Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations 13377

B. COVERED EMPLOYEES

Covered Employees

Employee Category

Number of

FHWA Covered Employees

Number of Employees Covered by More Than One DOT Operating

Administration

FAA FRA FTA RSPA USCG

Drivers

C. DRUG TESTING INFORMATION

Number of Specimens Collected and Verified Negative

Employee Category

Pre-Employment Random Post-Accident/

Non-Fatal

Post-Accident/

Fatal

Reasonable

Suspicion Return to Duty Follow-up

Coll Neg Coll Neg Coll Neg Coll Neg Coll Neg Coll Neg Coll Neg

Drivers

Number of drivers returned to duty during this reporting period who had a verified positive drug test or refused a drug test required

under the FHWA rule:

Employees who refused to submit to a drug test Number

Covered employees who refused to submit to a random drug test required under the FHWA regulation:

Covered employees who refused to submit to a non-random drug test required under the FHWA regulation:

Drug training/education Number

Supervisors who have received initial training on the specific contemporaneous physical, behavioral, and performance indicators

of probable drug use as required by FHWA drug testing regulations:

D. ALCOHOL TESTING INFORMATION

Number of alcohol screening tests conducted

Employee category Pre-employment Random

Post-Accident/nonfatal

Post-Accident/fatalReasonable

suspicion

Return to

duty Follow-up

Drivers

Number of drivers who engaged in alcohol misuse who were returned to duty in a covered position (having complied with the recommendations of a substance abuse professional as described in FHWA regulations):

Employees who refused to submit to an alcohol test Number

Covered employees who refused to submit to a random alcohol test required under the FHWA regulation:

Covered employees who refused to submit to a non-random alcohol test required under the FHWA regulation:

Alcohol training/education Number

Number of supervisors who have received initial training on the specific contemporaneous physical, behavioral, and performance

indicators of probable alcohol use as required by FHWA alcohol testing regulations:

[FR Doc. 95–6043 Filed 3–10–95; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 663

[Docket No. 950301063–5063–01; I.D.

032194D]

RIN 0648–AF38

Pacific Coast Groundfish Fishery; Gear

Modification

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: This final rule revises the

groundfish trawl regulations and

simplifies the marking requirements for

commercial vertical hook-and-line gear

that is closely tended in the Pacific

Coast Groundfish fishery. This rule

promotes the objectives of the Pacific

Coast Groundfish Fishery Management

Plan (FMP) by enhancing the

effectiveness of minimum mesh size

used in trawl gear, making trawl gear
13378 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations

requirements consistent for all bottom

trawl gear and less likely to be

circumvented, updating the regulations

to be more consistent with changes in

gear technology, and removing

unnecessary burdens on the industry.

EFFECTIVE DATES: September 8, 1995,

except § 663.22(c) is effective on March

13, 1995.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140;

or Rodney McInnis at 310–980–4040.

SUPPLEMENTARY INFORMATION: NMFS

issues this final rule, based on a

recommendation of the Pacific Fishery

Management Council (Council), under

the authority of the FMP and the

Magnuson Fishery Conservation and

Management Act (Magnuson Act). The

FMP provides a socioeconomic

framework procedure under which gear

regulations may be changed without

amending the FMP. A proposed rule

was published at 59 FR 40511 (August

9, 1994) requesting comments through

September 6, 1994, on changes to the

regulations for trawl gear and

commercial vertical hook-and-line gear

(also called Portuguese longline). Two

comments were received and are

addressed below.

Comment 1: One comment was

received from the American Factory

Trawler Association, which represents

at-sea processing vessels and the catcher

vessels that deliver to them. They were

concerned that prohibiting chafing gear

from encircling the net would also

prohibit the use of protective gear which

is needed under choker, transfer, and

lifting straps on the codends of pelagic

trawls. The straps are used to transfer

and lift a full codend onboard a vessel

and to empty it. Protective gear is

needed to cover the entire

circumference of the net under the

straps, because the straps will damage

any unprotected portion of the net they

contact.

Response: NMFS agrees that this type

of protective gear, which has been in

use for some time, was not meant to be

prohibited. The proposed rule for

pelagic trawls has been revised to allow

a band of mesh no wider than 16

meshes to encircle the net under

chokers, lifting straps or transfer cables,

but over riblines and restraining straps

that are attached to the net.

