Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 30799-30803 [2014-11901]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
*
*
*
*
*
Dated: May 21, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–12501 Filed 5–28–14; 8:45 am]
BILLING CODE 4310–55–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140128077–4375–01]
RIN 0648–BD93
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
At the request of the New
England Fishery Management Council,
this action would add a new method for
on-reel trawl gear stowage when fishing
vessels are transiting closed areas or
fishing in areas with mesh size
restrictions. Specifically, this action
proposes to allow the use of a highly
visible orange mesh material, in
addition to the current requirement to
use a tarp or similar canvas material. In
addition, this action would remove the
requirement to detach the towing wires
from the doors for all on-reel gear
stowage. Finally, to help streamline the
gear stowage requirements, this action
also proposes to reorganize the current
gear stowage regulations. This action
would be implemented under authority
delegated to the NMFS Regional
Administrator, at the request of the
Council. This action is intended to
improve safety of fishing operations
while at sea.
DATES: Comments must be received on
this action by June 30, 2014.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2014–0018,
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140018, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
emcdonald on DSK67QTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
17:33 May 28, 2014
Jkt 232001
• Mail: John K. Bullard, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
Gear Stowage.’’
Instructions: All comments received
are part of the public record and will
generally be posted to
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted via
Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281–9177.
SUPPLEMENTARY INFORMATION:
Background
The current trawl gear stowage
regulations, at 50 CFR 648.23(b), require
that trawl gear being stowed on the net
reel be covered with a ‘‘canvas or
similar opaque material’’ when
transiting closed areas and areas with
mesh size restrictions. The industry
typically uses a commonly available
opaque plastic tarp to meet this
requirement, which is intended to help
facilitate enforcement. However,
industry has raised two safety concerns
with this requirement. First, the tarps
most frequently used have very few
places where a rope or similar material
can be attached to assist in pulling the
tarp over the net reel. As a result, crew
members at sea often have to climb or
stand on the net reel or surrounding
parts of the vessel to successfully cover
the reel. This creates a safety concern
for crew members who may slip or fall
and injure themselves or others. In
addition, because the tarps are nonporous, they catch wind, similar to a
sail, adding to the difficulty of covering
the net reel and increasing the safety
risks.
As a result of these safety concerns,
the New England Fishery Management
Council’s Enforcement Committee has
been working with the fishing industry
and the United States Coast Guard
(USCG) to develop an alternative to the
tarp requirement for stowing trawl nets
on the reel. Through public workshops
and at-sea trials, the industry, USCG,
and NOAA’s National Marine Fisheries
Service (NMFS) developed an orange
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
30799
mesh material as a safer alternative to
the current tarp requirement. At its
September 2013 meeting, the Council
approved a motion requesting that the
Regional Administrator implement two
new trawl gear stowage methods and
modify one provision of the existing
methods. This action proposes to add a
provision to allow the use of a highly
visible orange mesh material, as an
alternative to the current requirement to
use a tarp or similar canvas material.
This action would be implemented
under authority delegated to the NMFS
Regional Administrator at § 648.23(b)(5),
at the request of the Council.
In addition, when considering this
revision to the gear stowage regulations,
the Committee examined whether the
current requirement that the ‘‘towing
wires are detached from the doors’’ also
presents safety concerns. When trawl
gear is being stowed, detaching the
wires leaves the doors unsecured and
swinging freely, which can result in
damage to the vessel. This is
particularly problematic for smaller
fiberglass vessels. If the wires were
allowed to remain attached to the doors,
the doors could be held securely in
place, preventing them from moving
and causing damage to the vessel or
injuring crew. The Committee, with
concurrence from the USCG and NMFS
Office of Law Enforcement, concluded
that this measure is no longer needed to
conduct enforcement and, as such,
recommends this measure be removed
from the regulations pertaining to all onreel gear stowage requirements.
As a result, the new stowage method
would not include the requirement to
remove the towing wires from the doors
for all on-reel trawl gear stowage
methods where it currently applies.
NMFS is also taking this opportunity
under its authority at section 305(d) of
the Magnuson-Stevens Fishery
Conservation and Management Act to
reorganize the current gear stowage
regulations. Currently, all Northeast
region gear stowage regulations reside
under the Atlantic mackerel, squid, and
butterfish (MSB) regulations at subpart
B of 50 CFR part 648. The gear stowage
regulations were originally
implemented in Amendment 1 to the
Northeast Multispecies Fishery
Management Plan as part of the
exempted fishing programs. These
regulations were subsequently
expanded and modified a number of
times. In 1996, NMFS undertook a
comprehensive reorganization of fishery
regulations in response to a Presidential
directive. As a result, the gear stowage
regulations that had previously been
part of the Northeast multispecies
regulations were moved to the MSB
E:\FR\FM\29MYP1.SGM
29MYP1
30800
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
regulations. While there is not
information available as to exactly why
this move occurred, it is likely because
the MSB fisheries constitute a large
majority of the small-mesh fisheries,
which were the original reason for
implementing the gear stowage
regulations.
