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    Shrimp20FMP (233 261)

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    ROBINSON ASSAD

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    57348 Federal Register / Vol. 87, No. 234 / Friday, December 4. 1992 / Rules and Regulations November 30. 1992. The full text of this (Commission decision is available for inspection and copying during normal business hours in the FCC Dockets Branch (room 230), 1919 M Street NW... Washington, DC. The complete text of this decision may also be purchased from the Commission's copy ‘contractors, Downtown Copy Center. 1990 M Street NW., suite 640, Washington, DC 20036, (202) 452-1422, List of Subjocts in 47 CFR Part 73 Radio broadcasting PART 73—{AMENDED] 1. The authority citation for part 73 ‘continues to read as follows: ‘Authority: 47 US.C 184,303. $72202 [Amended] 2. Section 73.202(b), the Table of FM. ‘Allotments under Missour. is amended bby removing Channel 237A and adding Channel 237C3 at Clinton. Federal Communications Commission Michael C. Ruger. ‘Chief, Allocations Branch, Policy ond Rules ‘Dresion, Mase Media Bureau. TFR Doc. $2-20406 Filed 12-2-02: 8:45 aml ‘etic cove ernest a7 CFA Pan TS {aa Docket Wo. 92-128; RM-8002) Radio Broadcasting Services; South Hill and Lawrencevilie, VA Acencr: Federal Communications Commission. ‘Acnow: Final rule ‘SummaRv: The Commission, at the request of Old Belt Broadcasting Corporation, licensee of Station WSHV— FM Channel 288A, South Hill, Virginia, exchanges channels between Station WSHV-FM, Chennel 288A. South Hill, Virginia, and Sution WHFD-FM, Channel 255A, Lawrenceville. Virginia, ‘and modifies the authorizations of both stations, See 87 FR 28167, June 24. ‘1982, Channel 255A can be allotted to ‘South Hill and Channel 288A can be allotted to Lawrenceville, Virginia. in ‘compliance with the Commission's ‘minimum distance separation requirements and can be used at the ‘transmitter sites specified in Station WSHV-FM's and Station WHFD-FM's authorizations, respectively. Tbe ‘coordinates for Channel 255A at South Hill are 3644-30 and 78-09-42. The ‘coordinetes for Channel 288A at ‘Lawrenceville are 3645-10 and 77-51- 49. With this action, this proceeding is terminated. (ePPECTIVE DATE: January 15, 1903. (POM FURTHER HPORULATION CONTACT: ‘Pamela Blumenthal, Mass Media ‘Bureau, (202) 634-6830. meroRMAATION: This is 8 synopsis of the Commission's Repart ‘and Order, MM Dockat No. 2-128, adopted November 12, 1902. and rolensed December 1, 1992. The full text available ‘List of Subjects in €7 CFR Part 73 Radio broedcasting. PART 73—{AMENDED) 1. The uation foe part 73 ‘continues to read as follows: Aatherley: 47 USC. 154,203. $72202 [Amended 2. Section 73.20, the Table of Pd |Channel 288A and adding Channel 255A at South Hill, and by removing Channel 255A and adding (Channel 268A at Lawrenceville. ‘Federal Communications Commission. Michael C. Ruger. (Chie, Allocations Branch, Policy and Rules Division. Mass Media Bureau. {FR Doc. $2-20487 Flled 12-982: 0:45 aml (exis cove erie DEPARTMENT OF COMMERCE ‘National Oceanic and Atmospheric ‘Administration 50 CFR Parts 217 and 227 [Docket Ne. 91079-2317) [RIN 0648-AEI2 ‘Threatened Fish and Widife: ‘Threatened Marine Reptiies; to Enhance and Faciitiate Compliance ‘Trewlera; Restrictions Applicable to ‘Shrimp Trawiers and Other Fisheries ‘AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce. ‘acho: Pinal rule, ‘Summary: NMFS amends the sea turtle ‘conservation measures and the interim final rule currently in effec. As of December 1, 1982, this final rule requires shrimp trawlers to comply wit: ‘sea turtle conservation measures ‘aroughout the yeer in all areas. Where Umnited tow-times may be used as an ‘ahternative to turtle excluder devices ‘ini rer be pe eh oF | 1 (October 31: at other times of the year tows must be limited to no more than ‘73 mimutes. As of January 1. 1903, trawlers under 25 foot (7.6 ‘meters (m)) in offshore waters can no as of January 1. length (20.7 m) end a footrope length of les thera fon (84 rhc yt te tow-time alternative under December 1. oe. This final rule also makes various ‘other tachnical corrections and minor ‘changes tothe een turtla conservation measures. [EFPRCTIVE DATES: This rule is efictive ‘on December 1 1992, except fora ‘egistretion provision contained in erin copoly eis Déznagement and Budget (OMB) under the Paperwork Reduction Act (PRA) and ‘which is not yet eflective. When OMB a received, the afiactive date to the {formation ma Pibsrwont nnduclon As sould be Cdeced tothe Oficn of Protected Resources, NMFS, 1335 East West raver Spring. MD 20930, ‘Atti: Pil Wiliams, nd to tho (Office of Information and Regulatory ‘Affairs of OMB: W. 3. DC 20803, ‘Attention: Desk Officer for NOAA. [FOR FURTHER INFORMATION CONTACT: Phil ‘Williams, NMPS National See Turtle (Coordinator, 301-713-2310. or Charles ‘A. Oravetz, Chief, Protected Species Program, NMFS Southeast Regional (Office, #13-809-3366. ‘SUPPLEMENTARY INFORIATION: Background ‘All pea turtles that occur in U.S: Federal Register / Vol. 57, No 234 / Friday, Decamber 4, 1902 / Rules and Regulations xcept for breeding populations of grown furnle in Florida end onthe Pete {oar of Mexico, which ee sted as Sethe Te nce td ‘oral ofthese species by ahrimp {eawers hat bows dorumented inthe Gulfef Mexico end long te Allan: ferboura ‘Under the ESA and its repulations, tis Toate see