[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30799-30803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140128077-4375-01]
RIN 0648-BD93


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States

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

ACTION: Proposed rule; request for comments.

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SUMMARY: At the request of the New England Fishery Management Council, 
this action would add a new method for on-reel trawl gear stowage when 
fishing vessels are transiting closed areas or fishing in areas with 
mesh size restrictions. Specifically, this action proposes to allow the 
use of a highly visible orange mesh material, in addition to the 
current requirement to use a tarp or similar canvas material. In 
addition, this action would remove the requirement to detach the towing 
wires from the doors for all on-reel gear stowage. Finally, to help 
streamline the gear stowage requirements, this action also proposes to 
reorganize the current gear stowage regulations. This action would be 
implemented under authority delegated to the NMFS Regional 
Administrator, at the request of the Council. This action is intended 
to improve safety of fishing operations while at sea.

DATES: Comments must be received on this action by June 30, 2014.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0018, 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0018, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope: ``Comments on Gear Stowage.''
    Instructions: All comments received are part of the public record 
and will generally be posted to www.regulations.gov without change. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted via Microsoft Word, Microsoft Excel, 
WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, phone: (978) 281-9177.

SUPPLEMENTARY INFORMATION: 

Background

    The current trawl gear stowage regulations, at 50 CFR 648.23(b), 
require that trawl gear being stowed on the net reel be covered with a 
``canvas or similar opaque material'' when transiting closed areas and 
areas with mesh size restrictions. The industry typically uses a 
commonly available opaque plastic tarp to meet this requirement, which 
is intended to help facilitate enforcement. However, industry has 
raised two safety concerns with this requirement. First, the tarps most 
frequently used have very few places where a rope or similar material 
can be attached to assist in pulling the tarp over the net reel. As a 
result, crew members at sea often have to climb or stand on the net 
reel or surrounding parts of the vessel to successfully cover the reel. 
This creates a safety concern for crew members who may slip or fall and 
injure themselves or others. In addition, because the tarps are non-
porous, they catch wind, similar to a sail, adding to the difficulty of 
covering the net reel and increasing the safety risks.
    As a result of these safety concerns, the New England Fishery 
Management Council's Enforcement Committee has been working with the 
fishing industry and the United States Coast Guard (USCG) to develop an 
alternative to the tarp requirement for stowing trawl nets on the reel. 
Through public workshops and at-sea trials, the industry, USCG, and 
NOAA's National Marine Fisheries Service (NMFS) developed an orange 
mesh material as a safer alternative to the current tarp requirement. 
At its September 2013 meeting, the Council approved a motion requesting 
that the Regional Administrator implement two new trawl gear stowage 
methods and modify one provision of the existing methods. This action 
proposes to add a provision to allow the use of a highly visible orange 
mesh material, as an alternative to the current requirement to use a 
tarp or similar canvas material. This action would be implemented under 
authority delegated to the NMFS Regional Administrator at Sec.  
648.23(b)(5), at the request of the Council.
    In addition, when considering this revision to the gear stowage 
regulations, the Committee examined whether the current requirement 
that the ``towing wires are detached from the doors'' also presents 
safety concerns. When trawl gear is being stowed, detaching the wires 
leaves the doors unsecured and swinging freely, which can result in 
damage to the vessel. This is particularly problematic for smaller 
fiberglass vessels. If the wires were allowed to remain attached to the 
doors, the doors could be held securely in place, preventing them from 
moving and causing damage to the vessel or injuring crew. The 
Committee, with concurrence from the USCG and NMFS Office of Law 
Enforcement, concluded that this measure is no longer needed to conduct 
enforcement and, as such, recommends this measure be removed from the 
regulations pertaining to all on-reel gear stowage requirements.
    As a result, the new stowage method would not include the 
requirement to remove the towing wires from the doors for all on-reel 
trawl gear stowage methods where it currently applies.
    NMFS is also taking this opportunity under its authority at section 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act 
to reorganize the current gear stowage regulations. Currently, all 
Northeast region gear stowage regulations reside under the Atlantic 
mackerel, squid, and butterfish (MSB) regulations at subpart B of 50 
CFR part 648. The gear stowage regulations were originally implemented 
in Amendment 1 to the Northeast Multispecies Fishery Management Plan as 
part of the exempted fishing programs. These regulations were 
subsequently expanded and modified a number of times. In 1996, NMFS 
undertook a comprehensive reorganization of fishery regulations in 
response to a Presidential directive. As a result, the gear stowage 
regulations that had previously been part of the Northeast multispecies 
regulations were moved to the MSB