Consequently, when considering
updating or revising the gear stowage
regulations for fisheries other than MSB,
the rulemaking process is unnecessarily
complex and challenging, since these
regulations are in the MSB regulations,
but in fact are referenced by several
other fisheries. To help streamline the
regulations and to assist in making
future adjustments to these regulations,
NMFS is proposing to move the entirety
of the gear stowage regulations at
§ 648.23(b) to the definitions section of
subpart A at § 648.2. The way the
regulations are currently organized can
be interpreted that gear stowage
regulations are specific to MSB, when in
fact they apply to several fisheries. This
change would clarify that these
regulations apply to numerous fisheries
and not just MSB. The current
organization of these regulations also
causes confusion with the Council
process, since the regulations are within
a section of the regulations managed by
the Mid-Atlantic Council, but they
actually apply to several fisheries,
including fisheries managed by the New
England Council. This change would
make it clear that the gear stowage
regulations apply to numerous fisheries,
thus affecting fisheries managed by both
Councils. Although this is outside of the
request of the Council, this restructuring
would not directly affect fisheries
operations and would better organize
the regulations. As such, this change
would be beneficial to fisheries, future
policy development, and Council
proceedings.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries,
NOAA, has determined that this
proposed rule is consistent with the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
VerDate Mar<15>2010
16:51 May 28, 2014
Jkt 232001
entities. The factual basis for this
certification is as follows.
The proposed measures would affect
Federal permit holders that use trawl
gear. In 2013, there were 468 Federal
permit holders that reported using trawl
gear. All of these permit holders fall
within the SBA’s definition of a small
business because each permit holder has
annual receipts that do not exceed $19.0
million. The primary fisheries affected
would be the Northeast multispecies,
including small-mesh multispecies,
herring, squid, mackerel, butterfish,
summer flounder, scup, and black sea
bass fisheries.
This action would allow for
additional methods of stowing trawl
gear on the net reel to provide the
industry with more flexibility and to
help increase safety at sea. This action
would not directly impact fisheries
operations or the marine environment.
This action would provide the
opportunity to use a new gear stowage
method: a mesh type material that could
be used in lieu of the current
requirement to use an opaque canvas
type material. Based on industry input,
testing, and at sea trials, a mesh type
material would be easier and safer to
work with than the current opaque
canvas requirement. As a result, this
action could increase safety at sea and
vessel efficiency, thus potentially
reducing vessel operating costs.
Initially, converting from the current
opaque canvas material to a mesh-like
material could require an investment by
the vessel operator; however, the mesh
type materials that were tested are
readily available with relatively low
cost, commonly available for less than
$100. In addition, this new storage
method would not be required, but
would merely provide a new gear
stowage option as an alternative to the
current method. As such, vessels could
continue to use the current opaque
canvas method and would not be
required to purchase a new material or
other equipment. As such, vessels that
continued to use the current opaque
material would incur no additional
expenses. Therefore, because this action
only proposes a new gear stowage
option, and because no net change in
fishing effort, participation in the
fishery, or fishery expenses is expected,
this action will not have a significant
economic effect on a substantial number
of small entities. As a result, an initial
regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
Dated: May 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, add definition for ‘‘not
available for immediate use’’ to read as
follows:
■
§ 648.2
Definitions.
*
*
*
*
*
Not available for immediate use
means that the gear is not being used for
fishing and is stowed in conformance
with one of the following methods:
(1) Nets—(i) Below-deck stowage. (A)
The net is stored below the main
working deck from which it is deployed
and retrieved;
(B) The towing wires, including the
leg wires, are detached from the net; and
(C) The net is fan-folded (flaked) and
bound around its circumference.
(ii) On-deck stowage. (A) The net is
fan-folded (flaked) and bound around its
circumference;
(B) The net is securely fastened to the
deck or rail of the vessel; and
(C) The towing wires, including the
leg wires, are detached from the net.
(iii) On-reel stowage. (A) The net is on
the net reel;
(B) The towing wires are detached
from the net;
(C) The codend of the net is removed
from the net and stored below deck; and
(D) The entire surface of the net is
covered and securely bound by:
(1) Canvas of other similar opaque
material; or
(2) A highly visible orange mesh
material that is not capable of catching
fish or being utilized as fishing gear.
Highly visible orange mesh includes but
is not limited to the orange fence
material commonly used to enclose
construction sites.
(iv) On-reel stowage for vessels
transiting the Gulf of Maine Rolling
Closure Areas and the Georges Bank
Seasonal Closure Area.
(A) If a vessel is transiting the Gulf of
Maine Rolling Closure Areas and the
Georges Bank Seasonal Closure Area,
not available for immediate use also
means, the net is on the net reel;
(B) No containment rope, codend
tripping device, or other mechanism to
E:\FR\FM\29MYP1.SGM
29MYP1
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
close off the codend is attached to the
codend;
(C) The entire surface of the net is
covered and securely bound by:
(1) Canvas of other similar opaque
material; or
(2) A highly visible orange mesh
material that is not capable of catching
fish or being utilized as fishing gear.
Highly visible orange mesh includes but
is not limited to the orange fence
material commonly used to enclose
construction sites.
(2) Scallop dredges. (i) The towing
wire is detached from the scallop
dredge, the towing wire is completely
reeled up onto the winch, the dredge is
secured, and the dredge or the winch is
covered so that it is rendered unusable
for fishing; or
(ii) The towing wire is detached from
the dredge and attached to a bright-
colored poly ball no less than 24 inches
(60.9 cm) in diameter, with the towing
wire left in its normal operating position
(through the various blocks) and either
is wound back to the first block (in the
gallows) or is suspended at the end of
the lifting block where its retrieval does
not present a hazard to the crew and
where it is readily visible from above.
(3) Hook gear (other than pelagic). All
anchors and buoys are secured and all
hook gear, including jigging machines,
is covered.
(4) Sink gillnet gear. All nets are
covered with canvas or other similar
material and lashed or otherwise
securely fastened to the deck or rail, and
all buoys larger than 6 inches (15.24 cm)
in diameter, high flyers, and anchors are
disconnected.
30801
(5) Other methods of stowage. Any
other method of stowage authorized in
writing by the Regional Administrator
and subsequently published in the
Federal Register.