le cet ig of le by abrzap trawlers in the Conan ofthe const af the southesstern Irexempted bor he protas ff jremepud trawlers amployspec.bed oe turtle conservation mearares. Generally, these creer metrics ‘quiring abimp cawiers to use {inshore and shore witer er ine fow creumstanoss, to Lait the duration ef towlimes as an alieaaive to using i Proposed Regulations NMFS issued epulations amending SO CFR part 217, 262, and 227 to protect tdangered end trestened aca tree on Jane 20, 1007 (32 FR 2424), NMPS. Inter determined that tere wes a peed toumend thee toeanserve tnd prevent frtber decline i the populations of listed aos tures end to oc ant iat cpl end tslermen NOU pled roped Fegulatons on Apr 50,1008 (37 144s) and held public hearings on the regulations in etch state wberethrzap {Enwlers would be affected. NSPS tended the comment peried propoted rle through Qctober 23,1902. Interim Final Regulations (On September 8, 1982, (57 FR 40861) NMES sued an interim al rule ttiecive September 1, 1082, tant {explemented some ofthe provisions of the Apr 30,1983, proposed rule The interim fina rule extend the ta tate conservation requirements ite San ee urn eran from May 3 through August 31. Beginning November 1.1082, ia all sraus were limited tow times could be adap an alternative to the ue of ‘TEDe tow timer were reduced ror 90 ‘Rinuies o 75 minute, The exemption om the TED requirement for shrimp io te Atlantic was eliminated tnd exempuons were provided for vertical berved bear uawis roller Sel wing net are pusher beedtrewis and bait crumpers. Procedures were eteblishe for resuicung shrimp tawling and other ‘pper of ahing ecuvites aea found ‘ecessry fo protect pa turtles or when ‘Special envirnmenal condone made ‘Uawing with TED equipped wets ‘impracticable. Defintions war added sn pebibicons ware revieed to caify improve enforcement measures. The requirement to use TEDe all year, but most inshore fishermen objected to using TEDs instead of restricting tow times in inshore waters. Some of ‘most commonly voiced comments on this asus follow: Comment: TEDs will not work in inshore waters because they will become clogged with seagrasses, debris, crab traps and other tah. A large ‘umber of commenters from Louisiana, ‘Texas and Mississippi stated that TEDs ‘would not wark in areas where they normally shrimp, The biggest complaint ccancermed abandoned creb-treps, which Purportedly would become tangled in ‘TEDs and release shrimp through the turtle escape opening. North Carolina inshore shrimp Sshermen concems about clogging of TEDs with lesponse: NMFS bas received reports of clogging of TEDs with seagrasses and ‘various types of wash. As discussed below, the final rule provides fore phase-in ofthe requirement to use TEDs 4m inshore waters. Pull implementation Feiconmple, ieing end sovtciog of 57350 Federal Register / Vol. 57, No. 234 / Friday, December 4, 1902 / Rules and Regulations possible problems. These problems ere ‘ot expected to affect nets with # beadsope length of 95 ft (107 mor longer or the oes trelunuly used ofishar. in this Boal rue, « shrimp trawler using a single net thet has « heedrape length of loss than 35 feet (10.7 m) and s footope langth of less then 44 feat (23:4) may restrict tow times ineted af ange TED wal December 3 004 ‘This wll allow additional time for testing of TEDs in amaller nets. When tow-time limits are used, trawlers must restrict their tows to no more then 55 minutes during warm-water april through October 31) and to no ‘more than 75 minutes during cold-water onthe (November 1 through March 3, ‘Comment:1n general the commercial shrimping indursry claims that tow-time limitations are a viable alternative to ‘TEDs and this option should remain in effect in inahore waters. Shrimp fishermen ergus that 80-minute tow times have proven sucressful in ‘protecting soa turtles and that this [bption is the only thing that will work ft inshore waters. Comments from other sectors, which constitute the majority of ‘Comments on this issue, favor tlimiaton of rected ow times aan ‘shemative "Response: The NMFS decision to ‘eliminate the tow-time option, with the ‘exceptions noted, was based upon eral considerations. First, the National Academy of Sciences, in its 1990 report, Decline of the See Turtles: Causes end Prevention. concluded that SO-minute tow times are inadequate to provide ses turtle protection comparable {o tho: provided by TED use and recommended 40- and 60-minute tows {actual bottom Fishing time) for warm- land cold-water months. respectively. Second, tow-time restrictions do not ‘eliminaie siress and trauma to turtles Associated with theit capture end forced Sulrmergence. Physiologist suggest that full recovery from such a capture could require days or even weeks, and that rrultiple captures of the sare turtle Could result in death. even when short tows are uved TEDs, onthe other hand, tninimize stress by releesing the turtle rations is problematic. An insignificant number of cvses involving 2 violation of the tow-time regulations pite the fact tows in excess of 90 minutes. Information from observers confirms t compliance bas been poor. NMFS wet that TEDs are a more effective protection. Furthermore, it may be ‘economically ly 10 use TEDs, rather than limiting tow times. ‘Comment: Existing date do not justify TEDs in al inshore waters or {nll places at all times. There are areas and seasons when turtles are not ‘and TEDs