[[Page 30800]]

regulations. While there is not information available as to exactly why 
this move occurred, it is likely because the MSB fisheries constitute a 
large majority of the small-mesh fisheries, which were the original 
reason for implementing the gear stowage regulations.
    Consequently, when considering updating or revising the gear 
stowage regulations for fisheries other than MSB, the rulemaking 
process is unnecessarily complex and challenging, since these 
regulations are in the MSB regulations, but in fact are referenced by 
several other fisheries. To help streamline the regulations and to 
assist in making future adjustments to these regulations, NMFS is 
proposing to move the entirety of the gear stowage regulations at Sec.  
648.23(b) to the definitions section of subpart A at Sec.  648.2. The 
way the regulations are currently organized can be interpreted that 
gear stowage regulations are specific to MSB, when in fact they apply 
to several fisheries. This change would clarify that these regulations 
apply to numerous fisheries and not just MSB. The current organization 
of these regulations also causes confusion with the Council process, 
since the regulations are within a section of the regulations managed 
by the Mid-Atlantic Council, but they actually apply to several 
fisheries, including fisheries managed by the New England Council. This 
change would make it clear that the gear stowage regulations apply to 
numerous fisheries, thus affecting fisheries managed by both Councils. 
Although this is outside of the request of the Council, this 
restructuring would not directly affect fisheries operations and would 
better organize the regulations. As such, this change would be 
beneficial to fisheries, future policy development, and Council 
proceedings.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the Assistant Administrator for Fisheries, NOAA, has determined 
that this proposed rule is consistent with the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    The proposed measures would affect Federal permit holders that use 
trawl gear. In 2013, there were 468 Federal permit holders that 
reported using trawl gear. All of these permit holders fall within the 
SBA's definition of a small business because each permit holder has 
annual receipts that do not exceed $19.0 million. The primary fisheries 
affected would be the Northeast multispecies, including small-mesh 
multispecies, herring, squid, mackerel, butterfish, summer flounder, 
scup, and black sea bass fisheries.
    This action would allow for additional methods of stowing trawl 
gear on the net reel to provide the industry with more flexibility and 
to help increase safety at sea. This action would not directly impact 
fisheries operations or the marine environment. This action would 
provide the opportunity to use a new gear stowage method: a mesh type 
material that could be used in lieu of the current requirement to use 
an opaque canvas type material. Based on industry input, testing, and 
at sea trials, a mesh type material would be easier and safer to work 
with than the current opaque canvas requirement. As a result, this 
action could increase safety at sea and vessel efficiency, thus 
potentially reducing vessel operating costs. Initially, converting from 
the current opaque canvas material to a mesh-like material could 
require an investment by the vessel operator; however, the mesh type 
materials that were tested are readily available with relatively low 
cost, commonly available for less than $100. In addition, this new 
storage method would not be required, but would merely provide a new 
gear stowage option as an alternative to the current method. As such, 
vessels could continue to use the current opaque canvas method and 
would not be required to purchase a new material or other equipment. As 
such, vessels that continued to use the current opaque material would 
incur no additional expenses. Therefore, because this action only 
proposes a new gear stowage option, and because no net change in 
fishing effort, participation in the fishery, or fishery expenses is 
expected, this action will not have a significant economic effect on a 
substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.2, add definition for ``not available for immediate 
use'' to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Not available for immediate use means that the gear is not being 
used for fishing and is stowed in conformance with one of the following 
methods:
    (1) Nets--(i) Below-deck stowage. (A) The net is stored below the 
main working deck from which it is deployed and retrieved;
    (B) The towing wires, including the leg wires, are detached from 
the net; and
    (C) The net is fan-folded (flaked) and bound around its 
circumference.
    (ii) On-deck stowage. (A) The net is fan-folded (flaked) and bound 
around its circumference;
    (B) The net is securely fastened to the deck or rail of the vessel; 
and
    (C) The towing wires, including the leg wires, are detached from 
the net.
    (iii) On-reel stowage. (A) The net is on the net reel;
    (B) The towing wires are detached from the net;
    (C) The codend of the net is removed from the net and stored below 
deck; and
    (D) The entire surface of the net is covered and securely bound by:
    (1) Canvas of other similar opaque material; or
    (2) A highly visible orange mesh material that is not capable of 
catching fish or being utilized as fishing gear. Highly visible orange 
mesh includes but is not limited to the orange fence material commonly 
used to enclose construction sites.
    (iv) On-reel stowage for vessels transiting the Gulf of Maine 
Rolling Closure Areas and the Georges Bank Seasonal Closure Area.
    (A) If a vessel is transiting the Gulf of Maine Rolling Closure 
Areas and the Georges Bank Seasonal Closure Area, not available for 
immediate use also means, the net is on the net reel;
    (B) No containment rope, codend tripping device, or other mechanism 
to

