Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Omega Electronic Mesh Measurement Gauge Method for Measuring Net Mesh Size, 7626-7628 [2023-01619]
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7626
Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
the device meet the specific technical
standards in this part.
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(j) Notwithstanding other provisions
of this section, the rules governing
certification apply to any equipment
produced by any entity identified on the
Covered List, as established pursuant to
§ 1.50002 of this chapter, as producing
covered communications equipment.
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*
[FR Doc. 2022–28263 Filed 2–3–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819687–5583–02; RTID
0648–XC734]
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2022–2023 Commercial Trip
Limit Reduction for Spanish Mackerel
in the Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the
commercial trip limit for the Atlantic
migratory group of Spanish mackerel in
the southern zone of the Atlantic
exclusive economic zone (EEZ) to 1,500
lb (680 kg) in round or gutted weight per
day. This commercial trip limit
reduction is necessary to increase the
socioeconomic benefits of the fishery.
DATES: This temporary rule is effective
from 6 a.m. eastern time on February 4,
2023, until 12:01 a.m. eastern time on
March 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
in the Atlantic EEZ includes king
mackerel, Spanish mackerel, and cobia
on the east coast of Florida, and is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils and is
implemented by NMFS under the
authority of the Magnuson-Stevens
DDrumheller on DSK120RN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:26 Feb 03, 2023
Jkt 259001
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights described for the Atlantic
migratory group of Spanish mackerel
(Atlantic Spanish mackerel) apply as
either round or gutted weight.
For management purposes, the
commercial sector of Atlantic Spanish
mackerel is divided into northern and
southern zones. The southern zone
consists of Federal waters off South
Carolina, Georgia, and the east coast of
Florida, as specified in 50 CFR
622.369(b)(2)(ii). The southern zone
boundaries for Atlantic Spanish
mackerel extend from the border of
North Carolina and South Carolina,
which is a line extending in a direction
of 135°34′55″ from true north beginning
at 33°51′07.9″ N latitude and
78°32′32.6″ W longitude to the
intersection point with the outward
boundary of the EEZ, to the border of
Miami-Dade and Monroe Counties in
Florida at 25°20′24″ N latitude.
The southern zone commercial quota
for Atlantic Spanish mackerel is
2,667,330 lb (1,209,881 kg). Seasonally
variable trip limits are based on an
adjusted commercial quota of 2,417,330
lb (1,096,482 kg). The adjusted
commercial quota is calculated to allow
continued harvest in the southern zone
at a set rate for the remainder of the
current fishing year, through February
28, 2023, in accordance with 50 CFR
622.385(b)(2).
As specified at 50 CFR
622.385(b)(1)(ii)(B), after 75 percent of
the adjusted commercial quota of
Atlantic Spanish mackerel for the
southern zone is reached or is projected
to be reached, Atlantic Spanish
mackerel in or from the EEZ in the
southern zone may not be possessed on
board or landed from a vessel that has
been issued a Federal permit for
Atlantic Spanish mackerel in amounts
exceeding 1,500 lb (680 kg) per day.
NMFS has determined that 75 percent
of the adjusted commercial quota for
Atlantic Spanish mackerel for the
southern zone will be reached by
February 4, 2023. Accordingly, the
commercial trip limit of 1,500 lb (680
kg) per day applies to Atlantic Spanish
mackerel harvested in or from the EEZ
in the southern zone effective from 6
a.m. eastern time on February 4, 2023,
until 12:01 a.m. eastern time on March
1, 2023, unless NMFS announces a
subsequent change through a
notification in the Federal Register.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
622.385(b)(1)(ii)(B), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulations
associated with the commercial trip
limit for Atlantic Spanish mackerel have
already been subject to notice and
public comment, and all that remains is
to notify the public of the commercial
trip limit reduction. Prior notice and
opportunity for public comment on this
action is contrary to the public interest
because of the time required to provide
notice and an opportunity for public
comment. There is a need to
immediately implement the commercial
trip limit reduction to increase the
socioeconomic benefits of the fishery.
