Shrimp Fisheries of the Gulf of Mexico and South Atlantic; Revisions of Bycatch Reduction Device Testing Protocols, 21679-21683 [2012-8730]
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Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes, or otherwise have any unique
impacts on local governments. Thus, the
Agency has determined that Executive
Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive
Order 13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L,
104–4).
Although this action does not require
any special considerations under
Executive Order 12898, entitled Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994), EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. As such, to the
extent that information is publicly
available or was submitted in comments
to EPA, the Agency considered whether
groups or segments of the population, as
a result of their location, cultural
practices, or other factors, may have
atypical or disproportionately high and
adverse human health impacts or
environmental effects from exposure to
the pesticide discussed in this
document, compared to the general
population.
One comment was received from a
private citizen who opposed the
authorization to sell any pesticide that
leaves residue on food. The Agency
understands the commenter’s concerns
and recognizes that some individuals
believe that no residue of pesticides
should be allowed. However, under the
existing legal framework provided by
section 408 of the Federal Food, Drug
and Cosmetic Act (FFDCA) EPA is
authorized to establish pesticide
tolerances or exemptions where persons
seeking such tolerances or exemptions
have demonstrated that the pesticide
meets the safety standard imposed by
the statute.
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 this rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: April 3, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960, the table is amended
by adding alphabetically the following
polymer to read as follows:
■
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
§ 180.960 Polymer; exemptions from the
requirement of a tolerance.
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CAS
No.
Polymer
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Silicic acid, sodium salt, reaction products with chlorotrimethylsilane and iso-propyl alcohol, reaction with poly(oxypropylene)- None.
poly(oxyethylene) glycol, minimum number average molecular weight (in amu), 75,000.
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Atmospheric Administration (NOAA),
Commerce.
[FR Doc. 2012–8733 Filed 4–10–12; 8:45 am]
BILLING CODE 6560–50–P
ACTION:
DEPARTMENT OF COMMERCE
50 CFR Part 622
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[Docket No. 111104664–2106–02]
RIN 0648–BB61
Shrimp Fisheries of the Gulf of Mexico
and South Atlantic; Revisions of
Bycatch Reduction Device Testing
Protocols
National Marine Fisheries
Service (NMFS), National Oceanic and
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Final rule.
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),
this rule certifies two new bycatch
reduction devices (BRDs) for use in the
Gulf of Mexico (Gulf) and South
Atlantic shrimp fisheries, and revises a
harvesting restriction for shrimp vessels
fishing in Federal waters of the Gulf.
Both BRDs represent modifications to
the Composite Panel BRD, which is
SUMMARY:
National Oceanic and Atmospheric
Administration
AGENCY:
*
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provisionally certified through May 24,
2012. This rule incorporates these BRDs
into the list of allowable BRDs, and
provides technical specifications for the
construction and subsequent legal
enforcement of these BRDs.
Additionally, this rule reduces the
shrimp effort threshold for the Gulf
shrimp fishery. The intended effect of
this final rule is to improve bycatch
reduction efforts in the Gulf and South
Atlantic shrimp fisheries, provide
greater flexibility to the industry, reduce
the potential adverse social and
economic impacts to fishing
communities of previous restrictions,
and meet the requirements of National
Standard 9 of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) which
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Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations
requires, to the extent practicable, the
minimization of bycatch and bycatch
mortality.
This rule is effective May 11,
2012, except for the amendments to
§ 622.41(g)(3)(ii) and Appendix D to part
622, paragraph G., which are effective
May 25, 2012.
ADDRESSES: Documents related to this
final rule may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sf/
GulfShrimp.htm.
DATES:
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305, email:
Steve.Branstetter@noaa.gov.
The
shrimp fishery in the exclusive
economic zone (EEZ) of the Gulf is
managed under the Gulf FMP prepared
by the Gulf of Mexico Fishery
Management Council (Gulf Council),
and the shrimp fishery in the EEZ of the
South Atlantic is managed under the
South Atlantic FMP prepared by the
South Atlantic Fishery Management
Council (South Atlantic Council). The
Gulf and South Atlantic FMPs are
implemented under the authority of the
Magnuson-Stevens Act by regulations at
50 CFR part 622.
On January 9, 2012, NMFS published
a proposed rule to certify two new BRDs
for use in the Gulf and South Atlantic
shrimp fisheries, and revise a harvesting
restriction for shrimp vessels fishing in
Federal waters of the Gulf and requested
public comment (77 FR 1045). On
January 23, 2012, NMFS published a
correction to the proposed rule to
correct an error in the preamble, which
stated that the ‘‘Expanded Mesh BRD’’
would be decertified for use by the Gulf
shrimp fishery after May 24, 2012, when
it should have stated the ‘‘Extended
Funnel BRD’’ would be decertified for
use in the Gulf shrimp fishery after May
24, 2012 (77 FR 3224). The proposed
rule outlined the rationale for the
actions contained in this final rule and
is not repeated here.
This final rule certifies two new BRDs
for use in the Gulf and South Atlantic
shrimp fisheries, namely the Cone Fish
Deflector Composite Panel BRD and the
Square Mesh Panel (SMP) Composite
Panel BRD, and provides technical
specifications for the construction of
these BRDs. The two BRDS that are
currently provisionally certified,
through May 24, 2012, namely the
Composite Panel BRD and the Extended
Funnel BRD (Gulf only), will
automatically be decertified on the date
their preliminary certification expires.
