Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27499

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–194,

adopted April 29, 1998, and released

May 8, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Idaho, is amended by

removing Channel 293C and adding

Channel 275C at Island Park.

3. Section 73.202(b), the Table of FM

Allotments under Idaho, is amended by

removing Channel 300C and adding

Channel 292C1 at Shelley.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–13170 Filed 5–18–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 980505118–8118–01;

I.D.042798C]

RIN 0648–AL14

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery of the Gulf of Mexico; Bycatch

Reduction Device Certification

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim rule; request for

comments.

SUMMARY: This interim rule certifies the

Jones-Davis and Gulf fisheye bycatch

reduction devices (BRDs) for use in the

Gulf of Mexico shrimp fishery. The

intended effects of this rule are to

provide flexibility to Gulf shrimp

trawlers for complying with the

requirement to use a BRD. This will

allow shirmpers to select a BRD based

on how it matches the operating

conditions their vessel encounters. This

should enhance compliance, help

minimize shrimp loss, and further

increase bycatch reduction and, thus,

further reduce overfishing of red

snapper.

DATES: This rule is effective May 14,

1998, through November 16, 1998.

Comments must be received no later

than June 18, 1998.

ADDRESSES: Comments on this interim

rule must be mailed to, and copies of

documents supporting this rule may be

obtained from, the Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St Petersburg, FL 33702.

Requests for copies of construction and

installation instructions for the JonesDavis and Gulf fisheye BRDs should be

addressed to the Chief, Harvesting

Systems Division, Mississippi

Laboratories, Southeast Fisheries

Science Center, NMFS, P.O. Drawer

1207, Pascagoula, MS 39568–1207.

FOR FURTHER INFORMATION CONTACT:

Michael E. Justen, phone: 813–570–5305

or fax: 813–570–5583.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Shrimp Fishery of the Gulf of Mexico

(FMP) was prepared by the Gulf of

Mexico Fishery Management Council

(Council) and is implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) by

regulations at 50 CFR part 622.

Background

Shrimp trawling results in a

significant, inadvertent bycatch of nontarget finfish and invertebrates, most of

which are discarded dead. Recent

concerns about bycatch in the Gulf of

Mexico have focused on the high

mortality of juvenile (ages 0 and 1) red

snapper, a valuable reef fish species for

commercial and recreational fisheries.

The Council developed Amendment 9

to the FMP to reduce shrimp trawler

bycatch of juvenile red snapper while,

to the extent practicable, minimizing

adverse effects on the shrimp fishery.

The red snapper stock of the Gulf of

Mexico is overfished. Even if the

directed fisheries for adult red snapper

were eliminated, the bycatch of juvenile

red snapper in shrimp trawls would still

need to be reduced for the adult

spawning stock to recover under the

Council’s rebuilding schedule.

The critical management measure in

Amendment 9 is the required use of

NMFS-certified BRDs in shrimp trawls

towed in the Gulf of Mexico exclusive

economic zone (EEZ), shoreward of the

100–fm (183–m) depth contour west of

85°30’ W. long., the approximate

longitude of Cape San Blas, Florida. To

be certified, a BRD must meet the FMP’s

bycatch reduction criterion for red

snapper (i.e., it must reduce the shrimp

trawl bycatch mortality of age 0 and 1

red snapper by a minimum of 44

percent from the average level of fishing

mortality on these age groups during the

period 1984–89).

The final rule implementing

Amendment 9 (63 FR 1813, April 14,

1998) certified the fisheye BRD for use

in the Gulf shrimp fishery effective May

14, 1998, the effective date of the

requirement to use BRDs in the Gulf

EEZ. The fisheye BRD is a cone-shaped

rigid frame constructed from aluminum

or steel rods of at least 1/4 inch (6.35

mm) diameter, which is inserted into

the codend of the trawl to form an

escape opening. The fisheye BRD must

have an opening dimension of at least

5 inches (12.7 cm) and a total opening

area of at least 36 in2 (232.3 cm2). The

fisheye BRD must be installed at the top

center of the codend of the trawl to

create an opening in the trawl, facing in

the direction of the mouth of the trawl,

no further forward than 11 ft (3.4 m)

from the codend drawstring (tie-off

rings) or 70 percent of the distance

between the codend drawstring and the

forward edge of the codend, excluding

any extension, whichever is the shorter

distance. The fisheye, located within

this position of the codend, also has

been certified for use by penaeid shrimp

trawlers in the South Atlantic EEZ.

