Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21679 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled Federalism (64 FR 

43255, August 10, 1999) and Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L, 

104–4). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

One comment was received from a 

private citizen who opposed the 

authorization to sell any pesticide that 

leaves residue on food. The Agency 

understands the commenter’s concerns 

and recognizes that some individuals 

believe that no residue of pesticides 

should be allowed. However, under the 

existing legal framework provided by 

section 408 of the Federal Food, Drug 

and Cosmetic Act (FFDCA) EPA is 

authorized to establish pesticide 

tolerances or exemptions where persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

the statute. 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 3, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymer; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS 

No. 

*******

Silicic acid, sodium salt, reaction products with chlorotrimethylsilane and iso-propyl alcohol, reaction with poly(oxypropylene)- 

poly(oxyethylene) glycol, minimum number average molecular weight (in amu), 75,000.

None. 

* * * * * * * 

[FR Doc. 2012–8733 Filed 4–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 111104664–2106–02] 

RIN 0648–BB61 

Shrimp Fisheries of the Gulf of Mexico 

and South Atlantic; Revisions of 

Bycatch Reduction Device Testing 

Protocols 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

framework procedures for adjusting 

management measures of the Fishery 

Management Plan for the Shrimp 

Fishery of the Gulf of Mexico (Gulf 

FMP) and the Fishery Management Plan 

for the Shrimp Fishery of the South 

Atlantic Region (South Atlantic FMP), 

this rule certifies two new bycatch 

reduction devices (BRDs) for use in the 

Gulf of Mexico (Gulf) and South 

Atlantic shrimp fisheries, and revises a 

harvesting restriction for shrimp vessels 

fishing in Federal waters of the Gulf. 

Both BRDs represent modifications to 

the Composite Panel BRD, which is 

provisionally certified through May 24, 

2012. This rule incorporates these BRDs 

into the list of allowable BRDs, and 

provides technical specifications for the 

construction and subsequent legal 

enforcement of these BRDs. 

Additionally, this rule reduces the 

shrimp effort threshold for the Gulf 

shrimp fishery. The intended effect of 

this final rule is to improve bycatch 

reduction efforts in the Gulf and South 

Atlantic shrimp fisheries, provide 

greater flexibility to the industry, reduce 

the potential adverse social and 

economic impacts to fishing 

communities of previous restrictions, 

and meet the requirements of National 

Standard 9 of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) which 


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21680 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

requires, to the extent practicable, the 

minimization of bycatch and bycatch 

mortality. 

DATES: This rule is effective May 11, 

2012, except for the amendments to 

§ 622.41(g)(3)(ii) and Appendix D to part 

622, paragraph G., which are effective 

May 25, 2012. 

ADDRESSES: Documents related to this 

final rule may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov/sf/ 

GulfShrimp.htm. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, email: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

shrimp fishery in the exclusive 

economic zone (EEZ) of the Gulf is 

managed under the Gulf FMP prepared 

by the Gulf of Mexico Fishery 

Management Council (Gulf Council), 

and the shrimp fishery in the EEZ of the 

South Atlantic is managed under the 

South Atlantic FMP prepared by the 

South Atlantic Fishery Management 

Council (South Atlantic Council). The 

Gulf and South Atlantic FMPs are 

implemented under the authority of the 

Magnuson-Stevens Act by regulations at 

50 CFR part 622. 

On January 9, 2012, NMFS published 

a proposed rule to certify two new BRDs 

for use in the Gulf and South Atlantic 

shrimp fisheries, and revise a harvesting 

restriction for shrimp vessels fishing in 

Federal waters of the Gulf and requested 

public comment (77 FR 1045). On 

January 23, 2012, NMFS published a 

correction to the proposed rule to 

correct an error in the preamble, which 

stated that the ‘‘Expanded Mesh BRD’’ 

would be decertified for use by the Gulf 

shrimp fishery after May 24, 2012, when 

it should have stated the ‘‘Extended 

Funnel BRD’’ would be decertified for 

use in the Gulf shrimp fishery after May 

24, 2012 (77 FR 3224). The proposed 

rule outlined the rationale for the 

actions contained in this final rule and 

is not repeated here. 

This final rule certifies two new BRDs 

for use in the Gulf and South Atlantic 

shrimp fisheries, namely the Cone Fish 

Deflector Composite Panel BRD and the 

Square Mesh Panel (SMP) Composite 

Panel BRD, and provides technical 

specifications for the construction of 

these BRDs. The two BRDS that are 

currently provisionally certified, 

through May 24, 2012, namely the 

Composite Panel BRD and the Extended 

Funnel BRD (Gulf only), will 

automatically be decertified on the date 

their preliminary certification expires. 

