Proposed Rule2022-21135
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Omega Electronic Mesh Measurement Gauge Method for Measuring Net Mesh Size
Primary source
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Published
September 30, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rulemaking proposes to add the Omega net mesh measurement gauge as a permissible device for net mesh measurement and correct regulatory references to gear restrictions. This action is required to allow the use of the Omega gauge as another 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 enforcement boardings at-sea.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59386-59388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21135]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220922-0195]
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.
ACTION: Proposed rule; request for comments.
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SUMMARY: This rulemaking proposes to add the Omega net mesh measurement
gauge as a permissible device for net mesh measurement and correct
regulatory references to gear restrictions. This action is required to
allow the use of the Omega gauge as another 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 enforcement boardings at-sea.
DATES: Written comments must be received on or before October 31, 2022.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0081,
by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter ``NOAA-NMFS-2021-0081'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Instructions: All comments that are timely and properly submitted
are a part of the public record and will generally be posted for public
viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered by us.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, phone: (978) 281-9232; email: <a href="/cdn-cgi/l/email-protection#3a694a5f54595f48146e5b56575b5d5f7a54555b5b145d554c"><span class="__cf_email__" data-cfemail="124162777c7177603c46737e7f737577527c7d73733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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 preliminarily determined that the
adoption of the Omega electronic net mesh measurement gauge (Omega
gauge) as an enforcement tool to measure net mesh for 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 (FMPs) administered
by the Greater Atlantic Regional Fisheries Office, but is otherwise
administrative and will not result in any changes to fishing behavior
or obligations to the fishing industry. We are proposing to amend the
regulations in Sec. Sec. 648.51(a)(2)(ii), 648.51(b)(4)(v),
648.80(f)(2), and 648.108(a)(2) to add the Omega gauge.
The Omega gauge is an automated, handheld electronic device for
measuring net mesh size. To take a measurement, two metal prongs at the
end of the device are inserted into a net mesh, at which point the
prongs slowly separate with a standardized, pre-set force. Once the
prongs can no longer separate, they stop, and produce the measurement.
The Omega gauge has a measuring range of 0.4-11.81 inches (1-30 cm),
and exerts a pressure of 125 Newtons (N) (12.75 kg) when used to
measure mesh greater than or equal to 2.17 inches (5.51 cm) and a
pressure of 50 N (5.10 kg) when used to measure mesh less than 2.17
inches (5.51 cm). The Omega gauge shows the results of completed
measurements to the user via an electronic display, but also has the
capability to record and store measurements internally. These records
can be exported to an electronic file for later use. The mesh size
produced by this device would be based on the same process as currently
specified; it would be equal to the average of the measurements of 20
consecutive meshes for nets having 75 or more meshes, and 10
consecutive meshes for nets having fewer than 75 meshes.
The current methodology for measuring trawl net mesh size uses a
wedge-shaped gauge with a taper of 0.79 inches (2 cm) in 3.15 inches (8
cm) and a thickness of 0.09 inches (2.3 mm). To measure net mesh size
of less than 4.72 inches (120 mm), the wedge gauge is attached to a 5-
kg weight. For nets 4.72 inches (120 mm) or larger, the gauge is
attached to an 8-kg weight. The wedge is inserted into the mesh being
measured under the pressure or pull of its attached weight, and the
mesh size is equal to the average of the measurements of 20 consecutive
meshes for nets having 75 or more meshes, and 10 consecutive meshes for
nets having fewer than 75 meshes.
Between 2016 and 2018, the United States Coast Guard (USCG)
conducted shore-side and operational comparison studies between the
wedge and Omega gauges.
At a meeting of the New England Fishery Management Council's Joint
Enforcement Committee and Advisory Panel in 2018, USCG representatives
presented the results of their studies and demonstrated the operation
of the Omega gauge. These studies showed that the Omega gauge
accurately and consistently measured the net meshes. In addition, the
USCG stated that the Omega gauge is faster, easier to use, and more
precise than the traditional wedge gauge.
