![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Fisheries of the Northeastern United States; Method For Measuring Net Mesh Size
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Proposed Rules]
[Page 56098-56099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se06-25]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060906236-6236-01; I.D. 083006B]
RIN 0648-AU83
Fisheries of the Northeastern United States; Method For Measuring
Net Mesh Size
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to amend the regulations governing how fishing
net mesh size is measured in the Northeast. This proposed change would
increase the weight used to measure mesh larger than 120 mm (4.72
inches) in all fisheries. The intent of this proposed rule is to ensure
consistent and accurate measurements of fishing net mesh size.
DATES: Written comments must be received no later than 5 p.m. local
time on October 26, 2006
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: MeshRegChange@noaa.gov
Federal e-Rulemaking Portal: http://www.regulations.gov.
Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region,
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA
01930-2298. Please write on the envelope: Comments on Proposed Change
to Mesh Measurement Regulations.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management
Specialist, (978) 281-9341, FAX (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
NOAA Office of Law Enforcement, U.S. Coast Guard, and state
enforcement partners have recently issued a clarification of the method
used in measuring fishing net mesh size. This protocol closely follows
the regulatory language, at 50 CFR Part 648, that a wedge-shaped net
measurement gauge be allowed to settle under a specified weight,
without shaking the net or pressing on the gauge to force it deeper
into the mesh opening. This clarification eliminated some of the
[[Page 56099]]
variation in methods used previously by the various enforcement
agencies and personnel. However, the New England Fishery Management
Council (Council) raised a concern that the twine bars of stiffer
twines (especially those used in larger mesh) may not align properly
under a load of 5 kg (11.02 lb), the specified force for all mesh sizes
for many years. This has led to an increase in citations for mesh-size
violations on gear that had previously measured as legal.
The Council has requested that the NMFS increase the weight to 8 kg
(17.64 lb) for measuring the opening in mesh greater than 120 mm (4.72
inches). The increased weight would produce a force consistent with the
recommendations of the International Council for the Exploration of the
Seas (ICES) in the 2004 report Mesh Size Measurement Revisited, which
were incorporated into ICES's new OMEGA (Objective Mesh Gauge) mesh
measurement gauge. The 5-kg weight would continue to be used to measure
mesh smaller than 120 mm. Other measurement systems require frequent
calibration and/or are subject to loss of battery power. The wedge
gauge also has a long established case history in the Northeast.
It is not expected that the increased weight would result in any de
facto reduction in legal mesh size. Scientific studies that determine
the selectivity and retention of specific mesh sizes typically use a
longitudinal measuring force such as the old ICES gauge or the new
OMEGA gauge rather than the wedge. The increased weight is not enough
to significantly distort the mesh and would not result in the use of
mesh smaller than that considered in previous analyses of environmental
impacts.
Classification
NMFS has determined that this proposed rule is consistent with the
FMPs and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Regional Administrator has determined that this proposed rule
is a minor technical addition, correction, or change to a management
plan and is therefore categorically excluded from the requirement to
prepare an Environmental Impact Statement or equivalent document under
the National Environmental Policy Act.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This amendment would not change the minimum mesh size for any fishery
or require any fishermen to purchase new gear. The only economic impact
of the proposed rule would be to law enforcement agencies to acquire
the additional weights. In addition, because this rule is expected to
correct the increase in mesh size violations on gear that had
previously measured legally, this rule may provide an economic benefit
to fishermen. As a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.51, paragraph (a)(2)(ii) is revised to read as follows:
Sec. 648.51 Gear and crew restrictions.
(a) * * *
(2) * * *
(ii) Measurement of mesh size. Mesh size is measured by using a
wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15
inches) and a thickness of 2.3 mm (0.09 inches), inserted into the
meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less
than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64
lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh
size is the average of the measurements of any series of 20 consecutive
meshes for nets having 75 or more meshes, and 10 consecutive meshes for
nets having fewer than 75 meshes. The mesh in the regulated portion of
the net is measured at least five meshes away from the lacings running
parallel to the long axis of the net.
* * * * *
3. In Sec. 648.80, paragraph (f)(2) is revised to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(f) * * *
(2) All other nets. With the exception of gillnets, mesh size is
measured by a wedge-shaped gauge having a taper of 2 cm (0.79 inches)
in 8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches),
inserted into the meshes under a pressure or pull of 5 kg (11.02 lb)
for mesh size less than 120 mm (4.72 inches) and under a pressure or
pull of 8 kg (17.64 lb) for mesh size at, or greater, than 120 mm (4.72
inches).
* * * * *
4. In Sec. 648.104, paragraph (a)(2) is revised to read as follows:
Sec. 648.104 Gear restrictions
(a) * * *
(2) Mesh size is measured by using a wedge-shaped gauge having a
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of
2.3 mm (0.09 inches), inserted into the meshes under a pressure or pull
of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and
under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or
greater than, 120 mm (4.72 inches). The mesh size is the average of the
measurements of any series of 20 consecutive meshes for nets having 75
or more meshes, and 10 consecutive meshes for nets having fewer than 75
meshes. The mesh in the regulated portion of the net is measured at
least five meshes away from the lacings, running parallel to the long
axis of the net.
* * * * *
[FR Doc. 06-8187 Filed 9-25-06; 8:45 am]
BILLING CODE 3510-22-S