[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37690-37700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17488]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990330083-9166-02; I.D. 031999B]
RIN 0648-AK32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Certification of Bycatch
Reduction Devices
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Shrimp
Fishery of the Gulf of Mexico (FMP), NMFS establishes procedures for
the testing and certification of bycatch reduction devices (BRDs) for
use in shrimp trawls in the exclusive economic zone (EEZ) in the Gulf
of Mexico. Consistent with these procedures, NMFS certifies the Jones-
Davis and Gulf fisheye BRDs for use in the Gulf of Mexico. NMFS also
establishes the specifications for the Jones-Davis, Gulf fisheye, and
fisheye BRDs. The intended effect is to foster the development and
provide for the certification of additional BRDs.
DATES: Effective July 13, 1999, except for the collection-of-
information requirements in: Sec. 622.41(h)(3)(i) and (h)(3)(ii),
Appendix--Gulf of Mexico Bycatch Reduction Device Testing Protocol
Manual, and Appendix I--Qualifications of Observer. This rule is being
issued prior to the Office of Management and Budget's (OMB) approval of
the information collection requirements in: Sec. 622.41(h)(4)(i) and
(h)(4)(ii), Appendix--Gulf of Mexico Bycatch Reduction Device Testing
Protocol Manual, and Appendix I--Qualifications of Observer. When OMB
approval is received, the effective dates of these paragraphs and
appendices will be published in the Federal Register.
ADDRESSES: Copies of the regulatory impact review (RIR) may be obtained
from the Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St. Petersburg, FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office,
[[Page 37691]]
NMFS, and to the Office of Information and Regulatory Affairs, Office
of Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA
Desk Officer).
Requests for copies of the Gulf of Mexico Bycatch Reduction Device
Testing Protocol Manual should be sent to the Southeast Regional
Office, NMFS.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, NMFS, 727-570-5305.
SUPPLEMENTARY INFORMATION: The fishery for shrimp in the EEZ of the
Gulf of Mexico is managed under the FMP. The FMP was prepared by the
Gulf of Mexico Fishery Management Council and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act by regulations at 50 CFR part 622.
In accordance with the FMP's framework procedure for adjusting
management measures, NMFS published and requested comments on a
proposed rule (64 FR 23039, April 29, 1999) to establish procedures for
the testing and certification of BRDs for use in shrimp trawls in the
EEZ in the Gulf of Mexico. The preamble to the proposed rule described
the testing and certification procedures and the background and
rationale for them. That information is not repeated here.
In this rule, in addition to establishing the BRD testing and
certification procedures, NMFS is also certifying the Jones-Davis and
Gulf fisheye BRDs, providing the specifications for construction and
installation of these BRDs (specifications), and amending the fisheye
BRD specifications. NMFS previously certified the Jones-Davis and Gulf
fisheye BRDs by interim rule (63 FR 27499, May 19, 1998; 63 FR 64430,
November 20, 1998). The interim rule published May 19, 1998, and
amended by the interim rule published November 20, 1998, also
established the specifications for the newly certified BRDs. The
fisheye BRD, as distinguished from the Gulf fisheye BRD, was certified
in a final rule published April 16, 1997 (62 FR 18536). The
specifications included in this final rule are identical to the
specifications in the April 16, 1997, final rule (62 FR 18536), as
amended by the interim rule of November 20, 1998 (63 FR 64430).
To be certified for use in the Gulf of Mexico, a BRD must reduce
the bycatch mortality of juvenile red snapper by a minimum of 44
percent from the average level of mortality for these age groups during
the years 1984-1989 (bycatch reduction criteria). The NMFS' Galveston
Laboratory assembled a database of field evaluations for the Gulf
fisheye and Jones-Davis BRDs under a research plan developed by the
Gulf and South Atlantic Fisheries Development Foundation and an initial
BRD-testing protocol developed by NMFS prior to the development of the
protocol established by this rule. The NMFS Pascagoula Laboratory
reviewed this database to determine whether the BRDs met the red
snapper bycatch reduction criterion established in Amendment 9 to the
FMP. NMFS' Pascagoula Laboratory determined that the data were
collected according to the established protocol at the time. That
protocol required that an adequate sample consisting of data from no
less than 30 successful tows be collected aboard commercial shrimp
trawlers in the act of fishing shoreward of the 100-fm (183-m) depth
contour west of 85 deg.30' W. long., that trawl nets be equipped with
certified hard turtle-excluder-devices (TEDs), that only outboard nets
be used as control and experimental nets, and that the control and
experimental nets be alternated from one side of the vessel to the
other during the period of the test. NMFS' analyses of the data
collected on the Gulf fisheye and the Jones-Davis BRD indicated that
the BRDs met the bycatch reduction criterion. These analyses formed the
basis for interim certification of these BRDs pending the
implementation of the protocol in this final rule. The conditions under
which the data were collected and analyzed for the interim
certification also meet the criteria outlined in the protocol
implemented by this rule. Therefore, NMFS certifies in this rule the
Jones-Davis and Gulf fisheye BRDs for use in the Gulf of Mexico shrimp
fishery.
Comments and Responses
Comments were received from three entities on the proposed rule; an
industry organization, a consulting firm, and a Sea Grant office.
Relevant comments and responses are included here.
Pre-certification Phase Testing
Comment 1: One commenter stated that the objective of the pre-
certification phase test should be to allow the applicant to examine
the overall functionality of the proposed BRD design without a focus on
red snapper exclusion or shrimp retention.
Response: The pre-certification procedures are specifically
designed to allow the applicant to modify the design and configuration
of a prototype BRD during pre-certification phase testing and to
evaluate the overall effectiveness and operational functionality of the
prototype BRD. However, in addition to evaluating the operational
functionality of the prototype BRD, the applicant will need to know if
the prototype BRD has the potential to meet the red snapper bycatch
reduction criterion. This information will allow the applicant to
decide whether or not to apply for certification testing authorization.
Certification Phase Testing
Comment 2: One commenter suggested that a particular BRD
candidate's performance, as evaluated during a certification test,
might not be applicable when the BRD is used in different styles of
nets, or with different TEDs, or under different fishing conditions.
The commenter suggested that, prior to certification, extensive
commercial field evaluations of the BRD candidate be conducted under a
variety of fishing conditions aboard different vessels and/or with
different fishing gear designs to obtain statistically sound estimates
of the BRD's true ability to meet the bycatch reduction criterion.
Response: NMFS disagrees. The protocol describes a statistically
valid procedure to determine whether a BRD candidate meets the bycatch
reduction criterion, and, thus, can be certified for general use in the
shrimp fishery. If a certified BRD is subsequently found not to meet
the certification criterion, the protocol provides a mechanism for the
Regional Administrator to decertify that particular BRD through the FMP
framework procedure.
Comment 3: Two commenters suggested that, even after the tuning
tests are completed, the catch efficiency of the two nets used in the
certification phase testing may begin to deviate over the 30-tow test
period and that any such biases should be incorporated into the final
statistical analyses.
Response: The protocol requires that the BRD candidate be moved
from the net on one side of the vessel to the net on the other side of
the vessel at specific time intervals. This procedure is intended to
negate any undetected net/side bias by introducing that bias into both
the experimental net and control net data.
