[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Proposed Rules]
[Pages 1045-1048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 111104664-1798-01]
RIN 0648-BB61


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fisheries of the Gulf of Mexico and South Atlantic; Revisions of 
Bycatch Reduction Device Testing Protocols

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

ACTION: Proposed rule; request for comments.

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SUMMARY: In accordance with the framework procedures for adjusting 
management measures of the Fishery Management Plan for the Shrimp 
Fishery of the Gulf of Mexico (Gulf FMP) and the Fishery Management 
Plan for the Shrimp Fishery of the South Atlantic Region (South 
Atlantic FMP), this rule would certify two new bycatch reduction 
devices (BRDs) for use in the Gulf of Mexico (Gulf) and South Atlantic 
shrimp fisheries, and revise a harvesting restriction for shrimp 
vessels fishing in Federal waters of the Gulf. Both BRDs represent 
modifications to the Composite Panel BRD, which is provisionally 
certified through May 24, 2012. This rule would incorporate these BRDs 
to the list of allowable BRDs, and provide technical specifications for 
the construction and subsequent legal enforcement of these BRDs. 
Additionally, this rule would revise the shrimp effort reduction 
threshold for the Gulf shrimp fishery. The intended effect of this 
proposed rule is to improve bycatch reduction efforts in the Gulf and 
South Atlantic shrimp fisheries, provide greater flexibility to the 
industry, reduce the social and economic impacts to fishing 
communities, and meet the requirements of National Standard 9 of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Written comments must be received on or before February 8, 2012.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0274, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov.
     Mail: Steve Branstetter, Southeast Regional Office, NMFS, 
263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal at 
http://www.regulations.gov, enter ``NOAA-NMFS-2011-0274'' in the 
keyword search, then select ``Send a Comment or Submission.'' NMFS will 
accept anonymous comments. Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, Wordperfect, or Adobe PDF file 
formats only.
    Comments received through means not specified in this rule will not 
be considered.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: (727) 
824-5305, fax: (727) 824-5308, email: [email protected].

SUPPLEMENTARY INFORMATION: The shrimp fishery in the exclusive economic 
zone (EEZ) of the Gulf is managed under the Gulf FMP prepared by the 
Gulf of Mexico Fishery Management Council (Gulf Council), and the 
shrimp fishery in the EEZ of the South Atlantic is managed under the 
South Atlantic FMP prepared by the South Atlantic Fishery Management 
Council (South Atlantic Council). The Gulf and South Atlantic FMPs are 
implemented under the authority of the Magnuson-Stevens Act by 
regulations at 50 CFR part 622.

Management Measures Contained in This Proposed Rule

    This rule would certify two new BRDs for use in the Gulf and South 
Atlantic shrimp fisheries, and revise a harvesting restriction for 
shrimp vessels fishing in Federal waters of the Gulf.

BRD Certifications

    BRDs are modifications to trawl nets that limit the amount of non-
targeted species caught during a fishing trip. Federal regulations 
require BRDs to be installed in shrimp trawls in nearly all 
southeastern shrimp fisheries conducted in Federal waters. The South 
Atlantic Council established this requirement in 1997 (April 16, 1997, 
62 FR 18536). Similar requirements were established by the Gulf Council 
in 1998 for the western Gulf (April 14, 1998, 63 FR 18139), and in 2004 
for the eastern Gulf (January 9, 2004, 69 FR 1538).
    In 2008, NMFS published a final rule (February 13, 2008, 73 FR 
8219) establishing a standardized criterion by which all BRDs are 
certified for use in the southeastern shrimp fisheries. To be certified 
for use in the fisheries, data collected under a standardized sampling 
procedure must demonstrate a BRD candidate reduces finfish biomass by 
at least 30 percent. To ensure the statistical certainty in regard to 
the sample mean value, under a Bayesian approach, the result must meet 
two probability statements:
    1. ``There is a 50 percent probability the true reduction rate 
meets the bycatch reduction criterion,'' and
    2. ``There is no more than a 10 percent probability the true 
reduction rate is more than 5 percent less than the bycatch reduction 
criterion.''
    In addition, NMFS established a provisional certification status 
that applies to a BRD candidate not quite meeting the criteria for 
certification. A BRD provisional certification is effective for 2 years 
from the date of a publication in the Federal Register originally 
announcing the provisional certification. This time period is intended 
to allow additional wide-scale industry evaluation of the BRD 
candidate. The intent is to also further refine the design or 
application of the BRD candidate so it can eventually meet the 
certification criterion with greater certainty. To be provisionally 
certified, statistical analyses of the test results for a BRD candidate 
must demonstrate:

