes. The proposed action also restates 
existing requirements for prior notices of landing, shipment reports, 
and applications for transfer of IFQs, all also approved under OMB 
control number 0648-0272. The respective estimated response times for 
these requirements are 12 minutes, 12 minutes, and 2 hours. No 
additional burden is required of the public for information not already 
projected for IFQ recordkeeping and reporting requirements. 
Notwithstanding any other provision of law, no person is required to 
respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The changes contained in this action would: (1) Relax 
restrictions and eliminate prohibitions that have proven unnecessary 
during the IFQ Program's first year of operation that would provide 
fishermen greater freedom to conduct operations in a manner more 
personally and economically convenient; (2) reduce NMFS' administrative 
costs by eliminating the certified mail requirements of the IFQ Program 
that would make administration of the IFQ Program more cost-effective, 
with no reduction of services and at no expense to IFQ Program 
participants or related businesses; (3) clarify a reporting requirement 
that may be ambiguous by simply reinstating the requirement that 
requests for authorization include notice of the location, although 
that location no longer need be a primary port; and (4) provide 
additional benefits to IFQ cardholders and their families by revising 
the transfer process to allow QS and IFQ to be used by spouses of 
deceased IFQ cardholders and allow IFQ to be transferred similarly to 
QS. This action comprises regulatory and administrative adjustments 
meant to improve the IFQ Program's benefits to fishermen and remove 
inhibitions on the ability of small businesses to compete within the 
IFQ Program. None of these changes would impose any additional cost or 
burden on small entities participating in or affected by the IFQ 
Program, nor would these changes require any additional effort or 
information from IFQ fishermen. As a result, a regulatory flexibility 
analysis was not prepared.
List of Subjects
50 CFR Part 672
    Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 676
    Alaska, Fisheries, Reporting and recordkeeping requirements.

[[Page 18119]]

    Dated: April 17, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 672 and 676 
are proposed to be amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for part 672 continues to read as 
follows:

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

    2. In Sec. 672.7, paragraph (k) is removed and reserved.

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
OF ALASKA

    3. The authority citation for part 676 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    4. In Sec. 676.13, paragraph (f)(1) is revised to read as follows:

Sec. 676.13  Permits.

* * * * *
    (f) Inspection. (1) A legible copy of any IFQ permit issued under 
this section must be carried on board the vessel used by the permitted 
person to harvest IFQ halibut or IFQ sablefish at all times that such 
fish are retained on board. Except as specified in Sec. 676.22(d), an 
individual that is issued an IFQ card must remain aboard the vessel 
used to harvest IFQ halibut or IFQ sablefish with that card during all 
fishing operations until arrival at the point of landing and during all 
IFQ landings. The IFQ cardholder must present a copy of the IFQ permit 
and the original IFQ card for inspection on request of any authorized 
officer, clearing officer, or registered buyer purchasing IFQ species. 
Nothing in this paragraph would prevent an individual that is issued an 
IFQ card from being absent from the vessel used to harvest IFQ halibut 
or IFQ sablefish between the time the vessel arrives at the point of 
landing until the commencement of landing.
* * * * *
    5. In Sec. 676.14, paragraphs (a), (b)(1), (c), and (e) are revised 
to read as follows:

Sec. 676.14  Recordkeeping and reporting.

* * * * *
    (a) Prior notice of landing. Except as provided in paragraph (a)(2) 
of this section, the operator of any vessel making an IFQ landing must 
notify the Alaska Region, NMFS, no later than 6 hours before landing 
IFQ halibut or IFQ sablefish, unless permission to commence an IFQ 
landing within 6 hours of notification is granted by a clearing 
officer.
    (1) Prior notice of landings required by this section must be made 
to the toll-free telephone number specified on the IFQ permit between 
the hours of 0600 and 2400, Alaska local time. The notification must 
include the name and location of the registered buyer(s) to whom the 
IFQ halibut or IFQ sablefish will be landed, the vessel identification, 
the estimated weight of the IFQ halibut or IFQ sablefish that will be 
landed and the identification number(s) of the IFQ card(s) that will be 
used to land the IFQ halibut or IFQ sablefish, and the anticipated date 
and time of landing.
    (2) The operator of a category ``B,'' ``C,'' or ``D'' vessel, as 
defined at Sec. 676.20(a)(2), making an IFQ landing of IFQ halibut of 
500 lb (0.227 mt) or less of weight determined pursuant to 
Sec. 676.22(c)(3)(ii) and concurrent with a legal landing of salmon is 
exempt from the prior notice of landing required by this section.
    (b) * * *
    (1) IFQ landings may commence only between the hours of 0600 and 
1800 Alaska local time unless:
    (i) Permission to land at a different time is granted in advance by 
a clearing officer; or
    (ii) IFQ halibut of 500 lb (0.227 mt) or less of weight determined 
pursuant to Sec. 676.22(c)(3)(ii) is landed concurrently with a legal 
landing of salmon by a category ``B,'' ``C,'' or ``D'' vessel, as 
defined at Sec. 676.20(a)(2).
* * * * *
    (c) Shipment Report. All registered buyers, other than those 
conducting dockside sales, must report their shipments or transfers of 
IFQ halibut and IFQ sablefish. A Shipment Report must be submitted for 
any shipment or transfer of IFQ halibut or IFQ sablefish to any 
location other than the location of the IFQ landing. Shipment Reports 
must specify the species and product type being shipped, the number of 
shipping units, fish product weight, the name of the shipper and 
receiver, the name and address of the consignee and consignor, the mode 
of transportation, and the intended route.
    (1) A registered buyer must complete a Shipment Report for each 
shipment or transfer from that registered buyer within 12 hours of its 
commencement and ensure that the Shipment Report is submitted to, and 
received by, the Alaska Region, NMFS, within 7 days of the date 
shipment or transfer commenced.
    (2) A registered buyer must ensure that a copy of the Shipment 
Report or a bill of lading that contains the same information 
accompanies the shipment to its first destination.
    (3) A registered buyer must submit a revised Shipment Report if any 
information on the original Shipment Report changes prior to the first 
destination of the shipment. A revised Shipment Report must be clearly 
labeled ``Revised Shipment Report,'' and must be received by the Alaska 
Region, NMFS, within 7 days of the change.
* * * * *
    (e) Transshipment. No person may transship processed IFQ halibut or 
IFQ sablefish between vessels without authorization by a clearing 
officer. Authorization from a clearing officer must be obtained for 
each instance of transshipment at least 24 hours before the 
transshipment is intended to commence. Requests for authorization must 
specify the date and location of the transshipment.
* * * * *
    6. Section 676.19 is added to Subpart B to read as follows:

Sec. 676.19  Tagged halibut and sablefish.

    (a) Nothing contained in this part shall prohibit any person at any 
time from retaining and landing a Pacific halibut or sablefish that 
bears at the time of capture a research tag from any state, Federal, or 
international agency, provided that the halibut or sablefish is:
    (1) A Pacific halibut landed pursuant to 50 CFR 301.18; or
    (2) A sablefish landed in accordance with the Tagged Groundfish 
Research Program.
    (b) Tagged halibut or sablefish landed pursuant to paragraphs 
(a)(1) and (a)(2) of this section shall not be calculated as part of an 
individual's IFQ harvest or be debited against an individual's halibut 
or sablefish IFQ.
    7. In Sec. 676.20, paragraph (f)(3) is revised to read as follows:

Sec. 676.20  Individual allocations.

* * * * *
    (f) * * *
    (3) The Regional Director shall issue to each QS holder, pursuant 
to Sec. 676.13, an IFQ permit accompanied by a statement specifying the 
maximum amount of halibut and sablefish that may be harvested with 
fixed gear in a specified IFQ regulatory area and vessel category as of 
January 31 of that year. Such IFQ permits will be mailed to each QS 
holder at the address on record for that person after the beginning of 
each fishing year but prior to the start of the annual IFQ fishing 
season.
* * * * *

[[Page 18120]]

    8. In Sec. 676.21, paragraphs (a), (c)(3), (f)(1), (f)(2), and (g) 
are revised, and paragraph (i) is added to read as follows:

Sec. 676.21  Transfer of QS and IFQ.

* * * * *
    (a) Transfer procedure. An Application for Transfer of QS/IFQ 
(Application for Transfer) must be approved by the Regional Director 
before a person may use IFQ to harvest IFQ halibut or IFQ sablefish, 
whether the IFQ was the result of a direct transfer or the result of a 
QS transfer. An Application for Transfer will not be approved until the 
Regional Director has reviewed and approved the transfer agreement 
signed by the parties to the transaction. The Regional Director shall 
provide an Application for Transfer form to any person on request. 
Persons who submit an Application for Transfer to the Regional Director 
for approval will receive notification of the Regional Director's 
decision to approve or disapprove the Application for Transfer, and, if 
applicable, the reason(s) for disapproval, by mail posted on the date 
of that decision, unless another communication mode is requested on the 
Application for Transfer. QS or IFQ accounts affected by an approved 
Application for Transfer will change on the date of approval. New QS 
certificates and IFQ permits, as necessary, will be sent with the 
notice of the Regional Director's decision.
* * * * *
    (c) * * *
    (3) Applicants will be notified by mail of the Regional Director's 
approval of an application for eligibility.
* * * * *
    (f) Transfer restrictions. (1) Except as provided in paragraph (e) 
or paragraph (f)(2) of this section, only persons who are IFQ crew 
members or who were initially issued QS assigned to vessel categories 
B, C, or D, and meet the other requirements in this section, may 
receive by transfer QS assigned to vessel categories B, C, or D, or the 
IFQ resulting from it.
    (2) Except as provided in paragraph (f)(3) of this section, only 
persons who are IFQ crew members, and meet the other requirements in 
this section, may receive by transfer QS assigned to vessel categories 
B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for 
halibut or in the IFQ regulatory area east of 140 deg. W. long. for 
sablefish.
* * * * *
    (g) Transfer of IFQ. (1) Pursuant to paragraph (a) of this section, 
an Application for Transfer must be approved by the Regional Director 
before a person may use any IFQ that results from a direct transfer to 
harvest halibut or sablefish. After approving the Application for 
Transfer, the Regional Director will change any IFQ accounts affected 
by the approved transfer and issue all necessary IFQ permits.
    (2) (Applicable until January 2, 1998). A person may transfer no 
more than 10 percent of the total IFQ resulting from QS held by that 
person and assigned to vessel categories B, C, or D for any IFQ species 
in any IFQ regulatory area to one or more persons for any fishing year.
* * * * *
    (i) Transfer to the surviving spouse. (1) On the death of an 
individual who holds QS or IFQ, the surviving spouse receives all QS 
and IFQ held by the decedent by right of survivorship unless a contrary 
intent was expressed by the decedent in a will which is probated. The 
Regional Director will approve an Application for Transfer to the 
surviving spouse when sufficient evidence has been provided to verify 
the death of the individual.
    (2) The Regional Director will approve, for 3 calendar years 
following the date of death of an individual, an Application for 
Transfer of IFQ from the surviving spouse to a person eligible to 
receive IFQ under the provisions of this section, notwithstanding the 
limitations on transfers of IFQ in paragraph (g)(2) of this section.
[FR Doc. 96-9907 Filed 4-23-96; 8:45 am]
BILLING CODE 3510-22-F

Complete official Federal Register PDF

FR Doc. 96-10162 Operation of Certain Domestic Ship and Aircraft Radio Stations Without Individual Licenses
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Page 18227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10162]

Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / 
Proposed Rules
=======================================================================
-----------------------------------------------------------------------

[[Page 18227]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 80 and 87

[CC Docket No. 96-82, FCC 96-145]

Operation of Certain Domestic Ship and Aircraft Radio Stations 
Without Individual Licenses

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: Pursuant to the 1996 Telecommunications Act, this NPRM 
proposes to amend the Commission's rules regarding ship and aircraft 
radio stations, to remove the individual radio licensing requirement 
and to authorize by rule the operation of radio equipment on 
recreational vessels and aircraft. The Federal Communications 
Commission (``Commission'') tentatively concludes that individual 
licenses are unnecessary for either the safety or operational 
requirements of these vessels and aircraft. It also tentatively 
concludes that individual licensing is unnecessary to meet its 
regulatory and spectrum management responsibilities with regard to 
these services, and that eliminating the individual licensing 
requirement will remove an unnecessary regulatory burden on the public. 
This proposed rule is being considered with the adoption of interim 
rules published concurrently in the Federal Register.

DATES: Comments are due on or before May 10, 1996. Reply comments are 
due on or before May 20, 1996. Informal comments may be filed on or 
before May 20, 1996.

ADDRESSES: You must send comments and reply comments to the Office of 
the Secretary, Federal Communications Commission, Washington, D.C. 
20554. You may also file informal comments by electronic mail. You 
should address informal comments to [email protected]. You must put the 
docket number of this proceeding on the subject line (``WT Docket No. 
96-82''). You must also include your full name and Postal Service 
mailing address in the text of the message.

FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless 
Division, Wireless Telecommunications Bureau, (202) 418-0871, or at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking in WT Docket No. 96-82, adopted April 1, 
1996, and released April 12, 1996.
    The complete text of the Notice of Proposed Rulemaking is available 
for inspection and copying during normal business hours in the FCC 
Reference Center (Room 230), 1919 M Street, N.W., Washington D.C., and 
also may be purchased from the Commission's copy contractor, 
International Transcription Services, at (202) 857-3800, 1919 M Street, 
N.W., Room 246, Washington, D.C. 20554.

Synopsis of Notice of Proposed Rulemaking

    This Notice of Proposed Rule Making (NPRM) proposes to revise the 
Commission's rules pursuant to Section 307(e) of the Communications Act 
of 1934 (the ``Communications Act''), as amended by Section 403(i) of 
the Telecommunications Act of 1996. With this NPRM, the Commission 
proposes to revise its rules for the Maritime Services and the Aviation 
Services to reflect our conclusion that this individual licensing 
requirement should be removed.
    Section 403(i) of the 1996 Telecommunications Act amended Section 
307(e)(1) of the Communications Act as follows:

    [I]f the Commission determines that such authorization serves 
the public interest, convenience, and necessity, the Commission may 
by rule authorize the operation of radio stations without individual 
licenses in . . . (C) the aviation radio service for aircraft 
stations operated on domestic flights when such aircraft are not 
otherwise required to carry a radio station; and (D) the maritime 
radio service for ship stations navigated on domestic voyages when 
such ships are not otherwise required to carry a radio station.

Pursuant to this statutory authority, the Commission tentatively 
concludes that it serves the public interest, convenience, and 
necessity to authorize, by rule, recreational vessel and aircraft radio 
stations. Accordingly, the Commission proposes to amend its rules to 
remove the individual radio licensing requirement for these vessels and 
aircraft. Under this proposal, the Commission would eliminate the 
requirement that members of the public have an individual license to 
operate a marine VHF radio, any type of emergency position indicating 
radio beacon (EPIRB), and/or radar on board a recreational vessel. 
Similarly, the Commission would eliminate the requirement that members 
of the public have an individual license to operate a VHF aircraft 
radio and/or any type of emergency locator transmitter (ELT) on board a 
recreational aircraft.

