[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Rules and Regulations]
[Pages 64430-64433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30993]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980505118-8286-02; I.D. 110598B]
RIN 0648-AL14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Extension of Effective Date and 
Amendment of Bycatch Reduction Device Certification

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

ACTION: Interim rule; extension of expiration date; amendment; request 
for comments.

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SUMMARY: An interim rule is in effect through November 16, 1998, that 
certifies the Jones-Davis and Gulf fisheye bycatch reduction devices 
(BRDs) for use in the Gulf of Mexico shrimp fishery. NMFS extends the 
interim rule through May 15, 1999, because conditions requiring the 
interim rule to reduce overfishing remain unchanged. NMFS also amends 
the interim rule regarding the specifications for the Jones-Davis, 
fisheye, and Gulf fisheye BRDs. The intended effects of this rule are 
to provide flexibility to Gulf shrimp trawlers for complying with the 
requirement to use a BRD and to maximize the effectiveness of BRDs. 
Providing a variety of certified BRDs will allow shrimpers to select a 
BRD based on how it matches the operating conditions their vessel 
encounters. This should enhance compliance, help minimize shrimp loss, 
and further increase bycatch reduction and, thus, further reduce 
overfishing of red snapper.

DATES: The expiration date for the interim rule published at 63 FR 
27499, May 19, 1998, is extended to May 15, 1999. The amendment to 
Appendix D to part 622 that suspends paragraph E and adds paragraph F 
is effective November 17, 1998, through May 15, 1999. The amendment to 
Appendix D to part 622 that suspends paragraphs C.2. and D.2. and adds 
paragraphs C.3. and D.3. is effective November 27, 1998, through May 
15, 1999.

ADDRESSES: Comments on this interim rule must be mailed to, and copies 
of documents supporting this rule may be obtained from, the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St Petersburg, 
FL 33702. Requests for copies of construction and installation 
instructions for the Jones-Davis, fisheye, and Gulf fisheye BRDs should 
be addressed to the Chief, Harvesting Systems Division, Mississippi 
Laboratories, Southeast Fisheries Science Center, NMFS, P.O. Drawer 
1207, Pascagoula, MS 39568-1207.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, phone: 727-570-5305 
or fax: 727-570-5583.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Shrimp 
Fishery of the Gulf of Mexico (FMP) was prepared by the Gulf of Mexico 
Fishery Management Council and is implemented under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    Under section 305(c)(1) of the Magnuson-Stevens Act, NMFS published 
an interim rule (63 FR 27499, May 19, 1998) that certified the Jones-
Davis and Gulf fisheye BRDs for use in the Gulf of Mexico shrimp 
fishery. Because conditions requiring the interim rule to reduce 
overfishing remain unchanged, NMFS extends the effective date of the 
interim rule through May 15, 1999, in accordance with section 
305(c)(3)(B) of the Magnuson-Stevens Act.
    In addition, NMFS amends Appendix D to Part 622--Specifications for 
Certified BRDs to revise the minimum construction and installation 
requirements for the Jones-Davis, fisheye, and Gulf fisheye BRDs. For 
the fisheye and Gulf fisheye BRDs, NMFS is prohibiting any part of the 
lazy line attachment system (i.e., any mechanism, such as elephant ears 
or choker straps, used to attach the lazy line to the codend) from 
overlapping, and thus obstructing, the fisheye escape opening. This 
will help to ensure effective bycatch reduction. For the Jones-Davis 
BRD, NMFS is adding alternative methods for constructing the 24-inch 
(61.0-cm) hoop and the funnel and

[[Page 64431]]