*
*
*
*
*
§§ 648.13, 648.14, 648.17, 648.23,
648.51, 648.58, 648.59, 648.60, 648.61,
648.62, 648.80, 648.81, 648.82, 648.85,
648.86, 648.88, 648.89, 648.90, 648.91,
648.94, 648.95, 648.108, 648.124,
648.125, 648.144, 648.201 and 648.202
[Amended]
3. In the table below, for each section
indicated in the left column, remove the
reference in the middle column from
wherever it appears in the section and
add the text indicated in the right
column.
■
Section
Remove
Add
§ 648.13(i)(2)(ix) ...................................
in accordance with § 648.23(b)(1); ..........................
§ 648.14(g)(2)(iii)(A) .............................
in accordance with § 648.23(b) ...............................
§ 648.14(i)(1)(vi)(B) ..............................
§ 648.14(k)(5)(ii) ...................................
unavailable for immediate use as defined in
§ 648.23(b),.
unavailable for immediate use as defined in
§ 648.23(b),.
unavailable for immediate use as defined in
§ 648.23(b),.
in accordance with § 648.23(b) ...............................
§ 648.14(k)(5)(vi)(B) .............................
stowage requirements of § 648.23(b), ....................
§ 648.14(k)(5)(vii)(B) .............................
stowage requirements of § 648.23(b), ....................
§ 648.14(k)(6)(i)(E) ...............................
in accordance with § 648.23(b), ..............................
§ 648.14(k)(13)(ii)(G) ............................
in accordance with § 648.23(b) ...............................
§ 648.14(r)(1)(vi)(C) ..............................
§ 648.14(r)(1)(vi)(F) ..............................
§ 648.14(r)(1)(vii)(A) .............................
as required by § 648.23(b) ......................................
as required by § 648.23(b) ......................................
is stowed as specified by § 648.23(b) .....................
§ 648.14(r)(1)(vii)(D) .............................
as required by § 648.23(b) ......................................
§ 648.17(b)(3) .......................................
one of the applicable methods specified in
§ 648.23(b);.
they are fishing consistent with exceptions specified in paragraph (b) of this section.
as specified in paragraph (b) of this section. .........
and not available for immediate use as defined in
§ 648.2;
and not available for immediate use as defined in
§ 648.2
not available for immediate use as defined in
§ 648.2,
not available for immediate use as defined in
§ 648.2,
not available for immediate use as defined in
§ 648.2,
and not available for immediate use as defined in
§ 648.2
definition of not available for immediate use as defined in § 648.2,
definition of not available for immediate use as defined in § 648.2,
and not available for immediate use as defined in
§ 648.2,
with gear stowed and not available for immediate
use as defined in § 648.2
as defined in § 648.2
as defined in § 648.2
is not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
the definition of not available for immediate use as
defined in § 648.2;
their gear is stowed and not available for immediate use as defined in § 648.2
and not available for immediate use as defined in
§ 648.2
§ 648.2
defined in § 648.2,
and not available for immediate use as defined in
§ 648.2
stowed and not available for immediate use as defined in § 648.2,
and not available for immediate use as defined in
§ 648.2.
and not available for immediate use as defined in
§ 648.2.
and not available for immediate use as defined in
§ 648.2,
and not available for immediate use as defined in
§ 648.2.
and not available for immediate use as defined in
§ 648.2,
§ 648.14(i)(2)(v)(C) ...............................
§ 648.14(i)(3)(iv)(C) ..............................
§ 648.23(a)(2) .......................................
§ 648.23(a)(2)(ii) ...................................
§ 648.23(a)(3) .......................................
§ 648.51(a)(1) .......................................
§ 648.51(b)(5)(ii)(C) ..............................
§ 648.59(f) ............................................
paragraph (b) of this section ...................................
specified in § 648.23, ..............................................
in accordance with § 648.23(b) and not available
for immediate use.
unavailable for immediate use as defined in
§ 648.23(b),.
in accordance with § 648.23(b). ..............................
§ 648.60(a)(4) .......................................
in accordance with § 648.23(b). ..............................
§ 648.60(a)(7) .......................................
in accordance with § 648.23(b), ..............................
§ 648.61(b) ...........................................
in accordance with the provisions of § 648.23(b). ..
§ 648.62(b)(2) .......................................
in accordance with § 648.23(b), ..............................
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 648.58(c) ...........................................
VerDate Mar<15>2010
16:51 May 28, 2014
Jkt 232001
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
E:\FR\FM\29MYP1.SGM
29MYP1
30802
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
Section
Remove
Add
§ 648.80(a)(3)(vi) ..................................
as specified in § 648.23(b). .....................................
§ 648.80(a)(4)(i) ....................................
§ 648.80(a)(4)(ii) ...................................
§ 648.80(a)(4)(iii) ..................................
§ 648.80(a)(4)(iv) ..................................
§ 648.80(a)(4)(iv)(B)(2)
introductory
text.
in accordance with § 648.23(b), ..............................
in accordance with § 648.23(b), ..............................
in accordance with § 648.23(b), ..............................
in accordance with § 648.23(b), ..............................
Such vessels, in accordance with § 648.23(b), may
stow additional nets not to exceed 150, counting
the deployed net.
§ 648.80(a)(6)(i)(E) ...............................
in accordance with one of the methods specified
in § 648.23(b).
in accordance with one of the methods specified
in § 648.23(b).
in accordance with one of the methods specified
in § 648.23(b).
in accordance with one of the methods specified
in § 648.23(b).
unavailable for immediate use in accordance with
§ 648.23(b).
in accordance with § 648.23(b), ..............................
in accordance with § 648.23(b), ..............................
in accordance with § 648.23(b) ...............................
in accordance with § 648.23(b), ..............................