are not needed. A. of commentary that the NMFS ‘requirements for TEDs in virtually all ft the coest ofthe southeastern United States inthe Atlantae and the Gulf of ‘Mexico. Turtle movements appear tobe Tisked with changing water temperatures, bute Humber of otbar factors, including evailailty of food, ‘robebiy alo piey a role in dewrmining Ufsenbetion and tbundance, Furtber, the numbers of turles are severel Sepressed in all arees because of auman ctivitos, resulting in thet Uneetaned find on ‘tus, and protections ‘may be necessary to allow turtles to Tepopulete some areas. NMFS will Continue research efforts and if its Gemonstrated that there are aress and times when turtles are never present. NMFS will consider eliminating 00 turtle conservation measures in those trees at those times. However, no such reas or Umes can be delineated at the Present time. Comment: Of the 3.000 edditionsl comments received on the interim fins! Tale, the overchelming majority of Commenters objected tothe interim final Fale and favored fl implementation of the April 30,1992, proposed rule. The most commonly voloed eriticsm of the interim rule was that i failed to ensure fdequate protection cf sea turtles in Inshore waters by allowing a toweline ‘option instead of mandatory TED "Response: NMFS recognizes thet the sponse: NMPS recognizes thet inter'n Bal role would not provide an Adequate long-term solution tothe peoklows of see taste moral ty in the Simp Bshery. :prpoee of the intr Baal rule wa 0 esplement immediatly turtle protection measures in the Atlantic ere! while providing a> ‘enforce and that such an exemption ‘would allow fishermen to excumvent ‘experiences where fishermen ignored toestime limitations, even wilt NMFS tbearvers aboard. as evidence ol the {naffectivences of tow times as an alternative to TEs. Many ofthe ‘Commenters recommended that NMFS. ‘lary the conditions under puch ao examin would fe him general, the commercial aanp industry avored the use of tow aes. ‘Response: NMFS agrees that in most innarcon where tow-tie liniations ware substituted for TED requirements. ssvallable evidence indicates that compliance has bean poor. For example, ‘poor compliance was documented hrimpers wore allowed to use limited ‘ow tes ff Loisane in th wearmath icane Andrew during Septem! ‘1902, and when fishermen in the summer flounder fishery off North Carolina were required to use limited tow times fom November 3991 through ‘ebruary 1092. ‘However, NMFS believes that there may be isolated areas and times when adverse environmental conditions (algee. et.) make it {impracticable to trawl with TEDs. ‘Where adequate enforcement is possible, limited tow times may be an {Sppropriate alternative. For example, in very restricied naershore area off ‘North Carolina, tow-time limitations have been subituted fo TED ; requirements because of excessive alga ‘concentrations. North Carolina law ‘enforcement personnel have reported fone violation. Rastricted tow times may ‘bean effective option if fishermen ‘cooperate and « strong law enforcement ‘Presence can be maintained. Under Mrost circumstances, however. ‘enforcement is not ‘and at- ‘tea monitoring of tow times is costly. {ineffective and requires significant Hy Federal Register / Vol. 57, No. 234 / Friday, December 4, 1002 / Rules and Regulations 57351 diversion of limited enforcement sources fom otber erect. In any case, MES doesnot intend to iow Compliance with rested tow times ex f permanent alirtive to the use of ‘Eos except where envizoamental Problems have ben wall Govamentad Eid ter isa bass for conctuding hat, In be particular circumstances, oa ls would be sda rota ded technical ruggusions end provided technical suggestions e3 Frcommendatonsregening eer Geserpuone "etbonse NMFS considered these suggescons and incorporated fecommendad changer where tppropnie Final Regulations and Changes From the Proposed and Interin Final Rales "Asa result of comments and recommendations received, te Bal Tmendinens difer fom the proposed {i intern final emencments in several See Spc chngee ae mummetang "Although the interim final role extended wat tare conservation, ‘hessurestroughout the year nthe ‘Alaatic wes, iid not iplement year {ound prorecuons isthe Gul af Maxie. ‘Fis fea role extends sn re Conserved measures be Galfef Mexico aher November 30,1902 SD orderto protect sn turtle where Protective measures otherwise would Fev ens Tins means that sap tel 2 at (eer Tengeh must use Tate all fsbore ‘tates toughout the Gull of Mexico tnd shrimp tavelers less an 25 fet {7 mm feng io oflshore waters and i vewlers im inshore waters must use {Tobe or abide by resmicte tow timer tris esvental to xe immediate econ toaverd high nak th be injured or killed Yo0a, While fishing effort i expected ecrense somewhat duzing winter ‘month, fabing effort, nonetheless, iguificant and te duration of tow is then long presentung a substentel risk injury or mortality to sa tures nd courates tet unlese ea tate Censervlion measures ee throughout the Calf of Mews during {he months of December, january and February approximately 700 wea tres fay be Lilled by shrimp tawiers Boner. tte nl ral reais all shrimp trawlers in offshore waters ‘and most inshore shrimp travelers (with the exception discussed below) will be required to use TEDs in their nets. The proposed rule would have generally eliminated restricted tow times as an ‘ahemative to the use of TEDs., The ‘otarim fina rie did not implement 1004, «shrimp trewler in Tohope of owt with « C (20.7 m) in length and a footrope of lees ‘than 44 fost (13.4 m) in length may Himait tow times to no more than 85 minutes from April 1 through October 31, and to xno more than 75 minutes from ‘November 1 through March 31, a¢ an ‘hamnative to using ¢ TED. A single net is to prevent shrizpers ‘switching from large single ‘Bets to two or mare Dats 10 avoid having to use TEDs, Some fishermen, whare state allow, may want to use two trawls in inshore waters, during the. ‘brown shrimp season. ‘eacourages fishermen to; seth Tabs nena ne, ad such fishermen with risanee, Races ‘esearch has ahve that 25-f0t (7.4m) ‘nets can be modified to accommodate grid TEDs. This final rule also specifies Prnaximui loozope lng ‘evade the requirement to use TEDs. ‘A hea length of 35 feet (10.7 m) was elected bocatse virtual al airing TEDs can be accommo in ‘ets this sar of larger Some types of Teen be uned a ty sr om, Including most nets with beadropes of 30 fet (rm), and any nets with Beadroper as alle 25 foet (76). 12 Some caves, additional Uma, experi of instruction may be necessary to make ‘Tes function properly im small inabore pets Als, NMS believes tat teditional testing end evaluation of ‘TED. expecially sof TEDs, may provide Bee end beter option tet rien sing eral or pets, The December 1, 1004, date ef Spplicabity ofthis requirement will Provide sulticent tae fortis [ditonel sing and allow Shermen ‘ge to gui expatience with TED The Meadrope longs of 3 fot (10.7 r)also based, in par, on pew information on the inshore shrimp fleet tend fishery. Whan the original regulations ware imph cbearver coverage and most TED ‘esearch efforts were conducted o7. offshore trawlers. More recent ‘capabilities. At this time, NMFS gear ‘specialists are confident that TEDs will ‘work afiactively inshore in nets that bbave « beadrope length of 35 feat (10.7 1m) or more. This difiers froma the interim final sea turtle conservation regulations, aphich evampted dim tewhers lee ‘than 25 feet (7.8 m) in langth from using ‘TEDs in offshore waters. all considerstion. ‘engine power than length. peas pa oar ezawlers is cppesd to raning speed becaise Caving distnces are normaly ot as {real and there may be las pond 10 seek 1 rpeedy refuge from an approaching NMFS: that enforcament of ‘tow-time restrictions is problematic and ‘hat using beadrope length as the basis recht pacal eaten protien t s Ficlets, ameliorated somewhat by allowing on! frimp uewlers with ene et igped for fishing to use the restricted tow-ime ‘A more concentrated 57382 “This fina ale does not extend the limited omemption for owls using # sal et to vessels operat tifsbore becaue,valike ame te peraing with smal et in inhore ‘ltrs terars operating in offshore fice wit TEDS Oy tooopeat ficiently with TEDs by January 1, 1903; TEDr have bees orocgaly toned and extensively used in ofiore waters Scone coe al towers that normally operate inshore willbe feguted ture TEDe when thy are aking in otsbore waters. NMES especie ye tito can be agupped wi TED, ting Curent technelogy. Additionally. ‘wbes operating offshore, thee salar Twin ohen fab nee te coust ‘Availabe evidence sees tht ‘ovals of the euesiy endangered Rex ily satu ohn oor teh shrimping operntions we ‘Conducted in these costal offshore Seater Thos, NMFS bas determined inva shin trawlers, eperdess of engl or net ise, should be required to UanTEDs tn offohoreweters es Soon a precleable to mocinize se turtle Protection. ‘4. This final rule corrects. clarifies, and makes minor amendments to the ropulations implemented by the inter. rule. For example, technical changes in pees deotiesarrsec reas ‘cr the recommendation of NMFS gear fake Een nee, ofan Caste funnel to the TED ‘extension sing or grid bars opposite Soe tate rene Sieemeeenareae italic eyo See ieee metre eee EET wc mgnen ers ees ee ieee mare i ced ed = hineaeeies iioremattageteoas men aerate an evaner ae es ee aeeores, ica enero eee A ae ion game ee eee pr Sama eipemmreuereces sihercn Satya eee Sueruapere ect Soames Siar aerate Federal Register / Vol. 57. istration of Bsharmen was granted Cheb Net Colin wate” rior OMB approval for registration ‘ould allow NOGFS to respond mare ‘amended by the interim final rule that sare not this final rule (eg, ‘ofthe dafinitions in § 217.12) are ‘ther applicable law. NMFS conducted ‘consultation under section 7 of the ESA for the 1987 see turtle conservation (52 FR 24244, june 29, Freie ening Cone regions B 088 Aalisenal comulton hes oem Conducted to analyze the effects of the ‘shrimp trawl fishery in the southeastern ‘United States on see turtles and other species listed under the ESA. The ‘iological opinion for this onmtion sued on August 1.2062, ‘concludes that operation of the shrimy ‘travel fisbery, upon implementation specified measures pursuant to the phase-in schedule specified inthis inal rule, is not likely to jeopardize the Continued existence of see turtles or ‘other listed species. This final rule is ‘consistent with the terms and ‘conditions of the incidental take ‘Statement that is included in the ‘iological opinion. ‘A regulatory impect review/regulatory flexibility analysis (RIVRFA) was prepared for the 1987 sea turle Sonservetion regulations. A combination Envisoomerial Assessment (A) and supplemental RIR was prepered for the proposed amendments that were not Already analyzed in the original