Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations, 57104-57194 [07-4904]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 57104-57194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4904]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Parts 229, 635, and 648



Taking of Marine Mammals Incidental to Commercial Fishing Operations; 
Atlantic Large Whale Take Reduction Plan Regulations; Final Rule

Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules 
and Regulations

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 229, 635, and 648

[Docket No. 0612242977-7216-01; I.D. 120304D]
RIN 0648-AS01


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the regulations 
implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP). 
This final rule revises the management measures for reducing the 
incidental mortality and serious injury to the Northern right whale 
(Eubalaena glacialis), humpback whale (Megaptera novaeangliae), and fin 
whale (Balaenoptera physalus) in commercial fisheries to meet the goals 
of the Marine Mammal Protection Act (MMPA) and the Endangered Species 
Act (ESA). The measures identified in the ALWTRP are also intended to 
benefit minke whales (Balaenoptera acutorostrata), which are not 
strategic, but are known to be taken incidentally in commercial 
fisheries. This final rule implements additional regulations for the 
fisheries currently covered by the ALWTRP (the Northeast sink gillnet, 
Northeast/Mid-Atlantic American lobster trap/pot, Mid-Atlantic gillnet, 
Southeast Atlantic gillnet, and Southeastern U.S. Atlantic shark 
gillnet fisheries) and regulates several fisheries from the MMPA List 
of Fisheries for the first time under the ALWTRP, including the 
following: Northeast anchored float gillnet, Northeast drift gillnet, 
Atlantic blue crab, and Atlantic mixed species trap/pot fisheries 
targeting crab (red, Jonah, and rock), hagfish, finfish (black sea 
bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), and 
white hake), conch/whelk, and shrimp.

DATES: The amendments to Sec. Sec.  229.2, 229.3, and 648.264(a)(6)(i) 
are effective April 5, 2008 and the amendment to Sec.  635.69(a)(3) is 
effective November 5, 2007.
    As specified in the regulatory text section of this document, 
amendments to Sec.  229.32 are effective as follows:
     Paragraphs (f) introductory text, (f)(2), and (f)(3) are 
revised effective November 5, 2007;
     Amendments to Sec.  229.32(f)(1)(iii) and 
(g)(4)(i)(B)(1)(vi) are added effective November 5, 2007 to April 5, 
2008;
     Paragraphs (f)(1)(ii) and (g)(4)(i)(B)(1)(iii) are removed 
and reserved effective November 5, 2007;
     Subsequent revision of Sec.  229.32 is effective April 5, 
2008 except for paragraphs (c)(5)(ii)(B), (c)(6)(ii)(B), (c)(7)(ii)(C), 
(c)(8)(ii)(B), (c)(9)(ii)(B), (d)(6)(ii)(D), and (d)(7)(ii)(D), which 
will be effective October 5, 2008.

ADDRESSES: Copies of the Final Environmental Impact Statement/
Regulatory Impact Review for this action can be obtained from the 
ALWTRP Web site listed under the Electronic Access portion of this 
document. Atlantic Large Whale Take Reduction Team (ALWTRT) meeting 
summaries, progress reports on implementation of the ALWTRP, and the 
small entity compliance guide may be obtained by writing Diane 
Borggaard, NMFS, Northeast Region, 1 Blackburn Drive, Gloucester, MA 
01930. For additional ADDRESSES and Web sites for document availability 
see SUPPLEMENTARY INFORMATION section.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Mary Colligan, Assistant Regional 
Administrator for Protected Resources, National Marine Fisheries 
Service, Northeast Region, 1 Blackburn Drive, Gloucester, MA 01930 and 
by e-mail to David--Rostker@omb.eop.gov, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast 
Region, 978-281-9300 Ext. 6503, diane.borggaard@noaa.gov; Kristy Long, 
NMFS, Office of Protected Resources, 301-713-2322, 
kristy.long@noaa.gov; or Barb Zoodsma, NMFS, Southeast Region, 904-321-
2806, barb.zoodsma@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Several of the background documents for the ALWTRP and the take 
reduction planning process can be downloaded from the ALWTRP Web site 
at https://www.nero.noaa.gov/whaletrp/. Copies of the most recent marine 
mammal stock assessment reports may be obtained by writing to Dr. 
Richard Merrick, NMFS, 166 Water Street, Woods Hole, MA 02543 or can be 
downloaded from the Internet at https://www.nefsc.noaa.gov/psb/
assesspdfs.htm. The complete text of the regulations implementing the 
ALWTRP can be found either in the Code of Federal Regulations (CFR) at 
50 CFR 229.32 or downloaded from the Web site, along with a guide to 
the regulations.

Background

    This final rule implements modifications to the ALWTRP as suggested 
by the ALWTRT, as well as modifications deemed necessary by NMFS to 
meet the goals of the MMPA and ESA. Details concerning the development 
and justification of this final rule were provided in the preamble to 
the proposed rule (70 FR 35894, June 21, 2005) and are not repeated 
here. This final rule also incorporates a recent amendment to the 
ALWTRP (72 FR 34632, June 25, 2007) that implemented, with revisions, 
previous ALWTRP regulations by expanding the Southeast U.S. Restricted 
Area to include waters within 35 nm (64.82 km) of the South Carolina 
coast, dividing the Southeast U.S. Restricted Area into Southeast U.S. 
Restricted Areas North and South, and modified regulations pertaining 
to gillnetting within the Southeast U.S. Restricted Area.

Changes to the Boundaries and Seasons

    The ALWTRP gear modifications for regulated areas of the east coast 
will extend out to the eastern edge of the exclusive economic zone 
(EEZ) (effective April 7, 2008) (See Figures 1 and 2). The ALWTRP will 
also modify seasonal requirements along the east coast (effective April 
7, 2008). Broad-based gear modifications will be required on a year-
round basis from Maine to 41[deg]18.2' N. lat. and 71[deg]51.5' W. 
long. (Watch Hill, RI), south to 40[deg]00' N. lat., and east to the 
eastern edge of the EEZ. NMFS will require gear modifications in the 
Mid and South Atlantic (called ``Mid/South Atlantic'' from this point) 
on a seasonal basis, from September 1 to May 31, when more sightings 
are reported and the risk of entanglement with commercial fishing gear 
is greater. Under this final rule, a line drawn from 41[deg]18.2' N. 
lat. and 71[deg]51.5' W. long. (Watch Hill, RI), south to 40[deg]00' N. 
lat., and east to the eastern edge of the EEZ, will serve as the 
northern boundary for seasonal gear modifications in the Mid/South 
Atlantic and 32[deg]00' N. lat. (near Savannah, GA) east to the eastern 
edge of the EEZ will serve as the southern boundary. Portions of the 
Mid/South Atlantic Gillnet Waters (i.e., waters within 35 nm (64.82 km) 
of the South Carolina coast) will be included in the Southeast U.S. 
Restricted Area (a gillnet management area) during the restricted 
periods associated with the right whale calving season (i.e. November 
15 to April 15).