Comment 4: Two commenters had several technical concerns about the
procedures to be used when testing a soft TED for certification as a
BRD, and recommended that both nets should be equipped with soft TEDs
during both the tuning and certification phases of the certification
test. The commenters were also concerned about an undue burden being
placed on the trawler and its crew because installation of a soft TED
must be done by a skilled installer, which will require the vessel to
return to port between the tuning and certification phases. One of the
[[Page 37692]]
commenters further suggested that this problem could be avoided by
testing the soft TED against a control net containing a disabled soft
TED; this would ensure that the efficiency was similar between the two
nets because they were both equipped with the same TED.
Response: NMFS disagrees that the trawler or its crew, which is
voluntarily participating in the test, will be unduly burdened from
having to return to port to replace the TED in the experimental net.
NMFS disagrees that the test should be conducted using a soft TED in
the experimental net and a disabled soft TED in the control net. BRD
performance is to be measured against the performance of a standard
net, and a standard net is a net equipped with a functioning certified
TED. Using hard TEDs in both the control and experimental nets during
the tuning tows will ensure that the two nets are fishing with
equivalent efficiency, and, once the soft TED is installed in the
experimental net, any changes in catch rates can be attributed to the
influence of the soft TED.
Comment 5: Two commenters requested clarification of the statement
``A gear change (i.e., changing nets, doors, or rigging) during a test
constitutes the beginning of a new test.'', noting that, under this
definition, the repair of damaged gear that did not change the original
gear configuration of the trawl could still be interpreted as meeting
the criterion for beginning a new test.
Response: NMFS intends the word ``gear change'' in this section of
the protocol to represent wholesale replacement of gear components,
such as doors, nets, or alterations in the configuration, including
such actions as shortening tickler chains, adjusting the leg lines, or
removing or adding headrope floats or footrope weights. These kinds of
changes would alter the fishing efficiency of that particular trawl
array, and, thus the test would need to be re-started. NMFS does not
intend the definition of ``gear change'' to include the repair of
damaged components of the trawl array to the original configuration,
such as sewing up tears in the net or repairing a damaged tickler
chain.
Comment 6: Two commenters questioned the requirement to restrict
tow times during a test to a specific timeframe with an allowance of
only 10 percent. They noted that consistent tow times do not
necessarily represent normal fishing activities and that tow times
might need to be adjusted, based on fishing conditions, during a test.
One commenter noted that a 10-percent allowance for a tow-time range of
2 to 8 hours could range from 12 to 48 minutes, thus introducing
unnecessary bias into the calculations of catch-per-unit-effort and
catch composition. This commenter indicated that this allowance was
unnecessary and that tow times should be standardized.
Response: NMFS recognizes that fishers do not necessarily tow their
nets for a standard length of time, and that tow times may vary for
reasons including changing environmental conditions or catch rates. BRD
certification tests are to be conducted under normal operational
conditions, but they must also be conducted in a scientifically
rigorous manner suitable for standard statistical analyses. Any
foreseeable deviations from the prescribed protocol must be described
and justified in the application and must be approved by the Regional
Administrator prior to beginning the certification test. Additionally,
deviations from the prescribed protocol required by unforeseen events
during a certification test must be made in a scientifically sound
manner and must be described and explained in the final report
submitted to the Regional Administrator. The Regional Administrator
will evaluate the appropriateness of the deviation prior to making a
final determination concerning the BRD candidate's ability to meet the
certification criterion. NMFS disagrees with the comment that the tow
times must be standardized without an allowance or that the allowance
would introduce an unacceptable bias into the catch per unit of effort
data. Catch per unit effort will not change if the catchability co-
efficient of the net does not change during the tow, which is a basic
assumption of this sampling protocol. The ranges in tow time variations
given as examples by the commenter are not applicable to any given
test. The applicant will be establishing a specific tow time prior to
beginning the tests, and, thus the allowance will remain constant as
long as the applicant adheres to that designated tow time. Thus, no
changes to the protocol are necessary.
Statistical Analysis
Comment 7: Two commenters questioned the continued use of the
Goodyear (1995) VPA-based stock assessment model for calculating
fishing mortality reduction attributable to the BRD candidate. One
commenter further noted that the more recent observer-based data sets
indicated that the size distributions of red snapper in the shrimp
trawl bycatch were different than the size distribution of the red
snapper shrimp trawl bycatch data set used by Goodyear.
Response: NMFS recently provided a report to the Gulf of Mexico
Fishery Management Council summarizing a data collection effort by NMFS
during the summer of 1998 concerning BRD efficiency. In that report,
NMFS compared results from the original (1995) Goodyear procedure with
results from an update of the underlying data set. Analyses by NMFS
indicated that updates to the underlying information used by the
Goodyear procedure agreed with the original analysis. NMFS will
continue to evaluate the procedure for routine evaluations of BRD
effectiveness as additional information becomes available and will
implement any appropriate changes to this protocol through the FMP
framework procedure.
Comment 8: One commenter questioned the use of a two-sided
confidence interval in the statistical analysis.
Response: The BRD candidate will be evaluated for its ability to
meet the bycatch reduction criterion through the use of a modified one-
sided t-test. The null hypothesis, R Ro, will be
rejected if t > talpha-1. This test will determine whether
the BRD meets the certification criterion and is eligible for
certification by the Regional Administrator. Confidence intervals,
while illustrating the range of expected results of the BRD candidate,
are not used as part of the certification determination.
Observer Requirements
Comment 9: Two commenters expressed concerns about the requirement
that the observer not have a previous or current financial relationship
with the applicant, noting that this requirement would restrict certain
agencies and organizations that have trained observers on staff from
effectively participating as applicants in BRD certification testing.
Response: NMFS disagrees. An applicant must select an observer from
a list of qualified observers maintained by the Regional Administrator.
A qualified observer who is associated with a specific organization or
agency and who is on the list of observers maintained by the Regional
Administrator could still participate in the test, as long as the
organization or agency is not the applicant.
Comment 10: Two commenters stated that the requirement for an
observer to have a Bachelor's Degree in fishery biology or in a closely
related field might exclude some very capable observers without
degrees.
Response: NMFS does not intend to exclude any qualified candidates
from
[[Page 37693]]
being included on the list of qualified observers. The qualification
criteria include having a Bachelor's Degree, having 6 months experience
as an observer, or successfully completing a training course conducted
or approved by the Director of the NMFS Southeast Fisheries Science
Center. An observer candidate need meet only one of these three
criteria. No changes are necessary.
Changes From the Proposed Rule
In Sec. 622.7, paragraph (aa) has been revised to eliminate an
incorrect cross reference and to clarify the intent of the prohibition.
In Sec. 622.41, paragraph (h)(2) was revised to reflect
certification of the Jones-Davis and Gulf fisheye BRDs in this rule.
Also in Sec. 622.41, references to paragraph (h)(4) were revised to
read (h)(3) to conform to reorganization of codified text due to
expiration of interim rule text. Other than the paragraph designations,
there were no changes to codified text.
In Appendix D to part 622, paragraph C.2. was revised and
paragraphs D and E were added to incorporate specifications for the
Jones-Davis and Gulf fisheye BRDs certified in this rule and to
incorporate a minor revision of the specifications for the fisheye BRD.
