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DOC/NOAA

RIN: 0648-AX20

Publication ID: Fall 2008

Title: ●Modification to the Requirements for Chain-Mat Modified Dredges in the Atlantic Sea Scallop Fishery
Abstract: The use of chain-modified dredge gear is required in the Atlantic sea scallop fishery south of 41º 9 N latitude from May 1 through November 30 each year to help conserve and recover sea turtles. This rule proposes to: (1) Further define where on the dredge the horizontal and vertical chains comprising the chain mat should be hung; (2) exclude the sweep from the requirement to be 14 inches (35.5 cm) or less per side; and (3) add a definition of the sweep. First, this action is necessary to clarify further where on the dredge the chain-mat must be hung. This proposed rule would clarify that the chain mat must cover the opening of the dredge bag and that the vertical chains must extend from the cutting bar to the sweep. This change is necessary to ensure that fishermen fully understand how the gear is to be configured. Second, this rule proposes to exclude the sweep from the requirement that each side of the openings formed by the intersecting chains be less than or equal to 14 inches (35.5 cm). For those openings adjacent to the sweep, one side of the opening will be created by the sweep chain. Under the current requirements, the length of the side created by the sweep chain must be 14 inches or less. However, NERO has re-examined this requirement and has found that except in rare cases, the openings along the sweep will be smaller (even if the side created by the sweep exceeds 14 inches) than openings created by a 14 inch by 14 inch square, the maximum opening allowed throughout the chain mat. This rule proposes to exclude the sweep from the 14-inch requirement. Given that, except in rare circumstances, the openings adjacent to the sweep are smaller than the maximum opening allowed throughout the chain mat, this change would not affect, to any measurable degree, the conservation benefit to sea turtles achieved with the chain-mat modified dredge gear. Third, this rule proposes to add a definition of the sweep to the regulations. This definition is necessary, as the change described above would specifically exclude the sweep from the 14-inch requirement.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 223
Legal Authority: 16 USC 1531 to 1543 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	12/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: James H. Lecky Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 713-2332 Fax:301 427-2520 Email: jim.lecky@noaa.gov