[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Notices]
[Page 30627-30631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-36]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 043004B]
Sea Turtle Conservation; Activities Related to Fishing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: The National Marine Fisheries Service (NMFS) announces the
availability of a draft information framework and draft criteria for
evaluating gear with regard to the Strategy for Sea Turtle Conservation
and Recovery in Relation to Atlantic Ocean and Gulf of Mexico Fisheries
(Strategy). The Strategy is a plan to analyze sea turtle bycatch across
gear types because certain types of gear are more prone to capturing
turtles than others, depending on the way the gear is fished and the
time and area within which it is fished. The information framework and
evaluation criteria will lay the foundation for actions under the
Strategy and the development of conservation measures.
DATES: Written comments on the information framework and evaluation
criteria provided within this notice, or other information that NMFS
should consider, are requested on or before June 28, 2004.
ADDRESSES: Comments should be sent to: Chief, Endangered Species
Division, Office of Protected Resources, NMFS 1315 East-West Highway,
Silver Spring, MD 20910. Comments may also be sent via fax to 301-713-
0376. Comments on this notice may be submitted by e-mail. The mailbox
address for providing e-mail comments on this action is
PR3.Strategy@noaa.gov Include in the subject line of the e-mail comment
the following document identifier: 043004. Comments sent via e-mail,
including all attachments, must not exceed a 10-megabyte file size.
References used in this document may be obtained by
[[Page 30628]]
writing to this address or by telephoning the contact listed here (See
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Barbara A. Schroeder (ph. 301-713-
1401, fax 301-713-0376, e-mail Barbara.Schroeder@noaa.gov).
SUPPLEMENTARY INFORMATION:
Background
All sea turtles that occur in U.S. waters are listed as either
endangered or threatened under the Endangered Species Act (ESA). The
Kemp's ridley (Lepidochelys kempii), leatherback (Dermochelys
coriacea), and hawksbill (Eretmochelys imbricata) are listed as
endangered. Loggerhead (Caretta caretta), olive ridley (Lepidochelys
olivacea) and green (Chelonia mydas) turtles are listed as threatened,
except for Mexican breeding olive ridleys and populations of green
turtles in Florida and on the Pacific coast of Mexico, which are listed
as endangered.
Under the ESA and its implementing regulations, taking sea turtles-
-even incidentally--is prohibited, with exceptions identified in 50 CFR
223.206. Reduction of the incidental capture of sea turtles as a result
of fishery operations has been identified as a priority task in all
(ESA) sea turtle recovery plans for the Atlantic, Gulf of Mexico, and
Caribbean.
On July 31, 2001, NMFS announced its intent to prepare an EIS to
assess the potential impacts on the human environment of sea turtle
interactions with fishing activities in the Atlantic and Gulf of Mexico
as specified under the Strategy (66 FR 39474). NMFS received 10
comments on the Strategy.
Most commenters expressed support for the Strategy and asked to be
included in the process. They felt that a gear-based approach to
reducing sea turtle interactions in fisheries would address the issue
of cumulative impacts resulting from various fisheries. However, four
main areas of concern were expressed and are responded to below.
Comment 1: Several commenters felt the Strategy should include the
Pacific and Caribbean fisheries.
Response: NMFS agrees that sea turtle interactions with fisheries
in these regions are also of significant concern. However, given
limited staff and funding resources, NMFS felt that focusing on the
diverse fisheries operating in the Atlantic and Gulf of Mexico area was
an appropriate first step to evaluating the efficacy of a gear-based
approach. NMFS also felt that many of the priority fisheries in the
Pacific, such as longline and drift gillnets, were being addressed
through the ESA and Magnuson Stevens Fishery and Conservation Act
(Magnuson-Stevens Act) regulations (66 FR 44549, August 24, 2001; 68 FR
69962, December 16, 2003; 69 FR 11540, March 11, 2004; 69 FR 17329,
April 2, 2004). In addition, the State of Hawaii developed a
conservation plan and submitted an application for an ESA section
10(a)(1)(B) incidental take permit that will address sea turtle
interactions in their managed fisheries (67 FR 31172, May 9, 2002).
NMFS will continue to use its authority to address interactions
with sea turtles in the Pacific and Carribean fisheries not identified
in the Strategy.
Comment 2: Several commenters felt that non-fishery impacts should
be evaluated and included in the Strategy or similar strategies should
be prepared for these threats.
Response: NMFS attempts to consider all of the impacts to sea
turtles cumulatively and to reduce threats from all known sources.