Such vessels, in accordance with § 648.23(b), may
stow additional nets not to exceed 160, counting
deployed nets.
and not available for immediate use as defined in
§ 648.2.
as defined in § 648.2,
as defined in § 648.2,
as defined in § 648.2
as defined in § 648.2
Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed
150 nets, counting the deployed net.
and not available for immediate use as defined in
§ 648.2,
as defined in § 648.2.
§ 648.80(a)(7)(i) ....................................
§ 648.80(a)(7)(ii) ...................................
§ 648.80(a)(7)(iii)(A) .............................
§ 648.80(a)(10)(i)(C) .............................
§ 648.80(b)(2)(i) ....................................
§ 648.80(b)(2)(ii) ...................................
§ 648.80(b)(2)(iii) ..................................
§ 648.80(b)(2)(iv) ..................................
§ 648.80(b)(2)(iv)(B)(1)
introductory
text.
as specified in § 648.23(b) ......................................
§ 648.80(b)(3)(ii) ...................................
§ 648.80(b)(6) .......................................
in accordance with § 648.23(b) ...............................
as specified in § 648.23(b) ......................................
§ 648.80(b)(9)(i)(E) ...............................
§ 648.80(c)(2)(i) ....................................
§ 648.80(c)(2)(ii) ...................................
§ 648.80(c)(2)(iii) ..................................
§ 648.80(c)(2)(v) ...................................
§ 648.80(c)(2)(v)(B)(1) introductory text
in accordance with one of the methods described
under § 648.23(b).
in accordance with § 648.23(b) ...............................
in accordance with § 648.23(b) ...............................
in accordance with § 648.23(b) ...............................
in accordance with § 648.23(b) ...............................
Such vessels, in accordance with § 648.23(b), may
stow additional nets not to exceed 160, counting
deployed nets.
§ 648.80(c)(3) .......................................
§ 648.81(b)(2)(iv) ..................................
in accordance with § 648.23(b) ...............................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(h)(2)(i) ....................................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(j)(2)(i) .....................................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(k)(2)(i) ....................................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(l)(2)(i) .....................................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(m)(2)(i) ...................................
in accordance with the provisions of § 648.23(b) ...
§ 648.81(n)(3)(iii) ..................................
pursuant to § 648.23(b) ...........................................
§ 648.82(b)(6)(iv) ..................................
in accordance with the provisions at § 648.23(b) ...
§ 648.82(j)(1)(ii) ....................................
in accordance with § 648.23(b) ...............................
§ 648.85(a)(3)(iii) ..................................
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 648.80(b)(2)(vi) ..................................
according to the regulations in § 648.23(b) ............
§ 648.85(a)(3)(iv)(E) .............................
in accordance with the regulations in § 648.23(b) ..
§ 648.85(a)(3)(vii) .................................
in accordance with the regulations in § 648.23(b) ..
§ 648.85(b)(3)(x)(A) ..............................
according to the regulations at § 648.23(b) ............
§ 648.85(b)(6)(iv)(J) ..............................
Other gear may be on board the vessel, provided
it is stowed when the vessel is fishing under the
Regular B DAS Program pursuant to § 648.23(b.
VerDate Mar<15>2010
17:33 May 28, 2014
Jkt 232001
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
and not available for immediate use as defined in
§ 648.2,
and not available for immediate use as defined in
§ 648.2.
not available for immediate use as defined in
§ 648.2.
as defined in § 648.2,
as defined in § 648.2,
as defined in § 648.2
as defined in § 648.2,
Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed
150 nets, counting the deployed net.
and not available for immediate use as defined in
§ 648.2
as defined in § 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
as defined in § 648.2
as defined in § 648.2
as defined in § 648.2
as defined in § 648.2
Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed
150 nets, counting the deployed net.
as defined in § 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
When the vessel is fishing under the Regular B
DAS Program other gear may be on board provided it is stowed and not available for immediate use as defined in § 648.2
E:\FR\FM\29MYP1.SGM
29MYP1
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules
30803
Section
Remove
Add
§ 648.85(b)(8)(v)(E)(1) introductory text
in accordance with § 648.23(b) ...............................
§ 648.86(a)(3)(ii) ...................................
§ 648.86(b)(4)(ii) ...................................
vessel complies with the gear stowage provisions
specified in § 648.23(b).
in accordance with the provisions of § 648.23(b) ...
§ 648.88(a)(2)(iv) ..................................
in accordance with the provisions at § 648.23(b) ...
§ 648.89(a) ...........................................
must stow all other fishing gear on board the vessel as specified in § 648.23(b).
§ 648.90(a)(5)(i)(D)(2) introductory text
in accordance with § 648.23(b) ...............................
§ 648.90(a)(5)(i)(D)(3) introductory text
in accordance with § 648.23(b) ...............................
§ 648.91(c)(2)(ii) ...................................
as specified in § 648.23(b) ......................................
§ 648.94(e) ...........................................
in accordance with the regulations specified under
§ 648.23(b).
in accordance with the gear stowage provisions
specified under § 648.23(b).
A net that is stowed in conformance with one of
the methods specified in § 648.23(b) and that
can be shown not to have been in recent use is
considered to be not ‘‘available for immediate
use.’’.
not available for immediate use and are stowed in
accordance with the provisions of § 648.23(b).
in accordance with § 648.23(b)(1) ...........................
and not available for immediate use as defined in
§ 648.2
vessel’s gear is stowed and not available for immediate use as defined in § 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
all other gear on board must be stowed and not
available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
as defined in § 648.2
§ 648.95(f) ............................................
§ 648.108(e) .........................................
§ 648.124(c) .........................................
§ 648.125(a)(1) introductory text ..........
§ 648.125(a)(5) introductory text ..........
§ 648.144(a)(4) introductory text ..........