Initial Regulatory Flexibility Analysis

    Reason for action. The purpose of this NPRM is to determine, 
pursuant to the Telecommunications Act of 1996, whether it is in the 
public interest, convenience, and necessity to amend the rules to 
remove the individual radio licensing requirement for vessels and 
aircraft that operate domestically and are not subject to the radio 
carriage requirements of any statute or treaty.
    Objectives. The objective of this NPRM is to request public comment 
on the proposals made herein.
    Legal basis. The authority for this action is the Administrative 
Procedure Act, 5 U.S.C. Sec. 553; and Sections 4(i), 4(j), 301, 303(r), 
and 307(e) of the Communications Act of 1934 as amended, 47 U.S.C. 
Secs. 145, 301, 303(r) and 307(e).
    Reporting, recordkeeping and other compliance requirements. 
Compliance requirements would be reduced if the proposal in this NPRM 
is adopted.
    Federal rules which overlap, duplicate or conflict with these 
rules. None.
    Description, potential impact and number of small entities 
involved. Most applicants for individual recreational licenses are 
individuals. However, to the extent any are small entities, the 
proposed rule would eliminate the burden of filing for individual 
recreational vessel or aircraft licenses.
    Significant Alternatives. None.

Ordering Clauses

    Accordingly, it is ordered that this Notice of Proposed Rule Making 
is hereby adopted.
    It is further ordered that the Secretary shall mail a copy of this 
document to the Chief Counsel for Advocacy, Small Business 
Administration, the Administrator, Federal Aviation Administration, and 
the Commander, United States Coast Guard Auxiliary.

List of Subjects

47 CFR Part 80

    Radio, Vessels.

47 CFR Part 87

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-10162 Filed 4-23-96; 8:45 am]
BILLING CODE 6712-01-P

Complete official Federal Register PDF

FR Doc. 96-10087 Sea Turtle Conservation; Revisions to Sea Turtle Conservation Requirements; Restrictions to Shrimp Trawling Activities; Hearings
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18102-18116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10087]

=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No. 950830222-6103-02; I.D. 011696D]
RIN 0648-AH89

Sea Turtle Conservation; Revisions to Sea Turtle Conservation 
Requirements; Restrictions to Shrimp Trawling Activities; Hearings

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

ACTION: Proposed rule; hearings; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to amend the regulations protecting sea turtles 
to enhance their effectiveness in reducing sea turtle mortality 
resulting from shrimp trawling in the Atlantic and Gulf Areas in the 
southeastern United States. Proposed amendments to strengthen the sea 
turtle conservation measures are: Removal of the approval of the use of 
all soft turtle excluder devices (TEDs) effective December 31, 1996; 
requiring by December 31, 1996, the use of NMFS-approved hard TEDs in 
try nets with a headrope length greater than 12 ft (3.6 m) or a 
footrope length greater than 15 ft (4.6 m); establishing Shrimp Fishery 
Sea Turtle Conservation Areas (SFSTCAs) in the northwestern Gulf of 
Mexico consisting of the offshore waters out to 10 nautical miles 
(nm)(18.5 km) along the coasts of Louisiana and Texas from the 
Mississippi River South Pass (west of 89 deg.08.5' W. long.) to the 
U.S.-Mexican border, and in the Atlantic consisting of the inshore 
waters and offshore waters out to 10 nm (18.5 km) along the coasts of 
Georgia and South Carolina from the Georgia-Florida border to the North 
Carolina-South Carolina border; and, within the SFSTCAs, removing the 
approval of all soft TEDs, imposing the new try net restrictions, and 
prohibiting the use of bottom-opening hard TEDs, effective 30 days 
after publication of the final rule.

DATES: Comments on this proposed rule must be submitted on or before 
June 10, 1996.

ADDRESSES: Comments on this proposed rule and requests for a copy of 
the environmental assessment (EA) prepared for this proposed rule 
should be addressed to the Chief, Endangered Species Division, Office 
of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or 
Therese A. Conant, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

    All sea turtles that occur in U.S. waters are listed as either 
endangered or threatened under the Endangered Species Act of 1973 
(ESA). The Kemp's ridley (Lepidochelys kempi), leatherback (Dermochelys 
coriacea), and hawksbill (Eretmochelys imbricata) are listed as 
endangered. Loggerhead (Caretta caretta) and green (Chelonia mydas) 
turtles are listed as threatened, except for breeding populations of 
green turtles in Florida and on the Pacific coast of Mexico, which are 
listed as endangered.
    The incidental take and mortality of sea turtles as a result of 
shrimp trawling activities have been documented in the Gulf of Mexico 
and along the Atlantic seaboard. Under the ESA and its implementing 
regulations, taking sea turtles is prohibited, with exceptions set 
forth at 50 CFR 227.72. The incidental taking of turtles during shrimp 
trawling in the Gulf and Atlantic Areas is excepted from the taking 
prohibition if the conservation measures specified in the sea turtle 
conservation regulations (50 CFR part 227, subpart D) are employed. The 
regulations require most shrimp trawlers operating in the Gulf of 
Mexico and Southeast U.S. Atlantic to have a NMFS-approved TED 
installed in each net rigged for fishing, year round.

1994-95 Events

    Beginning in April 1994, coinciding with heavy nearshore shrimp 
trawling activity, unusually high numbers of dead sea turtles stranded 
along the coasts of Texas, Louisiana, Georgia, and northeast Florida. 
The strandings continued through May and occurred in highest numbers 
where shrimping activity was heaviest. Texas waters were closed to 
shrimping from May 13 through July 7, 1994. During that time, Texas 
strandings decreased, but again increased when Texas waters reopened. 
In response, NMFS increased enforcement efforts and technical 
assistance. Subsequently, strandings again decreased. Finally, when 
NMFS resumed normal enforcement efforts, high numbers of dead turtles 
again stranded on northern Texas beaches. As

[[Page 18103]]

a result of these strandings, NMFS reinitiated consultation on the 
shrimp fishery pursuant to section 7 of the ESA, and concluded in its 
November 14, 1994, Biological Opinion (Opinion) that the long-term 
operation of the shrimp fishery, resulting in mortality of Kemp's 
ridleys at levels observed in 1994, was likely to jeopardize the 
continued existence of the Kemp's ridley population and could prevent 
the recovery of the loggerhead population. The major apparent cause of 
the 1994 strandings was determined to be the improper use of TEDs by 
shrimpers in the Gulf of Mexico. Other causes identified were: (1) 
Certification of TEDs that are ineffective or incompatible with net 
types; and (2) intensive ``pulse'' fishing in areas of high sea turtle 
abundance during the spring and summer of 1994. The simultaneous 
occurrence of intensive fishing effort and Kemp's ridley sea turtles 
may have led to the repeated submergence of individual turtles in short 
time periods, which may have contributed to the high level of 
mortality.
    The Opinion contained a reasonable and prudent alternative and 
Incidental Take Statement that required NMFS to develop and implement a 
Shrimp Fishery Emergency Response Plan (ERP) to respond to future 
stranding events and to ensure compliance with sea turtle conservation 
measures. As a general statement of policy, the ERP provided for 
elevated enforcement of TED regulations in two areas: The Atlantic 
Interim Special Management Area, which included shrimp fishery 
statistical Zones 30 and 31 (northeast Florida and Georgia); and the 
Northern Gulf Interim Special Management Area, which included 
statistical Zones 13 through 20 (Louisiana and Texas from the 
Mississippi River to North Padre Island). The ERP also identified 
stranding levels comprising the incidental take level required with the 
Opinion, and identified management measures to be implemented in the 
event of elevated strandings or observed noncompliance with the 
regulations. A detailed discussion of the ERP was first published in a 
notice of availability (60 FR 19885, April 21, 1995) and again when it 
was revised (60 FR 52121, October 5, 1995), and is not repeated here.
    With the onset of nearshore shrimping in Texas in April 1995 and in 
Georgia in June 1995, sea turtle strandings again climbed to high 
levels. Temporary requirements to reduce sea turtle mortality were 
placed on shrimp trawling in nearshore waters along two sections of the 
Texas and Louisiana coast on April 30, 1995 (60 FR 21741, May 3, 1995), 
and on the Georgia coast on June 21, 1995 (60 FR 32121, June 20, 1995). 
The 30-day requirements included the prohibition of soft TEDs and 
bottom-opening hard TEDs, prohibition of the use of a webbing flap 
completely covering the escape opening on a TED, and prohibition of 
large try nets (over 12 ft (3.6 m) headrope length) without a NMFS-
approved TED installed. Compliance with the regulatory requirements was 
observed to be high, and turtle strandings decreased after restrictions 
were implemented in both the Gulf and Atlantic. A detailed discussion 
of those restrictions, and reasons therefor, is provided in the 
preamble to those rules and is not repeated here.
    Every year, offshore waters along Texas boundaries are closed to 
shrimp fishing out to 200 nm (370.6 km) for 6 to 8 weeks in the late 
spring and early summer. The Texas closure is coordinated each year by 
State and Federal fishery managers to allow shrimp to grow to more 
valuable sizes and increase profits in the fishery. The exact dates of 
the closing and reopening is set by the State of Texas, which monitors 
shrimp sizes and distributions to determine the optimum time to open 
the fishery. Generally, the closure begins around May 15 and ends 
around July 7. In 1995, the waters off Texas were closed to shrimp 
fishing from May 15 to July 15. The closure period is usually marked by 
low levels of sea turtle strandings, and is followed by very large 
increases in strandings when waters reopen to shrimping, with many 
shrimpers from Texas and other states participating. For example, 
during the period between 1990-94, stranding data suggest an 8-1/2 fold 
increase in sea turtle strandings in Texas between the reopening of the 
waters off Texas to shrimping and the period of the closure. A detailed 
discussion of the strandings and events is provided in the preamble of 
a proposed rule to temporarily implement additional restrictions on 
shrimp trawlers (60 FR 31696, June 16, 1995) and is not repeated here.
    Although a repeat of the 1994 stranding levels had been possible, 
NMFS did not take restrictive actions before Texas waters reopened in 
1995 to attempt to reduce strandings, because of several factors: (1) 
NMFS gear experts observed that the deployment of high-quality, 
properly installed TEDs in the Texas shrimp trawl fleet was greatly 
improved over 1994; (2) enforcement reports and contacts with shrimp 
industry participants indicated that a large proportion of shrimpers 
would voluntarily use NMFS's preferred gear for turtle escapement (top-
opening hard TEDs); and (3) the 1995 reopening did not occur until July 
15, the latest date in recent years. Pre-opening surveys conducted by 
Texas indicated that shrimp off Texas were abundant but widely 
distributed and shrimp trawl effort would, therefore, not likely be 
concentrated in small areas. Thus, the proposed rule was withdrawn (60 
FR 43106, August 18, 1995).
    The 1995 Texas opening produced the expected heavy level of 
shrimping effort but significantly fewer strandings than were 
documented in the week following the opening in 1994: 18 strandings 
were reported in 1995 compared with 49 in 1994. However, in those areas 
where strandings were high, law enforcement information revealed 
differing levels of cooperation with NMFS' request to use top-opening 
hard TEDs. The United States Coast Guard (USCG) District Eight Office 
of Law Enforcement summarized boarding information for NMFS and 
reported that soft TED use was much more common in those NMFS shrimp 
fishery statistical zones where strandings were highest. In Zones 19 
and 20, soft TEDs were seen on 20 and 34.3 percent, respectively, of 
the shrimp trawlers boarded, while in Zones 17, 18, and 21, soft TEDs 
were in use on only 0.0, 1.6, and 9.7 percent, respectively, of the 
trawlers boarded. Aerial surveys of shrimping effort following the 
Texas opening conducted by LGL Ecological Research Associates showed 
that shrimping effort in close proximity to the beach, i.e., within 1 
mile (1.6 km), was highest in Zones 19 and 20, where strandings were 
also highest. The low nearshore effort in Zones 18 and 21, along with 
the insignificant use of soft TEDs (as mentioned previously), was 
likely a contributor to the low turtle strandings in those zones upon 
reopening.
    Temporary requirements were imposed in coastal waters along Georgia 
and the southern portion of South Carolina on August 11, 1995 (60 FR 
42809, August 17, 1995). In the temporary requirements, NMFS allowed 
the use of bottom-opening hard grid TEDs while prohibiting the use of 
soft TEDs and larger try nets without hard TEDs due to comments 
received objecting to the imposition of multiple gear restrictions in 
previous actions. The commenters stated that the relative contribution 
of soft TEDs and bottom-opening hard TEDs to sea turtle strandings 
could not be distinguished and that use of bottom-opening hard TEDs 
should be allowed to determine their effectiveness.
    In an unrelated action, a Federal District Court imposed temporary 
requirements upon shrimpers in a

[[Page 18104]]

portion of the Gulf as a result of a motion for temporary injunctive 
relief filed by plaintiffs in Center for Marine Conservation v. Brown, 
No. G-94-660 (S.D. Tx, Aug. 1, 1995). NMFS published a rule (60 FR 
44780, August 24, 1995) that mirrored these restrictions, imposed along 
the entire Texas coast and the western portion of Louisiana effective 
on August 3, 1995. A description of the ruling, restrictions, and 
reasons therefor, is provided in the preamble to the rule and is not 
repeated here. However, the restrictions imposed in both the Gulf and 
Atlantic areas were similar in that soft TEDs were prohibited while 
bottom-opening hard grid TEDs were allowed.
    Strandings in Texas and South Carolina were generally low while the 
rules prohibiting soft TEDs were in effect. In Georgia, however, 
strandings were elevated, with 27 sea turtles stranding on Georgia 
offshore beaches over the 4-week period from August 13, 1995 to 
September 9, 1995. This difference in effectiveness of the two rules in 
the two areas may be attributable to the preference of Texas shrimpers 
for top-opening TEDs, whereas Georgia shrimpers generally prefer 
bottom-opening hard TEDs.

Advance Notice of Proposed Rulemaking and the Texas Shrimp 
Association Petition for Rulemaking

    On September 13, 1995 (60 FR 47544), NMFS published an Advance 
Notice of Proposed Rulemaking (ANPR), which announced that it was 
considering proposing regulations that would identify special sea 
turtle management areas in the southeastern Atlantic and Gulf of Mexico 
and impose additional conservation measures to protect sea turtles in 
those areas. The ANPR was in response to the need for such measures 
identified in NMFS' biological opinions on shrimp trawling, as well as 
the 1995 stranding and regulatory events and additional information 
regarding the need to more effectively protect sea turtles from 
incidental capture and mortality in the shrimp trawl fishery. At the 
same time, NMFS also announced receipt of a petition for rulemaking 
from the Texas Shrimp Association (TSA) to revise the current sea 
turtle conservation requirements for the shrimp trawl fishery in the 
southeastern United States. The petition was based on a report: ``Sea 
Turtle and Shrimp Fishery Interactions--Is a New Management Strategy 
Needed?'' prepared by LGL Ecological Research Associates, Inc., for TSA 
(LGL Report). NMFS solicited public comment on the LGL Report and 
information on sea turtles and shrimp trawling and the need for 
identification of certain areas in the southeastern United States that 
require special management measures, and what those measures should be.