The Extended Funnel BRD will
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SUPPLEMENTARY INFORMATION:
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continue to be certified in the South
Atlantic.
This final rule also revises a
harvesting restriction for shrimp vessels
fishing in Federal waters of the Gulf. In
accordance with regulations established
when Joint Amendment 14/27 to the
Gulf FMP and the FMP for the Reef Fish
Fishery of the Gulf (Joint Amendment
14/27) were implemented on February
28, 2008 (73 FR 3117, January 29, 2008),
the rate of shrimp trawl bycatch
mortality on juvenile red snapper found
in the 10 to 30 fathom depth contours,
west of Mobile Bay, Alabama, must be
reduced by at least 74 percent,
compared to the average rate of fishing
mortality documented during 2001
through 2003. Joint Amendment 14/27
further documented a direct correlation
between shrimp trawl bycatch mortality
and shrimping effort, as measured in
days fished by shrimp vessels; meaning
that shrimping effort, measured in days
fished, can be used as proxy for shrimp
trawl bycatch mortality rates. Based on
data from 2001 through 2003, the
benchmark mortality or ‘‘F’’ rate for
shrimp trawl bycatch was 0.617. Using
days fished as a proxy for bycatch
mortality, that F rate corresponds to
82,811 days fished. To comply with
Joint Amendment 14/27, the days fished
needs to be reduced by 74 percent, to
meet the required 74 percent reduction
in bycatch mortality. To ensure that the
F rate is reduced by 74 percent to 0.160,
the number of days fished in a
particular year cannot exceed 21,531
days (i.e., a 74 percent reduction from
82,811 days). To date, the annual
shrimping effort has not exceeded the
threshold level of 21,531 days, and no
closures in the following fishing year
have been needed.
Joint Amendment 14/27 also
established that this restriction would
be relaxed in 2011 by requiring only a
67 percent reduction (not 74 percent) in
shrimp trawl bycatch mortality. In
accordance with Joint Amendment 14/
27, this rule requires that the annual
rate of shrimp trawl bycatch mortality
must now be reduced by 67 percent,
again using shrimping effort as a proxy
for mortality. Using effort as measured
in days fished as a proxy for bycatch
mortaility, to reduce mortality by at
least 67 percent, the number of days
fished cannot now exceed a threshold of
27,328 days. The intent of relaxing this
restriction on fishing effort is to benefit
the shrimp fleet for its contribution to
red snapper recovery, much like
increasing allowable catch to the
directed fishery as the red snapper stock
recovers on its rebuilding trajectory.
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Comments and Responses
One letter was received commenting
on the proposed rule, identifying three
issues. These comments and NMFS’
responses are presented below.
Comment 1: One of the elements of
the Composite Panel BRD that makes it
preferable for use is that it can be
constructed within the existing standard
turtle excluder device (TED) extension.
This allows the TED/BRD manufacturer
to install both devices into the same
extension of webbing, resulting in labor
and material savings. The regulations
should allow the BRD webbing
extension to consist of the aft portion of
a currently legal TED extension with all
the components of the BRD otherwise
installed, as described, and the openings
cut into the existing TED extension, as
described.
Response: This final rule does not
prohibit installing the Composite Panel
BRD designs (Composite Panel BRD,
Cone Fish Deflector Composite Panel
BRD, and the SMP Composite Panel
BRD) within the existing TED extension,
provided that the extension material in
the aft portion of the TED meets the
specifications for the BRD installation as
well (i.e., 241⁄2 meshes by 150 to 160
meshes). There is no requirement to cut
the TED extension off and sew a
complete Composite Panel BRD
extension on the shortened TED
extension. However, this may be more
efficient for some fishers who do not
wish to take their TED extensions out of
their nets and take them to the net shop
to have a new Composite Panel BRD
installed. Nevertheless, the BRD can be
installed in the TED extension. The
portion of the extension that constitutes
the BRD extension must be installed no
more than 4 meshes from the posterior
edge of the TED and the BRD escape
openings must be installed 11⁄2 meshes
from the leading edge of the BRD
extension. Therefore, if a Composite
Panel BRD design is installed in the
TED extension, the BRD escape
openings must be no more than 51⁄2
meshes from the posterior edge of the
grid.
Comment 2: The instructions
describing the starting point for
attachment of the leading edges of the
panels should be changed from ‘‘* * *
extension starting 12 meshes up from
the bottom center on each side * * *’’
to ‘‘* * * extension starting 12–14–16–
18 meshes (i.e., 10 percent of the
circumference of the extension) up from
the bottom center on each side * * *’’
This would more accurately keep the
opening in the same relative position to
the original Composite Panel testing,
which was done using a 120-mesh
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extension, as in the original write-up of
the provisional certification of the
Composite Panel BRD. Establishing a
requirement in terms of percentages
instead of meshes would allow for the
same opening position orientation in
extensions as large as 180 meshes or
even 200 meshes. This should also more
accurately place the openings in the 150
to 160 mesh extensions.