Following the recommendation of the Joint Enforcement Committee and
Advisory Panel, the New England Council recommended to us that the
Omega gauge be adopted 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.
On December 13, 2021, NMFS presented information to the Mid-
Atlantic Fishery Management Council regarding the Omega gauge and the
ongoing development of rulemaking to adopt the Omega gauge. The Mid-
Atlantic Council had not been properly informed of the development of
this rulemaking, and so the December presentation corrected that error.
The Mid-Atlantic Council subsequently passed a motion by consensus to
support the development of rulemaking to adopt the Omega gauge.
[[Page 59387]]
Background
We are also proposing to amend the regulations at Sec. Sec.
648.80(c)(2)(i), 648.80 (c)(2)(ii) and 648.125(a)(2) to correct an
incorrect cross reference. The cross reference currently directs
readers to minimum fish sizes in the summer flounder fishery at Sec.
648.104, but is instead intended to refer to gear restrictions in that
fishery at Sec. 648.108(a)(2). The regulations that are proposed to be
amended discuss gear restrictions for vessels using trawls, and so the
erroneous cross references that do not direct readers to the correct
information causes difficulty to public understanding of gear
requirements and restrictions.
Classification
The National Marine Fisheries Service (NMFS) Assistant
Administrator has made a preliminary determination that this proposed
rule is consistent with section 305(d) and other provisions of the
Magnuson-Stevens Act, and other applicable law. In making the final
determination, we will consider the data, views, and comments received
during the public comment period, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
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.
The factual determination for this determination follows.
For purposes of the Regulatory Flexibility Act, NMFS established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). A business primarily engaged in commercial fishing (NAICS code
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. The determination
of whether the entity is large or small is based on the average annual
revenue for the most recent 3 years for which data are available (in
this case, from 2016 through 2018).
Any vessel fishing in the waters of the United States may be
subject to boarding by the USCG or NOAA OLE for the enforcement of
fishing and other regulations. This boarding may include measurement of
net mesh size by the wedge-shaped gauge. Therefore, entities holding
one or more fishing permits, and allowed the use of nets that may be
measured by the wedge-shaped gauge, have the potential to be directly
impacted by this action. According to the commercial database, there
were 1,174 entities that had at least one valid permit during 2018, the
last year for which affiliation information is available. Of these, 12
were classified as large with average annual gross sales of $23.2
million and 1,162 were classified as small with average annual gross
sales of $591.8 thousand. According to gear codes found in Vessel Trip
Report records, during 2018, 10 of the 12 large entities took at least
one trip where the gear used could be measured via use of the Omega
gauge. On average, these entities took 170 trips that would be affected
by the proposed action. Similarly, during 2018 there were a total of
524 regulated small entities that took at least one trip that would be
affected by the proposed action where the average number of affected
trips during 2018 was 57.
This proposed rule would not have a significant economic impact on
a substantial number of small entities. It will not affect fishing
operations, behavior, or effort. It would not change the minimum mesh
size for any fishery or require any fishermen to purchase new gear. The
only economic cost associated with the proposed rule would be to law
enforcement agencies that opt to purchase the Omega gauge for use in
enforcement activity. Additionally, because studies conducted by the
USCG indicate that the Omega gauge is faster and lighter than the wedge
gauge, it is expected that use of the Omega gauge will result in
faster, safer, and more efficient boardings at-sea, constituting a
minor benefit to the affected entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule does not contain any collection-of-information
requirement subject to review and approval by OMB under the Paperwork
Reduction Act (PRA), and thus will not be submitted to OMB for
approval.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: September 23, 2022.
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 proposed
to be amended as follows:
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 paragraph (a)(2)(ii) and paragraph
(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).
[[Page 59388]]
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), (ii), and (f)(2), 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. 2022-21135 Filed 9-29-22; 8:45 am]
BILLING CODE 3510-22-P
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