Comment 2: A fisherman using

Scottish seine gear to catch sanddabs off

California was concerned that the 4.5-

inch (11.5-cm) minimum mesh size

throughout the net would enable his

target species to escape. Most of the

mesh in his gear would satisfy the 4.5-

inch (11.5-cm) minimum mesh size—he

uses 4.5-inch (11.5-cm) mesh in the last

70 meshes of the net, and over 5-inch

(12.8-cm) mesh in the wings and behind

the footrope and headrope. However, he

needs smaller mesh in the intermediate

portion of the net. In his initial letter he

stated that he uses 3.5-inch (9.0-cm)

mesh in the intermediate portion of the

net. In a second letter, he explained that

he modified his gear and found that 4.0-

inch (10.3-cm) mesh in the intermediate

portion of the net could be used, but

that 4.5-inch (11.5-cm) mesh still

allowed sanddabs to escape.

Response: The requirement to apply

the minimum mesh size throughout the

net was proposed to enhance

escapement of juvenile fish, reduce

bycatch, make it impossible to reduce

mesh size by cinching off the codend,

and facilitate enforcement by using

consistent regulations for all bottom

trawls. The information provided by the

commenter does not justify changes to

the proposed rule. However, the

commenter may wish to supply

additional information to the Council in

support of his position and seek

modification of this final rule. He also

may submit an application for an

experimental fishing permit (EFP),

which enables fisheries to be conducted

that otherwise would be prohibited. If

the issue is found to warrant further

consideration, an EFP may be issued for

the purpose of gathering information to

determine if and how the regulation

should be changed. The Council then

could reconsider the appropriateness of

the minimum mesh size for Scottish

seine gear.

Changes or Clarifications to the

Proposed Rule

The only substantive change to the

rule is made as a result of comment #1,

described above. Several additional

clarifications and editorial changes also

have been made, which are consistent

with the rule as proposed. (1) The

corners of the terminal end of chafing

gear may be attached to the net

(§ 663.22(b)(3)). (2) The minimum mesh

size requirements in existing rules for

chafing gear no longer apply.

Escapement is provided for by limiting

chafing gear to only one-half the

circumference of the net. (3) Section

663.22(b)(5) is edited slightly to clarify

that the first 20 ft (6.15 m) of pelagic

trawls must be bare rope or net with a

minimum mesh size of 16-inches (40.6-

cms), or any combination of bare rope

and 16-inch (40.6-cm) mesh. (4) The

type of identification needed to mark

fixed gear is clarified. (5) The

description of authorized fishing gear at

§ 663.22(a) is clarified to explain that

‘‘set net’’ includes anchored gillnet or

trammel net.

Summary of the Final Rule

The text of the final rule is

summarized below, incorporating the

above changes. Additional background

and rationale are found in the proposed

rule and Environmental Assessment

(EA) prepared for this action.

1. Apply the trawl minimum mesh

size throughout the net. Currently, the

minimum mesh size applies to the last

50 meshes of the trawl net. This final

rule applies the minimum mesh size

requirements throughout the net. This is

intended to eliminate the practice of

tying off the net in front of the last 50

meshes above which smaller mesh

could be used legally.

2. Remove the legal distinction

between bottom and roller trawls and

the requirement for continuous riblines.

Once the minimum mesh size became

identical for bottom and roller trawls in

May 1992 (57 FR 12212, April 9, 1992),

there was no longer a need to

distinguish between the two in the

regulations. This rule also eliminates

the requirement for continuous riblines

to be sewn to bottom and roller trawls,

if the vessel has onboard a net with less

than 4.5-inch (11.43-cm) mesh.

3. Clarify the distinction between

bottom and pelagic (midwater) trawls.

Current pelagic-trawl requirements state

that the footrope at the trawl mouth

must be unprotected and that

sweeplines, including the bottom of the

bridle, must be bare.

This rule adds two requirements to

discourage dragging small-mesh pelagic

trawls on the sea floor by making the

nets more fragile. First, rollers, bobbins,

tires, discs, or any other similar device

used to protect the net from the sea floor

may not be used anywhere in the net.

Second, for at least 20 ft (6.15 m)

immediately behind the footrope or

headrope of the net, bare ropes or 16-

inch (40.6-cm) minimum mesh must

encircle the net.