§ 648.201(a)(2) introductory text ..........
§ 648.201(b) .........................................
§ 648.201(c) .........................................
§ 648.202(a) .........................................
§ 648.23
in conformance with one of the methods specified
in § 648.23(b).
A net that is stowed in conformance with one of
the methods specified in § 648.23(b) and that
can be shown not to have been in recent use, is
considered to be not ‘‘available for immediate
use.’’.
vessel complies with the gear stowage provisions
specified in § 648.23(b).
required by § 648.23(b) ...........................................
required by § 648.23(b) ...........................................
pursuant to § 648.23(b) ...........................................
as defined in § 648.2
Nets must be stowed and not available for immediate use as defined in § 648.2.
Stowed and not available for immediate use as
defined in § 648.2
and not available for immediate use as defined in
§ 648.2
and not available for immediate use as defined in
§ 648.2
Nets must be stowed and not available for immediate use as defined in § 648.2.
Vessel’s gear is stowed and not available for immediate use as defined in § 648.2
defined in § 648.2
defined in § 648.2
and not available for immediate use as defined in
§ 648.2
[Amended]
4. In § 648.23, remove and reserve
paragraph (b).
■
[FR Doc. 2014–11901 Filed 5–28–14; 8:45 am]
emcdonald on DSK67QTVN1PROD with PROPOSALS
BILLING CODE 3510–22–P
VerDate Mar<15>2010
16:51 May 28, 2014
Jkt 232001
PO 00000
Frm 00056
Fmt 4702
Sfmt 9990
E:\FR\FM\29MYP1.SGM
29MYP1
]]>Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30799-30803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11901]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140128077-4375-01]
RIN 0648-BD93
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: At the request of the New England Fishery Management Council,
this action would add a new method for on-reel trawl gear stowage when
fishing vessels are transiting closed areas or fishing in areas with
mesh size restrictions. Specifically, this action proposes to allow the
use of a highly visible orange mesh material, in addition to the
current requirement to use a tarp or similar canvas material. In
addition, this action would remove the requirement to detach the towing
wires from the doors for all on-reel gear stowage. Finally, to help
streamline the gear stowage requirements, this action also proposes to
reorganize the current gear stowage regulations. This action would be
implemented under authority delegated to the NMFS Regional
Administrator, at the request of the Council. This action is intended
to improve safety of fishing operations while at sea.
DATES: Comments must be received on this action by June 30, 2014.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0018,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0018, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: John K. Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on Gear Stowage.''
Instructions: All comments received are part of the public record
and will generally be posted to www.regulations.gov without change. All
Personal Identifying Information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit confidential business information or otherwise sensitive or
protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281-9177.
SUPPLEMENTARY INFORMATION:
Background
The current trawl gear stowage regulations, at 50 CFR 648.23(b),
require that trawl gear being stowed on the net reel be covered with a
``canvas or similar opaque material'' when transiting closed areas and
areas with mesh size restrictions. The industry typically uses a
commonly available opaque plastic tarp to meet this requirement, which
is intended to help facilitate enforcement. However, industry has
raised two safety concerns with this requirement. First, the tarps most
frequently used have very few places where a rope or similar material
can be attached to assist in pulling the tarp over the net reel. As a
result, crew members at sea often have to climb or stand on the net
reel or surrounding parts of the vessel to successfully cover the reel.
This creates a safety concern for crew members who may slip or fall and
injure themselves or others. In addition, because the tarps are non-
porous, they catch wind, similar to a sail, adding to the difficulty of
covering the net reel and increasing the safety risks.
As a result of these safety concerns, the New England Fishery
Management Council's Enforcement Committee has been working with the
fishing industry and the United States Coast Guard (USCG) to develop an
alternative to the tarp requirement for stowing trawl nets on the reel.
Through public workshops and at-sea trials, the industry, USCG, and
NOAA's National Marine Fisheries Service (NMFS) developed an orange
mesh material as a safer alternative to the current tarp requirement.
At its September 2013 meeting, the Council approved a motion requesting
that the Regional Administrator implement two new trawl gear stowage
methods and modify one provision of the existing methods. This action
proposes to add a provision to allow the use of a highly visible orange
mesh material, as an alternative to the current requirement to use a
tarp or similar canvas material. This action would be implemented under
authority delegated to the NMFS Regional Administrator at Sec.
648.23(b)(5), at the request of the Council.
In addition, when considering this revision to the gear stowage
regulations, the Committee examined whether the current requirement
that the ``towing wires are detached from the doors'' also presents
safety concerns. When trawl gear is being stowed, detaching the wires
leaves the doors unsecured and swinging freely, which can result in
damage to the vessel. This is particularly problematic for smaller
fiberglass vessels. If the wires were allowed to remain attached to the
doors, the doors could be held securely in place, preventing them from
moving and causing damage to the vessel or injuring crew. The
Committee, with concurrence from the USCG and NMFS Office of Law
Enforcement, concluded that this measure is no longer needed to conduct
enforcement and, as such, recommends this measure be removed from the
regulations pertaining to all on-reel gear stowage requirements.
As a result, the new stowage method would not include the
requirement to remove the towing wires from the doors for all on-reel
trawl gear stowage methods where it currently applies.
NMFS is also taking this opportunity under its authority at section
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act
to reorganize the current gear stowage regulations. Currently, all
Northeast region gear stowage regulations reside under the Atlantic
mackerel, squid, and butterfish (MSB) regulations at subpart B of 50
CFR part 648. The gear stowage regulations were originally implemented
in Amendment 1 to the Northeast Multispecies Fishery Management Plan as
part of the exempted fishing programs. These regulations were
subsequently expanded and modified a number of times. In 1996, NMFS
undertook a comprehensive reorganization of fishery regulations in
response to a Presidential directive. As a result, the gear stowage
regulations that had previously been part of the Northeast multispecies
regulations were moved to the MSB
[[Page 30800]]
regulations. While there is not information available as to exactly why
this move occurred, it is likely because the MSB fisheries constitute a
large majority of the small-mesh fisheries, which were the original
reason for implementing the gear stowage regulations.
