Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 52578-52583 [2014-20966]
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
Species
Vertebrate population where endangered or threatened
Historic range
Common name
Scientific name
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Sturgeon, Sakhalin ..
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Acipenser mikadoi ..
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BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140128077–4691–02]
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: Final rule.
AGENCY:
This final rule changes onreel trawl gear stowage requirements
when fishing vessels are transiting
closed areas or fishing in areas with
mesh size restrictions. Specifically, this
action allows a vessel to use a highly
visible orange or yellow mesh material
as an alternative to the current
requirement to use a tarp or similar
canvas material. In addition, this action
removes the requirement to detach the
towing wires from the doors for all onreel gear stowage and removes the
requirement to detach the towing wires
from the net. Finally, to help streamline
the gear stowage requirements, this
action also reorganizes the current gear
stowage regulations. This action is being
implemented under authority delegated
to the NMFS Regional Administrator.
This action is intended to improve
safety of fishing operations while at sea.
DATES: This rule is effective September
4, 2014.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fishery Management
Specialist, phone: (978) 281–9177.
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SUMMARY:
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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 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 adds a provision
to allow the use of a highly visible
orange or yellow mesh material, as an
alternative to the current requirement to
use a tarp or similar canvas material.
This action is being implemented under
authority delegated to the NMFS
Regional Administrator at § 648.23(b)(5),
at the request of the Council.
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[FR Doc. 2014–21078 Filed 9–3–14; 8:45 am]
16:31 Sep 03, 2014
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SUPPLEMENTARY INFORMATION:
Dated: August 25, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
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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’’ was
also a safety concern. 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
support from the USCG and NMFS
Office of Law Enforcement (OLE),
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 methods
do not include the requirement to
remove the towing wires from the doors,
and for all on-reel trawl gear stowage
methods where it currently applies, this
requirement is removed. In addition, the
requirement that vessels remove the
towing wire from the net is removed in
this action. During the public comment
period, as described below, the Council
indicated that this requirement is
outdated, as it was designed for use on
Eastern rigged vessels, which have
become obsolete, and is not necessary
for the proper enforcement of the gear
stowage provisions.
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 Greater
Atlantic Region gear stowage regulations
reside under the Atlantic mackerel,
squid, and butterfish 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
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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 subpart B of
the regulations. While there is not
information available as to exactly why
this move occurred, it is likely because
the mackerel, squid, and butterfish
fisheries constitute a large majority of
the small-mesh fisheries, which were
the original focus of the gear stowage
regulations.
Consequently, when considering
updating or revising the gear stowage
regulations for fisheries other than
mackerel, squid, and butterfish, the
rulemaking process is unnecessarily
complex and confusing because these
regulations are in subpart B, but are
referenced by the regulations in several
other subparts. To help streamline the
regulations and to assist in making
future adjustments to these regulations,
this action moves 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 mackerel, squid, and
butterfish fisheries, when in fact they
apply to several fisheries. This change
should help clarify that these
regulations apply to numerous fisheries
and not just mackerel, squid, and
butterfish. The current organization of
these regulations also causes confusion
with the Council process, because the
regulations are within a section of the
regulations managed by the MidAtlantic Council, but also apply to
several fisheries managed by the New
England Council. Although this is
outside of the request of the Council,
this restructuring will not directly affect
fisheries operations and would better
organize the regulations. As such, this
change should be beneficial to fisheries,
future policy development, and Council
proceedings.
Comments and Responses
One comment was received from the
New England Fishery Management
Council in support of the action; the
Council also requested some additional
measures.
Comment 1: The New England
Council submitted a comment in
support of the proposed action, but also
requested that we add a highly visible
yellow mesh color as an optional color
for the mesh material.
In addition, the comment received
from the Council also requested that we
remove the requirement that the towing
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16:31 Sep 03, 2014
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wires be detached from the net. The
Council explained that this requirement
is outdated and no longer applicable.
The towing wires were only attached to
the net on eastern rigged type vessels,
which no longer operate in the fishery.
The Council is recommending this
requirement be removed for consistency
with the intent of this rule and to avoid
confusion for fishermen and
enforcement.
Response: The Council’s Enforcement
Committee previously discussed adding
a yellow mesh, but the Committee had
not agreed to add the yellow mesh due
to concerns from the USCG. While the
proposed rule for this action was being
developed, discussion on the yellow
mesh continued, and at the April 23,
2014, Council meeting, the Council
agreed to add the yellow mesh. We have
consulted with the USCG and OLE and
they have since concurred that a yellow
mesh is acceptable as an additional
option. As such, this action implements
the yellow mesh material as an optional
color for the mesh material.