4. Modify chafing gear requirements.

Chafing gear is webbing or other

material attached to a trawl net to

protect the net from wear, particularly

the codend as it scrapes the sea floor or

slides onto the vessel. If attached in

certain ways, chafing gear could reduce

the effective mesh size by compressing

or covering the webbing. The current

regulations require that: Chafing gear

not be connected directly to the

terminal end of the net; in bottom

trawls, chafing gear have a minimum

mesh size of 15 inches (38.1 cm) unless

only the bottom half of the codend is

covered; and in roller trawls in the

Vancouver, Columbia, and Eureka

subareas, and in pelagic trawls in all

subareas, chafing gear covering the
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations 13379

upper one-half of the codend must have

a minimum mesh size of 6 inches (15.24

cm). These provisions are changed to

provide the necessary gear protection

without unduly impeding escapement

of fish through the webbing, and to be

consistent with changes in the

technology and requirements for bottom

and roller trawls. This rule provides

that: (a) Chafing gear may cover no more

than 50 percent of the circumference of

the net, except for 16-mesh ‘‘skirts’’

(designed to protect the underlying gear)

under the lifting or splitting straps

(chokers), or the transfer cables on

pelagic trawls; (b) no section of chafing

gear may be longer than 50 meshes of

the net to which it is attached; (c) except

at its corners, the terminal end of each

section of chafing gear must not be

connected to the net; (d) chafing gear

must be attached outside any riblines or

restraining straps; and (e) there is no

limit on the number of sections of

chafing gear that may be used. This rule

removes the minimum mesh size

requirements applicable to chafing gear.

5. Modify marking requirements for

commercial vertical hook-and-line gear.

Current marking requirements required

for fixed gear (pole, flag, light, radar

reflector, and buoy) were found to be a

burden for vessels closely tending their

commercial vertical hook-and-line gear.

Although the gear is anchored, it is

lightweight and can be dragged by

prevailing winds and currents. Also, the

cost of the radar reflector, lights, and

buoys is substantial in comparison to

the cost of the gear itself. Since most

vessels using this gear stay in the

immediate vicinity of the gear, tending

the lines frequently, there appears to be

less need for such extensive marking

requirements. This rule relaxes the

marking requirement for commercial

vertical hook-and-line gear that is

closely tended by requiring only a single

buoy clearly identifying the vessel’s

owner or operator.

6. Correct a mesh definition.

Reference to double-ply mesh at 50 CFR

663.2 is changed to ‘‘double-bar mesh’’.

Ply refers to the number of strands

twisted together to make twine. The

regulation was intended to mean two

lengths of twine tied together in one

knot, or ‘‘double-bar’’ mesh.

For the reasons stated above and in

the proposed rule at 59 FR 40511

(August 9, 1994), NMFS concurs with

the Council’s recommendations and

herein announces the final rule.

Classification

This final rule is published under

authority of the Magnuson Act, 16

U.S.C. 1801 et seq. The Assistant

Administrator for Fisheries, NOAA,

(Assistant Administrator), has

determined that it is necessary for

management of the Pacific Coast

groundfish fishery and that it is

consistent with the Magnuson Act and

other applicable law.

The Council prepared an EA for this

rule (contained in the EA/Regulatory

Impact Review) and the Assistant

Administrator concluded that there

would be no significant impact on the

environment.

This rule has been determined to be

not significant for purposes of E.O.

12866.

Under section 553(d)(1) of the

Administrative Procedure Act, the

change to the fixed gear-marking

requirements at 50 CFR 663.22(c) is

made effective upon publication in the

Federal Register because it relieves a

restriction on commercial vertical hookand-line fishermen who closely tend

their gear. In contrast, changes to the

definitions and trawl gear requirements

at 50 CFR 663.2 and 663.22(a) and (b)

are effective 6 months after filing with

the Office of the Federal Register to

allow time for fishermen to modify gear

to comply with these new requirements.

The Council recommended, and the

Assistant Administrator agrees, that this

6-month delay in effectiveness reduces

the economic burden on the industry by

enabling it to replace at least some of its

gear after it is worn out rather than

requiring an immediate and abrupt

change to all trawl nets.

List of Subjects in 50 CFR Part 663

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: March 7, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 663 is amended

as follows:

PART 663—PACIFIC COAST

GROUNDFISH FISHERY

1. The authority citation for part 663

continues to read as follows:

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

2. Section 663.2 is amending the

definition for ‘‘Commercial fishing’’ by

redesignating paragraphs (a) and (b) as

paragraphs (1) and (2) respectively, and

amending the definition for ‘‘Fishing

gear’’ by redesignating paragraphs (a)

through (w) as paragraphs (1) through

(23), respectively and by revising newly

redesignated paragraphs (1) through (3),

(6), (14), (16), and (18) to read as

follows:

§ 663.2 Definitions.

* * * * *

Fishing gear:

(1) Bobbin trawl means the same as a

roller trawl, and is a type of bottom

trawl.

(2) Bottom trawl means a trawl in

which the otter boards or the footrope

of the net are in contact with the seabed.

It includes roller (or bobbin) trawls and

Danish and Scottish seine gear. It also

includes pair trawls fished on the

bottom. Any trawl not meeting the

requirements for pelagic trawls at

§ 663.22(b)(6) is a bottom trawl.

(3) Chafing gear means webbing or

other material attached to the codend of

a trawl net to protect the codend from

wear.

* * * * *

(6) Double-bar mesh means two

lengths of twine tied into a single knot.

* * * * *

(14) Pelagic (midwater or off-bottom)

trawl means a trawl in which the otter

boards may be in contact with the

seabed but the footrope of the net

remains above the seabed. It includes

pair trawls if fished in midwater. A

pelagic trawl has no rollers or bobbins

on the net.

* * * * *

(16) Roller trawl (bobbin trawl) means

a trawl with footropes equipped with

rollers or bobbins made of wood, steel,

rubber, plastic, or other hard material

that keep the footrope above the seabed,

thereby protecting the net. A roller trawl

is a type of bottom trawl.

* * * * *

(18) Single-walled codend means a

codend constructed of a single wall of

webbing knitted with single or doublebar mesh.

* * * * *

3. In § 663.22, paragraphs (a), (b)(2)

through (b)(4), and (c) are revised;

paragraph (b)(5) is removed; and

paragraph (b)(6) is redesignated as

paragraph (b)(5) and revised to read as

follows:

§ 663.22 Gear restrictions.

(a) General. The following types of

fishing gear are authorized, with the

restrictions set forth in this section:

trawl (bottom and pelagic), hook-andline, longline, pot or trap, set net

(anchored gillnet or trammel net), and

spear.

(b) * * *

(2) Mesh size. Trawl nets may be used

if they meet the minimum mesh sizes

set forth below. The minimum sizes

apply throughout the net. Minimum

trawl mesh size requirements are met if

a 20-gauge stainless steel wedge, 3.0 or

4.5 inches (7.6 or 11.4 cm) (depending
13380 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations

on the gear being measured) less one

thickness of the metal wedge, can be

passed with only thumb pressure

through at least 16 of 20 sets of two

meshes each of wet mesh.

MINIMUM TRAWL-MESH SIZE

[In Inches]1

Subarea

Trawl Type Vancouver Columbia Eureka Monterey Conception

Bottom ...................................................................................................... 4.5 4.5 4.5 4.5 4.5

Pelagic ...................................................................................................... 3.0 3.0 3.0 3.0 3.0

1 Metric conversion: 3.0 inches = 7.6 centimeters; 4.5 inches = 11.4 centimeters.

(3) Chafing gear. Chafing gear may

encircle no more than 50 percent of the

net’s circumference, except as provided

in paragraph (b)(5) of this section. No

section of chafing gear may be longer

than 50 meshes of the net to which it

is attached. Except at the corners, the

terminal end of each section of chafing

gear must not be connected to the net.

(The terminal end is the end farthest

from the mouth of the net.) Chafing gear

must be attached outside any riblines

and restraining straps. There is no limit

on the number of sections of chafing

gear on a net.

(4) Codends. Only single-walled

codends may be used in any trawl.

Double-walled codends are prohibited.

(5) Pelagic trawls. Pelagic trawl nets

must have unprotected footropes at the

trawl mouth, and must not have rollers,

bobbins, tires, wheels, rubber discs, or

any similar device anywhere in the net.

