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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations time the codend is emptied of catch on deck. These tow time limits are designed to minimize the level of mortality of sea turtles that are captured by trawl nets not equipped with TEDs.

a door, the tow time begins at the time the codend enters the water and ends at the time the codend is emptied of catch on deck.

Recent Events
NMFS encourages shrimp trawlers in the affected areas to continue to use TEDs if they can do so effectively, even though they are authorized under this action to use restricted tow times.
NMFS gear experts have provided several general operational recommendations to fishers to maximize the debris exclusion ability of TEDs that may allow some fishers to continue using TEDs without resorting to restricted tow times. To exclude debris, NMFS recommends the use of hard TEDs made of either solid rod or of hollow pipe that incorporate a bent angle at the escape opening, in a bottom-opening configuration. In addition, the installation angle of a hard TED in the trawl extension is an important performance element in excluding debris from the trawl. High installation angles can trap debris either on or in front of the bars of the TED;
NMFS recommends an installation angle of 45, relative to the normal horizontal flow of water through the trawl, to optimize the TEDs ability to exclude turtles and debris. Furthermore, the use of accelerator funnels, which are allowable modifications to hard TEDs, is not recommended in areas with heavy amounts of debris or vegetation. Lastly, the webbing flap that is usually installed to cover the turtle escape opening may be modified to help exclude debris quickly: The webbing flap can either be cut horizontally to shorten it so that it does not overlap the frame of the TED or be slit in a fore-andaft direction to facilitate the exclusion of debris. The use of the double cover flap TED will also aid in debris exclusion.
All of these recommendations represent legal configurations of TEDs for shrimpers fishing in the affected areas. This action does not authorize any other departure from the TED
requirements, including any illegal modifications to TEDs. In particular, if TEDs are installed in trawl nets, they may not be sewn shut.

On September 21, 2021, we received a request from the Louisiana Department of Wildlife and Fisheries LDWF to allow the use of tow times as an alternative to turtle excluder devices TEDs because of excessive stormrelated debris on the fishing grounds due to Hurricane Ida. We subsequently issue a temporary rule allowing tow times as an alternative to TEDs in Louisiana waters bounded by 9123
West longitude i.e., where the COLREGS demarcation line intersects the ship channel coming out of the Atchafalaya River, eastward to the Louisiana/Mississippi border, and seaward out 3 nautical miles 5.6
kilometers 86 FR 61712, November 8, 2021. This authorization runs from November 5, 2021, through December 6, 2021. On November 17, 2021, we received a request from LDWF
requesting a 30 day extension of the authorization December 7, 2021
January 5, 2022 for the same areas because of the continued presence of storm related debris in the area.
Continuing investigation by the Southeast Fisheries Science Center, Pascagoula Lab, Gear Monitoring Team has documented that debris is still affecting fishermens ability to use TEDs effectively within the area bounded by 9123 West longitude i.e., where the COLREGS demarcation line intersects the ship channel coming out of the Atchafalaya River, eastward to the Louisiana/Mississippi border, and seaward out 3 nautical miles.

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Special Environmental Conditions The AA finds that debris washed into hurricane-affected Louisiana state waters has created special environmental conditions that make trawling with TED-equipped nets impracticable. Therefore, the AA issues this notification to authorize the use of restricted tow times as an alternative to the use of TEDs in specific Louisiana state waters from 9123 West longitude eastward to the Louisiana/Mississippi border, and seaward out 3 nautical miles 5.6 kilometers. Tow times must be limited to no more than 55 minutes until October 31, and no more than 75
minutes thereafter, as measured from the time that the trawl doors enter the water until they are removed from the water. For a trawl that is not attached to
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Continued Use of TEDs
Alternative to Required Use of TEDs The authorization provided by this rule applies to all shrimp trawlers that would otherwise be required to use TEDs in accordance with the requirements of 50 CFR 223.206d2
who are operating in hurricane-affected Louisiana state waters i.e., from 9123
West longitude eastward to the
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Louisiana/Mississippi border, and seaward out 3 nautical miles 5.6
kilometers for a period of 30 days.
Through this temporary rule, shrimp trawlers may choose either restricted tow times or TEDs to comply with the sea turtle conservation regulations, as prescribed above.
Alternative to Required Use of TEDs;
Termination The AA, at any time, may withdraw or modify this temporary authorization to use tow time restrictions in lieu of TEDs through publication of a notification in the Federal Register, if necessary to ensure adequate protection of endangered and threatened sea turtles. Under this procedure, the AA
may modify the affected area or impose any necessary additional or more stringent measures, including more restrictive tow times, synchronized tow times, or withdrawal of the authorization if the AA determines that the alternative authorized by this rule is not sufficiently protecting turtles or no longer needed. The AA may also terminate this authorization if information from enforcement, state authorities, or NMFS indicates compliance cannot be monitored effectively. This authorization will expire automatically on January 5, 2022, unless it is explicitly extended through another notification published in the Federal Register.
Classification This action has been determined to be not significant for purposes of Executive Order 12866.
The AA has determined that this action is necessary to respond to an environmental situation to allow more efficient fishing for shrimp, while providing effective protection for endangered and threatened sea turtles pursuant to the ESA and applicable regulations.
Pursuant to 5 U.S.C. 553bB, the AA
finds that there is good cause to waive prior notice and opportunity to comment on this rule. The AA finds that unusually high amounts of debris are creating special environmental conditions that make trawling with TED-equipped nets impracticable. Prior notice and opportunity to comment are impracticable and contrary to the public interest in this instance because providing notice and comment would prevent the agency from providing the affected industry relief from the effects of Hurricane Ida in a timely manner, while continuing to provide effective protection for sea turtles.

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