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    NMFS is revising the seasons and boundaries for the southeast from 
November 15 to April 15 for all ALWTRP regulated fisheries, except for 
the gillnet fisheries modified through the recent amendment to the 
ALWTRP (72 FR 34632, June 25, 2007), between 32[deg]00' N. lat. (near 
Savannah, GA) and 29[deg]00' N. lat. (near New Smyrna Beach, FL) east 
to the eastern edge of the EEZ. From December 1 to March 31, 
restrictions will be required for the Atlantic blue crab and Atlantic 
mixed species trap/pot fisheries and the Southeast Atlantic gillnet 
fishery between 29[deg]00' N. lat. and 27[deg]51' N. lat. (near 
Sebastian Inlet, FL) east to the eastern edge of the EEZ, and for the 
Southeastern U.S. Atlantic shark gillnet fishery between 29[deg]00' N. 
lat. and 26[deg]46.50' N. lat. (near West Palm Beach, FL) east to the 
eastern edge of the EEZ. The Southeastern U.S. shark gillnet fishery as 
regulated in this final rule includes shark gillnetting with 5-inch 
(12.7-cm) or greater stretched mesh south of the South Carolina/Georgia 
border.

Changes to the Lobster Trap/Pot Gear Requirements

Northern Inshore State and Nearshore Trap/Pot Waters, Cape Cod Bay 
Restricted Area (May 16-December 31), Stellwagen Bank/Jeffreys Ledge 
Restricted Area, and Great South Channel Restricted Area (Nearshore 
Portion)

    The regulations for Northern Nearshore Trap/Pot Waters, Stellwagen 
Bank/Jeffreys Ledge Restricted Area, and the Federal portion of the 
Cape Cod Bay Restricted Area (May 16-December 31) will continue to 
require one buoy line on trawls of 5 or fewer traps.
    For Northern Inshore State Trap/Pot Waters and the state portion of 
the Cape Cod Bay Restricted Area (May 16-December 31), this final rule 
will eliminate the Lobster Take Reduction Technology List (i.e., a list 
of gear modification options) and require a 600-lb (272.2-kg) weak link 
on all flotation devices and/or weighted devices (except traps/pots, 
anchors, and leadline woven into the buoy line) attached to the buoy 
line (effective April 7, 2008).
    This final rule will also lower the weak link breaking strength on 
all flotation devices and/or weighted devices attached to the buoy line 
in the nearshore portion of the Great South Channel Restricted Area 
that overlaps with Lobster Management Area (LMA) 2 and the Outer Cape 
(July 1-March 31) from 2,000 lb (907.2 kg) to 600 lb (272.2 kg) 
(effective April 7, 2008). All fishermen in the nearshore portion of 
the Great South Channel Restricted Area will then be required to have a 
600-lb (272.2-kg) weak link on all flotation devices and/or weighted 
devices (except traps/pots, anchors, and leadline woven into the buoy 
line) attached to the buoy line.

Offshore Trap/Pot Waters Area and Great South Channel Restricted Area 
(Offshore Portion)

    This final rule will extend the southern boundary of the Offshore 
Trap/Pot Waters Area by following the 100-fathom (600-ft or 182.9-m) 
line from 35[deg]30' N. lat. (just north of Cape Hatteras, NC) to 
27[deg]51' N. lat. and then extending out to the eastern edge of the 
EEZ (effective April 7, 2008). In addition to the current requirements, 
this final rule will lower the maximum breaking strength of weak links 
and require weak links with appropriate breaking strength on all 
flotation devices and/or weighted devices (except traps/pots, anchors, 
and leadline woven into the buoy line) attached to the buoy line in 
Offshore Trap/Pot Waters that overlaps with the LMA 3 (including the 
area known as the Area 2/3 Overlap and Area 3/5 Overlap) and the 
offshore portion of the Great South Channel Restricted Area that 
overlaps with the LMA 2/3 overlap and LMA 3 Areas from 2,000 lb (907.2 
kg) to 1,500 lb (680.4 kg) (effective April 7, 2008).

Southern Nearshore Trap/Pot Waters Area

    This final rule will extend the southern boundary of the Southern 
Nearshore Trap/Pot Waters Area by following the 100-fathom (600-ft or 
182.9-m) line from 35[deg]30' N. lat. to 27[deg]51' N. lat. and then 
extending the boundary inshore to the shoreline or exempted areas. The 
Southern Nearshore Trap/Pot Waters is defined by LMAs 4, 5, and 6 
(except for the exempted areas) north of 35[deg]30' N. lat. and by the 
100-fathom (600-ft or 182.9-m) line west to the shoreline or exempted 
areas south of 35[deg]30' N. lat. In addition to the current 
requirements, this final rule will implement the regulations currently 
required in the Southern Nearshore Trap/Pot Waters in the portion of 
LMA 6 that is neither exempted under the ALWTRP waters (i.e., mouth of 
Long Island Sound) nor currently regulated by the ALWTRP (effective 
April 7, 2008). This final rule will also require a 600-lb (272.2-kg) 
weak link on all flotation devices and/or weighted devices (except 
traps/pots, anchors, and leadline woven into the buoy line) attached to 
the buoy line.

Changes to the Other Trap/Pot Gear Requirements

    Effective April 7, 2008, NMFS will regulate the following trap/pot 
fisheries under the ALWTRP (designated as ``Other Trap/Pot 
Fisheries''): Crab (red, Jonah, rock, and blue), hagfish, finfish 
(black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean 
perch), and white hake), conch/whelk, and shrimp. Through this final 
rule, these Other Trap/Pot fisheries will be required to comply with 
current ALWTRP regulations, including the universal gear modifications, 
and will follow the same area designations and requirements (e.g., weak 
links, Seasonal Area Management (SAM) program requirements as modified 
in this final rule, and Cape Cod Bay and Great South Channel Area 
restrictions) currently required and revised for the lobster trap/pot 
fisheries covered by the ALWTRP. Where applicable, these fisheries will 
also be regulated under the ALWTRP within the portion of LMA 6 that is 
not exempted by the ALWTRP (i.e., mouth of Long Island Sound). In 
addition to complying with the current ALWTRP requirements, the Other 
Trap/Pot Fisheries will be required to comply with the modifications 
for the lobster trap/pot fishery specified in this final rule 
(effective April 7, 2008) except for the groundline requirements where 
applicable as noted under the ``Broad-Based Gear Modifications'' 
section below.

Red Crab Trap/Pot Gear

    Through this final rule, the maximum weak link breaking strength 
will be lowered from 3,780 lb (1,714.6 kg) to 2,000 lb (907.2 kg). A 
2,000-lb (907.2-kg) weak link will be required on all flotation devices 
and/or weighted devices (except traps/pots, anchors, and leadline woven 
into the buoy line) attached to the buoy line in the red crab fishery 
(effective April 7, 2008).

