56098 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules 

peer reviewers to comment during the 

public comment period on the specific 

assumptions and conclusions regarding 

the proposed prudency determination. 

We will consider all comments and 

information received during the 

comment period on this proposed 

determination during preparation of a 

final determination. Accordingly, the 

final decision may differ from this 

proposal. 

Clarity of the Rule 

Executive Order 12866 requires each 

agency to write regulations and notices 

that are easy to understand. We invite 

your comments on how to make this 

proposed determination easier to 

understand, including answers to 

questions such as the following: (1) Are 

the requirements in the proposed 

determination clearly stated? (2) Does 

the document contain technical jargon 

that interferes with the clarity? (3) Does 

the format of the document (grouping 

and order of the sections, use of 

headings, paragraphing, and so forth) 

aid or reduce its clarity? (4) Is the 

description of the notice in the 

SUPPLEMENTARY INFORMATION section 

helpful in understanding the proposed 

determination? (5) What else could we 

do to make this proposed determination 

easier to understand? Send a copy of 

any comments on how we could make 

this proposed determination easier to 

understand to: Office of Regulatory 

Affairs, Department of the Interior, 

Room 7229, 1849 C Street, NW., 

Washington, DC 20240. You may e-mail 

your comments to this address: 

Exsec@ios.doi.gov. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This proposed determination does not 

contain any new collections of 

information that require approval by 

OMB under the Paperwork Reduction 

Act. This determination will not impose 

recordkeeping or reporting requirements 

on State or local governments, 

individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

It is our position that, outside the 

Tenth Circuit, we do not need to 

prepare environmental analyses as 

defined by the NEPA in connection with 

designating critical habitat under the 

Endangered Species Act of 1973, as 

amended. We published a notice 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). This 

assertion was upheld in the courts of the 

Ninth Circuit (Douglas County v. 

Babbitt, 48 F.3d 1495 (9th Cir. Ore. 

1995), cert. denied 116 S. Ct. 698 (1996). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal tribes on a 

government-to-government basis. We 

have determined that there are no Tribal 

lands occupied at the time of listing 

contain the features essential for the 

conservation and no tribal lands that are 

unoccupied areas that are essential for 

the conservation of Trichostema 

austromontanum ssp. compactum. 

Therefore, no tribal lands will be 

affected by this finding. 

References Cited 

A complete list of all references cited 

in this finding is available upon request 

from the Field Supervisor, Carlsbad Fish 

and Wildlife Office (see ADDRESSES

section). 

Author 

The primary author of this document 

is staff of the Carlsbad Fish and Wildlife 

Office (see ADDRESSES section). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: September 19, 2006. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 06–8190 Filed 9–25–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060906236–6236–01; I.D. 

083006B] 

RIN 0648–AU83 

Fisheries of the Northeastern United 

States; Method For Measuring Net 

Mesh Size 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to amend the 

regulations governing how fishing net 

mesh size is measured in the Northeast. 

This proposed change would increase 

the weight used to measure mesh larger 

than 120 mm (4.72 inches) in all 

fisheries. The intent of this proposed 

rule is to ensure consistent and accurate 

measurements of fishing net mesh size. 

DATES: Written comments must be 

received no later than 5 p.m. local time 

on October 26, 2006 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

E-mail: MeshRegChange@noaa.gov 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

Mail: Patricia A. Kurkul, Regional 

Administrator, Northeast Region, 

National Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 

01930–2298. Please write on the 

envelope: Comments on Proposed 

Change to Mesh Measurement 

Regulations. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Management 

Specialist, (978) 281–9341, FAX (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

NOAA Office of Law Enforcement, 

U.S. Coast Guard, and state enforcement 

partners have recently issued a 

clarification of the method used in 

measuring fishing net mesh size. This 

protocol closely follows the regulatory 

language, at 50 CFR Part 648, that a 

wedge-shaped net measurement gauge 

be allowed to settle under a specified 

weight, without shaking the net or 

pressing on the gauge to force it deeper 

into the mesh opening. This 

clarification eliminated some of the 


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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules 56099 

variation in methods used previously by 

the various enforcement agencies and 

personnel. However, the New England 

Fishery Management Council (Council) 

raised a concern that the twine bars of 

stiffer twines (especially those used in 

larger mesh) may not align properly 

under a load of 5 kg (11.02 lb), the 

specified force for all mesh sizes for 

many years. This has led to an increase 

in citations for mesh-size violations on 

gear that had previously measured as 

legal. 