    There is at least a 50 percent probability the true reduction 
rate of the BRD candidate is no more than 5 percent less than the 
bycatch reduction criterion (i.e., the BRD candidate demonstrates a 
best point estimate [sample mean] of 25 percent or greater for 
finfish bycatch reduction).

    In 2008, NMFS published a final rule (February 13, 2008, 73 FR 
8219) which provisionally certified the Composite Panel BRD for use in 
Federal waters throughout the Gulf and South Atlantic. The initial test 
data for this BRD indicated there is a 52 percent probability the true 
reduction rate of this BRD design is at least 25 percent.
    The provisional certification of the Composite Panel BRD in the 
Gulf and South Atlantic, along with the

[[Page 1046]]

Expanded Mesh BRD in the Gulf, was extended in 2010 through May 24, 
2012 (May 24, 2010, 75 FR 28760). No new data were available to 
indicate these two BRDs no longer met the provisional certification 
criterion. As of May 25, 2012, 2 years after the provisional 
certification expires, both provisionally certified BRDs will be 
automatically decertified, and not allowed for use in the shrimp 
fisheries. It should be noted that the Expanded Mesh BRD remains fully 
certified for use in the South Atlantic after May 25, 2012.
    Since 2010, subsequent industry testing has occurred for various 
modifications to the Composite Panel BRD following standardized 
procedures outlined by NMFS and using NMFS-approved observers to 
collect the data. Subsequently, NMFS' Southeast Fisheries Science 
Center personnel conducted the statistical analyses of the data 
collected on two of these modified versions of the Composite Panel BRD. 
One version incorporates the addition of a square mesh panel [Square 
Mesh Panel (SMP) Composite Panel BRD]; the other version incorporates 
the addition of a cone fish deflector in the cod end of the trawl 
behind the BRD (Cone Fish Deflector Composite Panel BRD). Results 
indicated the SMP Composite Panel BRD reduces finfish biomass by 49.9 
percent with a 95 percent confidence interval of 44.1 to 55.6 percent. 
A Bayesian analysis indicates a 100 percent probability that the 
reduction rate exceeds the target 30 percent finfish biomass reduction, 
and there is less than a 1 percent probability that the reduction rate 
is less than the minimum threshold of 25 percent. Results for the Cone 
Fish Deflector Composite Panel BRD indicate it reduces finfish biomass 
by 51.3 percent with a 95 percent confidence interval of 45.0 to 57.7 
percent. A Bayesian analysis indicates a 100 percent probability that 
the reduction rate exceeds the target 30 percent finfish biomass 
reduction, and there is less than a 1 percent probability that the 
reduction rate is less than the minimum threshold of 25 percent.
    BRDs may have different capabilities under different fishing 
conditions, and having a wider variety of BRDs for use in the fisheries 
would allow fishermen to choose the most effective BRD for the specific 
local fishing conditions.

