(7) Such other information as the Assistant Administrator may require.

(d) Exception for research or conservation. Any employee or agent of the National Marine Fisheries Service, the Fish and Wildlife Service, or a State fish and wildlife agency operating a conservation program pursuant to the terms of a Cooperative Agreement with the National Marine Fisheries Service or the Fish and Wildlife Service in accordance with section 6(c) of the Act, designated by his or her agency for such purposes, may, when acting in the course of his or her official duties, take any threatened species to carry out scientific research or conservation programs. All such takings shall be reported within 30 days of the taking to the Assistant Administrator who may request additional reports of the taking and research at his discretion.

(e) Exception for incidental taking— (1) General. Except as provided in paragraphs (e)(2) and (e)(3) of this section, the incidental taking of any member of any species listed in § 227.4 during fishing or scientific research activities not directed toward such members of such species is allowed under the following conditions:

(i) Any specimen so taken must be handled with due care to prevent injury to live specimens, observed for activity, and returned to the water according to the following procedures:

(A) Sea turtles that are dead or actively moving must be released over the stern of the boat. In addition, they must be released only when trawls are not in use, when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels.

(B) Resuscitation must be attempted on sea turtles that are comatose or inactive but not dead by:

(1) Placing the turtle on its back (carapace) and pumping its breastplate (plastron) with hand or foot, or (2) Placing the turtle on its breastplate (plastron) and elevating its hindquarter several inches for a period of one up to twenty-four hours. The amount of elevation depends on the size of the turtle; greater elevations are needed for larger turtles.

Sea turtles being resuscitated must be shaded and kept wet or moist. Those that revive and become active must be released over the stern of the boat only when trawls are not in use, when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels. Similarly, sea turtles that fail to move within several hours (up to twenty-four if possible) must be returned to the water in the same

manner.

(ii) Any specimen so taken must not be consumed, sold, landed, offloaded, transshipped, or kept below deck.

(2) Gear requirements. (i) Except as provided in paragraphs (e)(2)(ii), (e)(2)(iii) and (e)(2)(iv) of this section, a qualified turtle excluder device (TED) must be carried and used in each net during trawling by a shrimp trawler 25 feet or longer in length fishing for white, brown, pink, or seabob shrimp (or for rock shrimp in the Gulf of Mexico) in areas and during periods as follows (see Table 1 for a summary of the requirements and Maps 1 and 2 for depictions of the areas):

(B) Gulf of Mexico:

(1) Southwest Florida Area, offshore to 15 nautical miles-all year, commencing January 1, 1988.

(2) Gulf Area, offshore to 15 nautical miles-March 1 through November 30, each year, commencing March 1, 1988.

(3) Southwest Flordia Area, offshore-all year, commencing January 1, 1989.

(4) Gulf Area, offshore-March 1 through November 30, each year, commencing March 1, 1989.

(ii) In the Southwest Florida and Gulf Areas a shrimp trawler fishing for or possessing royal red shrimp is exempt from the TED requirement provided that 90 percent of all shrimp offloaded from, or on board, the trawler are royal red shrimp.

(iii) In the Canaveral and Atlantic Areas, a shrimp trawler fishing for or

possessing rock shrimp or royal red shrimp is exempt from the TED requirement provided that 90 percent of all shrimp offloaded from, or on board, the trawler are rock shrimp or royal red shrimp.

(iv) A single test net having a headrope length of 20 feet or less is exempt from the TED requirement provided that the test net is pulled immediately in front of any other net or is not connected to another net in any way.

(3) Tow time restrictions. (i) Except for a shrimp trawler carrying and using a qualified TED in each net during trawling, a shrimp trawler, regardless of length, fishing for white, brown, pink, or seabob shrimp (or rock shrimp in or from the Gulf or Southwest Florida Areas) must limit each tow time to 90 minutes in areas and during periods as follows (see Table 2 for a summary of the requirements and Maps 3 and 4 for depictions of the areas):

(A) Atlantic Ocean: (1)

Canaveral Area, inshore-all year, commencing October 1, 1988. (2) Atlantic Area, inshore-May 1 through August 31, each year, commencing May 1, 1988.

(B) Gulf of Mexico:

(1) Southwest Florida Area, inshore-all year, commencing January 1, 1988.

(2) Gulf Area, inshore-March 1 through November 30, each year, commencing March 1, 1988.

(ii) Except for a shrimp trawler carrying and using a qualified TED in each net during trawling, a shrimp

(1) Southwest Florida Area, offshore to 15 nautical miles-all year, commencing January 1, 1988.

(2) Gulf Area, offshore to 15 nautical miles-March 1 through November 30, each year, commencing March 1, 1988.

(3) Southwest Florida Area, offshore-all year, commencing January 1, 1988.

(4) Gulf Area, offshore-March 1 through November 30, each year, commencing March 1, 1989.

(iii) In the Southwest Florida and Gulf Areas a shrimp trawler fishing for or possessing royal red shrimp is exempt from the tow time restrictions provided that 90 percent of all shrimp offloaded from, or on board, the trawler are royal red shrimp.

(iv) In the Atlantic and Canaveral Areas, a shrimp trawler fishing for or possessing royal red or rock shrimp is exempt from the tow time restriction provided that 90 percent of all shrimp offloaded from, the trawler are royal red or rock shrimp.

1. 24°28' N., 81°00' W. 2. 24°18' N., 81°42' W. 3. 24°17' N., 82°00' W. 4. 24°23' N., 82°56' W. 5. 24°38' N., 83°12′ W. 6. 24°53' N., 82°55' W. 7. 24°51' N., 82°07' W. 8. 24°54' N., 81°48' W. 9. 25°06' N., 81°25' W. 10. 25°32' N., 81°33' W. 11. 25°43' N., 81°55' W. 12. 26°11' N., 82°05' W. 13. 26°20' N., 82°25' W. 14. 27 11' N., 82°49' W.

15. 27 30' N., 83°01' W. 16. 27 52' N., 83°08' W. 17. 28°32' N., 82°57' W. 18. 29°22' N., 83°37' W. 19. 29° 45' N., 83°54' W. 20. 29°39' N., 84°12' W. 21. 29°21' N., 85°00' W. 22. 29 27' N., 85°30' W. 23. 29°59' N., 86°00' W. 24. 30°09' N., 86°43' W. 25. 30°04' N., 87°12′ W. 26.29°58' N., 88°00' W. 27.29°58' N., 88°32' W. 28. 29° 29' N., 88°52' W.

29. 29°08' N., 88°43' W. 30. 28°45' N., 89°00' W. 31. 28°40' N., 89°30′ W. 32. 29°03' N., 89°47' W. 33. 28°52' N., 90°05' W. 34. 28°48' N., 90°23′ W. 35. 28°48' N., 90°55′ W. 36. 29°01' N., 91°24' W. 37. 29° 13' N., 91°50' W. 38. 29° 17' N., 92°22' W. 39. 29°31' N., 93°19′ W. 40.29°26' N., 93°49′ W. 41. 29°14' N., 94°28′ W. 42. 29°05' N., 94°37' W.

43. 28° 44' N., 95°07' W. 44. 28°31' N., 95°30′ W. 45. 28° 19' N., 96°00' W. 46. 28°07' N., 96°16′ W. 47. 27 59' N., 96°30′ W. 48. 27 43' N., 96°47' W. 49. 27 30' N., 96°52' W. 50. 27 16' N., 97°03′ W. 51. 2700' N., 97°05′ W. 52. 26°45' N., 97°02′ W. 53. 26°30' N., 96°57′ W. 54. 26°15' N., 96°54' W. 55.25 59.5' N., 96°52′ W.