Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 52578-52583 [2014-20966]

Download as PDF 52578 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 * Sturgeon, Sakhalin .. * Acipenser mikadoi .. * * * * * * * * 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. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: Jkt 232001 * * Frm 00036 Fmt 4700 Critical habitat * 845 * 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. PO 00000 When listed * E Background [FR Doc. 2014–21078 Filed 9–3–14; 8:45 am] 16:31 Sep 03, 2014 * Entire ...................... SUPPLEMENTARY INFORMATION: Dated: August 25, 2014. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. VerDate Mar<15>2010 * Northwest Pacific Ocean in Japan and Russia. Status Sfmt 4700 Special rules * NA NA * 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 E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 52579 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. E:\FR\FM\04SER1.SGM 04SER1 52580 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 * * 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 Section § 648.14(g)(2)(iii)(A) ............................. in accordance with § 648.23(b) § 648.14(i)(1)(vi)(B) .............................. mstockstill on DSK4VPTVN1PROD with RULES 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) ................................... VerDate Mar<15>2010 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. * * * * * Jkt 232001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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, E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 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) ............................. mstockstill on DSK4VPTVN1PROD with RULES § 648.80(a)(10)(i)(C) ............................. VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00039 Fmt 4700 52581 Sfmt 4700 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 04SER1 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) * * * VerDate Mar<15>2010 * * 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 04SER1 * * 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 04SER1

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