With regard to removing the
requirement that the towing wire be
detached from the net, this provision
was previously considered and
recommended by the Enforcement
Committee, but due to an oversight by
the Committee, never made it into the
Council’s final recommendation that
prompted the rulemaking. Because this
requirement is no longer considered
necessary, this action removes it based
on the request from the Council
received during the comment period
and the work previously conducted by
the Enforcement Committee.
Changes From the Proposed Rule
Based on the recommendation from
the Council and with concurrence from
the USCG and OLE, this final rule adds
the yellow mesh as an optional mesh
color. Also, based on recommendation
from the Council and a previous
workshop held by the Enforcement
Committee, this final rule includes
removing the requirement that the
towing wires be detached from the net
since this provision is no longer
relevant. These changes should provide
the industry with some added flexibility
and should have no effects on the
resource or the enforceability of the gear
stowage measures. Although these
measures were not specifically
considered in the proposed rule, they
are logical outgrowths of the type of
measures that were considered, and,
therefore, are being implemented
without further prior public comment.
These additional measures have been
part of the public dialog and
consideration before the proposed rule
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was published and will not be a surprise
to the public. In addition, these
measures have no effect on the resource
or any additional impacts outside of the
additional flexibility and increase to
safety at sea for the industry and are not
considered to be controversial.
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 final
rule is consistent with the MagnusonStevens Act, and other applicable law.
The Assistant Administrator for
Fisheries finds good cause to waive the
30-day delay in effectiveness provision
of the Administrative Procedure Act
pursuant to 5 U.S.C. 553(d)(3). This rule
imposes no new requirements or
burdens on the public; to the contrary,
it provides additional flexibility for the
fishing industry and should help
increase safety at-sea. Specifically, this
rule provides for an additional gear
stowage method option. An additional
gear stowage method allows fishermen
to choose how to stow their gear,
allowing them to pick whichever
method works best for them. The new
method is also designed to be easier and
safer than existing methods. The mesh
material allows the net reel to be
covered without having to climb on top
of the reel, and because there are holes
between meshes, the mesh material
would not catch the wind the way a tarp
would with the existing method.
Further, this new method is optional
only and not required. As such, the
fishing industry can choose to continue
to use the existing stowage method of
using a common tarp. In addition, this
rule adds yellow mesh as an optional
mesh color, which provides the industry
with some added flexibility.
Finally, to help streamline the
regulations and to assist in making
future adjustments to these regulations,
this action moves the entirety of the gear
stowage regulations at § 648.23(b) to the
definitions section of subpart A at
§ 648.2. This provision is merely an
administrative reorganization of the
regulations and does not change the
rights or obligations of regulated
entities.
Failure to make this final rule
effective upon publication will
undermine the intent of the rule to
increase safety at-sea. Imposing a 30-day
delay in effectiveness would be another
30 days that the industry would not be
allowed to use the new, safer method
implemented by this rule. For these
reasons, the 30-day delay is waived and
this rule will become effective upon
publication in the Federal Register.
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
final rule will not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this certification was provided
in the proposed rule for this action (May
29, 2014; 79 FR 30799) and is not
repeated here. No comments were
received regarding the certification and
NMFS has not received any new
information that would affect its
determination. As a result, a final
regulatory flexibility analysis is not
required and none has been prepared.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
This action does not contain any new
recordkeeping or reporting
requirements, and does not impose any
additional costs to affected vessels.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: August 27, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 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 a definition for ‘‘Not
available for immediate use’’ in
alphabetical order to read as follows:
■
§ 648.2
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Definitions.
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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 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 codend of the net is removed
from the net and stored below deck; and
(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 or yellow
mesh material that is not capable of
catching fish or being utilized as fishing
gear. An example of highly visible
orange or yellow 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
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 or yellow
mesh material that is not capable of
catching fish or being utilized as fishing
Section
§ 648.14(g)(2)(iii)(A) .............................
in accordance with § 648.23(b)
§ 648.14(i)(1)(vi)(B) ..............................
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3. In the table below, for each
paragraph indicated in the left column,
remove the reference in the middle
column from wherever it appears in the
paragraph and add the text indicated in
the right column.
■
Add
in accordance with § 648.23(b)(1);
§ 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(i)(2)(v)(C) ...............................