These specifications, including the minor revision, are identical to
those implemented previously by an interim rule that expired May 15,
1999.
In Appendix H to the Gulf of Mexico Bycatch Reduction Device
Testing Protocol Manual, the explanations of type I and type II errors
were corrected.
Classification
This final rule has been determined to be not significant for
purposes of 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 when this rule was proposed that, if adopted as
proposed, it would not have a significant economic impact on a
substantial number of small entities. No comments were received
regarding this certification and the basis for it has not changed. As a
result, a regulatory flexibility analysis was not prepared. Copies of
the RIR are available (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid OMB control number.
This rule contains collection-of-information requirements subject
to the PRA--namely, the BRD certification process, consisting of
applications for pre-certification or certification of a new BRD, pre-
certification adjusting, the testing itself, the submission of the test
results, application for observer position, and references for
observers. These requirements have been submitted to OMB for approval.
The public reporting burden for this collection of information which
includes the application, pre-certification phase, testing, and
submission of results, is estimated to average 211 hours. The public
reporting burden for applying for an observer position will average 1
hour per response and the burden for obtaining references will average
1 hour per response. The collection consists of an Application Form,
Vessel Information Form, Gear Specification Form, TED/BRD Specification
Form, Station Sheet Form, Species Characterization Form, Length
Frequency Form, and Condition and Fate Form. The average response time
for each of these forms is 20 minutes, except for the Species
Characterization Form which has a 5-hour response time and the
Application Form which has a 2.3-hour response time. In addition, 4
hours will be needed to prepare the final report. Send comments
regarding these burden estimates or any other aspect of the collection-
of-information requirement, including suggestions for reducing the
burden, to NMFS and to OMB (see ADDRESSES).
These collection-of-information requirements are contained in
Sec. 622.41(h)(3)(i) and (h)(3)(ii), Appendix--Gulf of Mexico Bycatch
Reduction Device Testing Protocol Manual, and Appendix I--
Qualifications of Observer. This rule is being issued prior to approval
by OMB of these information collection requirements. When OMB approval
is received, a notice will be published in the Federal Register making
the information requirements in those sections and appendices
effective.
This rule establishes the procedures for testing and certification
of BRDs, thus providing the mechanism for increasing the number and
types of certified BRDs available for use by the Gulf of Mexico shrimp
trawl fishery. Certification of additional BRDs will provide the
industry greater flexibility in choosing a BRD that is optimal for
particular fishing operations and conditions. The BRD specifications
incorporated in this rule are essential for the proper construction and
installation of the newly certified BRDs and are identical to the
specifications previously implemented by NMFS via interim rule that
recently expired. For these reasons, under 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries, NOAA, for good cause, finds that
it would be unnecessary and contrary to the public interest to delay
for 30 days the effective date of this rule.
Immediate implementation of these testing and certification
procedures also allows for immediate certification of the Jones Davis
and Gulf fisheye BRDs that NMFS has determined are in compliance with
the procedures based on prior testing. Because these certifications
relieve a restriction on the affected public, under 5 U.S.C. 553(d)(1),
they are not subject to a 30-day delay in effective date.
As noted above, the collection-of-information components of this
rule will not take effect until approval by OMB and publication of a
separate notice in the Federal Register making these components
effective.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: July 1, 1999.
Andrew A. Rosenberg,
Deputy Asst. 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. In Sec. 622.7, paragraph (bb) is reserved and paragraph (aa) is
added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(aa) Falsify information submitted regarding an application for
testing a BRD, testing of a BRD, or the results of such testing, as
specified in Sec. 622.41(h)(3).
(bb) [Reserved]
3. In Sec. 622.41, the first sentence of paragraph (h)(1)(i) and
paragraph (h)(2) are revised and paragraph (h)(3) is added to read as
follows:
Sec. 622.41 Species specific limitations.
* * * * *
(h) * * *
(1) * * *
[[Page 37694]]
(i) Except as exempted in paragraphs (h)(1)(ii) through (iv) and
paragraph (h)(3)(iii) of this section, on a shrimp trawler in the Gulf
EEZ shoreward of the 100-fathom (183-m) depth contour west of
85 deg.30' W. long., each net that is rigged for fishing must have a
certified BRD installed. * * *
* * * * *
(2) 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) Procedures for certification of additional BRDs. The process
for the certification of additional BRDs consists of two phases--an
optional pre-certification phase and a required certification phase.
(i) Pre-certification. The pre-certification phase allows a person
to test and evaluate a new BRD design for up to 60 days without being
subject to the observer requirements and rigorous testing requirements
specified for certification testing in the Gulf Of Mexico Bycatch
Reduction Device Testing Protocol Manual.
(A) A person who wants to conduct pre-certification phase testing
must submit an application, as specified in the Gulf Of Mexico Bycatch
Reduction Device Testing Protocol Manual, to the RD. The Gulf Of Mexico
Bycatch Reduction Device Testing Protocol Manual, which is available
from the RD, upon request, contains the application forms.
(B) After reviewing the application, the RA will determine whether
to issue a letter of authorization (LOA) to conduct pre-certification
trials upon the vessel specified in the application. The RA will issue
a pre-certification phase LOA if the BRD design is substantially unlike
any BRD design previously determined not to meet the BRD certification
criterion or, if the design is substantially similar to a BRD design
previously determined not to meet the BRD certification criteria, and
the application demonstrates that the design could meet the
certification criterion through design revision or upon retesting
(e.g., the application shows that statistical results could be improved
upon retesting by such things as using a larger sample size than that
previously used). If the RD authorizes pre-certification, the RD's
letter of authorization must be on board the vessel during any trip
involving the BRD testing.
(ii) Certification. A person who proposes a BRD for certification
for use in the Gulf EEZ must submit an application to test such BRD,
conduct the testing, and submit the results of the test in accordance
with the Gulf Of Mexico Bycatch Reduction Device Testing Protocol
Manual. The RA will issue a LOA to conduct certification trials upon
the vessel specified in the application if the RA finds that: The test
plan meets the requirements of the protocol; the observer identified in
the application is qualified and has no current or prior financial
relationship with the entity seeking BRD certification; the application
presents a BRD candidate substantially unlike BRDs previously
determined not to meet the current bycatch reduction criterion, or the
applicant has shown good cause for reconsideration (such as the
likelihood of improved statistical results yielded from a larger sample
size than that previously used); and for BRDs not previously tested for
certification, the results of any pre-certification trials conducted
have been reviewed and deemed to indicate a reasonable scientific basis
for conducting certification testing. If authorization to conduct
certification trials is denied, the RA will provide a letter of
explanation to the applicant, together with relevant recommendations to
address the deficiencies resulting in the denial. If a BRD meets the
certification criterion, as determined under the testing protocol, NMFS
will publish a notice in the Federal Register adding the BRD to the
list of certified BRDs in paragraph (h)(2) of this section providing
the specifications for the newly certified BRD, including any special
conditions deemed appropriate based on the certification testing
results.
(iii) A shrimp trawler that is authorized to participate in the
pre-certification phase or to test a BRD in the EEZ for possible
certification has such written authorization on board and is conducting
such test in accordance with the Gulf Of Mexico Bycatch Reduction
Device Testing Protocol Manual is granted a limited exemption from the
BRD requirement specified in paragraph (h)(1) of this section. The
exemption from the BRD requirement is limited to those trawls that are
being used in the certification trials. All other trawls rigged for
fishing must be equipped with certified BRDs.