The Extended Funnel BRD will 

continue to be certified in the South 

Atlantic. 

This final rule also revises a 

harvesting restriction for shrimp vessels 

fishing in Federal waters of the Gulf. In 

accordance with regulations established 

when Joint Amendment 14/27 to the 

Gulf FMP and the FMP for the Reef Fish 

Fishery of the Gulf (Joint Amendment 

14/27) were implemented on February 

28, 2008 (73 FR 3117, January 29, 2008), 

the rate of shrimp trawl bycatch 

mortality on juvenile red snapper found 

in the 10 to 30 fathom depth contours, 

west of Mobile Bay, Alabama, must be 

reduced by at least 74 percent, 

compared to the average rate of fishing 

mortality documented during 2001 

through 2003. Joint Amendment 14/27 

further documented a direct correlation 

between shrimp trawl bycatch mortality 

and shrimping effort, as measured in 

days fished by shrimp vessels; meaning 

that shrimping effort, measured in days 

fished, can be used as proxy for shrimp 

trawl bycatch mortality rates. Based on 

data from 2001 through 2003, the 

benchmark mortality or ‘‘F’’ rate for 

shrimp trawl bycatch was 0.617. Using 

days fished as a proxy for bycatch 

mortality, that F rate corresponds to 

82,811 days fished. To comply with 

Joint Amendment 14/27, the days fished 

needs to be reduced by 74 percent, to 

meet the required 74 percent reduction 

in bycatch mortality. To ensure that the 

F rate is reduced by 74 percent to 0.160, 

the number of days fished in a 

particular year cannot exceed 21,531 

days (i.e., a 74 percent reduction from 

82,811 days). To date, the annual 

shrimping effort has not exceeded the 

threshold level of 21,531 days, and no 

closures in the following fishing year 

have been needed. 

Joint Amendment 14/27 also 

established that this restriction would 

be relaxed in 2011 by requiring only a 

67 percent reduction (not 74 percent) in 

shrimp trawl bycatch mortality. In 

accordance with Joint Amendment 14/ 

27, this rule requires that the annual 

rate of shrimp trawl bycatch mortality 

must now be reduced by 67 percent, 

again using shrimping effort as a proxy 

for mortality. Using effort as measured 

in days fished as a proxy for bycatch 

mortaility, to reduce mortality by at 

least 67 percent, the number of days 

fished cannot now exceed a threshold of 

27,328 days. The intent of relaxing this 

restriction on fishing effort is to benefit 

the shrimp fleet for its contribution to 

red snapper recovery, much like 

increasing allowable catch to the 

directed fishery as the red snapper stock 

recovers on its rebuilding trajectory. 

Comments and Responses 

One letter was received commenting 

on the proposed rule, identifying three 

issues. These comments and NMFS’ 

responses are presented below. 

Comment 1: One of the elements of 

the Composite Panel BRD that makes it 

preferable for use is that it can be 

constructed within the existing standard 

turtle excluder device (TED) extension. 

This allows the TED/BRD manufacturer 

to install both devices into the same 

extension of webbing, resulting in labor 

and material savings. The regulations 

should allow the BRD webbing 

extension to consist of the aft portion of 

a currently legal TED extension with all 

the components of the BRD otherwise 

installed, as described, and the openings 

cut into the existing TED extension, as 

described. 

Response: This final rule does not 

prohibit installing the Composite Panel 

BRD designs (Composite Panel BRD, 

Cone Fish Deflector Composite Panel 

BRD, and the SMP Composite Panel 

BRD) within the existing TED extension, 

provided that the extension material in 

the aft portion of the TED meets the 

specifications for the BRD installation as 

well (i.e., 241⁄2 meshes by 150 to 160 

meshes). There is no requirement to cut 

the TED extension off and sew a 

complete Composite Panel BRD 

extension on the shortened TED 

extension. However, this may be more 

efficient for some fishers who do not 

wish to take their TED extensions out of 

their nets and take them to the net shop 

to have a new Composite Panel BRD 

installed. Nevertheless, the BRD can be 

installed in the TED extension. The 

portion of the extension that constitutes 

the BRD extension must be installed no 

more than 4 meshes from the posterior 

edge of the TED and the BRD escape 

openings must be installed 11⁄2 meshes 

from the leading edge of the BRD 

extension. Therefore, if a Composite 

Panel BRD design is installed in the 

TED extension, the BRD escape 

openings must be no more than 51⁄2

meshes from the posterior edge of the 

grid. 