Recent research indicates that the

Jones-Davis BRD and the Gulf fisheye

BRD also meet the Gulf red snapper

bycatch reduction criterion. This rule

certifies these two BRDs for use in the

Gulf of Mexico shrimp fishery on an

interim basis. NMFS expects to certify

these two BRDs permanently after

implementation of a BRD testing

protocol later this year.

The Gulf fisheye BRD is constructed

the same as the fisheye BRD but has

different installation requirements. The

Gulf fisheye must be installed in the

codend of the trawl to create an escape

opening in the trawl, facing in the

direction of the mouth of the trawl, no

further forward than 12.5 ft (3.81 m) and
27500 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

no less than 8.5 ft (2.59 m) from the

codend tie-off rings. The Gulf fisheye

may not be offset by more than 15

meshes perpendicular to the top center

of the codend. This provides a broader

range of allowable installation locations

within the codend compared with the

originally certified fisheye. Specifically,

it allows for an offset of no more than

15 meshes perpendicular to top center

(left or right) and allows for more

forward placement in the codend—an

alternative that appears to minimize

shrimp loss while meeting the red

snapper bycatch reduction criterion.

The Jones-Davis BRD is a funnel type

BRD. It incorporates the same basic

design principle as the expanded mesh

and the extended funnel BRDs that were

certified for use in the South Atlantic

EEZ only, except that the fish escape

openings are created by cutting

windows around the funnel rather than

using large-mesh sections. The JonesDavis BRD design also incorporates a

webbing, cone fish deflector behind the

funnel which acts as a fish stimulator,

discouraging fish from passing into the

aft portion of the codend and, thus,

increasing fish bycatch reduction.

Specifications for these BRDs are set

forth in Appendix D to 50 CFR part 622.

Information, including diagrams of the

Gulf fisheye and Jones-Davis BRDs and

construction and installation

instructions, is also available to aid

fishermen and gear manufacturers (see

ADDRESSES).

Certification of the Jones-Davis and

Gulf fisheye BRDs provides Gulf shrimp

trawlers three BRD options from which

to choose. These options will allow

shrimpers to select a BRD based on how

it matches the operational conditions

that their trawler encounters. This

should enhance compliance, help

minimize shrimp loss, and further

increase bycatch reduction, thus

contributing to further reduction in the

overfishing of Gulf red snapper.

NMFS finds that the timely regulatory

action provided by this interim rule is

necessary to reduce overfishing of red

snapper in the Gulf of Mexico. NMFS

issues this interim rule, effective for not

more than 180 days, as authorized by

section 305(c) of the Magnuson-Stevens

Act. This interim rule may be extended

for an additional 180 days, provided

that the public has had an opportunity

to comment on the interim rule. Public

comments on this interim rule will be

considered in determining whether to

maintain or extend this rule to address

overfishing of red snapper.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to enhance

compliance with the BRD requirement

for the Gulf shrimp fishery, improve

effectiveness of bycatch reduction, and,

thereby, reduce overfishing of red

snapper in the Gulf of Mexico. The AA

has also determined that this rule is

consistent with the Magnuson-Stevens

Act and other applicable laws.

This interim rule has been determined

to be not significant for purposes of E.O.

12866.

Because prior notice and an

opportunity for public comment are not

required to be provided for this rule by

5 U.S.C. 553 or by any other law, the

analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

NMFS prepared a regulatory impact

review (RIR) that provides an estimate

of the costs and benefits of this rule. The

RIR notes that the only identifiable costs

associated with this rule are

administrative costs of rule preparation;

this cost has been estimated at $5,000.

This rule is expected to have positive

effects on shrimp harvests and effort

patterns because shrimpers will have

the ability to choose among three BRD

options instead of having to use the one

BRD that was certified in Amendment 9.

The positive effects will accrue because

different shrimpers employ different

harvesting tactics, pursue different

shrimp species, operate in different

geographical areas, and operate at

varying times during the year. These

differences in shrimp harvesting

operations and conditions make it more

efficient overall if a variety of BRDs are

available. Over time, it is fully expected

that a mix of available BRDs will be

used to meet the BRD requirement.

While the resulting benefits cannot be

quantified, they may be fairly large. It is

also expected that given the expanded

choice of BRDs, compliance will be

enhanced and the reduction in bycatch

mortality will be increased relative to

the status quo of a single BRD choice;

therefore, there should be increased

benefits to the red snapper fishery.

Copies of the RIR are available (see

ADDRESSES).