The Council has requested that the 

NMFS increase the weight to 8 kg (17.64 

lb) for measuring the opening in mesh 

greater than 120 mm (4.72 inches). The 

increased weight would produce a force 

consistent with the recommendations of 

the International Council for the 

Exploration of the Seas (ICES) in the 

2004 report Mesh Size Measurement 

Revisited, which were incorporated into 

ICES’s new OMEGA (Objective Mesh 

Gauge) mesh measurement gauge. The 

5–kg weight would continue to be used 

to measure mesh smaller than 120 mm. 

Other measurement systems require 

frequent calibration and/or are subject 

to loss of battery power. The wedge 

gauge also has a long established case 

history in the Northeast. 

It is not expected that the increased 

weight would result in any de facto 

reduction in legal mesh size. Scientific 

studies that determine the selectivity 

and retention of specific mesh sizes 

typically use a longitudinal measuring 

force such as the old ICES gauge or the 

new OMEGA gauge rather than the 

wedge. The increased weight is not 

enough to significantly distort the mesh 

and would not result in the use of mesh 

smaller than that considered in previous 

analyses of environmental impacts. 

Classification 

NMFS has determined that this 

proposed rule is consistent with the 

FMPs and preliminarily determined that 

the rule is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Regional Administrator has 

determined that this proposed rule is a 

minor technical addition, correction, or 

change to a management plan and is 

therefore categorically excluded from 

the requirement to prepare an 

Environmental Impact Statement or 

equivalent document under the National 

Environmental Policy Act. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

This amendment would not change the 

minimum mesh size for any fishery or 

require any fishermen to purchase new 

gear. The only economic impact of the 

proposed rule would be to law 

enforcement agencies to acquire the 

additional weights. In addition, because 

this rule is expected to correct the 

increase in mesh size violations on gear 

that had previously measured legally, 

this rule may provide an economic 

benefit to fishermen. As a result, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 20, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. In § 648.51, paragraph (a)(2)(ii) is 

revised to read as follows: 

§ 648.51 Gear and crew restrictions. 

(a) * * * 

(2) * * * 

(ii) Measurement of mesh size. Mesh 

size is measured by using a wedgeshaped gauge having a taper of 2 cm 

(0.79 inches) in 8 cm (3.15 inches) and 

a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater than, 120 mm (4.72 inches). The 

mesh size is the average of the 

measurements of any series of 20 

consecutive meshes for nets having 75 

or more meshes, and 10 consecutive 

meshes for nets having fewer than 75 

meshes. The mesh in the regulated 

portion of the net is measured at least 

five meshes away from the lacings 

running parallel to the long axis of the 

net. 

* * * * * 

3. In § 648.80, paragraph (f)(2) is 

revised to read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(f) * * * 

(2) All other nets. With the exception 

of gillnets, mesh size is measured by a 

wedge-shaped gauge having a taper of 2 

cm (0.79 inches) in 8 cm (3.15 inches), 

and a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater, than 120 mm (4.72 inches). 

* * * * * 

4. In § 648.104, paragraph (a)(2) is 

revised to read as follows: 

§ 648.104 Gear restrictions 

(a) * * * 

(2) Mesh size is measured by using a 

wedge-shaped gauge having a taper of 2 

cm (0.79 inches) in 8 cm (3.15 inches), 

and a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater than, 120 mm (4.72 inches). The 

mesh size is the average of the 

measurements of any series of 20 

consecutive meshes for nets having 75 

or more meshes, and 10 consecutive 

meshes for nets having fewer than 75 

meshes. The mesh in the regulated 

portion of the net is measured at least 

five meshes away from the lacings, 

running parallel to the long axis of the 

net. 

* * * * * 

[FR Doc. 06–8187 Filed 9–25–06; 8:45 am] 

BILLING CODE 3510–22–S 


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