Comment 2: The instructions 

describing the starting point for 

attachment of the leading edges of the 

panels should be changed from ‘‘* * * 

extension starting 12 meshes up from 

the bottom center on each side * * *’’ 

to ‘‘* * * extension starting 12–14–16– 

18 meshes (i.e., 10 percent of the 

circumference of the extension) up from 

the bottom center on each side * * *’’ 

This would more accurately keep the 

opening in the same relative position to 

the original Composite Panel testing, 

which was done using a 120-mesh 


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Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21681 

extension, as in the original write-up of 

the provisional certification of the 

Composite Panel BRD. Establishing a 

requirement in terms of percentages 

instead of meshes would allow for the 

same opening position orientation in 

extensions as large as 180 meshes or 

even 200 meshes. This should also more 

accurately place the openings in the 150 

to 160 mesh extensions. 

Response: The Composite Panel BRD 

regulations, as published February 13, 

2008 (73 FR 8219), require that the BRD 

be constructed with a webbing 

extension with the dimensions of 241⁄2

meshes by 150 to 160 meshes, not 120 

meshes. All configurations of the 

Composite Panel BRDs were tested with 

TED/BRD extensions of 150 to 160 

meshes. It is not known what the effect 

of installing the BRD into an extension 

of 180 or 200 meshes would have 

regarding the performance of the BRD. 

Therefore, the portion of the extension 

that forms the BRD should be no more 

than 160 meshes. Allowing the current 

provisionally certified Composite Panel 

BRD to be installed in extensions of 180 

to 200 meshes would require additional 

certification tests with the larger 

extensions. 

Comment 3: The twine size of the 

currently described webbing extension 

is not stated in the proposed rule (77 FR 

1045, January 9, 2012) for either 

modification of the Composite Panel 

BRD. 

Response: The current regulations for 

the provisional certification of the 

Composite Panel BRD do not specify the 

twine size for the BRD extension. The 

purpose of this omission is to allow the 

Composite Panel BRDs to be installed in 

the TED extensions. NMFS 

acknowledges that the construction and 

installation manual posted on the 

Southeast Regional Office Web site 

(http://sero.nmfs.noaa.gov/sf/pdfs/

Composite%20BRD%20Instructions

.pdf) erroneously specifies a specific 

twine size for the extension webbing. 

This error will be corrected in the new 

construction and installation manuals 

for the two new modifications of the 

Composite Panel BRD. 

Changes From the Proposed Rule 

The two BRDs whose provisional 

certification expires May 25, 2012 will 

still be provisionally certified at the 

time this final rule takes effect. NMFS 

prepared the regulatory text in the 

proposed rule under the assumption 

that the final rule would be effective on 

a date concurrent with the expiration of 

the provisional certification of these two 

BRDs. However, due to the timing of 

this final rule, the two provisionally 

certified BRDS may still be used until 

May 25, 2012. Therefore, the regulatory 

text has been revised to include these 

provisionally certified BRDs through 

their date of effectiveness. 

The effective date for the BRD 

construction instructions in § 622.41, 

paragraph (g)(3)(ii), is delayed until May 

25, 2012, when the two provisionally 

certified BRDs expire. Additionally, the 

effective date for the removal of the 

description of the Composite BRD in 

Appendix D to part 622, paragraph G., 

is delayed until May 25, 2012. Finally, 

the description of the two new BRDs 

being certified through this rule are 

added to Appendix D in part 622, in 

paragraphs H. and I., instead of 

paragraphs G. and H., as written in the 

proposed rule regulatory text. 

To improve this rule’s clarity, NMFS 

is adding the number of days fished that 

result from the 67-percent target 

reduction of shrimp trawl bycatch 

mortality on red snapper in § 622.34 

(l)(1). 

NMFS is also correcting a typo in the 

description of the two new BRDs being 

certified through this rule. The term 

‘‘number’’ is removed from the first 

sentence of part 622, Appendix D H.2.a. 

and I.2.a. The minimum construction 

and installation requirements for the 

Cone Fish Deflector Composite Panel 

BRD and the SMP Composite Panel BRD 

do not specify a number for the twine 

size of the stretch mesh, to allow for 

more flexibility in the construction of 

these BRDs, therefore the term 

‘‘number’’ can be removed from these 

specifications. 

