[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13377-13380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6044]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 950301063-5063-01; I.D. 032194D]
RIN 0648-AF38
Pacific Coast Groundfish Fishery; Gear Modification
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revises the groundfish trawl regulations and
simplifies the marking requirements for commercial vertical hook-and-
line gear that is closely tended in the Pacific Coast Groundfish
fishery. This rule promotes the objectives of the Pacific Coast
Groundfish Fishery Management Plan (FMP) by enhancing the effectiveness
of minimum mesh size used in trawl gear, making trawl gear
[[Page 13378]] requirements consistent for all bottom trawl gear and
less likely to be circumvented, updating the regulations to be more
consistent with changes in gear technology, and removing unnecessary
burdens on the industry.
EFFECTIVE DATES: September 8, 1995, except Sec. 663.22(c) is effective
on March 13, 1995.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140;
or Rodney McInnis at 310-980-4040.
SUPPLEMENTARY INFORMATION: NMFS issues this final rule, based on a
recommendation of the Pacific Fishery Management Council (Council),
under the authority of the FMP and the Magnuson Fishery Conservation
and Management Act (Magnuson Act). The FMP provides a socioeconomic
framework procedure under which gear regulations may be changed without
amending the FMP. A proposed rule was published at 59 FR 40511 (August
9, 1994) requesting comments through September 6, 1994, on changes to
the regulations for trawl gear and commercial vertical hook-and-line
gear (also called Portuguese longline). Two comments were received and
are addressed below.
Comment 1: One comment was received from the American Factory
Trawler Association, which represents at-sea processing vessels and the
catcher vessels that deliver to them. They were concerned that
prohibiting chafing gear from encircling the net would also prohibit
the use of protective gear which is needed under choker, transfer, and
lifting straps on the codends of pelagic trawls. The straps are used to
transfer and lift a full codend onboard a vessel and to empty it.
Protective gear is needed to cover the entire circumference of the net
under the straps, because the straps will damage any unprotected
portion of the net they contact.
Response: NMFS agrees that this type of protective gear, which has
been in use for some time, was not meant to be prohibited. The proposed
rule for pelagic trawls has been revised to allow a band of mesh no
wider than 16 meshes to encircle the net under chokers, lifting straps
or transfer cables, but over riblines and restraining straps that are
attached to the net.
Comment 2: A fisherman using Scottish seine gear to catch sanddabs
off California was concerned that the 4.5-inch (11.5-cm) minimum mesh
size throughout the net would enable his target species to escape. Most
of the mesh in his gear would satisfy the 4.5-inch (11.5-cm) minimum
mesh size--he uses 4.5-inch (11.5-cm) mesh in the last 70 meshes of the
net, and over 5-inch (12.8-cm) mesh in the wings and behind the
footrope and headrope. However, he needs smaller mesh in the
intermediate portion of the net. In his initial letter he stated that
he uses 3.5-inch (9.0-cm) mesh in the intermediate portion of the net.
In a second letter, he explained that he modified his gear and found
that 4.0-inch (10.3-cm) mesh in the intermediate portion of the net
could be used, but that 4.5-inch (11.5-cm) mesh still allowed sanddabs
to escape.
Response: The requirement to apply the minimum mesh size throughout
the net was proposed to enhance escapement of juvenile fish, reduce
bycatch, make it impossible to reduce mesh size by cinching off the
codend, and facilitate enforcement by using consistent regulations for
all bottom trawls. The information provided by the commenter does not
justify changes to the proposed rule. However, the commenter may wish
to supply additional information to the Council in support of his
position and seek modification of this final rule. He also may submit
an application for an experimental fishing permit (EFP), which enables
fisheries to be conducted that otherwise would be prohibited. If the
issue is found to warrant further consideration, an EFP may be issued
for the purpose of gathering information to determine if and how the
regulation should be changed. The Council then could reconsider the
appropriateness of the minimum mesh size for Scottish seine gear.