This rule certifies the Jones-Davis and

Gulf fisheye BRDs for use in the Gulf

shrimp fishery, thereby providing

shrimp trawlers flexibility in complying

with the BRD requirement. This should

enhance the compliance rate and reduce

the bycatch mortality rate, and, thus,

reduce the overfishing of Gulf red

snapper. Accordingly, pursuant to

authority set forth at 5 U.S.C. 553(b)(B),

the AA finds that these reasons

constitute good cause to waive the

requirement to provide prior notice and

the opportunity for prior public

comment, as the delay associated with

such procedures would be contrary to

the public interest.

Similarly, under 5 U.S.C. 553(d)(3),

the Assistant Administrator finds for

good cause that a 30-day delay in the

effective date of this rule would be

contrary to the public interest. This rule

imposes no additional regulatory

burden but does relieve a restriction by

providing Gulf shrimp trawlers a choice

of certified BRDs that may be used to

comply with the BRD requirement that

becomes effective on May 14, 1998. To

the extent that this rule relieves

restrictions by providing a choice, it is

not subject to a delay in effective date

under 5 U.S.C. 553(d). This rule will be

effective May 14, 1998, the

implementation date of the BRD

requirement.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: May 13, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is amended

as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:

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

2. Effective May 14, 1998, through

November 16, 1998, in § 622.41,

paragraph (h)(2) is suspended and

paragraph (h)(3) is added to read as

follows:

§ 622.41 Species specific limitations.

* * * * *

(h) * * *

(3) Certified BRDs. The following

BRDs are certified for use by shrimp

trawlers in the Gulf EEZ. Specifications

of these certified BRDs are contained in

Appendix D to this part.

(i) Fisheye

(ii) Gulf fisheye.

(iii) Jones-Davis.

3. Effective May 14, 1998, through

November 16, 1998, in Appendix D to

part 622, paragraphs D and E are added

to read as follows:

Appendix D to Part 622—Specifications

for Certified BRDs

* * * * *

D. Gulf fisheye.

1. Description. The Gulf fisheye BRD is a

cone-shaped rigid frame constructed from
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27501

aluminum or steel that is inserted into the

top center of the codend, or is offset not more

than 15 meshes perpendicular to the top

center of the codend, to form an escape

opening.

2. Minimum Construction and Installation

Requirements. The Gulf fisheye is a coneshaped rigid frame constructed of aluminum

or steel rods. The rods must be at least 1/4–

inch (6.35–mm) diameter. Any dimension of

the escape opening must be at least 5.0

inches (12.7 cm), and the total escape

opening area must be at least 36.0 in2 (232.3

cm2). The Gulf fisheye must be installed in

the codend of the trawl to create an escape

opening in the trawl, facing in the direction

of the mouth of the trawl, no further forward

than 12.5 ft (3.81 m) and no less than 8.5 ft

(2.59 m) from the codend tie-off rings. The

Gulf fisheye may not be offset more than 15

meshes perpendicular to the top center of the

codend.

E. Jones-Davis.

1. Description. The Jones-Davis BRD is

similar to the expanded mesh and the

extended funnel BRDs except that the fish

escape openings are windows cut around the

funnel rather than large-mesh sections. In

addition, a webbing cone fish deflector is

installed behind the funnel.

2. Minimum Construction and Installation

Requirements. The Jones-Davis BRD must

contain all of the following.

(a) Webbing extension. The webbing

extension must be constructed from a single

piece of 1 5/8–inch (3.5–cm) stretch mesh

number 30 nylon 42 meshes by 120 meshes.

A tube is formed from the extension webbing

by sewing the 42–mesh side together.

(b) 28–inch (71.1–cm) cable hoop. A single

hoop must be constructed of 1⁄2-inch (1.3–

cm) steel cable 88 inches (223.5 cm) in

length. The cable must be joined at its ends

by a 3–inch (7.6–cm) piece of 1⁄2-inch (1.3–

cm) aluminum pipe and pressed with a 3/8–

inch (0.95–cm) die to form a hoop. The

inside diameter of this hoop must be between

27 and 29 inches (68.6 and 73.7 cm). The

hoop must be attached to the extension

webbing 17 1⁄2 meshes behind the leading

edge. The extension webbing must be

quartered and attached in four places around

the hoop, and every other mesh must be

attached all the way around the hoop using

number 24 twine or larger. The hoop must be

laced with 3/8–inch (0.95–cm)

polypropylene or polyethylene rope for

chaffing.