analysis. An EA/RIR was also to August 19, 1092. Toe supplemental ‘RIR indicates that this Gna) rule is not ‘“"major rule” for which a regulatory impact analysis is required under EO. “7qa ovironmetal impact atamant toe epee of ere te po ‘of sea turtle: the green loggeiad, and live ridley: The ES ‘tha development of gear end 234 / Friday, December 4, 1992 / Rules and Regulauons procedures to reduce the incidental he and mortality of sea turtles in shrimp trawls. An EA that described a the use prepared in 1987. A ie was prepared on August 19, 1982, Tbe Sieeestanres Sretueie a iu itemnrmanas Remit weed Leeonater er arene environment NMFS bas determined that this rule weil be implemented in a manner that inconsistent tothe maximum extent Section 227.72(¢) (3K) and (6)(iv) for the registration of coxisting d ‘completing and reviewing the collection sintarodton, Comment epering tie burden eetimata or any other expect of this calecen of information, ‘SF be oct to DMPS end OM ve aponesses). ‘because of the need to protect see turtles Federal Register / Vol. 57, No. 234 / Priday, December 4, 1902 / Rules and Regulations tn the Gul of Mexico no late than December 1, 1062, delay i te {implementation of this rule beyond that date may the continued ‘existence of endangered and threataned sae turtles and may’ the closure of the shrimp fishery. this final rule extends requirements in effect ‘under the interim final rule unt) Young 1200: agmatine net io comply Timea ipod by ti ina ule ‘Since the requirements are substantially omnequetly, NMFS has termined that there is good cause to maka this final rule aftective on Deceraber 1, 1982. List of Subjects 50 CFR Part 217 En ‘and threstened species, Exports, Fish, Imports, Marine ‘mammeis, Transportation. 50 CFR Part 227 Endangered and threatened species, Exports. Imports, Marine mammals, ‘Transporation. Dated: November 30,1982. William W. Fox. Fr ‘Asntant Admininzetr for Pishenes For the reasons set forth in the preamble. the interim rule amending 50 CFR parts 217 and 227 that was published at 57 FR 40861 on September 6. 1992, 1s adopted as a final rule with the following changes: PART 217—GENERAL PROVISIONS, 1. The authority citation for part 217 continues to read as follows: ‘Authority: 16 U.S.C. 1831-1844: and 16 1 S(C 7420 et sag, unless otherwise noted, 2. In §217.12, the definitions for Southwest Floride Are” and “Tow pe" Headrope ~Pusher-head trawi (chopsticks)", “Shrimp uywler"; "Skimmer trv!” ‘Soft TED”, “Stretched medh size”, “Feu, “TED (tute excluder vical”. “Test net. or ty net and “Wing net {buttery vl) are republished read ts fellows: $21732. bainnona, Accelerator funnel means « device usad to accelerate te flow of water through «atm tow net ‘Approved TED means: (a) Aberd TED thet with the eter dain treet eth tn 50 nV). (A bard TED may be tharised modified as Spark 227 nen (2)A soft TED thet complies with the provisions of 50 CFR 227.72(e)(4)i). latitude (tbe line ofthe North Carotinay ‘Virgints border) and adjacent sous, other ther wees fi Gal re gnc stg sborewerd thre tncuing Peuthorised officer means: (2) Any commiseloned, warrent, or Any spec ope craceeseeat cr ofa ofthe Netional Marne Fabre SG Aby officer decigasted by the bead ‘ofa Federal or suste agency that has ‘entered into an ‘with the ‘or tha of the. ‘Coast Guard to enforce the provisions of sccompanying and paragraph (1) ofthis definition, ‘Bait shrimper means e shrimp trawler that Babes for and retaine Its abrimp atc awe for the purpooe of saling for use as bal. Fishing orto fish, means: (1) The cate or reas Sas tree (2) The att haveing Ber wie (3) Any other: ‘that can reasonably be 10 result tn the Siching- aking or barverting of aber wide or 1. spon yen support of, or in ery descied i porgephs rough (3) af this definition. Footrope mean» weighted rope or cable aached to the lower ip toma ‘tdge) of the mouth of « trawl net along the forwardmost webbing. 'Footrope length means ihe distance between the points at which tbe ends of the footrope ae attached to the trawl et, eenured long the lorwardmont webbing. Gulf Area means all waters of the Gulf cof Mexico west af 81° W. longitude (the line at which the Gulf Aree meets the Saramse ae reo! (including parts) Hard TED means «rigid dalectr id ‘and ensociated bardware designed to ‘Siulled bate! et oneal of tbe 57333 ‘codend forthe purpose of excluding 28 turtles from the net. bea aetonte ‘ote en-board = pulled taut. Taut means a cosidition in which there is no sleck in the net webbing. ‘TED (turtle excluder device) means « device designed to be installed in « trawl net farward of the codend for the ‘purpose of excluding see tures from the net. ‘Test net, or try net, means « net pulled forbriet of time just before, ar during, of the primery ‘aiis) in order to test for ehrimp ‘concentrations or determine fishing Sie ra tenes ch tone! it tigd bone, ether ek 57354 Federal Register / Vol. 57, No. 234 / Friday, December 4, 1992 / Rules and Regulations ‘raw! door, holding the trawl mouth open. PART 227—THREATENED FISH AND WILDLIFE 3. The authority citation for part 227 continues to read as follows: ‘Authority: 16 US. 1831 et 209. 