Changes or Clarifications to the Proposed Rule
The only substantive change to the rule is made as a result of
comment #1, described above. Several additional clarifications and
editorial changes also have been made, which are consistent with the
rule as proposed. (1) The corners of the terminal end of chafing gear
may be attached to the net (Sec. 663.22(b)(3)). (2) The minimum mesh
size requirements in existing rules for chafing gear no longer apply.
Escapement is provided for by limiting chafing gear to only one-half
the circumference of the net. (3) Section 663.22(b)(5) is edited
slightly to clarify that the first 20 ft (6.15 m) of pelagic trawls
must be bare rope or net with a minimum mesh size of 16-inches (40.6-
cms), or any combination of bare rope and 16-inch (40.6-cm) mesh. (4)
The type of identification needed to mark fixed gear is clarified. (5)
The description of authorized fishing gear at Sec. 663.22(a) is
clarified to explain that ``set net'' includes anchored gillnet or
trammel net.
Summary of the Final Rule
The text of the final rule is summarized below, incorporating the
above changes. Additional background and rationale are found in the
proposed rule and Environmental Assessment (EA) prepared for this
action.
1. Apply the trawl minimum mesh size throughout the net. Currently,
the minimum mesh size applies to the last 50 meshes of the trawl net.
This final rule applies the minimum mesh size requirements throughout
the net. This is intended to eliminate the practice of tying off the
net in front of the last 50 meshes above which smaller mesh could be
used legally.
2. Remove the legal distinction between bottom and roller trawls
and the requirement for continuous riblines. Once the minimum mesh size
became identical for bottom and roller trawls in May 1992 (57 FR 12212,
April 9, 1992), there was no longer a need to distinguish between the
two in the regulations. This rule also eliminates the requirement for
continuous riblines to be sewn to bottom and roller trawls, if the
vessel has onboard a net with less than 4.5-inch (11.43-cm) mesh.
3. Clarify the distinction between bottom and pelagic (midwater)
trawls. Current pelagic-trawl requirements state that the footrope at
the trawl mouth must be unprotected and that sweeplines, including the
bottom of the bridle, must be bare.
This rule adds two requirements to discourage dragging small-mesh
pelagic trawls on the sea floor by making the nets more fragile. First,
rollers, bobbins, tires, discs, or any other similar device used to
protect the net from the sea floor may not be used anywhere in the net.
Second, for at least 20 ft (6.15 m) immediately behind the footrope or
headrope of the net, bare ropes or 16-inch (40.6-cm) minimum mesh must
encircle the net.
4. Modify chafing gear requirements. Chafing gear is webbing or
other material attached to a trawl net to protect the net from wear,
particularly the codend as it scrapes the sea floor or slides onto the
vessel. If attached in certain ways, chafing gear could reduce the
effective mesh size by compressing or covering the webbing. The current
regulations require that: Chafing gear not be connected directly to the
terminal end of the net; in bottom trawls, chafing gear have a minimum
mesh size of 15 inches (38.1 cm) unless only the bottom half of the
codend is covered; and in roller trawls in the Vancouver, Columbia, and
Eureka subareas, and in pelagic trawls in all subareas, chafing gear
covering the [[Page 13379]] upper one-half of the codend must have a
minimum mesh size of 6 inches (15.24 cm). These provisions are changed
to provide the necessary gear protection without unduly impeding
escapement of fish through the webbing, and to be consistent with
changes in the technology and requirements for bottom and roller
trawls. This rule provides that: (a) Chafing gear may cover no more
than 50 percent of the circumference of the net, except for 16-mesh
``skirts'' (designed to protect the underlying gear) under the lifting
or splitting straps (chokers), or the transfer cables on pelagic
trawls; (b) no section of chafing gear may be longer than 50 meshes of
the net to which it is attached; (c) except at its corners, the
terminal end of each section of chafing gear must not be connected to
the net; (d) chafing gear must be attached outside any riblines or
restraining straps; and (e) there is no limit on the number of sections
of chafing gear that may be used. This rule removes the minimum mesh
size requirements applicable to chafing gear.