Comments on the ANPR and the TSA Petition for Rulemaking

    NMFS received over 900 responses to the request for comments on the 
ANPR and the petition for rulemaking based on the LGL Report (60 FR 
47544, September 13, 1995). NMFS has reviewed all comments received. 
Comments are grouped according to general subject matter, and 
references are made only to some organizations or associations, and not 
to all of the groups or private individuals who may have made similar 
comments.

Soft TEDs

     Comment 1: Shrimp industry associations, environmental 
organizations and a state agency support prohibiting the use of soft 
TEDs. These commenters cite problems with soft TED efficiency in 
excluding turtles and the inability to enforce proper installation and 
use of soft TEDs. However, many industry representatives supported the 
LGL Report, which does not specify prohibiting soft TEDs. Several other 
industry groups stated that, since soft TEDs are certified to exclude 
97 percent of the turtles encountered and TED compliance has approached 
100 percent, soft TEDs should be allowed and that shrimpers should be 
educated on correct installation to improve soft TED effectiveness.
    Response: NMFS agrees that documented TED compliance has generally 
been excellent. NMFS also recognizes that some soft TEDs have performed 
well in certification trials and are currently approved for use. 
However, even though soft TEDs must be constructed exactly to the 
specifications in the regulations, soft TEDs are more difficult than 
hard TEDs to construct and install properly to achieve proper turtle 
exclusion. Soft TEDs are frequently installed incorrectly and are 
installed in certain types of trawl nets that can cause the soft TEDs 
to pocket or bag and, thus, entangle sea turtles. Consequently, soft 
TEDs that may release turtles under controlled, pristine conditions, 
such as the certification trials, might not release turtles in actual 
open-water use. Hard TEDs by comparison are less subject to 
variability, and therefore are more consistent in their effectiveness 
at turtle exclusion. For further detail see the discussion below, under 
the heading ``Eliminate Soft TEDs as Approved TEDs.''
    Recent stranding data also indicate that soft TEDs are entangling 
sea turtles. Analysis of strandings and compliance rates following the 
July 15, 1995, opening of Texas offshore waters to shrimping indicates 
that strandings were highest in areas where the use of soft TEDs was 
prevalent. Although other factors, particularly the distribution of 
shrimping effort, may have contributed to the observed stranding 
patterns in Texas, the data suggest that prohibiting the use of soft 
TEDs would provide more effective protection for sea turtles.
    NMFS also agrees that enforcement of requirements for soft TEDs is 
highly problematic. Thorough inspection of a soft TED on board a shrimp 
trawler at sea is virtually impossible. The inspection of large areas 
of soft TED webbing inside a wet, heavy, slack trawl filled with debris 
and bycatch in the confined area of a trawler's aft deck is difficult, 
and it requires a great deal of time to examine the panel completely to 
determine whether it is properly attached, meets regulatory 
specifications, and is free of holes. Even then, it is impossible for 
an enforcement officer to determine whether the soft TED will achieve a 
proper shape during actual use. Also, the long time spent inspecting a 
soft TED can represent significant lost fishing time for the shrimper.
    Furthermore, because of the inherent complications and difficulties 
in installing soft TEDs, they can be improperly installed even before 
they are used. This may be due to misunderstandings regarding what 
constitutes a legal soft TED. Recently, the USCG training center in New 
Orleans ordered trawl nets with three types of soft TEDs from a major 
soft TED manufacturer to use in USCG training sessions. Upon receipt, 
the USCG and NMFS determined that none of the soft TEDS met the 
specifications set forth in the regulations.
    In summary, NMFS has observed that soft TEDs are difficult to 
manufacture and install properly and that, even if installed properly, 
they stretch, bag and pocket with use, and thus entangle turtles. 
Accordingly, NMFS proposes to remove its approval of the use of soft 
TEDs in order to help alleviate shrimping-related mortality of sea 
turtles.
    Comment 2: The South Carolina Department of Natural Resources 
(SCDNR) provided comments advocating the elimination of soft TEDs on 
the basis of the same problems cited in the response to Comment 1, but 
also stated that some South Carolina shrimpers prefer to use soft TEDs 
in the fall because of their ability to reduce

[[Page 18105]]

menhaden bycatch. The commenter recommended allowing the use of soft 
TEDs in the fall, but prohibiting their use during the rest of the 
year.
    Response: NMFS recognizes that TEDs offer shrimpers various 
benefits, including the reduction of fish bycatch. The primary purpose 
of TEDs, however, is the exclusion of sea turtles incidentally captured 
in trawls. For the reasons already discussed, NMFS does not believe 
that soft TEDs in commercial use are sufficiently effective at turtle 
exclusion. Encouraging shrimpers to remove and re-install soft TEDs in 
their nets in different seasons would likely increase the potential for 
improper soft TED installations. There are other bycatch reduction 
devices, specifically created to eliminate finfish bycatch, that are 
compatible with hard TED designs.

Try Nets

    Comment 3: Several commenters from the shrimp industry stated that 
TEDs do not exist for try nets and that most industry participants use 
15-18 ft (4.6 - 5.5 m) headrope try nets. One state agency recommended 
limiting the size of legal try nets to 16 ft (4.9 m) in footrope length 
to be consistent with proposals from the South Atlantic Fishery 
Management Council on the use of bycatch reduction devices in try nets. 
Commenters from the environmental community recommended TEDs in try 
nets greater than 12 ft (3.6 m) headrope and one group recommended that 
all try nets be required to have TEDs.
    Response: Although try nets 20 feet or less in headrope length have 
been exempted from the TED requirements because they are only intended 
for use in brief sampling tows not likely to result in turtle 
mortality, NMFS has documented that turtles are caught in try nets, and 
either through repeated captures or long tows, try nets contribute to 
the mortality of sea turtles. Takes of sea turtles in try nets, 
including two deaths, have been documented by NMFS, and anecdotal 
accounts suggest multiple sea turtle captures in try nets are occurring 
in Georgia waters. Law enforcement personnel stated that a fisherman 
reported that another individual caught 25 sea turtles in a try net 
with a headrope length of 20 ft (6.1 m) in 2 days of fishing. For 
further detail see the discussion below, under the heading ``Reduce the 
Size of Try Nets that are Exempt from TED Use.''
    NMFS is proposing to require the installation of NMFS-approved TEDs 
in try nets with a headrope length greater than 12 ft (3.6 m). NMFS 
proposes a 15 ft (4.5 m) footrope length cut-off as the appropriate 
corresponding dimension for a 12 ft (3.6 m) headrope length net. Phone 
interviews with net shops in the northern Gulf of Mexico suggested that 
try nets of this size were readily available. Try nets of this size 
have only a small tail bag to accumulate shrimp catch, and there would 
be little incentive to use it longer than necessary to monitor shrimp 
catch rates. NMFS believes that a try net of this size is less likely 
to capture a sea turtle and would unlikely to be fished long enough to 
kill a turtle if it were captured. This size net, however, would still 
be large enough for shrimpers to monitor shrimp catch rates. NMFS also 
believes that a NMFS-approved TED can and should be installed in the 
larger try nets should shrimpers elect to monitor their catch rate with 
larger net sizes.

Shortened Webbing Flaps over TED Escape Openings

    Comment 4: Shrimpers objected to the requirement to shorten webbing 
flaps over TED escape openings implemented by emergency restrictions in 
1995, citing excessive shrimp loss. Other commenters stated that 
shortened webbing flaps should be required at all places and times, or 
in response to high levels of sea turtle strandings. SCDNR commented 
that requiring shortened webbing flaps would cause concern among 
shrimpers because of the perceived loss of large amounts of shrimp, but 
suggested that shortened flaps be required only on bottom-opening TEDs, 
if necessary.
    Response: NMFS recognizes that many shrimpers are extremely 
concerned over shrimp loss through TEDs with shortened flaps, and some 
shrimpers may have experienced real shrimp losses due to shortened 
flaps under the temporary restrictions. Properly installed webbing 
flaps do not hinder turtle release, although TEDs with shortened flaps 
appear to allow turtles to escape more quickly. NMFS required shortened 
webbing flaps in response to stranding events where heavy shrimp 
trawling effort was present and non-compliance (i.e., sewing down full-
length webbing flaps) may contributed to strandings. While shortened 
flaps would make it more difficult to sew closed the escape opening of 
a TED, instances of egregious non-compliance were not frequent. 
Consequently, NMFS does not believe that the TED regulations should be 
changed to require shortened webbing flaps on top- or bottom-opening 
hard TEDs. With bottom-opening TEDs, webbing flaps may be held shut if 
the TED rides on the bottom due to insufficient flotation or heavy 
loading of the cod end, but turtle escape would still be impossible 
with a shortened flap if the escape opening were blocked by the sea 
bottom.

Accelerator Funnels

    Comment 5: SCDNR suggested that turtles could become entangled in 
accelerator funnels, which are allowable modifications to hard TEDs.
    Response: NMFS has conducted exhaustive research of TEDs equipped 
with accelerator funnels and has not documented any turtle 
entanglements associated with their use in any certification testing or 
trials. The required dimensions for accelerator funnels are even larger 
than the required dimensions for hard TED escape openings. Furthermore, 
NMFS believes that accelerator funnels enhance shrimp retention and are 
a valuable option for shrimpers. NMFS does not intend to propose 
prohibiting the use of accelerator funnels with hard TEDs, unless other 
information becomes available that indicates that accelerator funnels 
are problematic.

The LGL Report

    Almost all commenters provided comments regarding the management 
plan in the LGL Report. Most indicated general support, but many others 
rejected the management proposal in the LGL Report and its analytical 
basis, either in part or completely.
    Comment 6: Numerous commenters asserted that the LGL Report 
represented the best available information on shrimp trawling-sea 
turtle interactions in the Gulf of Mexico and should therefore be 
implemented.
    Response: NMFS has considered and incorporated all new information 
from the LGL Report and other sources in its analysis and biological 
opinions on the shrimp trawling-sea turtle interaction problem. The LGL 
report, however, does not contain any novel research data; rather, it 
reanalyzes previously collected data. NMFS agrees with some of the 
conclusions of the LGL Report, particularly that nearshore shrimp 
trawling is associated with sea turtle mortality and strandings. NMFS 
reached this same conclusion in its November 14, 1994, Biological 
Opinion.
    Comment 7: A large number of commenters from within the shrimp 
industry indicated that they did not support the large area closures 
mandated in the LGL Report when sea turtle strandings rise. These 
commenters stated that shrimp fishery management needs greater 
stability, and areas where capture of turtles is most likely should be 
subject to permanent, special regulations, but not closures. Other 
members of the shrimp trawling

[[Page 18106]]

industry commented that closures should not be considered until other 
alternatives have been examined. Still other comments from within the 
shrimp industry supported closures that also shut down operation of 
other activities, such as oil and gas exploration, oil rig removal, 
boating, and other commercial and recreational fisheries.
    Response: NMFS does not consider closures of the shrimp fishery to 
be an acceptable management measure to protect sea turtles, accept as a 
measure of last resort, only to be considered in the most extreme 
situation, when other alternatives are ineffective. No shrimp fishery 
closures have been implemented by NMFS to protect sea turtles, as NMFS 
has sought to implement sea turtle conservation measures that would 
allow shrimp fishing to continue while providing adequate protection 
for sea turtles.
    NMFS believes that closures that include other, unrelated 
activities, are inappropriate when the other activities are not 
implicated as significant causes of turtle strandings. However, NMFS 
does review other Federal activities and applies necessary, activity-
specific restrictions to protect sea turtles through the section 7 
process of the ESA. As a result of section 7 consultations, seasonal 
restrictions are imposed on hopper dredging activities in the Atlantic, 
and observers are required for dredging and explosive rig removals in 
the Gulf of Mexico. When listed species takes are anticipated, 
incremental modifications to activities are required. Through the 
section 7 process and through research conducted or funded by NMFS, 
NMFS is continually striving to identify and reduce other non-shrimp-
trawling sources of sea turtle mortality.
    Comment 8: Several environmental organizations, numerous private 
individuals, and the Department of the Interior's Office of the 
Secretary objected to the LGL Report's proposal that TED requirements 
be eliminated beyond 10 km offshore in the Gulf of Mexico. Some stated 
reasons included: (1) The LGL Report fails to consider impacts on sea 
turtle species other than the Kemp's ridley; (2) Even though turtle 
catch rates in deep water may be lower than nearshore, shrimpers do 
catch turtles offshore; (3) Turtles caught in offshore waters are more 
likely to be large adults, which are more valuable to populations by 
virtue of their reproductive status; and (4) Trawl times in deep water 
are much longer than in nearshore waters, and mortality rates are 
likely much higher for captured turtles. Commenters from the shrimp 
industry stated that fishing should be allowed when and where turtles 
are not abundant without expensive and unnecessary restrictions.
    Response: NMFS agrees that the LGL Report did not fully consider 
and discuss the impact of offshore shrimp trawling on sea turtles or 
biologically justify removing the TED requirements for shrimp trawlers 
beyond 10 km from shore. The LGL Report focused largely on the lack of 
correlation between deep-water trawling and sea turtle strandings as 
indication that no interaction was occurring. Numerous sources of data 
indicate that sea turtles are present in offshore waters and are 
captured and killed by shrimp trawling, but the carcasses of those sea 
turtles would be highly unlikely to float far enough to become stranded 
and thereby be counted by the stranding network. Instead, such 
mortality would likely go undetected. The LGL Report estimated that 
4,653 sea turtles per year would be captured in shrimp trawls in 
offshore waters with no means of escape. NMFS has not verified this 
estimate, but believes that such a high level of take and subsequent 
mortality is not acceptable when reasonable measures to reduce the 
level of lethal take exist and are already in place.
    Comment 9: Commenters from the fishing industry and the 
conservation community called for peer review of the Shrimp Fishery 
Emergency Response Plan (ERP) (60 FR 19885, April 21, 1995; 60 FR 
52121, October 5, 1995), the Opinion, and the LGL Report.
    Response: The Opinion itself required NMFS to assemble a team of 
population biologists, sea turtle scientists, and life history 
specialists (the Expert Working Group) to compile and examine 
information on the status of sea turtle species. The Expert Working 
Group, including scientists from government and academia as well as 
scientists selected by the shrimp industry and conservation community, 
has been convened to analyze Kemp's ridley and loggerhead sea turtle 
population status and dynamics. Their findings will be used to 
reexamine the basis for and the conclusions of the ERP, the Opinion, 
and the LGL Report.

