[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Proposed Rules]
[Pages 720-724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-187]


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DEPARTMENT OF COMMERCE
50 CFR Part 622

[Docket No. 961226370-6370-01; I.D. 111896A]
RIN 0648-AI15


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Amendment 2

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 2 to the 
Fishery Management Plan for the Shrimp Fishery of the South Atlantic 
Region (FMP). Amendment 2 would add brown and pink shrimp to the FMP's 
fishery management unit, define overfishing for brown and pink shrimp, 
define optimum yield (OY) for brown and pink shrimp, require the use of 
certified bycatch reduction devices (BRDs) in all penaeid shrimp trawls 
in the exclusive economic zone (EEZ) in the South Atlantic, and 
establish a framework procedure for adding to the list of certified 
BRDs or modifying their specifications. The intended effects are to 
minimize the bycatch of finfish in shrimp trawling operations in the 
South Atlantic and to implement consistent, and therefore more 
enforceable, Federal and state management measures requiring the use of 
BRDs for reducing finfish bycatch in the penaeid shrimp fishery.

DATES: Written comments must be received on or before February 20, 
1997.

ADDRESSES: Comments on the proposed rule must be sent to the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Requests for copies of Amendment 2, which includes a regulatory 
impact review (RIR), a social impact analysis, and a supplemental final 
environmental impact statement (SFEIS), should be sent to the South 
Atlantic Fishery Management Council, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; Phone: 803-571-4366; Fax: 803-769-4520.


[[Page 721]]


FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The FMP was prepared by the South Atlantic 
Fishery Management Council (Council) and is implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    The shrimp fishery is the largest and most valuable commercial 
fishery in the South Atlantic, with approximately 1,400 large vessels 
and 1,000 small boats harvesting 30 million lb (13,608 mt) with an ex-
vessel value of $60 million annually. Shrimp trawls have a significant 
bycatch of nontarget finfish and invertebrates, most of which are 
discarded dead. Scientific survey results indicate that the ratio of 
the weight of finfish bycatch to that of shrimp caught is about 2.3 to 
1.
    Bycatch may reduce the diversity of species within a marine 
ecosystem, adversely impact other fauna, and significantly reduce the 
yield in other fisheries that are directed at adults of the discarded 
species. Important fish species in the shrimp fishery bycatch include 
juveniles of mackerel, weakfish, spot, and croaker. If left to mature 
and grow, these juvenile fish possibly could be harvested later and 
produce a significantly higher yield in weight as well as enhancing the 
reproductive capacity of their stocks.
    The Atlantic States Marine Fisheries Commission (ASMFC) has 
determined that weakfish are seriously overfished and on the verge of 
recruitment failure. The ASMFC adopted an Interstate Fishery Management 
Plan for Atlantic Weakfish (ISFMP) in 1985, primarily to address the 
lack of biological and fisheries data necessary for effective 
management of the weakfish resource. ISFMP Amendments 1 and 2 were 
adopted by the ASMFC to achieve significant reductions in fishing 
mortality of weakfish and to halt stock declines. ISFMP Amendment 2 
directed the South Atlantic states to implement measures to achieve a 
50 percent reduction in weakfish bycatch in the shrimp trawl fisheries 
for the 1996 fishing year. In order to accelerate weakfish conservation 
efforts, the ASMFC adopted Amendment 3 to its ISFMP in May 1996. The 
major goals of Amendment 3 are: Restoring the Atlantic coast weakfish 
resource over a 5-year period to a healthy level that will maintain 
commercial and recreational harvests consistent with a self-sustaining 
spawning stock; and providing for restoration and maintenance of 
habitat essential for the long term stability of the weakfish resource. 
Amendment 3 directs the states to require BRDs in all penaeid shrimp 
trawls nets above a certain size and requires that all BRDs be 
certified as demonstrating a 40 percent reduction by number or 50 
percent reduction of bycatch mortality of weakfish when compared to 
catch rates in a net without a BRD. As members of the ASMFC, the 
southern Atlantic states have pledged to accomplish the BRD-related 
objectives of Amendment 3 in state waters during the 1996 shrimp 
season, which began in June 1996.
    The Council has developed Amendment 2 to reduce bycatch of weakfish 
in Federal waters consistent with the objectives of Amendment 3 to the 
ISFMP, to enhance enforcement by requiring comparable BRDs in both 
state and Federal waters, and to initiate a process for certifying 
improved BRDs as they become available.