4.4m §227,71. paragraphs (a) and (b) are revised and paragraph (c) is ‘republished to read as follows: $227.71, Prohibiuons. (a) Except as provided in §227.72, the prohibitions of section 9 of the Act (16 U.S.C. 1538) relating to endangered species apply to any species of ea turtle ‘enumerated in § 227. {ol Bccopts provided in $227.72 1s unlawful for any subject to the jurisdiction of the United States to do ‘any of the following (1) Own, operate, or be on board « vessel, except if that vessel isin compliance with all applicable provisions of §227.72{¢): 12) Fish for, catch, take, harvest, or possess. fish or wildlife while on board 4 vessel, except if that vessel isin Complisnes with all applicable provisions of § 227.724 (3) Fish for, catch, take, harvest. or possess, fish or wildlife contrary to any hotice of tow-time or other restriction ‘specified in, or tssued under. §227.72(e) (Vor (8) {4) Possess fish or wildlife taken in ‘wolauon of paragraph (b) of this section: (51 Fail to follow any of the see turtle handling and resuscitation requirements specified im § 227.72(eN(1): (6) Posters a son turtle in any manner contrary to the handling and resuscitation requirements of § 227.72(e) a) (71 Fail to comply immediately. in the manner specified at $0 CFR 620.8 (bl- (2). with instructions and signals specified therein issued by an authorized officer. including instructions and signals to haul back & ‘et for inspection: (8] Refuse to allow an authorized officer to board a vessel, or to enter an trea where fish or wildlife may be found. for the purpose of conducting » boarding, search, inspection, seizure, investigation, or arest in connection ith enforcement of this section (9) Destroy, stave. damage. or dispose of in any manner. fish or wildlife. ge cargo. or any other matter after a communication or signal authorized officer. of upon fof such an officer or of an vessel or aircraf, before the officer has an opportunity to inspect same, or in ‘contravention of directions from the OFT aca resi, oppose rx, opponent intimidate, threaten, obstruct, delay. art oir won tthegand Se ib nae of ny boning eae napecion seine (11) interfre with. delay, or prevent Carper, Eastog ta penn commited an et prohibited by this section: (12) Resist lawful arrest for an act prohibited by this section; (13) Maks & false statement, oral or ‘waiten, to an autboried officar or to {he agency concerning the fiding for. cating lingering nig purchasing. selling. or transierring br wildlife, o concerning any other ‘matter subject to investigation under {his secion by such officer or required tobe submited under this part 227; (14) Sell, barter, trade or offer to sel, ‘barter, or trade, a TED that is not an roved TED: or {5} Atiampt to do, solicit another to do, or eause to be done, any ofthe ing. s\Gnga idaton of is sesion alleging e violation ofthis section, any parton claiming the benefit of any Sxamption, exception, or permit under this subpart D hes the burden of proving that the exemption, exception, oF permit tsappltcble, wes panied and wae weld inicio Alleged violation. Further, any person Clalming that a modification made to « ‘TED that isthe subject of such an action complies with the requirements of $227.72) has the burden of aaa ar ra: parngraph (eis revised : 77, paragraph (eis revi toad es follows: $277.72 Exceptions to pronibtlons. (e1 Exception for incidental toking— (1) General. The prohibitions against taking in §227-74(a) do not apply tothe incidental take of any member of any Species of va turtle listed in § 227.4 (rece take not directed toward such member) during fishing or seientiic research activities to the extent that {hove involved are in compliance with the quirements of paragraphs (e(), }. el(}, and (eM) ef this section. {id Any specimen so taken must be handled with due care to prevent injury to live specimens, observed for activity. land returned tothe water according to the following procedures: (A) Sea tures that are dead or actively moving must be released over the star of the boat. In addition, they aust be released only when trawis are not in use, when the engine peers ee : neutral position, and in areas where ‘they are unlikaly tobe recaptured or snjured by vessas. (B) Resuscitation must be attempted con seeturtles that are comatose or inactive but not dead by: (lz) Placing the warn it ack (carapace ing its breastplate aston) wih band oroot oF (2) Placing the turtle on its breastplate (plastron) and elevating its bindqueret ‘several inches fora period of 1 up to 24 hours. The amount ofthe elevation depends on the siza of the turtle: grester ‘levations are needed for larger turtes ‘Sea turtles being resuscitated must be shaded and kept wet or moist. Thowe that revive and become active must be released ovar the stern of the boat only ‘when travis are notin use, whan the engine gears ars in neutral position, arc in areas where they are unlikely to be within ‘hours (up to 24. if possible) must be returned to the water {in the same manner. Gi) Any specimen so taken must not ‘be consumed, sold, landed, offloaded. ‘ransshipped, or kept below deck. (2) Gear requirements —{i) TED requirement. ‘ts provided in ‘paragraph (0}(2)ti) ofthis section. any ‘Shrimp trawler that is in the Atlantic. ‘Aree of Gulf Area must have an ‘approved TED (as defined in § 217.12 of ‘this subchapter) installed in each net that is rigged for fishing. A net is riggea for fishing if itis in the water, or ifit is shackled, tied, or otherwise ‘connected to any trawl door or board. or to any tow rope, cable, pole or ‘extension, either on board or atached in ‘any manner to the shrimp trawler (ii) Exemptions from the TED requirement. (A) A shrimp