§ 648.14(i)(3)(iv)(C) ..............................
16:31 Sep 03, 2014
§§ 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, 648.124, 648.125, 648.201 and
648.202 [Amended]
Remove
§ 648.13(i)(2)(ix) ...................................
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gear. Highly visible orange or yellow
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 brightcolored 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,
are 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.
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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,
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Section
Remove
Add
§ 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.
§ 648.23(a)(2) introductory text ............
§ 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),
§ 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) introductory text .......
§ 648.80(a)(6)(i)(E) ...............................
in
in
in
in
in
§ 648.58(c) ...........................................
§ 648.80(b)(2)(i) ....................................
§ 648.80(b)(2)(ii) ...................................
§ 648.80(b)(2)(iii) ..................................
§ 648.80(b)(2)(iv) introductory text .......
§ 648.80(b)(2)(vi) ..................................
accordance with § 648.23(b),
accordance with § 648.23(b),
accordance with § 648.23(b),
accordance with § 648.23(b),
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),
as specified in § 648.23(b)
§ 648.80(b)(3)(ii) ...................................
§ 648.80(b)(6)(i)(C) ...............................
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) introductory text ........
§ 648.80(c)(3) .......................................
§ 648.81(b)(2)(iv) ..................................
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)
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)
§ 648.80(a)(7)(i) ....................................
§ 648.80(a)(7)(ii) ...................................
§ 648.80(a)(7)(iii)(A) .............................
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§ 648.80(a)(10)(i)(C) .............................
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16:31 Sep 03, 2014
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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,
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,
and not available for immediate use as defined in
§ 648.2,
as defined in § 648.2.
and not available for immediate use as defined
§ 648.2,
and not available for immediate use as defined
§ 648.2.
not available for immediate use as defined
§ 648.2.
as defined in § 648.2,
as defined in § 648.2,
as defined in § 648.2
as defined in § 648.2,
and not available for immediate use as defined
§ 648.2
as defined in § 648.2
and not available for immediate use as defined
§ 648.2
and not available for immediate use as defined
§ 648.2
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
and not available for immediate use as defined
§ 648.2
and not available for immediate use as defined
§ 648.2
and not available for immediate use as defined
§ 648.2
and not available for immediate use as defined
§ 648.2
E:\FR\FM\04SER1.SGM
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in
in
in
in
in
in
in
in
in
in
52582
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
Section
Remove
Add
§ 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)(2)(iii)(B) .............................
pursuant to § 648.23(b)
§ 648.82(b)(6)(iv) ..................................
in accordance with the provisions at § 648.23(b)
§ 648.82(j)(1)(ii)(A) ...............................
in accordance with § 648.23(b)
§ 648.85(a)(3)(iii) introductory text .......
according to the regulations in § 648.23(b)
§ 648.85(a)(3)(iv)(E) .............................
in accordance with the provisions of§ 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)(8)(v)(E)(1) ..........................
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) ..........................
in accordance with § 648.23(b)
§ 648.90(a)(5)(i)(D)(3) ..........................
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)
not available for immediate use and are stowed in
accordance with the provisions of § 648.23(b)
in accordance with § 648.23(b)(1)
§ 648.95(f) ............................................
§ 648.124(c) .........................................
§ 648.125(a)(1) .....................................
§ 648.125(a)(5) .....................................
§ 648.201(a)(2) .....................................
§ 648.201(b) .........................................
§ 648.201(c) .........................................
§ 648.202(a) .........................................
§ 648.23
in conformance with one of the methods specified
in § 648.23(b)
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)
[Amended]
4. In § 648.23, remove and reserve
paragraph (b).
■ 5. In § 648.80:
■ a. Revise the last sentence of
paragraph (a)(4)(iv)(B)(2).
■ b. Revise the last sentence of
paragraph (b)(2)(iv)(B)(1).
■ c. Revise the last sentence of
paragraph (c)(2)(v)(B)(1).
The revisions read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
*
*
*
(a) * * *
(4) * * *
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*
*
16:31 Sep 03, 2014
Jkt 232001
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
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
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
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
(iv) * * *
(B) * * *
(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.
*
*
*
*
*
(b) * * *
(2) * * *
(iv) * * *
(B) * * *
(1) * * * 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.
*
*
*
*
*
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
(c) * * *
(2) * * *
(iv) * * *
(B) * * *
(1) * * * 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.