4. In Appendix D to part 622, paragraph C.2. is revised and
paragraphs D and E are added to read as follows:
Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
C. * * *
2. Minimum Construction and Installation Requirements. The fisheye
has a minimum opening dimension of 5 inches (12.7 cm) and a minimum
total opening area of 36 square inches (91.4 square cm). The fisheye
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. In the Gulf EEZ only,
when the fisheye BRD is installed in this position, no part of the lazy
line attachment system (i.e., any mechanism, such as elephant ears or
choker straps, used to attach the lazy line to the codend) may overlap
the fisheye escape opening when the fisheye is installed aft of the
attachment point of the codend retrieval system.
D. Gulf fisheye.
1. Description. The Gulf fisheye BRD is a cone-shaped rigid frame
constructed from 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. When installed in this position, no part of the lazy line
attachment system (i.e., any mechanism, such as elephant ears or choker
straps, used to attach the lazy line to the codend) may overlap the
fisheye escape opening when the fisheye is installed aft of the
attachment point of the codend retrieval system. 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-
[[Page 37695]]
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) hoop. A single hoop must be constructed of
either number 60 twine 80 inches (203.2 cm) in length or \3/8\-inch
(0.95-cm) steel cable 75\1/2\ inches (191.8 cm) in length. If twine is
used, the twine must be laced in and out of the extension webbing 39
meshes behind the leading edge, and the ends must be tied together. If
cable is used, 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) Alternative Method for Constructing the Funnel and Escape
Openings. The following method for constructing the funnel and escape
openings may be used instead of the method described in paragraphs
F.2.d., F.2.e., and F.2.f. of this section. With this alternative
method, the funnel and escape openings are formed by cutting a flap in
each side of the extension webbing; pushing the flaps inward; and
attaching the top and bottom edges along the bars of the extension
webbing to form the v-shape of the funnel. Minimum requirements
applicable to this method include: (1) The funnel's top and bottom back
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop
(front hoop); (2) 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; (3) 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; and, (4) the
area of the escape opening must total at least 864 in2
(5,574.2 cm2). To construct the funnel and escape openings
using this method, begin 3\1/2\ meshes from the leading edge of the
extension, at the top center seam, count over 18 meshes on each side,
and cut 13 meshes toward the back of the extension. Turn parallel to
the leading edge, and cut 26 meshes toward the bottom center of the
extension. Next, turn parallel to the top center seam, and cut 13
meshes forward toward the leading edge, creating a flap of webbing 13
meshes by 26 meshes by 13 meshes. Lengthen the flap to 18 meshes by
adding a 4\1/2\-mesh by 26-mesh rectangular section of webbing to the
26-mesh edge. Attach the 18-mesh edges to the top and bottom of the
extension by sewing 2 bars of the extension to 1 mesh on the flap in
toward the top center and bottom center of the extension, forming the
exit opening and the funnel. Connect the two flaps together in the
center with a 7-inch piece of number 42 twine to allow adequate
clearance for fish escapement between the flaps and the side openings.
On each side, sew a 6-mesh by 10\1/2\-mesh section of webbing to 6
meshes of the center of the 26-mesh cut on the extension and 6 meshes
centered between the 13-mesh cuts 3\1/2\ meshes from the leading edge.
This forms two 10-mesh by 13-mesh openings on each side.
(h) 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.
(i) 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.
(j) 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
[[Page 37696]]
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.
Note: The Gulf Of Mexico Bycatch Reduction Device Testing
Protocol Manual and appendices H and I to the Manual are published
as appendices to this document. These appendices will not appear in
the Code of Federal Regulations.
Appendix--Gulf Of Mexico Bycatch Reduction Device Testing Protocol
Manual
Definitions
Bycatch reduction criterion is that the BRD reduces the
mortality of juvenile (age 0 and age 1) red snapper by a minimum of
44 percent from the average level of bycatch mortality (F=2.06) on
these age classes during the years 1984-1989.
Bycatch reduction device (BRD) is any gear or trawl modification
designed to allow finfish to escape from a shrimp trawl.
BRD candidate is a bycatch reduction device to be tested for
certification for use in the commercial shrimp fishery of the Gulf
of Mexico.
Catch per unit of effort (CPUE) means the number or pounds of
fish (e.g., red snapper) or shrimp taken during a pre-defined
measure of fishing activity (e.g., per hour).
Certification phase is a required testing phase whereby an
individual so authorized by the RA may conduct a discrete testing
program, with a sample size adequate for statistical analysis (no
less than 30 tows), to determine whether a BRD candidate meets the
bycatch reduction criterion.
Certified BRD is a BRD that has been tested according to this
protocol and has been determined by the RA as having met the bycatch
reduction criterion.
Control trawl means a trawl used during the certification
testing that is not equipped with a BRD. The catch of this trawl is
compared to the catch of the experimental trawl.
Experimental trawl means the trawl used during the certification
tests that is equipped with the BRD candidate.
Evaluation and oversight personnel includes scientists,
observers, and other technical personnel who, by reason of their
occupational or other experience, scientific expertise or training,
are approved by the RA as qualified to evaluate and oversee the
application and testing process. Scientists and other technical
personnel will (1) review a BRD certification test application for
its merit, and (2) critically review the scientific validity of the
certification test results.
Observer means a person on the list maintained by the RA of
individuals qualified to supervise and monitor a BRD certification
test. Applicants may obtain the list of individuals qualified to be
an observer from the RA. The observer chosen by the applicant may
not have any current or prior financial relationship with the entity
seeking BRD certification. For information on observer qualification
criteria and the observer application process, see Appendix I.
Pre-certification phase is an optional testing phase whereby an
individual, so authorized by the RA, can experiment with the design,
construction, and configuration of a BRD and gather data.
Regional Administrator (RA) means the Southeast Regional
Administrator, National Marine Fisheries Service, 9721 Executive
Center Drive North, St. Petersburg, Florida 33702, phone 727-570-
5301.
Required measurements refers to the quantification of the
dimensions and configuration of the trawl, the BRD candidate, the
doors, the location of the BRD in relation to other parts of the
trawl gear, and other quantifiable criteria used to assess the
performance of the BRD candidate.
Sample size means the number of successful tows (a minimum of 30
tows per test are required).
Shrimp loss means the percent difference in average CPUE (e.g.
kg/hr) between the amount of shrimp caught in the control trawl and
the amount of shrimp caught in the experimental trawl.
Successful tow means that the control and experimental trawl
were fished in accordance with the requirements set forth in the
protocol and the terms and conditions of the letter of
authorization, that the control or experimental net caught at least
five red snapper during the tow, and that no indication exists that
problematic events, such as those listed in Appendix D-5, occurred
during the tow which would impact or influence the fishing
efficiency (catch) of one or both nets.
Tow time means the total time (hours and minutes) an individual
trawl was fished while being towed (i.e., the time between ``dog-
off'' and start of haul back).
Trawl means a net and associated gear and rigging, as
illustrated in Appendix B-5 of this manual, used to catch shrimp.
The terms trawl and net are used interchangeably throughout the
manual.