Changes to the All Trap/Pot Gear Requirements

Broad-Based Gear Modifications

    The majority of the broad-based gear modifications identified in 
this final rule for trap/pot gear will become effective six months 
after publication of this final rule, April 7, 2008, except for the 
groundline requirement that will be phased-in and effective October 6, 
2008, except in SAM and Cape Cod Bay Restricted Areas. When the 
majority of the broad-based gear modifications become effective on 
April 7, 2008, the Dynamic Area Management (DAM) program will be 
eliminated. When the sinking/neutrally buoyant groundline

[[Page 57106]]

requirement becomes fully effective, October 6, 2008, this final rule 
will eliminate the Seasonal Area Management (SAM) program. However, 
until October 6, 2008, the Other Trap/Pot Fisheries will be subject to 
SAM program requirements (see modifications to area and gear 
requirements as noted in this final rule).

ALWTRP-Regulated Trap/Pot Waters

    Due to the addition of new trap/pot fisheries, ALWTRP-Regulated 
Lobster Waters will be re-designated as ALWTRP-Regulated Trap/Pot 
Waters to reflect the broader application of ALWTRP requirements. 
Accordingly, under the final rule, the term ``lobster trap/pot'' will 
be replaced with ``trap/pot'' where it appears in the regulations 
implementing the ALWTRP.

Boundaries and Seasons

    Under this final rule, the areas will be created by establishing a 
line that is bounded on the west by a line running from 41[deg]18.2' N. 
lat. and 71[deg]51.5' W. long. (Watch Hill, RI), south to 40[deg]00' N. 
lat., and east to the eastern edge of the EEZ. The gear fished in the 
area north of this line will be required to incorporate current and 
revised broad-based gear modifications year-round; the gear fished in 
the area south of this line to 32[deg]00' N. lat. and east to the 
eastern edge of the EEZ will require gear modifications from September 
1 to May 31 (effective April 7, 2008). Areas south of 32[deg]00' N. 
lat. will require gear modifications in the following areas and during 
the following seasonal time periods: between the 32[deg]00' N. lat. and 
29[deg]00' N. lat. east to the eastern edge of the EEZ from November 
15-April 15; between 29[deg]00' N. lat. and 27[deg]51' N. lat. east to 
the eastern edge of the EEZ from December 1 through March 31 (effective 
April 7, 2008).

Sinking/Neutrally Buoyant Groundlines

    Under this final rule, the lobster trap/pot fishery currently 
regulated by the ALWTRP, as well as the other trap/pot fisheries added 
through this final rule, will be required to use groundline composed 
entirely of sinking and/or neutrally buoyant line in the applicable 
areas and time periods effective twelve months after publication of 
this final rule (unless otherwise required in the Cape Cod Bay 
Restricted Area for trap/pots [January 1-May 15]). The sinking and/or 
neutrally buoyant groundline requirement will be effective in expanded 
SAM areas effective 6 months after publication of this final rule.
    Based on public comments received regarding the line between traps 
and anchors, and a review of the groundline definition, NMFS finds that 
the definition does not cover this portion of the gear. (The groundline 
definition ``with reference to trap/pot gear, means a line connecting 
traps in a trap trawl, and with reference to gillnet gear, means a line 
connecting a gillnet or gillnet bridle to an anchor or buoy line.'') 
NMFS did not specifically seek nor receive public comment on the 
groundline definition related to the line between traps and anchors, 
and accordingly cannot make any adjustments to the definition at this 
time. NMFS will be conducting further investigations of this gear 
configuration through contact with fishermen and states to determine 
how common a practice it is in trap/pot fisheries, determine the type 
of line used in this portion of the gear, quantify potential risk if 
floating line is used, determine any new issues that may be raised by 
requiring sinking and/or neutrally buoyant line in this area of the 
gear, and discuss the appropriate management response with the ALWTRT 
at the next meeting.

Weak Links

    Through this final rule, weak links of the appropriate breaking 
strength will be required on all flotation devices and/or weighted 
devices (except traps/pots, anchors, and leadline woven into the buoy 
line) attached to the buoy line (effective April 7, 2008) for all 
ALWTRP-regulated areas and fisheries during the time periods when 
ALWTRP restrictions apply. The Other Trap/Pot Fisheries added to the 
ALWTRP by this final rule will also be subject to the weak link 
requirements.

Changes to the Gillnet Gear Requirements

Other Northeast Gillnet Waters, Stellwagen Bank/Jeffreys Ledge 
Restricted Area, Cape Cod Bay Restricted Area (May 16-December 31), 
Great South Channel Restricted Area (July 1-March 31), and Great South 
Channel Sliver Restricted Area

Anchored Gillnets
    Under this final rule, NMFS will require an 1,100-lb (499.0-kg) 
weak link on all flotation devices and/or weighted devices (except 
gillnets, anchors, and leadline woven into the buoy line) attached to 
the buoy line (effective April 7, 2008). For anchored gillnets in the 
Northeast sink gillnet fishery, NMFS will also require an increase in 
the number of weak links per gillnet net panel from one weak link with 
a maximum breaking strength of 1,100 lb (499.0 kg) to five or more weak 
links with a maximum breaking strength of 1,100 lb (499.0 kg), 
depending on the length of the gillnet net panel (effective April 7, 
2008). The weak link requirement will apply to all variations in panel 
size. For example, gillnet net panels of 50 fathoms (300 ft or 91.4 m) 
or less in length, will be required to have one weak link in the 
floatline at the center of the gillnet net panel. For gillnet net 
panels greater than 50 fathoms (300 ft or 91.4 m), weak links will be 
placed continuously along the floatline separated by a maximum distance 
of 25 fathoms (150 ft or 45.7 m). For all variations in panel size, the 
following weak link requirements will apply: (1) Weak links will be 
placed in the center of each of the up and down lines at each end of 
each gillnet net panel, and (2) one floatline weak link will be placed 
as close as possible to each end of the gillnet net panel just before 
the floatline meets the up and down line. Up and down line means the 
line that connects the floatline and leadline at the end of each 
gillnet net panel.
    In addition to the above configuration for gillnet net panel weak 
links, NMFS will allow the following option for all variations in panel 
size: (1) Weak links will be placed in the center of each of the up and 
down lines at each end of each gillnet net panel, (2) weak links will 
be placed between the floatline tie loops between gillnet net panels, 
and (3) weak links will be placed between the floatline tie loop and 
bridle or buoy line at each end of a net string (depending on how the 
gear is configured) (see Figure 3). Tie loops mean the loops on a 
gillnet net panel used to connect gillnet net panels to the buoy line, 
groundline, bridle, or each other. NMFS will also be allowing the 
optional configuration in the current SAM areas, as well as in 
established DAM zones when a gear modification option is selected 
(effective November 5, 2007). See the Changes from Proposed Rule 
section (6) below for further information on the rationale for this 
optional configuration, as well as for allowing it in the current SAM 
areas and established DAM zones.
    For the above configuration options, weak links must be chosen from 
the following combinations approved by NMFS: Plastic weak links or rope 
of appropriate breaking strength. If rope of appropriate breaking 
strength is used throughout the floatline or as the up and down line, 
or if no up and down line is present, then individual weak links are 
not required on the floatline or up and down line. In addition, all 
anchored gillnets, regardless of the number of gillnet net panels, will 
be required to be securely anchored with the holding

[[Page 57107]]

capacity equal to or greater than a 22-lb (10.0-kg) Danforth-style 
anchor at each end of the net string (effective April 7, 2008). Dead 
weights and heavy leadline will not be available as an optional 
anchoring system. The same configuration option would be required for 
all gillnet net panels in a string.

