Sea Turtle Conservation: Restrictions Applicable to Shrimp Trawling Activities; Additional Turtle Excluder Device Requirements Within Certain Fishery Statistical Zones

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 217 and 227

[Docket No. 950427119-5152-04; I.D. 061295B]

RIN 0648-AH98

Sea Turtle Conservation: Restrictions Applicable to Shrimp

Trawling Activities; Additional Turtle Excluder Device Requirements

Within Certain Fishery Statistical Zones

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary additional restrictions on fishing by shrimp trawlers

in the nearshore waters off Georgia to protect sea turtles; request for

comments.

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SUMMARY: NMFS is imposing, for a 30-day period, additional restrictions

on shrimp trawlers fishing in the Atlantic Area in offshore waters out

to 10 nautical miles (nm)(18.5 km) from the COLREGS line, between

30 deg.45' N. lat. and 32 deg.03' N. lat. This area includes nearshore

waters in NMFS fishery statistical Zone 31, a small part of the

southern portion of statistical Zone 32, [[Page 32122]] and

approximately 18 miles (29.0 km) of the northern portion of statistical

Zone 30. The restrictions include prohibitions on the use by shrimp

trawlers of: soft turtle excluder devices (TEDs); bottom-opening TEDs;

webbing flaps that completely cover the escape opening of TEDs; and try

nets with a headrope length greater than 12 ft (3.6 m) and footrope

length greater than 15 ft (4.5 m), unless the try nets are equipped

with approved TEDs other than soft or bottom-opening TEDs. This action

is necessary to prevent the continuation of high levels of mortality

and strandings of threatened and endangered sea turtles.

DATES: This action is effective at 12:01 a.m. (local time) June 21,

1995 through 11:59 p.m. (local time) July 20, 1995. Comments on this

action must be submitted by July 21, 1995.

ADDRESSES: Comments on this action and requests for a copy of the

environmental assessment (EA) or supplemental biological opinion (BO)

prepared for this action should be addressed to the Chief, Endangered

Species Division, Office of Protected Resources, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Charles A. Oravetz, 813-570-5312, or

Russell Bellmer, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S. waters are listed as either

endangered or threatened under the Endangered Species Act of 1973

(ESA). The Kemp's ridley (Lepidochelys kempii), leatherback

(Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead (Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened, except for breeding

populations of green turtles in Florida and on the Pacific coast of

Mexico, which are listed as endangered.

The incidental take and mortality of sea turtles, as a result of

shrimp trawling activities have been documented in the Gulf of Mexico

and along the Atlantic Seaboard. Under the ESA and its implementing

regulations, taking sea turtles is prohibited, with exceptions set

forth at 50 CFR 227.72. The incidental taking of turtles during shrimp

trawling in the Gulf and Atlantic Areas (as defined in 50 CFR 217.12)

is excepted from the taking prohibition, if the sea turtle conservation

measures specified in the sea turtle conservation regulations (50 CFR

part 227, subpart D) are employed. The regulations require most shrimp

trawlers operating in the Gulf of Mexico and Southeast U.S. Atlantic to

have a NMFS-approved TED installed in each net rigged for fishing, year

round.

The conservation regulations provide a mechanism to implement

further restrictions of fishing activities, if necessary to avoid

unauthorized takings of sea turtles that may be likely to jeopardize

the continued existence of listed species or that would violate the

terms and conditions of an incidental take statement or biological

opinion. Upon a determination that incidental takings of sea turtles

during fishing activities are not authorized, additional restrictions

may be imposed to conserve listed species and will be imposed if

necessary to avoid unauthorized takings that may be likely to

jeopardize the continued existence of a listed species. Restrictions

may be effective for a period of up to 30 days and may be renewed for

additional periods of up to 30 days each (50 CFR 227.72(e)(6)).

Biological Opinion

On November 14, 1994, NMFS issued a Biological BO, that concluded

that the continued long-term operation of the shrimp fishery in the

nearshore waters of the southeastern U.S. was likely to jeopardize the

continued existence of the highly endangered Kemp's ridley. In

addition, while the long-term operation of the shrimp fishery would not

likely jeopardize the continued existence of loggerheads, it could

prevent the recovery of this species. This BO resulted from an ESA

section 7 consultation that was reinitiated in response to the

unprecedented number of dead sea turtles that stranded along the coasts

of Texas, Louisiana, Georgia, and Florida in the spring and summer of

1994, coinciding with heavy nearshore shrimp trawling activity.