Special Sea Turtle Management Areas

     Comment 10: Numerous suggestions for different sea turtle special 
management areas were received. One industry association supported the 
area identified in the LGL Report (i.e. inshore and offshore waters of 
the Gulf of Mexico out to 10 km from shore, except for areas off of 
Sabine Pass and the Tortugas where the zone would extend to 18 km), but 
recommended that further analysis be conducted to determine whether 
other areas should be added or removed from the proposed sea turtle 
conservation zone. A sea turtle conservation organization recommended a 
``turtle safe migratory swimway'' in the Gulf of Mexico from shore out 
to 15 fathoms depth. Two environmental organizations proposed an area 
which would include Statistical Zone 18 and half of Zones 17 and 19, 
from shore out to 15 fathoms depth. Another conservation group 
recommended the interim special management areas identified in the ERP 
be retained and expanded to include inshore and offshore waters out to 
10 nm (18.4 km) in Statistical Zones 12-21, Zones 30-31, Zone 5 on the 
west coast of Florida, and Zones 27-28 on the east coast of Florida--
with consideration given to including South Carolina because of high 
strandings in 1995. Smaller areas of special protection were proposed 
by an individual and by SCDNR for the areas immediately offshore of Sea 
Rim State Park, TX and Cape Island, SC to protect juvenile Kemp's 
ridleys and nesting female loggerheads.
    Response: At this time, NMFS does not believe that Gulf of Mexico 
waters east of the Mississippi River South Pass need to be included in 
a sea turtle conservation area that addresses turtle mortality 
resulting from shrimp trawling.
    Most of the recommended special conservation areas focused on 
protecting Kemp's ridley sea turtles in the nearshore waters of the 
Gulf of Mexico. NMFS agrees with the critical importance of this area 
in terms of its habitat value for juvenile Kemp's ridley turtles and 
the interaction of such turtles with shrimp trawl activities. At this 
time, NMFS does not believe, however, that all nearshore waters of the 
Gulf of Mexico need to be included in special conservation areas for 
shrimp fishery management. The nearshore waters of the eastern Gulf do 
provide important Kemp's ridley habitat, but there is little evidence 
of a shrimp trawl interaction problem there. The eastern Gulf shrimp 
fishery behaves quite differently and is subject to different state 
restrictions than the western Gulf fishery.
    At this time, NMFS does believe that special conservation areas are 
necessary in the Atlantic, too, although relatively fewer comments were 
received to that effect. Shrimp trawl-related sea turtle strandings 
have remained a perennial problem in Georgia, South Carolina, and 
northeast Florida. In the Atlantic, sea turtle habitat and shrimping 
grounds overlap in a much more restricted area than in the Gulf, and 
the relatively

[[Page 18107]]

fewer shrimp trawlers in the Atlantic have the potential to impact sea 
turtles heavily there. NMFS agrees with the comment that the waters 
near the important loggerhead nesting beaches at Cape Romain, SC, 
should be included in the conservation area. NMFS believes that a 
shrimp fishery-sea turtle conservation area in South Carolina should 
include waters along the entire coast, instead of just Zone 32, in 
order to include waters off Cape Island. Further, inshore waters of 
Georgia and South Carolina should be included in a special management 
area. State management of shrimping in South Carolina and Georgia 
already prohibits shrimping in almost all the bays and sounds. The 
state definitions of bay and sound waters differ, however, from inshore 
waters defined by the COLREGS lines. During the temporary gear 
restrictions in Georgia and South Carolina, some parts of the bays and 
sounds that were open to shrimping were subject to different gear 
requirements, creating a confusing situation and undermining sea turtle 
protection efforts. At this time, NMFS believes that these small 
inshore areas should be included in an Atlantic conservation area to 
ensure uniformity of regulatory requirements over what is essentially 
one fishery.
    NMFS, at this time, does not believe that inshore waters should be 
included in special conservation areas in the Gulf of Mexico, on the 
other hand. Although inshore waters do represent important turtle 
habitat in the Gulf, they do not appear to require additional 
management measures to address shrimp fishery interaction problems. In 
the Gulf of Mexico, while sea turtle interactions do occur in inshore 
waters, the problem does not appear to be as severe as in nearshore 
waters, as evidenced by the relatively few sea turtle strandings 
encountered in inshore waters. NMFS does not agree with the assertion 
of the LGL Report that a significant portion of sea turtle strandings 
on offshore beaches in Texas is the result of inshore shrimp fishing. 
Inshore waters of the western Gulf, particularly Texas bays, are 
separated from the open Gulf by barrier islands and connected to the 
Gulf in only a few narrow passes. The limited fishing areas and 
resulting shortened tow times in inshore waters probably mitigate 
problems of sea turtle interactions. In addition, intensive pulses of 
fishing effort, which have been a problem in nearshore areas, do not 
generally occur in inshore waters. Shrimp fishermen in inshore waters 
tend to use only restricted, local areas and normally do not migrate en 
masse to aggregate in limited areas. Lastly, shrimpers in Texas inshore 
waters are subject to restrictions on hours fished and daily catch 
limits and to an effort limitation program that restricts entry into 
the fishery and prohibits new entrants with boats greater than 60 ft 
(18.3 m) in length.
    Comment 11: Recommendations on the measures to be taken within 
special management areas also varied among commenters. Proposed actions 
for special management areas included: Permanent closures of special 
areas to shrimp trawlers; closures of areas to shrimp trawlers until 
November 30, 1996, to allow Kemp's ridleys to recover from the 1994 
mortality levels; increased enforcement efforts; prohibition of 
nighttime shrimp trawling; gear restrictions or area closures 
implemented in response to sea turtle strandings.
    Response: At this time, NMFS believes that permanent closures of 
large areas to shrimp trawling are not necessary to achieve adequate 
sea turtle protection and believes that the adverse economic impacts of 
such actions would be unjustifiably extreme. Small area closures may be 
more appropriate when there is biological evidence requiring additional 
sea turtle protection efforts and only when effects from shrimp 
trawling cannot be mitigated in any other way. NMFS considers fishery 
closures to be a last resort response (see Comment 7).
    NMFS agrees that effective and concentrated enforcement of TED 
requirements in special management areas is necessary. In 1995, NMFS 
created and deployed a TED law enforcement team that focused NMFS 
enforcement efforts in the interim special management areas and areas 
where sea turtle strandings or reported non-compliance were high. NMFS 
and the USCG intend to continue vigorous enforcement of TED 
requirements in the future and the TED law enforcement team will 
continue to augment existing enforcement efforts.
    Prohibiting nighttime shrimping is a means to reduce shrimp 
trawling effort and enhance sea turtle protection, but NMFS does not 
believe that it should be employed at this time. In the Gulf of Mexico, 
the major fisheries for pink and brown shrimp are conducted mainly at 
night in deeper waters, when the target species are active, and 
nighttime closures would be incompatible with these fisheries. Trawling 
for white shrimp, on the other hand, is mainly done during the day in 
nearshore waters. Therefore, where white shrimp are the primary target 
species, nighttime closures may be compatible with operation of the 
fishery. Texas, Georgia, and South Carolina already have nighttime 
closures for management of shrimp stocks in some nearshore waters. A 
specific proposal was received, which recommended that NMFS coordinate 
with the States of Georgia and South Carolina to implement nighttime 
closures in Federal waters, concurrent with nighttime closures in State 
waters. Enforcement of closed areas would be greatly enhanced by 
cooperating Federal action. Coordinated state-Federal closures may also 
be a boon to local, primarily daytime shrimpers, by reducing the 
pressure to fish round the clock. This proposal may provide additional 
protection for sea turtles, and NMFS will investigate further whether 
closures in Federal waters offshore of Georgia and South Carolina would 
be consistent with State management goals and the interests of local 
shrimpers.
    NMFS implemented special gear restrictions in response to high 
stranding levels several times in 1995. Emergency restrictions on gear 
types proved to be disruptive to the shrimp industry, with some 
shrimpers losing time fishing while re-gearing to comply with the new 
requirements. NMFS agrees with the comments (see Comment 7) that 
greater stability is needed in shrimp fishery management. NMFS, 
therefore, believes that gear types that are known to be problematic 
for sea turtles should be restricted through permanent measures imposed 
through the notice and comment rulemaking process, instead of through 
temporary emergency actions.
    NMFS has reservations about using sea turtle strandings to trigger 
area closures on a long-term basis. Monitoring strandings provides the 
best available information on levels and sources of sea turtle 
mortality in a cost-effective manner. There are, however, problems 
inherent in using stranding information to implement specified measures 
in response to certain events. Under the guidance of the ERP in 1995, 
NMFS had to quickly review all available information to determine 
whether other natural or anthropogenic sources of mortality were 
significantly contributing to the strandings before imposing 
restrictions on the local shrimp fishery. Strandings represent 
nearshore mortality, identify the problem after it has begun, provide 
minimum indication of total mortality, and are contingent upon local 
environmental conditions and beach accessibility. Permanent rulemaking, 
improved industry communication, and industry cooperation are needed to 
provide effective, long-term protection to sea turtles without relying 
on

[[Page 18108]]

continual emergency rulemaking. Additionally, new indicated take levels 
(mathematical interpretations of historical stranding levels) are being 
developed that attempt to identify when strandings are occurring at 
unusual levels. The new indicated take levels are likely to include 
cumulative levels in addition to weekly levels. NMFS is committed to 
continuing to monitor closely sea turtle strandings and identify when 
nearshore mortality is occurring at an unusual and potentially 
unsupportable level. NMFS has already established a procedure for 
restricting shrimp trawling and other types of fishing activities if 
necessary to protect sea turtles. This procedure is set forth at 50 CFR 
227.72(e)(6). While the ERP provided concrete triggers based on 
stranding levels to determine when rulemaking under this procedure 
should be invoked, this rule does not propose such a framework. Rather, 
NMFS will monitor strandings, and if necessary, invoke the procedure 
specified at 50 CFR 227.72(e)(6) to promulgate emergency, temporary 
rules to address the threat to sea turtles. Use of this authority has 
been upheld recently in the Center for Marine Conservation v. Brown, 
No. G-94-660 (S.D. Tx., Feb. 23, 1996).

Reduce Intensive Nearshore Fishing Effort

    Comment 12: One environmental organization commented that 
overcapitalization in the Gulf of Mexico shrimp fishery causes 
excessive shrimp fishing effort, which exacerbates sea turtle 
interaction problems as well as other environmental problems. That 
organization and two others recommended implementing restricted entry 
programs in the shrimp fishery.
    Response: Overcapitalization and associated overfishing have been 
problems in many fisheries. NMFS concurs that the Gulf of Mexico shrimp 
fishery is overcapitalized, with possibly as many as three times more 
shrimp vessels operating than necessary to harvest the same amount of 
shrimp annually (Ward, 1989). This situation does create heavy 
pressures on the natural and economic resources of Gulf shrimpers. In 
the state of Texas, shrimpers and resource managers have developed a 
limited entry program for the inshore fishery to address these 
problems. NMFS believes that economic considerations and economic 
consequences should be the driving concerns in the development of any 
plan that would systematically limit entry throughout the Gulf of 
Mexico. Any such limited entry program should, therefore, be 
implemented either through actions of the states or through the Gulf of 
Mexico Fishery Management Council. The socio-economic consequences, 
both beneficial and adverse, of a Gulf-wide limited entry program would 
be extensive. NMFS believes that use of the ESA to reduce 
overcapitalization of the shrimp industry is inappropriate without 
compelling biological considerations that outweigh the socio-economic 
considerations. Even then, effort reduction measures should be targeted 
at problem areas where additional sea turtle protection is required, 
and not necessarily applied generally.
    Comment 13: A shrimp industry association and an environmental 
conservation organization commented that the relocation of shrimping 
effort from other states into Texas waters caused by the Texas Closure 
is detrimental to sea turtles. The shrimp industry association proposed 
discontinuing the Texas Closure to avoid this problem. Both groups 
proposed the alternative of expanding the Texas Closure Gulf-wide. A 
Gulf-wide closure would relieve the shrimp fishing effort in Texas upon 
reopening, because most shrimpers would likely stay in their home state 
waters to take advantage of high shrimp catches there. SCDNR stated 
that a coordination of opening dates for shrimping in state waters 
between Georgia and South Carolina would reduce intensive pulses of 
fishing that occur in nearshore waters off those states when each 
state's waters open.
    Response: NMFS agrees that intense shrimping effort before and 
after the Texas Closure poses a threat to sea turtles, and both of the 
proposed measures likely would reduce effort in Texas before and after 
the Closure. The Texas Closure period does, however, provide a complete 
removal of shrimping effort for a limited period and greatly decreases 
turtle strandings. A Gulf-wide closure would provide complete 
protection for sea turtles from shrimp trawling during the closure and 
would also reduce the pulse of intense shrimping that occurs in Texas 
after the current Texas Closure ends. Of course, shrimping effort would 
spike simultaneously throughout the Gulf, not just in Texas, following 
the end of a Gulf-wide closure. However, the spike may not be as 
severe, since effort would be dispersed throughout the Gulf rather than 
concentrated exclusively in Texas.
    The rationale for the current Texas Closure is the management of 
shrimp stocks to increase harvest of larger, more valuable shrimp off 
Texas, not sea turtle protection considerations. NMFS has been 
encouraging the other Gulf states to examine the benefits and 
feasibility of implementing Gulf waters closures that could be 
coordinated with the timing of the Texas Closure. In addition, the 
Government of Mexico implemented a Gulf-wide closure of its waters to 
shrimp trawling in 1995, in concert with the Texas Closure. At this 
time, however, NMFS prefers not to pursue changes to the established 
shrimp management regime in the Gulf of Mexico, such as the Texas 
Closure, and instead has evaluated alternative measures to reduce 
nearshore shrimping effort (see Comment 14 below). Furthermore, for 
reasons described in the response to comment 12, such action should 
occur through the Magnuson Act or state laws.
    NMFS agrees with the comment received from SCDNR. Currently, South 
Carolina opens most of its State waters to shrimping in mid-May, while 
Georgia State waters do not open until June. Consequently, many 
trawlers from each state take advantage of both openings and effort 
becomes highly concentrated. In both Georgia and South Carolina during 
1995, the level of trawling activity as determined by aerial surveys 
was 2-3 times higher during the first week after each state's opening 
than during any other week of the season. A coordinated opening date 
would allow local shrimpers to stay in their home state waters to take 
advantage of the local opening. Concentration of effort in nearshore 
waters would be greatly reduced, and impacts to sea turtles would also 
likely be substantially reduced. NMFS is encouraging the appropriate 
resource management agencies in each state and the local shrimp 
industry to move forward with coordinated opening dates, as this action 
is within state authority to achieve. The benefits of the resulting 
reduced fishing effort upon openings may be significant for sea turtles 
and could mitigate concerns over the adverse effects on sea turtles of 
repeat captures.
    Comment 14: The LGL Report and TSA petition presented a specific 
proposal incorporating varying gear requirements and maximum net sizes 
designed to reduce nearshore shrimping effort. LGL has proposed a 
revision to its plan, subsequent to the TSA petition, which further 
specifies that vessels with a length greater than 60 ft (18.3 m) would 
also be excluded from fishing in the nearshore waters of the entire 
Gulf. Most commenters indicated general support for efforts to reduce 
nearshore shrimping effort either throughout the Gulf of Mexico or in 
waters off Texas, but SCDNR expressed skepticism that efforts to reduce 
the number of shrimp

