[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