Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico and South Atlantic; Revisions To Allowable Bycatch Reduction Devices, 28760-28762 [2010-12384]
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28760
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
(3) Persons desiring to transit the area
of the security zone must first request
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio, VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
lights, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Baltimore or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(d) Enforcement period. This section
will be enforced from 6 a.m. through 5
p.m. on May 24, 2010.
Dated: May 11, 2010.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore Maryland.
DATES: This correction is effective May
26, 2010.
FOR FURTHER INFORMATION CONTACT:
Scott Sandorf, 727–824–5305; fax: 727–
824–5308; e-mail:
scott.sandorf@noaa.gov.
SUPPLEMENTARY INFORMATION:
Need for Correction
On April 26, 2010, (75 FR 21520,
April 26, 2010) an incorrect coordinate
for Point G, in § 622.34 (q) was
published and this document corrects
that coordinate.
1. On page 21520, in the third
column, under § 622.34 (q), the Point G
coordinate is corrected to read as
follows:
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
(q) * * *
*
Point
*
North lat.
*
*
G
West long.
*
26°48.80′
*
*
*
*
*
*
*
*
*
83°40.00′
*
*
*
Dated: May 18, 2010
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–12341 Filed 5–21–10; 8:45 am]
BILLING CODE 9110–04–P
[FR Doc. 2010–12383 Filed 5–21–10; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–22–S
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
50 CFR Part 622
National Oceanic and Atmospheric
Administration
[Docket No. 090225243–0170–03]
50 CFR Part 622
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 31; Correction
WReier-Aviles on DSKGBLS3C1PROD with RULES
RIN 0648–AX67
[Docket No. 100121040–0177–01]
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
SUMMARY: This document contains a
correction to the final rule to implement
Amendment 31 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico that
was published in the Federal Register
Monday, April 26, 2010.
VerDate Mar<15>2010
12:32 May 21, 2010
Jkt 220001
RIN 0648–AY58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico and
South Atlantic; Revisions To Allowable
Bycatch Reduction Devices
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: In accordance with the
framework procedures for adjusting
management measures of the Fishery
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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)
NMFS provisionally recertifies two
bycatch reduction devices (BRDs) and
revises the construction and installation
requirements of one of these BRD
designs in the southeastern shrimp
fishery. The intended effect of this rule
is to improve bycatch reduction in the
shrimp fishery and better meet the
requirements of National Standard 9.
DATES: This rule is effective June 23,
2010.
ADDRESSES: Copies of supporting
documentation for this final rule, which
includes a regulatory impact review and
a regulatory flexibility act analysis may
be obtained from Steve Branstetter,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701–5505.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305.
SUPPLEMENTARY INFORMATION: The
fishery for shrimp in the exclusive
economic zone (EEZ) of the Gulf is
managed under the FMP prepared by
the Gulf of Mexico Fishery Management
Council. The fishery for shrimp in the
EEZ of the South Atlantic is managed
under the FMP prepared by the South
Atlantic Fishery Management Council.
The FMPs are implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Background
Regulations implementing
Amendment 2 to the South Atlantic
Shrimp FMP (73 FR 18536, April 16,
1997) established BRD requirements in
the South Atlantic EEZ. The rule
established a certification criterion,
descriptions of BRD designs and
configurations allowed for use in the
South Atlantic shrimp fishery, as well
as procedures to develop and test new
BRDs for certification.
Regulations implementing
Amendment 9 to the Gulf Shrimp FMP
were published April 14, 1998 (63 FR
18139), and established a requirement,
with limited exceptions, for the use of
certified BRDs in shrimp trawls towed
in the Gulf EEZ shoreward of the 100fm (183-m) depth contour west of 85°
30′ W. longitude (western Gulf), the
approximate longitude of Cape San Blas,
FL. The rule established descriptions of
BRD designs and configurations allowed
for use in the western Gulf shrimp
fishery.
E:\FR\FM\24MYR1.SGM
24MYR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
To better address the requirements of
National Standard 9 of the MagnusonStevens Act, regulations implementing
Amendment 10 to the Gulf FMP (69 FR
1538, January 9, 2004) required BRDs in
shrimp trawls fished in the EEZ east of
85° 30′ W. longitude (eastern Gulf).
In accordance with the BRD
framework procedures of the Gulf FMP,
NMFS recently modified the existing
BRD certification criterion for the
western Gulf (73 FR 8219, February 13,
2008) to be consistent with the criterion
for the eastern Gulf and South Atlantic.