trawler is ‘exempt from the TED requirements of ‘paragraph (el(2)i) of this section if it ‘Complies with the alternative tow-time restrictions in paragraph (e)(3\() of this section and ifit: (2) Has aa board no power or mechanical-advantage trawl retrieval system (i... any device used to haul a part of the net aboard): (2) Isa bait shrimper that retains all live shrimp on board in a container with a circulating vuwatar sytem ft dont ‘not possess more than 32 pounds (14.5, kg) of dead shrimp on boerd. and if t has on board a valid original sate bait- ‘shrimp licanse (if in a state that requires such « license; (3) Has only a pusher-bead travel, ‘skimmer trawl, of wing net rigged for fishing: Federal Register / Vol. 57, No. 234 / Friday, December 4, 1092 / Rules and Regulations _ 57352 ein an aree during period for —_(if) Subetitute—ineffectivenees of trawler into the area where and during vehich wwe rnricdenswpply under TED. The Astin Administer ey oe ons whan te rstcuons ert paragraphs (0) 3() or (i) of require compliance with tow-time, vi) Procedures. The Aasisiant fection, if i complies with all seeiclens, os subtint frthe TED. Adminitetr will one with the requirement of peregreph (02K fishery officials (state or operas ‘sie, Tata dato tt TDs Fen woe acd sp 7 in are inefiective: eee turtle. fabary ts loceted A afin moar 2,200, 4 = inact : ee eT Bienen poauetaidees offshore waters fi is TaeetC mye SERS mundpeimiie ingoenter ifither bo merethan ection in the Federal and will Aseiatact ‘Ends thatthe ne net rigged for fahing other than a sanownce it in summery form on, Conditions thet necessitated the est (or ay) pet), fet netbas both a channel 16 of the marine VHF radio. A fof wow case estictions beadrope length of less than 35 feet notification of tow-time restrictions will continue to exist. The Ascistent (10.7 m) and a footrope length of les ‘include findings in eapport af these = Administrator may invite comments on than 44 feet (13.4 m), reerrictions es an alternative to, ores uch an action, end may withdrew or 1B) Toe following Sshing gear or ‘substitute for the TED requirements cf he ection by’ activities are exempted from the TED (N20) ef this section. The similar to those for requirements of paregreph (e)2)i) of ‘will specity the effective ‘The Aseistant the section: dates, the ea where tow ‘ill implement ay (1) A single test not (try nat) with hheadrope length of 20 fest (8.2 m) or leas, i fis eltber pulled ta front of another net oF is nat connected ‘to another net in any way, ifn0 more than ane test pet is used ate time, and {fits not towed as a primary net; (2) A beam or roller traw! fisbed without doors, boards, or similar devices, that has « mouth formed by a rigid frame and rigid vertical bars if ‘none of the spaces between the bars. or between the bers and the frame, exceed ‘4 inches (10.2 cm: and (3) A shrimp trawler fishing for, or easing royal ed shrimp, et at 90 percent (by weight) of all shrims ‘either found an board, er offloeded from that shrimp trawler. is royal red shrimp. (3) Tow-time restrictions —{i) eration of tows. I tow-time restrictions 0 utilized pursuant to paragraphs {120i (e3)i), or (o)(3NH) of this section, a sbrimp trawler must limit tow times to no more than 55 minutes from April 1 through October $1, and to no ‘more than 75 minutes from November 1 ‘through Merch 31. The tow tie is ‘meesured from the time that the trew! door enters the water until it is removed from the water. For a trawl net that is ‘not attached to a door, the tow time is ‘measured from the time the codend ‘enters the water until itis removed from te water. (i) Altemative—special environmental conditions. Tbe Assistant ‘Administrator mey allow compliance with tow-time restrictions, as an alternative to the TED requirement of parepep (02) of hs sacton, fhe Fe determines that the presanes of ‘lgee, seaweed, debris or other special ‘enviranmental conditions in « particular ‘area makes trewling with TED-equipped nets impracticable. 0a turtles and ensure focluding but not Untied toe requirement to carry observers, or shrimp trawlers in the area to their tow times so that all tow-time restrictions will etude ndings appr of ht “ (W) fssatration 3! tbe Assistant Adminsoator ‘restrictions ‘under paregraph (o(3) (or (i) of this section, babe may require the owner td operstor ola shrtnp ter to register before entering an area where, And during the Lime when, the restrictions apply, If registration is the Unies owner ed operator must eubralt Berman be ME Repo 1A) The name and official number (or registration number) ofthe abrimp tawler: "B) The names, mailing and street addresses, end telephone numbers of the uyisler owner end operator {C) The permit number or ter {identification of relevant sate cr Feder! Sahine peri ©) Where a. when the trawler inteoda to Bab: 1) Where and when the trawler will ‘fishing ith salient spect low for an ‘eppropriste to protect sre necessary or srepistratin, {ny rubsequent entry ofthe shrimp ‘with minimum dimensions as follows: (2) Solid steel rod with « minimum ‘outaide diameter of vs inch (0.64 cm): (2) Fiberglass or aluminum rod with minimum outside diameter of ¥s inch (1.27 cm): or 13) Stee! or aluminum tubing with a ‘maximum inside diameter of Ye inch (0.64 cm) and « minimum outside diameter of ¥+ inch (1.27 cm) (schedule 30° and 80° from the normal, horizontal 2D) Spas between brs The spac between daflectar bar, end between the dallector bars and the frame, must not raged «inches (102 em) (Direction of bars. Te defector ‘bars must run from top to bottom of the 87356 Federal Register / Vol. 57, No. 234 / Friday, Decamber 4. 