Consequently, when considering updating or revising the gear
stowage regulations for fisheries other than MSB, the rulemaking
process is unnecessarily complex and challenging, since these
regulations are in the MSB regulations, but in fact are referenced by
several other fisheries. To help streamline the regulations and to
assist in making future adjustments to these regulations, NMFS is
proposing to move the entirety of the gear stowage regulations at Sec.
648.23(b) to the definitions section of subpart A at Sec. 648.2. The
way the regulations are currently organized can be interpreted that
gear stowage regulations are specific to MSB, when in fact they apply
to several fisheries. This change would clarify that these regulations
apply to numerous fisheries and not just MSB. The current organization
of these regulations also causes confusion with the Council process,
since the regulations are within a section of the regulations managed
by the Mid-Atlantic Council, but they actually apply to several
fisheries, including fisheries managed by the New England Council. This
change would make it clear that the gear stowage regulations apply to
numerous fisheries, thus affecting fisheries managed by both Councils.
Although this is outside of the request of the Council, this
restructuring would not directly affect fisheries operations and would
better organize the regulations. As such, this change would be
beneficial to fisheries, future policy development, and Council
proceedings.
Classification
Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens
Act, the Assistant Administrator for Fisheries, NOAA, has determined
that this proposed rule is consistent with the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
The proposed measures would affect Federal permit holders that use
trawl gear. In 2013, there were 468 Federal permit holders that
reported using trawl gear. All of these permit holders fall within the
SBA's definition of a small business because each permit holder has
annual receipts that do not exceed $19.0 million. The primary fisheries
affected would be the Northeast multispecies, including small-mesh
multispecies, herring, squid, mackerel, butterfish, summer flounder,
scup, and black sea bass fisheries.
This action would allow for additional methods of stowing trawl
gear on the net reel to provide the industry with more flexibility and
to help increase safety at sea. This action would not directly impact
fisheries operations or the marine environment. This action would
provide the opportunity to use a new gear stowage method: a mesh type
material that could be used in lieu of the current requirement to use
an opaque canvas type material. Based on industry input, testing, and
at sea trials, a mesh type material would be easier and safer to work
with than the current opaque canvas requirement. As a result, this
action could increase safety at sea and vessel efficiency, thus
potentially reducing vessel operating costs. Initially, converting from
the current opaque canvas material to a mesh-like material could
require an investment by the vessel operator; however, the mesh type
materials that were tested are readily available with relatively low
cost, commonly available for less than $100. In addition, this new
storage method would not be required, but would merely provide a new
gear stowage option as an alternative to the current method. As such,
vessels could continue to use the current opaque canvas method and
would not be required to purchase a new material or other equipment. As
such, vessels that continued to use the current opaque material would
incur no additional expenses. Therefore, because this action only
proposes a new gear stowage option, and because no net change in
fishing effort, participation in the fishery, or fishery expenses is
expected, this action will not have a significant economic effect on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, add definition for ``not available for immediate
use'' to read as follows:
Sec. 648.2 Definitions.
* * * * *
Not available for immediate use means that the gear is not being
used for fishing and is stowed in conformance with one of the following
methods:
(1) Nets--(i) Below-deck stowage. (A) The net is stored below the
main working deck from which it is deployed and retrieved;
(B) The towing wires, including the leg wires, are detached from
the net; and
(C) The net is fan-folded (flaked) and bound around its
circumference.
(ii) On-deck stowage. (A) The net is fan-folded (flaked) and bound
around its circumference;
(B) The net is securely fastened to the deck or rail of the vessel;
and
(C) The towing wires, including the leg wires, are detached from
the net.
(iii) On-reel stowage. (A) The net is on the net reel;
(B) The towing wires are detached from the net;
(C) The codend of the net is removed from the net and stored below
deck; and
(D) The entire surface of the net is covered and securely bound by:
(1) Canvas of other similar opaque material; or
(2) A highly visible orange mesh material that is not capable of
catching fish or being utilized as fishing gear. Highly visible orange
mesh includes but is not limited to the orange fence material commonly
used to enclose construction sites.
(iv) On-reel stowage for vessels transiting the Gulf of Maine
Rolling Closure Areas and the Georges Bank Seasonal Closure Area.
(A) If a vessel is transiting the Gulf of Maine Rolling Closure
Areas and the Georges Bank Seasonal Closure Area, not available for
immediate use also means, the net is on the net reel;
(B) No containment rope, codend tripping device, or other mechanism
to
[[Page 30801]]
close off the codend is attached to the codend;
(C) The entire surface of the net is covered and securely bound by:
(1) Canvas of other similar opaque material; or
(2) A highly visible orange mesh material that is not capable of
catching fish or being utilized as fishing gear. Highly visible orange
mesh includes but is not limited to the orange fence material commonly
used to enclose construction sites.
(2) Scallop dredges. (i) The towing wire is detached from the
scallop dredge, the towing wire is completely reeled up onto the winch,
the dredge is secured, and the dredge or the winch is covered so that
it is rendered unusable for fishing; or
(ii) The towing wire is detached from the dredge and attached to a
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter,
with the towing wire left in its normal operating position (through the
various blocks) and either is wound back to the first block (in the
gallows) or is suspended at the end of the lifting block where its
retrieval does not present a hazard to the crew and where it is readily
visible from above.
