Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Seabird Avoidance Measures, 53401-53405 [2014-21474]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Proposed Rules]
[Pages 53401-53405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21474]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140214140-4140-01]
RIN 0648-BD92


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Seabird Avoidance Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would implement a Seabird Avoidance Program 
in the Pacific Coast Groundfish Fishery. The proposed rule was 
recommended by the Pacific Fishery Management Council (Council) in 
November 2013 and is specifically designed to minimize the take of ESA-
listed short-tailed albatross (Phoebastria albatrus). A 2012 U.S. Fish 
and Wildlife Service Biological Opinion required NMFS to initiate 
implementation of regulations within 2 years mandating the use of 
seabird avoidance measures by vessels greater than or equal to 55 feet 
length overall (LOA) using bottom longline gear to harvest groundfish. 
The seabird avoidance measures, including streamer lines that deter 
birds from ingesting baited hooks, are modeled after a similar 
regulatory program in effect for the Alaskan groundfish fishery.

DATES: Comments on this proposed rule must be received on or before 
October 9, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0099, 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-2014-0099 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to William W. Stelle, Jr., 
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; Attn: Steve Copps.
     Fax: 206-526-6736; Attn: Steve Copps.
    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, etc.), 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: Steve Copps, 206-526-6158; (fax) 206-
526-6736; steve.copps@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The purpose of the proposed rule is to reduce interactions between 
ESA-listed seabirds and groundfish longline gear. Many seabirds attack 
baited hooks as the longline is being set and become lethally hooked 
and drowned. The proposed rule would amend the regulations governing 
the Pacific Coast Groundfish Fishery (fishery) to require seabird 
avoidance measures--specifically the use of streamer lines and related 
provisions similar to those currently mandated in the Alaskan 
groundfish fishery--by vessels 55 ft LOA or greater in the bottom 
longline fishery.
    The proposed rule is needed to minimize takes of endangered short-
tailed albatross and comply with a 2012 Biological Opinion (Opinion) 
issued by the U.S. Fish and Wildlife Service. The 2012 Opinion 
evaluated the risks of continued operation of the Pacific Coast 
Groundfish Fishery on ESA-listed seabirds, including short-tailed 
albatross. The 2012 Opinion included a Term and Condition requiring 
NMFS to promulgate regulations mandating the use of streamer lines by 
certain longline vessels 55 feet LOA or greater, patterned on the 
Alaska streamer line regulations. Accordingly, for the fishery to be 
exempt from ESA section 9 prohibition regarding the take of a listed 
species, NMFS must initiate implementation of streamer line regulations 
by November 21, 2014. The 2012 Opinion anticipates the yearly average 
take of one short-tailed albatross killed from longline hooks or trawl 
cables. As the short-tailed albatross population is expanding, it is 
expected to result in more interactions with the Pacific Coast 
Groundfish Fisheries. This action would implement one of the Terms and 
Conditions of the 2012 Opinion and reduce the risk of exceeding the 
take limits of short-tailed albatross contained in the Opinion, which 
in turn would reduce the risk of economic harm to the fishing industry 
that could result from the incidental take limit being exceeded.
    The proposed rule would require streamer lines, sometimes referred 
to as tori or bird-scaring lines, to be deployed as the longline gear 
is being set. A streamer line effectively fences off the longline from 
seabird interactions. The streamer line is a line (typically 50-fathoms 
or 90-meters long) that extends from a high point near the stern of the 
vessel to a drogue (usually a buoy with a weight). As the vessel moves 
forward the drogue creates tension in the line producing a span from 
the stern where the streamer line is aloft. The aloft section includes 
streamers made of UV

[[Page 53402]]