The new standardized certification
criterion for the Gulf of Mexico and the
South Atlantic specifies data must
demonstrate a BRD achieves a 30percent reduction in the weight of
finfish bycatch to be certified for use in
the southeastern shrimp fishery. In
addition, this rule established a
provisional certification criterion. To be
provisionally certified, on a timelimited basis, the data must demonstrate
that there is at least a 50-percent
probability that the BRD reduces the
weight of finfish bycatch by 25 percent.
In accordance with these new criteria,
NMFS provisionally certified the
Extended Funnel BRD for use in the
Gulf of Mexico, and the Composite
Panel BRD for use in both the Gulf of
Mexico and the South Atlantic. By
regulation, the provisional certification
of both BRDs automatically expired on
February 16, 2010. However, no new
information exists regarding the
effectiveness of these BRDs as they are
used in the fisheries that would indicate
if the BRDs have been improved, or that
they do not continue to meet the
provisional certification requirement.
Collection of new data and sufficient
industry-level evaluation of these BRDs
was hindered, in part, because of delays
in getting compatible regulations
allowing their use in state waters off
Texas and state waters off both the Gulf
of Mexico and South Atlantic coasts of
Florida. Texas developed compatible
regulations allowing the use of these
two BRDs in November 2008; Florida in
December 2009. Thus, fishermen in
these states have not had the
opportunity to use these new BRDs or
to make improvements to them. In
addition, net shops that would be
manufacturing these BRDs needed to
wait on the final regulatory
specifications before they could begin
producing the BRDs, thus there was an
initial shortage of these BRDs.
Therefore, to address the expiration of
the initial provisional certification of
these two BRDs and allow for sufficient
evaluation of these designs by industry,
on April 20, 2010, NMFS published a
proposed rule (75 FR 20548) to
VerDate Mar<15>2010
12:32 May 21, 2010
Jkt 220001
provisionally recertify the extended
funnel BRD and the composite panel
BRD and revise the construction and
installation requirements of the
composite panel BRD design in the
southeastern shrimp fishery.
Because no new information exists to
decertify these BRDs, and because of the
limited time fishermen in two major
shrimping states have had to evaluate
these BRDs, this final rule renews the
provisional certification for these two
BRD types for an additional two years
through May 24, 2012. This final rule
also revises the construction and
installation requirements for the
Composite Panel BRD in order to
provide more flexibility for what
material and size mesh may be used to
construct this particular BRD design.
The intended effect of this rule is to
maintain adequate bycatch reduction in
the shrimp fishery and better meet the
requirements of National Standard 9.
NMFS received no comments on the
proposed rule and, therefore, no
changes have been made in this final
rule.
Classification
The Administrator, Southeast Region,
NMFS, determined that this final rule is
necessary for the conservation and
management of the southeastern shrimp
fishery and that it is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This final 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 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 this
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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 18, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
■
PO 00000
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Fmt 4700
Sfmt 4700
28761
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 § 622.41, paragraphs (g)(3)(ii)(A)
and (B) are revised to read as follows:
■
§ 622.41
Species specific limitations.
*
*
*
*
*
(g) * * *
(3) * * *
(ii) * * *
(A) Extended funnel—Gulf EEZ only;
through May 24, 2012.
(B) Composite Panel—Gulf EEZ and
South Atlantic EEZ; through May 24,
2012.
*
*
*
*
*
■ 3. In Appendix D to part 622, section
G, the first sentence of paragraph 2(a),
and paragraph 2(b) are revised to read
as follows:
Appendix D to Part 622—Specifications
for Certified BRDs
*
*
*
*
*
G. * * *
2. * * *
(a) * * * 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 with dimensions of 24 1⁄2
meshes by 150 to 160 meshes. * * *
(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 depthstretched 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
E:\FR\FM\24MYR1.SGM
24MYR1
28762
Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations
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.
*
*
*
*
*
[FR Doc. 2010–12384 Filed 5–21–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907021105–0024–03]
RIN 0648–AY00
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Amendment 10;
Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY: On March 11, 2010, a final
rule to implement Amendment 10 to the
Atlantic Mackerel, Squid, and Butterfish
(MSB) Fishery Management Plan (FMP)
was published in the Federal Register.
The regulatory text specifying gear
restrictions did not reflect the increase
in the minimum mesh size requirement
for net strengtheners in the Loligo
fishery from 4 1⁄2 inches (11.43 cm) to
VerDate Mar<15>2010
12:32 May 21, 2010
Jkt 220001
5 inches (12.7 cm) that was enacted in
the MSB specifications and management
measures for the 2010 fishing year. This
document corrects that error.