(3) Hook gear (other than pelagic). All anchors and buoys are
secured and all hook gear, including jigging machines, is covered.
(4) Sink gillnet gear. All nets are covered with canvas or other
similar material and lashed or otherwise securely fastened to the deck
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter,
high flyers, and anchors are disconnected.
(5) Other methods of stowage. Any other method of stowage
authorized in writing by the Regional Administrator and subsequently
published in the Federal Register.
* * * * *
Sec. Sec. 648.13, 648.14, 648.17, 648.23, 648.51, 648.58, 648.59,
648.60, 648.61, 648.62, 648.80, 648.81, 648.82, 648.85, 648.86, 648.88,
648.89, 648.90, 648.91, 648.94, 648.95, 648.108, 648.124, 648.125,
648.144, 648.201 and 648.202 [Amended]
0
3. In the table below, for each section indicated in the left column,
remove the reference in the middle column from wherever it appears in
the section and add the text indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
Sec. 648.13(i)(2)(ix)..... in accordance with and not available
Sec. for immediate use
648.23(b)(1);. as defined in Sec.
648.2;
Sec. 648.14(g)(2)(iii)(A). in accordance with and not available
Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.14(i)(1)(vi)(B).. unavailable for not available for
immediate use as immediate use as
defined in Sec. defined in Sec.
648.23(b),. 648.2,
Sec. 648.14(i)(2)(v)(C)... unavailable for not available for
immediate use as immediate use as
defined in Sec. defined in Sec.
648.23(b),. 648.2,
Sec. 648.14(i)(3)(iv)(C).. unavailable for not available for
immediate use as immediate use as
defined in Sec. defined in Sec.
648.23(b),. 648.2,
Sec. 648.14(k)(5)(ii)..... in accordance with and not available
Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.14(k)(5)(vi)(B).. stowage requirements definition of not
of Sec. available for
648.23(b),. immediate use as
defined in Sec.
648.2,
Sec. 648.14(k)(5)(vii)(B). stowage requirements definition of not
of Sec. available for
648.23(b),. immediate use as
defined in Sec.
648.2,
Sec. 648.14(k)(6)(i)(E)... in accordance with and not available
Sec. 648.23(b),. for immediate use
as defined in Sec.
648.2,
Sec. 648.14(k)(13)(ii)(G). in accordance with with gear stowed and
Sec. 648.23(b). not available for
immediate use as
defined in Sec.
648.2
Sec. 648.14(r)(1)(vi)(C).. as required by Sec. as defined in Sec.
648.23(b). 648.2
Sec. 648.14(r)(1)(vi)(F).. as required by Sec. as defined in Sec.
648.23(b). 648.2
Sec. 648.14(r)(1)(vii)(A). is stowed as is not available for
specified by Sec. immediate use as
648.23(b). defined in Sec.
648.2
Sec. 648.14(r)(1)(vii)(D). as required by Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.17(b)(3)......... one of the the definition of
applicable methods not available for
specified in Sec. immediate use as
648.23(b);. defined in Sec.
648.2;
Sec. 648.23(a)(2)......... they are fishing their gear is stowed
consistent with and not available
exceptions for immediate use
specified in as defined in Sec.
paragraph (b) of 648.2
this section.
Sec. 648.23(a)(2)(ii)..... as specified in and not available
paragraph (b) of for immediate use
this section.. as defined in Sec.
648.2
Sec. 648.23(a)(3)......... paragraph (b) of Sec. 648.2
this section.
Sec. 648.51(a)(1)......... specified in Sec. defined in Sec.
648.23,. 648.2,
Sec. 648.51(b)(5)(ii)(C).. in accordance with and not available
Sec. 648.23(b) for immediate use
and not available as defined in Sec.
for immediate use. 648.2
Sec. 648.58(c)............ unavailable for stowed and not
immediate use as available for
defined in Sec. immediate use as
648.23(b),. defined in Sec.
648.2,
Sec. 648.59(f)............ in accordance with and not available
Sec. 648.23(b).. for immediate use
as defined in Sec.
648.2.
Sec. 648.60(a)(4)......... in accordance with and not available
Sec. 648.23(b).. for immediate use
as defined in Sec.
648.2.
Sec. 648.60(a)(7)......... in accordance with and not available
Sec. 648.23(b),. for immediate use
as defined in Sec.
648.2,
Sec. 648.61(b)............ in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b).. as defined in Sec.
648.2.
Sec. 648.62(b)(2)......... in accordance with and not available
Sec. 648.23(b),. for immediate use
as defined in Sec.
648.2,
[[Page 30802]]
Sec. 648.80(a)(3)(vi)..... as specified in Sec. and not available
648.23(b).. for immediate use
as defined in Sec.
648.2.
Sec. 648.80(a)(4)(i)...... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2,
Sec. 648.80(a)(4)(ii)..... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2,
Sec. 648.80(a)(4)(iii).... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2
Sec. 648.80(a)(4)(iv)..... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2
Sec. Such vessels, in Such vessels may
648.80(a)(4)(iv)(B)(2) accordance with stow additional
introductory text. Sec. 648.23(b), nets in accordance
may stow additional with the definition
nets not to exceed of not available
150, counting the for immediate use
deployed net. as defined in Sec.
648.2 not to
exceed 150 nets,
counting the
deployed net.
Sec. 648.80(a)(6)(i)(E)... in accordance with and not available
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b). 648.2,
Sec. 648.80(a)(7)(i)...... in accordance with as defined in Sec.
one of the methods 648.2.
specified in Sec.
648.23(b).
Sec. 648.80(a)(7)(ii)..... in accordance with and not available
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b). 648.2,
Sec. 648.80(a)(7)(iii)(A). in accordance with and not available
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b). 648.2.