The capacity of the fishing fleet allows
for rapid harvest of the commercial
quota, and any delay in reducing the
commercial trip limit could result in the
commercial quota being reached. If the
commercial quota is reached, NMFS is
required to implement further fishery
restrictions, thereby limiting the
socioeconomic benefits of the fishery.
For the reasons stated earlier, there is
good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness
of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 1, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–02439 Filed 2–1–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230119–0020]
RIN 0648–BJ04
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Omega Electronic Mesh
Measurement Gauge Method for
Measuring Net Mesh Size
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
ACTION:
Final rule.
This rule modifies regulations
to add the Omega net mesh
measurement gauge as a permissible
device for net mesh measurement and to
correct regulatory references to gear
restrictions. This action is required to
allow the use of the Omega gauge as a
method for measuring and enforcing net
mesh size. Adoption of the Omega
gauge, a handheld electronic device, is
intended to improve the efficiency,
safety, and cost-effectiveness of at-sea
net mesh enforcement.
DATES: Effective February 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Policy
Analyst, phone: (978) 281–9232; email:
Spencer.Talmage@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
DDrumheller on DSK120RN23PROD with RULES
Omega Electronic Net Mesh
Measurement Gauge
Under section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Secretary of Commerce is authorized to
implement regulations that are
necessary to carry out any fishery
management plan or amendment. We
have determined that the adoption of
the Omega electronic net mesh
measurement gauge (Omega gauge) as an
enforcement tool by the U.S. Coast
Guard, NMFS Office of Law
Enforcement, and other authorized
enforcement agencies to measure net
mesh sizes of trawl gear will improve
the safety, efficiency, and costeffectiveness of enforcement boardings
at-sea. The Omega gauge will assist in
the enforcement of gear requirements for
all fishery management plans (FMP)
administered by the Greater Atlantic
Regional Fisheries Office, but is
otherwise administrative and will not
result in any changes to fishing behavior
or obligations of the fishing industry.
We are amending the regulations in
§§ 648.51(a)(2)(ii) and (b)(4)(v),
648.80(f)(2), and 648.108(a)(2) to add
the Omega gauge to trawl net mesh
measurement protocols.
The Omega gauge is an automated,
handheld electronic device for
measuring net mesh size. A full
description of its properties is available
in the proposed rule (87 FR 59386,
September 30, 2022).
Following the recommendation of its
Joint Enforcement Committee and
Advisory Panel, the New England
Fishery Management Council
recommended the use of the Omega
gauge for net mesh size measurement.
Subsequently, the NOAA Office of Law
Enforcement and Office of General
VerDate Sep<11>2014
16:26 Feb 03, 2023
Jkt 259001
Counsel reviewed the study results,
operations manual, and other
information and determined the Omega
gauge is suitable for net mesh
measurements.
Regulatory Corrections
We are also amending the regulations
at §§ 648.80(c)(2)(i) and (ii) and
648.125(a)(2) to correct cross-references
that erroneously direct readers to
minimum fish sizes in the summer
flounder fishery at § 648.104. The
correct reference is to summer flounder
gear restrictions at § 648.108(a)(2).
The erroneous cross-references
contribute to public confusion and
potential misunderstanding of gear
requirements and restrictions. This
correction will ensure accurate
information and notice is provided to
fishing industry participants of these
requirements and restrictions. This
correction clarifies compliance
requirements and does not impose any
new requirements. Correcting this crossreference error improves clarity and
reduces chances for confusion. The gear
requirements in the corrected crossreferences are longstanding, have been
widely and regularly communicated in
NMFS’ bulletins, permit-holder letters,
and website. Based on this NMFS
expects that vessels are already in
compliance with the gear requirements
in the cross-references being corrected.
Comments and Responses
We received no comments on the
proposed rule and, as such, no
substantive changes from the proposed
rule were made as a result of the open
comment period.
Classification
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Act.
Pursuant to Magnuson-Stevens Act
section 305(d), this action is necessary
to carry out the trawl net mesh
measurement regulations for all FMPs
administered by the Greater Atlantic
Regional Fisheries Office. It provides an
efficient, safe, and cost-effective tool for
net mesh size enforcement that is
expected to lead to improved boardingsat-sea and more effective
implementation and enforcement of net
mesh size requirements. The NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Magnuson-Stevens Act and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order (E.O.) 12866.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date for this rule. The 30-day
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
7627
delay in effective date is unnecessary
and would be contrary to the public
interest. This rule is not controversial
and is easy to understand, as evidenced
by the lack of any public comment on
this rule. Further, the 30-day delayed
effective date is unnecessary because
adoption of the Omega gauge by Coast
Guard or NMFS authorized officers does
not require vessels to change any fishing
behavior. The Omega gauge is a tool for
authorized officers to use to measure
fish mesh size for compliance with
current, long-existing mesh size
requirements. Delayed use of the Omega
gauge is also contrary to the public
interest because it is expected to benefit
vessel and operator permit holders and
vessel crewmembers by improving the
efficiency of at-sea boardings without
imposing any new costs on them.
Delay in the effective date of this rule
would also be unnecessary and contrary
to the public interest because current
regulations relating to summer flounder
vessel net requirements include
incorrect references to summer flounder
permitted vessel gear requirements. This
rule corrects that mistake and thereby
provides accurate notice to fishermen of
their compliance requirements.
Implementing correct information thus
avoids any potential confusion and
facilitates compliance and fishing
practices consistent with the summer
flounder fishery management plan’s
requirements.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule does not contain any
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: January 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is amended
as follows:
E:\FR\FM\06FER1.SGM
06FER1
7628
Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.51, revise paragraphs
(a)(2)(ii) and (b)(4)(v) to read as follows:
■
DDrumheller on DSK120RN23PROD with RULES
§ 648.51
Gear and crew restrictions.
(a) * * *
(2) * * *
(ii) Measurement of mesh size. Mesh
size is measured by using an electronic
Omega gauge or a wedge-shaped gauge.
The Omega gauge has a measuring range
of at least 10–300 mm (0.4 inches–11.81
inches), and shall be inserted into the
meshes under a pressure or pull of 125
N or 12.75 kg for mesh greater than or
equal to 55 mm (2.17 inches) and under
a pressure or pull of 50 N or 5.10 kg for
mesh less than 55 mm (2.17 inches).
The wedge shaped gauge, with a taper
of 2 cm (0.79 inches) in 8 cm (3.15
inches) and a thickness of 2.3 mm (0.09
inches), shall be inserted into the
meshes under a pressure or pull of 5 kg
(11.02 lb) for mesh size less than 120
mm (4.72 inches) and under a pressure
or pull of 8 kg (17.64 lb) for mesh size
at, or greater than, 120 mm (4.72
inches). The mesh size is the average of
the measurements of any series of 20
consecutive meshes for nets having 75
or more meshes, and 10 consecutive
meshes for nets having fewer than 75
meshes when using either the Omega
gauge or the wedge-shaped gauge. The
mesh in the regulated portion of the net
is measured at least five meshes away
from the lacings running parallel to the
long axis of the net.
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*
(b) * * *
(4) * * *
(v) Measurement of twine top mesh
size. Twine top mesh size is measured
by using an electronic Omega gauge or
a wedge-shaped gauge. The Omega
gauge has a measuring range of at least
10–300 mm (0.4 inches–11.81 inches),
and shall be inserted into the meshes
under a pressure or pull of 125 N or
12.75 kg for mesh greater than or equal
to 55 mm (2.17 inches) and under a
pressure or pull of 50 N or 5.10 kg for
mesh less than 55 mm (2.17 inches).