Tuning a net means adjusting the trawl and its components to
minimize the differences in shrimp catch between the two nets that
will be used as the control and experimental trawls during the
certification tests.
I. Introduction
Purpose of the Protocol
This protocol sets forth a standardized scientific procedure for
the testing of a BRD candidate and for the evaluation of its ability
to meet the bycatch reduction criterion. For a BRD candidate to be
certified by the RA, the BRD candidate must meet the bycatch
reduction criterion.
There are two phases to this procedure: An optional, but
recommended, pre-certification phase and a required certification
phase. An applicant is encouraged to take advantage of the pre-
certification phase which allows experimentation with different BRD
designs and configurations prior to certification phase testing (see
below for details). The certification phase requires the applicant
to conduct a discrete testing program, with a sample size of no less
than 30 tows to determine whether the BRD candidate meets the
bycatch reduction criterion. There is no cost to the applicant for
the RA's administrative expenses such as preparing applications,
issuing letters of authorization (LOAs), or evaluating test results
or certifying BRDs. However, all other costs associated with either
phase (e.g., field testing) are at the applicant's expense.
II. Pre-Certification Phase (Optional)
The pre-certification phase provides a mechanism whereby an
individual can experiment with the design, construction, and
configuration of a prototype BRD for up to 60 days to improve the
design's effectiveness at reducing the bycatch of red snapper and to
determine whether it is likely to meet the bycatch reduction
criterion. To conduct pre-certification phase evaluations of a
prototype BRD, the applicant must apply for, receive, and have on
board the vessel during testing, an LOA from the RA.
A. Application
In order to obtain an LOA to conduct pre-certification phase
evaluations of a prototype BRD, an individual must submit a complete
application to the RA. A complete application consists of a
completed application form, Application to Test A Bycatch Reduction
Device in the Exclusive Economic Zone (the form is appended as
Appendix J-1), and the following: (1) a brief statement of the
purpose and goal of the activity for which the LOA is requested; (2)
a statement of the scope, duration, dates, and location of the
testing; (3) an 8.5-inch x 11-inch (21.6-cm x 27.9-cm) diagram drawn
to scale of the BRD design; (4) an 8.5-inch x 11-inch (21.6-cm x
27.9-cm) diagram drawn to scale of the BRD and approved TED in the
shrimp trawl; (5) a description of how the BRD is supposed to work;
and (6) a copy of the testing vessel's documentation or its state
registration.
An applicant requesting a pre-certification LOA of an unapproved
hard or soft TED as a BRD must first apply for and obtain from the
RA an experimental TED authorization pursuant to 50 CFR
227.72(e)(5)(ii). The pre-certification phase LOA application must
also append a copy of that authorization.
B. Issuance
The RA will review the application for completeness. If the
application is incomplete, the RA will inform the applicant of the
incompleteness and give the applicant an opportunity to cure. If
incompleteness is not cured within 30 days, the application will be
returned to the applicant. Upon receipt of a complete application,
the RA will issue a LOA to conduct pre-certification phase testing
upon the vessel specified in the application if the BRD design is
substantially unlike BRD designs previously determined not to meet
the current performance criterion, or if the design is substantially
similar to BRD designs previously determined not to meet the current
performance criteria and the application
[[Page 37697]]
demonstrates that the design could meet the bycatch reduction
criterion through design revision or upon retesting (e.g., the
application shows that statistical results could be improved upon
retesting by such things as a larger sample size than that
previously used). If a pre-certification phase LOA is denied, the RA
will return the application to the applicant along with a letter of
explanation including relevant recommendations as to curing the
deficiencies which caused the denial. In arriving at a decision, the
RA may consult with evaluation and oversight personnel. Issuance of
a LOA allows the applicant to remove or disable the existing BRD in
one net (to create a control net), and to place the prototype BRD in
another net in lieu of a certified BRD (to create an experimental
net). All other trawls under tow during the test must be equipped
with a certified BRD. All trawls under tow during the pre-
certification phase tests must be equipped with an approved TED
unless operating under an authorization issued pursuant to 50 CFR
227.72(e)(5)(ii). The LOA, and experimental TED authorization if
applicable, must be on board the vessel while the pre-certification
phase tests are being conducted. The term of the LOA will be 60
days.
C. Applicability
The pre-certification phase allows an individual to compare the
catches of a control net to the catches of the experimental net (net
equipped with the prototype BRD) to estimate the potential
efficiency of the prototype BRD. If that individual subsequently
applies for a certification phase LOA to test this design he/she
must include the results of the pre-certification phase evaluation
with the certification application. The RA will use this information
to determine if there is a reasonable scientific basis to conduct
certification phase testing. Therefore, for each paired tow, the
applicant should keep a written record of the weight of the shrimp
catch, the weight of the finfish catch, and the total catch (in
numbers) of red snapper of each net. The form contained in Appendix
D should be used to record this information.
III. Certification Phase (Required)
In order to have a BRD certified, it must, under certification
phase testing, be consistent with the requirements of the testing
protocol and LOA and be determined by the RA to meet the bycatch
reduction criterion.
A. Application
To conduct certification phase testing, an individual must
obtain a certification phase LOA. To obtain a certification phase
LOA, an individual must submit a complete application to the RA. The
complete test application consists of an Application to Test A
Bycatch Reduction Device in the Exclusive Economic Zone (Appendix J-
1), a copy of the vessel's current Coast Guard certificate of
documentation or, if not documented, its state registration
certificate; the name of a qualified observer who will be on board
the vessel during all certification test operations (see Appendix
I); and a test plan showing: (1) an 8.5-inch x 11-inch (21.6-cm
x 27.9-cm) diagram drawn to scale of the BRD candidate; (2) an 8.5-
inch x 11-inch (21.6-cm x 27.9-cm) diagram drawn to scale of the
BRD candidate and approved TED in the shrimp trawl; (3) a
description of how the BRD candidate is supposed to work; (4) the
results of previous pre-certification phase tests; (5) the location,
time, and area where the certification phase tests would take place;
and (6) the identity of the observer from the list of qualified
individuals maintained by the RA and certification that the observer
has no current or prior financial relationship with the applicant or
entity seeking BRD certification.
An applicant requesting a certification phase LOA to test an
unapproved hard or soft TED as a BRD must first apply for and obtain
from the RA an experimental TED authorization pursuant to
requirements of 50 CFR part 227.72(e)(5)(ii). The application for
the certification phase LOA also must append a copy of that
authorization.
A.1 Special Circumstances Not Covered By Protocol
Because actual testing conditions may vary, it may be necessary
to deviate from the prescribed protocol to determine if a BRD
candidate meets the bycatch reduction criterion. Any foreseeable
deviations from the protocol must be described and justified in the
application, and if scientifically acceptable will be approved by
the RA in the LOA. The RA may consult with evaluation personnel to
determine whether the deviations are scientifically acceptable.
Without the RA's approval in the LOA, results from any tests
deviating from the protocol may be rejected as scientifically
unacceptable, and could result in a denial of certification.