Sec. 648.80(a)(10)(i)(C).. unavailable for not available for
immediate use in immediate use as
accordance with defined in Sec.
Sec. 648.23(b). 648.2.
Sec. 648.80(b)(2)(i)...... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2,
Sec. 648.80(b)(2)(ii)..... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2,
Sec. 648.80(b)(2)(iii).... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(b)(2)(iv)..... in accordance with as defined in Sec.
Sec. 648.23(b),. 648.2,
Sec. Such vessels, in Such vessels may
648.80(b)(2)(iv)(B)(1) accordance with stow additional
introductory text. Sec. 648.23(b), nets in accordance
may stow additional with the definition
nets not to exceed of not available
160, counting for immediate use
deployed nets. as defined in Sec.
648.2 not to
exceed 150 nets,
counting the
deployed net.
Sec. 648.80(b)(2)(vi)..... as specified in Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.80(b)(3)(ii)..... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(b)(6)......... as specified in Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.80(b)(9)(i)(E)... in accordance with and not available
one of the methods for immediate use
described under as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(c)(2)(i)...... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(c)(2)(ii)..... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(c)(2)(iii).... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(c)(2)(v)...... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.80(c)(2)(v)(B)(1) Such vessels, in Such vessels may
introductory text. accordance with stow additional
Sec. 648.23(b), nets in accordance
may stow additional with the definition
nets not to exceed of not available
160, counting for immediate use
deployed nets. as defined in Sec.
648.2 not to
exceed 150 nets,
counting the
deployed net.
Sec. 648.80(c)(3)......... in accordance with as defined in Sec.
Sec. 648.23(b). 648.2
Sec. 648.81(b)(2)(iv)..... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(h)(2)(i)...... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(j)(2)(i)...... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(k)(2)(i)...... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(l)(2)(i)...... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(m)(2)(i)...... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.81(n)(3)(iii).... pursuant to Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.82(b)(6)(iv)..... in accordance with and not available
the provisions at for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.82(j)(1)(ii)..... in accordance with and not available
Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.85(a)(3)(iii).... according to the and not available
regulations in Sec. for immediate use
648.23(b). as defined in Sec.
648.2
Sec. 648.85(a)(3)(iv)(E).. in accordance with and not available
the regulations in for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.85(a)(3)(vii).... in accordance with and not available
the regulations in for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.85(b)(3)(x)(A)... according to the and not available
regulations at Sec. for immediate use
648.23(b). as defined in Sec.
648.2
Sec. 648.85(b)(6)(iv)(J).. Other gear may be on When the vessel is
board the vessel, fishing under the
provided it is Regular B DAS
stowed when the Program other gear
vessel is fishing may be on board
under the Regular B provided it is
DAS Program stowed and not
pursuant to Sec. available for
648.23(b. immediate use as
defined in Sec.
648.2
[[Page 30803]]
Sec. 648.85(b)(8)(v)(E)(1) in accordance with and not available
introductory text. Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.86(a)(3)(ii)..... vessel complies with vessel's gear is
the gear stowage stowed and not
provisions available for
specified in Sec. immediate use as
648.23(b). defined in Sec.
648.2
Sec. 648.86(b)(4)(ii)..... in accordance with and not available
the provisions of for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.88(a)(2)(iv)..... in accordance with and not available
the provisions at for immediate use
Sec. 648.23(b). as defined in Sec.
648.2
Sec. 648.89(a)............ must stow all other all other gear on
fishing gear on board must be
board the vessel as stowed and not
specified in Sec. available for
648.23(b). immediate use as
defined in Sec.
648.2
Sec. 648.90(a)(5)(i)(D)(2) in accordance with and not available
introductory text. Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.90(a)(5)(i)(D)(3) in accordance with and not available
introductory text. Sec. 648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.91(c)(2)(ii)..... as specified in Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
Sec. 648.94(e)............ in accordance with as defined in Sec.
the regulations 648.2
specified under
Sec. 648.23(b).
Sec. 648.95(f)............ in accordance with as defined in Sec.
the gear stowage 648.2
provisions
specified under
Sec. 648.23(b).
Sec. 648.108(e)........... A net that is stowed Nets must be stowed
in conformance with and not available
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b) and that 648.2.
can be shown not to
have been in recent
use is considered
to be not
``available for
immediate use.''.
Sec. 648.124(c)........... not available for Stowed and not
immediate use and available for
are stowed in immediate use as
accordance with the defined in Sec.
provisions of Sec. 648.2
648.23(b).
Sec. 648.125(a)(1) in accordance with and not available
introductory text. Sec. 648.23(b)(1). for immediate use
as defined in Sec.
648.2
Sec. 648.125(a)(5) in conformance with and not available
introductory text. one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b). 648.2
Sec. 648.144(a)(4) A net that is stowed Nets must be stowed
introductory text. in conformance with and not available
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b) and that 648.2.
can be shown not to
have been in recent
use, is considered
to be not
``available for
immediate use.''.
Sec. 648.201(a)(2) vessel complies with Vessel's gear is
introductory text. the gear stowage stowed and not
provisions available for
specified in Sec. immediate use as
648.23(b). defined in Sec.
648.2
Sec. 648.201(b)........... required by Sec. defined in Sec.
648.23(b). 648.2
Sec. 648.201(c)........... required by Sec. defined in Sec.
648.23(b). 648.2
Sec. 648.202(a)........... pursuant to Sec. and not available
648.23(b). for immediate use
as defined in Sec.
648.2
------------------------------------------------------------------------
Sec. 648.23 [Amended]
0
4. In Sec. 648.23, remove and reserve paragraph (b).
[FR Doc. 2014-11901 Filed 5-28-14; 8:45 am]
BILLING CODE 3510-22-P