BRD Requirements

    This rule would require the use of a certified BRD in most penaeid 
shrimp trawl nets in the South Atlantic EEZ. Specifically, on board a 
penaeid shrimp trawler, each trawl net that is rigged for fishing and 
has a mesh size less than 2.50 inches (6.35 cm) stretched mesh (center 
of knot to center of opposite knot), and each try net that is rigged 
for fishing and has a headrope length greater than 16.0 ft (4.9 m), 
must have a certified BRD installed. BRD designs that have passed the 
operational testing phase of the NMFS cooperative bycatch research 
program (i.e., extended funnel, expanded mesh, and fisheye BRDs) are 
certified for use in state waters and are certified for use in the EEZ 
where BRDs are required.
    Most shrimp trawling in the South Atlantic occurs in state waters. 
Because most shrimp fishermen in the South Atlantic fish in both state 
and Federal waters on the same trip, the requirement to use BRDs in 
Federal waters should pose little, if any, additional burden on 
fishermen.

Amendment 2  Management Measures Not Reflected in the Proposed Rule

Framework Procedure for Certifying BRDs and for Modification of BRD 
Certification Criteria and Testing Protocol

    In addition to the management measures reflected in the proposed 
rule, Amendment 2 would establish a framework procedure for certifying 
new or modified BRDs and for establishing and modifying BRD 
certification criteria and testing protocol. Any BRD that is eligible 
for NMFS certification must be shown to reduce the bycatch component of 
fishing mortality for Spanish mackerel and weakfish by 50 percent, or 
demonstrate a 40-percent reduction in number of these fish. The 
Regional Administrator, Southeast Region, NMFS (Regional 
Administrator), would be responsible for review and certification of 
BRDs for use in the South Atlantic EEZ. There would be two 
certification procedures. Under the first procedure, a new or modified 
BRD that is reviewed and recommended by a state management agency, and 
that meets the bycatch reduction criteria under the testing protocol 
specified by the Council, would be certified by the Regional 
Administrator. Under the second procedure, an individual would submit 
the results of BRD certification trials directly to NMFS. Such 
submissions would be evaluated by NMFS with the Regional Administrator 
making the final decision on BRD certification pursuant to the 
certification criteria, testing protocol, and terms of the FMP. Under 
either the first or second procedure, certification of a new or 
modified BRD would be announced by the Regional Administrator through 
publication of a notice in the Federal Register.
    The proposed BRD testing protocol for certification does not 
include a shrimp loss criterion (i.e., estimated loss of shrimp when a 
BRD is used). However, any application for BRD certification would be 
required to provide data and analyses on the quantity of shrimp that 
could be lost when using the BRD. Also, an applicant would be required 
to identify: The sponsor of the BRD certification tests (e.g., Sea 
Grant program, university, or private firm); when and where the tests 
were conducted; the vessel or vessels involved; any special conditions 
or requirements of the tests; the statistical design and analyses that 
were performed, including length of tow, number of tows, and the 
measurements of shrimp and fishes; the names and affiliations of the 
observers; a complete description of the BRD, including detailed 
descriptions of how the BRD is installed in the nets; and the types of 
TEDs used. It should be noted that all certification tests would be 
required to be conducted with a state-approved or NMFS-approved 
observer aboard. It would be the responsibility of the applicant, or 
his/her agent, conducting the certification tests to ensure that a 
qualified observer is aboard during the tests.
    Additional details concerning the Council's recommendations 
regarding the certification of BRDs, certification

[[Page 722]]

criteria, and the BRD testing protocol are provided in Amendment 2 (see 
ADDRESSES) under the discussion regarding proposed Action 5 (pages 73-
83 of Amendment 2). Action 5 also provides: The Regional Administrator 
will advise an applicant if a BRD is not certified; an applicant may 
resubmit a rejected request for certification; and the Regional 
Administrator may decertify a BRD should it be determined that such BRD 
does not meet the bycatch reduction criteria (page 76 of Amendment 2).