[[Page 18109]]

vessels could be reasonably implemented. As addressed previously (see 
Comments 7 and 8), commenters disagreed on other aspects of the LGL 
plan, such as the use of closures and the removal of TED requirements 
in most offshore waters.
    Response: The Opinion found that intensive pulses of nearshore 
shrimp trawling effort contributed to the high level of sea turtle 
strandings and mortality in 1994, and strandings in 1995 again 
demonstrated this relationship when strandings in Georgia, South 
Carolina, and Texas jumped sharply upwards immediately following the 
opening of nearshore state waters to shrimp trawling. Consequently, 
reduction of nearshore shrimping effort could provide additional 
protection for sea turtles. In general, however, management attempts to 
reduce effort in fisheries by restrictive gear requirements have not 
been successful when unaccompanied by other means to limit entry or 
allocate catch. NMFS has examined various plans intended to reduce 
intensive levels of nearshore shrimping effort that occur in the Gulf 
of Mexico to determine their possible effectiveness, including plans 
that make only gear requirement changes and plans that also have 
vessel-size requirements.
    The effects of the various proposals on shrimping effort were 
evaluated using the General Bioeconomic Fishery Simulation Model 
(GBFSM) developed by Dr. Wade Griffin at Texas A&M University. This 
computer model describes the behavior of the Gulf shrimp fleet in 
response to economic and biological factors in the fishery. The plans 
evaluated included absence of any TED requirements, the status quo sea 
turtle conservation regulations, the TSA petition/LGL plan, the LGL 
plan as subsequently modified by LGL to exclude boats greater than 60 
ft (18.3 m) in length from nearshore waters, and the modified LGL plan 
reduced in scope to be effective only in nearshore Texas waters for a 
time period approximately 3 weeks prior to and 3 weeks after the Texas 
Gulf shrimp fishery closure and with offshore TED requirements 
maintained. The GBFSM predicted the following: The LGL plan would 
increase nearshore shrimping effort slightly; the modified LGL plan 
would reduce nearshore shrimping effort by approximately 65 percent 
throughout Texas and Louisiana; and the reduced scope, modified LGL 
plan would reduce nearshore shrimping effort off of Texas by 
approximately 60 percent only in the period shortly before and after 
the Texas Closure. A more thorough discussion of these evaluations can 
be found in the EA for this proposed rule. While NMFS has evaluated the 
potential for effort changes in the various proposals, the extent of 
effects on turtles have not been determined. These effort reduction 
proposals have generated significant controversy within the shrimping 
industry. NMFS will continue to evaluate the feasibility and benefits 
of various means to reduce intense nearshore shrimping effort, but does 
not believe that current information on biological benefits and socio-
economic impacts is sufficient to justify implementing these effort 
reduction measures at this time.

Other Measures

    Comment 15: A shrimp industry association stated that NMFS needs to 
continue research on the size of Kemp's ridley sea turtle populations. 
Results of this research should be made available to the shrimping 
industry and the general public.
    Response: NMFS agrees. The Expert Working Group is tasked with 
evaluating existing information to provide the best possible estimates 
of the Kemp's ridley population and rates of population decline or 
recovery. The Expert Working Group is making some recommendations for 
better sea turtle population assessments. NMFS considers continued and 
improved stock assessment a priority in its sea turtle research 
program.
    The results of NMFS research are public information. This comment, 
however, underscores the need for improved communications between NMFS 
and those affected by the sea turtle conservation regulations. NMFS has 
an extensive industry outreach program that focusses on the critical 
issues of proper TED use and maximization of gear efficiency. NMFS must 
consider whether this forum is appropriate for dissemination of sea 
turtle population status information or whether other communication 
avenues should be explored.
    Comment 16: A conservation group commented that gill netting should 
be banned in sea turtle special management areas in order to remove an 
unnecessary threat to sea turtle recovery.
    Response: Gill nets can and do entangle and kill sea turtles. 
Several Gulf of Mexico states have taken action to address gill net 
bycatch problems--which include not only sea turtles, but many species 
of finfish. Florida and Texas currently ban the use of gill nets in 
their State waters, which extend out to 9 nm (16.7 km) in the Gulf of 
Mexico. Louisiana has recently developed a partial ban on gill nets, 
and there are anti-gill net initiatives underway in Mississippi. 
Because of these existing gill net restrictions, NMFS does not believe 
that a gill net ban imposed by NMFS for the protection of sea turtles 
is presently warranted in waters generally subject to the jurisdiction 
of the states, although NMFS will continue to evaluate impacts to sea 
turtles from state-regulated fisheries. For federally-managed marine 
fisheries, NMFS is required to conduct consultations in accordance with 
section 7 of the ESA. Through the consultation process, NMFS can 
evaluate and restrict, as necessary, federally-managed fisheries and 
their fishing gear that impact sea turtles. Additional permanent NMFS 
regulations restricting gill netting do not appear necessary at this 
time.
    Comment 17: A conservation group commented that user fees of $100 
to $200 should be required annually from shrimp trawlers that operate 
in the exclusive economic zone (EEZ). Additionally, recreational 
fishermen in the EEZ should be required to pay a $30 annual user fee. 
Funds raised from these user fees would be applied for education and 
conservation efforts.
    Response: NMFS does not believe that this proposal is feasible or 
advisable at this time. Although the concept of user fees supporting 
the management and conservation of public resources has been the 
subject of recent Congressional interest and debate, NMFS does not 
believe the ESA authorizes the assessment of user fees as proposed by 
this commenter.
    Comment 18: Two environmental organizations commented that NMFS 
should implement a vessel registration system for shrimp trawlers in 
the Gulf of Mexico and the southeastern U.S. Atlantic. A vessel 
registration system would help determine the number of vessels 
participating in the fishery and would help facilitate emergency 
restrictions and enforcement against repeat offenders.
    Response: Development of a vessel registration system for shrimp 
trawlers is a requirement of the November 14, 1994 Opinion, and NMFS is 
developing a proposed rule to implement shrimp trawler registration in 
1996. A vessel registration system would provide NMFS with invaluable 
information on the number and characteristics of shrimp vessels 
operating in the southeastern United States. This information would 
substantially increase NMFS' ability to manage the sea turtle-shrimp 
trawl interaction problem with the greatest effectiveness and the least 
impact to shrimpers. Vessel registration would also allow NMFS to 
contact all shrimpers to inform

[[Page 18110]]

them of any changes in regulations. Shrimpers have stated repeatedly in 
the past that they did not feel they had received sufficient notice of 
regulation changes and that compliance with sea turtle conservation 
requirements was therefore difficult. Additionally, vessel registration 
would provide NMFS a means to penalize offenders for multiple or 
flagrant ESA violations. Lastly, registration of participants in the 
shrimp fishery would facilitate selection of individuals who could 
serve as representatives for their peers to advise NMFS on technical 
and policy issues relating to the shrimp industry and the sea turtle 
conservation regulations (see the discussion under the heading ``Shrimp 
Industry Advisory Panel''). The use of a registration system to improve 
communications between NMFS and the shrimp industry may be the single-
most important benefit of such a system.
    Comment 19: A shrimp industry association called on NMFS to 
continue to develop better communication ``among all user groups and 
all concerned parties,'' and another industry group recommended that 
conservation measures be developed in consultation with all 
stakeholders.
    Response: NMFS agrees that good communication is critical to 
resolving many of the problems affecting sea turtle recovery. NMFS 
works with numerous agencies and concerned parties in the evaluation 
and management of a variety of threats to sea turtles, and NMFS 
recognizes that the need for better communication is most extreme in 
the shrimp fishery. A large number of individuals are involved in the 
shrimp fishery, and their diverse, multilingual backgrounds, their 
demanding work schedules, and their mobility throughout the 
southeastern U.S. shrimping grounds complicate communications. NMFS 
believes that industry feedback and contribution can improve the 
regulatory process relating to TEDs and sea turtle conservation. (See 
the discussion under the heading ``Shrimp Industry Advisory Panel'')
    Comment 20: An industry group called for a revision to the November 
14, 1994, Opinion pursuant to the requirement for reinitiation of 
consultation found at 50 CFR 402.16.
    Response: NMFS has reinitiated consultation several times during 
the 1995 shrimp fishing season to address takings exceeding the 
incidental take statement and new information revealing a change in 
impacts to the listed species from actions not previously considered. 
Much of the November 14, 1994 Opinion has been revised by the Opinion 
accompanying this action (see ADDRESSES) and has incorporated all new 
available scientific and commercial data.
    In addition to the comments addressed above, NMFS received some 
comments that were not germane to the request for comments on the ANPR 
and the petition for rulemaking based on the LGL Report. Those comments 
have been noted by NMFS but are not responded to here.

Provisions of the Proposed Rule

    NMFS intended the ERP to guide its actions and to ensure compliance 
with sea turtle conservation regulations when strandings approached or 
exceeded the identified incidental take levels. In addition, the 
November 14, 1994, Opinion requires that NMFS identify areas requiring 
special sea turtle management consideration, due to high sea turtle 
abundance or important nesting or foraging habitats and that NMFS 
propose permanent management measures to mitigate the impacts of 
intensive nearshore shrimping and of repeated incidental capture of 
individual turtles. Thus, NMFS proposes the following measures to 
replace the guidance provided by the ERP.

Eliminate Soft TEDs as Approved TEDs and Eliminate the Provision of the 
Regulations Allowing Soft TEDs to be Approved

    NMFS proposes that all soft TEDs be removed from the list of 
approved TEDs, effective December 31, 1996. This delayed effective date 
should ensure no adverse impact to shrimpers using soft TEDs. Since 
soft TEDs generally must be replaced annually, shrimpers will have 
ample notice to replace their soft TEDs with hard TEDs prior to 
December 31, 1996, without significantly shortening the usage they may 
get out of their existing soft TEDs.
    Even though soft TEDs have been certified and approved for use, 
pursuant to the testing protocols, they have been identified as 
ineffective at releasing sea turtles under normal fishing conditions, 
even when new and professionally installed. The use of soft TEDs by the 
shrimping fleet has been associated with elevated sea turtle strandings 
following the Texas Closure to shrimp fishing. Because of the inherent 
properties of synthetic webbing, soft TEDs are difficult to install 
properly. Installation procedures for soft TEDs must be changed for 
every type and size of trawl net, and some soft TEDs cannot be 
installed properly in some nets without major modifications requiring 
underwater observations. Once installed, their actual in-water 
configuration, shape, and performance cannot be determined even by 
professional net makers. Furthermore, changes made by a trawler captain 
to the fishing configuration of a net to match fishing conditions--such 
as changing door sizes or angles, adding flotation to the headrope, or 
adjusting center bridle tension on tongue or bib trawls--and the 
accumulation of catch and debris in the trawl will all affect the shape 
of the soft TED and thus its effectiveness at releasing turtles. In 
actual use, soft TEDs are easily damaged by bottom debris and bycatch, 
particularly sharks and dogfish. Broken meshes in the soft TED excluder 
panel can entangle a turtle or even allow a turtle to pass directly 
through the TED and be captured in the cod end of the net.
    NMFS has developed two certification protocols for the approval of 
TED designs. These protocols were published on June 29, 1987 (52 FR 
24244) and on October 9, 1990 (55 FR 41092), along with detailed 
descriptions of the testing and evaluation criteria. Both protocols 
target a 97 percent turtle exclusion rate. The process through which 
most soft TEDs were certified removed most of the confounding 
conditions mentioned above, as testing was conducted under ideal 
conditions necessary for net observation, but not reflective of 
commercial trawling conditions. The certification process also fails to 
simulate actual field performance because design sponsors have the 
opportunity to fine-tune and adjust their installations with the 
assistance of NMFS gear experts and underwater videotapes of soft TED 
deployment. From the 1994 evaluation of various commercially available 
soft TEDs, it is clear that some installations of the same soft TED 
design will entangle turtles, indicating that the fine-tuning made 
during certification, but not necessarily included in the regulatory 
specifications, may have been critical to their passing testing. 
Because of these problems, NMFS is evaluating possible changes to the 
certification protocols which would better determine and account for 
actual commercial trawling conditions, and would eliminate the fine-
tuning that takes place in the certification process but may not 
necessarily be reflected in the TED specifications. Such fine-tuning 
may improve the apparent performance of poor candidate TEDs under 
testing conditions. Although NMFS is reviewing the certification and 
approval process for new TED designs, currently there is ample evidence 
that indicates that soft TEDs do not exclude turtles

[[Page 18111]]

under actual trawling conditions despite their certification and 
previous approval. On the basis of this evidence, NMFS is proposing 
with this rule, to prohibit the use of soft TEDs currently approved and 
rescind their approvals, while undertaking a review of its general 
certification protocols.
    In addition, soft TEDs have high shrimp loss rates. NMFS has 
determined, both through in-house and outside testing, that all soft 
TED designs lose significant amounts of shrimp. The high shrimp loss 
rates of soft TEDs may be posing a problem for sea turtles. While the 
shrimp loss rates of well-tuned hard TEDs are only about 1 percent 
(Renaud et al., 1991), shrimp loss rates for approved soft TEDs are 
much higher. The approval of TEDs that lose shrimp, however, may have 
worked to the detriment of shrimpers and turtles. Shrimpers may not 
have the resources to make their own comparisons of TED effectiveness 
and may lack the information needed to make a change to more efficient 
TED types. Some shrimpers may respond to the high loss of shrimp 
experienced with soft TEDs by disabling or modifying their soft TED. By 
limiting NMFS approval to only hard TEDs--those types that have the 
highest rates of shrimp retention--the incentive for shrimpers not to 
fully comply with the TED requirements should be reduced.
    A perceived advantage of soft TEDs over hard TEDs is their lower 
cost. An installed soft TED at a net shop typically costs $50-$100. A 
hard TED fully installed in webbing typically costs $250-$300; 
uninstalled hard TEDs may be as inexpensive as $75. NMFS estimates, 
however, that soft TEDs require replacement on an annual basis, whereas 
hard TEDs last 2-3 years or more. In addition, the high shrimp 
retention rates of hard TEDs compared to soft TEDs likely will make up 
any cost difference through better shrimp catches.