Pursuant to section 7(b)(3) of the ESA, NMFS provided a reasonable and

prudent alternative to the existing management measures that would

allow the shrimp fishery to continue without jeopardizing the continued

existence of the Kemp's ridley sea turtle. In addition, the BO was

accompanied by an Incidental Take Statement (ITS), pursuant to section

7(b)(4)(i) of the ESA, that specifies the impact of such incidental

taking on the species. The ITS provides two levels to identify the

expected incidental take of sea turtles by shrimp fishing. The

incidental take levels are based upon either documented takes or

indicated takes measured by stranding data. Stranding data are

considered an indicator of lethal take in the shrimp fishery during

periods in which intensive shrimping effort occurs and there are no

significant or intervening natural or human sources of mortality, other

than shrimping, conclusively identified as the cause of the strandings.

NMFS has established an indicated take level (ITL) by identifying

the weekly average number of sea turtle strandings documented in each

NMFS statistical zone for the last 3 years (taking into consideration

anomalous years). In Texas and Georgia, where strandings were

anomalously high in 1994, the years 1991-93 were used to determine

historical levels. The weekly average was computed as a 5-week running

average (2 weeks before and after the week in question) to reflect

seasonally fluctuating events such as fishery openings and closures and

turtle migrations. The ITL for each zone was set at 2 times the weekly

3-year stranding average. For weeks and zones where the historical

average was less than one, the ITL was set at two strandings.

As discussed below, consultation was again reinitiated as a result

of high levels of strandings in the Gulf this year, and concluded with

the issuance of a biological opinion on April 26, 1995. This BO

reaffirmed the reasonable and prudent alternative and incidental take

statement provided on November 14, 1994.

The Emergency Response Plan

The reasonable and prudent alternative of the November 14, 1994, BO

and the accompanying ITS required NMFS to develop and implement an

Emergency Response Plan (ERP) to respond to future stranding events and

to ensure compliance with sea turtle conservation measures. The

Assistant Administrator for Fisheries, NOAA (AA) approved the ERP on

March 14, 1995, and published a notice of availability on April 21,

1995 (60 FR 19885). Comments on the ERP are being accepted. The ERP

provides for elevated enforcement of TED regulations in two areas in

which strandings of Kemp's ridley sea turtles historically have been

high. The first, the Atlantic Interim Special Management Area, includes

shrimp fishery statistical Zones 30 and 31 (northeast Florida and

Georgia). The second, the Northern Gulf Interim Special Management

Area, includes statistical Zones 13 through 20 (Louisiana and Texas

from the Mississippi River to North Padre Island). The ERP also

establishes procedures for notifying NMFS of sea turtle stranding

events, and provides guidelines for implementation of temporary

restrictions to prevent take levels in the BO from being

exceeded. [[Page 32123]]

As described in the ERP, restrictions in addition to those already

imposed by 50 CFR 227.72(e) will be placed on shrimping in the Interim

Special Management Areas if 75 percent or more of the ITL is reached

for 2 consecutive weeks. The restrictions originally identified in the

ERP (60 FR 19885, April 21, 1995) and imposed in certain statistical

areas in the Gulf of Mexico (60 FR 21741, May 3, 1995) were modified

subsequently (60 FR 26691, May 18, 1995). A detailed discussion of

those restrictions, the modification, and reasons therefor, is provided

in those notices and is not repeated here.

As described in the ERP, when strandings remain elevated for 1

month in zones outside the Interim Special Management Areas, NMFS, upon

the determination of the Director, Southeast Region, NMFS (Regional

Director), may implement management actions, similar to those specified

for the Interim Special Management Areas.

Recent Stranding Events

Sea turtle strandings on offshore beaches in a number of NMFS

fishery statistical zones in the southeastern U.S. have exceeded the

established ITLs specified in the November 14, 1994, BO, during 1995.

Temporary restrictions on shrimp fishing were imposed in some zones of

Texas and western Louisiana on April 27, 1995 (60 FR 21741, May 3,

1995), in response to elevated strandings within those zones. Recent

strandings in Georgia and South Carolina appear to be closely

correlated with the opening of state waters to shrimp fishing, as

delineated below.