Gulf Shrimp Trawl Effort Threshold

    To end overfishing of Gulf red snapper by 2010, the 2005 Southeast 
Data, Assessment and Review (SEDAR 7) stock assessment results 
indicated the benchmark 2001-2003 level of red snapper bycatch 
mortality attributable to shrimp fishing needed to be reduced by 74 
percent. Regulations implementing Amendment 14 to the Gulf FMP (January 
29, 2008, 73 FR 5117) established, for 2008 through 2010, an effort 
reduction threshold 74 percent less than the effort during the 
benchmark years. This threshold applies to fishing effort expended by 
the shrimp fleet between the 10 fathom (18.3 m) and 30 fathom (54.9 m) 
depth contours from Mobile Bay, Alabama to the Texas-Mexico border. The 
depth stratum in this geographic range is known to have higher 
concentrations of juvenile red snapper.
    In establishing this regulation, the Gulf Council recognized that 
recovery of the red snapper stock would provide direct benefits through 
incremental increases in allowable catch to those persons in the 
directed reef fish fishery who target red snapper. However, there are 
no similar direct benefits accruable to the shrimp fishery for its 
contribution towards rebuilding the red snapper stock. Therefore, to 
provide some recovery benefit for the Gulf shrimp fishery, the Gulf 
Council decided to relax the threshold for bycatch mortality reduction 
over time. In Amendment 14, the Gulf Council decided the effort 
threshold for the shrimp fishery should be relaxed to a 67 percent 
reduction from the 2001-2003 benchmark beginning in 2011, contingent 
upon updated stock assessments indicating the red snapper stock is 
rebuilding on schedule, and that overfishing ended by 2010.
    An update assessment for red snapper was conducted in August 2009. 
The conclusions of the update assessment projected that overfishing 
likely ended in 2009, and the stock appeared to be increasing in 
accordance with the rebuilding plan targets. Based on these results, 
the Gulf Council submitted regulatory amendments to the Gulf reef fish 
FMP in 2010 and 2011 to increase the allowable catch for the directed 
reef fish fishery in each of those years, and NMFS implemented the 
allowable harvest increases through subsequent rulemaking (May 1, 2010, 
75 FR 23186; April 29, 2011, 76 FR 23911).
    Given that the Gulf red snapper stock appears to be rebuilding at 
the expected levels, and overfishing is projected to have ended, the 
directed reef fish fishery for red snapper is recognizing the benefits 
of stock recovery. This rulemaking to relax the shrimp effort threshold 
is intended to provide similar benefits to the shrimp fleet, as 
intended by the Gulf Council.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Gulf and South Atlantic FMPs, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this determination is as follows.
    This proposed rule would not impose any new requirements on fishing 
entities in the southeastern shrimp fisheries. There are 2,144 unique 
vessels with permits to harvest shrimp in the EEZ of the Gulf and South 
Atlantic. These shrimp trawlers are already required to have a BRD 
installed in their shrimp nets and fishermen can continue to use their 
existing BRD. The proposed action would certify two new BRDs and simply 
allow fishermen, at their discretion, to use an alternative BRD in 
their shrimp nets. It would also provide greater flexibility in the 
construction and installation requirements for the Composite Panel BRD. 
Any decision to use alternative gear would be expected to occur only if 
its use would result in improved performance by the fishing vessel. As 
a result, any economic effects on any entity--large or small--are 
expected to be positive. Providing greater flexibility in the 
construction and installation requirements for the two new BRDs is also 
expected to lower costs and result in no additional adverse economic 
effects.
    The proposed action to reduce the bycatch reduction threshold for 
juvenile red snapper in the Gulf shrimp fishery from 74 percent to 67 
percent is also not expected to have direct economic effects on the 
1,707 vessels with permits to harvest shrimp from the Gulf EEZ. If 
economic conditions in the fishery improve, decreasing the bycatch 
reduction threshold would allow vessels to increase their effort and 
thereby increase their gross revenue and potentially their profits. 
Further, the proposed reduction in bycatch threshold, and the resulting 
potential increase in fishing effort, is consistent with the red 
snapper rebuilding plan

