[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27499-27501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13283]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980505118-8118-01; I.D.042798C]
RIN 0648-AL14
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Bycatch Reduction Device
Certification
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; request for comments.
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SUMMARY: This interim rule certifies the Jones-Davis and Gulf fisheye
bycatch reduction devices (BRDs) for use in the Gulf of Mexico shrimp
fishery. The intended effects of this rule are to provide flexibility
to Gulf shrimp trawlers for complying with the requirement to use a
BRD. This will allow shirmpers to select a BRD based on how it matches
the operating conditions their vessel encounters. This should enhance
compliance, help minimize shrimp loss, and further increase bycatch
reduction and, thus, further reduce overfishing of red snapper.
DATES: This rule is effective May 14, 1998, through November 16, 1998.
Comments must be received no later than June 18, 1998.
ADDRESSES: Comments on this interim rule must be mailed to, and copies
of documents supporting this rule may be obtained from, the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St Petersburg,
FL 33702. Requests for copies of construction and installation
instructions for the Jones-Davis and Gulf fisheye BRDs should be
addressed to the Chief, Harvesting Systems Division, Mississippi
Laboratories, Southeast Fisheries Science Center, NMFS, P.O. Drawer
1207, Pascagoula, MS 39568-1207.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen, phone: 813-570-5305
or fax: 813-570-5583.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Shrimp
Fishery of the Gulf of Mexico (FMP) was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
Background
Shrimp trawling results in a significant, inadvertent bycatch of
non-target finfish and invertebrates, most of which are discarded dead.
Recent concerns about bycatch in the Gulf of Mexico have focused on the
high mortality of juvenile (ages 0 and 1) red snapper, a valuable reef
fish species for commercial and recreational fisheries.
The Council developed Amendment 9 to the FMP to reduce shrimp
trawler bycatch of juvenile red snapper while, to the extent
practicable, minimizing adverse effects on the shrimp fishery. The red
snapper stock of the Gulf of Mexico is overfished. Even if the directed
fisheries for adult red snapper were eliminated, the bycatch of
juvenile red snapper in shrimp trawls would still need to be reduced
for the adult spawning stock to recover under the Council's rebuilding
schedule.
The critical management measure in Amendment 9 is the required use
of NMFS-certified BRDs in shrimp trawls towed in the Gulf of Mexico
exclusive economic zone (EEZ), shoreward of the 100-fm (183-m) depth
contour west of 85 deg.30' W. long., the approximate longitude of Cape
San Blas, Florida. To be certified, a BRD must meet the FMP's bycatch
reduction criterion for red snapper (i.e., it must reduce the shrimp
trawl bycatch mortality of age 0 and 1 red snapper by a minimum of 44
percent from the average level of fishing mortality on these age groups
during the period 1984-89).
The final rule implementing Amendment 9 (63 FR 1813, April 14,
1998) certified the fisheye BRD for use in the Gulf shrimp fishery
effective May 14, 1998, the effective date of the requirement to use
BRDs in the Gulf EEZ. The fisheye BRD is a cone-shaped rigid frame
constructed from aluminum or steel rods of at least 1/4 inch (6.35 mm)
diameter, which is inserted into the codend of the trawl to form an
escape opening. The fisheye BRD must have an opening dimension of at
least 5 inches (12.7 cm) and a total opening area of at least 36
in2 (232.3 cm2). The fisheye BRD must be
installed at the top center of the codend of the trawl to create an
opening in the trawl, facing in the direction of the mouth of the
trawl, no further forward than 11 ft (3.4 m) from the codend drawstring
(tie-off rings) or 70 percent of the distance between the codend
drawstring and the forward edge of the codend, excluding any extension,
whichever is the shorter distance. The fisheye, located within this
position of the codend, also has been certified for use by penaeid
shrimp trawlers in the South Atlantic EEZ.
Recent research indicates that the Jones-Davis BRD and the Gulf
fisheye BRD also meet the Gulf red snapper bycatch reduction criterion.
This rule certifies these two BRDs for use in the Gulf of Mexico shrimp
fishery on an interim basis. NMFS expects to certify these two BRDs
permanently after implementation of a BRD testing protocol later this
year.