Brown and Pink Shrimp Measures

    Amendment 2 would add brown and pink shrimp to the FMP's fishery 
management unit and define overfishing and OY for these species.
    Annual landings of brown and pink shrimp off the southern Atlantic 
states over time appear to fit a normal distribution (a common 
statistical distribution) and have been relatively stable since the 
mid-1950s without any discernible upward or downward trend. Average 
annual landings for brown shrimp for the 1957-93 period have been 
8,346,397 lb (3,786 mt); whereas average annual landings for pink 
shrimp for the same period have been 1,713,067 lb (777 mt). It appears 
that annual abundance of these shrimp is primarily influenced by 
environmental factors that determine the survival rate of juvenile 
shrimp. Fishing pressure, at least in the past, does not appear to have 
been a major factor controlling brown and pink shrimp abundance.
    Since brown and pink shrimp are harvested in shrimp trawls for 
which BRDs will be required under Amendment 2, the Council concluded 
that it is necessary and appropriate that these shrimp species be added 
to the FMP management unit. The Council believes that the addition of 
these two shrimp species to the management unit would provide the 
necessary regulatory framework for establishing and enforcing 
compatible state and Federal regulations. Adding these species to the 
management unit would result in the following revised description of 
the FMP management unit: The management unit includes the populations 
of white, brown, pink, and rock shrimp along the U.S. Atlantic coast 
from the east coast of Florida, including the Atlantic side of the 
Keys, to the North Carolina/Virginia border.
    Amendment 2 would define overfishing for brown and pink shrimp as 
follows: Overfishing for brown or pink shrimp is occurring if annual 
landings for 3 consecutive years are more than two standard deviations 
below mean landings for the period 1957-1993. Thus, annual landings for 
3 consecutive years would have to be below 2,946,157 lb (1,336 mt) 
(heads on) for brown shrimp and 286,293 lb (130 mt) (heads on) for pink 
shrimp in order for these resources to be considered overfished. 
Reduced landings could result from reduced fishing pressure rather than 
overfishing. Accordingly, under Amendment 2, if annual landings are 
more than two standard deviations below mean landings for the 1957-1993 
period for 2 consecutive years, the Council would convene its Shrimp 
Stock Assessment Panel, Shrimp Advisory Panel, and Shrimp Committee to 
review the causes of such declines in landings and recommend, if 
appropriate, actions necessary to address the identified problems. In 
the event that declining landings are actually due to overfishing 
rather than reduced fishing effort or some other factor, this should 
ensure that the Council takes timely action to address the overfishing 
problem. The NMFS Southeast Science Center has certified that the 
Council's proposed overfishing definition is based on the best 
scientific information available.
    Both pink and brown shrimp are short lived and produce annual 
crops. Thus, as long as sufficient spawners survive each year, the 
Council believes that there is no benefit from leaving an excess of the 
present year's crop for the next season. Based on the biological 
characteristics of brown and pink shrimp, there is a minimal chance of 
overfishing these species. For these reasons, the Council is proposing 
that OY for these species be defined as the amount of harvest that can 
be taken by U.S. fishermen without annual landings falling more than 
two standard deviations below mean landings for the 1957-1993 period 
for 3 consecutive years (i.e., below 2,946,157 lb (1,336 mt) (heads on) 
for brown shrimp and 286,293 lb (130 mt) (heads on) for pink shrimp). 
The Council selected this definition of OY based, in part, on the 
absence of evidence that present or past levels of fishing effort have 
caused either growth or recruitment overfishing.

Availability of Amendment 2

    Additional background and rationale for the measures discussed 
above are contained in Amendment 2, the availability of which was 
announced in the Federal Register on November 25, 1996 (61 FR 59856). 
Public comment on Amendment 2 is invited through January 24, 1997.

Classification

    At this time, NMFS has not made its final determination that 
Amendment 2 is consistent with the national standards, other provisions 
of the Magnuson-Stevens Act, and other applicable laws. In making that 
final determination, NMFS will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce has certified to the Chief Counsel for Advocacy 
of the Small Business Administration that Amendment 2 and its 
implementing rule would not have a significant impact on a substantial 
number of small entities as follows:

    The proposed rule would require the use of certified bycatch 
reduction devices (BRDs) in most shrimp trawls used in the fisheries 
for penaeid shrimp in the exclusive economic zone (EEZ) of the South 
Atlantic and specifies the 3 types of BRDs that are initially deemed 
``certified.''
    For the 1994 fishing season, about 1,100 large shrimp vessels 
were licensed in Florida, Georgia, and South Carolina, and about 300 
large vessels in North Carolina. In addition, there were probably 
1,000 or more small vessels and boats which have a significant 
dependence on shrimp trawling in the South Atlantic area; these 
vessels fish mostly in North Carolina waters. All entities involved 
in the shrimp fisheries in the southeast Atlantic EEZ are considered 
small entities for purposes of the RFA.
    Requiring the use of BRDs for all shrimp trawls in the South 
Atlantic EEZ would have little or no economic impact since virtually 
all shrimp fishermen in this area fish primarily in state waters 
where BRDs are already required. Most, if not all, shrimp fishermen 
have already equipped their trawls with BRDs in conformity with 
state regulations that should meet the BRD-certification 
requirements of this rule. Accordingly, there should be little or no 
additional costs to fishermen in complying with the BRD requirements 
of this rule when they fish in the EEZ.
    Regarding the impacts of this rule, the Council's regulatory 
impact review (RIR) concluded: Any economic impact would result in 
much less than a 5 percent reduction in annual gross revenues to 
small entities; any increase in compliance costs would be less than 
a 5 percent increase in total costs of production; all entities 
involved are small entities; capital costs of compliance represent a 
very small portion of capital available to small entities; and no 
entities are expected to be forced to cease business operations. For 
these reasons, the RIR concluded that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities.