protected, brightly colored tubing spaced every 16 feet (5 meters). 
Streamers must be heavy enough to maintain a near-vertical fence in 
moderate to high winds. Individual streamers should extend to the water 
to prevent aggressive birds from getting to the groundline. When 
deployed in pairs--one from each side of the stern--streamer lines 
create a moving fence around the sinking groundline reducing or 
eliminating bird interactions. Streamer lines have been effective at 
reducing seabird bycatch in fisheries throughout the world, including 
Alaskan fisheries that are similar to Pacific Coast Groundfish 
Fisheries.
    In addition to this proposed regulatory action, NMFS has worked in 
collaboration with academia, NGOs, the fishing industry, coastal 
tribes, and Washington Sea Grant to develop a multi-dimensional seabird 
conservation initiative for the Pacific Coast Groundfish Fishery. The 
initiative includes research, industry outreach, and making free 
streamer lines available to any Pacific Coast longliner to encourage 
voluntary use. The importance of the initiative was emphasized in 2011 
by the take of a short-tailed albatross in the groundfish longline 
fishery off Oregon.
    This proposed rule would amend the regulations governing the 
Pacific Coast groundfish fishery to require seabird avoidance 
measures--specifically the use of streamer lines and related provisions 
currently mandated in the Alaskan groundfish fishery (50 CFR 
679.24(e))--by vessels 55 ft LOA or greater using bottom longline gear 
pursuant to the Pacific Coast Groundfish Fishery Management Plan (FMP). 
In sum, the regulation would:
     Require the use of streamer lines in the commercial 
longline fishery of the Pacific Coast Groundfish Fishery for non-tribal 
vessels 55 feet in length or greater;
     Require vessels to deploy one or two streamer lines 
depending on the type of longline gear being set;
     Require that streamer lines meet technical specifications 
and be available for inspection; and,
     Allow for a rough weather exemption from using streamer 
lines for safety purposes. The threshold for the rough weather 
exemption is a Gale Warning as issued by the National Weather Service.
    The proposed rule is designed to be consistent with the 
requirements of the Opinion and responsive to issues raised through the 
public process and consultation with experts.

Rough-Weather Exemption

    NMFS is proposing a rough-weather exemption to the streamer line 
regulations to address safety-at-sea concerns. NMFS consulted with the 
longline industry and the Council to identify a weather threshold where 
the deployment of streamer lines becomes hazardous. Based on these 
consultations, a National Weather Service Gale Warning is being 
proposed as the most appropriate threshold. When a Gale Warning is 
issued by the National Weather Service, fishermen would not be required 
to deploy streamer lines. This is designed to maintain safety at sea 
and effective reduction of seabird bycatch.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this proposed rule is consistent with 
the Pacific Coast Groundfish FMP, other provisions of the MSA, and 
other applicable law, subject to further consideration after public 
comment.
    NMFS and the Council prepared a draft Environmental Assessment (EA) 
for this regulation that is available on the Council's Web site at 
https://www.pcouncil.org/ or available from NMFS (see ADDRESSES).
    The Office of Management and Budget has determined that this 
proposed rule is not significant for purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
As a result, a regulatory flexibility analysis is not required, and 
none has been prepared. The analysis of the Chief Counsel was as 
follows:
    The proposed action is needed to minimize takes of endangered 
short-tailed albatross and comply with the 2012 Opinion issued by the 
U.S. Fish and Wildlife Service, as described previously. This action 
would implement one of the Terms and Conditions of the Opinion and 
reduce the risk of exceeding the take limits of short-tailed albatross, 
which in turn would reduce the risk of economic harm to the fishing 
industry that could result from the incidental take limit being 
exceeded.
    The proposed rule is not expected to have significant direct or 
indirect socioeconomic impacts because cost of the required streamer 
lines is currently being subsidized 100% by NMFS. If this subsidy 
program ends, the cost of the streamer lines would be negligible at 
$300 per pair. The cost is less than 0.1% of the average affected 
vessel's 2013 annual average ex-vessel revenue.
    Effective July 14, 2014, a business involved in finfish harvesting 
is a small business if it is independently owned and operated and not 
dominant in its field of operation (including its affiliates), and if 
it has combined annual receipts not in excess of $20.5 million for all 
its affiliated operations worldwide (See 79 FR 33647).
    NMFS conducted its analysis for this action using the new size 
standard. The affected entities by this rule are those vessels 55 ft 
LOA or larger that participate in the fishery or may seek to 
participate in the fishery. During 2013, 293 vessels used longline 
gear. Forty of these vessels were 55 ft LOA or larger of which 25 
vessels participated in the groundfish fishery. When ranked according 
to Pacific Coast ex-vessel revenues, the top vessel had revenues far 
less than $2.0 million and the top 3 vessels averaged $1.3 million in 
ex-vessel revenues. Average vessel revenues for the affected vessels in 
2013 are about $408,000. The average annual per vessel revenue based on 
Pacific Coast landings information and other information is well below 
$20.5 million; therefore, all of these vessels are considered small 
businesses under the RFA. Because each affected vessel is a small 
business, this proposed rule has an equal effect on all of these small 
entities, and therefore will impact a substantial number of these small 
entities in the same manner. Therefore this rule will not create 
disproportionate costs between small and large vessels/businesses.
    For the reasons above, the Chief Counsel for Regulation certified 
that this rule will not have a significant economic impact on a 
substantial number of small entities.
    NMFS issued Biological Opinions under the Endangered Species Act 
(ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September 
27, 1993, May 14, 1996, and December 15, 1999 pertaining to the effects 
of the Groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake 
River spring/summer, Snake River fall, upper Columbia River spring, 
lower Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley spring, California coastal), coho salmon (Central 
California coastal, southern Oregon/northern California coastal), chum 
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake 
River, Ozette Lake), and steelhead (upper, middle and lower Columbia