The Gulf fisheye BRD is constructed the same as the fisheye BRD but
has different installation requirements. The Gulf fisheye must be
installed in the codend of the trawl to create an escape opening in the
trawl, facing in the direction of the mouth of the trawl, no further
forward than 12.5 ft (3.81 m) and
[[Page 27500]]
no less than 8.5 ft (2.59 m) from the codend tie-off rings. The Gulf
fisheye may not be offset by more than 15 meshes perpendicular to the
top center of the codend. This provides a broader range of allowable
installation locations within the codend compared with the originally
certified fisheye. Specifically, it allows for an offset of no more
than 15 meshes perpendicular to top center (left or right) and allows
for more forward placement in the codend--an alternative that appears
to minimize shrimp loss while meeting the red snapper bycatch reduction
criterion.
The Jones-Davis BRD is a funnel type BRD. It incorporates the same
basic design principle as the expanded mesh and the extended funnel
BRDs that were certified for use in the South Atlantic EEZ only, except
that the fish escape openings are created by cutting windows around the
funnel rather than using large-mesh sections. The Jones-Davis BRD
design also incorporates a webbing, cone fish deflector behind the
funnel which acts as a fish stimulator, discouraging fish from passing
into the aft portion of the codend and, thus, increasing fish bycatch
reduction.
Specifications for these BRDs are set forth in Appendix D to 50 CFR
part 622. Information, including diagrams of the Gulf fisheye and
Jones-Davis BRDs and construction and installation instructions, is
also available to aid fishermen and gear manufacturers (see ADDRESSES).
Certification of the Jones-Davis and Gulf fisheye BRDs provides
Gulf shrimp trawlers three BRD options from which to choose. These
options will allow shrimpers to select a BRD based on how it matches
the operational conditions that their trawler encounters. This should
enhance compliance, help minimize shrimp loss, and further increase
bycatch reduction, thus contributing to further reduction in the
overfishing of Gulf red snapper.
NMFS finds that the timely regulatory action provided by this
interim rule is necessary to reduce overfishing of red snapper in the
Gulf of Mexico. NMFS issues this interim rule, effective for not more
than 180 days, as authorized by section 305(c) of the Magnuson-Stevens
Act. This interim rule may be extended for an additional 180 days,
provided that the public has had an opportunity to comment on the
interim rule. Public comments on this interim rule will be considered
in determining whether to maintain or extend this rule to address
overfishing of red snapper.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to enhance compliance with the
BRD requirement for the Gulf shrimp fishery, improve effectiveness of
bycatch reduction, and, thereby, reduce overfishing of red snapper in
the Gulf of Mexico. The AA has also determined that this rule is
consistent with the Magnuson-Stevens Act and other applicable laws.
This interim rule has been determined to be not significant for
purposes of E.O. 12866.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553 or by any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are inapplicable.
NMFS prepared a regulatory impact review (RIR) that provides an
estimate of the costs and benefits of this rule. The RIR notes that the
only identifiable costs associated with this rule are administrative
costs of rule preparation; this cost has been estimated at $5,000. This
rule is expected to have positive effects on shrimp harvests and effort
patterns because shrimpers will have the ability to choose among three
BRD options instead of having to use the one BRD that was certified in
Amendment 9. The positive effects will accrue because different
shrimpers employ different harvesting tactics, pursue different shrimp
species, operate in different geographical areas, and operate at
varying times during the year. These differences in shrimp harvesting
operations and conditions make it more efficient overall if a variety
of BRDs are available. Over time, it is fully expected that a mix of
available BRDs will be used to meet the BRD requirement. While the
resulting benefits cannot be quantified, they may be fairly large. It
is also expected that given the expanded choice of BRDs, compliance
will be enhanced and the reduction in bycatch mortality will be
increased relative to the status quo of a single BRD choice; therefore,
there should be increased benefits to the red snapper fishery. Copies
of the RIR are available (see ADDRESSES).
