[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7626-7628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01619]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230119-0020]
RIN 0648-BJ04


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Omega Electronic Mesh Measurement Gauge Method for 
Measuring Net Mesh Size

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

[[Page 7627]]


ACTION: Final rule.

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SUMMARY: This rule modifies regulations to add the Omega net mesh 
measurement gauge as a permissible device for net mesh measurement and 
to correct regulatory references to gear restrictions. This action is 
required to allow the use of the Omega gauge as a method for measuring 
and enforcing net mesh size. Adoption of the Omega gauge, a handheld 
electronic device, is intended to improve the efficiency, safety, and 
cost-effectiveness of at-sea net mesh enforcement.

DATES: Effective February 6, 2023.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, phone: (978) 281-9232; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Omega Electronic Net Mesh Measurement Gauge

    Under section 305(d) of the Magnuson-Stevens Fishery Conservation 
and Management Act, the Secretary of Commerce is authorized to 
implement regulations that are necessary to carry out any fishery 
management plan or amendment. We have determined that the adoption of 
the Omega electronic net mesh measurement gauge (Omega gauge) as an 
enforcement tool by the U.S. Coast Guard, NMFS Office of Law 
Enforcement, and other authorized enforcement agencies to measure net 
mesh sizes of trawl gear will improve the safety, efficiency, and cost-
effectiveness of enforcement boardings at-sea. The Omega gauge will 
assist in the enforcement of gear requirements for all fishery 
management plans (FMP) administered by the Greater Atlantic Regional 
Fisheries Office, but is otherwise administrative and will not result 
in any changes to fishing behavior or obligations of the fishing 
industry. We are amending the regulations in Sec. Sec.  
648.51(a)(2)(ii) and (b)(4)(v), 648.80(f)(2), and 648.108(a)(2) to add 
the Omega gauge to trawl net mesh measurement protocols.
    The Omega gauge is an automated, handheld electronic device for 
measuring net mesh size. A full description of its properties is 
available in the proposed rule (87 FR 59386, September 30, 2022).
    Following the recommendation of its Joint Enforcement Committee and 
Advisory Panel, the New England Fishery Management Council recommended 
the use of the Omega gauge for net mesh size measurement. Subsequently, 
the NOAA Office of Law Enforcement and Office of General Counsel 
reviewed the study results, operations manual, and other information 
and determined the Omega gauge is suitable for net mesh measurements.

Regulatory Corrections

    We are also amending the regulations at Sec. Sec.  648.80(c)(2)(i) 
and (ii) and 648.125(a)(2) to correct cross-references that erroneously 
direct readers to minimum fish sizes in the summer flounder fishery at 
Sec.  648.104. The correct reference is to summer flounder gear 
restrictions at Sec.  648.108(a)(2).
    The erroneous cross-references contribute to public confusion and 
potential misunderstanding of gear requirements and restrictions. This 
correction will ensure accurate information and notice is provided to 
fishing industry participants of these requirements and restrictions. 
This correction clarifies compliance requirements and does not impose 
any new requirements. Correcting this cross-reference error improves 
clarity and reduces chances for confusion. The gear requirements in the 
corrected cross-references are longstanding, have been widely and 
regularly communicated in NMFS' bulletins, permit-holder letters, and 
website. Based on this NMFS expects that vessels are already in 
compliance with the gear requirements in the cross-references being 
corrected.

Comments and Responses

    We received no comments on the proposed rule and, as such, no 
substantive changes from the proposed rule were made as a result of the 
open comment period.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. Pursuant to Magnuson-Stevens Act section 305(d), this 
action is necessary to carry out the trawl net mesh measurement 
regulations for all FMPs administered by the Greater Atlantic Regional 
Fisheries Office. It provides an efficient, safe, and cost-effective 
tool for net mesh size enforcement that is expected to lead to improved 
boardings-at-sea and more effective implementation and enforcement of 
net mesh size requirements. The NMFS Assistant Administrator has 
determined that this final rule is consistent with the Magnuson-Stevens 
Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date for this rule. The 30-day delay in effective 
date is unnecessary and would be contrary to the public interest. This 
rule is not controversial and is easy to understand, as evidenced by 
the lack of any public comment on this rule. Further, the 30-day 
delayed effective date is unnecessary because adoption of the Omega 
gauge by Coast Guard or NMFS authorized officers does not require 
vessels to change any fishing behavior. The Omega gauge is a tool for 
authorized officers to use to measure fish mesh size for compliance 
with current, long-existing mesh size requirements. Delayed use of the 
Omega gauge is also contrary to the public interest because it is 
expected to benefit vessel and operator permit holders and vessel 
crewmembers by improving the efficiency of at-sea boardings without 
imposing any new costs on them.
    Delay in the effective date of this rule would also be unnecessary 
and contrary to the public interest because current regulations 
relating to summer flounder vessel net requirements include incorrect 
references to summer flounder permitted vessel gear requirements. This 
rule corrects that mistake and thereby provides accurate notice to 
fishermen of their compliance requirements. Implementing correct 
information thus avoids any potential confusion and facilitates 
compliance and fishing practices consistent with the summer flounder 
fishery management plan's requirements.
    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. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule does not contain any information collection 
requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: January 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

[[Page 7628]]

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, revise paragraphs (a)(2)(ii) and (b)(4)(v) to read 
as follows:


Sec.  648.51  Gear and crew restrictions.