Morrison Soft TED

    The Morrison TED is the soft TED of choice in the Atlantic shrimp 
fishery.
    Gear specialists observed that some Morrison TEDs have shortened 
escape openings that could prevent the release of a turtle. Other TEDs 
had escape openings that were of the proper size, but twine or rope was 
laced through the webbing along the sides of the exit hole cut. Since 
the escape opening of a Morrison TED consists of a single slit that 
requires the flow of water to push the loose webbing on the sides of 
the cut apart to form an escape opening, reinforcing the edges of the 
cut would prevent the webbing from opening wide enough to allow a 
turtle to escape. On several Morrison TEDs, the webbing of the excluder 
panel was cut or broken so that a turtle might pass directly through 
the TED into the tailbag of the net. Other Morrison TEDs had large 
openings at the sides of the panel where the panel was improperly sewn 
to the trawl net or the attachment between the TED and the trawl was 
worn away and not repaired. These holes might also allow a turtle to 
pass directly through the TED, or cause it to become entangled in loose 
webbing. Lastly, on some TEDs that appeared to be in good condition, 
gear experts noticed that the excluder panel had slack areas. When 
water flows through the excluder panel, excess webbing can form pockets 
instead of a smooth, taut ramp of webbing, that could entangle turtles. 
Statements made to gear specialists by shrimpers confirmed that turtles 
were in fact becoming entangled in pockets in soft TED excluder panels.
    A particular concern regarding soft TEDs was the variability of 
their construction and installation and that, even with proper 
construction according to regulations, commercially available soft TEDs 
were not effectively releasing turtles because of incompatibilities of 
the TED design with various net sizes and designs. In order to examine 
this concern, NMFS purchased seven trawl nets equipped with Morrison 
soft TEDs installed by five primary suppliers from the southeastern 
United States Three different trawl types were studied: The mongoose 
trawl, the straight wing flat trawl, and the tapered wing flat trawl. 
These nets were observed and video-taped underwater by NOAA divers as 
the nets were fished in various configurations. This diver evaluation 
revealed that pockets could form in legally installed Morrison soft 
TEDs. This tendency was especially noticeable in mongoose and straight-
wing flat trawls.
    These distortions in TED shape would lead to turtle capture, as was 
discovered in further testing. Experimental trawling in the Cape 
Canaveral ship channel was conducted to evaluate turtle exclusion for 
the soft TEDs. A straight-wing flat net captured five sea turtles--
three through entanglement in the TED panel-- in 21 experimental tows 
of 1 hour or less. A straight wing flat net and two mongoose nets were 
tested and did not capture turtles. A turtle was observed remaining in 
one of the mongoose net tows, but it escaped as the trawl was 
retrieved. In later tests at Panama City, FL, in October 1994, a total 
of 24 small turtles were introduced by divers into three of the test 
nets: eight were captured, for an average escape rate of only 66 
percent from trawls with commercially available and legally installed 
soft TEDs.
    Prior to certification of the Morrison TED, the University of 
Georgia Sea Grant Program evaluated the Morrison TED for shrimp 
retention. In testing under commercial fishing conditions against a 
trawl not equipped with a TED, the Morrison TED was shown to have a 
shrimp loss rate of 17 percent. NMFS observers aboard commercial 
trawlers in South Carolina documented a 7 percent loss rate from 
Morrison TEDs.

Parrish Soft TED

    The Parrish soft TED was approved for use in 1987 following 
successful certification trials at the Cape Canaveral ship channel. The 
Parrish TED passed the certification trials based on turtle exclusion 
rates, but the Parrish TED-equipped net had a reduction in shrimp catch 
compared to the control net ranging from 26 percent to 79.5 percent. 
The Parrish TED never became widely accepted in the shrimp industry. 
The developer and only manufacturer of the Parrish TED has ceased sales 
and production of the design. NMFS does not believe that any Parrish 
TEDs are currently in use.

Andrews Soft TED

    The Andrews TED is the primary bottom-opening soft TED in use today 
and is the most popular soft TED in the southwest Florida shrimp 
fishery. Some shrimp industry members have stated that the bottom-
opening, Andrews soft TED is the optimum TED for the Sanibel-Tortugas 
fishing grounds of southwest Florida because of its ability to exclude 
the large loggerhead sponges that occur there.
    The Andrews TED's 5-inch (12.7-cm) mesh size is the smallest mesh 
excluder panel of the soft TEDs. In response to shrimpers who stated 
that they needed a bottom-opening soft TED with a larger mesh size for 
better shrimp retention, NMFS conducted certification testing on 8-inch 
(20.3-cm), 7-inch (17.8-cm), 6-inch (15.2-cm), and mixed mesh sizes. 
None of these designs passed the TED certification standards. 
Nonetheless, enforcement efforts have found many instances of Andrews 
style TEDs illegally constructed of large-mesh webbing. Some shrimpers 
using these illegal TEDs stated that the TEDs were legal Parrish TEDs, 
which have an 8-inch (20.3-cm) mesh, but the TEDs met none of the 
criteria of a Parrish TED. It appears that there is some confusion 
among shrimpers and misrepresentation by manufacturers as to the legal

[[Page 18112]]

dimensions of the Parrish and Andrews TEDs. The use of a TED with 
illegal dimensions would adversely affect turtles by increasing the 
possibility of entanglement. Also, if the Andrews TED funnel is 
excessively long, slack webbing and pockets would appear that would 
have the potential for trapping turtles.
    The Andrews TED 5-inch (12.7-cm), when compared to a bottom-opening 
hard TED, had a shrimp loss of 23 percent. The larger mesh sizes, 
despite not passing TED certification standards, were tested for shrimp 
loss. Rates in those comparisons ranged from 5 to 12.25 percent shrimp 
loss in Andrews soft TEDs versus nets without TEDs.

Taylor Soft TED

    NMFS believes that the Taylor TED has only very limited use in the 
shrimp fishery.
    The Taylor TED is a top-opening soft TED with a 6-inch (15.2-cm) 
mesh excluder panel. The minimum length of the Taylor TED is 10 ft (3 
m) to allow its installation in small trawls. The Taylor TED design was 
certified in a 30-foot (9.1-m) headrope semi-balloon trawl net and 
became an officially approved TED in May 1993. Because the Taylor TED 
is a relatively recent design, NMFS gear specialists have not 
encountered many examples of the Taylor TED in use or documented 
installation problems specific to the Taylor TED. It is, however, a 
similar design to the Morrison TED in that it is a sloping, top-
opening, single-panel TED and would be likely to have the same problems 
of pocketing and loose webbing if installed improperly.
    Taylor TEDs in actual use in the commercial shrimp fleet have in 
fact been found to be ineffective at sea turtle exclusion. In 1,174 
hours of observed trawling with Taylor TED-equipped nets, 3 sea turtle 
captures have been documented. This rate of sea turtle capture with the 
Taylor TED exceeds the sea turtle capture rate calculated by Henwood 
and Stuntz (1987) for shrimp trawlers in the Gulf of Mexico operating 
without any TEDs.
    NMFS has little data on shrimp retention rates of the Taylor TED; 
in limited testing of the Taylor TED and another TED with a similar 
apex des
FR Doc. 96-10087 Sea Turtle Conservation; Revisions to Sea Turtle Conservation Requirements; Restrictions to Shrimp Trawling Activities; Hearings
ign, the University of Georgia Sea Grant program reported an 
overall shrimp loss of about 16 percent.

Reduce the Size of Try Nets that are Exempt from TED Use

    NMFS proposes to reduce the size of try nets that are exempt from 
the TED-use requirement, effective December 31, 1996. Instead of the 
present exemption for try nets 20 ft (6.1 m) (50 CFR 
227.72(e)(2)(ii)(1)) or less in headrope length, only try nets 12 ft 
(3.6 m) or less in headrope length and 15 ft (4.6 m) or less in 
footrope length would be exempt.
    Try nets are small nets that are deployed by shrimp trawlers before 
and during tows with the main nets to determine the presence and catch 
rates of shrimp, bycatch, and debris. Shrimpers use try nets to help 
decide the location and duration of tows with the main nets. Try net 
tows of 15-30 minutes appear sufficient to determine fishing conditions 
and catch rates.
    NMFS has been collecting information that challenges the assumption 
that try nets up to 20 ft (6.1 m) do not pose a threat to sea turtles 
because of their small size and short tow duration. Specifically, the 
larger try nets do capture turtles. Recent analysis of observed 
commercial trawling in the Gulf of Mexico indicates that catch rates 
(per foot of headrope) of turtles in large try nets (approx. 20 ft (6.1 
m) headrope length) are approximately the same as those calculated in 
the 1987 report (Henwood & Stuntz), a figure that the National Academy 
of Sciences used in their 1990 report recommending the required use of 
TEDs in shrimp trawls. Further, in the regional bycatch observer 
program from 1992 through 1995, try nets accounted for 43 percent of 
the observed turtle captures. The assumption that try nets are only 
towed for short periods of time also may be invalid. In addition to 
numerous anecdotal reports from shrimpers to this effect, NMFS gear 
specialists have observed shrimpers regularly towing try nets for 
periods well over an hour. Since long try net tows defeat their purpose 
of assessing catch rates, the apparent intention of these long tows is 
to use the try nets as auxiliary nets to increase the overall shrimp 
capture, using a TED-less net. Such use of try nets may be seriously 
contributing to turtle capture, mortality, and strandings.
    While the large try nets (up to 20 ft (6.1 m)) currently exempted 
from TED requirements pose a threat to sea turtles, NMFS believes that 
small try nets likely do not. In experimental trawling at the Cape 
Canaveral ship channel, conducted in September 1994, the capture of sea 
turtles in try nets of two different sizes was assessed. One loggerhead 
was captured in a 15 ft (4.0 m) (originally reported as 13 ft) headrope 
length try net in 59 tows, while nine loggerheads were captured in a 20 
ft (6.1 m) headrope length try net in 57 tows. The try nets used in 
these trials were tongue trawls, meaning that the net is towed via a 
third towing bridle (in addition to those attached to the doors) 
attached to a triangle of webbing in the center of the headrope. The 
headrope length measurement includes the length along this additional 
triangle of webbing; thus, a 15 ft tongue trawl try net is 
approximately the same as a 13 ft standard trawl in door-to-door 
distance. In order to clarify the applicability of the 1994 study 
regarding try net headrope length, NMFS intends to repeat a similar 
study during the comment period for this proposed rule. Information 
gathered in that study may result in a modification to the try net 
headrope length exemption adopted in the final rule. Nonetheless, these 
results suggest that small try nets have a much lower sea turtle catch 
rate, even when adjusted for headrope length, than large try nets and 
primary shrimp trawls. In the May 18, 1995 (60 FR 26691) modification 
to the emergency restrictions to shrimp trawling in some areas of the 
Gulf of Mexico, NMFS determined that the use of try nets with headrope 
lengths of 12 ft (3.6 m) or less and footrope lengths of 15 ft (4.6 m) 
or less did not pose a serious risk to sea turtles, even in areas where 
shrimp trawler-related mortality of Kemp's ridley sea turtles was high.
    Installation of TEDs in try nets with headrope lengths of 12 ft 
(3.6 m) or less and footrope lengths of 15 ft (4.6 m) or less appears 
to be impracticable. The proposed delayed effective date should provide 
the necessary time for shrimpers to acquire hard TEDs and install them 
in the larger try nets or to adjust to estimating catch rates with 
smaller try nets.

Establish Shrimp Fishery Sea Turtle Conservation Areas (SFSTCAs)

    NMFS proposes to establish two permanent Shrimp Fishery-Sea Turtle 
Conservation Areas (SFSTCAs) with special conservation requirements to 
reduce the mortality and subsequent strandings of sea turtles 
associated with intensive shrimp trawling in nearshore waters.
    As mentioned previously, the November 14, 1994, Opinion contained a 
reasonable and prudent alternative that required action to mitigate the 
impacts of intensive nearshore shrimping effort on sea turtles, 
including the identification of areas requiring special sea turtle 
management considerations. The ERP identified interim special 
management areas, based on nearshore habitat for endangered Kemp's 
ridleys, in which NMFS specified a policy of heightened TED law 
enforcement efforts and management response to elevated sea turtle 
mortality.

[[Page 18113]]

    The SFSTCA in the northwestern Gulf of Mexico would consist of the 
offshore waters out to 10 nm (18.5 km) along the coasts of Louisiana 
and Texas from the Mississippi River South Pass (west of 89 deg.08.5' 
W. long.) to the U.S.-Mexican border. The Atlantic SFSTCA would consist 
of the inshore waters and offshore waters out to 10 nm (18.5 km) along 
the coasts of Georgia and South Carolina from the Georgia-Florida 
border to the North Carolina-South Carolina border. The Gulf SFSTCA 
would be similar to the Gulf interim special management area of the 
ERP, but it would add waters off statistical Zone 21 in south Texas. 
Strandings of Kemp's ridleys in Zone 21 tend to include adult and large 
sub-adult individuals compared to the primarily juvenile and sub-adult 
animals in northern Texas, and the extreme importance of adults, 
particularly reproductive females, to the recovery of Kemp's ridleys 
appear to warrant the inclusion of Zone 21 in the SFSTCA.
    The Atlantic SFSTCA was identified based on the distributions of 
sea turtle strandings and the shrimp trawl fleets. The proposed 
Atlantic SFSTCA would differ from the Atlantic interim special 
management area by excluding northern Florida and including nearshore 
waters of South Carolina and by adding waters inshore of the COLREGS 
lines. In 1995, NMFS did not determine that shrimp trawler related 
mortality and strandings in northeast Florida were excessive and 
required emergency action. The State of Florida prohibited the fishing 
by large shrimp trawlers within 1 nm (1.9 km) of the beach on the east 
coast of Florida, effective July 1, 1995. Sea turtle strandings in Zone 
30 in Florida declined progressively from June through August, possibly 
as a result of the State restrictions on trawling. NMFS believes that 
the State restrictions on net fishing in northeast Florida represent 
existing measures mitigating the impacts of nearshore shrimping, and 
that inclusion of northeast Florida in the SFSTCA is not warranted at 
this time. Sea turtle strandings in 1995 did, however, necessitate 
emergency gear restrictions twice along the Georgia coast and once in 
Zone 32 in South Carolina. South Carolina waters opened to shrimping on 
May 16, 1995, and Georgia waters opened on June 1, 1995. In the week 
following the opening, significant spikes in sea turtle strandings 
occurred in both States. In Georgia, statewide strandings increased 
from 6 the week prior to the opening to 21 in the week following the 
opening. In Zone 32 in South Carolina, strandings increased from 0 in 
the week prior to the opening to 6 in the first week of the opening. 
The continued association of nearshore shrimp effort with sea turtle 
strandings in these states demonstrates the need for additional 
measures to mitigate adverse impacts to turtles. The proposed SFSTCA 
would also add the northern portion of South Carolina, even though 
strandings there did not result in emergency actions. The northern 
border of Zone 32 in South Carolina occurs at Cape Romain--the largest 
loggerhead sea turtle nesting beach north of Cape Canaveral. Therefore, 
restriction of the SFSTCA to only Zone 32 could concentrate shrimp 
effort near Cape Romain and increase the potential for adverse impacts 
to nesting female sea turtles. By including the entire coast of South 
Carolina, the borders of the SFSTCA would be simpler and clearer, the 
Cape Romain area would be included, and relatively few additional 
shrimpers would be affected, since South Carolina's primary shrimping 
grounds are in the south and central portion of the state. The proposed 
Atlantic SFSTCA would also include inshore waters as well as nearshore 
waters along the Georgia and South Carolina coast. The specification in 
the ERP that management measures be restricted to offshore waters was 
not appropriate for that region. The Georgia-South Carolina Low Country 
is characterized by numerous broad sounds and extremely high tidal 
ranges. Tidal flow can have a powerful influence on the movement of 
turtles, their prey, and turtle carcasses. In the 2 months following 
the opening of Georgia state waters to shrimping on June 1, 1995, 21 
sea turtles stranded in inshore areas. In addition, state regulations 
permit shrimp trawling under the same license inside the COLREGS lines 
in Georgia and South Carolina, and the fishery is therefore not 
functionally divided between offshore and inshore components. Extension 
of conservation measures into inshore waters in Georgia and South 
Carolina appears necessary to provide protection to turtles wherever 
they may be vulnerable to capture in shrimp trawls and to ensure even 
enforceability of the measures near the mouths of the sounds.