[[Page 53403]]

River, Snake River Basin, upper Willamette River, central California 
coast, California Central Valley, south/central California, northern 
California, southern California). These biological opinions have 
concluded that implementation of the FMP is not expected to jeopardize 
the continued existence of any endangered or threatened species under 
the jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat.
    NMFS issued a Supplemental Biological Opinion on March 11, 2006 
concluding that neither the higher observed bycatch of Chinook in the 
2005 whiting fishery nor new data regarding salmon bycatch in the 
groundfish bottom trawl fishery required a reconsideration of its prior 
``no jeopardy'' conclusion. NMFS also reaffirmed its prior 
determination that implementation of the FMP is not likely to 
jeopardize the continued existence of any of the affected ESUs. Lower 
Columbia River coho (70 FR 37160, June 28, 2005) and Oregon Coastal 
coho (73 FR 7816, February 11, 2008) were recently relisted as 
threatened under the ESA. The 1999 biological opinion concluded that 
the bycatch of salmonids in the Pacific whiting fishery were almost 
entirely Chinook salmon, with little or no bycatch of coho, chum, 
sockeye, and steelhead.
    On December 7, 2012, NMFS completed a biological opinion concluding 
that the groundfish fishery is not likely to jeopardize non-salmonid 
marine species including listed eulachon, green sturgeon, humpback 
whales, Steller sea lions, and leatherback sea turtles. The opinion 
also concluded that the fishery is not likely to adversely modify 
critical habitat for green sturgeon and leatherback sea turtles. An 
analysis included in the same document as the opinion concluded that 
the fishery is not likely to adversely affect green sea turtles, olive 
ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific 
right whales, blue whales, fin whales, sperm whales, Southern Resident 
killer whales, Guadalupe fur seals, or the critical habitat for Steller 
sea lions.
    As Steller sea lions and humpback whales are also protected under 
the Marine Mammal Protection Act (MMPA), incidental take of these 
species from the groundfish fishery must be addressed under MMPA 
section 101(a)(5)(E). West coast pot fisheries for sablefish are 
considered Category II fisheries under the MMPA's List of Fisheries, 
indicating occasional interactions. All other west coast groundfish 
fisheries, including the trawl fishery, are considered Category III 
fisheries under the MMPA, indicating a remote likelihood of or no known 
serious injuries or mortalities to marine mammals. On February 27, 
2012, NMFS published notice that the incidental taking of Steller sea 
lions in the West Coast groundfish fisheries is addressed in NMFS' 
December 29, 2010 Negligible Impact Determination (NID) and this 
fishery has been added to the list of fisheries authorized to take 
Steller sea lions. 77 FR 11493 (Feb. 27, 2012). NMFS is currently 
developing MMPA authorization for the incidental take of humpback 
whales in the fishery.
    On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) 
issued a biological opinion concluding that the groundfish fishery will 
not jeopardize the continued existence of the short-tailed albatross. 
The 2012 Opinion evaluated the risks of continued operation of the 
Pacific Coast groundfish fishery on ESA-listed seabirds, including 
short-tailed albatross. The 2012 Opinion included a Term and Condition 
requiring NMFS to promulgate regulations mandating the use of streamer 
lines by longline vessels 55 feet LOA or greater, patterned on the 
Alaska streamer line regulations. Accordingly, for the fishery to be 
exempt from the ESA section 9 prohibition regarding take of a listed 
species, NMFS must initiate implementation of streamer line regulations 
by November 21, 2014. The 2012 Opinion anticipates the yearly average 
take of one short-tailed albatross killed from longline hooks or trawl 
cables. As the short-tailed albatross population is expanding, it is 
expected to result in more interactions with the Pacific Coast 
Groundfish Fisheries. This action would implement one of the Terms and 
Conditions of the 2012 Opinion and reduce the risk of exceeding the 
take limits of short-tailed albatross, which in turn would reduce the 
risk of economic harm to the fishing industry that could result from 
the incidental take limit being exceeded. The FWS also concurred that 
the fishery is not likely to adversely affect the marbled murrelet, 
California least tern, southern sea otter, bull trout, or bull trout 
critical habitat.
    This proposed rule does not contain a collection-of-information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA).
    Public comment is sought on all aspects of this proposed rule. Send 
comments to NMFS, West Coast Region at the ADDRESSES above.
    This proposed rule was developed after meaningful collaboration, 
through the Council process, with the tribal representative on the 
Council. The proposed regulations have no direct effect on the tribes.