The wedge shaped gauge, with a taper
of 2 cm (0.79 inches) in 8 cm (3.15
inches) and a thickness of 2.3 mm (0.09
inches), shall be inserted into the
meshes under a pressure or pull of 8 kg
(17.64 lb). The mesh size is the average
of the measurements of any series of 20
consecutive meshes for twine tops
having 75 or more meshes, and 10
consecutive meshes for twine tops
VerDate Sep<11>2014
16:26 Feb 03, 2023
Jkt 259001
having fewer than 75 meshes when
using either the Omega gauge or the
wedge-shaped gauge. The mesh in the
twine top must be measured along the
length of the twine top, running parallel
to a longitudinal axis, and be at least
five meshes away from where the twine
top mesh meets the rings, running
parallel to the long axis of the twine top.
*
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*
■ 3. In § 648.80, revise paragraphs
(c)(2)(i) and (ii) and (f)(2) introductory
text to read as follows:
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
*
*
*
*
*
(c) * * *
(2) * * *
(i) Vessels using trawls. Except as
provided in paragraph (c)(2)(iii) of this
section, and § 648.85(b)(6), the
minimum mesh size for any trawl net
not stowed and not available for
immediate use as defined in § 648.2, on
a vessel or used by a vessel fishing
under the NE multispecies DAS
program or on a sector trip in the MA
Regulated Mesh Area, shall be that
specified by § 648.108(a), applied
throughout the body and extension of
the net, or any combination thereof, and
6.5-inch (16.5-cm) diamond or square
mesh applied to the codend of the net,
as defined in paragraph (a)(3)(i) of this
section. This restriction does not apply
to nets or pieces of nets smaller than 3
ft (0.9 m) × 3 ft (0.9 m), (9 sq ft (0.81
sq m)), or to vessels that have not been
issued a NE multispecies permit and
that are fishing exclusively in state
waters.
(ii) Vessels using Scottish seine,
midwater trawl, and purse seine. Except
as provided in paragraph (c)(2)(iii) of
this section, the minimum mesh size for
any sink gillnet, Scottish seine,
midwater trawl, or purse seine, not
stowed and not available for immediate
use as defined in § 648.2, on a vessel or
used by a vessel fishing under a DAS in
the NE multispecies DAS program in the
MA Regulated Mesh Area, shall be that
specified in § 648.108(a). This
restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m)
× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or
to vessels that have not been issued a
NE multispecies permit and that are
fishing exclusively in state waters.
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*
(f) * * *
(2) All other nets. With the exception
of gillnets, mesh size is measured by an
electronic Omega gauge or a wedgeshaped gauge. The Omega gauge has a
measuring range of at least 10–300 mm
PO 00000
Frm 00072
Fmt 4700
Sfmt 9990
(0.4 inches–11.81 inches), and shall be
inserted into the meshes under a
pressure or pull of 125 N or 12.75 kg for
mesh greater than or equal to 55 mm
(2.17 inches) and under a pressure or
pull of 50 N or 5.10 kg for mesh less
than 55 mm (2.17 inches). The wedge
shaped gauge, with a taper of 2 cm (0.79
inches) in 8 cm (3.15 inches), and a
thickness of 2.3 mm (0.09 inches), shall
be inserted into the meshes under a
pressure or pull of 5 kg (11.02 lb) for
mesh size less than 120 mm (4.72
inches) and under a pressure or pull of
8 kg (17.64 lb) for mesh size at, or
greater, than 120 mm (4.72 inches).
*
*
*
*
*
4. In § 648.108, revise paragraph (a)(2)
to read as follows:
■
§ 648.108 Summer flounder gear
restrictions.
(a) * * *
(2) Mesh size is measured by using an
electronic Omega gauge or a wedgeshaped gauge. The Omega gauge has a
measuring range of at least 10–300 mm
(0.4 inches–11.81 inches), and shall be
inserted into the meshes under a
pressure or pull of 125 N or 12.75 kg for
mesh greater than or equal to 55 mm
(2.17 inches) and under a pressure or
pull of 50 N or 5.10 kg for mesh less
than 55 mm (2.17 inches). The wedge
shaped gauge, with a taper of 2 cm (0.79
inches) in 8 cm (3.15 inches), and a
thickness of 2.3 mm (0.09 inches), shall
be inserted into the meshes under a
pressure or pull of 5 kg (11.02 lb) for
mesh size less than 120 mm (4.72
inches) and under a pressure or pull of
8 kg (17.64 lb) for mesh size at, or
greater than, 120 mm (4.72 inches). The
mesh size is the average of the
measurements of any series of 20
consecutive meshes for nets having 75
or more meshes, and 10 consecutive
meshes for nets having fewer than 75
meshes, when using either the Omega
gauge or the wedge-shaped gauge. The
mesh in the regulated portion of the net
is measured at least five meshes away
from the lacings, running parallel to the
long axis of the net.