Response: The Composite Panel BRD
regulations, as published February 13,
2008 (73 FR 8219), require that the BRD
be constructed with a webbing
extension with the dimensions of 241⁄2
meshes by 150 to 160 meshes, not 120
meshes. All configurations of the
Composite Panel BRDs were tested with
TED/BRD extensions of 150 to 160
meshes. It is not known what the effect
of installing the BRD into an extension
of 180 or 200 meshes would have
regarding the performance of the BRD.
Therefore, the portion of the extension
that forms the BRD should be no more
than 160 meshes. Allowing the current
provisionally certified Composite Panel
BRD to be installed in extensions of 180
to 200 meshes would require additional
certification tests with the larger
extensions.
Comment 3: The twine size of the
currently described webbing extension
is not stated in the proposed rule (77 FR
1045, January 9, 2012) for either
modification of the Composite Panel
BRD.
Response: The current regulations for
the provisional certification of the
Composite Panel BRD do not specify the
twine size for the BRD extension. The
purpose of this omission is to allow the
Composite Panel BRDs to be installed in
the TED extensions. NMFS
acknowledges that the construction and
installation manual posted on the
Southeast Regional Office Web site
(https://sero.nmfs.noaa.gov/sf/pdfs/
Composite%20BRD%20Instructions
.pdf) erroneously specifies a specific
twine size for the extension webbing.
This error will be corrected in the new
construction and installation manuals
for the two new modifications of the
Composite Panel BRD.
Changes From the Proposed Rule
The two BRDs whose provisional
certification expires May 25, 2012 will
still be provisionally certified at the
time this final rule takes effect. NMFS
prepared the regulatory text in the
proposed rule under the assumption
that the final rule would be effective on
a date concurrent with the expiration of
the provisional certification of these two
BRDs. However, due to the timing of
this final rule, the two provisionally
certified BRDS may still be used until
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May 25, 2012. Therefore, the regulatory
text has been revised to include these
provisionally certified BRDs through
their date of effectiveness.
The effective date for the BRD
construction instructions in § 622.41,
paragraph (g)(3)(ii), is delayed until May
25, 2012, when the two provisionally
certified BRDs expire. Additionally, the
effective date for the removal of the
description of the Composite BRD in
Appendix D to part 622, paragraph G.,
is delayed until May 25, 2012. Finally,
the description of the two new BRDs
being certified through this rule are
added to Appendix D in part 622, in
paragraphs H. and I., instead of
paragraphs G. and H., as written in the
proposed rule regulatory text.
To improve this rule’s clarity, NMFS
is adding the number of days fished that
result from the 67-percent target
reduction of shrimp trawl bycatch
mortality on red snapper in § 622.34
(l)(1).
NMFS is also correcting a typo in the
description of the two new BRDs being
certified through this rule. The term
‘‘number’’ is removed from the first
sentence of part 622, Appendix D H.2.a.
and I.2.a. The minimum construction
and installation requirements for the
Cone Fish Deflector Composite Panel
BRD and the SMP Composite Panel BRD
do not specify a number for the twine
size of the stretch mesh, to allow for
more flexibility in the construction of
these BRDs, therefore the term
‘‘number’’ can be removed from these
specifications.
Classification
The NMFS Assistant Administrator,
Southeast Region, has determined that
the actions contained in this rule are
necessary for the conservation and
management of the shrimp fishery in the
Gulf and South Atlantic and that they
are consistent with the MagnusonStevens Act, and other applicable law.
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
determination 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 proposed.
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21681
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.34, the second sentence of
paragraph (l)(1) is revised to read as
follows:
■
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(l) * * *
(1) * * * The RA’s determination of
the need for such closure and its
geographical scope and duration will be
based on an annual assessment, by the
Southeast Fisheries Science Center, of
the shrimp effort and associated shrimp
trawl bycatch mortality on red snapper
in the 10–30 fathom area of statistical
zones 10–21, compared to the 67percent target reduction of shrimp trawl
bycatch mortality on red snapper from
the benchmark years of 2001–2003
established in the FMP (which
corresponds in terms of annual shrimp
effort to 27,328 days fished). * * *
*
*
*
*
*
■ 3. In § 622.41, paragraph (g)(3)(ii) is
removed and reserved and paragraphs
(g)(3)(i)(G) and (H) are added to read as
follows:
§ 622.41
Species specific limitations.
*
*
*
*
*
(g) * * *
(3) * * *
(i) * * *
(G) Cone Fish Deflector Composite
Panel.
(H) Square Mesh Panel (SMP)
Composite Panel.
*
*
*
*
*
■ 4. In Appendix D to part 622,
paragraph G. is removed and reserved
and paragraphs H. and I. are added to
read as follows:
Appendix D to Part 622—Specifications
for Certified BRDS
*
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H. Cone Fish Deflector Composite Panel.
1. Description. The Cone Fish Deflector
Composite Panel BRD is a variation to the
alternative funnel construction method of the
Jones-Davis BRD, except the funnel is
assembled by using depth-stretched and heatset polyethylene webbing with square mesh
panels on the inside instead of the flaps
formed from the extension webbing. In
addition, no hoops are used to hold the BRD
open.
2. Minimum Construction and Installation
Requirements. The Cone Fish Deflector
Composite Panel BRD must contain all of the
following:
(a) Webbing extension. The webbing
extension must be constructed from a single
rectangular piece of 11⁄2-inch to 13⁄4-inch
(3.8-cm to 4.5-cm) stretch mesh with
dimensions of 241⁄2 meshes by 150 to 160
meshes. A tube is formed from the extension
webbing piece by sewing the 241⁄2-mesh sides
together. The leading edge of the webbing
extension must be attached no more than 4
meshes from the posterior edge of the TED
grid.