[[Page 30801]]

close off the codend is attached to the codend;
    (C) The entire surface of the net is covered and securely bound by:
    (1) Canvas of other similar opaque material; or
    (2) A highly visible orange mesh material that is not capable of 
catching fish or being utilized as fishing gear. Highly visible orange 
mesh includes but is not limited to the orange fence material commonly 
used to enclose construction sites.
    (2) Scallop dredges. (i) The towing wire is detached from the 
scallop dredge, the towing wire is completely reeled up onto the winch, 
the dredge is secured, and the dredge or the winch is covered so that 
it is rendered unusable for fishing; or
    (ii) The towing wire is detached from the dredge and attached to a 
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, 
with the towing wire left in its normal operating position (through the 
various blocks) and either is wound back to the first block (in the 
gallows) or is suspended at the end of the lifting block where its 
retrieval does not present a hazard to the crew and where it is readily 
visible from above.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, is covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, 
high flyers, and anchors are disconnected.
    (5) Other methods of stowage. Any other method of stowage 
authorized in writing by the Regional Administrator and subsequently 
published in the Federal Register.
* * * * *

Sec. Sec.  648.13, 648.14, 648.17, 648.23, 648.51, 648.58, 648.59, 
648.60, 648.61, 648.62, 648.80, 648.81, 648.82, 648.85, 648.86, 648.88, 
648.89, 648.90, 648.91, 648.94, 648.95, 648.108, 648.124, 648.125, 
648.144, 648.201 and 648.202 [Amended]

