Fisheries-Related Mortality and Turtle Excluder Devices (TEDs)
343
for Marine Conservation, 1995). They were particularly concerned about the
plight of the Kemp’s ridley, Lepidochelys kempii , which nests only in the western
Gulf of Mexico. In the late 1940s, nests were estimated to be in the tens of
thousands annually (Hildebrand, 1963), but by 1985 the annual number of nests
had dropped below 800 (Márquez-M et al., 1989). The Council did not act to
require TEDs.
Later in 1986 NMFS informally proposed TED regulations, but because the
proposal exempted trawlers in particular areas of concern, the Center for Environmental Education (later the Center for Marine Conservation) notified the
Department of Commerce of their intent to sue to protect sea turtles under the
Endangered Species Act. Mediation meetings ensued, involving NMFS, nongovernmental organizations, and industry. When negotiations ended without agreement, NMFS drafted regulations and published a proposed rule to phase in TEDs
in ocean areas seasonally over the next several years (Department of Commerce,
1987a). Public hearings on the proposed regulations began in early 1987 and by
summer NMFS published final regulations (Department of Commerce, 1987b).
TED opponents effectively delayed full implementation of TED regulations until
1990 by appealing to federal courts in Texas, Louisiana, and North Carolina, and
to Congress. Invariably the courts eventually ruled in NMFS’ favor. The U.S.
Congress and the incumbent administration were more receptive to indusry complaints, at times ordering TED regulations or the enforcement thereof suspended.
During this period, some individual states, such as South Carolina, Georgia, and
Florida, promulgated regulations implementing TEDs in their territorial waters;
sometimes these regulations also were challenged in state courts. By October
1989, however, the TED regulations were in force, but because the regulations
were seasonal, they were not yet in effect in all areas.
Just as these regulations finally were implemented fully, the National Research
Council’s study team’s report was published, conclusively supporting the need to
reduce mortality by shrimp trawls (Magnuson et al., 1990). Furthermore, the study
team recommended that TEDs be used in bottom trawls at most places and at most
times of the year, from Cape Hatteras to the U.S.–Mexico border. Newly implemented federal regulations required TEDs seasonally and were limited to ocean
trawlers. Trawlers in inshore waters were permitted to restrict tow times in lieu
of using TEDs. By 1992, armed with the study team report, with evidence of
significant use of inshore waters by turtles (Epperly et al., 1995a), and with the
knowledge that trawlers working in inshore waters capture sea turtles (NMFS*),
NMFS expanded the regulations, phasing them in over a 2-year period (Department
of Commerce, 1992b). TEDs were now required in shrimp trawls throughout the
year in all areas south of Cape Hatteras. Thus, by December 1994, with few
exceptions, all shrimp trawlers in inshore and offshore waters were required to
use TEDs in their nets at all times. Except for this major change, most other
modifications of the regulations since 1987 have addressed technical design details
and certification protocols.
* National Marine Fisheries Service. Unpublished data. Galveston Laboratory, 4700 Avenue U,
Galveston, TX 77551.
1123 book.book Page 343 Thursday, November 14, 2002 11:50 AM
343
for Marine Conservation, 1995). They were particularly concerned about the
plight of the Kemp’s ridley, Lepidochelys kempii , which nests only in the western
Gulf of Mexico. In the late 1940s, nests were estimated to be in the tens of
thousands annually (Hildebrand, 1963), but by 1985 the annual number of nests
had dropped below 800 (Márquez-M et al., 1989). The Council did not act to
require TEDs.
Later in 1986 NMFS informally proposed TED regulations, but because the
proposal exempted trawlers in particular areas of concern, the Center for Environmental Education (later the Center for Marine Conservation) notified the
Department of Commerce of their intent to sue to protect sea turtles under the
Endangered Species Act. Mediation meetings ensued, involving NMFS, nongovernmental organizations, and industry. When negotiations ended without agreement, NMFS drafted regulations and published a proposed rule to phase in TEDs
in ocean areas seasonally over the next several years (Department of Commerce,
1987a). Public hearings on the proposed regulations began in early 1987 and by
summer NMFS published final regulations (Department of Commerce, 1987b).
TED opponents effectively delayed full implementation of TED regulations until
1990 by appealing to federal courts in Texas, Louisiana, and North Carolina, and
to Congress. Invariably the courts eventually ruled in NMFS’ favor. The U.S.
Congress and the incumbent administration were more receptive to indusry complaints, at times ordering TED regulations or the enforcement thereof suspended.
During this period, some individual states, such as South Carolina, Georgia, and
Florida, promulgated regulations implementing TEDs in their territorial waters;
sometimes these regulations also were challenged in state courts. By October
1989, however, the TED regulations were in force, but because the regulations
were seasonal, they were not yet in effect in all areas.
Just as these regulations finally were implemented fully, the National Research
Council’s study team’s report was published, conclusively supporting the need to
reduce mortality by shrimp trawls (Magnuson et al., 1990). Furthermore, the study
team recommended that TEDs be used in bottom trawls at most places and at most
times of the year, from Cape Hatteras to the U.S.–Mexico border. Newly implemented federal regulations required TEDs seasonally and were limited to ocean
trawlers. Trawlers in inshore waters were permitted to restrict tow times in lieu
of using TEDs. By 1992, armed with the study team report, with evidence of
significant use of inshore waters by turtles (Epperly et al., 1995a), and with the
knowledge that trawlers working in inshore waters capture sea turtles (NMFS*),
NMFS expanded the regulations, phasing them in over a 2-year period (Department
of Commerce, 1992b). TEDs were now required in shrimp trawls throughout the
year in all areas south of Cape Hatteras. Thus, by December 1994, with few
exceptions, all shrimp trawlers in inshore and offshore waters were required to
use TEDs in their nets at all times. Except for this major change, most other
modifications of the regulations since 1987 have addressed technical design details
and certification protocols.
* National Marine Fisheries Service. Unpublished data. Galveston Laboratory, 4700 Avenue U,
Galveston, TX 77551.
1123 book.book Page 343 Thursday, November 14, 2002 11:50 AM