List of Subjects in 50 CFR Part 660

    Fisheries.

    Dated: September 4, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons stated in the preamble, NMFS proposes to amend 50 
CFR part 660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S. C. 1801 et seq. and 16 U.S. C. 773 et seq.

0
2. In Sec.  660.11, add paragraph (6)(i)(A) to the definition of 
``Fishing gear'' and add the definition for ``Seabird'' in alphabetical 
order to read as follows:


Sec.  660.11  General definitions.

* * * * *
    Fishing gear * * *
    (6) * * *
    (i) * * *
    (A) Snap gear means a type of bottom longline gear where the hook 
and gangion are attached to the groundline using a mechanical fastener 
or snap.
* * * * *
    Seabird means those bird species that habitually obtain their food 
from the sea below the low water mark.
* * * * *
0
3. In Sec.  660.12, paragraph (a)(15) is added to read as follows:


Sec.  660.12  General groundfish prohibitions.

    (a) * * *
    (15) Fail to comply with the requirements of the Seabird Avoidance 
Program described in Sec.  660.61 when commercial fishing for 
groundfish using bottom longline gear.
* * * * *
0
4. Add Sec.  660.61 to read as follows:


Sec.  660.61  Seabird Avoidance Program.

    This section contains the requirements of the Seabird Avoidance 
Program.
    (a) Purpose. The purpose of the Seabird Avoidance Program is to 
minimize interactions between fishing gear and seabird species, 
including short-tailed albatross (Phoebastria albatrus).
    (b) Applicability. The requirements specified in paragraph (c) of 
this section apply to the following fishing vessels:
    (1) Vessels greater than or equal to 55 ft (16.8 m) LOA engaged in 
commercial

[[Page 53404]]