0
3. In the table below, for each section indicated in the left column, 
remove the reference in the middle column from wherever it appears in 
the section and add the text indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
Sec.   648.13(i)(2)(ix).....  in accordance with    and not available
                               Sec.                  for immediate use
                               648.23(b)(1);.        as defined in Sec.
                                                      648.2;
Sec.   648.14(g)(2)(iii)(A).  in accordance with    and not available
                               Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.14(i)(1)(vi)(B)..  unavailable for       not available for
                               immediate use as      immediate use as
                               defined in Sec.       defined in Sec.
                               648.23(b),.           648.2,
Sec.   648.14(i)(2)(v)(C)...  unavailable for       not available for
                               immediate use as      immediate use as
                               defined in Sec.       defined in Sec.
                               648.23(b),.           648.2,
Sec.   648.14(i)(3)(iv)(C)..  unavailable for       not available for
                               immediate use as      immediate use as
                               defined in Sec.       defined in Sec.
                               648.23(b),.           648.2,
Sec.   648.14(k)(5)(ii).....  in accordance with    and not available
                               Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.14(k)(5)(vi)(B)..  stowage requirements  definition of not
                               of Sec.               available for
                               648.23(b),.           immediate use as
                                                     defined in Sec.
                                                     648.2,
Sec.   648.14(k)(5)(vii)(B).  stowage requirements  definition of not
                               of Sec.               available for
                               648.23(b),.           immediate use as
                                                     defined in Sec.
                                                     648.2,
Sec.   648.14(k)(6)(i)(E)...  in accordance with    and not available
                               Sec.   648.23(b),.    for immediate use
                                                     as defined in Sec.
                                                      648.2,
Sec.   648.14(k)(13)(ii)(G).  in accordance with    with gear stowed and
                               Sec.   648.23(b).     not available for
                                                     immediate use as
                                                     defined in Sec.
                                                     648.2
Sec.   648.14(r)(1)(vi)(C)..  as required by Sec.   as defined in Sec.
                                648.23(b).           648.2
Sec.   648.14(r)(1)(vi)(F)..  as required by Sec.   as defined in Sec.
                                648.23(b).           648.2
Sec.   648.14(r)(1)(vii)(A).  is stowed as          is not available for
                               specified by Sec.     immediate use as
                               648.23(b).            defined in Sec.
                                                     648.2
Sec.   648.14(r)(1)(vii)(D).  as required by Sec.   and not available
                                648.23(b).           for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.17(b)(3).........  one of the            the definition of
                               applicable methods    not available for
                               specified in Sec.     immediate use as
                               648.23(b);.           defined in Sec.
                                                     648.2;
Sec.   648.23(a)(2).........  they are fishing      their gear is stowed
                               consistent with       and not available
                               exceptions            for immediate use
                               specified in          as defined in Sec.
                               paragraph (b) of       648.2
                               this section.
Sec.   648.23(a)(2)(ii).....  as specified in       and not available
                               paragraph (b) of      for immediate use
                               this section..        as defined in Sec.
                                                      648.2
Sec.   648.23(a)(3).........  paragraph (b) of      Sec.   648.2
                               this section.
Sec.   648.51(a)(1).........  specified in Sec.     defined in Sec.
                               648.23,.              648.2,
Sec.   648.51(b)(5)(ii)(C)..  in accordance with    and not available
                               Sec.   648.23(b)      for immediate use
                               and not available     as defined in Sec.
                               for immediate use.     648.2
Sec.   648.58(c)............  unavailable for       stowed and not
                               immediate use as      available for
                               defined in Sec.       immediate use as
                               648.23(b),.           defined in Sec.
                                                     648.2,
Sec.   648.59(f)............  in accordance with    and not available
                               Sec.   648.23(b)..    for immediate use
                                                     as defined in Sec.
                                                      648.2.
Sec.   648.60(a)(4).........  in accordance with    and not available
                               Sec.   648.23(b)..    for immediate use
                                                     as defined in Sec.
                                                      648.2.
Sec.   648.60(a)(7).........  in accordance with    and not available
                               Sec.   648.23(b),.    for immediate use
                                                     as defined in Sec.
                                                      648.2,
Sec.   648.61(b)............  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b)..    as defined in Sec.
                                                      648.2.
Sec.   648.62(b)(2).........  in accordance with    and not available
                               Sec.   648.23(b),.    for immediate use
                                                     as defined in Sec.
                                                      648.2,

[[Page 30802]]

