Potential New Turtle Exclusion Device Requirements for Skimmer Trawl Vessels Less Than 40 Feet (12.2 Meters) in Length
| Published date | 20 April 2021 |
| Citation | 86 FR 20475 |
| Record Number | 2021-08108 |
| Section | Proposed rules |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 86 Issue 74 (Tuesday, April 20, 2021)
[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Proposed Rules]
[Page 20475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08108]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223
[Docket No. 210414-0079]
RIN 0648-BK49
Potential New Turtle Exclusion Device Requirements for Skimmer
Trawl Vessels Less Than 40 Feet (12.2 Meters) in Length
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: NMFS hereby publishes an advance notice of proposed rulemaking
to solicit comments on the possibility of modifying the turtle excluder
device (TED) related requirements for skimmer trawl vessels less than
40 feet (12.2 meters) in length operating in the southeast U.S. shrimp
fisheries. NMFS is requesting comments on this possible action.
DATES: Information related to this document must be received by close
of business on May 20, 2021.
ADDRESSES: You may submit comments via the Federal e-rulemaking Portal
at www.regulations.gov identified by docket number 210414-0079, or by
mail to Michael Barnette, Southeast Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701. Comments sent by any other
method, to any other address or individual, or received after the end
of the comment period, may not be considered by NMFS. All comments
received are part of the public record and will generally be posted for
public viewing on www.regulations.gov without change. All personal
identifying information (e.g., name, address, etc.), confidential
business information, or other sensitive information submitted
voluntarily by the sender will be publicly accessible. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Michael Barnette, 727-551-5794,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Under the Endangered Species Act (ESA) and its implementing
regulations, taking (e.g., harassing, injuring or killing) sea turtles
is prohibited, except as identified in 50 CFR 223.206, in compliance
with the terms and conditions of a biological opinion issued under
section 7 of the ESA, or in accordance with an incidental take permit
issued under section 10 of the ESA. Incidental takes of threatened and
endangered sea turtles during shrimp trawling are exempt from the
taking prohibition of section 9 of the ESA so long as the conservation
measures specified in the sea turtle conservation regulations (50 CFR
223.206; 50 CFR 224.104) are followed.
On December 16, 2016 (81 FR 91097), NMFS published a proposed rule
that would withdraw the tow time restriction and require TEDs designed
to exclude small sea turtles in all skimmer trawls, pusher-head trawls,
and wing nets (butterfly trawls) rigged for fishing, with the exception
of vessels participating in the Biscayne Bay wing net fishery
prosecuted in Miami-Dade County, Florida. NMFS ultimately published a
final rule on December 20, 2019 (84 FR 70048), requiring skimmer trawl
vessels 40 feet (12.2 meters) and greater in length to use TEDs
designed to exclude small sea turtles in their nets effective on April
1, 2021. On March 31, 2021 (86 FR 16676), NMFS delayed the effective
date of this final rule until August 1, 2021, due to safety and travel
restrictions related to the COVID-19 pandemic that prevented necessary
training and outreach for fishers. The changes between the proposed and
final rules were due to potential economic impacts of the proposed
rule, performance and safety issues with TED use on smaller vessels,
and lack of testing data with gear types other than skimmer trawls.
Analyses for all considered alternatives were included in a final
environmental impact statement (FEIS), the notice of availability of
which was published on November 15, 2019 (EIS No. 20190270; 84 FR
62530; 11/15/2019).
NMFS has conducted additional testing that has produced TED designs
that are effective on skimmer trawl vessels less than 40 feet (12.2
meters) in length. Therefore, NMFS is soliciting public comment on the
potential expansion of TED requirements for skimmer trawl vessels less
than 40 feet (12.2 meters) in length. NMFS is seeking input from the
public on the feasibility of employing these TEDs on smaller length
vessels, input on the associated costs of any new TED requirements, and
other potential environmental impacts.
Request for Comments
NMFS requests comments on potential impacts from a potential
expansion of TED requirements to other skimmer trawl vessels, as well
as other initiatives to reduce fishery bycatch of threatened and
endangered sea turtles in the southeast U.S. shrimp fisheries.
Authority: 16 U.S.C. 1531-1543.
Dated: April 15, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-08108 Filed 4-19-21; 8:45 am]
BILLING CODE 3510-22-P