Threats from non-fishery sources are identified in the joint NMFS and
U.S. Fish and Wildlife Service (USFWS) ESA recovery plans completed for
listed sea turtles occurring in the Atlantic and Gulf of Mexico. These
recovery plans describe threats from all sources and prioritize
conservation measures to remove or reduce such threats. As such, NMFS
and USFWS work with other Federal agencies, states, private individuals
and other entities to minimize the impacts to sea turtles from non-
fishery activities (e.g., nesting habitat degradation, marine debris,
dredging, power plant impingement). Nevertheless, fishing activities
have been recognized as one of the most significant threats to sea
turtle survival (Magnuson et al., 1990, Turtle Expert Working Group
2000). To respond to these threats, NMFS necessarily limited the
Strategy to a comprehensive evaluation of the impacts of fishing gear
types on sea turtles throughout the U.S. Atlantic Ocean and Gulf of
Mexico.
Comment 3: Several commenters identified fishery actions that
should be considered as a priority under the Strategy. These actions
included implementing larger Turtle Excluder Devices (TEDs) in trawl
fisheries, restricting leaders in the Chesapeake Bay pound net fishery,
prohibiting large mesh gillnets and placing observers on Mid-Atlantic
gillnet fisheries, and considering fishery closures to adequately
address incidental take of sea turtles.
Response: NMFS has addressed several of the high priority fisheries
identified. In 2003, NMFS issued a rule requiring larger TEDs in shrimp
trawls(68 FR 8456) and a rule prohibiting gillnets greater than 8-
inch(20.32-cm) stretched mesh in the Mid-Atlantic (67 FR 71895). In
2002, NMFS issued rules prohibiting the use of gillnets with a
stretched mesh greater than 4.25 inches (10.80 cm) in Pamlico Sound (67
FR 56913) and prohibiting pound net leaders with mesh size greater than
12-inches (30.48-cm) stretched mesh and stringers in the Chesapeake Bay
(67 FR 41196). In addition, NMFS has an active program for observing
mid-Atlantic gillnets with approximately 800 sea-days conducted each
year.
Comment 4: Several commenters expressed concern that the notice of
intent to prepare an EIS lacked specific information on what actions
were being proposed.
Response: NMFS agrees that the 2001 notice of intent to prepare an
EIS (66 FR 39474) lacked specific information on what actions may be
proposed. The 2001 notice was to provide the public with an opportunity
to comment on the Strategy and to alert them that an EIS would be
prepared for any decision making with regard to proposed actions to
reduce sea turtle interactions in fisheries. In order to begin
identifying various alternatives to be considered through an EIS, NMFS
must gather and evaluate comprehensive information on gear types,
fisheries practices, sea turtle bycatch, and existing management
regulations. To that end, NMFS has prepared a draft information
framework relevant to the Strategy and developed draft criteria for
evaluating gear types under the Strategy.
Draft information framework and draft criteria for evaluating gear
and fisheries
The purpose of this notice is to alert the interested public of the
continuation of the Strategy scoping process and to allow the public an
opportunity to review and comment on the information framework (Tables
1 and 2) and evaluation criteria. These three tables are designed to
complement each other and provide the framework for a comprehensive
evaluation of recreational and commercial fisheries in the Atlantic
Ocean and Gulf of Mexico and their effects on sea turtles. NMFS is
taking a stepped approach to implementing the Strategy, beginning with
compiling and organizing information to characterize fisheries and sea
turtle bycatch across gear types.
Table 1 provides a comprehensive list of gears used in the Atlantic
Ocean and Gulf of Mexico in both state and Federal waters and
commercial and recreational fisheries. Gear types are provided at the
category, gear, and sub-gear levels to
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provide refinement in determining gear interactions with sea turtles.
NMFS recognizes that gear may be more or less likely to interact with
sea turtles depending on the way it is fished and the target species,
so information on gear will be organized and evaluated at the most
detailed level possible. When making comments on Table 1, please
consider the following questions: Are all gear types used in the
Atlantic Ocean and Gulf of Mexico represented in this table? Is this
the best way to represent the gear categories? Would another approach
be better?
Table 1 - List of gears used in the Atlantic Ocean and Gulf of Mexico Fisheries.
