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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: February 26, 2007 (Volume 72, Number 37)]
[Rules and Regulations]
[Page 8287-8289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe07-16]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060906236-7028-02; I.D. 083006B]
RIN 0648-AU83
Fisheries of the Northeastern United States; Method For Measuring
Net Mesh Size
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS amends the regulations governing how fishing net mesh
size is measured in the Northeast. This change will increase the weight
used to measure mesh at or larger than 120 mm in all fisheries. The
intent of this rule is to ensure consistent and accurate measurements
of fishing net mesh size.
DATES: Effective May 1, 2007.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management
Specialist, (978) 281-9341, FAX (978) 281-9135.
SUPPLEMENTARY INFORMATION:
[[Page 8288]]
Background
In recent months, fishing industry representatives have expressed
concern that net measurements of larger mesh sizes may not result in
accurate measurements. They have claimed that the twine bars of stiffer
twines for the larger meshes may not align properly under a load of 5
kg, which is the currently required weight for wedge-shaped gauges used
to measure nets. In response to these concerns, the New England Fishery
Management Council (Council) sent a letter, on April 19, 2006, to the
Administrator, Northeast Region, NMFS (RA) requesting than an 8-kg
weight be required to be used for meshes at or greater than 120 mm. The
Council recommended the 8-kg weight because it appears to be consistent
with international standards of net measurements.
Upon consideration of this request and a survey of international
standards, and in consultation with law enforcement officials, the RA
determined that the Council's request was reasonable and that an
increase in the weight of the wedge gauge may result in more accurate
and consistent measurements. The 5-kg weight would still be used to
measure meshes smaller than 120 mm. Enforcement officials have recently
clarified that, in using the wedge-shaped gauge to measure meshes, they
will not shake the net or press on the gauge to force it deeper into
the mesh opening.
The increased weight is not expected to result in any de facto
reduction in legal mesh size. The increased weight is not enough to
significantly distort the mesh and is not expected to result in the use
of mesh smaller than that considered in previous analyses of
environmental impacts.
Comments and Responses
NMFS received seven written comments during the 30-day comment
period for the September 26, 2006, proposed rule. Five respondents
supported the proposed measure. One individual supported the adoption
of a different measurement system for measure net mesh size. One
commenter did not refer to the specific rule proposed. Significant
issues and concerns are summarized as follows.
Comment 1: One commenter supported the rule and additionally
requested that NMFS arrange for training for all law enforcement
personnel, including U.S. Coast Guard and state agencies, to assure
uniform and consistent measurement of mesh size throughout the region.
The commenter further expressed an interest in the U.S. Coast Guard
being available to check net mesh size at the dock, perhaps in
conjunction with safety checks.
Response: Although not within the scope of this rule, NMFS
encourages coordination among the various law enforcement agencies to
ensure consistency in procedures throughout the region. Regarding the
presence of U.S. Coast Guard personnel being available to check net
mesh size at the dock, the U.S. Coast Guard determines the procedures
that it considers most appropriate for its enforcement activities.
Comment 2: Two commenters supported the rule and requested that the
heavier weight be used for specific twine thickness or material, in
addition to mesh size.
Response: NMFS considers regulations that would require determining
the specific twine material and/or thickness at sea would be too
difficult to implement and enforce.
Comment 3: One commenter supported the use of increased force for
measuring large mesh sizes, but questioned the justification cited in
the proposed rule for switching to an 8-kg weight. He felt that the
proposed rule was not supported by the report cited, that 8 kg would
not produce sufficient force, and that further justification should be
provided. The commenter felt that the wedge gauge should be abandoned
in favor of the new electronic OMEGA gauge.
Response: NMFS considers the OMEGA gauge, introduced in 2005, as
not yet having demonstrated the long-term reliability under field
conditions that would be necessary before its adoption as an
enforcement tool. Concerns have been raised about the requirement to
calibrate the force measurement of the load cell by hanging a
calibrated weight from the fixed jaw, since this can only be done under
stable conditions that may not be present at sea. In addition, the
electronic gauge does not have the long and established legal case
history of the wedge gauge.
The international standard EN ISO 16663-1:2003 specifies that a
measuring force equivalent to a mass of 8 kg be applied to a wedge
gauge for netting of mesh size above 120 mm. It also specifies that a
force equivalent to 5 kg be used for mesh size above 50 mm up to 120 mm
and a 2-kg weight be used for mesh of 50 mm or less. This final rule is
consistent with these accepted international standards.
One commenter did not specifically address the issues in the
proposed rule but did express concerns about the pace of NMFS action
and the prospects for marine sanctuaries. This final rule is not the
proper mechanism to address these issues.
Classification
This final rule is promulgated under NMFS's general rule making
authority specified at 16 U.S.C. 1855(d) in order to carry out and
enforce effectively the gear requirements of all Fishery Management
Plans (FMPs) administered by the Northeast Region. The RA determined
that this final rule is consistent with the Region's FMPs, is necessary
for the conservation and management of the fisheries, and determined
that the rule is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The RA has determined that this final rule is a minor technical
addition, correction, or change to a management plan and is therefore
categorically excluded from the requirement to prepare an Environmental
Impact Statement or equivalent document under the National
Environmental Policy Act.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification or on the economic impacts of the proposed
rule. As a result, a regulatory flexibility analysis was not required
and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated:February 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
? For the reasons set out in the preamble 50 CFR part 648 is amended 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:
[[Page 8289]]
Sec. 648.51 Gear and crew restrictions.
* * * * *
(a) * * *
(2) * * *
(ii) Measurement of mesh size. Mesh size is measured by using a
wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15
inches) and a thickness of 2.3 mm (0.09 inches), inserted into the
meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less
than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64
lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh
size is the average of the measurements of any series of 20 consecutive
meshes for nets having 75 or more meshes, and 10 consecutive meshes for
nets having fewer than 75 meshes. The mesh in the regulated portion of
the net is measured at least five meshes away from the lacings running
parallel to the long axis of the net.
* * * * *
? 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. E7-3241 Filed 2-23-07; 8:45 am]
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