*
*
*
*
*
5. In § 648.125, revise paragraph (a)(2)
to read as follows:
■
§ 648.125
Scup gear restrictions.
(a) * * *
(2) Mesh-size measurement. Mesh
sizes will be measured according to the
procedure specified in § 648.108(a)(2).
*
*
*
*
*
[FR Doc. 2023–01619 Filed 2–3–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7626-7628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01619]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230119-0020]
RIN 0648-BJ04
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Omega Electronic Mesh Measurement Gauge Method for
Measuring Net Mesh Size
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 7627]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule modifies regulations to add the Omega net mesh
measurement gauge as a permissible device for net mesh measurement and
to correct regulatory references to gear restrictions. This action is
required to allow the use of the Omega gauge as a method for measuring
and enforcing net mesh size. Adoption of the Omega gauge, a handheld
electronic device, is intended to improve the efficiency, safety, and
cost-effectiveness of at-sea net mesh enforcement.
DATES: Effective February 6, 2023.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, phone: (978) 281-9232; email: [email protected].
SUPPLEMENTARY INFORMATION:
Omega Electronic Net Mesh Measurement Gauge
Under section 305(d) of the Magnuson-Stevens Fishery Conservation
and Management Act, the Secretary of Commerce is authorized to
implement regulations that are necessary to carry out any fishery
management plan or amendment. We have determined that the adoption of
the Omega electronic net mesh measurement gauge (Omega gauge) as an
enforcement tool by the U.S. Coast Guard, NMFS Office of Law
Enforcement, and other authorized enforcement agencies to measure net
mesh sizes of trawl gear will improve the safety, efficiency, and cost-
effectiveness of enforcement boardings at-sea. The Omega gauge will
assist in the enforcement of gear requirements for all fishery
management plans (FMP) administered by the Greater Atlantic Regional
Fisheries Office, but is otherwise administrative and will not result
in any changes to fishing behavior or obligations of the fishing
industry. We are amending the regulations in Sec. Sec.
648.51(a)(2)(ii) and (b)(4)(v), 648.80(f)(2), and 648.108(a)(2) to add
the Omega gauge to trawl net mesh measurement protocols.
The Omega gauge is an automated, handheld electronic device for
measuring net mesh size. A full description of its properties is
available in the proposed rule (87 FR 59386, September 30, 2022).
Following the recommendation of its Joint Enforcement Committee and
Advisory Panel, the New England Fishery Management Council recommended
the use of the Omega gauge for net mesh size measurement. Subsequently,
the NOAA Office of Law Enforcement and Office of General Counsel
reviewed the study results, operations manual, and other information
and determined the Omega gauge is suitable for net mesh measurements.
Regulatory Corrections
We are also amending the regulations at Sec. Sec. 648.80(c)(2)(i)
and (ii) and 648.125(a)(2) to correct cross-references that erroneously
direct readers to minimum fish sizes in the summer flounder fishery at
Sec. 648.104. The correct reference is to summer flounder gear
restrictions at Sec. 648.108(a)(2).
The erroneous cross-references contribute to public confusion and
potential misunderstanding of gear requirements and restrictions. This
correction will ensure accurate information and notice is provided to
fishing industry participants of these requirements and restrictions.
This correction clarifies compliance requirements and does not impose
any new requirements. Correcting this cross-reference error improves
clarity and reduces chances for confusion. The gear requirements in the
corrected cross-references are longstanding, have been widely and
regularly communicated in NMFS' bulletins, permit-holder letters, and
website. Based on this NMFS expects that vessels are already in
compliance with the gear requirements in the cross-references being
corrected.
