[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Rules and Regulations]
[Pages 8287-8289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3241]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060906236-7028-02; I.D. 083006B]
RIN 0648-AU83


Fisheries of the Northeastern United States; Method For Measuring 
Net Mesh Size

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

ACTION: Final rule.

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SUMMARY: NMFS amends the regulations governing how fishing net mesh 
size is measured in the Northeast. This change will increase the weight 
used to measure mesh at or larger than 120 mm in all fisheries. The 
intent of this rule is to ensure consistent and accurate measurements 
of fishing net mesh size.

DATES: Effective May 1, 2007.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management 
Specialist, (978) 281-9341, FAX (978) 281-9135.

SUPPLEMENTARY INFORMATION:

[[Page 8288]]

Background

    In recent months, fishing industry representatives have expressed 
concern that net measurements of larger mesh sizes may not result in 
accurate measurements. They have claimed that the twine bars of stiffer 
twines for the larger meshes may not align properly under a load of 5 
kg, which is the currently required weight for wedge-shaped gauges used 
to measure nets. In response to these concerns, the New England Fishery 
Management Council (Council) sent a letter, on April 19, 2006, to the 
Administrator, Northeast Region, NMFS (RA) requesting than an 8-kg 
weight be required to be used for meshes at or greater than 120 mm. The 
Council recommended the 8-kg weight because it appears to be consistent 
with international standards of net measurements.
    Upon consideration of this request and a survey of international 
standards, and in consultation with law enforcement officials, the RA 
determined that the Council's request was reasonable and that an 
increase in the weight of the wedge gauge may result in more accurate 
and consistent measurements. The 5-kg weight would still be used to 
measure meshes smaller than 120 mm. Enforcement officials have recently 
clarified that, in using the wedge-shaped gauge to measure meshes, they 
will not shake the net or press on the gauge to force it deeper into 
the mesh opening.
    The increased weight is not expected to result in any de facto 
reduction in legal mesh size. The increased weight is not enough to 
significantly distort the mesh and is not expected to result in the use 
of mesh smaller than that considered in previous analyses of 
environmental impacts.

Comments and Responses

    NMFS received seven written comments during the 30-day comment 
period for the September 26, 2006, proposed rule. Five respondents 
supported the proposed measure. One individual supported the adoption 
of a different measurement system for measure net mesh size. One 
commenter did not refer to the specific rule proposed. Significant 
issues and concerns are summarized as follows.
    Comment 1: One commenter supported the rule and additionally 
requested that NMFS arrange for training for all law enforcement 
personnel, including U.S. Coast Guard and state agencies, to assure 
uniform and consistent measurement of mesh size throughout the region. 
The commenter further expressed an interest in the U.S. Coast Guard 
being available to check net mesh size at the dock, perhaps in 
conjunction with safety checks.
    Response: Although not within the scope of this rule, NMFS 
encourages coordination among the various law enforcement agencies to 
ensure consistency in procedures throughout the region. Regarding the 
presence of U.S. Coast Guard personnel being available to check net 
mesh size at the dock, the U.S. Coast Guard determines the procedures 
that it considers most appropriate for its enforcement activities.
    Comment 2: Two commenters supported the rule and requested that the 
heavier weight be used for specific twine thickness or material, in 
addition to mesh size.
    Response: NMFS considers regulations that would require determining 
the specific twine material and/or thickness at sea would be too 
difficult to implement and enforce.
    Comment 3: One commenter supported the use of increased force for 
measuring large mesh sizes, but questioned the justification cited in 
the proposed rule for switching to an 8-kg weight. He felt that the 
proposed rule was not supported by the report cited, that 8 kg would 
not produce sufficient force, and that further justification should be 
provided. The commenter felt that the wedge gauge should be abandoned 
in favor of the new electronic OMEGA gauge.
    Response: NMFS considers the OMEGA gauge, introduced in 2005, as 
not yet having demonstrated the long-term reliability under field 
conditions that would be necessary before its adoption as an 
enforcement tool. Concerns have been raised about the requirement to 
calibrate the force measurement of the load cell by hanging a 
calibrated weight from the fixed jaw, since this can only be done under 
stable conditions that may not be present at sea. In addition, the 
electronic gauge does not have the long and established legal case 
history of the wedge gauge.
    The international standard EN ISO 16663-1:2003 specifies that a 
measuring force equivalent to a mass of 8 kg be applied to a wedge 
gauge for netting of mesh size above 120 mm. It also specifies that a 
force equivalent to 5 kg be used for mesh size above 50 mm up to 120 mm 
and a 2-kg weight be used for mesh of 50 mm or less. This final rule is 
consistent with these accepted international standards.
    One commenter did not specifically address the issues in the 
proposed rule but did express concerns about the pace of NMFS action 
and the prospects for marine sanctuaries. This final rule is not the 
proper mechanism to address these issues.

Classification

    This final rule is promulgated under NMFS's general rule making 
authority specified at 16 U.S.C. 1855(d) in order to carry out and 
enforce effectively the gear requirements of all Fishery Management 
Plans (FMPs) administered by the Northeast Region. The RA determined 
that this final rule is consistent with the Region's FMPs, is necessary 
for the conservation and management of the fisheries, and determined 
that the rule is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The RA has determined that this final rule is a minor technical 
addition, correction, or change to a management plan and is therefore 
categorically excluded from the requirement to prepare an Environmental 
Impact Statement or equivalent document under the National 
Environmental Policy Act.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification or on the economic impacts of the proposed 
rule. As a result, a regulatory flexibility analysis was not required 
and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated:February 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.51, paragraph (a)(2)(ii) is revised to read as follows:

[[Page 8289]]

Sec.  648.51  Gear and crew restrictions.

* * * * *
    (a) * * *
    (2) * * *
    (ii) Measurement of mesh size. Mesh size is measured by using a 
wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15 
inches) and a thickness of 2.3 mm (0.09 inches), inserted into the 
meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less 
than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 
lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh 
size is the average of the measurements of any series of 20 consecutive 
meshes for nets having 75 or more meshes, and 10 consecutive meshes for 
nets having fewer than 75 meshes. The mesh in the regulated portion of 
the net is measured at least five meshes away from the lacings running 
parallel to the long axis of the net.
* * * * *

0
3. In Sec.  648.80, paragraph (f)(2) is revised to read as follows:


Sec.  648.80  NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (f) * * *
    (2) All other nets. With the exception of gillnets, mesh size is 
measured by a wedge-shaped gauge having a taper of 2 cm (0.79 inches) 
in 8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches), 
inserted into the meshes under a pressure or pull of 5 kg (11.02 lb) 
for mesh size less than 120 mm (4.72 inches) and under a pressure or 
pull of 8 kg (17.64 lb) for mesh size at, or greater, than 120 mm (4.72 
inches).
* * * * *

0
4. In Sec.  648.104, paragraph (a)(2) is revised to read as follows:


Sec.  648.104  Gear restrictions.

* * * * *
    (a) * * *
    (2) Mesh size is measured by using a wedge-shaped gauge having a 
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 
2.3 mm (0.09 inches), inserted into the meshes under a pressure or pull 
of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and 
under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or 
greater than, 120 mm (4.72 inches). The mesh size is the average of the 
measurements of any series of 20 consecutive meshes for nets having 75 
or more meshes, and 10 consecutive meshes for nets having fewer than 75 
meshes. The mesh in the regulated portion of the net is measured at 
least five meshes away from the lacings, running parallel to the long 
axis of the net.
* * * * *
[FR Doc. E7-3241 Filed 2-23-07; 8:45 am]
BILLING CODE 3510-22-S