Fisheries of the Northeastern United States; Method For Measuring Net Mesh Size, 56098-56099 [06-8187]
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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules
peer reviewers to comment during the
public comment period on the specific
assumptions and conclusions regarding
the proposed prudency determination.
We will consider all comments and
information received during the
comment period on this proposed
determination during preparation of a
final determination. Accordingly, the
final decision may differ from this
proposal.
Clarity of the Rule
Executive Order 12866 requires each
agency to write regulations and notices
that are easy to understand. We invite
your comments on how to make this
proposed determination easier to
understand, including answers to
questions such as the following: (1) Are
the requirements in the proposed
determination clearly stated? (2) Does
the document contain technical jargon
that interferes with the clarity? (3) Does
the format of the document (grouping
and order of the sections, use of
headings, paragraphing, and so forth)
aid or reduce its clarity? (4) Is the
description of the notice in the
SUPPLEMENTARY INFORMATION section
helpful in understanding the proposed
determination? (5) What else could we
do to make this proposed determination
easier to understand? Send a copy of
any comments on how we could make
this proposed determination easier to
understand to: Office of Regulatory
Affairs, Department of the Interior,
Room 7229, 1849 C Street, NW.,
Washington, DC 20240. You may e-mail
your comments to this address:
Exsec@ios.doi.gov.
sroberts on PROD1PC70 with PROPOSALS
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This proposed determination does not
contain any new collections of
information that require approval by
OMB under the Paperwork Reduction
Act. This determination will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
on October 25, 1983 (48 FR 49244). This
assertion was upheld in the courts of the
Ninth Circuit (Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. Ore.
1995), cert. denied 116 S. Ct. 698 (1996).
Government-to-Government
Relationship With Tribes
14:58 Sep 25, 2006
Jkt 208001
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060906236–6236–01; I.D.
083006B]
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and the Department of
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal tribes on a
government-to-government basis. We
have determined that there are no Tribal
lands occupied at the time of listing
contain the features essential for the
conservation and no tribal lands that are
unoccupied areas that are essential for
the conservation of Trichostema
austromontanum ssp. compactum.
Therefore, no tribal lands will be
affected by this finding.
RIN 0648–AU83
Fisheries of the Northeastern United
States; Method For Measuring Net
Mesh Size
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
SUMMARY: NMFS proposes to amend the
regulations governing how fishing net
mesh size is measured in the Northeast.
This proposed change would increase
the weight used to measure mesh larger
than 120 mm (4.72 inches) in all
fisheries. The intent of this proposed
rule is to ensure consistent and accurate
measurements of fishing net mesh size.
DATES: Written comments must be
received no later than 5 p.m. local time
on October 26, 2006
ADDRESSES: Comments may be
submitted by any of the following
methods:
E-mail: MeshRegChange@noaa.gov
Federal e-Rulemaking Portal: https://
www.regulations.gov.
Mail: Patricia A. Kurkul, Regional
Administrator, Northeast Region,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA
01930–2298. Please write on the
envelope: Comments on Proposed
Change to Mesh Measurement
Regulations.
Dated: September 19, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 06–8190 Filed 9–25–06; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Management
Specialist, (978) 281–9341, FAX (978)
281–9135.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–55–P
Background
References Cited
A complete list of all references cited
in this finding is available upon request
from the Field Supervisor, Carlsbad Fish
and Wildlife Office (see ADDRESSES
section).
Author
The primary author of this document
is staff of the Carlsbad Fish and Wildlife
Office (see ADDRESSES section).
Authority
NOAA Office of Law Enforcement,
U.S. Coast Guard, and state enforcement
partners have recently issued a
clarification of the method used in
measuring fishing net mesh size. This
protocol closely follows the regulatory
language, at 50 CFR Part 648, that a
wedge-shaped net measurement gauge
be allowed to settle under a specified
weight, without shaking the net or
pressing on the gauge to force it deeper
into the mesh opening. This
clarification eliminated some of the
National Environmental Policy Act
It is our position that, outside the
Tenth Circuit, we do not need to
prepare environmental analyses as
defined by the NEPA in connection with
designating critical habitat under the
Endangered Species Act of 1973, as
amended. We published a notice
outlining our reasons for this
determination in the Federal Register
VerDate Aug<31>2005
DEPARTMENT OF COMMERCE
PO 00000
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26SEP1
Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules
variation in methods used previously by
the various enforcement agencies and
personnel. However, the New England
Fishery Management Council (Council)
raised a concern that the twine bars of
stiffer twines (especially those used in
larger mesh) may not align properly
under a load of 5 kg (11.02 lb), the
specified force for all mesh sizes for
many years. This has led to an increase
in citations for mesh-size violations on
gear that had previously measured as
legal.
The Council has requested that the
NMFS increase the weight to 8 kg (17.64
lb) for measuring the opening in mesh
greater than 120 mm (4.72 inches). The
increased weight would produce a force
consistent with the recommendations of
the International Council for the
Exploration of the Seas (ICES) in the
2004 report Mesh Size Measurement
Revisited, which were incorporated into
ICES’s new OMEGA (Objective Mesh
Gauge) mesh measurement gauge. The
5–kg weight would continue to be used
to measure mesh smaller than 120 mm.