(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 11⁄2-inch to 15⁄8-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 11⁄2 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 20mesh 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 2inch (5.1-cm) webbing that is 18 inches (45.7
cm) in length on the leading edge. The depth
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.
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(c) Cutting the escape opening. There are
two escape openings on each side of the
funnel. The leading edge of the escape
openings must be located on the same row
of meshes in the extension webbing as the
leading edge of the composite panels. The
lower openings are formed by starting at the
first attachment point of the composite
panels and cutting 9 meshes in the extension
webbing on an even row of meshes toward
the top of the extension. Next, turn 90
degrees and cut 15 points on an even row
toward the back of the extension webbing. At
this point turn and cut 18 bars toward the
bottom front of the extension webbing. Finish
the escape opening by cutting 6 points
toward the original starting point. The top
escape openings start 5 meshes above and
mirror the lower openings. Starting at the
leading edge of the composite panel and 5
meshes above the lower escape opening, cut
9 meshes in the extension on an even row of
meshes toward the top of the extension. Next,
turn 90 degrees, and cut 6 points on an even
row toward the back of the extension
webbing. Then cut 18 bars toward the bottom
back of the extension. To complete the
escape opening, cut 15 points forward toward
the original starting point. The area of each
escape opening must total at least 212 in2
(1,368 cm2). The four escape openings must
be double selvaged for strength.
(d) Cone fish deflector. The cone fish
deflector is constructed of 2 pieces of 15⁄8inch (4.1-cm) polypropylene or polyethylene
webbing, 40 meshes wide by 20 meshes in
length and cut on the bar on each side
forming a triangle. Starting at the apex of the
two triangles, the two pieces must be sewn
together to form a cone of webbing. The apex
of the cone fish deflector must be positioned
within 12 inches (30.5 cm) of the posterior
edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone
deflector. A single hoop must be constructed
of 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm)
cable 341⁄2 inches (87.6 cm) in length. The
ends must be joined by a 3-inch (7.6-cm)
piece of 3⁄8-inch (0.95-cm) aluminum pipe
pressed together with a 1⁄4-inch (0.64-cm) die.
The hoop must be inserted in the webbing
cone, attached 10 meshes from the apex and
laced all the way around with heavy twine.
(f) Installation of the cone in the extension.
The apex of the cone must be installed in the
extension within 12 inches (30.5 cm) behind
the back edge of the funnel and attached in
four places. The midpoint of a piece of
number 60 twine (or at least 4-mesh wide
strip of number 21 or heavier webbing) 3 ft
(1.22 m) in length must be attached to the
apex of the cone. This piece of twine or
webbing must be attached within 5 meshes
of the aft edge of the funnel at the center of
each of its sides. Two 12-inch (30.5-cm)
pieces of number 60 (or heavier) twine must
be attached to the top and bottom of the 11inch (27.9-cm) cone hoop. The opposite ends
of these two pieces of twine must be attached
to the top and bottom center of the extension
webbing to keep the cone from inverting into
the funnel.
I. Square Mesh Panel (SMP) Composite
Panel.
1. Description. The SMP is a panel of
square mesh webbing placed in the top of the
cod end to provide finfish escape openings.
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2. Minimum Construction and Installation
Requirements. The SMP Composite Panel
BRD must contain all of the following:
(a) Webbing extension. The webbing
extension must be constructed from a single
rectangular piece of 11⁄2-inch to 13⁄4-inch
(3.8-cm to 4.5-cm) stretch mesh with
dimensions of 241⁄2 meshes by 150 to 160
meshes. A tube is formed from the extension
webbing piece by sewing the 241⁄2-mesh sides
together. The leading edge of the webbing
extension must be attached no more than 4
meshes from the posterior edge of the TED
grid.
(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 11⁄2-inch to 15⁄8-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 11⁄2 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 20mesh 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 2inch (5.1-cm) webbing that is 18 inches (45.7
cm) in length on the leading edge. The depth
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.
(c) Cutting the escape opening. There are
two escape openings on each side of the
funnel. The leading edge of the escape
openings must be located on the same row
of meshes in the extension webbing as the
leading edge of the composite panels. The
lower openings are formed by starting at the
first attachment point of the composite
panels and cutting 9 meshes in the extension
webbing on an even row of meshes toward
the top of the extension. Next, turn 90
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degrees and cut 15 points on an even row
toward the back of the extension webbing. At
this point turn and cut 18 bars toward the
bottom front of the extension webbing. Finish
the escape opening by cutting 6 points
toward the original starting point. The top
escape openings start 5 meshes above and
mirror the lower openings. Starting at the
leading edge of the composite panel and 5
meshes above the lower escape opening, cut
9 meshes in the extension on an even row of
meshes toward the top of the extension. Next,
turn 90 degrees, and cut 6 points on an even
row toward the back of the extension
webbing. Then cut 18 bars toward the bottom
back of the extension. To complete the
escape opening, cut 15 points forward toward
the original starting point. The area of each
escape opening must total at least 212 in2
(1,368 cm2). The four escape openings must
be double selvaged for strength.