This rule certifies the Jones-Davis and Gulf fisheye BRDs for use
in the Gulf shrimp fishery, thereby providing shrimp trawlers
flexibility in complying with the BRD requirement. This should enhance
the compliance rate and reduce the bycatch mortality rate, and, thus,
reduce the overfishing of Gulf red snapper. Accordingly, pursuant to
authority set forth at 5 U.S.C. 553(b)(B), the AA finds that these
reasons constitute good cause to waive the requirement to provide prior
notice and the opportunity for prior public comment, as the delay
associated with such procedures would be contrary to the public
interest.
Similarly, under 5 U.S.C. 553(d)(3), the Assistant Administrator
finds for good cause that a 30-day delay in the effective date of this
rule would be contrary to the public interest. This rule imposes no
additional regulatory burden but does relieve a restriction by
providing Gulf shrimp trawlers a choice of certified BRDs that may be
used to comply with the BRD requirement that becomes effective on May
14, 1998. To the extent that this rule relieves restrictions by
providing a choice, it is not subject to a delay in effective date
under 5 U.S.C. 553(d). This rule will be effective May 14, 1998, the
implementation date of the BRD requirement.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 13, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Effective May 14, 1998, through November 16, 1998, in
Sec. 622.41, paragraph (h)(2) is suspended and paragraph (h)(3) is
added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(h) * * *
(3) Certified BRDs. The following BRDs are certified for use by
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs
are contained in Appendix D to this part.
(i) Fisheye
(ii) Gulf fisheye.
(iii) Jones-Davis.
3. Effective May 14, 1998, through November 16, 1998, in Appendix D
to part 622, paragraphs D and E are added to read as follows:
Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
D. Gulf fisheye.
1. Description. The Gulf fisheye BRD is a cone-shaped rigid
frame constructed from
[[Page 27501]]
aluminum or steel that is inserted into the top center of the
codend, or is offset not more than 15 meshes perpendicular to the
top center of the codend, to form an escape opening.
2. Minimum Construction and Installation Requirements. The Gulf
fisheye is a cone-shaped rigid frame constructed of aluminum or
steel rods. The rods must be at least 1/4-inch (6.35-mm) diameter.
Any dimension of the escape opening must be at least 5.0 inches
(12.7 cm), and the total escape opening area must be at least 36.0
in2 (232.3 cm2). The Gulf fisheye must be
installed in the codend of the trawl to create an escape opening in
the trawl, facing in the direction of the mouth of the trawl, no
further forward than 12.5 ft (3.81 m) and no less than 8.5 ft (2.59
m) from the codend tie-off rings. The Gulf fisheye may not be offset
more than 15 meshes perpendicular to the top center of the codend.
E. Jones-Davis.
1. Description. The Jones-Davis BRD is similar to the expanded
mesh and the extended funnel BRDs except that the fish escape
openings are windows cut around the funnel rather than large-mesh
sections. In addition, a webbing cone fish deflector is installed
behind the funnel.
2. Minimum Construction and Installation Requirements. The
Jones-Davis BRD must contain all of the following.
(a) Webbing extension. The webbing extension must be constructed
from a single piece of 1 5/8-inch (3.5-cm) stretch mesh number 30
nylon 42 meshes by 120 meshes. A tube is formed from the extension
webbing by sewing the 42-mesh side together.
(b) 28-inch (71.1-cm) cable hoop. A single hoop must be
constructed of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm)
in length. The cable must be joined at its ends by a 3-inch (7.6-cm)
piece of \1/2\-inch (1.3-cm) aluminum pipe and pressed with a 3/8-
inch (0.95-cm) die to form a hoop. The inside diameter of this hoop
must be between 27 and 29 inches (68.6 and 73.7 cm). The hoop must
be attached to the extension webbing 17 \1/2\ meshes behind the
leading edge. The extension webbing must be quartered and attached
in four places around the hoop, and every other mesh must be
attached all the way around the hoop using number 24 twine or
larger. The hoop must be laced with 3/8-inch (0.95-cm) polypropylene
or polyethylene rope for chaffing.