Comments and Responses
We received no comments on the proposed rule and, as such, no
substantive changes from the proposed rule were made as a result of the
open comment period.
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. Pursuant to Magnuson-Stevens Act section 305(d), this
action is necessary to carry out the trawl net mesh measurement
regulations for all FMPs administered by the Greater Atlantic Regional
Fisheries Office. It provides an efficient, safe, and cost-effective
tool for net mesh size enforcement that is expected to lead to improved
boardings-at-sea and more effective implementation and enforcement of
net mesh size requirements. The NMFS Assistant Administrator has
determined that this final rule is consistent with the Magnuson-Stevens
Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date for this rule. The 30-day delay in effective
date is unnecessary and would be contrary to the public interest. This
rule is not controversial and is easy to understand, as evidenced by
the lack of any public comment on this rule. Further, the 30-day
delayed effective date is unnecessary because adoption of the Omega
gauge by Coast Guard or NMFS authorized officers does not require
vessels to change any fishing behavior. The Omega gauge is a tool for
authorized officers to use to measure fish mesh size for compliance
with current, long-existing mesh size requirements. Delayed use of the
Omega gauge is also contrary to the public interest because it is
expected to benefit vessel and operator permit holders and vessel
crewmembers by improving the efficiency of at-sea boardings without
imposing any new costs on them.
Delay in the effective date of this rule would also be unnecessary
and contrary to the public interest because current regulations
relating to summer flounder vessel net requirements include incorrect
references to summer flounder permitted vessel gear requirements. This
rule corrects that mistake and thereby provides accurate notice to
fishermen of their compliance requirements. Implementing correct
information thus avoids any potential confusion and facilitates
compliance and fishing practices consistent with the summer flounder
fishery management plan's requirements.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule does not contain any information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
[[Page 7628]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.51, revise paragraphs (a)(2)(ii) and (b)(4)(v) to read
as follows:
Sec. 648.51 Gear and crew restrictions.
(a) * * *
(2) * * *
(ii) Measurement of mesh size. Mesh size is measured by using an
electronic Omega gauge or a wedge-shaped gauge. The Omega gauge has a
measuring range of at least 10-300 mm (0.4 inches-11.81 inches), and
shall be inserted into the meshes under a pressure or pull of 125 N or
12.75 kg for mesh greater than or equal to 55 mm (2.17 inches) and
under a pressure or pull of 50 N or 5.10 kg for mesh less than 55 mm
(2.17 inches). The wedge shaped gauge, with a taper of 2 cm (0.79
inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches),
shall be inserted into the meshes under a pressure or pull of 5 kg
(11.02 lb) for mesh size less than 120 mm (4.72 inches) and under a
pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater than,
120 mm (4.72 inches). The mesh size is the average of the measurements
of any series of 20 consecutive meshes for nets having 75 or more
meshes, and 10 consecutive meshes for nets having fewer than 75 meshes
when using either the Omega gauge or the wedge-shaped gauge. The mesh
in the regulated portion of the net is measured at least five meshes
away from the lacings running parallel to the long axis of the net.
* * * * *
(b) * * *
(4) * * *
(v) Measurement of twine top mesh size. Twine top mesh size is
measured by using an electronic Omega gauge or a wedge-shaped gauge.
The Omega gauge has a measuring range of at least 10-300 mm (0.4
inches-11.81 inches), and shall be inserted into the meshes under a
pressure or pull of 125 N or 12.75 kg for mesh greater than or equal to
55 mm (2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for
mesh less than 55 mm (2.17 inches). The wedge shaped gauge, with a
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches) and a thickness of
2.3 mm (0.09 inches), shall be inserted into the meshes under a
pressure or pull of 8 kg (17.64 lb). The mesh size is the average of
the measurements of any series of 20 consecutive meshes for twine tops
having 75 or more meshes, and 10 consecutive meshes for twine tops
having fewer than 75 meshes when using either the Omega gauge or the
wedge-shaped gauge. The mesh in the twine top must be measured along
the length of the twine top, running parallel to a longitudinal axis,
and be at least five meshes away from where the twine top mesh meets
the rings, running parallel to the long axis of the twine top.