(d) SMP. The SMP is constructed from a
single piece of square mesh webbing with a
minimum dimension of 5 squares wide and
12 squares in length with a minimum mesh
size of 3-inch (76-mm) stretched mesh. The
maximum twine diameter of the square mesh
is number 96 twine (4 mm).
(e) Cutting the SMP escape opening. The
escape opening is a rectangular hole cut in
the top center of the cod end webbing. The
posterior edge of the escape opening must be
placed no farther forward that 8 ft (2.4 m)
from the cod end drawstring (tie-off rings).
The width of the escape opening, as
measured across the cod end, must be four
cod end meshes per square of the SMP (i.e.,
a cut of 20 cod end meshes for a SMP that
is 5 meshes wide). The stretched mesh length
of the escape opening must be equal to the
total length of the SMP. No portion of the
SMP escape opening may be covered with
additional material or netting such as
chaffing webbing, which might impede or
prevent fish escapement.
(f) Installation of the SMP. The SMP must
be attached to the edge of the escape opening
evenly around the perimeter of the escape
opening cut with heavy twine.
[FR Doc. 2012–8730 Filed 4–10–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 0648–XB174
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher/processors Using Trawl Gear
in the Central Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Mar<15>2010
14:48 Apr 10, 2012
Jkt 226001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors (C/Ps) using trawl gear in the
Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the A season
allowance of the 2012 Pacific cod total
allowable catch apportioned to C/Ps
using trawl gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 8, 2012, through 1200
hrs, A.l.t., September 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2012
Pacific cod total allowable catch (TAC)
apportioned to C/Ps using trawl gear in
the Central Regulatory Area of the GOA
is 847 metric tons (mt), as established by
the final 2012 and 2013 harvest
specifications for groundfish of the GOA
(77 FR 15194, March 14, 2012).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the A season allowance
of the 2012 Pacific cod TAC
apportioned to C/Ps using trawl gear in
the Central Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
directed fishing allowance of 547 mt,
and is setting aside the remaining 300
mt as bycatch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by C/Ps using trawl gear in the
Central Regulatory Area of the GOA.
SUMMARY:
PO 00000
Frm 00061
Fmt 4700
Sfmt 9990
21683
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
Pacific cod for C/Ps using trawl gear in
the Central Regulatory Area of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of April 5,
2012.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 6, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–8710 Filed 4–6–12; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\11APR1.SGM
11APR1
]]>Agencies
[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Rules and Regulations]
[Pages 21679-21683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8730]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 111104664-2106-02]
RIN 0648-BB61
Shrimp Fisheries of the Gulf of Mexico and South Atlantic;
Revisions of Bycatch Reduction Device Testing Protocols
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), this rule certifies two new bycatch reduction devices
(BRDs) for use in the Gulf of Mexico (Gulf) and South Atlantic shrimp
fisheries, and revises a harvesting restriction for shrimp vessels
fishing in Federal waters of the Gulf. Both BRDs represent
modifications to the Composite Panel BRD, which is provisionally
certified through May 24, 2012. This rule incorporates these BRDs into
the list of allowable BRDs, and provides technical specifications for
the construction and subsequent legal enforcement of these BRDs.
Additionally, this rule reduces the shrimp effort threshold for the
Gulf shrimp fishery. The intended effect of this final rule is to
improve bycatch reduction efforts in the Gulf and South Atlantic shrimp
fisheries, provide greater flexibility to the industry, reduce the
potential adverse social and economic impacts to fishing communities of
previous restrictions, and meet the requirements of National Standard 9
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) which
[[Page 21680]]
requires, to the extent practicable, the minimization of bycatch and
bycatch mortality.
DATES: This rule is effective May 11, 2012, except for the amendments
to Sec. 622.41(g)(3)(ii) and Appendix D to part 622, paragraph G.,
which are effective May 25, 2012.
ADDRESSES: Documents related to this final rule may be obtained from
the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/GulfShrimp.htm.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-824-
5305, email: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The shrimp fishery in the exclusive economic
zone (EEZ) of the Gulf is managed under the Gulf FMP prepared by the
Gulf of Mexico Fishery Management Council (Gulf Council), and the
shrimp fishery in the EEZ of the South Atlantic is managed under the
South Atlantic FMP prepared by the South Atlantic Fishery Management
Council (South Atlantic Council). The Gulf and South Atlantic FMPs are
implemented under the authority of the Magnuson-Stevens Act by
regulations at 50 CFR part 622.
On January 9, 2012, NMFS published a proposed rule to certify two
new BRDs for use in the Gulf and South Atlantic shrimp fisheries, and
revise a harvesting restriction for shrimp vessels fishing in Federal
waters of the Gulf and requested public comment (77 FR 1045). On
January 23, 2012, NMFS published a correction to the proposed rule to
correct an error in the preamble, which stated that the ``Expanded Mesh
BRD'' would be decertified for use by the Gulf shrimp fishery after May
24, 2012, when it should have stated the ``Extended Funnel BRD'' would
be decertified for use in the Gulf shrimp fishery after May 24, 2012
(77 FR 3224). The proposed rule outlined the rationale for the actions
contained in this final rule and is not repeated here.