(c) 24–inch (61.0–cm) cable hoop. A single

hoop must be constructed of 3/8–inch (0.95–

cm) steel cable 75 1⁄2 inches (191.8 cm) in

length. The cable must be joined at its ends

by a 3–inch (7.6–cm) piece of 3/8–inch (0.95–

cm) aluminum pipe and pressed together

with a 1/4–inch (0.64–cm) die to form a

hoop. The inside diameter of this hoop must

be between 23 and 25 inches (58.4 and 63.4

cm). The hoop must be attached to the

extension webbing 39 meshes behind the

leading edge. The extension webbing must be

quartered and attached in four places around

the hoop, and every other mesh must be

attached all the way around the hoop using

number 24 twine or larger. The hoop must be

laced with 3/8–inch (0.95–cm)

polypropylene or polyethylene rope for

chaffing.

(d) Funnel. The funnel must be constructed

from four sections of 1 1⁄2-inch (3.8–cm) heatset and depth-stretched polypropylene or

polyethylene webbing. The two side sections

must be rectangular in shape, 29 1⁄2 meshes

on the leading edge by 23 meshes deep. The

top and bottom sections are 29 1⁄2 meshes on

the leading edge by 23 meshes deep and

tapered 1 point 2 bars on both sides down

to 8 meshes across the back. The four

sections must be sewn together down the 23–

mesh edge to form the funnel.

(e) Attachment of the funnel in the webbing

extension. The funnel must be installed two

meshes behind the leading edge of the

extension starting at the center seam of the

extension and the center mesh of the funnel’s

top section leading edge. On the same row of

meshes, the funnel must be sewn evenly all

the way around the inside of the extension.

The funnel’s top and bottom back edges must

be attached one mesh behind the 28–inch

(71.1–cm) cable hoop (front hoop). Starting at

the top center seam, the back edge of the top

funnel section must be attached four meshes

each side of the center. Counting around 60

meshes from the top center, the back edge of

the bottom section must be attached 4

meshes on each side of the bottom center.

Clearance between the side of the funnel and

the 28–inch (71.1–cm) cable hoop (front

hoop) must be at least 6 inches (15.2 cm)

when measured in the hanging position.

(f) Cutting the escape openings. The

leading edge of the escape opening must be

located within 18 inches (45.7 cm) of the

posterior edge of the turtle excluder device

(TED) grid. The area of the escape opening

must total at least 864 in2 (5,574.2 cm2). Two

escape openings 10 meshes wide by 13

meshes deep must be cut 6 meshes apart in

the extension webbing, starting at the top

center extension seam, 3 meshes back from

the leading edge and 16 meshes to the left

and to the right (total of four openings). The

four escape openings must be double

selvaged for strength.

(g) Cone fish deflector. The cone fish

deflector is constructed of 2 pieces of 1 5/8–

inch (4.13–cm) polypropylene or

polyethylene webbing, 40 meshes wide by 20

meshes in length and cut on the bar on each

side forming a triangle. Starting at the apex

of the two triangles, the two pieces must be

sewn together to form a cone of webbing. The

apex of the cone fish deflector must be

positioned within 10–14 inches (25.4–35.6

cm) of the posterior edge of the funnel.

(h) 11–inch (27.9–cm) cable hoop for cone

deflector. A single hoop must be constructed

of 5/16–inch (0.79–cm)or 3/8–inch (0.95–cm)

cable 34 1⁄2 inches (87.6 cm) in length. The

ends must be joined by a 3–inch (7.6–cm)

piece of 3/8–inch (0.95–cm) aluminum pipe

pressed together with a 1/4–inch (0.64–cm)

die. The hoop must be inserted in the

webbing cone, attached 10 meshes from the

apex and laced all the way around with

heavy twine.

(i) Installation of the cone in the extension.

The cone must be installed in the extension

12 inches (30.5 cm) behind the back edge of

the funnel and attached in four places. The

midpoint of a piece of number 60 twine 4 ft

(1.22 m) in length must be attached to the

apex of the cone. This piece of twine must

be attached to the 28–inch (71.1–cm) cable

hoop at the center of each of its sides; the

points of attachment for the two pieces of

twine must be measured 20 inches (50.8 cm)

from the midpoint attachment. Two 8–inch

(20.3–cm) pieces of number 60 twine must be

attached to the top and bottom of the 11–inch

(27.9–cm) cone hoop. The opposite ends of

these two pieces of twine must be attached

to the top and bottom center of the 24–inch

(61–cm) cable hoop; the points of attachment

for the two pieces of twine must be measured

4 inches (10.2 cm) from the points where

they are tied to the 11–inch (27.9–cm) cone

hoop.

[FR Doc. 98–13283 Filed 5–4–98; 3:51 pm]

BILLING CODE 3510–22–F