Enhance TED Effectiveness in the SFSTCAs

    NMFS proposes to implement the elimination of the approval of the 
use of soft TEDs, the reduction in TED-exempt try net size, and the 
prohibition on the use of bottom-opening hard TEDs in the proposed 
SFSTCAs on an accelerated schedule to provide additional protection to 
sea turtles during the 1996 shrimp season.
    The proposed SFSTCAs represent areas that require special 
management to mitigate the effects of intensive nearshore shrimping 
effort on sea turtles. These areas have exhibited very high nearshore 
shrimping activity and high levels of sea turtle strandings. The 
continuing sea turtle mortality has been determined by NMFS to result 
from the improper use of TEDs and the use of ineffective TEDs by shrimp 
trawlers. Therefore, NMFS believes that there is a heightened need to 
implement measures to improve TED effectiveness in the SFSTCAs.
    In addition to the elimination of the approval of soft TED use and 
the reduction of TED-exempt try net size, NMFS believes that bottom-
opening hard TEDs should be prohibited in the SFSTCAs to protect sea 
turtles from forced submergence.
    NMFS gear specialists joined enforcement agents to determine 
whether problems with TEDs were a factor in the increased levels of 
strandings that occurred in 1994. Two problems encountered with hard 
TEDs were TEDs installed at illegally steep angles and bottom-opening 
hard TEDs without flotation. The lack of flotation on bottom-opening 
hard TEDs, although then allowed under the existing regulations, caused 
the TED to drag on the sea floor, holding the turtle escape opening 
closed. A review of past gear trials with bottom-opening TEDs supported 
this finding. As a result, NMFS concluded that the lack of flotation on 
bottom-opening hard TEDs could be a major contributor to sea turtle 
mortality and amended the regulations to require flotation on bottom-
opening single-grid hard TEDs (59 FR 33447, June 29, 1994; 60 FR 15512, 
March 24, 1995).
    In spite of the flotation requirement for bottom-opening hard TEDs, 
NMFS remains concerned that bottom-opening hard TEDs in commercial use 
still capture and drown turtles, particularly small turtles, such as 
juvenile Kemp's ridleys. The amounts of flotation required do not 
always correctly offset the weight of the TED itself, and the effective 
buoyancy of closed-cell foam floats, which are the most popular floats 
in use by the shrimp industry, is reduced with increasing water depths. 
Furthermore, the accumulation of shrimp catch, bycatch, mud, and debris 
in the trawl can weigh down the attached flotation and cause the exit 
of a bottom-opening hard TED to be obstructed by the bottom. 
Observations by gear specialists of wear and chafing on webbing on the 
bottom of bottom-

[[Page 18114]]

opening TEDs in the shrimp fleet are indicators that the TEDs do 
periodically ride hard on the bottom. NMFS has received and responded 
to requests from the shrimp industry to allow modifications to bottom-
opening TEDs, such as webbing chafing gear and rollers, to reduce wear 
and damage to gear caused by contact with the bottom, even with the 
current flotation requirements.
    NMFS gear experts have also found that top-opening TEDs are more 
efficient at releasing turtles than bottom-opening TEDs, even under 
ideal conditions. In-water testing of hard-grid TEDs in May 1995 
revealed that small turtles require almost twice as long to escape from 
a bottom-opening TED versus a top-opening TED (an average of 125.6 
seconds versus an average of 68.8 seconds). This difference would 
likely be exaggerated under commercial trawling conditions. Gear 
experts attribute much of this difference in escape times to the air-
breathing turtles' natural tendency to explore the top of the trawl for 
an escape-opening as they attempt to resurface for air. Small turtles 
that have been observed entrapped in trawls do spend the majority of 
their time at the top of the trawl. Physiological studies on small sea 
turtles of the effects of capture in trawls on stress levels show that 
high stress levels are developed during short-duration forced 
submergences and that the turtles may require 7 to 9 hours to recover 
from the stress effects of submergences no longer than 7.3 minutes 
(Stabenau et al., 1991). Repeat captures and forced submergences in 
shrimp trawls, compounded by longer release times from bottom-opening 
TEDs, could be producing stress and blood acidosis levels that are 
contributing to the mortality of sea turtles, particularly small 
juveniles and sub-adults.
    The implementation of these gear requirement changes in the SFSTCAs 
is proposed to occur on a more rapid schedule than the requirements 
outside the SFSTCA because of the more critical need to better protect 
sea turtles and manage shrimp trawl-sea turtle interactions in these 
areas. The impact of this faster schedule on the shrimp trawl fleet is 
expected to be small, though. The proposed SFSTCAs in the Gulf and 
Atlantic include areas that were either included in the ERP's interim 
special management areas as potentially subject to gear restrictions or 
were actually included in gear restrictions implemented during 1995 in 
response to sea turtle mortality emergencies. Shrimp trawlers subject 
to any gear restrictions in 1995 will already have been required to 
purchase hard TEDs and either reduce the size of their try nets or 
install hard TEDs in their try nets. No additional burden would be 
imposed on those shrimpers to acquire new gear. In the Gulf SFSTCA, 
Zones 13-16 were not subject to gear restrictions, but shrimpers in 
that area were notified of potential additional gear requirements as 
specified in the ERP. Nearshore shrimpers in Louisiana, however, are 
reportedly already using primarily hard TEDs and the elimination of the 
approval of soft TED use should affect only a small proportion of 
shrimpers. Finally, there is no significant financial burden associated 
with requiring the use of top-opening TEDs instead of bottom-opening 
TEDs. Most shrimpers can convert existing bottom-opening hard TEDs to 
top-opening easily.

Shrimp Industry Advisory Panel

    NMFS wishes to establish a shrimp industry panel to provide 
individualized advice to the agency on all management aspects of the 
TED regulations, although NMFS does not have sufficient information to 
make a specific proposal at this time. Such a panel would convene 
periodically to bring concerns of the industry and particular problems 
with regulations to the attention of the agency. It would provide a 
forum for NMFS to discuss matters such as revisions to gear types, new 
TED designs, and improvements to the TED regulations. NMFS does attempt 
to seek input from fishermen regarding its management actions through 
comment periods, public hearings, TED technology transfer workshops, 
and informal contacts; however, these means are not optimal for 
overcoming serious communication barriers between NMFS and shrimpers. 
Several problems contribute to this communications barrier including 
distrust on the part of shrimpers that their input is honestly heard, 
the conflict of shrimpers' work demands with their full participation 
in a dialogue with fishery managers, and the absence of a forum where 
open discussions about problems and plans to overcome them can be held. 
Another difficulty is the large number of participants in the shrimp 
fishery, and the fact that relatively few of them belong to industry 
associations that can represent their collective views.
    NMFS intends to pursue the creation of a shrimp industry advisory 
panel, but must first clarify the exact means of doing so. In addition 
to comments on this proposed rule, NMFS is also seeking comments on 
implementation of a shrimp industry panel and specifically on methods 
to identify and select shrimp industry representatives to serve on the 
panel that would fairly reflect the interests of the various diverse 
sections of the shrimp trawling fleets. If a feasible way to select 
membership for the panel can be developed, NMFS will attempt to 
identify and obtain necessary funding to implement the panel.

Request for Comments

    NMFS will accept written comments (see ADDRESSES) on this proposed 
rule and on the proposed shrimp industry advisory panel until June 10, 
1996. In addition, NMFS will conduct ten public hearings on this 
action.
    The hearings are scheduled as follows:
    1. May 10, 1996, at 7 p.m., St. Petersburg, FL
    2. May 14, 1996, at 7 p.m., Cameron, LA
    3. May 15, 1996, at 6 p.m., Thibodaux, LA
    4. May 16, 1996, at 6 p.m., Mobile, AL
    5. May 21, 1996, at 6 p.m., Port Isabel, TX
    6. May 22, 1996, at 6 p.m., Corpus Christi, TX
    7. May 22, 1996, at 7 p.m., Bolivia, NC
    8. May 23, 1996, at 6 p.m., Galveston, TX
    9. May 23, 1996, at 6:30 p.m., Charleston, SC
    10. May 24, 1996, at 6:30 p.m., Brunswick, GA
    The hearings will be held at the following locations:
    1. University of South Florida, Davis Hall, Room 130, 140 7th 
Avenue South, St. Petersburg, FL 33701
    2. Cameron Elementary School, Auditorium, 510 Marshall Street, 
Cameron, LA 70631
    3. Thibodaux Civic Center, Plantation Room, 310 North Canal 
Boulevard, Thibodaux, LA 70301
    4. Mobile Civic Center, Meeting Room 16, 401 Civic Center Drive, 
Mobile, AL 36601
    5. Port Isabel Community Center, Conference Room, 213 Yturria 
Street, Port Isabel, TX 78578
    6. Texas A&M University Agricultural Research & Extention Center, 
Route 2, Box 589 (Highway 44, 5 miles west of airport), Corpus Christi, 
TX 78406
    7. North Carolina Cooperative Extension Service, Brunswick County 
Government Center, Agriculture Building, (Foods Lab), 10 Referendum 
Drive, Bolivia, NC 28422
    8. Texas-Galveston County Court House, (Jury assembly room, 1st 
floor), 722 Moody, Galveston, TX 77550
    9. South Carolina Marine Resources Research Institute, 
(Auditorium), 217

[[Page 18115]]

Fort Johnson Road, Charleston, SC 29412
    10. University of Georgia Marine Extension Service Office, 
(Conference room), 715 Bay Street, Brunswick, GA 31520

References Cited

    Henwood, T.A. and W.E. Stuntz. 1987. Analysis of Sea Turtle 
Captures and Mortalities during Commercial Shrimp Trawling. Fishery 
Bulletin: Vol. 85, No.4, pp. 813-817.
    Renaud, M., G. Gitschlag, E. Klima, A. Shah, D. Koi, and J. Nance. 
1991. Evaluation of the Impacts of Turtle Excluder Devices (TEDs) on 
Shrimp Catch Rates in Coastal Waters of the United States Along the 
Gulf of Mexico and Atlantic, September 1989 through August 1990. NOAA 
Technical Memorandum, NMFS-SEFC-288.
    Ward, J.M. 1989. Modeling Fleet Size in the Gulf of Mexico Shrimp 
Fishery 1966-1979. NOAA Technical Memorandum NMFS-SEFC-229, 8p.
    Stabenau, E.K., T.A. Heming, and J.F. Mitchell. 1991. Respiratory, 
acid-base, and ionic status of Kemp's ridley sea turtles (Lepidochelys 
kempi) subjected to trawling. Comparative Biochemistry and Physiology A 
99:107-111.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule would not 
have significant economic impact on a substantial number of small 
entities, because the provisions of the proposed rule would impose only 
a minor economic burden on shrimpers. The Assistant Administrator for 
Fisheries, NOAA, (AA) prepared an EA for this proposed rule and copies 
are available (see ADDRESSES).

List of Subjects

50 CFR Part 217

    Endangered and threatened species, Exports, Fish, Imports, Marine 
mammals, Transportation.

50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

    Dated: April 19, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR parts 217 and 227 
are proposed to be amended as follows:

PART 217--GENERAL PROVISIONS

    1. The authority citation for part 217 continues to read as 
follows:

    Authority: 16 U.S.C. 1531-1544; and 16 U.S.C. 742a et seq., 
unless otherwise noted.

    2. In Sec. 217.12, the definitions for ``Atlantic Shrimp Fishery-
Sea Turtle Conservation Area'' and ``Gulf Shrimp Fishery-Sea Turtle 
Conservation Area'' are added, in alphabetical order, and the 
definition of ``Approved TED'' is revised, to read as follows:

Sec. 217.12  Definitions.

* * * * *
    Approved TED means:
    (1) A hard TED that complies with the generic design criteria set 
forth in 50 CFR 227.72(e)(4)(i). (A hard TED may be modified as 
specifically authorized by 50 CFR 227.72(e)(4)(iv)); or
    (2) A special hard TED that complies with the provisions of 50 CFR 
227.72(e)(4)(ii); or
    (3) Prior to December 31, 1996, a soft TED that complies with the 
provisions set forth in 50 CFR 227.72(e)(4)(iii).
* * * * *
    Atlantic Shrimp Fishery-Sea Turtle Conservation Area (Atlantic 
SFSTCA) means the inshore and offshore waters along the coast of the 
States of Georgia and South Carolina from the Georgia-Florida border to 
the North Carolina-South Carolina border extending to 10 nautical miles 
(18.5 km) offshore.
* * * * *
    Gulf Shrimp Fishery-Sea Turtle Conservation Area (Gulf SFSTCA) 
means the offshore waters along the coast of the States of Texas and 
Louisiana from the South Pass of the Mississippi River to the U.S.-
Mexican border extending to 10 nautical miles (18.5 km) offshore.
* * * * *

PART 227--THREATENED FISH AND WILDLIFE

    3. The authority citation for part 227 continues to read as 
follows:

    Authority: 16 U.S.C. 1531 et seq.

    4. In Sec. 227.72, paragraphs (e)(2)(ii)(B)(1), (e)(4)(i)(F), 
(e)(4)(iii) introductory text, (e)(5) heading and (e)(5)(i) are revised 
to read as follows:

Sec. 227.72  Exceptions to prohibitions.

