Not available for immediate use
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.
Source
50 CFR § 648.2
Scoping language
In addition to the definitions in the Magnuson Act and in 600.10 of this chapter, the terms used in this part have the following meanings: