[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27499-27501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980505118-8118-01; I.D.042798C]
RIN 0648-AL14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Bycatch Reduction Device 
Certification

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim rule; request for comments.

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SUMMARY: This interim rule certifies the Jones-Davis and Gulf fisheye 
bycatch reduction devices (BRDs) for use in the Gulf of Mexico shrimp 
fishery. The intended effects of this rule are to provide flexibility 
to Gulf shrimp trawlers for complying with the requirement to use a 
BRD. This will allow shirmpers to select a BRD based on how it matches 
the operating conditions their vessel encounters. This should enhance 
compliance, help minimize shrimp loss, and further increase bycatch 
reduction and, thus, further reduce overfishing of red snapper.

DATES: This rule is effective May 14, 1998, through November 16, 1998. 
Comments must be received no later than June 18, 1998.

ADDRESSES: Comments on this interim rule must be mailed to, and copies 
of documents supporting this rule may be obtained from, the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St Petersburg, 
FL 33702. Requests for copies of construction and installation 
instructions for the Jones-Davis and Gulf fisheye BRDs should be 
addressed to the Chief, Harvesting Systems Division, Mississippi 
Laboratories, Southeast Fisheries Science Center, NMFS, P.O. Drawer 
1207, Pascagoula, MS 39568-1207.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen, phone: 813-570-5305 
or fax: 813-570-5583.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Shrimp 
Fishery of the Gulf of Mexico (FMP) was prepared by the Gulf of Mexico 
Fishery Management Council (Council) and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    Shrimp trawling results in a significant, inadvertent bycatch of 
non-target finfish and invertebrates, most of which are discarded dead. 
Recent concerns about bycatch in the Gulf of Mexico have focused on the 
high mortality of juvenile (ages 0 and 1) red snapper, a valuable reef 
fish species for commercial and recreational fisheries.
    The Council developed Amendment 9 to the FMP to reduce shrimp 
trawler bycatch of juvenile red snapper while, to the extent 
practicable, minimizing adverse effects on the shrimp fishery. The red 
snapper stock of the Gulf of Mexico is overfished. Even if the directed 
fisheries for adult red snapper were eliminated, the bycatch of 
juvenile red snapper in shrimp trawls would still need to be reduced 
for the adult spawning stock to recover under the Council's rebuilding 
schedule.
    The critical management measure in Amendment 9 is the required use 
of NMFS-certified BRDs in shrimp trawls towed in the Gulf of Mexico 
exclusive economic zone (EEZ), shoreward of the 100-fm (183-m) depth 
contour west of 85 deg.30' W. long., the approximate longitude of Cape 
San Blas, Florida. To be certified, a BRD must meet the FMP's bycatch 
reduction criterion for red snapper (i.e., it must reduce the shrimp 
trawl bycatch mortality of age 0 and 1 red snapper by a minimum of 44 
percent from the average level of fishing mortality on these age groups 
during the period 1984-89).
    The final rule implementing Amendment 9 (63 FR 1813, April 14, 
1998) certified the fisheye BRD for use in the Gulf shrimp fishery 
effective May 14, 1998, the effective date of the requirement to use 
BRDs in the Gulf EEZ. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rods of at least 1/4 inch (6.35 mm) 
diameter, which is inserted into the codend of the trawl to form an 
escape opening. The fisheye BRD must have an opening dimension of at 
least 5 inches (12.7 cm) and a total opening area of at least 36 
in<SUP>2</SUP> (232.3 cm<SUP>2</SUP>). The fisheye BRD must be 
installed at the top center of the codend of the trawl to create an 
opening in the trawl, facing in the direction of the mouth of the 
trawl, no further forward than 11 ft (3.4 m) from the codend drawstring 
(tie-off rings) or 70 percent of the distance between the codend 
drawstring and the forward edge of the codend, excluding any extension, 
whichever is the shorter distance. The fisheye, located within this 
position of the codend, also has been certified for use by penaeid 
shrimp trawlers in the South Atlantic EEZ.
    Recent research indicates that the Jones-Davis BRD and the Gulf 
fisheye BRD also meet the Gulf red snapper bycatch reduction criterion. 
This rule certifies these two BRDs for use in the Gulf of Mexico shrimp 
fishery on an interim basis. NMFS expects to certify these two BRDs 
permanently after implementation of a BRD testing protocol later this 
year.
    The Gulf fisheye BRD is constructed the same as the fisheye BRD but 
has different installation requirements. The Gulf fisheye must be 
installed in the codend of the trawl to create an escape opening in the 
trawl, facing in the direction of the mouth of the trawl, no further 
forward than 12.5 ft (3.81 m) and

[[Page 27500]]

no less than 8.5 ft (2.59 m) from the codend tie-off rings. The Gulf 
fisheye may not be offset by more than 15 meshes perpendicular to the 
top center of the codend. This provides a broader range of allowable 
installation locations within the codend compared with the originally 
certified fisheye. Specifically, it allows for an offset of no more 
than 15 meshes perpendicular to top center (left or right) and allows 
for more forward placement in the codend--an alternative that appears 
to minimize shrimp loss while meeting the red snapper bycatch reduction 
criterion.
    The Jones-Davis BRD is a funnel type BRD. It incorporates the same 
basic design principle as the expanded mesh and the extended funnel 
BRDs that were certified for use in the South Atlantic EEZ only, except 
that the fish escape openings are created by cutting windows around the 
funnel rather than using large-mesh sections. The Jones-Davis BRD 
design also incorporates a webbing, cone fish deflector behind the 
funnel which acts as a fish stimulator, discouraging fish from passing 
into the aft portion of the codend and, thus, increasing fish bycatch 
reduction.
    Specifications for these BRDs are set forth in Appendix D to 50 CFR 
part 622. Information, including diagrams of the Gulf fisheye and 
Jones-Davis BRDs and construction and installation instructions, is 
also available to aid fishermen and gear manufacturers (see ADDRESSES).
    Certification of the Jones-Davis and Gulf fisheye BRDs provides 
Gulf shrimp trawlers three BRD options from which to choose. These 
options will allow shrimpers to select a BRD based on how it matches 
the operational conditions that their trawler encounters. This should 
enhance compliance, help minimize shrimp loss, and further increase 
bycatch reduction, thus contributing to further reduction in the 
overfishing of Gulf red snapper.
    NMFS finds that the timely regulatory action provided by this 
interim rule is necessary to reduce overfishing of red snapper in the 
Gulf of Mexico. NMFS issues this interim rule, effective for not more 
than 180 days, as authorized by section 305(c) of the Magnuson-Stevens 
Act. This interim rule may be extended for an additional 180 days, 
provided that the public has had an opportunity to comment on the 
interim rule. Public comments on this interim rule will be considered 
in determining whether to maintain or extend this rule to address 
overfishing of red snapper.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to enhance compliance with the 
BRD requirement for the Gulf shrimp fishery, improve effectiveness of 
bycatch reduction, and, thereby, reduce overfishing of red snapper in 
the Gulf of Mexico. The AA has also determined that this rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This interim rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553 or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable.
    NMFS prepared a regulatory impact review (RIR) that provides an 
estimate of the costs and benefits of this rule. The RIR notes that the 
only identifiable costs associated with this rule are administrative 
costs of rule preparation; this cost has been estimated at $5,000. This 
rule is expected to have positive effects on shrimp harvests and effort 
patterns because shrimpers will have the ability to choose among three 
BRD options instead of having to use the one BRD that was certified in 
Amendment 9. The positive effects will accrue because different 
shrimpers employ different harvesting tactics, pursue different shrimp 
species, operate in different geographical areas, and operate at 
varying times during the year. These differences in shrimp harvesting 
operations and conditions make it more efficient overall if a variety 
of BRDs are available. Over time, it is fully expected that a mix of 
available BRDs will be used to meet the BRD requirement. While the 
resulting benefits cannot be quantified, they may be fairly large. It 
is also expected that given the expanded choice of BRDs, compliance 
will be enhanced and the reduction in bycatch mortality will be 
increased relative to the status quo of a single BRD choice; therefore, 
there should be increased benefits to the red snapper fishery. Copies 
of the RIR are available (see ADDRESSES).
    This rule certifies the Jones-Davis and Gulf fisheye BRDs for use 
in the Gulf shrimp fishery, thereby providing shrimp trawlers 
flexibility in complying with the BRD requirement. This should enhance 
the compliance rate and reduce the bycatch mortality rate, and, thus, 
reduce the overfishing of Gulf red snapper. Accordingly, pursuant to 
authority set forth at 5 U.S.C. 553(b)(B), the AA finds that these 
reasons constitute good cause to waive the requirement to provide prior 
notice and the opportunity for prior public comment, as the delay 
associated with such procedures would be contrary to the public 
interest.
    Similarly, under 5 U.S.C. 553(d)(3), the Assistant Administrator 
finds for good cause that a 30-day delay in the effective date of this 
rule would be contrary to the public interest. This rule imposes no 
additional regulatory burden but does relieve a restriction by 
providing Gulf shrimp trawlers a choice of certified BRDs that may be 
used to comply with the BRD requirement that becomes effective on May 
14, 1998. To the extent that this rule relieves restrictions by 
providing a choice, it is not subject to a delay in effective date 
under 5 U.S.C. 553(d). This rule will be effective May 14, 1998, the 
implementation date of the BRD requirement.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 13, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. Effective May 14, 1998, through November 16, 1998, in 
Sec. 622.41, paragraph (h)(2) is suspended and paragraph (h)(3) is 
added to read as follows:


Sec. 622.41  Species specific limitations.

* * * * *
    (h) * * *
    (3) Certified BRDs. The following BRDs are certified for use by 
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs 
are contained in Appendix D to this part.
    (i) Fisheye
    (ii) Gulf fisheye.
    (iii) Jones-Davis.
    3. Effective May 14, 1998, through November 16, 1998, in Appendix D 
to part 622, paragraphs D and E are added to read as follows:

Appendix D to Part 622--Specifications for Certified BRDs

* * * * *
    D. Gulf fisheye.
    1. Description. The Gulf fisheye BRD is a cone-shaped rigid 
frame constructed from

[[Page 27501]]

aluminum or steel that is inserted into the top center of the 
codend, or is offset not more than 15 meshes perpendicular to the 
top center of the codend, to form an escape opening.
    2. Minimum Construction and Installation Requirements. The Gulf 
fisheye is a cone-shaped rigid frame constructed of aluminum or 
steel rods. The rods must be at least 1/4-inch (6.35-mm) diameter. 
Any dimension of the escape opening must be at least 5.0 inches 
(12.7 cm), and the total escape opening area must be at least 36.0 
in<SUP>2</SUP> (232.3 cm<SUP>2</SUP>). The Gulf fisheye must be 
installed in the codend of the trawl to create an escape opening in 
the trawl, facing in the direction of the mouth of the trawl, no 
further forward than 12.5 ft (3.81 m) and no less than 8.5 ft (2.59 
m) from the codend tie-off rings. The Gulf fisheye may not be offset 
more than 15 meshes perpendicular to the top center of the codend.
    E. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded 
mesh and the extended funnel BRDs except that the fish escape 
openings are windows cut around the funnel rather than large-mesh 
sections. In addition, a webbing cone fish deflector is installed 
behind the funnel.
    2. Minimum Construction and Installation Requirements. The 
Jones-Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1 5/8-inch (3.5-cm) stretch mesh number 30 
nylon 42 meshes by 120 meshes. A tube is formed from the extension 
webbing by sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be 
constructed of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) 
in length. The cable must be joined at its ends by a 3-inch (7.6-cm) 
piece of \1/2\-inch (1.3-cm) aluminum pipe and pressed with a 3/8-
inch (0.95-cm) die to form a hoop. The inside diameter of this hoop 
must be between 27 and 29 inches (68.6 and 73.7 cm). The hoop must 
be attached to the extension webbing 17 \1/2\ meshes behind the 
leading edge. The extension webbing must be quartered and attached 
in four places around the hoop, and every other mesh must be 
attached all the way around the hoop using number 24 twine or 
larger. The hoop must be laced with 3/8-inch (0.95-cm) polypropylene 
or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) cable hoop. A single hoop must be 
constructed of 3/8-inch (0.95-cm) steel cable 75 \1/2\ inches (191.8 
cm) in length. The cable must be joined at its ends by a 3-inch 
(7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe and pressed 
together with a 1/4-inch (0.64-cm) die to form a hoop. The inside 
diameter of this hoop must be between 23 and 25 inches (58.4 and 
63.4 cm). The hoop must be attached to the extension webbing 39 
meshes behind the leading edge. The extension webbing must be 
quartered and attached in four places around the hoop, and every 
other mesh must be attached all the way around the hoop using number 
24 twine or larger. The hoop must be laced with 3/8-inch (0.95-cm) 
polypropylene or polyethylene rope for chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 
1 \1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29 \1/2\ meshes on the leading edge by 23 meshes deep. The 
top and bottom sections are 29 \1/2\ meshes on the leading edge by 
23 meshes deep and tapered 1 point 2 bars on both sides down to 8 
meshes across the back. The four sections must be sewn together down 
the 23-mesh edge to form the funnel.
    (e) Attachment of the funnel in the webbing extension. The 
funnel must be installed two meshes behind the leading edge of the 
extension starting at the center seam of the extension and the 
center mesh of the funnel's top section leading edge. On the same 
row of meshes, the funnel must be sewn evenly all the way around the 
inside of the extension. The funnel's top and bottom back edges must 
be attached one mesh behind the 28-inch (71.1-cm) cable hoop (front 
hoop). Starting at the top center seam, the back edge of the top 
funnel section must be attached four meshes each side of the center. 
Counting around 60 meshes from the top center, the back edge of the 
bottom section must be attached 4 meshes on each side of the bottom 
center. Clearance between the side of the funnel and the 28-inch 
(71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 
cm) when measured in the hanging position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior 
edge of the turtle excluder device (TED) grid. The area of the 
escape opening must total at least 864 in<SUP>2</SUP> (5,574.2 
cm<SUP>2</SUP>). 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