South Carolina

South Carolina waters, which fall within NMFS statistical Zones 32

and 33, were opened to shrimping on May 16, 1995. Reported strandings

on offshore beaches of South Carolina increased beginning on May 17,

and exceeded the ITL in Zone 32 by the end of the week of May 28.

Strandings again reached the ITL during the week beginning May 28. The

ITL was exceeded in Zone 33, beginning May 21, and approached the ITL

for the week beginning May 28. Many of the strandings reported in Zone

33 earlier in the spring occurred in North Carolina in the northern

portion of the Zone. Four weekly averages (May 7 through June 3) for

Zones 32 and 33, have approached 75 percent of, or exceeded, the ITL;

however, the strandings have not remained elevated throughout the

entire period. Enforcement efforts have been increased in response to

strandings, and as described in the ERP, restrictions will be initiated

in the waters off South Carolina if stranding levels remain elevated.

Shrimping effort was elevated during the week following the May 16

opening of South Carolina waters, with 280 trawlers observed, including

200 in the vicinity of Charleston on May 17, 1995. During an aerial

survey conducted on May 23, 1995, 95 vessels were observed. Georgia

waters opened to shrimp fishing on June 1, 1995, which may have

resulted in reduced effort off South Carolina as vessels moved south.

Additionally, tropical storm Allison, which prevented an aerial survey

in early June, may also have reduced effort. An aerial survey conducted

on June 7, 1995, documented 120 shrimp vessels operating within 1 mile

(1.9 km) of the South Carolina offshore beaches.

Georgia

The Georgia coastline encompasses the northern 18 miles (29.0 km)

of NMFS shrimp statistical Zone 30, all of Zone 31, and a few miles of

the southern portion of Zone 32. Zones 30 and 31 are both within the

Atlantic Interim Special Management Area. Georgia waters were opened to

shrimping on Thursday, June 1, 1995. During the week beginning May 28,

21 strandings were reported on Georgia offshore beaches, including 1

Kemp's ridley. Fifteen of these strandings, including the ridley,

occurred in Zone 31, compared to an ITL of 8. While a number of these

turtles stranded before the June 1, 1995, opening, reports of vessels

fishing within state waters prior to the opening have been received and

are being investigated by enforcement personnel. During an aerial

survey conducted over nearshore Georgia waters on June 1, 1995, 351

shrimp vessels were observed. Between June 4 and June 8, 1995, 24

strandings were reported on Georgia offshore beaches, including 6

Kemp's ridleys. The combined ITL for Zones 30 and 31 (which includes a

small, northern portion of the Florida coastline) is 16.

Enforcement observations suggest that compliance with the TED

requirements of the sea turtle conservation regulations is high in

Georgia and South Carolina. Soft TEDs were observed in almost 50

percent of the nets inspected by enforcement agents in Georgia and

South Carolina waters this year, and all hard-grid TEDs observed had

bottom escape openings. State enforcement personnel and resource

managers confirm these observations. As discussed herein, although soft

TEDs and bottom-opening hard TEDs have been generally approved for use

under the sea turtle conservation regulations, based on the best

available information, NMFS concludes that they are not as effective in

releasing turtles, under some conditions, as top-opening hard TEDs.

Additionally, anecdotal accounts suggest that shrimpers off Georgia are

taking high numbers of sea turtles in try nets. Law enforcement

personnel stated that a fisherman reported that another individual

caught 25 sea turtles in try nets with a headrope length of 20 ft (6.1

m) in 2 days of fishing.

Analysis of Other Factors

NMFS and state personnel have investigated factors other than

shrimping that may contribute to sea turtle mortality in Georgia and

South Carolina, including other fisheries and environmental factors.

Gillnet effort in North Carolina waters is being investigated in

association with strandings in North Carolina as well as in northern

South Carolina. Shrimp fishermen have suggested that crabbers in

Georgia waters may be intentionally killing sea turtles based on their

belief that sea turtles cause damage to crab pots. Two loggerheads

stranded on Wassaw Island, GA, had apparent gun shot wounds. Georgia

law enforcement personnel are investigating these reports but currently

have no information identifying participants of any particular fishery

in these intentional mortalities.