[[Page 723]]

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: December 30, 1996.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 622.2, definitions for ``BRD'', ``Headrope length'', 
``Penaeid shrimp trawler'', and ``Try net'' are added in alphabetical 
order to read as follows:


Sec. 622.2  Definitions and acronyms.

* * * * *
    BRD means bycatch reduction device.
* * * * *
    Headrope length means the distance, measured along the forwardmost 
webbing of a trawl net, between the points at which the upper lip (top 
edge) of the mouth of the net are attached to sleds, doors, or other 
devices that spread the net.
* * * * *
    Penaeid shrimp trawler means any vessel that is equipped with one 
or more trawl nets whose on-board or landed catch of brown, pink, or 
white shrimp (penaeid shrimp) is more than 1 percent, by weight, of all 
fish comprising its on-board or landed catch.
* * * * *
    Try net, also called test net, means a net pulled for brief periods 
by a shrimp trawler to test for shrimp concentrations or determine 
fishing conditions (for example, presence or absence of bottom debris, 
jellyfish, bycatch, seagrasses, etc.).
* * * * *
    3. In Sec. 622.41, paragraph (g) is added to read as follows:


Sec. 622.41  Species specific limitations.

* * * * *
    (g) Shrimp in the South Atlantic--(1) BRD requirement. On a penaeid 
shrimp trawler in the South Atlantic EEZ, each trawl net that is rigged 
for fishing and has a mesh size less than 2.50 inches (6.35 cm), as 
measured between the centers of opposite knots when pulled taut, and 
each try net that is rigged for fishing and has a headrope length 
longer than 16.0 ft (4.9 m), must have a certified BRD installed. A 
trawl net, or try net, is rigged for fishing if it is in the water, or 
if it is shackled, tied, or otherwise connected to a sled, door, or 
other device that spreads the net, or to a tow rope, cable, pole, or 
extension, either on board or attached to a shrimp trawler.
    (2) Certified BRDs. The following BRDs are certified for use by 
penaeid shrimp trawlers in the South Atlantic EEZ. Specifications of 
these certified BRDs are contained in Appendix D of this part.
    (i) Extended funnel.
    (ii) Expanded mesh.
    (iii) Fisheye.
    4. In Sec. 622.48, paragraph (h) is added to read as follows:


Sec. 622.48  Adjustment of management measures.

* * * * *
    (h) South Atlantic shrimp. Certified BRDs and their specifications.
    5. Appendix D is added to part 622 to read as follows:

Appendix D to Part 622--Specifications for Certified BRDs in the South 
Atlantic Shrimp Fishery