    (a) * * *
    (2) * * *
    (ii) Measurement of mesh size. Mesh size is measured by using an 
electronic Omega gauge or a wedge-shaped gauge. The Omega gauge has a 
measuring range of at least 10-300 mm (0.4 inches-11.81 inches), and 
shall be inserted into the meshes under a pressure or pull of 125 N or 
12.75 kg for mesh greater than or equal to 55 mm (2.17 inches) and 
under a pressure or pull of 50 N or 5.10 kg for mesh less than 55 mm 
(2.17 inches). The wedge shaped gauge, with a taper of 2 cm (0.79 
inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches), 
shall be 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 
when using either the Omega gauge or the wedge-shaped gauge. 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.
* * * * *
    (b) * * *
    (4) * * *
    (v) Measurement of twine top mesh size. Twine top mesh size is 
measured by using an electronic Omega gauge or a wedge-shaped gauge. 
The Omega gauge has a measuring range of at least 10-300 mm (0.4 
inches-11.81 inches), and shall be inserted into the meshes under a 
pressure or pull of 125 N or 12.75 kg for mesh greater than or equal to 
55 mm (2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for 
mesh less than 55 mm (2.17 inches). The wedge shaped gauge, with a 
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches) and a thickness of 
2.3 mm (0.09 inches), shall be inserted into the meshes under a 
pressure or pull of 8 kg (17.64 lb). The mesh size is the average of 
the measurements of any series of 20 consecutive meshes for twine tops 
having 75 or more meshes, and 10 consecutive meshes for twine tops 
having fewer than 75 meshes when using either the Omega gauge or the 
wedge-shaped gauge. The mesh in the twine top must be measured along 
the length of the twine top, running parallel to a longitudinal axis, 
and be at least five meshes away from where the twine top mesh meets 
the rings, running parallel to the long axis of the twine top.
* * * * *

0
3. In Sec.  648.80, revise paragraphs (c)(2)(i) and (ii) and (f)(2) 
introductory text to read as follows:


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

* * * * *
    (c) * * *
    (2) * * *
    (i) Vessels using trawls. Except as provided in paragraph 
(c)(2)(iii) of this section, and Sec.  648.85(b)(6), the minimum mesh 
size for any trawl net not stowed and not available for immediate use 
as defined in Sec.  648.2, on a vessel or used by a vessel fishing 
under the NE multispecies DAS program or on a sector trip in the MA 
Regulated Mesh Area, shall be that specified by Sec.  648.108(a), 
applied throughout the body and extension of the net, or any 
combination thereof, and 6.5-inch (16.5-cm) diamond or square mesh 
applied to the codend of the net, as defined in paragraph (a)(3)(i) of 
this section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (c)(2)(iii) of this section, the 
minimum mesh size for any sink gillnet, Scottish seine, midwater trawl, 
or purse seine, not stowed and not available for immediate use as 
defined in Sec.  648.2, on a vessel or used by a vessel fishing under a 
DAS in the NE multispecies DAS program in the MA Regulated Mesh Area, 
shall be that specified in Sec.  648.108(a). This restriction does not 
apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
* * * * *
    (f) * * *
    (2) All other nets. With the exception of gillnets, mesh size is 
measured by an electronic Omega gauge or a wedge-shaped gauge. The 
Omega gauge has a measuring range of at least 10-300 mm (0.4 inches-
11.81 inches), and shall be inserted into the meshes under a pressure 
or pull of 125 N or 12.75 kg for mesh greater than or equal to 55 mm 
(2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for mesh 
less than 55 mm (2.17 inches). The wedge shaped gauge, with a taper of 
2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 2.3 mm 
(0.09 inches), shall be 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.  648.108, revise paragraph (a)(2) to read as follows:


Sec.  648.108  Summer flounder gear restrictions.

    (a) * * *
    (2) Mesh size is measured by using an electronic Omega gauge or a 
wedge-shaped gauge. The Omega gauge has a measuring range of at least 
10-300 mm (0.4 inches-11.81 inches), and shall be inserted into the 
meshes under a pressure or pull of 125 N or 12.75 kg for mesh greater 
than or equal to 55 mm (2.17 inches) and under a pressure or pull of 50 
N or 5.10 kg for mesh less than 55 mm (2.17 inches). The wedge shaped 
gauge, with a taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a 
thickness of 2.3 mm (0.09 inches), shall be 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, when using either the Omega gauge or the 
wedge-shaped gauge. 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
5. In Sec.  648.125, revise paragraph (a)(2) to read as follows:


Sec.  648.125  Scup gear restrictions.

    (a) * * *
    (2) Mesh-size measurement. Mesh sizes will be measured according to 
the procedure specified in Sec.  648.108(a)(2).
* * * * *
[FR Doc. 2023-01619 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-22-P