1992 / Rules and Regulations ‘TED, as the TED is positioned in the net, except that up to four ofthe bottom bars aand two of the top bers, the frre ray run om sit ide ofthe IF Position of escape opening. The entire width ofthe excape opentag fom the trawl must be centered on. Immediately forward of the fame at ‘either the top or bottom of the net when Sheet ins dployed oat The ‘escape opening must beat the top of the ‘net when the slope of the deflector bars from forward to aft is upward, and must See tom when ch lope wawers. For a single-grid TED, the secape opening mus be eut borizontally tioag toe seme plane asthe TED. and feayot be cut ne forwandeah “OS of ing (2100 222 of escape opening (1) On & hard TED. the escape opening must not be smaller than 25 inches by Be inches (63. em by €3.5 cm) in the Gulf Are, or 30 inches by 30 inches (76.2 cm by 76.2 cm) in the Atlantic fru Goor fume is used over the escape opening. t must open a minimum beight of 10 inches (25.4 cm) in the Gulf Area, or 12 inches (30.5 cm) teva singled bard TED. the mecigiept . estape opening ia the net webbing must foentar las 32 inches (83.3 on bonzontal taut length and, Svuttaneouny, 10 inches (25.4 cx in ‘erucal tut eight in the Gulf Are: or 25 utches (68.9 cm) in horizontal taut iengih en, simultaneously, 12 inches (3085 em vertical tut eight in the Seren. The vertical mearurement thus be taken atte muerpoint of be orontal measurement. (H) Size of hoop or grid. (1) Hooped har TED.() An oval front hoop on herd TED must have an inside Dorjzontal measurement ofe least 32 inches (01.3 cm) and an inside verial tmeasureeent oft las 20 inch (30.3 tin) in te Gulf Ars, of aa inwige orznatal meesurerpen of at loest 25 thee (8.9 cm) and an inside verucal tmeaecroment oat least 30 inches (76.2 Sain te Aanic Ara Fi iid A ercular Boct Boop om « hard ‘TED ust have an inside Geter of Ines 3 ches (21.3 cm) in the Gulf Area or 35 inches (88.9 cm) in the ‘Msi Aree (al Sialegrid hard TED. A single gr hare TED must have an inde Sorzcotal and vera! measurement of finest 28 incbee (71-1 ez} inthe Gull ‘Aro or 30 inches (762 em) inthe ‘Allens Aron Tos required insie ‘ocsurpnents ust be a tbe mid-point mt deflector with det 'SoR TEDs are TEDs panels made from ane or polyathylene| lowing sot TEDe ar 0 Tbe A} Momson TED gun 5 &@)-The Morrison TED uses eystbtle mesh ‘robbing forts delecor penal). The be cont ofan 2 tim thik) oF lypropyleae ot Pern ening tea ted or braided. The stretched mesh sige may not exceed 8 inches (20.3 cal ‘The webbing may be inralled either ex Goa main excluder penal ores ¢ main, bd tro aide GID excluder panels (Fiza 2 ong sa comple ior to iage objects inde the reve Tey edge of in eeclear penal) (lading odie) of faust bs so tothe botiom body of the Taw net at last 16 foot 8 inches (5.1 nt at which the to the vel nat. The panel sewn evenly ‘onto the bottom belly of the trae! {following the same row of meshes from seam to seam, including the wings (Le., the sides of the trw! that separate the tap eon the bot) The lading eden ofthe panel cannot be installed on « Dias. te net extension is: forward of the codend, the base and apex attachments of the excluder I's) must be measured from the Entward attachment points of such ‘extension. Tha horizontal taut length of the stretched main excluder panel may not be less than 15 feet (4.6 ra). Each point on the circumference of the webbing must be sewn to the trawl net. ‘The meshes of the webbing must be ‘under tasion when the codand is pulled af. thus forming diamon urs potsing toward the tp of te Eavel net As an escape openi i atleast 4 foot 8 inches (1.4 m) in Tongth must be cut in a fore-and-aft direction at the top of the val net immediately forward of the apex ofthe ‘panel webbing. The slit may not be Covered or closed in any manner. (o) Parrish TED (Figure 7). The Parrish TED consists of an extension and deflector panel made of synthetic meth and a steel frame. The extension ‘must bea piece of 1¥wrinch (44-cmn) ‘retched mesh, no. 15 thread, treated nylon, measuring 150 meshes by 100 ‘Meshes and installed in the trawl. When installed the extension must be cylindrically shaped with Ciroumferance of 150 meshes and & epth of 100 meshes. The deflector panel must slope down the inside of the ‘exnsion and must be a rectangular piece of -inch (20.3-cmn), stretched ‘mesh, 3mm diameter, braided polyethylene. The defiector panel mus: ‘eesure eight mesbes across its leading ‘and traling edges and be 15%: meshes ser. Te gh mace te bing f panel must be ‘wn into the small (i¥einch) (44cm) ‘ach of the extension three meshes down from the top edge ofthe ‘extension, The sight meshes atthe teling wie must be tached tothe top tga ft re Each sido eign of tbe pabal must be atiached at Ss- {inch (14.3-em) intervals to erinch (12-em) diameter, threretrand | olydacron rope. which must ‘Erached to the small mesh of the ‘exansion at SMrinch (143-cm) {marvals. Tbe deflector penel must form ‘complete barrier to large objects inside the extension forward of the frame. The ‘frame must be a rectangular, winch (Q.0-cm) diameter, welded galvanized ‘reel rod unit with a 40-inch by 4-inch (201.6-

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