[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Rules and Regulations]
[Page 28762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12388]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907021105-0024-03]
RIN 0648-AY00


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 10; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On March 11, 2010, a final rule to implement Amendment 10 to 
the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management 
Plan (FMP) was published in the Federal Register. The regulatory text 
specifying gear restrictions did not reflect the increase in the 
minimum mesh size requirement for net strengtheners in the Loligo 
fishery from 4 \1/2\ inches (11.43 cm) to 5 inches (12.7 cm) that was 
enacted in the MSB specifications and management measures for the 2010 
fishing year. This document corrects that error.

DATES: Effective September 13, 2010.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fisheries Management 
Specialist, (978) 675-2179, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 2010 (75 FR 11441), a final rule was published 
implementing Amendment 10 to the MSB FMP (Amendment 10). Amendment 10 
increased the minimum codend mesh size requirement for the Loligo squid 
(Loligo) fishery, established a butterfish rebuilding program with a 
butterfish mortality cap for the Loligo fishery, established a 72-hr 
trip notification requirement for the Loligo fishery, and required an 
annual assessment of the butterfish rebuilding program by the Council's 
Scientific and Statistical Committee (SSC). The regulatory text 
specifying gear restrictions (Sec.  648.23) did not reflect the 
increase in the minimum mesh sizes requirement for net strengtheners in 
the Loligo fishery from 4 \1/2\ inches (11.43 cm) to 5 inches (12.7 cm) 
that was implemented in the final MSB specifications and management 
measures for the 2010 fishing year (February 3, 2010, 75 FR 5537), and 
becomes effective on September 13, 2010. This document corrects this 
error.

Correction

    Accordingly, the final rule, published on March 11, 2010, at 75 FR 
11441, is corrected as follows:
    1. On page 11450, beginning in column 2, Sec.  648.23 (a)(3)(i) is 
correctly revised to read as follows:


Sec.  648.23  Gear restrictions.

    (a) * * *
    (3) * * *
    (i) Net obstruction or constriction. Owners or operators of otter 
trawl vessels fishing for and/or possessing Loligo shall not use any 
device, gear, or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net that results in an effective mesh 
opening of less than 2\1/8\ inches (54 mm), during Trimesters I (Jan-
Apr) and III (Sept-Dec), or 1\7/8\ inches (48 mm), during Trimester II 
(May-Aug), diamond mesh, inside stretch measure. ``Top of the regulated 
portion of the net'' means the 50 percent of the entire regulated 
portion of the net that would not be in contact with the ocean bottom 
if, during a tow, the regulated portion of the net were laid flat on 
the ocean floor. However, owners or operators of otter trawl vessels 
fishing for and/or possessing Loligo may use net strengtheners 
(covers), splitting straps, and/or bull ropes or wire around the entire 
circumference of the codend, provided they do not have a mesh opening 
of less than 5 inches (12.7 cm) diamond mesh, inside stretch measure. 
For the purposes of this requirement, head ropes are not to be 
considered part of the top of the regulated portion of a trawl net.
* * * * *

    Dated: May 18, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries, National Marine Fisheries 
Service
[FR Doc. 2010-12388 Filed 5-21-10; 8:45 am]
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