This final rule certifies two new BRDs for use in the Gulf and
South Atlantic shrimp fisheries, namely the Cone Fish Deflector
Composite Panel BRD and the Square Mesh Panel (SMP) Composite Panel
BRD, and provides technical specifications for the construction of
these BRDs. The two BRDS that are currently provisionally certified,
through May 24, 2012, namely the Composite Panel BRD and the Extended
Funnel BRD (Gulf only), will automatically be decertified on the date
their preliminary certification expires. The Extended Funnel BRD will
continue to be certified in the South Atlantic.
This final rule also revises a harvesting restriction for shrimp
vessels fishing in Federal waters of the Gulf. In accordance with
regulations established when Joint Amendment 14/27 to the Gulf FMP and
the FMP for the Reef Fish Fishery of the Gulf (Joint Amendment 14/27)
were implemented on February 28, 2008 (73 FR 3117, January 29, 2008),
the rate of shrimp trawl bycatch mortality on juvenile red snapper
found in the 10 to 30 fathom depth contours, west of Mobile Bay,
Alabama, must be reduced by at least 74 percent, compared to the
average rate of fishing mortality documented during 2001 through 2003.
Joint Amendment 14/27 further documented a direct correlation between
shrimp trawl bycatch mortality and shrimping effort, as measured in
days fished by shrimp vessels; meaning that shrimping effort, measured
in days fished, can be used as proxy for shrimp trawl bycatch mortality
rates. Based on data from 2001 through 2003, the benchmark mortality or
``F'' rate for shrimp trawl bycatch was 0.617. Using days fished as a
proxy for bycatch mortality, that F rate corresponds to 82,811 days
fished. To comply with Joint Amendment 14/27, the days fished needs to
be reduced by 74 percent, to meet the required 74 percent reduction in
bycatch mortality. To ensure that the F rate is reduced by 74 percent
to 0.160, the number of days fished in a particular year cannot exceed
21,531 days (i.e., a 74 percent reduction from 82,811 days). To date,
the annual shrimping effort has not exceeded the threshold level of
21,531 days, and no closures in the following fishing year have been
needed.
Joint Amendment 14/27 also established that this restriction would
be relaxed in 2011 by requiring only a 67 percent reduction (not 74
percent) in shrimp trawl bycatch mortality. In accordance with Joint
Amendment 14/27, this rule requires that the annual rate of shrimp
trawl bycatch mortality must now be reduced by 67 percent, again using
shrimping effort as a proxy for mortality. Using effort as measured in
days fished as a proxy for bycatch mortaility, to reduce mortality by
at least 67 percent, the number of days fished cannot now exceed a
threshold of 27,328 days. The intent of relaxing this restriction on
fishing effort is to benefit the shrimp fleet for its contribution to
red snapper recovery, much like increasing allowable catch to the
directed fishery as the red snapper stock recovers on its rebuilding
trajectory.
Comments and Responses
One letter was received commenting on the proposed rule,
identifying three issues. These comments and NMFS' responses are
presented below.
Comment 1: One of the elements of the Composite Panel BRD that
makes it preferable for use is that it can be constructed within the
existing standard turtle excluder device (TED) extension. This allows
the TED/BRD manufacturer to install both devices into the same
extension of webbing, resulting in labor and material savings. The
regulations should allow the BRD webbing extension to consist of the
aft portion of a currently legal TED extension with all the components
of the BRD otherwise installed, as described, and the openings cut into
the existing TED extension, as described.
Response: This final rule does not prohibit installing the
Composite Panel BRD designs (Composite Panel BRD, Cone Fish Deflector
Composite Panel BRD, and the SMP Composite Panel BRD) within the
existing TED extension, provided that the extension material in the aft
portion of the TED meets the specifications for the BRD installation as
well (i.e., 24\1/2\ meshes by 150 to 160 meshes). There is no
requirement to cut the TED extension off and sew a complete Composite
Panel BRD extension on the shortened TED extension. However, this may
be more efficient for some fishers who do not wish to take their TED
extensions out of their nets and take them to the net shop to have a
new Composite Panel BRD installed. Nevertheless, the BRD can be
installed in the TED extension. The portion of the extension that
constitutes the BRD extension must be installed no more than 4 meshes
from the posterior edge of the TED and the BRD escape openings must be
installed 1\1/2\ meshes from the leading edge of the BRD extension.
Therefore, if a Composite Panel BRD design is installed in the TED
extension, the BRD escape openings must be no more than 5\1/2\ meshes
from the posterior edge of the grid.
Comment 2: The instructions describing the starting point for
attachment of the leading edges of the panels should be changed from
``* * * extension starting 12 meshes up from the bottom center on each
side * * *'' to ``* * * extension starting 12-14-16-18 meshes (i.e., 10
percent of the circumference of the extension) up from the bottom
center on each side * * *'' This would more accurately keep the opening
in the same relative position to the original Composite Panel testing,
which was done using a 120-mesh
[[Page 21681]]
extension, as in the original write-up of the provisional certification
of the Composite Panel BRD. Establishing a requirement in terms of
percentages instead of meshes would allow for the same opening position
orientation in extensions as large as 180 meshes or even 200 meshes.
This should also more accurately place the openings in the 150 to 160
mesh extensions.