Classification 

The NMFS Assistant Administrator, 

Southeast Region, has determined that 

the actions contained in this rule are 

necessary for the conservation and 

management of the shrimp fishery in the 

Gulf and South Atlantic and that they 

are consistent with the MagnusonStevens Act, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

determination was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was proposed. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 6, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, 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 § 622.34, the second sentence of 

paragraph (l)(1) is revised to read as 

follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(l) * * * 

(1) * * * The RA’s determination of 

the need for such closure and its 

geographical scope and duration will be 

based on an annual assessment, by the 

Southeast Fisheries Science Center, of 

the shrimp effort and associated shrimp 

trawl bycatch mortality on red snapper 

in the 10–30 fathom area of statistical 

zones 10–21, compared to the 67- 

percent target reduction of shrimp trawl 

bycatch mortality on red snapper from 

the benchmark years of 2001–2003 

established in the FMP (which 

corresponds in terms of annual shrimp 

effort to 27,328 days fished). * * * 

* * * * * 

■ 3. In § 622.41, paragraph (g)(3)(ii) is 

removed and reserved and paragraphs 

(g)(3)(i)(G) and (H) are added to read as 

follows: 

§ 622.41 Species specific limitations. 

* * * * * 

(g) * * * 

(3) * * * 

(i) * * * 

(G) Cone Fish Deflector Composite 

Panel. 

(H) Square Mesh Panel (SMP) 

Composite Panel. 

* * * * * 

■ 4. In Appendix D to part 622, 

paragraph G. is removed and reserved 

and paragraphs H. and I. are added to 

read as follows: 

Appendix D to Part 622—Specifications 

for Certified BRDS 

* * * * * 


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21682 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

H. Cone Fish Deflector Composite Panel. 

1. Description. The Cone Fish Deflector 

Composite Panel BRD is a variation to the 

alternative funnel construction method of the 

Jones-Davis BRD, except the funnel is 

assembled by using depth-stretched and heatset polyethylene webbing with square mesh 

panels on the inside instead of the flaps 

formed from the extension webbing. In 

addition, no hoops are used to hold the BRD 

open. 

2. Minimum Construction and Installation 

Requirements. The Cone Fish Deflector 

Composite Panel BRD must contain all of the 

following: 

(a) Webbing extension. The webbing 

extension must be constructed from a single 

rectangular piece of 11⁄2-inch to 13⁄4-inch 

(3.8-cm to 4.5-cm) stretch mesh with 

dimensions of 241⁄2 meshes by 150 to 160 

meshes. A tube is formed from the extension 

webbing piece by sewing the 241⁄2-mesh sides 

together. The leading edge of the webbing 

extension must be attached no more than 4 

meshes from the posterior edge of the TED 

grid. 

(b) Funnel. The V-shaped funnel consists 

of two webbing panels attached to the 

extension along the leading edge of the 

panels. The top and bottom edges of the 

panels are sewn diagonally across the 

extension toward the center to form the 

funnel. The panels are 2-ply in design, each 

with an inner layer of 11⁄2-inch to 15⁄8-inch 

(3.8-cm to 4.1-cm) heat-set and depthstretched polyethylene webbing and an outer 

layer constructed of no larger than 2-inch 

(5.1-cm) square mesh webbing (1-inch bar). 

The inner webbing layer must be rectangular 

in shape, 36 meshes on the leading edge by 

20 meshes deep. The 36-mesh leading edges 

of the polyethylene webbing should be sewn 

evenly to 24 meshes of the extension 

webbing 11⁄2 meshes from and parallel to the 

leading edge of the extension starting 12 

meshes up from the bottom center on each 

side. Alternately sew 2 meshes of the 

polyethylene webbing to 1 mesh of the 

extension webbing then 1 mesh of the 

polyethylene webbing to 1 mesh of the 

extension webbing toward the top. The 

bottom 20-mesh edges of the polyethylene 

layers are sewn evenly to the extension 

webbing on a 2 bar 1 mesh angle toward the 

bottom back center forming a v-shape in the 

bottom of the extension webbing. The top 20- 

mesh edges of the polyethylene layers are 

sewn evenly along the bars of the extension 

webbing toward the top back center. The 

square mesh layers must be rectangular in 

shape and constructed of no larger than 2- 

inch (5.1-cm) webbing that is 18 inches (45.7 

cm) in length on the leading edge. The depth 

of the square mesh layer must be no more 

than 2 inches (5.1 cm) less than the 20 mesh 

side of the inner polyethylene layer when 

stretched taught. The 18-inch (45.7-cm) 

leading edge of each square mesh layer must 

be sewn evenly to the 36-mesh leading edge 

of the polyethylene section and the sides are 

sewn evenly (in length) to the 20-mesh edges 

of the polyethylene webbing. This will form 

a v-shape funnel using the top of the 

extension webbing as the top of the funnel 

and the bottom of the extension webbing as 

the bottom of the funnel. 