* * * * *
0
3. In Sec. 648.80, revise paragraphs (c)(2)(i) and (ii) and (f)(2)
introductory text to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(c) * * *
(2) * * *
(i) Vessels using trawls. Except as provided in paragraph
(c)(2)(iii) of this section, and Sec. 648.85(b)(6), the minimum mesh
size for any trawl net not stowed and not available for immediate use
as defined in Sec. 648.2, on a vessel or used by a vessel fishing
under the NE multispecies DAS program or on a sector trip in the MA
Regulated Mesh Area, shall be that specified by Sec. 648.108(a),
applied throughout the body and extension of the net, or any
combination thereof, and 6.5-inch (16.5-cm) diamond or square mesh
applied to the codend of the net, as defined in paragraph (a)(3)(i) of
this section. This restriction does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to
vessels that have not been issued a NE multispecies permit and that are
fishing exclusively in state waters.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine.
Except as provided in paragraph (c)(2)(iii) of this section, the
minimum mesh size for any sink gillnet, Scottish seine, midwater trawl,
or purse seine, not stowed and not available for immediate use as
defined in Sec. 648.2, on a vessel or used by a vessel fishing under a
DAS in the NE multispecies DAS program in the MA Regulated Mesh Area,
shall be that specified in Sec. 648.108(a). This restriction does not
apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE
multispecies permit and that are fishing exclusively in state waters.
* * * * *
(f) * * *
(2) All other nets. With the exception of gillnets, mesh size is
measured by an electronic Omega gauge or a wedge-shaped gauge. The
Omega gauge has a measuring range of at least 10-300 mm (0.4 inches-
11.81 inches), and shall be inserted into the meshes under a pressure
or pull of 125 N or 12.75 kg for mesh greater than or equal to 55 mm
(2.17 inches) and under a pressure or pull of 50 N or 5.10 kg for mesh
less than 55 mm (2.17 inches). The wedge shaped gauge, with a taper of
2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 2.3 mm
(0.09 inches), shall be inserted into the meshes under a pressure or
pull of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches)
and under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or
greater, than 120 mm (4.72 inches).
* * * * *
0
4. In Sec. 648.108, revise paragraph (a)(2) to read as follows:
Sec. 648.108 Summer flounder gear restrictions.
(a) * * *
(2) Mesh size is measured by using an electronic Omega gauge or a
wedge-shaped gauge. The Omega gauge has a measuring range of at least
10-300 mm (0.4 inches-11.81 inches), and shall be inserted into the
meshes under a pressure or pull of 125 N or 12.75 kg for mesh greater
than or equal to 55 mm (2.17 inches) and under a pressure or pull of 50
N or 5.10 kg for mesh less than 55 mm (2.17 inches). The wedge shaped
gauge, with a taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a
thickness of 2.3 mm (0.09 inches), shall be inserted into the meshes
under a pressure or pull of 5 kg (11.02 lb) for mesh size less than 120
mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 lb) for
mesh size at, or greater than, 120 mm (4.72 inches). The mesh size is
the average of the measurements of any series of 20 consecutive meshes
for nets having 75 or more meshes, and 10 consecutive meshes for nets
having fewer than 75 meshes, when using either the Omega gauge or the
wedge-shaped gauge. The mesh in the regulated portion of the net is
measured at least five meshes away from the lacings, running parallel
to the long axis of the net.
* * * * *
0
5. In Sec. 648.125, revise paragraph (a)(2) to read as follows:
Sec. 648.125 Scup gear restrictions.
(a) * * *
(2) Mesh-size measurement. Mesh sizes will be measured according to
the procedure specified in Sec. 648.108(a)(2).
* * * * *
[FR Doc. 2023-01619 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-22-P