B. Observer Requirement
A qualified observer must be on board the vessel during all
certification testing operations (See Appendix I). A list of
qualified observers is available from the RA. Observers may include
employees or individuals acting on behalf of NMFS, state fishery
management agencies, universities, or private industry who meet the
minimum requirements outlined in Appendix I, but the individual
chosen may not have a current or prior financial relationship with
the entity seeking BRD certification. It is the responsibility of
the applicant to ensure that a qualified observer is on board the
vessel during the certification tests. Compensation to the observer,
if necessary, must be paid by the applicant. Any change in
information or testing circumstances, such as replacement of the
observer, must be reported to the R.A. within 30 days. Under 50 CFR
600.746, the owner and operator of any fishing vessel required to
carry an observer as part of a mandatory observer program under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801, et seq.) is required to comply with guidelines, regulations,
and conditions to ensure their vessel is adequate and safe to carry
an observer, and to allow normal observer functions to collect
scientific information as described in this protocol. A vessel owner
is deemed to meet this requirement if the vessel displays one of the
following: (i) A current Commercial Fishing Vessel Safety
Examination decal, issued within the last 2 years, that certifies
compliance with regulations found in 33 CFR, chapter I, and 46 CFR,
chapter I; (ii) a certificate of compliance issued pursuant to 46
CFR 28.710; or (iii) a valid certificate of inspection pursuant to
46 U.S.C. 3311.
C. Issuance
The RA will review the application for completeness. If the
application is not complete, the RA will notify the applicant of the
incompleteness and give the applicant an opportunity to cure. If the
incompleteness is not cured within 30 days, the RA will return the
application to the applicant. Upon receipt of a complete
application, the RA will issue a LOA to conduct certification phase
testing of the BRD candidate specified in the application if: (1)
the test plan meets the requirements of the protocol; (2) the
qualified observer named in the application has no current or prior
financial relationship with the entity seeking BRD certification;
(3) the BRD candidate design is substantially unlike BRD designs
previously determined not to meet the current bycatch reduction
criterion, or if the BRD candidate design is substantially similar
to a BRD design previously determined not to meet the current
bycatch reduction criterion, the application demonstrates that the
design could meet the bycatch reduction criterion upon retesting
(e.g., the application shows that statistical results could be
improved upon retesting by such things as a larger sample size than
that previously used); and (4) the results of any pre-certification
phase testing conducted indicate a reasonable scientific basis for
further testing. The submission of pre-certification phase data to
provide a scientific basis for the conduct of certification testing
is not an absolute requirement for the issuance of a certification
phase LOA. For example, a request to conduct certification phase
testing of a minor modification of a certified BRD design would not
need to include pre-certification phase data. Similarly, a request
for certification phase testing of a previously failed design that
under a different test plan (e.g., larger sample sizes) could yield
improved statistical results would likewise not need pre-
certification phase data. However, pre-certification phase data
would normally be needed to establish a reasonable scientific basis
for conducting certification phase testing (e.g., that the BRD could
meet the certification criterion upon certification testing). In
making these determinations, the RA may consult with evaluation and
oversight personnel. If a LOA to conduct certification phase testing
is denied, the RA will provide a letter of explanation to the
applicant, together with relevant recommendations to address the
deficiencies resulting in the denial. Issuance of a LOA allows the
applicant to remove or disable the existing certified BRD in one net
(to create a control net) and to place the BRD candidate in another
net in lieu of a certified BRD (to create an experimental net). All
other trawls under tow during the tests must be equipped with a BRD.
All trawls under tow during the certification tests must be equipped
with an approved TED unless operating under an
[[Page 37698]]
authorization issued pursuant to 50 CFR 227.72(e)(5)(ii). The LOA
will specify the date when the applicant may begin to test the BRD
candidate, the observer who will conduct the onboard data
collection, and the vessel to be used during the test. The LOA and
experimental TED authorization, if applicable, must be onboard the
vessel while the certification phase tests are being conducted.
D. Testing Protocol
Certification testing must be conducted in areas and at times
when commercial quantities of penaeid shrimp and juvenile (age 0 and
age 1) red snapper are available to the gear. The best time for
testing a BRD candidate is July and August (July 1--August 31) due
to the availability of red snapper on the penaeid shrimp commercial
grounds located shoreward of the 100-fm (183-m) depth contour west
of 85 deg.30' W. longitude, the approximate longitude of Cape San
Blas, FL. Data should be recorded on the forms found in Appendices B
through G, using the instructions provided for each form.
D.1. Tuning the Control and Experimental Trawls Prior to BRD
Certification Trials
The primary assumption in assessing the bycatch reduction
efficiency of the BRD candidate during paired-net tests is that the
inclusion of the BRD candidate in the experimental net is the only
factor causing a difference in catch from that of the control net.
Therefore, it is imperative that the fishing efficiency of the two
nets be as similar as possible prior to starting the certification
tests. Catch data from no more than 20 tuning tows should be
collected on nets that will be used as control and experimental
trawls to determine if there is a between-net or between-side (port
vs. starboard) difference in fishing efficiency (bias). Any net/side
bias will be reflected as differing catch rates of shrimp and red
snapper between two nets that were towed simultaneously. During the
tuning tows, these nets should be equipped with identical approved
hard TEDs, without the BRD candidate being installed. Using this
information, the applicant should identify and minimize the causes
for any net/side bias, to the extent practicable, by making
appropriate trawl gear adjustments. Form D-1 from Appendix D should
be used to record the net/side bias data collected from these tows.
These data will enable the RA to determine if any net/side bias
existed in either trawl in assessing the BRD candidate's
performance.
If the applicant is testing a soft TED as a BRD, it will be
imperative that little or no position or side bias with the trawl
nets be demonstrated before the certification trials are initiated.
Once any net/side bias is corrected using identical approved hard
TEDs in both nets, any alterations in catch rate following the
substitution of the soft TED into the experimental net can then be
attributed to that TED's influence.
D.2. Retention of Data Collected During Tuning Trials
All data collected during tuning trials and used for minimizing
the net/side bias must be documented and submitted to the RA along
with the testing data for evaluation. Additional information on
tuning shrimp trawls is available from the Harvesting Technology
Branch, Mississippi Laboratories, Pascagoula Facility, 3209 Frederic
Street, Pascagoula, Mississippi 39568-1207; phone (601) 762-4591.
D.3. Certification Tests
The certification tests must follow the testing protocol where
paired identical trawls are towed by a trawler in areas west of Cape
San Blas, Florida, where shrimp and juvenile red snapper occur. For
tests of BRD candidates that do not encompass testing a hard or soft
TED as the BRD candidate, identical approved hard TEDs are required
in each trawl and one of the trawls must be equipped with a
functioning BRD candidate. To test a hard or soft TED as a BRD
candidate, the control net must be equipped with an approved hard
TED, and the experimental net must be equipped with the TED that is
acting as the BRD candidate.
A minimum sample size of 30 successful tows per test is
required. Additional tows may be necessary for sufficient
statistical evidence, especially if red snapper catch is highly
variable. A gear change (i.e., changing nets, doors, or rigging)
during a test constitutes the beginning of a new test. All
certification tows must be no less than 2 hours and no more than 8
hours in duration. The applicant may select any tow time within this
range. Once a tow time is selected, no tow time during a series of
tests may vary by more than 10 percent.
To avoid potential biases associated with trynet catches, the
outside trawls on quad-rigged vessels must be used as the control
and experimental trawls, and for double-rigged vessels, the use of a
trynet is prohibited.