Mid/South Atlantic Gillnet Waters

    Under this final rule, the Mid-Atlantic Coastal Waters Area will be 
expanded and renamed to include waters currently unregulated by the 
ALWTRP that include a component of the U.S. Mid-Atlantic gillnet 
fishery and Southeast Atlantic gillnet fishery. Specifically, gillnet 
fisheries in the waters from 72[deg]30' W. long., south to the 
Virginia/North Carolina border, east to the eastern edge of the EEZ, 
and extending south to 32[deg]00' N. lat. and out to the eastern edge 
of the EEZ will be referred to as Mid/South Atlantic Gillnet Waters 
(effective April 7, 2008). Portions of the Mid/South Atlantic Gillnet 
Waters (i.e., waters within 35 nm (64.82 km) of the South Carolina 
coast) are also included in the Southeast U.S. Restricted Area during 
the November 15 to April 15 right whale calving season.

Anchored Gillnets

    Under this final rule, all anchored gillnets in the Mid/South 
Atlantic Gillnet Waters must have an 1,100-lb (499.0-kg) weak link on 
all flotation devices and/or weighted devices (except gillnets, 
anchors, and leadline woven into the buoy line) attached to the buoy 
line (effective April 7, 2008). Additionally, if gillnets are not 
returned to port with the vessel they must contain five or more weak 
links depending on the length of the gillnet net panel, with a maximum 
breaking strength no greater than 1,100 lb (499.0 kg) for each gillnet 
net panel; and be anchored at each end with an anchor capable of the 
holding capacity equal to or greater than a 22-lb (10.0-kg) Danforth-
style anchor (effective April 7, 2008). The configuration options for 
gillnet net panel weak links and anchoring are similar to that 
specified for anchored gillnets in the Other Northeast Gillnet Waters 
section of this rule. The same configuration option would be required 
for all gillnet net panels in a string. All gillnets, even if returned 
to port with the vessel, must also contain one weak link with a maximum 
breaking strength no greater than 1,100 lb (499.0 kg) in the center of 
the floatline of each gillnet net panel up to and including 50 fathoms 
(300 ft or 91.4 m) in length, or at least every 25 fathoms (150 ft or 
45.7 m) along the floatline for longer panels in previously unregulated 
waters (effective April 7, 2008).
    Gillnets within 300 yards (900 ft or 274.3 m) of the shoreline of 
North Carolina that are not returned to port with the vessel will have 
an additional option for setting their gear. Gillnets set in this area 
may configure their gear as follows: five or more weak links per 
gillnet net panel (depending on the length of the gillnet net panel) 
with a maximum breaking strength of 600 lb (272.2 kg) must be deployed, 
and be anchored with the holding capacity equal to or greater than an 
8-lb (3.6-kg) Danforth-style anchor on the offshore end of the net 
string and with a dead weight equal to or greater than 31-lb (14.1-kg) 
on the inshore end of the net string (effective April 7, 2008). The 
entire net string must be set within 300 yards (900 ft or 274.3 m) of 
the beach in North Carolina for this optional anchoring system and 
gillnet net panel weak link configuration. This configuration is in 
addition to the final configuration of five or more weak links per 
gillnet net panel (depending on the length of the gillnet net panel) 
with a maximum breaking strength of 1,100-lb (499.0-kg), and anchored 
with the holding capacity equal to or greater than a 22-lb (10.0-kg) 
Danforth-style anchor on each end of the net string. Specifics on the 
configuration options for the placement of gillnet net panel weak links 
can be found in the Other Northeast Gillnet Waters section of this 
rule.
    At this time, NMFS is not regulating gillnets that are anchored to 
the beach and subsequently hauled onto the beach to retrieve the catch. 
This fishing technique is known to occur on the beaches of North 
Carolina. NMFS will be discussing the appropriate management measures 
for this unique fishery with the ALWTRT at a future meeting. In the 
meantime, NMFS will be conducting outreach and research on this fishery 
to support future discussions with the ALWTRT. NMFS will be 
coordinating with the North Carolina Department of Marine Fisheries to 
revise the definition for beach -based gear to help ensure landings are 
reported accurately for beach-based gear versus gillnets, among other 
issues.

Drift Gillnets

    Under this final rule, current requirements for drift gillnet gear 
in Mid/South Atlantic Gillnet Waters are expanded in time and space as 
noted in the Boundaries and Seasons section above (effective April 7, 
2008).

Other Southeast Gillnet Waters

    Under this final rule, the management area for the Southeast 
Atlantic gillnet and Southeastern U.S. Atlantic shark gillnet fisheries 
off Georgia and Florida will be expanded and renamed (effective April 
7, 2008). Specifically, this final rule will define the waters east of 
80[deg]00' W. long. from 32[deg]00' N. lat. south to 26[deg]46.5' N. 
lat. and out to the eastern edge of the EEZ as one ALWTRP management 
area named ``Other Southeast Gillnet Waters''. The expansion of this 
area east to the eastern edge of the EEZ will be consistent with the 
ALWTRP area boundary expansion in the Mid-Atlantic.
    Under this final rule, NMFS will establish the seasonal restricted 
time period in Other Southeast Gillnet Waters (effective April 7, 
2008). ALWTRP regulations for the Southeast Atlantic gillnet fishery 
operating in the Other Southeast Gillnet Waters between 32[deg]00' N. 
lat. to 29[deg]00' N. lat. (near New Smyrna Beach, FL) will be 
effective from November 15 to April 15, and between 29[deg]00' N. lat. 
and 27[deg]51' N. lat. will be effective from December 1 to March 31. 
For the Southeastern U.S. Atlantic shark gillnet fishery, ALWTRP 
regulations in the Other Southeast Gillnet Waters between 32[deg]00' N. 
lat. to 29[deg]00' N. lat. will be effective from November 15 to April 
15, and between 29[deg]00' N. lat. and 26[deg]46.5' N. lat. will be 
effective from December 1 to March 31.

