Fisheries of the Northeastern United States; Method For Measuring Net Mesh Size, 8287-8289 [E7-3241]
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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations
voluntary consensus standards. This
rule does not involve ‘‘technical
standards’’ as defined by the NTTAA.
Therefore, EPA is not considering the
use of any voluntary consensus
standards.
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
10. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and Low
Income Populations
To the greatest extent practicable and
permitted by law, and consistent with
the principles set forth in the report on
the National Performance Review, each
Federal agency must make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionately high
and adverse human health and
environmental effects of its programs,
policies, and activities on minority
populations and low-income
populations in the United States and its
territories and possessions, the District
of Columbia, the Commonwealth of
Puerto Rico, and the Commonwealth of
the Mariana Islands. Because this rule
addresses authorizing pre-existing State
rules and there are no anticipated
significant adverse human health or
environmental effects, the rule is not
subject to Executive Order 12898.
BILLING CODE 6560–50–P
Dated: February 12, 2007.
Julie Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. E7–3207 Filed 2–23–07; 8:45 am]
ycherry on PROD1PC64 with RULES
11. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective on the date the rule is
published in the Federal Register.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of Sections 2002(a), 3006 and
VerDate Aug<31>2005
15:57 Feb 23, 2007
Jkt 211001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061020273–7001–03; I.D.
013107C]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
SUMMARY: NMFS announces that the
State of North Carolina is transferring
3,914 lb (1,775 kg) of commercial
summer flounder quota to the State of
New Jersey from its 2007 quota. Bythis
action, NMFS adjusts the quotas and
announces the revised commercial
quota for each state involved.
DATES: Effective February 21, 2007
through December 31, 2007, unless
NMFS publishes a superseding
document in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Management
Specialist, (978) 281–9341, FAX (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery arefound at 50 CFR part
648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process toset the annual commercial
quota and the percent allocated to each
state are described in § 648.100.
The final rule implementing
Amendment 5 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which was published
on December 17, 1993 (58 FR 65936),
provided a mechanism for summer
flounder quota to be transferred from
one state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Northeast Region, NMFS (Regional
Administrator), can transfer or combine
summer floundercommercial quota
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
8287
under § 648.100(d). The Regional
Administrator is required to consider
the criteria set forth in § 648.100(d)(3) in
the evaluation of requests for quota
transfers or combinations.
North Carolina has agreed to transfer
3,914 lb (1,775 kg) of its 2007
commercial quota to New Jersey to
cover landings of a North Carolina
vessel granted safe harbor in New Jersey
aftersuffering damage as a result of
rough seas. The Regional Administrator
has determined that the criteria set forth
in § 648.100(d)(3) have been met. The
revised quotas for calendar year 2007
are: North Carolina, 2,749,866 lb
(1,247,318 kg); and New Jersey,
1,682,017 lb (762,950 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 20, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–862 Filed 2–21–07; 2:26 pm]
BILLING CODE 3510–22–S
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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:
E:\FR\FM\26FER1.SGM
26FER1
8288
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations
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 wedgeshaped 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.
ycherry on PROD1PC64 with RULES
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
VerDate Aug<31>2005
15:57 Feb 23, 2007
Jkt 211001
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 longterm 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
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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.
For the reasons set out in the
preamble 50 CFR part 648 is amended
as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.51, paragraph (a)(2)(ii) is
revised to read as follows:
I
E:\FR\FM\26FER1.SGM
26FER1
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations
§ 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
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.
*
*
*
*
*
I 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).
*
*
*
*
*
I 4. In § 648.104, paragraph (a)(2) is
revised to read as follows:
§ 648.104
Gear restrictions.
ycherry on PROD1PC64 with RULES
*
*
*
*
*
(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
VerDate Aug<31>2005
15:57 Feb 23, 2007
Jkt 211001
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 061227341–7031–02; I.D.
120406A]
RIN 0648–AU99
Fisheries in the Western Pacific;
Western Pacific Pelagic Fisheries;
Hawaii Shallow-set Longline Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
permanently remove the 7–day delay in
effectiveness when closing the Hawaiibased shallow-set longline fishery as a
result of reaching interaction limits for
sea turtles. This final rule allows for an
immediate closure of the fishery to
enhance protection for sea turtles.
DATES: This final rule is effective March
28, 2007.
ADDRESSES: Copies of this final rule, the
regulatory amendment, environmental
assessment, regulatory impact review,
and regulatory flexibility analyses may
be obtained from William L. Robinson,
Administrator, NMFS Pacific Islands
Region (PIR), 1601 Kapiolani Boulevard,
Suite 1110, Honolulu, HI 96814–4700.
FOR FURTHER INFORMATION CONTACT: Bob
Harman, NMFS PIR, 808–944–2271.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
also accessible via the World Wide Web
at the Office of the Federal Register:
https://www.gpoaccess.gov/fr/
index.html.
Background
The Hawaii-based pelagic longline
fishery for swordfish, tunas, and related
species is managed under the Fishery
Management Plan for Pelagic Fisheries
of the Western Pacific Region (Pelagics
FMP). The Pelagics FMP was developed
by the Western Pacific Fishery
Management Council (Council) under
the authority of the Magnuson-Stevens
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
8289
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Regulations governing fishing by U.S.
vessels in accordance with the Pelagics
FMP appear at 50 CFR part 665 and
subpart H of 50 CFR part 600.
The regulations at § 665.33(b)(1) set
the maximum allowable annual limits
on the numbers of interactions between
longline fishing operations and sea
turtles. These limits apply to physical
interactions with fishing gear deployed
from vessels registered under Hawaii
longline limited-access permits while
engaged in shallow-set longline fishing,
i.e., fishing that is directed at swordfish.
There are calendar-year annual limits on
physical interactions for two species of
sea turtles, one for leatherback sea
turtles set at 16, and one for loggerhead
sea turtles set at 17.
Pursuant to a Section 7 consultation
under the Endangered Species Act,
NMFS is required by a 2004 Biological
Opinion to maintain 100 percent
observer coverage in the Hawaii
shallow-set longline fishery.
Interactions with turtles are monitored
using data from scientific observers
placed by NMFS aboard all vessels
engaged in shallow-set longline fishing.
The current regulations at
§ 665.33(b)(2) prescribe that as soon as
the physical interaction limit for either
of the two turtle species has been
determined to have been reached in a
given year, the shallow-set component
of the Hawaii-based longline fishery
must be closed by NMFS for the
remainder of the calendar year, after
giving permit holders at least 7 days
advance notice. Once that component of
the fishery is closed, no vessel
registered under a Hawaii longline
limited-access permit may engage in
shallow-set longline fishing north of the
Equator.
The 7–day delay was intended to give
NMFS adequate time to notify permit
holders and vessel operators of the
fishery closure. Based on the best
information available on fishing activity
levels and anticipated turtle interaction
rates at the time when the regulations
were first implemented, the 7–day delay
in effectiveness offered by the advance
notice provision was thought to provide
adequate protection to sea turtles, while
also providing adequate notice of the
fishery closure to vessels at sea. At the
time when the current regulations were
implemented, NMFS observers placed
aboard longline vessels were not issued
satellite telephones, and other
communication methods were
considered ineffective for immediately
notifying vessels at sea of a closure.
More effective means of providing
immediate notification to active
E:\FR\FM\26FER1.SGM
26FER1
]]>Agencies
[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Rules and Regulations]
[Pages 8287-8289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3241]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