The functioning BRD candidate must be switched every 4-6 tows
(approximately every 2 days) between the two trawl nets. This
process must be repeated, ensuring that an equal number of
successful tows are made with the BRD candidate employed in both the
port and starboard nets, until a minimum of 30 successful tows have
been completed. For BRDs incorporated in the codend of the net, this
process can be facilitated by the use of zippers, or other quick-
connection devices, to more easily move the codends between nets;
however, simply switching the entire net will not satisfy this
requirement because doing so would not resolve net bias. Such quick-
connection devices must be attached behind the TED. The TED must not
be moved unless the BRD is actually incorporated into the TED
portion of the net. Where a hard TED is being tested as a BRD
candidate, that portion of the net including the TEDs must be moved,
and again, quick-connection devices located in front of the TEDs may
be used.
A different procedure must be followed to conduct tests of an
approved or experimental soft TED as a BRD candidate. To conduct
these tests, the applicant must first demonstrate that little or no
side/net bias exists between the two nets to be used in the test
(see D.1.). Removing the soft TED from one trawl net and installing
it in the other net is not required. For these tests, the control
(with a hard TED) and experimental (with the soft TED) nets must be
disconnected from the doors and their positions switched from one
side of the vessel to the other. The first switch must be made after
successfully completing approximately 25 percent of the total number
of intended tows. This process must be repeated, at 25 percent
intervals, until at least 30 successful tows are completed (i.e.,
every 7-8 successful tows).
Following each paired tow, the catches from the control and
experimental nets must be examined separately. This requires that
the catch from each net be kept separate from each other, as well as
from the catch taken in other nets fished during that tow. First,
the observer must weigh the total catch of each test net (control
and experimental nets). If the catch in a net does not fill one
standard 1-bushel [ca. 10 gallon] (30 liters) polyethylene shrimp
basket (ca. 70 pounds) (31.8 kg), but the tow is otherwise
considered successful, data must be collected on the entire catch of
that net, and recorded as a ``select'' sample (see Appendix E). If
the catch in a net exceeds 70 pounds (31.8 kg), a well-mixed sample
consisting of one standard 1-bushel [ca. 10 gallon] (30 liters)
polyethylene shrimp basket must be taken from the total catch of
that net.
Data must be collected on Form E-1 for the following species or
general groups found in each of the samples: (1) penaeid shrimp--
brown, white and pink shrimp from each sample must be separated by
species, counted and weighed; in addition, the weight for those
penaeid shrimp species caught in each test net, but that were not
included in the sample, must be recorded so that a total shrimp
catch for each net (by weight) is documented; (2) crustacea--mantis
shrimp, sugar shrimp, seabobs, crabs, lobsters and other similar
species--must be weighed as an aggregate; (3) other invertebrates--
squid, jellyfish, starfish, sea pansies, shells, and other similar
species--must be weighed as an aggregate; (4) each finfish species
or species group listed in Appendix E must be weighed and counted;
(5) other finfish--including all other fish not listed on the above-
referenced form must be weighed as an aggregate; and (6) debris
(mud, rocks, and related matter) must be weighed as an aggregate.
``Select'' finfish species (page E-3) (i.e., particular species
to be quantified from the total catch and not just the sample) are
red snapper, Spanish mackerel, and king mackerel. All individuals of
the ``Select'' species from each test net (control and experimental
net) must be collected, counted, weighed, and recorded. Lengths for
as many as 30 individuals of each select species must be recorded on
Form F-1. These data are necessary to robustly determine age-class
composition, and specific mortality reductions attributable to each
of the age classes.
Applicants must also collect qualitative information, using Form
G-1, on the condition (alive or dead) and fate (floated off, swam
down, eaten) of the discards whenever possible, and note the
presence of any predator species such as sharks, porpoises, and
jacks that are observed. The condition and fate of the bycatch is
important for determining the fishing mortality and waste associated
with this discard.
[[Page 37699]]
E. Reports
A report on the BRD candidate test results must be submitted for
certification. The report must contain a comprehensive description
of the tests, copies of all completed data forms used during the
certification trials, and photographs, drawings, and similar
material describing the BRD. The captain or owner must sign and
submit the cover form (Appendix A). The report must include a
description and explanation of any unforeseen deviations from the
protocol which occurred during the test. Applicants must provide
information on the cost of materials, labor, and installation of the
BRD candidate. In addition, any unique or special circumstances of
the tests, including special operational characteristics or fishing
techniques which enhance the BRD's performance, should be described
and documented as appropriate.
F. Certification
The RA will determine whether the required reports and
supporting materials are sufficient to evaluate the BRD candidate's
efficiency. The RA also will determine whether the applicant adhered
to the prescribed testing protocol, and whether the BRD candidate
meets the bycatch reduction criterion for juvenile red snapper. In
making a decision, the RA may consult with evaluation and oversight
personnel.
The RA will determine the effectiveness of the BRD candidate.
The statistical protocol in Appendix H provides the methodology that
the RA will use to estimate the reduction in bycatch mortality on
age-1 juvenile red snapper if the test is conducted during the
primary period (July or August). Tests conducted during other parts
of the year will, most likely, catch both age 0 and age 1 red
snapper. To evaluate the overall reduction in mortality rate of
these juvenile age classes attributable to the BRD candidate will
require alternative extensive analysis, involving use of the
Goodyear (1995) stock assessment model to assign mortality
reductions by specific size classes within the age 0 and age 1 red
snapper catch.
Following a favorable determination of these criteria, the RA
will certify the BRD (with any appropriate conditions as indicated
by test results) and publish the certification in the Federal
Register.
IV. BRDs Not Certified and Resubmission Procedures
The RA will advise the applicant, in writing, if a BRD is not
certified. This notification will explain why the BRD was not
certified and what the applicant may do to either modify the BRD or
the testing procedures to improve the chances of having the BRD
certified in the future. If certification was denied because of
insufficient information, the RA will explain what information is
lacking. The applicant must provide the additional information
within 60 days from receipt of such notification; thereafter, the
applicant must re-apply. If the RA subsequently certifies the BRD,
the RA will announce the certification in the Federal Register.
V. Decertification of BRDs
The RA will decertify a BRD whenever it is determined that it no
longer satisfies the bycatch reduction criterion for juvenile red
snapper. Before determining whether to decertify a BRD, the Council
and public will be advised and provided an opportunity to comment on
the advisability of any proposed decertification. The RA will
consider any comments from the Council and public, and if the RA
elects to proceed with decertification of the BRD, the RA will
publish proposed and final rules in the Federal Register with a
comment period of not less than 15 days on the proposed rule.
VI. Interactions With Sea Turtles
The following section is provided for informational purposes.
Sea turtles are listed under the Endangered Species Act as either
endangered or threatened. The following procedures apply to
incidental take of sea turtles under 50 CFR 227.72(e)(1):
``(i) Any specimen so taken must be handled with due care to
prevent injury to live specimens, observed for activity, and
returned to the water according to the following procedures:
(A) Sea turtles that are dead or actively moving must be
released over the stern of the boat. In addition, they must be
released only when trawls are not in use, when the engine gears are
in neutral position, and in areas where they are unlikely to be
recaptured or injured by vessels.