An algae bloom with red tide organisms has been transported along

the Gulf Stream into nearshore North Carolina waters where the

coastline projects out near the Gulf Stream. However, there is no

information to suggest that red tide or other environmental conditions

have contributed to sea turtle strandings in Georgia and South Carolina

thus far in 1995. Additionally, accounts of the successful

rehabilitation of loggerhead turtles in pools containing red tide

organisms suggest that sea turtles are not adversely affected solely by

the occurrence of red tide organisms in the environment. Crustaceans,

which are the primary forage species of loggerhead and ridley sea

turtles in the Atlantic, are not considered bioaccumulators of red tide

toxins.

In summary, no new activity or environmental condition has been

identified in the nearshore southeast U.S. Atlantic waters to account

for high stranding levels except for increased shrimping effort

associated with the opening of South Carolina and Georgia waters to

shrimping.

Restrictions on Fishing by Shrimp Trawlers

The November 14, 1994, BO provides a reasonable and prudent

alternative requiring conservation measures be

[[Page 32124]] implemented as mortality levels approach those

established in the ITS to ensure that shrimping is not likely to

jeopardize the continued existence of the Kemp's ridley. The BO

specifically requires that such measures be implemented immediately

when sea turtle takings, indicated or documented, reach 75 percent of

the established levels. These measures are intended to allow shrimp

fishing to continue, while reducing the likelihood of further sea

turtle strandings. The ERP provides further guidance on the nature and

geographic scope of such measures. As noted in the foregoing

discussion, strandings have reached or exceeded the ITL in Zone 31 for

2 weeks; therefore, conservation measures are being implemented in Zone

31 and adjacent waters along the Georgia coast.

Pursuant to 50 CFR 227.72(e)(6), the exemption for incidental

taking of sea turtles in 50 CFR 227.72(e)(1) does not authorize

incidental takings during fishing activities if the takings would

violate the restrictions, terms or conditions of an incidental take

statement or biological opinion, or may be likely to jeopardize the

continued existence of a species listed under the ESA. The AA has

determined that continued takings of sea turtles by shrimp fishing off

Georgia are unauthorized and, therefore takes this action.

The measures that NMFS is implementing include:

1. Prohibition of the use of soft TEDs;

2. Prohibition of the use of bottom-opening TEDs;

3. Prohibition of the use of try nets, with a headrope length

greater than 12 ft (3.6 m) or a footrope length greater than 15 ft (4.5

m), unless the try nets are equipped with approved TEDs other than soft

or bottom-opening TEDs; and

4. Prohibition of the use of webbing flaps completely covering the

escape opening of TEDs, as described in the Requirements section

herein.

These restrictions are being applied in Atlantic offshore waters

seaward to 10 nm (18.5 km) along the Georgia coast, between 30 deg.45'

N. lat. and 32 deg.03' N. lat. Under 50 CFR 217.12, offshore is defined

as marine and tidal waters seaward of the 72 COLREGS demarcation line

(International Regulations for Preventing Collisions at Sea, 1972), as

depicted or noted on nautical charts published by the NOAA (Coast

Charts, 1:80,000 scale) and as described in 33 CFR part 80.

This area includes the nearshore waters in NMFS fishery statistical

Zone 31, a small southern, portion of statistical Zone 32, and

approximately 18 miles (29.0 km) of the northern portion of Zone 30. As

described in the ERP, NMFS may extend conservation measures in any

statistical zone to portions of contiguous zones as determined

necessary. NMFS has extended these measures to include the entire

Georgia coastline due to the familiarity of state boundaries to

shrimpers, and state and Federal enforcement personnel, the occurrence

of physical landmarks delineating Georgia borders, and the high

incidences of strandings along the entire Georgia coastline. These

restrictions will allow fishing by shrimp trawlers to continue in these

areas despite elevated rates of turtle strandings.

Although soft TEDs and bottom-opening hard TEDs have been generally

approved for use under the sea turtle conservation regulations, based

on the best available information, NMFS has concluded that they are not

as effective, under some conditions, in releasing turtles as top-

opening hard TEDs. Therefore, the use of soft TEDs and bottom-opening

hard TEDs is temporarily prohibited in the specified areas. NMFS gear

specialists conducted evaluations of soft TEDs installed in various

trawl designs purchased from a number of suppliers during September,

1994. All the devices met the regulatory requirements for soft TEDs.

Trawl evaluations of the TEDs were conducted in the Canaveral ship

channel. Seven TED/net configurations were tested. Five turtles were

observed upon net retrieval in 21 tows with 1 configuration; 1 turtle

was observed in 20 tows with another configuration. Three of the

configurations also were evaluated for small turtle exclusion through

the release of eight captive-reared loggerhead turtles into the nets.