Southeast Atlantic Gillnet Fishery

    All gillnet gear in Other Southeast Gillnet Waters will be 
regulated in the same manner as the Mid/South Atlantic anchored gillnet 
fishery (effective April 7, 2008). The regulated waters for the 
Southeast Atlantic gillnet fishery south of 32[deg]00' N. lat. to 
27[deg]51' N. lat. and east from 80[deg]00' W. long. to the eastern 
edge of the EEZ will be required to comply with the ALWTRP universal 
gear requirements (e.g., no buoy line floating at the surface and no 
wet storage of gear), as well as the following: gillnets must have all 
flotation devices and/or weighted devices (except gillnets, anchors, 
and leadline woven into the buoy line) attached to the buoy line with a 
weak link having a maximum breaking strength no greater than 1,100 lb 
(499.0 kg); and have all gillnet net panels containing weak links with 
a maximum breaking strength no greater than 1,100 lb (499.0 kg) in the 
center of each floatline of each 50 fathom (300 ft or 91.4m) gillnet 
net panel or every 25 fathoms (150 ft or 45.7 m) for longer panels 
(effective April 7, 2008).
    In addition, under this final rule, all gillnets in the Other 
Southeast Gillnet

[[Page 57108]]

Waters that are not returned to port with the vessel will be required 
to contain five or more weak links, depending on the length of the 
gillnet net panel, with a maximum breaking strength no greater than 
1,100 lb (499.0 kg) for each gillnet net panel; and be anchored at each 
end with an anchor with the holding capacity equal to or greater than a 
22-lb (10.0-kg) Danforth-style anchor (effective April 7, 2008). The 
configuration options for gillnet net panel weak links and anchoring 
are similar to that specified for anchored gillnets in the Other 
Northeast Gillnet Waters section of this final rule. The same 
configuration option would be required for all gillnet net panels in a 
string.

Southeastern U.S. Atlantic Shark Gillnet Fishery

    For the Southeastern U.S. Atlantic Shark gillnet fishery operating 
in Other Southeast Gillnet Waters, the following requirements will be 
in effect: (1) No net is set within 3 nautical miles (5.6 km) of a 
right, humpback, or fin whale; and (2) If a right, humpback, or fin 
whale moves within 3 nautical miles (5.6 km) of the set gear, the gear 
is removed immediately from the water (effective April 7, 2008).

Southeast U.S. Restricted Area (N and S) and Southeast U.S. Monitoring 
Area

    Under this final rule, the management areas for the Southeastern 
U.S. Atlantic shark gillnet and Southeast Atlantic gillnet fishery 
management areas will be redefined (effective April 7, 2008). 
Specifically, for the Southeastern U.S. Atlantic shark gillnet fishery, 
the regulated waters landward of 80[deg]00' W. long. from 27[deg]51' N. 
lat. to 26[deg]46.5' N. lat. will be designated as the Southeast U.S. 
Monitoring Area (rather than the Southeast U.S. Observer Area). For 
both the Southeastern U.S. Atlantic shark gillnet and Southeast 
Atlantic gillnet fisheries, the regulated waters landward of 80[deg]00' 
W. long. from 32[deg]00' N. lat. to 27[deg]51' N. lat. will be 
designated as the Southeast U.S. Restricted Area, consisting of a 
northern area ``N'' between 32[deg]00' N. lat. and 29[deg]00' N. lat. 
and a southern area ``S'' between 29[deg]00' N. lat. and 27[deg]51' N. 
lat.
    Under this final rule, the management areas for gillnet fisheries 
will be regulated with rolling restrictions (effective April 7, 2008). 
The Southeastern U.S. Atlantic shark gillnet and Southeast Atlantic 
gillnet fisheries will be regulated in waters from 32[deg]00' N. lat. 
to 29[deg]00' N. lat. (near New Smyrna Beach, FL) from November 15 
through April 15. The Southeastern U.S. Atlantic shark gillnet fishery 
will be regulated in waters from 29[deg]00' N. lat. to 26[deg]46.5' N. 
from December 1 through March 31, and the Southeast Atlantic gillnet 
fishery will be regulated in waters from 29[deg]00' N. lat. to 
27[deg]51' N. lat. from December 1 through March 31.
    NMFS is also allowing the use of vessel monitoring system (VMS) in 
lieu of the 100-percent observer coverage requirement for the 
Southeastern U.S. Atlantic shark gillnets in the newly defined 
Southeast U.S. Monitoring Area (27[deg]51' N. lat. to 26[deg]46.5' N.) 
under the ALWTRP (effective November 5, 2007). Although 100-percent 
observer coverage will no longer be required in this area, NMFS will 
retain observer coverage sufficient to produce statistically reliable 
results for evaluating the impact of the fishery on protected 
resources. In light of the revised change from 100-percent observer 
coverage to VMS, NMFS is changing the name of the ``Southeast U.S. 
Observer Area'' to the ``Southeast U.S. Monitoring Area.''
    Amendment 1 to the FMP for Atlantic Tunas, Swordfish, and Sharks 
(68 FR 74746, December 24, 2003; 69 FR 19979, April 15, 2004; and 69 FR 
28106, May 18, 2004) requires gillnet vessels issued directed shark 
limited access permits that have gillnet gear on board, regardless of 
their location, to employ a NMFS approved VMS during the right whale 
calving season specified in the ALWTRP regulations. Currently, as 
stated in the August 17, 2004, final rule (69 FR 51010, August 17, 
2004) specifying November 15, 2004, as the effective date of this 
requirement, the applicable right whale calving season is identified as 
November 15 through March 31. This final rule will change the right 
whale season specified in those regulations for the Southeast U.S. 
Monitoring Area to December 1 through March 31 and amend the regulatory 
text in 50 CFR 635.69(a)(3) regarding the Highly Migratory Species 
(HMS) VMS requirement for Southeastern U.S. Atlantic shark gillnet 
vessels.

Changes to the Other Gillnet Gear Requirements

Northeast Anchored Float Gillnet Fishery

    This final rule will regulate the Northeast anchored float gillnet 
fishery (gillnets anchored to the ocean floor with lines running from 
the anchors to the nets at the surface) according to the requirements 
for the Northeast anchored gillnet fishery requirements (effective 
April 7, 2008). The Northeast anchored float gillnet fishery will be 
subject to the SAM program as modified in this final rule until twelve 
months after publication of this final rule, and to seasonal closures 
in right whale restricted areas. Specifically, fishermen using 
Northeast anchored float gillnets will be prohibited from fishing 
inside the Cape Cod Bay Restricted Area annually from January 1 through 
May 15, and inside the Great South Channel Restricted Area annually 
from April 1 through June 30.

Northeast Drift Gillnet Fishery

    This final rule will regulate the Northeast drift gillnet fishery 
(i.e., nets that are present at the ocean surface and are not anchored 
to the ocean floor on either end) according to the requirements for the 
Mid-Atlantic drift gillnet fishery (effective April 7, 2008). The 
Northeast drift gillnet fishery will not be subject to the SAM program, 
but drift gillnets will be prohibited from Cape Cod Bay Restricted Area 
from January 1 through May 15 and from the Great South Channel 
Restricted Area from April 1 through June 30 (similar to the 
requirements for anchored gillnet), except for the Sliver Area, where 
restricted drift gillnet fishing will be allowed.