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Category Gear Sub-Gear
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Trawls....................................... Beam Trawls Beam Trawls, Fish
............................ Beam Trawls, Other - Shrimp,
chopsticks
Otter Trawls Otter Trawl Bottom, Crab
............................ Otter Trawl Bottom, Fish
............................ Otter Trawl Bottom, Lobster
............................ Otter Trawl Bottom, Scallop
............................ Otter Trawl Bottom, Shrimp
............................ Otter Trawl Bottom, Other
............................ Otter Trawl Midwater Butterfly Nets
Other Trawls Trawl, Clam Kicking
............................ Trawl Midwater, Paired
............................ Trawl Bottom, Paired
............................ Trawl, Roller
............................ Trawl, Roller Frame
............................ Trawl, Skimmer
............................ Scottish Seine
............................ Butterfly Nets
............................ Danish Seine
............................ Whelk Trawls
............................ Jellyfish Trawls
............................ Fly Net
Seines....................................... Haul Seines ...................................
Other Seines Stop Seine
............................ Common Seine
............................ Swipe Seine
............................ Long Haul Seine
Purse Seines................................. Purse Seine Purse Seine, Tarp
Lam...................................
Gillnets..................................... Gillnets Gillnets, Floating Drift
............................ Gillnets, Sink Drift
............................ Gillnets, Floating Anchor
............................ Gillnets, Sink Anchor
............................ Gillnets, Runaround
............................ Gillnets, Stake
............................ Gillnets, other
Trammel Nets Trammel Nets, Floating Drift
............................ Trammel Nets, Sink Drift
............................ Trammel Nets, Floating Anchor
............................ Trammel Nets, Sink Anchor
............................ Trammel Nets, Runaround
............................ Trammel Nets, Other
Pots and Traps............................... Pots and Traps Pots and Traps, Conch
............................ Pots and Traps, Blue Crab
............................ Pots and Traps, Crab, Peeler
............................ Pots and Traps, Crayfish
............................ Pots and Traps, Eel
............................ Pots and Traps, Fish
............................ Pots and Traps, Spiny Lobster
............................ Pots and Traps, Octopus
............................ Pots and Traps, Periwinkle or
Conkle
............................ Pots and Traps, Shrimp
............................ Pots and Traps, Turtle
............................ Pots and Traps, Stone Crab
............................ Pots and Traps, Scup
............................ Pots and Traps, Black Sea Bass
............................ Pots and Traps, Reef Fish
............................ Pots and Traps, Hagfish
............................ Pots and Traps, Golden Crab
............................ Pots and Traps, Puffer
Pots & Traps, Lobster Pots and Traps, Lobster Inshore
............................ Pots and Traps, Lobster Offshore
............................ Pots and Traps, Lobster Double
Parlor
Pots & Traps, Other Pots, Unclassified
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............................ Box Traps
............................ Wire Baskets
............................ Slat Traps (Virginia)
Dredge....................................... Dredge Dredge, Hydraulic, Clam
............................ Dredge, Hydraulic Escalator, Clam
............................ Dredge, Clam
............................ Dredge, New Bedford/ Sea Scallop
............................ Dredge, Digby
............................ Dredge, inshore/bay
............................ Dredge, Oyster
Fixed Nets................................... Pound Nets ...................................
Fyke Nets ...................................
Fixed Nets, Other Weirs
............................ Trap Nets
............................ Floating Traps (Shallow)
............................ Bag Nets
............................ Channel Nets
............................ Stop Nets
Hand Nets.................................... Dip Nets Cast Nets
............................ Bully Nets
............................ Snares
Longlines.................................... Longlines Longlines, Vertical
............................ Longlines, Surface
............................ Longlines, Bottom
............................ Longlines, Surface, Midwater
............................ Longlines, Trot
............................ Longlines, Turtle Hooks
............................ Longlines, Drift with Hooks
Hook and Line................................ Hook and Line Hook and Line, Manual
............................ Hook and Line, Electric
............................ Electric/Hydraulic, Bandit Reels
Troll Lines Troll Line, Manual
............................ Troll Line, Electric
............................ Troll Line, Hydraulic
Hand Line.................................... Hand Line Troll and Hand Lines
............................ Hand Lines, Auto Jig
Rakes, Hoes, and Tongs....................... ............................ ...................................
Spears and Gigs.............................. ............................ ...................................
By Hand...................................... ............................ ...................................
Other Gears.................................. Other Gears Unspecified Gear
............................ Combined Gears
............................ Chemical
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Table 2 is a fisheries characterization, bycatch, and regulations
information framework and outlines the type of information that will be
compiled at the sub-gear level or gear level for each gear type used in
each fishery. This approach will aid in evaluating the impact of
fisheries, by gear types, on sea turtles. When commenting on Table 2,
please consider the following questions: Is there additional
information that should be considered to better understand gear
interactions with sea turtles? Is this list too detailed and, if so,
what should be deleted and why? Is evaluating impacts across gear types
the best way to analyze bycatch impacts on sea turtles?