escape openings, thereby providing fishermen additional flexibility in 
complying with the BRD requirement.
    Details concerning the basis for the certification of the Jones-
Davis and Gulf fisheye BRDs are contained in the preamble to the 
initial interim rule and are not repeated here. No public comments on 
the initial interim rule were received. The fisheye BRD was certified 
in the final rule implementing Amendment 9 to the FMP (63 FR 18139, 
April 14, 1998).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to enhance compliance with the 
BRD requirement for the Gulf shrimp fishery, improve effectiveness of 
bycatch reduction, and, thereby, reduce overfishing of red snapper in 
the Gulf of Mexico. The AA has also determined that this rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This interim rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553 or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable.
    NMFS prepared a regulatory impact review (RIR) that provides an 
estimate of the costs and benefits of the interim rule. The RIR notes 
that the only identifiable costs associated with the rule are 
administrative costs of rule preparation; this cost was estimated at 
$5,000. This rule is expected to have positive effects on shrimp 
harvests and effort patterns because shrimpers will have the ability to 
choose among three BRD options instead of having to use the one BRD 
(i.e., fisheye) that was certified in Amendment 9 to the FMP. Positive 
effects will accrue because different shrimpers employ different 
harvesting tactics, pursue different shrimp species, operate in 
different geographical areas, and operate at varying times during the 
year. These differences in shrimp harvesting operations and conditions 
make it more efficient overall if a variety of BRDs are available. Over 
time, it is fully expected that a mix of available BRDs will be used to 
meet the BRD requirement. While the resulting benefits cannot be 
quantified, they may be fairly large. It is also expected that given 
the expanded choice of BRDs, compliance will be enhanced and the 
reduction in bycatch mortality will be increased relative to the status 
quo of a single BRD choice; therefore, there should be increased 
benefits to the red snapper fishery. Copies of the RIR are available 
(see ADDRESSES). NMFS has concluded that the restriction on placement 
of the lazy line attachment system will have negligible compliance 
costs but will help ensure effective bycatch reduction. The revisions 
to the specifications for the Jones-Davis BRD provide alternative 
construction methods that give fishermen greater flexibility in 
complying with the BRD requirement.
    This rule extends the certification of the Jones-Davis and Gulf 
fisheye BRDs for use in the Gulf shrimp fishery, thereby providing 
shrimp trawlers flexibility in complying with the BRD requirement. This 
should enhance the compliance rate and reduce the bycatch mortality 
rate and, thus, reduce the overfishing of Gulf red snapper. The 
amendments to the BRD specifications are necessary to prevent 
impairment of the effectiveness of the fisheye and Gulf fisheye BRDs 
and to provide fishermen additional flexibility in complying with 
construction requirements for the Jones-Davis BRD. Accordingly, 
pursuant to authority set forth at 5 U.S.C. 553(b)(B), the AA finds 
that these reasons constitute good cause to waive the requirement to 
provide prior notice and the opportunity for prior public comment, as 
the delay associated with such procedures would be contrary to the 
public interest.
    Similarly, under 5 U.S.C. 553(d)(3), the AA finds for good cause 
that a 30-day delay in the effective date of this rule, except for the 
amendments of the specifications for the fisheye and Gulf fisheye BRDs, 
would be contrary to the public interest. Because the amendments of the 
specifications for the fisheye and Gulf fisheye BRDs will require a 
minor gear adjustment for a small percentage of Gulf shrimp trawlers, 
NMFS delays the effective date of those provisions until November 27, 
1998, to allow reasonable time for owners and operators to comply. The 
remaining aspects of the rule relieve restrictions by providing Gulf 
shrimp trawlers a choice of certified BRDs that may be used to comply 
with the BRD requirement that became effective on May 14, 1998, and by 
providing alternative construction methods for the Jones-Davis BRD. To 
the extent that this rule relieves restrictions by providing a choice 
of certified BRDs and additional flexibility in construction of the 
Jones-Davis BRD, it is not subject to a delay in effective date under 5 
U.S.C. 553(d)(1).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.
    Dated: November 16, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 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. Effective November 27, 1998, through May 15, 1999, in Appendix D 
to part 622, paragraphs C.2. and D.2. are suspended and paragraphs C.3. 
and D.3. are added to read as follows:
    Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
    C. Fisheye.
* * * * *
    3. 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 at the top center of 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 
drawstring (tie-off rings) or 70 percent of the distance between the 
codend drawstring and the forward edge of the codend, excluding any 
extension, whichever is the shorter distance. In the Gulf EEZ only, 
when the fisheye BRD is installed in this position, no part of the lazy 
line attachment system (i.e., any mechanism , such as elephant ears or 
choker straps, used to attach the lazy line to the codend) may overlap 
the fisheye escape opening when the fisheye is installed aft of the 
attachment point of the codend retrieval system.
    D. Gulf fisheye.
* * * * *
    3. Minimum Construction and Installation Requirements. The Gulf 
fisheye is a cone-shaped rigid frame constructed of aluminum or steel 
rods. The rods must be at least 1/4-inch (6.35-mm) diameter. Any 
dimension of the escape opening must be at least 5.0 inches (12.7 cm), 
and the total escape opening area must be at least 36.0 in2 
(232.3 cm2). The Gulf fisheye must be installed in the 
codend of the trawl to