Entanglement in the TED panels occurred in two of the three

configurations tested. These tests suggest that proper soft TED

installation is critical to turtle release. Additional in-water testing

of hard-grid TEDs in May, 1995, indicated 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 vs. an average of 68.8

seconds) under ideal conditions. NMFS has previously implemented

regulations to discuss and address problems with bottom-opening hard

TEDs (59 FR 33447, June 29, 1994; 60 FR 15512, March 24, 1995).

Notwithstanding the required use of floats, turtles may be more

susceptible to capture in bottom-opening TEDs.

Pursuant to 50 CFR 227.72(e)(2)(ii)(B)(1), try nets have been

exempted from the TED requirements, because they are only intended for

use in brief sampling tows not likely to result in turtle mortality.

Turtles are, however, caught in try nets, and either through repeated

captures or long tows, try nets can contribute to the mortality of sea

turtles. Takes of sea turtles in try nets, including one mortality,

have been documented by NMFS, and anecdotal accounts suggest multiple

sea turtle captures in try nets are occurring in Georgia waters.

Twenty-foot try nets are reportedly preferred to smaller try nets by

the Atlantic shrimp fleet. During the Canaveral ship channel

evaluations, conducted in September 1994 and discussed above, 1

loggerhead was captured in a 13-ft (4.0-m) headrope length try net in

59 tows, while 9 loggerheads were captured in a 20-ft (6.1-m) headrope

length try net in 57 tows. Therefore, NMFS has determined that top-

opening hard-grid TEDs temporarily should be required in try nets

larger than 12-ft (6.1-m) headrope length or a footrope length greater

than 15 ft (4.6 m) in the specified areas. Finally, webbing flaps

completely covering TED escape openings have been allowed in order to

help reduce shrimp loss with TEDs. However, full length flaps may

hinder turtle releases. In a top-opening TED, high pressure is

generated above the trawl net which forces the webbing flap closed;

while in a bottom-opening TED, the weight of the TED grid can pin the

webbing flap shut over the escape opening. Additionally, the webbing

flap can be sewn shut to disable the TED deliberately. Accordingly,

NMFS has determined that use of full length flaps should be temporarily

prohibited in the specified areas.

Under these temporary restrictions, only NMFS-approved hard or

special hard TEDs with top escape openings may be used in shrimp trawls

in the specified areas. Flaps may not completely cover the escape

opening. Figure 1 illustrates a top-opening hard TED with a shortened

webbing flap meeting the dimension requirements of this emergency

action.

Requirements

This action is authorized by 50 CFR 227.72(e)(6). The definitions

in 50 CFR 217.12 are applicable to this action, as well as all relevant

provisions in 50 CFR parts 217 and 227. For example, Sec. 227.71(b)(3)

provides that it is unlawful to fish for or possess fish or wildlife

contrary to a restriction specified or issued under Sec. 227.72(e)(3)

or (e)(6).

NMFS hereby notifies owners and operators of shrimp trawlers (as

defined in 50 CFR 217.12) that for a 30-day period, starting at 12:01

a.m. (local time) [[Page 32125]] June 21, 1995 and ending 11:59 p.m.

(local time) July 20, 1995, fishing by shrimp trawlers in offshore

waters, seaward to 10 nm (18.5 km) from the COLREGS line, along the

Georgia coast, bounded between 30 deg.45' N. lat. and 32 deg.03' N.

lat., is prohibited unless the shrimp trawler is in compliance with all

applicable provisions in 50 CFR 227.72(e) and the following

prohibitions:

1. The use of soft TEDs described in CFR 227.72(e)(4)(iii) is

prohibited.

2. The use of hard TEDs with bottom escape openings and special

hard TEDs with bottom escape openings is prohibited. Approved hard TEDs

and special hard TEDs must be configured with the slope of the

deflector bars upward from forward to aft and with the escape opening

at the top of the trawl.

3. The use of try nets with a headrope length greater than 12 ft

(3.6 m) or a footrope length greater than 15 ft (4.6 m) is prohibited

unless a NMFS-approved top-opening, hard TED or special hard TED is

installed when the try nets are rigged for fishing. Try nets with a

headrope length 12 ft (3.6 m) or less and a footrope length 15 ft (4.6

m) or less remain exempt from the requirement to have a TED installed

in accordance with 50 CFR 227.72(e)(2)(ii)(B)(1).