(c) Cutting the escape opening. There are 

two escape openings on each side of the 

funnel. The leading edge of the escape 

openings must be located on the same row 

of meshes in the extension webbing as the 

leading edge of the composite panels. The 

lower openings are formed by starting at the 

first attachment point of the composite 

panels and cutting 9 meshes in the extension 

webbing on an even row of meshes toward 

the top of the extension. Next, turn 90 

degrees and cut 15 points on an even row 

toward the back of the extension webbing. At 

this point turn and cut 18 bars toward the 

bottom front of the extension webbing. Finish 

the escape opening by cutting 6 points 

toward the original starting point. The top 

escape openings start 5 meshes above and 

mirror the lower openings. Starting at the 

leading edge of the composite panel and 5 

meshes above the lower escape opening, cut 

9 meshes in the extension on an even row of 

meshes toward the top of the extension. Next, 

turn 90 degrees, and cut 6 points on an even 

row toward the back of the extension 

webbing. Then cut 18 bars toward the bottom 

back of the extension. To complete the 

escape opening, cut 15 points forward toward 

the original starting point. The area of each 

escape opening must total at least 212 in2

(1,368 cm2). The four escape openings must 

be double selvaged for strength. 

(d) Cone fish deflector. The cone fish 

deflector is constructed of 2 pieces of 15⁄8- 

inch (4.1-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 12 inches (30.5 cm) of the posterior 

edge of the funnel. 

(e) 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 341⁄2 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. 

(f) Installation of the cone in the extension. 

The apex of the cone must be installed in the 

extension within 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 (or at least 4-mesh wide 

strip of number 21 or heavier webbing) 3 ft 

(1.22 m) in length must be attached to the 

apex of the cone. This piece of twine or 

webbing must be attached within 5 meshes 

of the aft edge of the funnel at the center of 

each of its sides. Two 12-inch (30.5-cm) 

pieces of number 60 (or heavier) 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 extension 

webbing to keep the cone from inverting into 

the funnel. 

I. Square Mesh Panel (SMP) Composite 

Panel. 

1. Description. The SMP is a panel of 

square mesh webbing placed in the top of the 

cod end to provide finfish escape openings. 

2. Minimum Construction and Installation 

Requirements. The SMP Composite Panel 

BRD must contain all of the following: 

(a) Webbing extension. The webbing 

extension must be constructed from a single 

rectangular piece of 11⁄2-inch to 13⁄4-inch 

(3.8-cm to 4.5-cm) stretch mesh with 

dimensions of 241⁄2 meshes by 150 to 160 

meshes. A tube is formed from the extension 

webbing piece by sewing the 241⁄2-mesh sides 

together. The leading edge of the webbing 

extension must be attached no more than 4 

meshes from the posterior edge of the TED 

grid. 

(b) Funnel. The V-shaped funnel consists 

of two webbing panels attached to the 

extension along the leading edge of the 

panels. The top and bottom edges of the 

panels are sewn diagonally across the 

extension toward the center to form the 

funnel. The panels are 2-ply in design, each 

with an inner layer of 11⁄2-inch to 15⁄8-inch 

(3.8-cm to 4.1-cm) heat-set and depthstretched polyethylene webbing and an outer 

layer constructed of no larger than 2-inch 

(5.1-cm) square mesh webbing (1-inch bar). 