(B) Resuscitation must be attempted on sea turtles that are
comatose or inactive but not dead by:
(1) Placing the turtle on its back (carapace) and pumping its
breastplate (plastron) with hand or foot; or (2) Placing the turtle
on its breastplate (plastron) and elevating its hindquarter several
inches for a period from 1 to 24 hours. The amount of the elevation
depends on the size of the turtle; greater elevations are needed for
larger turtles. Sea turtles being resuscitated must be shaded and
kept wet or moist. Those that revive and become active must be
released over the stern of the boat only when trawls are not in use,
when the engine gears are in neutral position, and in areas where
they are unlikely to be recaptured or injured by vessels. Similarly,
sea turtles that fail to move within several hours (up to 24, if
possible) must be returned to the water in the same manner.
(ii) Any specimen so taken must not be consumed, sold, landed,
off-loaded, transshipped, or kept below deck.''
References
Gulf of Mexico Fishery Management Council, 1997. Amendment 9 to the
Fishery Amendment 9 to the Fishery Management Plan for the Shrimp
Fishery of the Gulf of Mexico, Including a Final Supplemental
Environmental Impact Statement and Regulatory Impact Review and
Social Impact Assessment. Gulf of Mexico Fishery Management Council,
3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619, 153 p.
Goodyear, C. P.; 1995. Red snappers in U.S. waters of the Gulf of
Mexico. National Marine Fisheries Service, Southeast Fisheries
Science Center, Miami Laboratory, Miami, FL. Laboratory Report,
Contribution MIA 95/96-05, 171 p.
Hoese, H. Dickson and Richard H. Moore; 1977. Fishes of the Gulf of
Mexico, Texas, Louisiana, and Adjacent Waters. Texas A&M University
Press. College Station, TX, 327 p.
SAFMC; 1997. Final Bycatch Reduction Device Testing Protocol Manual.
South Atlantic Fishery Management Council, 1 Southpark Cir., Ste
306, Charleston, S.C. 29407, 34 p.
Ward, John M., Teofilo Ozuma and Wade Griffen; 1995 Cost and
Revenues in the Gulf of Mexico Shrimp Fishery . NOAA Tech. Mem.
NMFS-SEFSC-371, 76 p.
Appendix H Statistical Procedures for Analyzing BRD Evaluation Data
NMFS will calculate the reduction in bycatch mortality (F) based
on data gathered during the testing. Both age 0 and age 1 red
snapper, ranging in length from 10 mm to 200 mm, occur frequently in
shrimp trawls. During the July/August (July 1-August 31) period, the
most recently spawned year class of fish have not fully recruited to
the shrimp grounds; thus the catch is represented by a relatively
narrow length range of individuals, all of which are considered to
be age 1. The numerical reduction in catch-per-unit-effort (CPUE) of
this specific age class is expected to be a good predictor of
fishing mortality (F) reduction, although the size composition data
will be checked for any particular test. The analysis of the data
collected under this testing protocol will be based on a modified
paired t-test. Because of the varying age and size composition of
the red snapper catch taken at other times of the year, more
detailed analyses through use of a stock assessment model (Goodyear
1995) incorporating the size-specific reduction performance of the
device and the seasonal progression of F must be conducted to
determine if the BRD candidate will meet the bycatch reduction
criterion. Based on the time of the year that the test is conducted,
NMFS will utilize the appropriate technique to assess the
performance of the BRD candidate as a service for the BRD sponsor.
All experimental tows must be conducted in conformance with the
requirements of the BRD testing protocol. Data collected from no
more than 20 tuning tows of the control and experimental trawls
(without the BRD candidate installed) must be included to determine
if any net bias exists prior to beginning certification phase
testing. To further reduce problems caused by no or low catches, a
tow must contain a minimum catch of 5 red snapper in at least one
trawl for inclusion in the analysis. Once conducted, the tow and the
corresponding collected data become the permanent part of the record
and cannot be discarded. Only the successful tows will count toward
the minimum required; however, information from other tows, if
appropriate, will be used in the analysis.
[[Page 37700]]
Statistical Approach for Calculation of Bycatch Mortality (F) Reduction
for Devices Tested in July/August
The statistical approach assumes that the BRD to be tested does
not achieve the minimum required reduction rate, (Ro).
The hypotheses to be tested are as follows:
Ho: BRD does not achieve the minimum required reduction
rate,
[GRAPHIC] [TIFF OMITTED] TR13JY99.001
Ha: BRD does achieve the minimum required reduction rate,
[GRAPHIC] [TIFF OMITTED] TR13JY99.002
R denotes the actual reduction rate (unknown), Ro denotes
the minimum required reduction rate, c denotes
the actual mean CPUE with the control, and b
denotes the actual mean CPUE with the BRD.
With any hypothesis testing, there are two risks involved known
as type I error (rejection of true Ho) and type II error
(acceptance of false Ho). The probabilities of committing
these errors are denoted by alpha and beta, respectively. The
probabilities are inversely related to each other. As alpha
increases, beta decreases and vice versa. An alpha of 10 percent
will be used. The two hypotheses are tested using a 'modified'
paired t-test.
The CPUE values for the control and BRD trawls for each
successful tow is computed first and is used in the following
computations:
[GRAPHIC] [TIFF OMITTED] TR13JY99.003
Where:
x is the observed mean CPUE for the control,
y is the observed mean CPUE for the BRD,
sd0 is the standard deviation of di = { (1 -
Ro)Xi - Yi} values,
n is the number of successful tows used in the analysis, and
i = 1,2,...,n.
The Ho will be rejected if t > talpha, n-1
where talpha, n-1 denotes the (1 - alpha)100th percentile
score in the t distribution with (n-1) degrees of freedom.
A (1-alpha)100% two-sided confidence interval on R consists of all
values of Ro for which Ho: R = Ro
(versus Ha R % Ro) cannot be rejected
at the level of significance of alpha. One-sided confidence intervals
on R could also be computed appropriately.
Appendix I Qualifications of Observer
An observer:
1. Must have a Bachelor's degree in fisheries biology or closely
related field from an accredited college, have at least 6 months
experience working with a university, college, state fisheries
agency, NMFS, or private research organization such as the Gulf and
South Atlantic Fisheries Development Foundation as an observer on a
trawler (including research trawlers) in the southeast region, or
have successfully completed a training course conducted or approved
by the Director of the NMFS Southeast Fisheries Science Center.
2. Must not have a current or prior financial relationship with
the entity seeking BRD certification.
In addition, any individual:
1. Applying to serve as an observer must provide the names,
addresses, and telephone numbers of at least three references who
can attest to the applicant's background, experiences, and
professional ability. These references will be contacted;
unsatisfactory references may be a basis for disapproval of an
applicant as an observer.
2. Wishing to serve as an observer should submit a resume and
supporting documents to the Director, Southeast Fisheries Science
Center, 75 Virginia Beach Drive, Miami, FL 33149. The Center will
use this information to determine which names will to be included on
a list of qualified observers. If an applicant is not approved as an
observer, the RA will notify the applicant of the disapproval and
will provide an explanation for the denial.
[FR Doc. 99-17488 Filed 7-12-99; 8:45 am]
BILLING CODE 3510-22-P