4. The use of a webbing flap that completely covers the escape

opening in the trawl is prohibited. Any webbing that is attached to the

trawl, forward of the escape opening, must be cut to a length so that

the trailing edge of such webbing does not approach to within 2 inches

(5.1 cm) of the posterior edge of the TED grid. The requirements for

the size of the escape opening are unchanged.

All provisions in 50 CFR 227.72(e), including, but not limited to

50 CFR 227.72(e)(2)(ii)(B)(1) (use of try nets), 50 CFR

227.72(e)(4)(iii) (Soft TEDs), 50 CFR 227.72(e)(4)(i)(F) (Position of

escape opening), and 50 CFR 227.72(e)(4)(iv)(C) (Allowable modification

to TEDs), that are inconsistent with these prohibitions are hereby

suspended for the duration of this action.

NMFS hereby notifies owners and operators of shrimp trawlers in the

area subject to restrictions that they are required to carry a NMFS-

approved observer aboard such vessel(s) if directed to do so by the

Regional Director, upon written notification sent to either the address

specified for the vessel registration or documentation purposes, or

otherwise served on the owner or operator of the vessel. Owners and

operators and their crew must comply with the terms and conditions

specified in such written notification.

Additional Conservation Measures

The AA may withdraw or modify a determination concerning

unauthorized takings or any restriction on shrimping activities if the

AA determines that such action is warranted. Notification of any

additional sea turtle conservation measures, including any extension of

this 30-day action, will be published in the Federal Register pursuant

to 50 CFR 227.72(e)(6).

NMFS will continue to monitor sea turtle strandings to gauge the

effectiveness of these conservation measures. If, after these

restrictions are instituted, strandings in Georgia persist at or above

75 percent of the ITL for 2 weeks, NMFS will follow the guidance in the

ERP to determine whether to prohibit fishing by some or all shrimp

trawlers, as required, in the offshore waters of all or parts of NMFS

statistical Zones 30, 31 and/or 32 seaward to 10 nm (18.5 km) from the

COLREGS line, for a period of 30 days. Contiguous statistical zones or

portions of those zones may be included in the closure as necessary.

Area closures will be implemented through emergency rulemaking notices

pursuant to the procedures set forth at 50 CFR 227.72(e)(6).

Classification

This action has been determined to be not significant for purposes

of E.O. 12866.

Because neither section 553 of the Administrative Procedure Act

(APA), nor any other law requires that general notice of proposed

rulemaking be published for this action, under section 603(b) of the

Regulatory Flexibility Act, an initial Regulatory Flexibility Analysis

is not required.

Pursuant to section 553(b)(B) of the APA, the AA finds there is

good cause to waive prior notice and opportunity to comment on this

rule. It is impracticable and contrary to the public interest to

provide prior notice and opportunity for comment because unusually high

levels of turtle strandings have been reported in Georgia and continue

to occur as shrimping continues. Any delay in this action will likely

result in additional fatal takings of listed sea turtles.

Pursuant to section 553(d) of the APA, the AA finds there is good

cause to waive the 30-day delay in effective date. In addition to the

immediate need to protect listed sea turtles, these restrictions are

expected to impose only a minor burden on shrimp fishermen. The

predominant TED designs in use in the affected area are bottom-opening

hard grid TEDs and soft TEDs. Bottom-opening hard grid TEDs can be

modified to comply with these restrictions in 1 to 2 hours. Any webbing

flap over the escape opening can be shortened in less than 10 minutes.

Trawlers equipped with soft TEDs may be required to move out of the

affected area, or to equip their nets with hard TEDs. Hard grid TEDs

are available for $75.00 to $350.00 and take several hours to install.

Finally, some fishermen may not elect to equip their larger try nets

with hard grid TEDs, and thus, would be unable to monitor their catch

rate during long tows. However, these fishermen may elect to monitor

their catch rate with smaller try nets not required to have an NMFS-

approved top-opening hard TED installed.

The AA prepared an EA for the final rule (57 FR 57348, December 4,

1992) requiring TED use in shrimp trawls and establishing the 30-day

notice procedures. An EA has been prepared for this action. Copies of

the EA are available (see ADDRESSES).

Dated: June 15, 1995.

Charles Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

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