[[Page 1047]]

and the most recent red snapper stock assessment.
    Because this rule, if implemented, is not expected to have a 
significant direct economic impact on a substantial number of small 
entities, an initial regulatory flexibility analysis is not required 
and none has been prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: January 4, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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.  622.34, the second sentence of paragraph (l)(1) is 
revised to read as follows:


Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (l) * * *
    (1) * * * The RA's determination of the need for such closure and 
its geographical scope and duration will be based on an annual 
assessment, by the Southeast Fisheries Science Center, of the shrimp 
effort and associated shrimp trawl bycatch mortality on red snapper in 
the 10-30 fathom area of statistical zones 10-21, compared to the 67-
percent target reduction of shrimp trawl bycatch mortality on red 
snapper from the benchmark years of 2001-2003 established in the FMP. * 
* *
* * * * *
    3. In Sec.  622.41, paragraph (g)(3)(ii) is removed and reserved 
and paragraphs (g)(3)(i)(G) and (H) are added to read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (g) * * *
    (3) * * *
    (i) * * *
    (G) Cone Fish Deflector Composite Panel.
    (H) Square Mesh Panel (SMP) Composite Panel.
* * * * *
    4. In Appendix D to part 622, paragraph (G) is revised and 
paragraph (H) is added to read as follows:

Appendix D to Part 622B--Specifications for Certified BRDs

* * * * *

G. Cone Fish Deflector Composite Panel

    1. Description. The Cone Fish Deflector Composite Panel BRD is a 
variation to the alternative funnel construction method of the 
Jones-Davis BRD, except the funnel is assembled by using depth-
stretched and heat-set polyethylene webbing with square mesh panels 
on the inside instead of the flaps formed from the extension 
webbing. In addition, no hoops are used to hold the BRD open.
    2. Minimum Construction and Installation Requirements. The Cone 
Fish Deflector Composite Panel BRD must contain all of the 
following:
    (a) Webbing extension. The webbing extension must be constructed 
from a single rectangular piece of 1\1/2\-inch to 1\3/4\-inch (3.8-
cm to 4.5-cm) stretch mesh number with dimensions of 24\1/2\ meshes 
by 150 to 160 meshes. A tube is formed from the extension webbing 
piece by sewing the 24\1/2\-mesh sides together. The leading edge of 
the webbing extension must be attached no more than 4 meshes from 
the posterior edge of the TED grid.
    (b) Funnel. The V-shaped funnel consists of two webbing panels 
attached to the extension along the leading edge of the panels. The 
top and bottom edges of the panels are sewn diagonally across the 
extension toward the center to form the funnel. The panels are 2-ply 
in design, each with an inner layer of 1\1/2\-inch to 1\5/8\-inch 
(3.8-cm to 4.1-cm) heat-set and depth-stretched polyethylene webbing 
and an outer layer constructed of no larger than 2-inch (5.1-cm) 
square mesh webbing (1-inch bar). The inner webbing layer must be 
rectangular in shape, 36 meshes on the leading edge by 20 meshes 
deep. The 36-mesh leading edges of the polyethylene webbing should 
be sewn evenly to 24 meshes of the extension webbing 1\1/2\ meshes 
from and parallel to the leading edge of the extension starting 12 
meshes up from the bottom center on each side. Alternately sew 2 
