(G) Andrews TED (Figures 8a and 8b). The Andrews TED is constructed of 5 inch stretch mesh polyethylene or polypropylene webbing that is sewn around its entire perimeter inside a shrimp trawl. It is a trawl within a trawl. The leading edge of the Andrews TED is sewn to the top of the outer trawl at a point corresponding to the full circumference of meshes, 20

meshes behind the center of the footrope. Lacing with rope is not allowed. The TED tapers to an exit hole in the bottom of the trawl. The rear edge of the hole is located no more than 20 inches ahead of the intermediate (extension). The trailing edge of the TED is sewn at all points around the circumference of the exit hole. The exit hole is 96 inches in circumference.

(iii) Other TEDS. Additional devices may be approved as qualified TEDs if they demonstrate a turtle exclusion rate of 97 percent according to a NMFS-approved scientific protocol published in the FEDERAL REGISTER. One such protocol was published on June 29, 1987. Turtle exclusion testing must be conducted under the supervision of the Assistant Administrator or a designee. A person interested in testing a TED should contact the Director, Southeast Fisheries Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149.

(iv) Fishing efficiency experiments. From time to time, the Director, Southeast Region, NMFS, may authorize public or private experimentation to develop alternative turtle excluder devices or to determine effects on shrimp fishing efficiency. A research protocol is available for such purposes. Requests for approval of experimental programs should be addressed to the Director, Southeast Region, NMFS, 9450 Koger Blvd., St. Petersburg, FL 33702.

(5) [Reserved]

(6) Prohibitions. It is unlawful for any person to do any of the following:

(i) Fail to use a qualified TED in each net during trawling on a vessel 25 feet or longer in length in an area where and at a time when a TED is required pursuant to this part;

(ii) Fail to restrict a tow time to 90 minutes in an area and at a time such restriction applies, unless a qualified TED is being used in each net during trawling;

(iii) Land from or possess on board a vessel white, brown, pink, or seabob shrimp in quantities exceeding 10 percent of the total shrimp landed or on board after having fished for royal red shrimp (or for rock shrimp in the Atlantic Ocean) in TED required area without using a qualified TED in each net during trawling;

(iv) Fall to follow sea turtle handling and resuscitation procedures specified in paragraph (e)(1)(i) of this section;

or

(v) Fail to comply with instructions and signals issued by an authorized officer. Enforcement procedures and signals used in the Gulf of Mexico shrimp fishery are listed at 50 CFR

Part 658. These procedures will be used to enforce the rules of this section in all geographic areas.

(7) Enforcement policy regarding incidental capture of threatened sea turtles. Shrimp fishermen in the southeastern United States and the Gulf of Mexico who comply with the rules of paragraph (e) of this section will not be subject to civil penalties under the Act for incidental capture of threatened sea turtles by shrimp trawl gear.

(f) Subsistence. The prohibition in § 227.71(b) shall not apply with respect to the taking of any member of the species of green sea turtle (Chelonia mydas) in waters seaward of mean low tide for personal consumption by residents of the Trust Territory of the Pacific Islands if such taking is customary, traditional and necessary for the sustenance of such resident and his immediate family. Sea turtles so taken cannot be transferred to non-residents or sold.

[43 FR 32809, July 28, 1978, as amended at 46 FR 43977, Sept. 2, 1981; 52 FR 24251, June 29, 1987; 52 FR 37154, Oct. 5, 1987; 53 FR 33821, Sept. 1, 1988; 54 FR 32818, Aug. 10, 1989; 54 FR 37813, Sept. 13, 1989; 55 FR 41089, Oct. 9, 1990; 56 FR 43717, Sept. 4, 1991]