DATES: Effective September 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Lindsey Feldman, Fisheries
Management Specialist, (978) 675–2179,
fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2010 (75 FR 11441), a
final rule was published implementing
Amendment 10 to the MSB FMP
(Amendment 10). Amendment 10
increased the minimum codend mesh
size requirement for the Loligo squid
(Loligo) fishery, established a butterfish
rebuilding program with a butterfish
mortality cap for the Loligo fishery,
established a 72–hr trip notification
requirement for the Loligo fishery, and
required an annual assessment of the
butterfish rebuilding program by the
Council’s Scientific and Statistical
Committee (SSC). The regulatory text
specifying gear restrictions (§ 648.23)
did not reflect the increase in the
minimum mesh sizes requirement for
net strengtheners in the Loligo fishery
from 4 1⁄2 inches (11.43 cm) to 5 inches
(12.7 cm) that was implemented in the
final MSB specifications and
management measures for the 2010
fishing year (February 3, 2010, 75 FR
5537), and becomes effective on
September 13, 2010. This document
corrects this error.
Correction
Accordingly, the final rule, published
on March 11, 2010, at 75 FR 11441, is
corrected as follows:
1. On page 11450, beginning in
column 2, § 648.23 (a)(3)(i) is correctly
revised to read as follows:
PO 00000
Frm 00012
Fmt 4700
Sfmt 9990
§ 648.23
Gear restrictions.
(a) * * *
(3) * * *
(i) Net obstruction or constriction.
Owners or operators of otter trawl
vessels fishing for and/or possessing
Loligo shall not use any device, gear, or
material, including, but not limited to,
nets, net strengtheners, ropes, lines, or
chafing gear, on the top of the regulated
portion of a trawl net that results in an
effective mesh opening of less than 21⁄8
inches (54 mm), during Trimesters I
(Jan–Apr) and III (Sept–Dec), or 17⁄8
inches (48 mm), during Trimester II
(May–Aug), diamond mesh, inside
stretch measure. ‘‘Top of the regulated
portion of the net’’ means the 50 percent
of the entire regulated portion of the net
that would not be in contact with the
ocean bottom if, during a tow, the
regulated portion of the net were laid
flat on the ocean floor. However, owners
or operators of otter trawl vessels fishing
for and/or possessing Loligo may use net
strengtheners (covers), splitting straps,
and/or bull ropes or wire around the
entire circumference of the codend,
provided they do not have a mesh
opening of less than 5 inches (12.7 cm)
diamond mesh, inside stretch measure.
For the purposes of this requirement,
head ropes are not to be considered part
of the top of the regulated portion of a
trawl net.
*
*
*
*
*
Dated: May 18, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service
[FR Doc. 2010–12388 Filed 5–21–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Rules and Regulations]
[Pages 28760-28762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12384]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100121040-0177-01]
RIN 0648-AY58
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico and South Atlantic; Revisions To
Allowable Bycatch Reduction Devices
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
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) NMFS provisionally recertifies two bycatch reduction
devices (BRDs) and revises the construction and installation
requirements of one of these BRD designs in the southeastern shrimp
fishery. The intended effect of this rule is to improve bycatch
reduction in the shrimp fishery and better meet the requirements of
National Standard 9.
DATES: This rule is effective June 23, 2010.
ADDRESSES: Copies of supporting documentation for this final rule,
which includes a regulatory impact review and a regulatory flexibility
act analysis may be obtained from Steve Branstetter, Southeast Regional
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701-5505.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-824-
5305.
SUPPLEMENTARY INFORMATION: The fishery for shrimp in the exclusive
economic zone (EEZ) of the Gulf is managed under the FMP prepared by
the Gulf of Mexico Fishery Management Council. The fishery for shrimp
in the EEZ of the South Atlantic is managed under the FMP prepared by
the South Atlantic Fishery Management Council. The FMPs are implemented
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
Background
Regulations implementing Amendment 2 to the South Atlantic Shrimp
FMP (73 FR 18536, April 16, 1997) established BRD requirements in the
South Atlantic EEZ. The rule established a certification criterion,
descriptions of BRD designs and configurations allowed for use in the
South Atlantic shrimp fishery, as well as procedures to develop and
test new BRDs for certification.