[[Page 64432]]

create an escape opening in the trawl, facing in the direction of the 
mouth of the trawl, no further forward than 12.5 ft (3.81 m) and no 
less than 8.5 ft (2.59 m) from the codend tie-off rings. When installed 
in this position, no part of the lazy line attachment system (i.e., any 
mechanism, such as elephant ears or choker straps, used to attach the 
lazy line to the codend) may overlap the fisheye escape opening when 
the fisheye is installed aft of the attachment point of the codend 
retrieval system. The Gulf fisheye may not be offset more than 15 
meshes perpendicular to the top center of the codend.
    3. Effective November 17, 1998, through May 15, 1999, in Appendix D 
to part 622, paragraph E. is suspended and paragraph F. is added to 
read as follows:
    Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
    F. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded mesh 
and the extended funnel BRDs except that the fish escape openings are 
windows cut around the funnel rather than large-mesh sections. In 
addition, a webbing cone fish deflector is installed behind the funnel.
    2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1 5/8-inch (3.5-cm) stretch mesh number 30 nylon 
42 meshes by 120 meshes. A tube is formed from the extension webbing by 
sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed 
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The 
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a 3/8-inch (0.95-cm) die 
to form a hoop. The inside diameter of this hoop must be between 27 and 
29 inches (68.6 and 73.7 cm). The hoop must be attached to the 
extension webbing 17 \1/2\ meshes behind the leading edge. The 
extension webbing must be quartered and attached in four places around 
the hoop, and every other mesh must be attached all the way around the 
hoop using number 24 twine or larger. The hoop must be laced with 3/8-
inch (0.95-cm) polypropylene or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) hoop. A single hoop must be constructed of 
either number 60 twine 80 inches (203.2 cm) in length or 3/8-inch 
(0.95-cm) steel cable 75 \1/2\ inches (191.8 cm) in length. If twine is 
used, the twine must be laced in and out of the extension webbing 39 
meshes behind the leading edge, and the ends must be tied together. If 
cable is used, the cable must be joined at its ends by a 3-inch (7.6-
cm) piece of 3/8-inch (0.95-cm) aluminum pipe and pressed together with 
a 1/4-inch (0.64-cm) die to form a hoop. The inside diameter of this 
hoop must be between 23 and 25 inches (58.4 and 63.4 cm). The hoop must 
be attached to the extension webbing 39 meshes behind the leading edge. 
The extension webbing must be quartered and attached in four places 
around the hoop, and every other mesh must be attached all the way 
around the hoop using number 24 twine or larger. The hoop must be laced 
with 3/8-inch (0.95-cm) polypropylene or polyethylene rope for 
chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 1 
\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29 \1/2\ meshes on the leading edge by 23 meshes deep. The top 
and bottom sections are 29 \1/2\ meshes on the leading edge by 23 
meshes deep and tapered 1 point 2 bars on both sides down to 8 meshes 
across the back. The four sections must be sewn together down the 23-
mesh edge to form the funnel.
    (e) Attachment of the funnel in the webbing extension. The funnel 
must be installed two meshes behind the leading edge of the extension 
starting at the center seam of the extension and the center mesh of the 
funnel's top section leading edge. On the same row of meshes, the 
funnel must be sewn evenly all the way around the inside of the 
extension. The funnel's top and bottom back edges must be attached one 
mesh behind the 28-inch (71.1-cm) cable hoop (front hoop). Starting at 
the top center seam, the back edge of the top funnel section must be 
attached four meshes each side of the center. Counting around 60 meshes 
from the top center, the back edge of the bottom section must be 
attached 4 meshes on each side of the bottom center. Clearance between 
the side of the funnel and the 28-inch (71.1-cm) cable hoop (front 
hoop) must be at least 6 inches (15.2 cm) when measured in the hanging 
position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior 
edge of the turtle excluder device (TED) grid. The area of the escape 
opening must total at least 864 in2 (5,574.2 
cm2). Two escape openings 10 meshes wide by 13 meshes deep 
must be cut 6 meshes apart in the extension webbing, starting at the 
top center extension seam, 3 meshes back from the leading edge and 16 
meshes to the left and to the right (total of four openings). The four 
escape openings must be double selvaged for strength.
    (g) Alternative Method for Constructing the Funnel and Escape 
Openings. The following method for constructing the funnel and escape 
openings may be used instead of the method described in paragraphs 
F.2.d., F.2.e., and F.2.f. of this section. With this alternative 
method, the funnel and escape openings are formed by cutting a flap in 
each side of the extension webbing; pushing the flaps inward; and 
attaching the top and bottom edges along the bars of the extension 
webbing to form the v-shape of the funnel. Minimum requirements 
applicable to this method include: (1) The funnel's top and bottom back 
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop 
(front hoop). (2) Clearance between the side of the funnel and the 28-
inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 
cm) when measured in the hanging position. (3) The leading edge of the 
escape opening must be located within 18 inches (45.7 cm) of the 
posterior edge of the turtle excluder device (TED) grid. (4) The area 
of the escape opening must total at least 864 in2 (5,574.2 
cm2). To construct the funnel and escape openings using this 
method, begin 3 \1/2\ meshes from the leading edge of the extension, at 
the top center seam, count over 18 meshes on each side, and cut 13 
meshes toward the back of the extension. Turn parallel to the leading 
edge, and cut 26 meshes toward the bottom center of the extension. 
Next, turn parallel to the top center seam, and cut 13 meshes forward 
toward the leading edge, creating a flap of webbing 13 meshes by 26 
meshes by 13 meshes. Lengthen the flap to 18 meshes by adding a 4 \1/
2\-mesh by 26-mesh rectangular section of webbing to the 26-mesh edge. 
Attach the 18-mesh edges to the top and bottom of the extension by 
sewing 2 bars of the extension to 1 mesh on the flap in toward the top 
center and bottom center of the extension, forming the exit opening and 
the funnel. Connect the two flaps together in the center with a 7-inch 
piece of number 42 twine to allow adequate clearance for fish 
escapement between the flaps and the side openings. On each side, sew a 
6-mesh by 10 \1/2\-mesh section of webbing to 6 meshes of the center of 
the 26-mesh