Changes to the All Gillnet Gear Requirements

Broad-Based Gear Modifications

    Most of the broad-based gear modifications for gillnet gear 
identified in this final rule will become effective six months after 
publication of this final rule, April 7, 2008, except for the 
groundline requirement discussed below, which will be phased-in and 
effective twelve months after publication of this final rule (except in 
SAM areas), October 6, 2008. When the majority of the broad-based gear 
modifications become effective on April 7, 2008, the DAM program will 
be eliminated. When the sinking/neutrally buoyant groundline 
requirement becomes fully effective, October 6, 2008, this final rule 
will eliminate the SAM program. However, until this occurs, some of the 
other gillnet fisheries that will be added to the ALWTRP will be 
subject to the SAM program (see modifications to area and gear 
requirements as noted in this final rule).

Boundaries and Seasons

    Under this final rule, an area bounded on the west by a line 
running from 41[deg]18.2' N. lat. and 71[deg]51.5' W. long. (Watch 
Hill, RI), south to 40[deg]00' N. lat., and east to the eastern edge of 
the EEZ will be created. The gillnet gear fished in the area north of 
this line will be required to incorporate current and revised broad-
based gear modifications year-round. Gillnet gear fished in the

[[Page 57109]]

area south of this line to 32[deg]00' N. lat. and east to the eastern 
edge of the EEZ will be required to comply with the broad-based gear 
modifications detailed above in Mid/South Atlantic Gillnet Waters from 
September 1 to May 31. However, portions of the Mid/South Atlantic 
Gillnet Waters (i.e., waters within 35 nm (64.82 km) of the South 
Carolina coast) will be included in the Southeast U.S. Restricted Area 
during the November 15 to April 15 right whale calving season. Gillnet 
fishing in the area south of 32[deg]00' N. lat. will be required to 
comply with the broad-based gear modifications in the following areas 
and seasonal time periods: All gillnet fisheries (Southeast Atlantic 
and Southeastern U.S. Atlantic shark) between 32[deg]00' N. lat. and 
29[deg]00' N. lat. from November 15-April 15; Southeast Atlantic 
gillnet fishery between 29[deg]00' N. lat. and 27[deg]51' N. lat. east 
to the eastern edge of the EEZ from December 1-March 31; and 
Southeastern U.S. Atlantic shark gillnet fisheries between 29[deg]00' 
N. lat. and 26[deg]46.5' N. lat. east to the eastern edge of the EEZ 
from December 1-March 31.

Sinking/Neutrally Buoyant Groundlines

    Under this final rule, the Northeast anchored gillnet, Mid-Atlantic 
anchored gillnet, and Southeast Atlantic gillnet fisheries currently 
regulated by the ALWTRP, and the Northeast anchored float gillnet 
fishery, which will be added by this final rule, will be required to 
use groundline composed entirely of sinking and/or neutrally buoyant 
line in the areas and time periods covered under the ALWTRP effective 
on October 6, 2008. The sinking and/or neutrally buoyant groundline 
requirement will be effective in expanded SAM areas effective on April 
7, 2008.

Weak Links

    Under this final rule, to further reduce the risk of serious injury 
and mortality from entanglement in gillnet gear, weak links having a 
maximum breaking strength of 1,100 lb (499.0 kg) will be required on 
all flotation devices and/or weighted devices (except gillnets, 
anchors, and leadline woven into the buoy line) attached to the buoy 
line (effective April 7, 2008). This requirement will apply to all 
current and revised ALWTRP regulated areas and gillnet fisheries. The 
weak link requirement is intended to reduce the risk of entanglement 
and serious injury or mortality due to entanglements in buoy lines and 
surface systems.

Revised SAM Program

    The final rule will amend the SAM program by establishing new 
boundaries for the SAM areas and revising the gear modifications 
required for fishing within these areas. The changes to the SAM program 
described in this final rule will become effective on April 7, 2008, to 
protect right whales. The SAM program will be eliminated October 6, 
2008, when all of the broad-based gear modifications are effective.
    This final rule will modify the existing coordinates for the SAM 
areas. Specifically, the western boundary of SAM West will be extended 
westward to encompass seasonal aggregations of right whales that occur 
north of the Cape Cod Bay Restricted Area. Similarly, the southern 
boundary of SAM West will be extended further south, adjoining the 
Great South Channel Restricted Sliver Area, to encompass seasonal 
aggregations of right whales that occur south of the current SAM West 
and west of the Great South Channel Restricted Area. Finally, the 
southern boundary of SAM East would be revised to include the Great 
South Channel Restricted Area including the Sliver Area, but will 
exclude the southeast corner of the existing SAM East area where there 
have been very few right whale sightings. The western boundary of SAM 
East will be extended west to 69[deg] 45'W. long. to encompass right 
whales that might remain in SAM West in May (after the SAM West area 
restrictions have expired) (Table 1; Figure 8).

                                       Table 1.--Seasonal Area Management
----------------------------------------------------------------------------------------------------------------
                    Point                              Latitude (North)                  Longitude (West)
----------------------------------------------------------------------------------------------------------------
                                SAM West Polygon--in Effect From March 1-April 30
----------------------------------------------------------------------------------------------------------------
1W...........................................  42[deg]30'......................  70[deg]30' (NW Corner)
2W...........................................  42[deg]30'......................  69[deg]24'
3W...........................................  41[deg]48.9'....................  69[deg]24'
4W...........................................  41[deg]40'......................  69[deg]45'
5W...........................................  41[deg]40'......................  69[deg]57' along the eastern
                                                                                  shoreline of Cape Cod to
6W...........................................  42[deg]04.8'....................  70[deg]10'
7W...........................................  42[deg]12'......................  70[deg]15'
8W...........................................  42[deg]12'......................  70[deg]30'
1W...........................................  42[deg]30'......................  70[deg]30' (NW Corner)
----------------------------------------------------------------------------------------------------------------
                                 SAM East Polygon--in Effect From May 1-July 31
----------------------------------------------------------------------------------------------------------------
1E...........................................  42[deg]30'......................  69[deg]45' (NW Corner)
2E...........................................  42[deg]30'......................  67[deg]27'
3E...........................................  42[deg]09'......................  67[deg]08.4'
4E...........................................  41[deg]00'......................  69[deg]05'
5E...........................................  41[deg]40'......................  69[deg]45'
1E...........................................  42[deg]30'......................  69[deg]45' (NW Corner)
----------------------------------------------------------------------------------------------------------------

Revised SAM Gear Modifications

    In addition to the changes discussed above, this final rule will 
revise the gear modifications required for fishing within the SAM areas 
during the applicable time periods. Under this final rule, NMFS will 
allow the use of two buoy lines per trap/pot trawl or per net string, 
allow the use of floating line on the bottom one-third or less of the 
buoy line, and allow two configuration options for gillnet net panel 
weak links. The same configuration option would be required for all 
gillnet net panels in a string.