*
*
*
*
*
■ 6. In § 648.85, revise the last sentence
of paragraph (b)(6)(iv)(J)(1) to read as
follows:
§ 648.85
*
Special management programs.
*
*
(b) * * *
(6) * * *
E:\FR\FM\04SER1.SGM
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
(iv) * * *
(J) * * *
(1) * * * 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.
*
*
*
*
*
■ 7. In § 648.108, revise the last
sentence of paragraph (e) to read as
follows:
§ 648.108 Summer flounder gear
restrictions.
*
*
*
*
*
(e) * * * Nets must be stowed and
not available for immediate use as
defined in § 648.2.
*
*
*
*
*
■ 8. In § 648.144, revise the last
sentence of paragraph (a)(4) to read as
follows:
§ 648.144
Black sea bass gear restrictions.
(a) * * *
(4) * * * Nets must be stowed and
not available for immediate use as
defined in § 648.2.
*
*
*
*
*
[FR Doc. 2014–20966 Filed 9–3–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD480
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
NMFS is opening directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters) length
overall (LOA) using hook-and-line or
pot gear in the Bering Sea and Aleutian
Islands Management Area (BSAI). This
action is necessary to fully use the 2014
total allowable catch of Pacific cod
allocated to catcher vessels less than 60
feet LOA using hook-and-line or pot
gear in the BSAI.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:31 Sep 03, 2014
Jkt 232001
Effective 1200 hrs, Alaska local
time (A.l.t.), September 1, 2014, through
2400 hrs, A.l.t., December 31, 2014.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., September 15, 2014.
ADDRESSES: You may submit comments
on this document, identified by 2013–
0152, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2013-0152, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels less than
60 feet LOA using hook-and-line or pot
gear in the BSAI under
§ 679.20(d)(1)(iii) on February 4, 2014
(79 FR 7404, February 7, 2014).
DATES:
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
52583
NMFS has determined that as of
August 20, 2014, approximately 2,050
metric tons of Pacific cod remain in the
2014 Pacific cod apportionment for
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear in the
BSAI. Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully use the 2014
total allowable catch (TAC) of Pacific
cod in the BSAI, NMFS is terminating
the previous closure and is opening
directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear in the
BSAI. The Administrator, Alaska
Region, NMFS, (Regional Administrator)
considered the following factors in
reaching this decision: (1) The current
catch of Pacific cod by catcher vessels
less than 60 feet LOA using hook-andline or pot gear in the BSAI and, (2) the
harvest capacity and stated intent on
future harvesting patterns of vessels in
participating in this fishery.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of directed fishing for
Pacific cod by catcher vessels less than
60 feet LOA using hook-and-line or pot
gear in the BSAI. Immediate notification
is necessary to allow for the orderly
conduct and efficient operation of this
fishery, to allow the industry to plan for
the fishing season, and to avoid
potential disruption to the fishing fleet
and processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 20, 2014.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
E:\FR\FM\04SER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52578-52583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20966]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140128077-4691-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule changes on-reel trawl gear stowage
requirements when fishing vessels are transiting closed areas or
fishing in areas with mesh size restrictions. Specifically, this action
allows a vessel to use a highly visible orange or yellow mesh material
as an alternative to the current requirement to use a tarp or similar
canvas material. In addition, this action removes the requirement to
detach the towing wires from the doors for all on-reel gear stowage and
removes the requirement to detach the towing wires from the net.
Finally, to help streamline the gear stowage requirements, this action
also reorganizes the current gear stowage regulations. This action is
being implemented under authority delegated to the NMFS Regional
Administrator. This action is intended to improve safety of fishing
operations while at sea.
DATES: This rule is effective September 4, 2014.
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
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 adds a provision to allow the use of a
highly visible orange or yellow mesh material, as an alternative to the
current requirement to use a tarp or similar canvas material. This
action is being 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'' was also a safety
concern. 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
support from the USCG and NMFS Office of Law Enforcement (OLE),
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 methods do not include the requirement to remove the towing
wires from the doors, and for all on-reel trawl gear stowage methods
where it currently applies, this requirement is removed. In addition,
the requirement that vessels remove the towing wire from the net is
removed in this action. During the public comment period, as described
below, the Council indicated that this requirement is outdated, as it
was designed for use on Eastern rigged vessels, which have become
obsolete, and is not necessary for the proper enforcement of the gear
stowage provisions.