Other measurement systems require
frequent calibration and/or are subject
to loss of battery power. The wedge
gauge also has a long established case
history in the Northeast.
It is not expected that the increased
weight would result in any de facto
reduction in legal mesh size. Scientific
studies that determine the selectivity
and retention of specific mesh sizes
typically use a longitudinal measuring
force such as the old ICES gauge or the
new OMEGA gauge rather than the
wedge. The increased weight is not
enough to significantly distort the mesh
and would not result in the use of mesh
smaller than that considered in previous
analyses of environmental impacts.
sroberts on PROD1PC70 with PROPOSALS
Classification
NMFS has determined that this
proposed rule is consistent with the
FMPs and preliminarily determined that
the rule is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Regional Administrator has
determined that this proposed rule is a
minor technical addition, correction, or
change to a management plan and is
therefore categorically excluded from
VerDate Aug<31>2005
14:58 Sep 25, 2006
Jkt 208001
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 that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
This amendment would not change the
minimum mesh size for any fishery or
require any fishermen to purchase new
gear. The only economic impact of the
proposed rule would be to law
enforcement agencies to acquire the
additional weights. In addition, because
this rule is expected to correct the
increase in mesh size violations on gear
that had previously measured legally,
this rule may provide an economic
benefit to fishermen. As a result, an
initial regulatory flexibility analysis is
not required and none has been
prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.51, paragraph (a)(2)(ii) is
revised to read as follows:
§ 648.51
Gear and crew restrictions.
(a) * * *
(2) * * *
(ii) Measurement of mesh size. Mesh
size is measured by using a wedgeshaped 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
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
56099
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.
*
*
*
*
*
3. In § 648.80, paragraph (f)(2) is
revised to read as follows:
§ 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).
*
*
*
*
*
4. In § 648.104, paragraph (a)(2) is
revised to read as follows:
§ 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. 06–8187 Filed 9–25–06; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\26SEP1.SGM
26SEP1
]]>Agencies
[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Proposed Rules]
[Pages 56098-56099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8187]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060906236-6236-01; 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: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to amend the regulations governing how fishing
net mesh size is measured in the Northeast. This proposed change would
increase the weight used to measure mesh larger than 120 mm (4.72
inches) in all fisheries. The intent of this proposed rule is to ensure
consistent and accurate measurements of fishing net mesh size.
DATES: Written comments must be received no later than 5 p.m. local
time on October 26, 2006
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: MeshRegChange@noaa.gov
Federal e-Rulemaking Portal: https://www.regulations.gov.
Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region,
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA
01930-2298. Please write on the envelope: Comments on Proposed Change
to Mesh Measurement Regulations.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management
Specialist, (978) 281-9341, FAX (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
NOAA Office of Law Enforcement, U.S. Coast Guard, and state
enforcement partners have recently issued a clarification of the method
used in measuring fishing net mesh size. This protocol closely follows
the regulatory language, at 50 CFR Part 648, that a wedge-shaped net
measurement gauge be allowed to settle under a specified weight,
without shaking the net or pressing on the gauge to force it deeper
into the mesh opening. This clarification eliminated some of the
[[Page 56099]]
variation in methods used previously by the various enforcement
agencies and personnel. However, the New England Fishery Management
Council (Council) raised a concern that the twine bars of stiffer
twines (especially those used in larger mesh) may not align properly
under a load of 5 kg (11.02 lb), the specified force for all mesh sizes
for many years. This has led to an increase in citations for mesh-size
violations on gear that had previously measured as legal.
The Council has requested that the NMFS increase the weight to 8 kg
(17.64 lb) for measuring the opening in mesh greater than 120 mm (4.72
inches). The increased weight would produce a force consistent with the
recommendations of the International Council for the Exploration of the
Seas (ICES) in the 2004 report Mesh Size Measurement Revisited, which
were incorporated into ICES's new OMEGA (Objective Mesh Gauge) mesh
measurement gauge. The 5-kg weight would continue to be used to measure
mesh smaller than 120 mm. Other measurement systems require frequent
calibration and/or are subject to loss of battery power. The wedge
gauge also has a long established case history in the Northeast.
It is not expected that the increased weight would result in any de
facto reduction in legal mesh size. Scientific studies that determine
the selectivity and retention of specific mesh sizes typically use a
longitudinal measuring force such as the old ICES gauge or the new
OMEGA gauge rather than the wedge. The increased weight is not enough
to significantly distort the mesh and would not result in the use of
mesh smaller than that considered in previous analyses of environmental
impacts.
Classification
NMFS has determined that this proposed rule is consistent with the
FMPs and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Regional Administrator has determined that this proposed 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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This amendment would not change the minimum mesh size for any fishery
or require any fishermen to purchase new gear. The only economic impact
of the proposed rule would be to law enforcement agencies to acquire
the additional weights. In addition, because this rule is expected to
correct the increase in mesh size violations on gear that had
previously measured legally, this rule may provide an economic benefit
to fishermen. As a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.51, paragraph (a)(2)(ii) is revised to read as
follows:
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.
* * * * *
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).
* * * * *
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. 06-8187 Filed 9-25-06; 8:45 am]
BILLING CODE 3510-22-S