Changes to the SAM Program for All Trap/Pot Gear

    Under this final rule, in addition to the measures revised for 
trap/pot fisheries, the following requirements specific to the SAM and 
DAM programs would apply. The SAM areas will be

[[Page 57110]]

expanded and all lobster trap/pot fisheries operating within these 
areas during the restricted time periods would be subject to the 
current SAM restrictions, plus the following: A second buoy line will 
be allowed and the bottom one-third of the buoy line may consist of 
floating line. In addition, the trap/pot fisheries subject to the SAM 
program will be expanded to include: hagfish, finfish (black sea bass, 
scup, tautog, cod, haddock, pollock redfish, and white hake), conch/
whelk, shrimp, red, blue, rock, and Jonah crab. The expanded SAM area 
will include the Great South Channel Restricted Area; therefore, trap/
pot gear will be subject to the SAM program inside right whale 
restricted areas during time periods when the requirements for fishing 
inside these areas are no more conservative than the surrounding waters 
(i.e., when the protections of right whale restricted areas disappear). 
However, the more restrictive Great South Channel Restricted Trap/Pot 
Area closure (April 1 through June 30) will supercede the SAM program. 
As a result, gear modifications for fishing with trap/pot gear in the 
SAM area will apply in the Great South Channel Restricted Trap/Pot Area 
from July 1 through July 31. The DAM program will be eliminated, and 
replaced with the expanded SAM areas (effective April 7, 2008).

Changes to the SAM Program for Gillnet Gear

    Under this final rule, in addition to the measures revised for 
gillnet fisheries, the following requirements specific to the SAM and 
DAM programs would apply. The SAM areas will be expanded, and all 
gillnet fisheries operating within these areas during the restricted 
time periods will be subject to the current SAM restrictions, plus the 
following: A second buoy line will be allowed and the bottom one-third 
of the buoy line may be composed of floating line. In addition, gillnet 
fisheries would be allowed two configuration options for gillnet net 
panel weak links as noted in the Other Northeast Gillnet Waters section 
of this rule. The gillnet fisheries regulated under the SAM program 
will be expanded to include Northeast anchored float gillnets. The 
expanded SAM area will include the Great South Channel Restricted Area; 
therefore, gillnet gear will be subject to the SAM program inside right 
whale restricted areas during time periods when the requirements for 
fishing inside these areas are no more conservative than the 
surrounding waters (i.e., when the protections of right whale 
restricted areas disappear). However, the more restrictive Great South 
Channel Restricted Gillnet Area closure (April 1 through June 30) will 
supercede the SAM program. As a result, gear modifications for fishing 
with gillnet gear in the SAM area will apply in the Great South Channel 
Restricted Gillnet Area from July 1 through July 31, and in the Great 
South Channel Sliver Restricted Area from May 1 through July 31. The 
DAM program will be eliminated, and replaced with the expanded SAM 
areas (effective April 7, 2008).

Other Changes for All Trap/Pot and Gillnet Gear

DAM Program

    The majority of the modifications in this final rule will become 
effective on April 7, 2008, including the replacement of the DAM 
program. Consequently, on April 7, 2008, when the SAM areas are 
expanded, the expanded SAM program will replace the DAM program. 
However, until April 7, 2008, the currently regulated trap/pot and 
gillnet fisheries, will be subject to both the SAM and DAM programs. 
After April 7, 2008, the currently regulated trap/pot and gillnet 
fisheries, as well as those added to the ALWTRP, will be subject to the 
expanded SAM program.

Groundlines

    Under this final rule, for both trap/pot and gillnet fisheries, the 
SAM program will be eliminated and replaced with broad-based gear 
modifications, including a requirement that all groundlines must be 
composed of sinking and/or neutrally buoyant line, effective on October 
6, 2008 (unless otherwise required in the Cape Cod Bay Restricted Area 
for trap/pot (January 1-May 15) or SAM areas).

Gear Marking

    Under this final rule, NMFS will expand requirements to fisheries 
and areas not previously regulated under the ALWTRP or required to mark 
gear such as the following: Northeast drift gillnet; Northeast anchored 
float gillnet; Northern Inshore State Trap/Pot Waters; LMA 6 portion of 
Southern Nearshore Trap/Pot Waters; Mid/South Atlantic Gillnet Waters; 
and Other Southeast Gillnet Waters (effective April 7, 2008). The gear 
marking scheme will require one 4-inch (10.2 cm) colored mark midway 
along the buoy line. Additionally, the gear marking scheme will require 
all surface buoys to identify the vessel registration number, vessel 
documentation number, Federal permit number, or whatever positive 
identification marking is required by the vessel's home-port state 
(effective April 7, 2008). Under this final rule, the color and marking 
scheme for nets used in the Southeastern U.S. Atlantic shark gillnet 
fishery will remain status quo and only buoy lines greater than 4 feet 
(1.2 m) in length would need to be marked for this fishery.

Trap/Pot Gear Marking Colors

    The ALWTRP will require fishermen to mark their trap/pot buoy lines 
with one red 4-inch (10.2 cm) mark while they fish in the following 
management areas: Cape Cod Bay Restricted Area, Northern Nearshore 
Trap/Pot Waters, and Stellwagen Bank/Jeffreys Ledge. To remain 
consistent with the gear marking color scheme in the North Atlantic, 
under this final rule, NMFS will require red marking on the buoy lines 
of trap/pot gear fished in Northern Inshore State Trap/Pot Waters. The 
trap/pot gear marking color in the Great South Channel Restricted Area 
is black. However, under this final rule, for consistency with nearby 
management areas, the Great South Channel Restricted Area gear marking 
color will be either black or red, depending on the area of overlap 
with offshore (i.e., LMA 2/3 Overlap and LMA 3) and nearshore areas 
(i.e., LMA 2 and the Outer Cape), respectively. The gear marking colors 
for trap/pot gear in the Southern Nearshore Trap/Pot Waters and 
Offshore Trap/Pot Waters will remain orange and black, respectively.

Gillnet Gear Marking Colors

    Under this final rule, for consistency with the current gillnet 
gear marking scheme in the Northeast Atlantic, NMFS will require one 4-
inch (10.2-cm) green mark midway along the buoy line for the two new 
fisheries that will be added to the ALWTRP: Northeast drift gillnet and 
Northeast anchored float gillnet.
    Prior to this final rule, there were no gear marking requirements 
for the two gillnet fisheries operating in the Mid/South Atlantic: the 
Mid/South Atlantic anchored gillnet and Mid/South Atlantic drift 
gillnet fisheries. Under this final rule, NMFS will require that these 
fisheries mark their buoy lines with one 4-inch (10.2-cm) blue mark 
midway along the buoy line.
    Under this final rule, the Southeast Atlantic gillnet fishery will 
be required to mark their buoy lines with one 4-inch (10.2-cm) yellow 
mark midway on the buoy line in the same manner as the Mid/South 
Atlantic gillnet fisheries. As mentioned above, the color and marking 
scheme for nets used in the Southeastern U.S. Atlantic shark gillnet 
fishery would remain status quo and only buoy lines greater than 4 feet 
(1.2 m) in length will need to be marked.

[[Page 57111]]

Exempted Waters

    Modifications to the exempted waters are effective on April 7, 
2008.