(c) 24-inch (61.0-cm) cable hoop. A single hoop must be
constructed of 3/8-inch (0.95-cm) steel cable 75 \1/2\ inches (191.8
cm) in length. The cable must be joined at its ends by a 3-inch
(7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe and pressed
together with a 1/4-inch (0.64-cm) die to form a hoop. The inside
diameter of this hoop must be between 23 and 25 inches (58.4 and
63.4 cm). The hoop must be attached to the extension webbing 39
meshes behind the leading edge. The extension webbing must be
quartered and attached in four places around the hoop, and every
other mesh must be attached all the way around the hoop using number
24 twine or larger. The hoop must be laced with 3/8-inch (0.95-cm)
polypropylene or polyethylene rope for chaffing.
(d) Funnel. The funnel must be constructed from four sections of
1 \1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or
polyethylene webbing. The two side sections must be rectangular in
shape, 29 \1/2\ meshes on the leading edge by 23 meshes deep. The
top and bottom sections are 29 \1/2\ meshes on the leading edge by
23 meshes deep and tapered 1 point 2 bars on both sides down to 8
meshes across the back. The four sections must be sewn together down
the 23-mesh edge to form the funnel.
(e) Attachment of the funnel in the webbing extension. The
funnel must be installed two meshes behind the leading edge of the
extension starting at the center seam of the extension and the
center mesh of the funnel's top section leading edge. On the same
row of meshes, the funnel must be sewn evenly all the way around the
inside of the extension. The funnel's top and bottom back edges must
be attached one mesh behind the 28-inch (71.1-cm) cable hoop (front
hoop). Starting at the top center seam, the back edge of the top
funnel section must be attached four meshes each side of the center.
Counting around 60 meshes from the top center, the back edge of the
bottom section must be attached 4 meshes on each side of the bottom
center. Clearance between the side of the funnel and the 28-inch
(71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2
cm) when measured in the hanging position.
(f) Cutting the escape openings. The leading edge of the escape
opening must be located within 18 inches (45.7 cm) of the posterior
edge of the turtle excluder device (TED) grid. The area of the
escape opening must total at least 864 in2 (5,574.2
cm2). Two escape openings 10 meshes wide by 13 meshes
deep must be cut 6 meshes apart in the extension webbing, starting
at the top center extension seam, 3 meshes back from the leading
edge and 16 meshes to the left and to the right (total of four
openings). The four escape openings must be double selvaged for
strength.
(g) Cone fish deflector. The cone fish deflector is constructed
of 2 pieces of 1 5/8-inch (4.13-cm) polypropylene or polyethylene
webbing, 40 meshes wide by 20 meshes in length and cut on the bar on
each side forming a triangle. Starting at the apex of the two
triangles, the two pieces must be sewn together to form a cone of
webbing. The apex of the cone fish deflector must be positioned
within 10-14 inches (25.4-35.6 cm) of the posterior edge of the
funnel.
(h) 11-inch (27.9-cm) cable hoop for cone deflector. A single
hoop must be constructed of 5/16-inch (0.79-cm)or 3/8-inch (0.95-cm)
cable 34 \1/2\ inches (87.6 cm) in length. The ends must be joined
by a 3-inch (7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe
pressed together with a 1/4-inch (0.64-cm) die. The hoop must be
inserted in the webbing cone, attached 10 meshes from the apex and
laced all the way around with heavy twine.
(i) Installation of the cone in the extension. The cone must be
installed in the extension 12 inches (30.5 cm) behind the back edge
of the funnel and attached in four places. The midpoint of a piece
of number 60 twine 4 ft (1.22 m) in length must be attached to the
apex of the cone. This piece of twine must be attached to the 28-
inch (71.1-cm) cable hoop at the center of each of its sides; the
points of attachment for the two pieces of twine must be measured 20
inches (50.8 cm) from the midpoint attachment. Two 8-inch (20.3-cm)
pieces of number 60 twine must be attached to the top and bottom of
the 11-inch (27.9-cm) cone hoop. The opposite ends of these two
pieces of twine must be attached to the top and bottom center of the
24-inch (61-cm) cable hoop; the points of attachment for the two
pieces of twine must be measured 4 inches (10.2 cm) from the points
where they are tied to the 11-inch (27.9-cm) cone hoop.
[FR Doc. 98-13283 Filed 5-4-98; 3:51 pm]
BILLING CODE 3510-22-F