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
Greater Atlantic Region gear stowage regulations reside under the
Atlantic mackerel, squid, and butterfish 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
[[Page 52579]]
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 subpart B of the
regulations. While there is not information available as to exactly why
this move occurred, it is likely because the mackerel, squid, and
butterfish fisheries constitute a large majority of the small-mesh
fisheries, which were the original focus of the gear stowage
regulations.
Consequently, when considering updating or revising the gear
stowage regulations for fisheries other than mackerel, squid, and
butterfish, the rulemaking process is unnecessarily complex and
confusing because these regulations are in subpart B, but are
referenced by the regulations in several other subparts. To help
streamline the regulations and to assist in making future adjustments
to these regulations, this action moves 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 mackerel, squid, and butterfish fisheries, when in fact they apply
to several fisheries. This change should help clarify that these
regulations apply to numerous fisheries and not just mackerel, squid,
and butterfish. The current organization of these regulations also
causes confusion with the Council process, because the regulations are
within a section of the regulations managed by the Mid-Atlantic
Council, but also apply to several fisheries managed by the New England
Council. Although this is outside of the request of the Council, this
restructuring will not directly affect fisheries operations and would
better organize the regulations. As such, this change should be
beneficial to fisheries, future policy development, and Council
proceedings.
Comments and Responses
One comment was received from the New England Fishery Management
Council in support of the action; the Council also requested some
additional measures.
Comment 1: The New England Council submitted a comment in support
of the proposed action, but also requested that we add a highly visible
yellow mesh color as an optional color for the mesh material.
In addition, the comment received from the Council also requested
that we remove the requirement that the towing wires be detached from
the net. The Council explained that this requirement is outdated and no
longer applicable. The towing wires were only attached to the net on
eastern rigged type vessels, which no longer operate in the fishery.
The Council is recommending this requirement be removed for consistency
with the intent of this rule and to avoid confusion for fishermen and
enforcement.
Response: The Council's Enforcement Committee previously discussed
adding a yellow mesh, but the Committee had not agreed to add the
yellow mesh due to concerns from the USCG. While the proposed rule for
this action was being developed, discussion on the yellow mesh
continued, and at the April 23, 2014, Council meeting, the Council
agreed to add the yellow mesh. We have consulted with the USCG and OLE
and they have since concurred that a yellow mesh is acceptable as an
additional option. As such, this action implements the yellow mesh
material as an optional color for the mesh material.
With regard to removing the requirement that the towing wire be
detached from the net, this provision was previously considered and
recommended by the Enforcement Committee, but due to an oversight by
the Committee, never made it into the Council's final recommendation
that prompted the rulemaking. Because this requirement is no longer
considered necessary, this action removes it based on the request from
the Council received during the comment period and the work previously
conducted by the Enforcement Committee.
Changes From the Proposed Rule
Based on the recommendation from the Council and with concurrence
from the USCG and OLE, this final rule adds the yellow mesh as an
optional mesh color. Also, based on recommendation from the Council and
a previous workshop held by the Enforcement Committee, this final rule
includes removing the requirement that the towing wires be detached
from the net since this provision is no longer relevant. These changes
should provide the industry with some added flexibility and should have
no effects on the resource or the enforceability of the gear stowage
measures. Although these measures were not specifically considered in
the proposed rule, they are logical outgrowths of the type of measures
that were considered, and, therefore, are being implemented without
further prior public comment. These additional measures have been part
of the public dialog and consideration before the proposed rule was
published and will not be a surprise to the public. In addition, these
measures have no effect on the resource or any additional impacts
outside of the additional flexibility and increase to safety at sea for
the industry and are not considered to be controversial.
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 final rule is consistent with the Magnuson-Stevens Act, and
other applicable law.
The Assistant Administrator for Fisheries finds good cause to waive
the 30-day delay in effectiveness provision of the Administrative
Procedure Act pursuant to 5 U.S.C. 553(d)(3). This rule imposes no new
requirements or burdens on the public; to the contrary, it provides
additional flexibility for the fishing industry and should help
increase safety at-sea. Specifically, this rule provides for an
additional gear stowage method option. An additional gear stowage
method allows fishermen to choose how to stow their gear, allowing them
to pick whichever method works best for them. The new method is also
designed to be easier and safer than existing methods. The mesh
material allows the net reel to be covered without having to climb on
top of the reel, and because there are holes between meshes, the mesh
material would not catch the wind the way a tarp would with the
existing method. Further, this new method is optional only and not
required. As such, the fishing industry can choose to continue to use
the existing stowage method of using a common tarp. In addition, this
rule adds yellow mesh as an optional mesh color, which provides the
industry with some added flexibility.