Table 2 - Fisheries characterization, bycatch, and regulations information framework
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Category Information
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Fishery characterization (across gear types)............... Is this gear type used in state or Federal waters, or both?
What is the geographic scope of this fishery?
Is there a management plan in place? What is the name of the management plan?
Are there permit requirements in this fishery and, if so, what are they?
How many people hold a permit to participate in this fishery?
How many permitted vessels are in this fishery?
How many active vessels are in this fishery?
What is the level of this gear use by vessels in this fishery (e.g., number of pots or
pound nets)?
What are the landings in this fishery?
Which areas have the highest levels of landings?
What is the effort in this fishery (e.g., days at sea or number of trips per month)?
Which areas have the highest effort?
When does this fishery occur, i.e., time of year?
What is the peak season or months for this fishery?
[[Page 30631]]
Is there a particular time of day that this fishery is prosecuted?
How is the gear used in fishing (e.g., the range and average soak times, the depth the net
is set for fishing)?
What are the specifics of the gear used in this fishery (e.g., mesh size, pot
configuration)?
Bycatch.................................................... Has this gear type, within this fishery, been observed for sea turtle bycatch?
How many trips have been observed (e.g., what percentage of the total number of trips have
been observed)?
During which seasons or months and years have vessels in this fishery been observed?
Has sea turtle bycatch been documented?
If yes, which species?
What are the observed lethal and non-lethal takes by season/month and year of observer
coverage?
Is there an estimation of lethal and non-lethal takes for this fishery? What is the
coefficient of variation of the estimation?
Regulations................................................ Are there regulations under the Endangered Species Act for sea turtles that apply to this
fishery?
Are there regulations under the Marine Mammal Protection Act that apply to this fishery
that may affect sea turtles?
Are there regulations under the Magnuson-Stevens Act that apply to this fishery that may
affect sea turtles?
Are there state regulations that apply to this fishery that may affect sea turtles?
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The following lists criteria for evaluating gear types based upon
documented or expected impact to sea turtles. These criteria will be
applied to the information collected in table 2 to evaluate which
fisheries or gear are of greatest concern and need to be considered
first in actions under the Strategy. When commenting on the criteria
list, please consider the following questions: Are the criteria
appropriate for evaluating gear types relative to sea turtle bycatch?
Would another approach be better? Are the criteria clear and objective?
What other information should be added to improve this evaluation
criteria?
Criteria for evaluating gear types
Characteristics of gear types that would be considered first priority
relative to evaluating sea turtle bycatch:
Widespread use of gear in areas with sea turtles
Known/documented gear interactions with sea turtles are
frequent
Expected gear interactions with sea turtles are frequent
Known/documented rate of sea turtle mortalities from gear
interactions are high
Expected rate of sea turtle mortalities from gear
interactions are high
Lack of effective management measures that benefit sea
turtles
Characteristics of gear types that would be considered second priority
relative to evaluating sea turtle bycatch:
Moderate use of gear in areas with sea turtles
Known/documented gear interactions with sea turtles are
moderate in frequency
Expected gear interactions with sea turtles are moderate in
frequency
Known/documented rate of sea turtle mortalities from gear
interactions are moderate
Expected rate of sea turtle mortalities from gear
interactions are moderate
Lack of effective management measures for sea turtles
Characteristics of gear types that would be considered third priority
relative to evaluating sea turtle bycatch:
Minimal use of gear in areas with sea turtles
Known/documented gear interactions with sea turtles are
rare
Expected gear interactions with sea turtles are rare
Known/documented rate of sea turtle mortalities from gear
interactions are low
Expected rate of sea turtle mortalities from gear
interactions are low
Effective management measures for sea turtles are in place
NMFS is continuing to seek input from the fishing industry, sea
turtle experts, non-governmental organizations, academia, state
representatives, and the public on a strategic approach to evaluate and
reduce sea turtle interactions in the Atlantic Ocean and Gulf of Mexico
fisheries. NMFS is requesting comments on the draft information
framework and draft evaluation criteria and is seeking recommendations
for additional analysis. Public involvement is critical to the
successful implementation of the Strategy goals and will be sought in
the development of conservation measures. Public meetings will be
announced in a subsequent Federal Register notice and draft documents
will be made available to the public for comment.
Dated: May 21, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 04-12169 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-22-S