Response: The Composite Panel BRD regulations, as published
February 13, 2008 (73 FR 8219), require that the BRD be constructed
with a webbing extension with the dimensions of 24\1/2\ meshes by 150
to 160 meshes, not 120 meshes. All configurations of the Composite
Panel BRDs were tested with TED/BRD extensions of 150 to 160 meshes. It
is not known what the effect of installing the BRD into an extension of
180 or 200 meshes would have regarding the performance of the BRD.
Therefore, the portion of the extension that forms the BRD should be no
more than 160 meshes. Allowing the current provisionally certified
Composite Panel BRD to be installed in extensions of 180 to 200 meshes
would require additional certification tests with the larger
extensions.
Comment 3: The twine size of the currently described webbing
extension is not stated in the proposed rule (77 FR 1045, January 9,
2012) for either modification of the Composite Panel BRD.
Response: The current regulations for the provisional certification
of the Composite Panel BRD do not specify the twine size for the BRD
extension. The purpose of this omission is to allow the Composite Panel
BRDs to be installed in the TED extensions. NMFS acknowledges that the
construction and installation manual posted on the Southeast Regional
Office Web site (https://sero.nmfs.noaa.gov/sf/pdfs/Composite%20BRD%20Instructions.pdf) erroneously specifies a specific
twine size for the extension webbing. This error will be corrected in
the new construction and installation manuals for the two new
modifications of the Composite Panel BRD.
Changes From the Proposed Rule
The two BRDs whose provisional certification expires May 25, 2012
will still be provisionally certified at the time this final rule takes
effect. NMFS prepared the regulatory text in the proposed rule under
the assumption that the final rule would be effective on a date
concurrent with the expiration of the provisional certification of
these two BRDs. However, due to the timing of this final rule, the two
provisionally certified BRDS may still be used until May 25, 2012.
Therefore, the regulatory text has been revised to include these
provisionally certified BRDs through their date of effectiveness.
The effective date for the BRD construction instructions in Sec.
622.41, paragraph (g)(3)(ii), is delayed until May 25, 2012, when the
two provisionally certified BRDs expire. Additionally, the effective
date for the removal of the description of the Composite BRD in
Appendix D to part 622, paragraph G., is delayed until May 25, 2012.
Finally, the description of the two new BRDs being certified through
this rule are added to Appendix D in part 622, in paragraphs H. and I.,
instead of paragraphs G. and H., as written in the proposed rule
regulatory text.
To improve this rule's clarity, NMFS is adding the number of days
fished that result from the 67-percent target reduction of shrimp trawl
bycatch mortality on red snapper in Sec. 622.34 (l)(1).
NMFS is also correcting a typo in the description of the two new
BRDs being certified through this rule. The term ``number'' is removed
from the first sentence of part 622, Appendix D H.2.a. and I.2.a. The
minimum construction and installation requirements for the Cone Fish
Deflector Composite Panel BRD and the SMP Composite Panel BRD do not
specify a number for the twine size of the stretch mesh, to allow for
more flexibility in the construction of these BRDs, therefore the term
``number'' can be removed from these specifications.
Classification
The NMFS Assistant Administrator, Southeast Region, has determined
that the actions contained in this rule are necessary for the
conservation and management of the shrimp fishery in the Gulf and South
Atlantic and that they are 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 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 determination 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 proposed.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
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. 622.34, the second sentence of paragraph (l)(1) is revised
to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) * * *
(1) * * * The RA's determination of the need for such closure and
its geographical scope and duration will be based on an annual
assessment, by the Southeast Fisheries Science Center, of the shrimp
effort and associated shrimp trawl bycatch mortality on red snapper in
the 10-30 fathom area of statistical zones 10-21, compared to the 67-
percent target reduction of shrimp trawl bycatch mortality on red
snapper from the benchmark years of 2001-2003 established in the FMP
(which corresponds in terms of annual shrimp effort to 27,328 days
fished). * * *
* * * * *
0
3. In Sec. 622.41, paragraph (g)(3)(ii) is removed and reserved and
paragraphs (g)(3)(i)(G) and (H) are added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(g) * * *
(3) * * *
(i) * * *
(G) Cone Fish Deflector Composite Panel.
(H) Square Mesh Panel (SMP) Composite Panel.
* * * * *
0
4. In Appendix D to part 622, paragraph G. is removed and reserved and
paragraphs H. and I. are added to read as follows:
Appendix D to Part 622--Specifications for Certified BRDS
* * * * *
[[Page 21682]]
H. Cone Fish Deflector Composite Panel.
1. Description. The Cone Fish Deflector Composite Panel BRD is a
variation to the alternative funnel construction method of the
Jones-Davis BRD, except the funnel is assembled by using depth-
stretched and heat-set polyethylene webbing with square mesh panels
on the inside instead of the flaps formed from the extension
webbing. In addition, no hoops are used to hold the BRD open.
2. Minimum Construction and Installation Requirements. The Cone
Fish Deflector Composite Panel BRD must contain all of the
following:
(a) Webbing extension. 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. A tube is formed from the extension webbing piece by
sewing the 24\1/2\-mesh sides together. The leading edge of the
webbing extension must be attached no more than 4 meshes from the
posterior edge of the TED grid.
(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 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.