5. Modify marking requirements for commercial vertical hook-and-
line gear. Current marking requirements required for fixed gear (pole,
flag, light, radar reflector, and buoy) were found to be a burden for
vessels closely tending their commercial vertical hook-and-line gear.
Although the gear is anchored, it is lightweight and can be dragged by
prevailing winds and currents. Also, the cost of the radar reflector,
lights, and buoys is substantial in comparison to the cost of the gear
itself. Since most vessels using this gear stay in the immediate
vicinity of the gear, tending the lines frequently, there appears to be
less need for such extensive marking requirements. This rule relaxes
the marking requirement for commercial vertical hook-and-line gear that
is closely tended by requiring only a single buoy clearly identifying
the vessel's owner or operator.
6. Correct a mesh definition. Reference to double-ply mesh at 50
CFR 663.2 is changed to ``double-bar mesh''. Ply refers to the number
of strands twisted together to make twine. The regulation was intended
to mean two lengths of twine tied together in one knot, or ``double-
bar'' mesh.
For the reasons stated above and in the proposed rule at 59 FR
40511 (August 9, 1994), NMFS concurs with the Council's recommendations
and herein announces the final rule.
Classification
This final rule is published under authority of the Magnuson Act,
16 U.S.C. 1801 et seq. The Assistant Administrator for Fisheries, NOAA,
(Assistant Administrator), has determined that it is necessary for
management of the Pacific Coast groundfish fishery and that it is
consistent with the Magnuson Act and other applicable law.
The Council prepared an EA for this rule (contained in the EA/
Regulatory Impact Review) and the Assistant Administrator concluded
that there would be no significant impact on the environment.
This rule has been determined to be not significant for purposes of
E.O. 12866.
Under section 553(d)(1) of the Administrative Procedure Act, the
change to the fixed gear-marking requirements at 50 CFR 663.22(c) is
made effective upon publication in the Federal Register because it
relieves a restriction on commercial vertical hook-and-line fishermen
who closely tend their gear. In contrast, changes to the definitions
and trawl gear requirements at 50 CFR 663.2 and 663.22(a) and (b) are
effective 6 months after filing with the Office of the Federal Register
to allow time for fishermen to modify gear to comply with these new
requirements. The Council recommended, and the Assistant Administrator
agrees, that this 6-month delay in effectiveness reduces the economic
burden on the industry by enabling it to replace at least some of its
gear after it is worn out rather than requiring an immediate and abrupt
change to all trawl nets.
List of Subjects in 50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 7, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 663 is amended
as follows:
PART 663--PACIFIC COAST GROUNDFISH FISHERY
1. The authority citation for part 663 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 663.2 is amending the definition for ``Commercial
fishing'' by redesignating paragraphs (a) and (b) as paragraphs (1) and
(2) respectively, and amending the definition for ``Fishing gear'' by
redesignating paragraphs (a) through (w) as paragraphs (1) through
(23), respectively and by revising newly redesignated paragraphs (1)
through (3), (6), (14), (16), and (18) to read as follows:
Sec. 663.2 Definitions.
* * * * *
Fishing gear:
(1) Bobbin trawl means the same as a roller trawl, and is a type of
bottom trawl.
(2) Bottom trawl means a trawl in which the otter boards or the
footrope of the net are in contact with the seabed. It includes roller
(or bobbin) trawls and Danish and Scottish seine gear. It also includes
pair trawls fished on the bottom. Any trawl not meeting the
requirements for pelagic trawls at Sec. 663.22(b)(6) is a bottom trawl.
(3) Chafing gear means webbing or other material attached to the
codend of a trawl net to protect the codend from wear.
* * * * *
(6) Double-bar mesh means two lengths of twine tied into a single
knot.
* * * * *
(14) Pelagic (midwater or off-bottom) trawl means a trawl in which
the otter boards may be in contact with the seabed but the footrope of
the net remains above the seabed. It includes pair trawls if fished in
midwater. A pelagic trawl has no rollers or bobbins on the net.