Sweeplines, including the bottom leg of

the bridle, must be bare. For at least 20

ft (6.15 m) immediately behind the

footrope or headrope, bare ropes or

mesh of 16-inch (40.6-cm) minimum

mesh size must completely encircle the

net. A band of mesh (a ‘‘skirt’’) may

encircle the net under transfer cables,

lifting or splitting straps (chokers), but

must be: over riblines and restraining

straps; the same mesh size and coincide

knot-to-knot with the net to which it is

attached; and no wider than 16 meshes.

(c) Fixed gear. (1) Fixed gear

(longline, trap or pot, set net, and

stationary hook-and-line gear, including

commercial vertical hook-and-line gear)

must be:

(i) Marked at the surface, at each

terminal end, with a pole, flag, light,

radar reflector, and a buoy except as

provided in paragraph (c)(2) of this

section; and

(ii) Attended at least once every 7

days.

(2) Commercial vertical hook-and-line

gear that is closely tended may be

marked only with a single buoy of

sufficient size to float the gear. ‘‘Closely

tended’’ means that a vessel is within

visual sighting distance or within 1⁄4

nautical mile (463 m) as determined by

electronic navigational equipment, of its

commercial vertical hook-and-line gear.

(3) A buoy used to mark fixed gear

under paragraph (c)(1)(i) or paragraph

(c)(2) of this section must be marked

with a number clearly identifying the

owner or operator of the vessel. The

number may be either:

(i) If required by applicable state law,

the vessel’s number, the commercial

fishing license number, or buoy brand

number; or

(ii) The vessel documentation number

issued by the U.S. Coast Guard, or, for

an undocumented vessel, the vessel

registration number issued by the state.

* * * * *

[FR Doc. 95–6044 Filed 3–8–95; 9:30 am]

BILLING CODE 3510–22–P

50 CFR Part 681

[Docket No. 950224060–5060–01; I.D.

021395A]

RIN 0648–AH85

Western Pacific Crustacean Fisheries;

1995 Quota

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: 1995 final quota for crustaceans;

request for comments.

SUMMARY: NMFS announces a 1995

quota of zero lobsters for the

Northwestern Hawaiian Islands (NWHI)

crustacean fishery. This action is

necessary to ensure protection and

conservation of lobsters in this fishery.

Also, fishermen who wish to participate

in an Experimental Fishing Program in

this fishery during 1995 are encouraged

to contact the Director, Southwest

Region, NMFS (Regional Director). The

purpose of any experimental fishery

would be to allow for a precisely

controlled harvest designed to acquire

data for assessing the status of the spiny

and slipper lobster stocks.

DATES: Effective July 1, 1995. Comments

are invited until April 12, 1995.

ADDRESSES: Comments about this notice

and requests for information about the

Experimental Fishing Program should

be sent to Hilda Diaz-Soltero, Regional

Director, Southwest Region, NMFS, 501

West Ocean Boulevard, Suite 4200,

Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

Svein Fougner, 310–980–4034; or Alvin

Z. Katekaru, 808–973–2985.

SUPPLEMENTARY INFORMATION: The

crustacean fisheries of the NWHI are

managed by NMFS according to the

Fishery Management Plan for the

Crustacean Fisheries of the Western

Pacific Region (FMP), which was

prepared by the Western Pacific Fishery

Management Council (Council) under

the authority of the Magnuson Fishery

Conservation and Management Act.

Regulations affecting this fishery appear

at 50 CFR part 681.

Ordinarily, an annual quota for the

NWHI crustacean fishery is announced

in two steps. First, based on previous

years’ fishery data, sampling during

research cruises, and other available

data, the Regional Director determines

an initial quota, which is announced in

the Federal Register, usually in

February each year. Next, a final quota

is announced as soon as possible on or

after August 15 of the fishing year. The

final quota is based on actual

commercial fisheries data collected

during the first month of fishing, which

begins July 1 (when there is a quota).

A substantial decrease in lobster

landings and catch-per unit-of-effort

(CPUE) in 1990 raised concern that

fishing effort was excessive. Low lobster

CPUE continued into the early part of

1991, prompting an emergency closure

of the fishery from May through

November 1991.

Amendment 7 to the FMP, which was

approved by NMFS in February 1992,

created an annual 6-month closed

season and an adjustable annual fleet