(c) Cutting the escape opening. There are two escape openings on
each side of the funnel. The leading edge of the escape openings
must be located on the same row of meshes in the extension webbing
as the leading edge of the composite panels. The lower openings are
formed by starting at the first attachment point of the composite
panels and cutting 9 meshes in the extension webbing on an even row
of meshes toward the top of the extension. Next, turn 90 degrees and
cut 15 points on an even row toward the back of the extension
webbing. At this point turn and cut 18 bars toward the bottom front
of the extension webbing. Finish the escape opening by cutting 6
points toward the original starting point. The top escape openings
start 5 meshes above and mirror the lower openings. Starting at the
leading edge of the composite panel and 5 meshes above the lower
escape opening, cut 9 meshes in the extension on an even row of
meshes toward the top of the extension. Next, turn 90 degrees, and
cut 6 points on an even row toward the back of the extension
webbing. Then cut 18 bars toward the bottom back of the extension.
To complete the escape opening, cut 15 points forward toward the
original starting point. The area of each escape opening must total
at least 212 in\2\ (1,368 cm\2\). The four escape openings must be
double selvaged for strength.
(d) Cone fish deflector. The cone fish deflector is constructed
of 2 pieces of 1\5/8\-inch (4.1-cm) polypropylene or polyethylene
webbing, 40 meshes wide by 20 meshes in length and cut on the bar on
each side forming a triangle. Starting at the apex of the two
triangles, the two pieces must be sewn together to form a cone of
webbing. The apex of the cone fish deflector must be positioned
within 12 inches (30.5 cm) of the posterior edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone deflector. A single
hoop must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch
(0.95-cm) cable 34\1/2\ inches (87.6 cm) in length. The ends must be
joined by a 3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum
pipe pressed together with a \1/4\-inch (0.64-cm) die. The hoop must
be inserted in the webbing cone, attached 10 meshes from the apex
and laced all the way around with heavy twine.
(f) Installation of the cone in the extension. The apex of the
cone must be installed in the extension within 12 inches (30.5 cm)
behind the back edge of the funnel and attached in four places. The
midpoint of a piece of number 60 twine (or at least 4-mesh wide
strip of number 21 or heavier webbing) 3 ft (1.22 m) in length must
be attached to the apex of the cone. This piece of twine or webbing
must be attached within 5 meshes of the aft edge of the funnel at
the center of each of its sides. Two 12-inch (30.5-cm) pieces of
number 60 (or heavier) twine must be attached to the top and bottom
of the 11-inch (27.9-cm) cone hoop. The opposite ends of these two
pieces of twine must be attached to the top and bottom center of the
extension webbing to keep the cone from inverting into the funnel.
I. Square Mesh Panel (SMP) Composite Panel.
1. Description. The SMP is a panel of square mesh webbing placed
in the top of the cod end to provide finfish escape openings.
2. Minimum Construction and Installation Requirements. The SMP
Composite Panel BRD must contain all of the following:
(a) Webbing extension. 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. A tube is formed from the extension webbing piece by
sewing the 24\1/2\-mesh sides together. The leading edge of the
webbing extension must be attached no more than 4 meshes from the
posterior edge of the TED grid.
(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 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.
(c) Cutting the escape opening. There are two escape openings on
each side of the funnel. The leading edge of the escape openings
must be located on the same row of meshes in the extension webbing
as the leading edge of the composite panels. The lower openings are
formed by starting at the first attachment point of the composite
panels and cutting 9 meshes in the extension webbing on an even row
of meshes toward the top of the extension. Next, turn 90
[[Page 21683]]
degrees and cut 15 points on an even row toward the back of the
extension webbing. At this point turn and cut 18 bars toward the
bottom front of the extension webbing. Finish the escape opening by
cutting 6 points toward the original starting point. The top escape
openings start 5 meshes above and mirror the lower openings.
Starting at the leading edge of the composite panel and 5 meshes
above the lower escape opening, cut 9 meshes in the extension on an
even row of meshes toward the top of the extension. Next, turn 90
degrees, and cut 6 points on an even row toward the back of the
extension webbing. Then cut 18 bars toward the bottom back of the
extension. To complete the escape opening, cut 15 points forward
toward the original starting point. The area of each escape opening
must total at least 212 in\2\ (1,368 cm\2\). The four escape
openings must be double selvaged for strength.
(d) SMP. The SMP is constructed from a single piece of square
mesh webbing with a minimum dimension of 5 squares wide and 12
squares in length with a minimum mesh size of 3-inch (76-mm)
stretched mesh. The maximum twine diameter of the square mesh is
number 96 twine (4 mm).
(e) Cutting the SMP escape opening. The escape opening is a
rectangular hole cut in the top center of the cod end webbing. The
posterior edge of the escape opening must be placed no farther
forward that 8 ft (2.4 m) from the cod end drawstring (tie-off
rings). The width of the escape opening, as measured across the cod
end, must be four cod end meshes per square of the SMP (i.e., a cut
of 20 cod end meshes for a SMP that is 5 meshes wide). The stretched
mesh length of the escape opening must be equal to the total length
of the SMP. No portion of the SMP escape opening may be covered with
additional material or netting such as chaffing webbing, which might
impede or prevent fish escapement.
(f) Installation of the SMP. The SMP must be attached to the
edge of the escape opening evenly around the perimeter of the escape
opening cut with heavy twine.
[FR Doc. 2012-8730 Filed 4-10-12; 8:45 am]
BILLING CODE 3510-22-P
