[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5762]
[[Page Unknown]]
[Federal Register: March 11, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 669
[Docket No. 940372-4072; ID 123093H]
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, technical amendment.
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SUMMARY: NMFS issues this technical amendment to correct and clarify
the specification of the minimum mesh sizes allowed in fish traps used
in the exclusive economic zone around Puerto Rico and the U.S. Virgin
Islands. The intent of this action is to correct and clarify the
regulations and carry out the intent of the Caribbean Fishery
Management Council (Council).
EFFECTIVE DATE: March 11, 1994.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-893-3161.
SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and the
U.S. Virgin Islands is managed under the Fishery Management Plan for
the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (FMP).
The FMP was prepared by the Council and is implemented through
regulations at 50 CFR part 669 under the authority of the Magnuson
Fishery Conservation and Management Act.
Under the FMP's framework procedure for making regulatory changes,
the Council may initiate and NMFS may change, among other things, the
minimum allowable mesh sizes in fish traps. In accordance with that
framework procedure, the mesh sizes were substantively changed by a
final rule published September 26, 1991 (56 FR 48755). Since that final
rule, the regulations specify a minimum mesh size of 2 inches (5.1 cm)
for fish traps constructed of material other than bare wire, such as
coated wire or plastic, measured in the smallest dimension of the
opening, rather than measured between centers of strands (currently
codified at 50 CFR 669.23(b)(1)). When the Council recommended changes
in the minimum allowable mesh sizes in fish traps, it intended that the
minimum allowable mesh sizes for all fish traps be measured between
centers of strands, regardless of construction material. Wire
manufacturers produce trap mesh in accordance with this measurement
procedure. Fishermen have been using coated-wire fish traps constructed
with mesh of this standard size. The difference in the mesh openings
between industry standard bare wire and coated wire is approximately
0.23 inch (5.84 mm), which is considered insignificant for purposes of
fishery conservation. Accordingly, this final rule, technical
amendment, corrects the regulations so that all fish trap mesh is
measured between centers of strands. In addition, this final rule,
technical amendment clarifies the regulations by specifying that
measurements are to be made between the centers of opposite strands.
Classification
This technical amendment is issued as a final rule under 50 CFR
part 669.
This rule is minor and technical and does not change regulatory
impacts that were previously reviewed and analyzed.
Because this rule (1) makes a non-substantive correction and a
clarification to the regulations; (2) will not necessitate a change in
operating practices in the fishery; and (3) relieves a restriction, the
Assistant Administrator for Fisheries, NOAA, under section 553(b) (B)
and (d) of the Administrative Procedure Act (5 U.S.C. 553) for good
cause finds that it is unnecessary and contrary to the public interest
to provide notice and public comment on this rule or to delay for 30
days its effective date.
List of Subjects in 50 CFR Part 669
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 8, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 669 is
amended as follows:
PART 669--REEF FISH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN
ISLANDS
1. The authority citation for part 669 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 669.23, paragraph (b)(1) is revised to read as follows:
Sec. 669.23 Gear restrictions.
* * * * *
(b) * * *
(1) Mesh size. A bare-wire fish trap used or possessed in the EEZ
that has hexagonal mesh openings must have a minimum mesh size of 1.5
inches (3.8 cm), in the smallest dimension measured between centers of
opposite strands. A bare-wire fish trap used or possessed in the EEZ
that has other than hexagonal mesh openings or a fish trap of other
than bare wire, such as coated wire or plastic, used or possessed in
the EEZ must have a minimum mesh size of 2.0 inches (5.1 cm), in the
smallest dimension measured between centers of opposite strands.
* * * * *
[FR Doc. 94-5762 Filed 3-10-94; 8:45 am]
BILLING CODE 3510-22-P