Regulations implementing Amendment 9 to the Gulf Shrimp FMP were
published April 14, 1998 (63 FR 18139), and established a requirement,
with limited exceptions, for the use of certified BRDs in shrimp trawls
towed in the Gulf EEZ shoreward of the 100-fm (183-m) depth contour
west of 85[deg] 30' W. longitude (western Gulf), the approximate
longitude of Cape San Blas, FL. The rule established descriptions of
BRD designs and configurations allowed for use in the western Gulf
shrimp fishery.
[[Page 28761]]
To better address the requirements of National Standard 9 of the
Magnuson-Stevens Act, regulations implementing Amendment 10 to the Gulf
FMP (69 FR 1538, January 9, 2004) required BRDs in shrimp trawls fished
in the EEZ east of 85[deg] 30' W. longitude (eastern Gulf).
In accordance with the BRD framework procedures of the Gulf FMP,
NMFS recently modified the existing BRD certification criterion for the
western Gulf (73 FR 8219, February 13, 2008) to be consistent with the
criterion for the eastern Gulf and South Atlantic. The new standardized
certification criterion for the Gulf of Mexico and the South Atlantic
specifies data must demonstrate a BRD achieves a 30-percent reduction
in the weight of finfish bycatch to be certified for use in the
southeastern shrimp fishery. In addition, this rule established a
provisional certification criterion. To be provisionally certified, on
a time-limited basis, the data must demonstrate that there is at least
a 50-percent probability that the BRD reduces the weight of finfish
bycatch by 25 percent.
In accordance with these new criteria, NMFS provisionally certified
the Extended Funnel BRD for use in the Gulf of Mexico, and the
Composite Panel BRD for use in both the Gulf of Mexico and the South
Atlantic. By regulation, the provisional certification of both BRDs
automatically expired on February 16, 2010. However, no new information
exists regarding the effectiveness of these BRDs as they are used in
the fisheries that would indicate if the BRDs have been improved, or
that they do not continue to meet the provisional certification
requirement. Collection of new data and sufficient industry-level
evaluation of these BRDs was hindered, in part, because of delays in
getting compatible regulations allowing their use in state waters off
Texas and state waters off both the Gulf of Mexico and South Atlantic
coasts of Florida. Texas developed compatible regulations allowing the
use of these two BRDs in November 2008; Florida in December 2009. Thus,
fishermen in these states have not had the opportunity to use these new
BRDs or to make improvements to them. In addition, net shops that would
be manufacturing these BRDs needed to wait on the final regulatory
specifications before they could begin producing the BRDs, thus there
was an initial shortage of these BRDs.
Therefore, to address the expiration of the initial provisional
certification of these two BRDs and allow for sufficient evaluation of
these designs by industry, on April 20, 2010, NMFS published a proposed
rule (75 FR 20548) to provisionally recertify the extended funnel BRD
and the composite panel BRD and revise the construction and
installation requirements of the composite panel BRD design in the
southeastern shrimp fishery.
Because no new information exists to decertify these BRDs, and
because of the limited time fishermen in two major shrimping states
have had to evaluate these BRDs, this final rule renews the provisional
certification for these two BRD types for an additional two years
through May 24, 2012. This final rule also revises the construction and
installation requirements for the Composite Panel BRD in order to
provide more flexibility for what material and size mesh may be used to
construct this particular BRD design. The intended effect of this rule
is to maintain adequate bycatch reduction in the shrimp fishery and
better meet the requirements of National Standard 9.
NMFS received no comments on the proposed rule and, therefore, no
changes have been made in this final rule.
Classification
The Administrator, Southeast Region, NMFS, determined that this
final rule is necessary for the conservation and management of the
southeastern shrimp fishery and that it is consistent with the
Magnuson-Stevens Act and other applicable laws.
This final 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 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 this 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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 18, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.41, paragraphs (g)(3)(ii)(A) and (B) are revised to
read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(g) * * *
(3) * * *
(ii) * * *
(A) Extended funnel--Gulf EEZ only; through May 24, 2012.
(B) Composite Panel--Gulf EEZ and South Atlantic EEZ; through May
24, 2012.
* * * * *
0
3. In Appendix D to part 622, section G, the first sentence of
paragraph 2(a), and paragraph 2(b) are revised to read as follows:
Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
G. * * *
2. * * *
(a) * * * 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 with dimensions of 24 \1/2\ meshes by 150 to
160 meshes. * * *
(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
[[Page 28762]]
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.
* * * * *
[FR Doc. 2010-12384 Filed 5-21-10; 8:45 am]
BILLING CODE 3510-22-S