The inner webbing layer must be rectangular 

in shape, 36 meshes on the leading edge by 

20 meshes deep. The 36-mesh leading edges 

of the polyethylene webbing should be sewn 

evenly to 24 meshes of the extension 

webbing 11⁄2 meshes from and parallel to the 

leading edge of the extension starting 12 

meshes up from the bottom center on each 

side. Alternately sew 2 meshes of the 

polyethylene webbing to 1 mesh of the 

extension webbing then 1 mesh of the 

polyethylene webbing to 1 mesh of the 

extension webbing toward the top. The 

bottom 20-mesh edges of the polyethylene 

layers are sewn evenly to the extension 

webbing on a 2 bar 1 mesh angle toward the 

bottom back center forming a v-shape in the 

bottom of the extension webbing. The top 20- 

mesh edges of the polyethylene layers are 

sewn evenly along the bars of the extension 

webbing toward the top back center. The 

square mesh layers must be rectangular in 

shape and constructed of no larger than 2- 

inch (5.1-cm) webbing that is 18 inches (45.7 

cm) in length on the leading edge. The depth 

of the square mesh layer must be no more 

than 2 inches (5.1 cm) less than the 20 mesh 

side of the inner polyethylene layer when 

stretched taught. The 18-inch (45.7-cm) 

leading edge of each square mesh layer must 

be sewn evenly to the 36-mesh leading edge 

of the polyethylene section and the sides are 

sewn evenly (in length) to the 20-mesh edges 

of the polyethylene webbing. This will form 

a v-shape funnel using the top of the 

extension webbing as the top of the funnel 

and the bottom of the extension webbing as 

the bottom of the funnel. 

(c) Cutting the escape opening. There are 

two escape openings on each side of the 

funnel. The leading edge of the escape 

openings must be located on the same row 

of meshes in the extension webbing as the 

leading edge of the composite panels. The 

lower openings are formed by starting at the 

first attachment point of the composite 

panels and cutting 9 meshes in the extension 

webbing on an even row of meshes toward 

the top of the extension. Next, turn 90 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21683 

degrees and cut 15 points on an even row 

toward the back of the extension webbing. At 

this point turn and cut 18 bars toward the 

bottom front of the extension webbing. Finish 

the escape opening by cutting 6 points 

toward the original starting point. The top 

escape openings start 5 meshes above and 

mirror the lower openings. Starting at the 

leading edge of the composite panel and 5 

meshes above the lower escape opening, cut 

9 meshes in the extension on an even row of 

meshes toward the top of the extension. Next, 

turn 90 degrees, and cut 6 points on an even 

row toward the back of the extension 

webbing. Then cut 18 bars toward the bottom 

back of the extension. To complete the 

escape opening, cut 15 points forward toward 

the original starting point. The area of each 

escape opening must total at least 212 in2

(1,368 cm2). The four escape openings must 

be double selvaged for strength. 

(d) SMP. The SMP is constructed from a 

single piece of square mesh webbing with a 

minimum dimension of 5 squares wide and 

12 squares in length with a minimum mesh 

size of 3-inch (76-mm) stretched mesh. The 

maximum twine diameter of the square mesh 

is number 96 twine (4 mm). 

(e) Cutting the SMP escape opening. The 

escape opening is a rectangular hole cut in 

the top center of the cod end webbing. The 

posterior edge of the escape opening must be 

placed no farther forward that 8 ft (2.4 m) 

from the cod end drawstring (tie-off rings). 

The width of the escape opening, as 

measured across the cod end, must be four 

cod end meshes per square of the SMP (i.e., 

a cut of 20 cod end meshes for a SMP that 

is 5 meshes wide). The stretched mesh length 

of the escape opening must be equal to the 

total length of the SMP. No portion of the 

SMP escape opening may be covered with 

additional material or netting such as 

chaffing webbing, which might impede or 

prevent fish escapement. 

(f) Installation of the SMP. The SMP must 

be attached to the edge of the escape opening 

evenly around the perimeter of the escape 

opening cut with heavy twine. 

[FR Doc. 2012–8730 Filed 4–10–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111207737–2141–02] 

RIN 0648–XB174 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/processors Using Trawl Gear 

in the Central Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/ 

processors (C/Ps) using trawl gear in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the A season 

allowance of the 2012 Pacific cod total 

allowable catch apportioned to C/Ps 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 8, 2012, through 1200 

hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to C/Ps using trawl gear in 

the Central Regulatory Area of the GOA 

is 847 metric tons (mt), as established by 

the final 2012 and 2013 harvest 

specifications for groundfish of the GOA 

(77 FR 15194, March 14, 2012). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to C/Ps using trawl gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 547 mt, 

and is setting aside the remaining 300 

mt as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by C/Ps using trawl gear in the 

Central Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of 

Pacific cod for C/Ps using trawl gear in 

the Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of April 5, 

2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 6, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–8710 Filed 4–6–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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