* * * * *
(16) Roller trawl (bobbin trawl) means a trawl with footropes
equipped with rollers or bobbins made of wood, steel, rubber, plastic,
or other hard material that keep the footrope above the seabed, thereby
protecting the net. A roller trawl is a type of bottom trawl.
* * * * *
(18) Single-walled codend means a codend constructed of a single
wall of webbing knitted with single or double-bar mesh.
* * * * *
3. In Sec. 663.22, paragraphs (a), (b)(2) through (b)(4), and (c)
are revised; paragraph (b)(5) is removed; and paragraph (b)(6) is
redesignated as paragraph (b)(5) and revised to read as follows:
Sec. 663.22 Gear restrictions.
(a) General. The following types of fishing gear are authorized,
with the restrictions set forth in this section: trawl (bottom and
pelagic), hook-and-line, longline, pot or trap, set net (anchored
gillnet or trammel net), and spear.
(b) * * *
(2) Mesh size. Trawl nets may be used if they meet the minimum mesh
sizes set forth below. The minimum sizes apply throughout the net.
Minimum trawl mesh size requirements are met if a 20-gauge stainless
steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 cm) (depending
[[Page 13380]] on the gear being measured) less one thickness of the
metal wedge, can be passed with only thumb pressure through at least 16
of 20 sets of two meshes each of wet mesh.
Minimum Trawl-Mesh Size
[In Inches]\1\
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Subarea
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Trawl Type Vancouver Columbia Eureka Monterey Conception
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Bottom......................................... 4.5 4.5 4.5 4.5 4.5
Pelagic........................................ 3.0 3.0 3.0 3.0 3.0
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\1\Metric conversion: 3.0 inches = 7.6 centimeters; 4.5 inches = 11.4 centimeters.
(3) Chafing gear. Chafing gear may encircle no more than 50 percent
of the net's circumference, except as provided in paragraph (b)(5) of
this section. No section of chafing gear may be longer than 50 meshes
of the net to which it is attached. Except at the corners, the terminal
end of each section of chafing gear must not be connected to the net.
(The terminal end is the end farthest from the mouth of the net.)
Chafing gear must be attached outside any riblines and restraining
straps. There is no limit on the number of sections of chafing gear on
a net.
(4) Codends. Only single-walled codends may be used in any trawl.
Double-walled codends are prohibited.
(5) Pelagic trawls. Pelagic trawl nets must have unprotected
footropes at the trawl mouth, and must not have rollers, bobbins,
tires, wheels, rubber discs, or any similar device anywhere in the net.
Sweeplines, including the bottom leg of the bridle, must be bare. For
at least 20 ft (6.15 m) immediately behind the footrope or headrope,
bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size must
completely encircle the net. A band of mesh (a ``skirt'') may encircle
the net under transfer cables, lifting or splitting straps (chokers),
but must be: over riblines and restraining straps; the same mesh size
and coincide knot-to-knot with the net to which it is attached; and no
wider than 16 meshes.
(c) Fixed gear. (1) Fixed gear (longline, trap or pot, set net, and
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
(i) Marked at the surface, at each terminal end, with a pole, flag,
light, radar reflector, and a buoy except as provided in paragraph
(c)(2) of this section; and
(ii) Attended at least once every 7 days.
(2) Commercial vertical hook-and-line gear that is closely tended
may be marked only with a single buoy of sufficient size to float the
gear. ``Closely tended'' means that a vessel is within visual sighting
distance or within \1/4\ nautical mile (463 m) as determined by
electronic navigational equipment, of its commercial vertical hook-and-
line gear.
(3) A buoy used to mark fixed gear under paragraph (c)(1)(i) or
paragraph (c)(2) of this section must be marked with a number clearly
identifying the owner or operator of the vessel. The number may be
either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the U.S. Coast
Guard, or, for an undocumented vessel, the vessel registration number
issued by the state.
* * * * *
[FR Doc. 95-6044 Filed 3-8-95; 9:30 am]
BILLING CODE 3510-22-P