 
Sec.   648.80(a)(3)(vi).....  as specified in Sec.  and not available
                                 648.23(b)..         for immediate use
                                                     as defined in Sec.
                                                      648.2.
Sec.   648.80(a)(4)(i)......  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2,
Sec.   648.80(a)(4)(ii).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2,
Sec.   648.80(a)(4)(iii)....  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2
Sec.   648.80(a)(4)(iv).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2
Sec.                          Such vessels, in      Such vessels may
 648.80(a)(4)(iv)(B)(2)        accordance with       stow additional
 introductory text.            Sec.   648.23(b),     nets in accordance
                               may stow additional   with the definition
                               nets not to exceed    of not available
                               150, counting the     for immediate use
                               deployed net.         as defined in Sec.
                                                      648.2 not to
                                                     exceed 150 nets,
                                                     counting the
                                                     deployed net.
Sec.   648.80(a)(6)(i)(E)...  in accordance with    and not available
                               one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b).             648.2,
Sec.   648.80(a)(7)(i)......  in accordance with    as defined in Sec.
                               one of the methods    648.2.
                               specified in Sec.
                               648.23(b).
Sec.   648.80(a)(7)(ii).....  in accordance with    and not available
                               one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b).             648.2,
Sec.   648.80(a)(7)(iii)(A).  in accordance with    and not available
                               one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b).             648.2.
Sec.   648.80(a)(10)(i)(C)..  unavailable for       not available for
                               immediate use in      immediate use as
                               accordance with       defined in Sec.
                               Sec.   648.23(b).     648.2.
Sec.   648.80(b)(2)(i)......  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2,
Sec.   648.80(b)(2)(ii).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2,
Sec.   648.80(b)(2)(iii)....  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(b)(2)(iv).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b),.    648.2,
Sec.                          Such vessels, in      Such vessels may
 648.80(b)(2)(iv)(B)(1)        accordance with       stow additional
 introductory text.            Sec.   648.23(b),     nets in accordance
                               may stow additional   with the definition
                               nets not to exceed    of not available
                               160, counting         for immediate use
                               deployed nets.        as defined in Sec.
                                                      648.2 not to
                                                     exceed 150 nets,
                                                     counting the
                                                     deployed net.
Sec.   648.80(b)(2)(vi).....  as specified in Sec.  and not available
                                 648.23(b).          for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.80(b)(3)(ii).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(b)(6).........  as specified in Sec.  and not available
                                 648.23(b).          for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.80(b)(9)(i)(E)...  in accordance with    and not available
                               one of the methods    for immediate use
                               described under       as defined in Sec.
                               Sec.   648.23(b).      648.2
Sec.   648.80(c)(2)(i)......  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(c)(2)(ii).....  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(c)(2)(iii)....  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(c)(2)(v)......  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.80(c)(2)(v)(B)(1)  Such vessels, in      Such vessels may
 introductory text.            accordance with       stow additional
                               Sec.   648.23(b),     nets in accordance
                               may stow additional   with the definition
                               nets not to exceed    of not available
                               160, counting         for immediate use
                               deployed nets.        as defined in Sec.
                                                      648.2 not to
                                                     exceed 150 nets,
                                                     counting the
                                                     deployed net.
Sec.   648.80(c)(3).........  in accordance with    as defined in Sec.
                               Sec.   648.23(b).     648.2
Sec.   648.81(b)(2)(iv).....  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(h)(2)(i)......  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(j)(2)(i)......  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(k)(2)(i)......  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(l)(2)(i)......  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(m)(2)(i)......  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.81(n)(3)(iii)....  pursuant to Sec.      and not available
                               648.23(b).            for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.82(b)(6)(iv).....  in accordance with    and not available
                               the provisions at     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.82(j)(1)(ii).....  in accordance with    and not available
                               Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.85(a)(3)(iii)....  according to the      and not available
                               regulations in Sec.   for immediate use
                                 648.23(b).          as defined in Sec.
                                                      648.2
Sec.   648.85(a)(3)(iv)(E)..  in accordance with    and not available
                               the regulations in    for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.85(a)(3)(vii)....  in accordance with    and not available
                               the regulations in    for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.85(b)(3)(x)(A)...  according to the      and not available
                               regulations at Sec.   for immediate use
                                 648.23(b).          as defined in Sec.
                                                      648.2
Sec.   648.85(b)(6)(iv)(J)..  Other gear may be on  When the vessel is
                               board the vessel,     fishing under the
                               provided it is        Regular B DAS
                               stowed when the       Program other gear
                               vessel is fishing     may be on board
                               under the Regular B   provided it is
                               DAS Program           stowed and not
                               pursuant to Sec.      available for
                               648.23(b.             immediate use as
                                                     defined in Sec.
                                                     648.2