fishing for groundfish with bottom longline gear as defined in Sec.  
660.11 pursuant to the gear switching provisions of the Limited Entry 
Trawl Fishery, Shoreside IFQ Program as specified in Sec.  660.140(k), 
or pursuant to Subparts E or F of this Part, except as provided in 
paragraph (b)(2) of this section.
    (2) Exemptions. The requirements specified in paragraph (c) of this 
section do not apply to Pacific Coast treaty Indian fisheries, as 
described at Sec.  660.50, or to anglers engaged in recreational 
fishing for groundfish, as described in Subpart G of this Part.
    (c) Seabird Avoidance Requirements.
    (1) General Requirements. The operator of a vessel described in 
660.61(b)(1) must:
    (i) Gear onboard. Have onboard the vessel seabird avoidance gear as 
specified in paragraph (c)(2) of this section;
    (ii) Gear inspection. Upon request by an authorized officer or 
observer, make the seabird avoidance gear available for inspection;
    (iii) Gear use. Use seabird avoidance gear as specified in 
paragraph (c)(2) of this section that meets the standards specified in 
paragraph (c)(3) of this section while bottom longline and snap gears 
are being deployed.
    (iv) Handling of hooked short-tailed albatross.
    (A) Safe release of live short-tailed albatross. Make every 
reasonable effort to ensure short-tailed albatross brought on board 
alive are released alive and that, whenever possible, hooks are removed 
without jeopardizing the life of the bird(s). If the vessel operator 
determines, based on personal judgment, that an injured bird is likely 
to die upon release, the vessel operator is encouraged to seek 
veterinary care in port. Final disposition of an injured bird will be 
with a Wildlife Rehabilitator. If needed, phone the U.S. Fish and 
Wildlife Service at 503-231-6179 to assist in locating a qualified 
Wildlife Rehabilitator to care for the short-tailed albatross.
    (B) Dead short-tailed albatross must be kept as cold as practicable 
while the vessel is at sea and frozen as soon as practicable upon 
return to port. Carcasses must be labeled with the name of vessel, 
location of hooking in latitude and longitude, and the number and color 
of any leg band if present on the bird. Leg bands must be left attached 
to the bird. Phone the U.S. Fish and Wildlife Service at 503-231-6179 
to arrange for the disposition of dead short-tailed albatross.
    (C) All hooked short-tailed albatross must be reported to U.S. Fish 
and Wildlife Service Law Enforcement by the vessel operator by phoning 
360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA) as soon as 
practicable upon the vessel's return to port.
    (D) If a NMFS-certified fisheries observer is on board at the time 
of a hooking event, the observer shall be responsible for the 
disposition of any captured short-tailed albatross and for reporting to 
U.S. Fish and Wildlife Service Law Enforcement. Otherwise, the vessel 
operator shall be responsible.
    (2) Gear Requirements. The operator of a vessel identified in 
paragraph (b)(1) of this section must comply with the following gear 
requirements:
    (i) Snap gear. Vessels using snap gear as defined at Sec.  660.11 
must deploy a minimum of a single streamer line in accordance with the 
requirements of paragraphs (c)(3)(i)-(ii) of this section, except as 
provided in paragraph (c)(2)(iii) of this section.
    (ii) Bottom longline. Vessels using bottom longline gear must 
deploy streamer lines in accordance with the requirements of paragraphs 
(c)(3)(i) and (c)(3)(iii) of this section, except as provided in 
paragraph (c)(2)(iii) of this section.
    (iii) Weather Safety Exemption. Vessels are exempted from the 
requirements of paragraph (c)(1)(iii) of this section when a National 
Weather Service Gale Warning is in effect. This exemption applies only 
during the time and within the area indicated in the National Weather 
Service Gale Warning.
    (3) Gear performance and material standards:
    (i) Material standards for all streamer lines. All streamer lines 
must:
    (A) Have streamers spaced a maximum of every 16 ft 5 in (5 m);
    (B) Have individual streamers that hang attached to the mainline to 
10 in (0.25 m) above the waterline in the absence of wind.
    (C) Have streamers constructed of material that is brightly 
colored, UV-protected plastic tubing or \3/8\-inch polyester line or 
material of an equivalent density.
    (ii) Snap gear streamer standards. For vessels using snap gear, a 
streamer line must:
    (A) Be a minimum length of 147 ft 7 in (45 m).
    (B) Be deployed so that streamers are in the air a minimum of 65 ft 
7 in (20 m) aft of the stern and within 6 ft 7 in (2 m) horizontally of 
the point where the main groundline enters the water before the first 
hook is set.
    (iii) Bottom longline streamer line standards. Vessels using bottom 
longline gear but not snap gear must use paired streamer lines meeting 
the following requirements:
    (A) Streamer lines must be a minimum length of 300 feet (91.4 m);
    (B) Streamer lines must be deployed so that streamers are in the 
air a minimum of 131 ft (40m) aft of the stern for vessels under 100 ft 
(30.5 m) LOA and 197 ft (60m) aft of the stern for vessels 100 ft (30.5 
m) or over.
    (C) At least one streamer line must be deployed in accordance with 
paragraph (c)(3)(iii)(B) before the first hook is set and a second 
streamer line must be deployed within 90 seconds thereafter.
    (D) For vessels deploying bottom longline gear from the stern, the 
streamer lines must be deployed from the stern, one on each side of the 
main groundline.
    (E) For vessels deploying bottom longline gear from the side, the 
streamer lines must be deployed from the stern, one over the main 
groundline and the other on one side of the main groundline.
0
5. In Sec.  660.140, paragraph (k)(1)(iv) is revised to read as 
follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (k) * * *
    (1) * * *
    (iv) The vessel must comply with prohibitions applicable to limited 
entry fixed gear fishery as specified at Sec.  660.212, gear 
restrictions applicable to limited entry fixed gear as specified in 
Sec. Sec.  660.219 and 660.230(b), and management measures specified in 
Sec.  660.230(d), including restrictions on the fixed gear allowed 
onboard, its usage, and applicable fixed gear groundfish conservation 
area restrictions, except that the vessel will not be subject to 
limited entry fixed gear trip limits when fishing in the Shorebased IFQ 
Program. Vessels using bottom longline and snap gears as defined at 
Sec.  660.11 are subject to the requirements of the Seabird Avoidance 
Program described in Sec.  660.61.
* * * * *
0
6. In Sec.  660.230, paragraph (b)(5) is added to read as follows:


Sec.  660.230  Fixed gear fishery-management measures.

* * * * *
    (b) * * *
    (5) Vessels fishing with bottom longline and snap gears as defined 
at Sec.  660.11 are subject to the requirements of the Seabird 
Avoidance Program described in Sec.  660.61.
* * * * *
0
7. In Sec.  660.330, paragraph (b)(2)(i) is revised to read as follows:

[[Page 53405]]

Sec.  660.330  Open access fishery-management measures.

* * * * *
    (b) * * *
    (2) * * *
    (i) Fixed gear (longline, trap or pot, set net and stationary hook-
and-line gear, including commercial vertical hook-and-line gear) must 
be attended at least once every 7 days. Vessels fishing with bottom 
longline and snap gears as defined at Sec.  660.11 are subject to the 
requirements of the Seabird Avoidance Program described in Sec.  
660.61.
* * * * *
[FR Doc. 2014-21474 Filed 9-8-14; 8:45 am]
BILLING CODE 3510-22-P