* * * * *
    (e) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (1) (i) Effective December 31, 1996, a single test net (try net) 
with a headrope length of 12 ft (3.6 m) or less and with a footrope 
length of 15 ft (4.6 m) or less, if it is either pulled immediately in 
front of another net or is not connected to another net in any way, if 
no more than one test net is used at a time, and if it is not towed as 
a primary net;
    (ii) Prior to December 31, 1996, in the Gulf SFSTCA or the Atlantic 
SFSTCA, a single test net (try net) with a headrope length of 12 ft 
(3.6 m) or less and with a footrope length of 15 ft (4.6 m) or less, if 
it is either pulled immediately in front of another net or is not 
connected to another net in any way, if no more than one test net is 
used at a time, and if it is not towed as a primary net;
    (iii) Prior to December 31, 1996, in areas other than the Gulf 
SFSTCA or the Atlantic SFSTCA, a single test net (try net) with a 
headrope length of 20 ft (6.1 m) or less, if it is either pulled 
immediately in front of another net or is not connected to another net 
in any way, if no more than one test net is used at a time, and if it 
is not towed as a primary net;
* * * * *
    (4) * * *
    (i) * * *
    (F) Position of escape opening. (1) In areas other than the Gulf 
SFSTCA or the Atlantic SFSTCA, the entire width of the escape opening 
from the trawl must be centered on and immediately forward of the frame 
at either the top or bottom of the net when the net is in its deployed 
position. The escape opening must be at the top of the net when the 
slope of the deflector bars from forward to aft is upward, and must be 
at the bottom when such slope is downward. For a single-grid TED, the 
escape opening must be cut horizontally along the same plane as the 
TED, and may not be cut in a fore-and-aft direction.
    (2) In the Gulf SFSTCA and the Atlantic SFSTCA, 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 deflector bars from forward to aft 
must be upward. For a single-grid TED, the escape opening must be cut 
horizontally along the same plane as the TED, and may not be cut in a 
fore-and-aft direction.
* * * * *
    (iii) Soft TEDs (applicable until December 31, 1996). Soft TEDs are 
TEDs

[[Page 18116]]

with deflector panels made from polypropylene or polyethylene netting. 
In the Gulf SFSTCA and the Atlantic SFSTCA, soft TEDs are not approved 
TEDs. Prior to December 31, 1996, in areas other than the Gulf SFSTCA 
and Atlantic SFSTCA, the following soft TEDs are approved TEDs:
* * * * *
    (5) Revision of generic design criteria, allowable modification of 
hard TEDs, additional special hard TEDs.
    (i) The Assistant Administrator may revise the generic design 
criteria for hard TEDs set forth in paragraph (e)(4)(i) of this 
section, may approve special hard TEDs in addition to those listed in 
paragraph (e)(4)(ii) of this section, or may approve allowable 
modifications to hard TEDs in addition to those authorized in paragraph 
(e)(4)(iv) of this section, by a regulatory amendment, if, according to 
a NMFS-approved scientific protocol, the TEDs demonstrate a sea turtle 
exclusion rate of 97 percent or greater (or an equivalent exclusion 
rate). Testing under the protocol must be conducted under the 
supervision of the Assistant Administrator, and shall be subject to all 
such conditions and restrictions as the Assistant Administrator deems 
appropriate. Any person wishing to participate in such testing should 
contact the Director, Southeast Fisheries Science Center, NMFS.
* * * * *
[FR Doc. 96-10087 Filed 4-19-96; 4:16 pm]
BILLING CODE 3510-22-F

Complete official Federal Register PDF

FR Doc. 96-10057 Meeting of the Indian Self-Determination Negotiated Rulemaking Committee
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Page 18100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10057]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Chapter I

Meeting of the Indian Self-Determination Negotiated Rulemaking 
Committee

AGENCY: Bureau of Indian Affairs, Interior; Indian Health Service, 
Department of Health and Human Services.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Department of the Interior (DOI), Secretary of the 
Interior and the Secretary of Health and Human Services (DHHS) have 
established an Indian Self-Determination Negotiated Rulemaking 
committee (Committee) to negotiate and develop a proposed rule 
implementing the Indian Self-Determination and Education Assistance Act 
(ISDEAA), as amended.
    The Departments have determined that the establishment of this 
Committee is in the public interest and will assist the agencies in 
developing regulations authorized under section 107 of the ISDEAA. The 
agenda for this meeting will include the Committee's review of public 
comments submitted in response to the Notice of Proposed Rule Making 
(NPRM), which appeared in the Federal Register on January 24, 1996. The 
Committee plans to submit a final report with recommendations to the 
Secretaries of DOI and HHS for promulgation of a final rule.

DATES: The Committee and appropriate work groups will meet on the 
following days beginning at approximately 8:30 a.m. and ending at 
approximately 5:00 p.m. each day: Monday, April 29, Tuesday, April 30, 
Wednesday, May 1, Thursday, May 2, and Friday, May 3.

ADDRESSES: All meetings April 29 through May 3, 1996, will be held at 
the: Sheraton Denver West Hotel & Conference Center, 360 Union 
Boulevard, Lakewood, Colorado 80228, telephone: (303) 987-2000. (Work 
groups will also be meeting at the same location.)
    Written statements may be submitted to Mr. James J. Thomas, Chief, 
Division of Self-Determination Services, Bureau of Indian Affairs, 1849 
C Street, NW, MS: 4627-MIB, Washington, D.C. 20240, telephone (202) 
208-3708.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Thomas, Chief, Division 
of Self-Determination Services, Bureau of Indian Affairs, 1849 C Street 
NW, MS:4627-MIB, Washington, DC 20240, telephone (202) 208-3708 or Mrs. 
Merry L. Elrod, Program Analyst, Division of Self-Determination 
Services, Indian Health Service, 5600 Fishers Lane, Parklawn Building, 
Room 6A-05, Rockville, MD 20857, telephone (301) 443-1044.

SUPPLEMENTARY INFORMATION: This is an emergency Notice due to 
legislation extending authorization to promulgate rule. The meeting 
will be open to the public without advanced registration.
    Public attendance may be limited to the space available. Members of 
the public may make statements during the meeting, to the extent time 
permits and file written statements with the Committee for its 
consideration. Written statements should be submitted to the address 
listed above. Summaries of Committee meetings will be available for 
public inspection and copying ten days following the meeting at the 
same address. In addition, the material received to date during the 
input sessions are available for inspection and copying at the same 
address.

    Dated: April 11, 1996.
Ada E. Deer,
Assistant Secretary-Indian Affairs.
[FR Doc. 96-10057 Filed 4-23-96; 8:45 am]
BILLING CODE 4310-02-P

Complete official Federal Register PDF

FR Doc. 96-10056 North Dakota Regulatory Program
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18100-18102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10056]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-034-FOR, State Amendment No. XXIII]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the North Dakota 
regulatory program (hereinafter, the ``North Dakota program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to North Dakota's rules to 
reflect the new name of the U.S. Department of Agriculture's Soil 
Conservation Service (i.e., change it to the Natural Resource 
Conservation Service), revisions to clarify the required scale of 
annual maps, revisions to revegetation success standards for prime 
farmland and lands used for recreational purposes, and revisions to the 
time allowed for implementation of a rule previously approved by OSM as 
an alternative method for determining the required depth of soil 
respreading. The amendment is intended to revise the North Dakota 
program to be consistent with the corresponding Federal regulations as 
well as with SMCRA, incorporate the additional flexibility afforded by 
the revised Federal regulations and SMCRA, and provide additional 
safeguards, clarify ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., May 24, 
1996. If requested, a public hearing on the proposed amendment will be 
held on May 20, 1996. Requests to present oral testimony at the hearing 
must be received by 4:00 p.m., m.d.t., on May 9, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.

    Copies of the North Dakota program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed

[[Page 18101]]

amendment by contacting OSM's Casper, Wyoming, Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B. Street, Federal Building, Room 
2128, Casper, Wyoming 82601-1918
Edward J. Englerth, Director, Reclamation Division, North Dakota Public 
Service Commission, Capitol Building, Bismarck, North Dakota, 
Telephone: 701-328-4092

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307-261-6550. 
Internet address: [email protected]

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the North Dakota program. General background information on 
the North Dakota program, including the Secretary's findings, the 
disposition of comments, and conditions of approval of the North Dakota 
program can be found in the December 15, 1980, Federal Register (45 FR 
82214). Subsequent actions concerning North Dakota's program and 
program amendments can be found at 30 CFR 934.15, 934.16 and 934.30.

II. Proposed Amendment

    By letter dated March 20, 1996, North Dakota submitted a proposed 
amendment to its program (amendment No. XXIII, administrative record 
No. ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota 
submitted the proposed amendment in response to a letter, dated 
November 22, 1995, from OSM, and the required program amendments at 30 
CFR 934.16 (aa) and (bb). Described below are changes that North Dakota 
proposes to its rules.
    Revision of the following rules to reflect the new name of the 
United States Soil Conservation Service, i.e., the Natural Resource 
Conservation Service: NDAC 69-05.2-01-02, 69-05.2-08-08, 69-05.2-08-09, 
69-05.2-10-01, 69-05.2-10-03, 69-05.2.22-02, and 69-05.2-27-02.
    Revision of the various rules to reflect the new name of the State 
Department of Health and Consolidated Laboratories, i.e., the State 
Department of Health: NDAC 69-05.2-13-05, 69-05.2-13-07, 69-05.2-16-02, 
69-05.2-16-04, 69-05.2-16-05, and 69-05.2-19-02.
    Revision of the rule at NDAC 69-05.2-09-02 to conform more closely 
to 30 CFR 780.14(b)(5) which relates to the disposal of noncoal wastes 
in the permit area, and to provide a cross-reference to the State 
Department of Health solid waste management rules.
    Revision of the rule at NDAC 69-05.2-13-02 to change the standard 
for map scales with the intent of making them easier to produce as well 
as more manageable to use and store.
    Revision of the rule at NDAC 69-05.2-15-04, which extends the 
effective date of the suitable plant growth material option by 2 years, 
to the end of 1998. North Dakota indicated that this will enable it to 
conduct additional research comparing the effectiveness of the option 
with the option of respreading all suitable plant growth material 
inventoried and removed.
    Revision of the rule at NDAC 69-05.2-19-04 to reflect the name 
change to the State Department of Health, to indicate what is meant by 
noncoal wastes as defined by the State Department of Health rules on 
solid waste disposal, to address the disposal of wastes containing 
asbestos, and to show clearly that combustible materials must be 
disposed of as required by the State Department of Health.
    Revision of the performance standards for prime farmland at NDAC 
69-05.2-22-07 with the intent of partly satisfying 30 CFR 934.16(aa). 
This proposed change would require that permittees demonstrate 
restoration of prime farmland productivity before qualifying for third 
stage bond release. In addition, North Dakota proposes to add a new 
subsection with the intent of partly satisfying 30 CFR 934.16(bb). The 
new subsection addresses the stocking and plant establishment standards 
for woody plants in areas to be developed for recreation.
    Revision of the rule at 69-05.2-26-05 to make cross-reference 
corrections and to add the terms, ``average annual'' and ``average'' 
for clarity. Also, language that North Dakota considers superfluous is 
proposed to be deleted.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the North Dakota program.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Casper Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
m.d.t. on May 9, 1996. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify at the public 
hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specific date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778

[[Page 18102]]

(Civil Justice Reform) and has determined that this rule meets the 
applicable standards of subsections (a) and (b) of that section. 
However, these standards are not applicable to the actual language of 
State regulatory programs and program amendments since each such 
program is drafted and promulgated by a specific State, not by OSM. 
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the 
Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR Parts 
730, 731, and 732 have been met.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal that is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 17, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-10056 Filed 4-23-96; 8:45 am]
BILLING CODE 4310-05-M

Complete official Federal Register PDF

FR Doc. 96-10048 Standard Design Certification for the U.S. Advanced Boiling Water Reactor and the System 80+ Standard Designs; Proposed Rule and Meeting
[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Page 18099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10048]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / 
Proposed Rules

[[Page 18099]]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 52

RIN 3150-AE87; 3150-AF15

Standard Design Certification for the U.S. Advanced Boiling Water 
Reactor and the System 80+ Standard Designs; Proposed Rule and Meeting

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed Rule: Supplementary notice of proposed rulemaking and 
public meeting.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
considering approval by rulemaking of the U.S. Advanced Boiling Water 
Reactor (ABWR) and the System 80+ standard designs. The applicant for 
certification of the U.S. ABWR design is GE Nuclear Energy and for the 
System 80+ design is Asea Brown Boveri-Combustion Engineering. Notices 
of proposed rulemaking for the certification of these designs were 
published in the Federal Register on April 7, 1995 (60 FR 17902 and 60 
FR 17924). The final design certification rules, which are under 
consideration by the Commission, are contained in SECY-96-077, 
``Certification of Two Evolutionary Designs,'' which was prepared by 
the NRC staff. This SECY paper has been placed in the NRC Public 
Document Room and additional comments on the proposed rules, focusing 
specifically on staff recommended changes from the rules originally 
proposed, are solicited. These changes are discussed in the 
supplementary information section of the recommended notices of final 
rulemaking contained in SECY-96-077. In this regard, the NRC will also 
conduct a public meeting. The purpose of the meeting is to provide an 
opportunity for the public to ask questions on the development of the 
final rules and the NRC's resolution of comments received on the 
proposed rules.

DATES: Public meeting on Thursday, May 2, 1996, 1:00 p.m. Comments are 
due on or before May 24, 1996. Comments received after this date will 
be considered if it is practical to do so, but the Commission is only 
able to assure consideration for comments received on or before this 
date.

ADDRESSES: Submit written comments to: The Secretary of the Commission, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Docketing and Service Branch.
    Comments may also be hand delivered to 11555 Rockville Pike, 
Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays. 
Copies of SECY-96-077, including the Federal Register notices for both 
rules, and the comments received will be available for examination at 
the NRC Public Document Room at 2120 L Street NW. (Lower Level), 
Washington, DC. The meeting will be held in the NRC auditorium, 11545 
Rockville Pike, Rockville, Maryland 20852. The Auditorium is located on 
the underground level between the One White Flint North Building and 
the Two White Flint North Building. The NRC buildings are located 
across the street from the White Flint Metro Station. The entrance to 
the auditorium is located underneath the glass pyramid, near the Two 
White Flint Building.

FOR FURTHER INFORMATION CONTACT: Dino Scaletti, Office of Nuclear 
Reactor Regulation, telephone (301) 415-1104, or Jerry N. Wilson, 
Office of Nuclear Reactor Regulation, telephone (301) 415-3145, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555.

    Dated at Rockville, Maryland, this 18th day of April, 1996.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-10048 Filed 4-23-96; 8:45 am]
BILLING CODE 7590-01-P

Complete official Federal Register PDF

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