Finally, to help streamline the regulations and to assist in making
future adjustments to these regulations, this action moves the entirety
of the gear stowage regulations at Sec. 648.23(b) to the definitions
section of subpart A at Sec. 648.2. This provision is merely an
administrative reorganization of the regulations and does not change
the rights or obligations of regulated entities.
Failure to make this final rule effective upon publication will
undermine the intent of the rule to increase safety at-sea. Imposing a
30-day delay in effectiveness would be another 30 days that the
industry would not be allowed to use the new, safer method implemented
by this rule. For these reasons, the 30-day delay is waived and this
rule will become effective upon publication in the Federal Register.
[[Page 52580]]
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this final rule will not have a significant
economic impact on a substantial number of small entities. The factual
basis for this certification was provided in the proposed rule for this
action (May 29, 2014; 79 FR 30799) and is not repeated here. No
comments were received regarding the certification and NMFS has not
received any new information that would affect its determination. As a
result, a final regulatory flexibility analysis is not required and
none has been prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any new recordkeeping or reporting
requirements, and does not impose any additional costs to affected
vessels.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 27, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, NMFS amends 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 a definition for ``Not available for immediate
use'' in alphabetical order 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 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 codend of the net is removed from the net and stored below
deck; and
(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 or yellow mesh material that is not
capable of catching fish or being utilized as fishing gear. An example
of highly visible orange or yellow 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 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 or yellow mesh material that is not
capable of catching fish or being utilized as fishing gear. Highly
visible orange or yellow 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, are 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, 648.124, 648.125, 648.201 and
648.202 [Amended]
0
3. In the table below, for each paragraph indicated in the left column,
remove the reference in the middle column from wherever it appears in
the paragraph 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,
[[Page 52581]]
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
introductory text. 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,
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.
introductory text. Sec. 648.23(b), 648.2,
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.
introductory text. Sec. 648.23(b), 648.2,
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)(i)(C)... 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.
introductory text. Sec. 648.23(b) 648.2
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
[[Page 52582]]
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)(2)(iii)(B). 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)(A).. 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
introductory text. 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 provisions for immediate use
ofSec. 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)(8)(v)(E)(1) in accordance with and not available
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
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
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. 648.124(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
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
one of the methods for immediate use
specified in Sec. as defined in Sec.
648.23(b) 648.2
Sec. 648.201(a)(2)........ 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. 648.201(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).
0
5. In Sec. 648.80:
0
a. Revise the last sentence of paragraph (a)(4)(iv)(B)(2).
0
b. Revise the last sentence of paragraph (b)(2)(iv)(B)(1).
0
c. Revise the last sentence of paragraph (c)(2)(v)(B)(1).
The revisions read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(4) * * *
(iv) * * *
(B) * * *
(2) * * * Such vessels may stow additional nets in accordance with
the definition of not available for immediate use as defined in Sec.
648.2 not to exceed 150 nets, counting the deployed net.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(B) * * *
(1) * * * Such vessels may stow additional nets in accordance with
the definition of not available for immediate use as defined in Sec.
648.2 not to exceed 150 nets, counting the deployed net.
* * * * *
(c) * * *
(2) * * *
(iv) * * *
(B) * * *
(1) * * * Such vessels may stow additional nets in accordance with
the definition of not available for immediate use as defined in Sec.
648.2 not to exceed 150 nets, counting the deployed net.
* * * * *
0
6. In Sec. 648.85, revise the last sentence of paragraph
(b)(6)(iv)(J)(1) to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(b) * * *
(6) * * *
[[Page 52583]]
(iv) * * *
(J) * * *
(1) * * * 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 Sec. 648.2.
* * * * *
0
7. In Sec. 648.108, revise the last sentence of paragraph (e) to read
as follows:
Sec. 648.108 Summer flounder gear restrictions.
* * * * *
(e) * * * Nets must be stowed and not available for immediate use
as defined in Sec. 648.2.
* * * * *
0
8. In Sec. 648.144, revise the last sentence of paragraph (a)(4) to
read as follows:
Sec. 648.144 Black sea bass gear restrictions.
(a) * * *
(4) * * * Nets must be stowed and not available for immediate use
as defined in Sec. 648.2.
* * * * *
[FR Doc. 2014-20966 Filed 9-3-14; 8:45 am]
BILLING CODE 3510-22-P