meshes of the polyethylene webbing to 1 mesh of the extension 
webbing then 1 mesh of the polyethylene webbing to 1 mesh of the 
extension webbing toward the top. The bottom 20-mesh edges of the 
polyethylene layers are sewn evenly to the extension webbing on a 2 
bar 1 mesh angle toward the bottom back center forming a v-shape in 
the bottom of the extension webbing. The top 20-mesh edges of the 
polyethylene layers are sewn evenly along the bars of the extension 
webbing toward the top back center. The square mesh layers must be 
rectangular in shape and constructed of no larger than 2-inch (5.1-
cm) webbing that is 18 inches (45.7 cm) in length on the leading 
edge. The depth of the square mesh layer must be no more than 2 
inches (5.1 cm) less than the 20 mesh side of the inner polyethylene 
layer when stretched taught. The 18-inch (45.7-cm) leading edge of 
each square mesh layer must be sewn evenly to the 36-mesh leading 
edge of the polyethylene section and the sides are sewn evenly (in 
length) to the 20-mesh edges of the polyethylene webbing. This will 
form a v-shape funnel using the top of the extension webbing as the 
top of the funnel and the bottom of the extension webbing as the 
bottom of the funnel.
    (c) Cutting the escape opening. There are two escape openings on 
each side of the funnel. The leading edge of the escape openings 
must be located on the same row of meshes in the extension webbing 
as the leading edge of the composite panels. The lower openings are 
formed by starting at the first attachment point of the composite 
panels and cutting 9 meshes in the extension webbing on an even row 
of meshes toward the top of the extension. Next, turn 90 degrees and 
cut 15 points on an even row toward the back of the extension 
webbing. At this point turn and cut 18 bars toward the bottom front 
of the extension webbing. Finish the escape opening by cutting 6 
points toward the original starting point. The top escape openings 
start 5 meshes above and mirror the lower openings. Starting at the 
leading edge of the composite panel and 5 meshes above the lower 
escape opening, cut 9 meshes in the extension on an even row of 
meshes toward the top of the extension. Next, turn 90 degrees, and 
cut 6 points on an even row toward the back of the extension 
webbing. Then cut 18 bars toward the bottom back of the extension. 
To complete the escape opening, cut 15 points forward toward the 
original starting point. The area of each escape opening must total 
at least 212 in\2\ (1,368 cm\2\). The four escape openings must be 
double selvaged for strength.
    (d) Cone fish deflector. The cone fish deflector is constructed 
of 2 pieces of 1\5/8\-inch (4.1-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 12 inches (30.5 cm) of the posterior edge of the funnel.
    (e) 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.
    (f) Installation of the cone in the extension. The apex of the 
cone must be installed in the extension within 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 (or at least 4-mesh wide 
strip of number 21 or heavier webbing) 3 ft (1.22 m) in length must 
be attached to the apex of the cone. This piece of twine or webbing 
must be attached within 5 meshes of the aft edge of the funnel at 
the center of each of its sides. Two 12-inch (30.5-cm) pieces of 
number 60 (or heavier) 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 
extension webbing to keep the cone from inverting into the funnel.