[[Page 64433]]

cut on the extension and 6 meshes centered between the 13-mesh cuts 3 
\1/2\ meshes from the leading edge. This forms two 10-mesh by 13-mesh 
openings on each side.
    (h) Cone fish deflector. The cone fish deflector is constructed of 
2 pieces of 1 5/8-inch (4.13-cm) polypropylene or polyethylene webbing, 
40 meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 10-14 inches (25.4-35.6 
cm) of the posterior edge of the funnel.
    (i) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of 5/16-inch (0.79-cm) or 3/8-inch (0.95-cm) cable 
34 \1/2\ inches (87.6 cm) in length. The ends must be joined by a 3-
inch (7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe pressed 
together with a 1/4-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the 
way around with heavy twine.
    (j) Installation of the cone in the extension. The cone must be 
installed in the extension 12 inches (30.5 cm) behind the back edge of 
the funnel and attached in four places. The midpoint of a piece of 
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine must be attached to the 28-inch (71.1-cm) 
cable hoop at the center of each of its sides; the points of attachment 
for the two pieces of twine must be measured 20 inches (50.8 cm) from 
the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine 
must be attached to the top and bottom of the 11-inch (27.9-cm) cone 
hoop. The opposite ends of these two pieces of twine must be attached 
to the top and bottom center of the 24-inch (61-cm) cable hoop; the 
points of attachment for the two pieces of twine must be measured 4 
inches (10.2 cm) from the points where they are tied to the 11-inch 
(27.9-cm) cone hoop.
[FR Doc. 98-30993 Filed 11-6-8; 5:04 pm]
BILLING CODE 3510-22-F