[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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