[[Page 30803]]

 
Sec.   648.85(b)(8)(v)(E)(1)  in accordance with    and not available
 introductory text.            Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.86(a)(3)(ii).....  vessel complies with  vessel's gear is
                               the gear stowage      stowed and not
                               provisions            available for
                               specified in Sec.     immediate use as
                               648.23(b).            defined in Sec.
                                                     648.2
Sec.   648.86(b)(4)(ii).....  in accordance with    and not available
                               the provisions of     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.88(a)(2)(iv).....  in accordance with    and not available
                               the provisions at     for immediate use
                               Sec.   648.23(b).     as defined in Sec.
                                                      648.2
Sec.   648.89(a)............  must stow all other   all other gear on
                               fishing gear on       board must be
                               board the vessel as   stowed and not
                               specified in Sec.     available for
                               648.23(b).            immediate use as
                                                     defined in Sec.
                                                     648.2
Sec.   648.90(a)(5)(i)(D)(2)  in accordance with    and not available
 introductory text.            Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.90(a)(5)(i)(D)(3)  in accordance with    and not available
 introductory text.            Sec.   648.23(b).     for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.91(c)(2)(ii).....  as specified in Sec.  and not available
                                 648.23(b).          for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.94(e)............  in accordance with    as defined in Sec.
                               the regulations       648.2
                               specified under
                               Sec.   648.23(b).
Sec.   648.95(f)............  in accordance with    as defined in Sec.
                               the gear stowage      648.2
                               provisions
                               specified under
                               Sec.   648.23(b).
Sec.   648.108(e)...........  A net that is stowed  Nets must be stowed
                               in conformance with   and not available
                               one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b) and that     648.2.
                               can be shown not to
                               have been in recent
                               use is considered
                               to be not
                               ``available for
                               immediate use.''.
Sec.   648.124(c)...........  not available for     Stowed and not
                               immediate use and     available for
                               are stowed in         immediate use as
                               accordance with the   defined in Sec.
                               provisions of Sec.    648.2
                                648.23(b).
Sec.   648.125(a)(1)          in accordance with    and not available
 introductory text.            Sec.   648.23(b)(1).  for immediate use
                                                     as defined in Sec.
                                                      648.2
Sec.   648.125(a)(5)          in conformance with   and not available
 introductory text.            one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b).             648.2
Sec.   648.144(a)(4)          A net that is stowed  Nets must be stowed
 introductory text.            in conformance with   and not available
                               one of the methods    for immediate use
                               specified in Sec.     as defined in Sec.
                               648.23(b) and that     648.2.
                               can be shown not to
                               have been in recent
                               use, is considered
                               to be not
                               ``available for
                               immediate use.''.
Sec.   648.201(a)(2)          vessel complies with  Vessel's gear is
 introductory text.            the gear stowage      stowed and not
                               provisions            available for
                               specified in Sec.     immediate use as
                               648.23(b).            defined in Sec.
                                                     648.2
Sec.   648.201(b)...........  required by Sec.      defined in Sec.
                               648.23(b).            648.2
Sec.   648.201(c)...........  required by Sec.      defined in Sec.
                               648.23(b).            648.2
Sec.   648.202(a)...........  pursuant to Sec.      and not available
                               648.23(b).            for immediate use
                                                     as defined in Sec.
                                                      648.2
------------------------------------------------------------------------

Sec.  648.23  [Amended]

0
4. In Sec.  648.23, remove and reserve paragraph (b).

[FR Doc. 2014-11901 Filed 5-28-14; 8:45 am]
BILLING CODE 3510-22-P