[[Page 1048]]

H. Square Mesh Panel (SMP) Composite Panel

    1. Description. The SMP is a panel of square mesh webbing placed 
in the top of the cod end to provide finfish escape openings.
    2. Minimum Construction and Installation Requirements. The SMP 
Composite Panel BRD must contain all of the following:
    (a) Webbing extension. The webbing extension must be constructed 
from a single rectangular piece of 1\1/2\-inch to 1\3/4\-inch (3.8-
cm to 4.5-cm) stretch mesh number with dimensions of 24\1/2\ meshes 
by 150 to 160 meshes. A tube is formed from the extension webbing 
piece by sewing the 24\1/2\-mesh sides together. The leading edge of 
the webbing extension must be attached no more than 4 meshes from 
the posterior edge of the TED grid.
    (b) Funnel. The V-shaped funnel consists of two webbing panels 
attached to the extension along the leading edge of the panels. The 
top and bottom edges of the panels are sewn diagonally across the 
extension toward the center to form the funnel. The panels are 2-ply 
in design, each with an inner layer of 1\1/2\-inch to 1\5/8\-inch 
(3.8-cm to 4.1-cm) heat-set and depth-stretched polyethylene webbing 
and an outer layer constructed of no larger than 2-inch (5.1-cm) 
square mesh webbing (1-inch bar). The inner webbing layer must be 
rectangular in shape, 36 meshes on the leading edge by 20 meshes 
deep. The 36-mesh leading edges of the polyethylene webbing should 
be sewn evenly to 24 meshes of the extension webbing 1\1/2\ meshes 
from and parallel to the leading edge of the extension starting 12 
meshes up from the bottom center on each side. Alternately sew 2 
meshes of the polyethylene webbing to 1 mesh of the extension 
webbing then 1 mesh of the polyethylene webbing to 1 mesh of the 
extension webbing toward the top. The bottom 20-mesh edges of the 
polyethylene layers are sewn evenly to the extension webbing on a 2 
bar 1 mesh angle toward the bottom back center forming a v-shape in 
the bottom of the extension webbing. The top 20-mesh edges of the 
polyethylene layers are sewn evenly along the bars of the extension 
webbing toward the top back center. The square mesh layers must be 
rectangular in shape and constructed of no larger than 2-inch (5.1-
cm) webbing that is 18 inches (45.7 cm) in length on the leading 
edge. The depth of the square mesh layer must be no more than 2 
inches (5.1 cm) less than the 20 mesh side of the inner polyethylene 
layer when stretched taut. The 18-inch (45.7-cm) leading edge of 
each square mesh layer must be sewn evenly to the 36-mesh leading 
edge of the polyethylene section and the sides are sewn evenly (in 
length) to the 20-mesh edges of the polyethylene webbing. This will 
form a v-shape funnel using the top of the extension webbing as the 
top of the funnel and the bottom of the extension webbing as the 
bottom of the funnel.
    (c) Cutting the escape opening. There are two escape openings on 
each side of the funnel. The leading edge of the escape openings 
must be located on the same row of meshes in the extension webbing 
as the leading edge of the composite panels. The lower openings are 
formed by starting at the first attachment point of the composite 
panels and cutting 9 meshes in the extension webbing on an even row 
of meshes toward the top of the extension. Next, turn 90 degrees and 
cut 15 points on an even row toward the back of the extension 
webbing. At this point turn and cut 18 bars toward the bottom front 
of the extension webbing. Finish the escape opening by cutting 6 
points toward the original starting point. The top escape openings 
start 5 meshes above and mirror the lower openings. Starting at the 
leading edge of the composite panel and 5 meshes above the lower 
escape opening, cut 9 meshes in the extension on an even row of 
meshes toward the top of the extension. Next, turn 90 degrees, and 
cut 6 points on an even row toward the back of the extension 
webbing. Then cut 18 bars toward the bottom back of the extension. 
To complete the escape opening, cut 15 points forward toward the 
original starting point. The area of each escape opening must total 
at least 212 in\2\ (1,368 cm\2\). The four escape openings must be 
double selvaged for strength.
    (d) SMP. The SMP is constructed from a single piece of square 
mesh webbing with a minimum dimension of 5 squares wide and 12 
squares in length with a minimum mesh size of 3-in (76-mm) stretched 
mesh. The maximum twine diameter of the square mesh is 96 
twine (4 mm).
    (e) Cutting the SMP escape opening. The escape opening is a 
rectangular hole cut in the top center of the cod end webbing. The 
posterior edge of the escape opening must be placed no farther 
forward that 8 ft (2.4 m) from the cod end drawstring (tie-off 
rings). The width of the escape opening, as measured across the cod 
end, must be four cod end meshes per square of the SMP (i.e. a cut 
of 20 cod end meshes for a SMP that is 5 meshes wide). The stretched 
mesh length of the escape opening must be equal to the total length 
of the SMP. No portion of the SMP escape opening may be covered with 
additional material or netting such as chaffing webbing which might 
impede or prevent fish escapement.
    (f) Installation of the SMP. The SMP must be attached to the 
edge of the escape opening evenly around the perimeter of the escape 
opening cut with heavy twine.

[FR Doc. 2012-153 Filed 1-6-12; 8:45 am]
BILLING CODE 3510-22-P