    A. Extended Funnel.
    1. Description. The extended funnel BRD consists of an extension 
with large-mesh webbing in the center (the large-mesh escape 
section) and small-mesh webbing on each end held open by a semi-
rigid hoop. A funnel of small-mesh webbing is placed inside the 
extension to form a passage for shrimp to the codend. It also 
creates an area of reduced water flow to allow for fish escapement 
through the large mesh. One side of the funnel is extended 
vertically to form a lead panel and area of reduced water flow. 
There are two sizes of extended funnel BRDs, a standard size and an 
inshore size for small trawls.
    2. Minimum Construction and Installation Requirements for 
Standard Size.
    (a) Extension Material. The small-mesh sections used on both 
sides of the large-mesh escape section are constructed of 1\5/8\ 
inch (4.13 cm), No. 30 stretched mesh, nylon webbing. The front 
section is 120 meshes around by 6\1/2\ meshes deep. The back section 
is 120 meshes around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, 
webbing. This section is cut on the bar to form a section that is 15 
inches (38.1 cm) in length by 95 inches (241.3 cm) in circumference. 
The leading edge is attached to the 6\1/2\-mesh extension section 
and the rear edge is attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm), 
stretched mesh, No. 30 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 34 to 36 
inches (86.4 to 91.4 cm) long and the opposite side of the funnel 
extends an additional 22 to 24 inches (55.9 to 61.0 cm). The 
circumference of the leading edge of the funnel is attached to the 
forward small-mesh section three meshes forward of the large-mesh 
escape section and is evenly sewn, mesh for mesh, to the small-mesh 
section. The after edge of the funnel is attached to the after 
small-mesh section at its top and bottom eight meshes back from the 
large-mesh escape panel. Seven meshes of the top and seven meshes of 
the bottom of the funnel are attached to eight meshes at the top and 
bottom of the small-mesh section, such eight meshes being located 
immediately adjacent to the top and bottom centers of the small-mesh 
section on the side of the funnel's extended side. The extended side 
of the funnel is sewn at its top and bottom to the top and bottom of 
the small-mesh section, extending at an angle toward the top and 
bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop 
constructed of plastic-coated trawl cable, swaged together with a 
\3/8\-inch (9.53-mm) micropress sleeve, is installed 5 meshes behind 
the trailing edge of the large-mesh escape section. The extension 
webbing must be laced to the ring around the entire circumference 
and must be equally distributed on the hoop, that is, 30 meshes must 
be evenly attached to each quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches 
(20.3 cm) behind the posterior edge of the TED. If it is attached 
behind a soft TED, a second semi-rigid hoop, as prescribed in 
paragraph A.2.(d), must be installed in the front section of the BRD 
extension webbing at the leading edge of the funnel. The codend of 
the trawl net is attached to the trailing edge of the BRD.
    3. Minimum Construction and Installation Requirements for 
Inshore Size.
    (a) Extension Material. The small-mesh sections used on both 
sides of the large-mesh escape section are constructed of 1\3/8\ 
inch (3.5 cm), No. 18 stretched mesh, nylon webbing. The front 
section is 120 meshes around by 6\1/2\ meshes deep. The back section 
is 120 meshes around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, 
webbing. This section is cut on the bar to form a section that is 15 
inches (38.1 cm) by 75 inches (190.5 cm) in circumference. The 
leading edge is attached to the 6\1/2\-mesh extension section and 
the rear edge is attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm), 
stretched mesh, No. 18 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 30 to 32 
inches (76.2 to 81.3 cm) long and the opposite side of the funnel 
extends an additional 20 to 22 inches (50.8 to 55.9 cm). The 
circumference of the leading edge of the funnel is attached to the 
forward small-mesh section three meshes forward of the large-mesh 
escape section and is evenly sewn, mesh for mesh, to the small-mesh 
section. The after edge of the funnel is attached to the after 
small-mesh section at its top and bottom eight meshes back from the 
large-mesh

[[Page 724]]

escape panel. Seven meshes of the top and seven meshes of the bottom 
of the funnel are attached to eight meshes at the top and bottom of 
the small-mesh section, such eight meshes being located immediately 
adjacent to the top and bottom centers of the small-mesh section on 
the side of the funnel's extended side. The extended side of the 
funnel is sewn at its top and bottom to the top and bottom of the 
small-mesh section, extending at an angle toward the top and bottom 
centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop 
constructed of plastic-coated trawl cable, swaged together with a 
\3/8\-inch (9.53-mm) micropress sleeve, is installed 5 meshes behind 
the trailing edge of the large mesh section. The extension webbing 
must be laced to the ring around the entire circumference and must 
be equally distributed on the hoop, that is, 30 meshes must be 
evenly attached to each quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches 
(20.3 cm) behind the posterior edge of the TED. If it is attached 
behind a soft TED, a second semi-rigid hoop, as prescribed in 
paragraph A.3.(d), must be installed in the front section of the BRD 
extension webbing at the leading edge of the funnel. The codend of 
the trawl net is attached to the trailing edge of the BRD.
    B. Expanded Mesh. The expanded mesh BRD is constructed and 
installed exactly the same as the standard size extended funnel BRD, 
except that one side of the funnel is not extended to form a lead 
panel.
    C. Fisheye.
    1. Description. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch 
diameter, which is inserted into the codend to form an escape 
opening. Fisheyes of several different shapes and sizes have been 
tested in different positions in the codend.
    2. Minimum Construction and Installation Requirements. The 
fisheye has a minimum opening dimension of 5 inches (12.7 cm) and a 
minimum total opening area of 36 square inches (91.4 square cm). The 
fisheye must be installed in the codend of the trawl to create an 
opening in the trawl facing in the direction of the mouth of the 
trawl no further forward than 11 ft (3.4 m) from the codend tie-off 
rings.

[FR Doc. 97-187 Filed 1-3-97; 8:45 am]
BILLING CODE 3510-22-P