Coastal Exempted Waters

    To be consistent throughout the east coast, under this final rule, 
with the exceptions detailed below, NMFS will exempt all marine and 
tidal waters landward of the 72 COLREGS demarcation lines. The 72 
COLREGS lines are well known and widely published lines of demarcation. 
In four areas, Casco Bay (Maine), Portsmouth Harbor (New Hampshire), 
the state of Massachusetts, and Long Island Sound and Gardiners Bay 
(New York), NMFS will not use the 72 COLREGS lines and will instead 
create different exemption lines. Any exemption lines for these areas, 
as well as areas where the 72 COLREGS lines do not exist, are explained 
in the Changes From the Proposed Rule sections (2) through (4) below.
    Based on the public comments received and an analysis of the 
available data, NMFS will use an exemption line for the coast of Maine 
that is largely based on the line suggested by the Maine Department of 
Marine Resources (Maine DMR). The final exemption line for Maine will 
begin at the Maine-Canada border and extend south and west along the 
Maine coastline to Odiornes Point, New Hampshire. The line will be 
connected using a series of 25 buoys and islands along the Maine coast 
(Figure 4). See the regulations in this final rule for the coordinates 
of the Maine exemption line. See Changes From the Proposed Rule section 
(2) below for further information on the rationale for the final Maine 
exemption line.
    Through this final rule, NMFS is modifying the exempted waters for 
New Hampshire's three harbors, two as proposed and one slightly 
modified. As proposed, NMFS will exempt Rye and Hampton Harbors 
according to the lines drawn across the headlands which mark their 
entrances to the sea. Portsmouth Harbor will not be exempted according 
to the 72 COLREGS demarcation line (the only 72 COLREGS line found in 
the state) because it will be exempted through the final exemption line 
for Maine, as this line's final coordinate is located at Odiornes 
Point, New Hampshire.
    The exempted waters for Massachusetts will continue to include 
state waters landward of the first bridge over any embayment, harbor, 
or inlet. See the Changes From the Proposed Rule section (3) below for 
further information on the rationale for the final Massachusetts 
exemption line. This final rule will not modify the current exemption 
lines for Massachusetts or Rhode Island, except for minor refinement of 
the exemption line coordinates for Point Judith Pond and Quonochontaug 
Pond Inlets in Rhode Island. However, under this final rule, NMFS will 
clarify that the exemption line coordinates drawn for Narragansett Bay 
and the Sakonnet River match the 72 COLREGS lines for these waters 
(Figure 5).
    In New York, with the exception of New York Harbor, all embayments, 
harbors, and inlets are currently exempted under the ALWTRP. Under this 
final rule, these exempted waters will remain unchanged with the 
exception of the Long Island Sound and Gardiners Bay area. However, 
NMFS will clarify that the exemption lines for Shinnecock Bay Inlet, 
Moriches Bay Inlet, Fire Island Inlet, and Jones Inlet match the 72 
COLREGS demarcation lines. In addition, NMFS will create an exemption 
line for New York Harbor based on the 72 COLREGS line. This is a line 
drawn from East Rockaway Inlet Breakwater Light to Sandy Hook Light. 
Under this final rule, NMFS will exempt a portion of Block Island Sound 
landward of the territorial sea baseline which extends from Watch Hill 
Point, Rhode Island, to Montauk Point, New York (Figure 5). See the 
Changes From the Proposed Rule section (4) below for further 
information on the rationale for creating the Block Island Sound 
exemption line.
    NMFS clarifies that the entire shoreline of New Jersey would be 
exempted landward of the 72 COLREGS demarcation lines. In doing this, 
the exemption line for Barnegat Inlet will be relocated slightly east 
of the current exemption line to make it consistent with the 72 COLREGS 
demarcation line.
    NMFS redefines the exemption line for Delaware Bay as the 72 
COLREGS demarcation line. This is a line drawn from Cape May Light to 
Harbor of Refuge Light; thence to the northernmost extremity of Cape 
Henlopen (Figure 6). Along the Maryland and Virginia shorelines, two of 
the four existing exemption lines match the 72 COLREGS lines. However, 
the exemption line from Chincoteague to Ship Shoal Inlet crosses the 3-
nautical mile (5.6-km) state waters line, which is not consistent with 
the 72 COLREGS lines. Under this final rule, NMFS clarifies that the 
shoreline of Maryland and Virginia would be exempted landward of the 72 
COLREGS lines. This includes using the 72 COLREGS line to exempt 
Chesapeake Bay. This is a line drawn from Cape Charles Light to Cape 
Henry Light (Figure 7). In addition, the existing exemption line for 
Smith Island Inlet will be removed from the exempted waters section of 
the regulations because the 72 COLREGS line for Chesapeake Bay includes 
the entrance to this inlet.
    The existing exemption lines in the Southeast (North Carolina to 
Florida) will remain unchanged. However, Captain Sam's Inlet (South 
Carolina) will be added to the exempted waters section of the 
regulations because it does not have a 72 COLREGS line.
    NMFS believes that the exemption lines contained in this final rule 
are appropriate in light of the analysis of the most recent sightings 
data from available sources, and will not create a substantial increase 
in risk to large whales from fishing gear. NMFS will continue to work 
in collaboration with state partners to monitor all exemption areas and 
should new information become available regarding the exemption areas, 
NMFS will share this information with the ALWTRT to determine if 
changes to the exemption areas are warranted.

Offshore Exempted Areas

    Based on a review of the best available scientific information, 
NMFS has determined that exempting waters at depths greater than 275 
fathoms (1,650 ft or 502.9 m) will not increase the risk of large whale 
entanglement in groundlines, as most large whales are not known to dive 
to these depths. To account for variations in groundline profiles, NMFS 
added 5 fathoms (30 ft or 9.1 m) to achieve an offshore exemption depth 
of 280 fathoms (1,680 ft or 512.1 m). Therefore, this final rule 
exempts trap/pot and gillnet fishermen from the requirement to use 
sinking and/or neutrally buoyant groundlines in waters deeper than 280 
fathoms (1,680 ft or 512.1 m). Additionally, this final rule exempts 
gillnet net panel weak link and anchoring requirements if the depth of 
the float-line is in waters deeper than 280 fathoms (1,680 ft or 512.1 
m).

Regulatory Language Changes

    Changes listed below are effective on April 7, 2008 unless 
otherwise noted.

Weak Links

    The ALWTRT recommended that, for consistency, NMFS should change 
all headings for weak links in the ALWTRP regulations from ``Weak Links 
on all Buoy Lines,'' ``Buoy Weak Links,'' and ``Buoy Line Weak Links'' 
to simply ``Weak Links.'' Under the ALWTRP final rule, ``Buoy Line Weak 
Links,'' or ``Net Panel Weak Links'' will be used for

[[Page 57112]]

clarification. NMFS also clarifies that weak links must be placed on 
all floatation and/or weighted devices, etc. that are attached to the 
buoy line, and not just the main buoy. This final rule adds to the 
regulatory text that weak links must be designed such that the bitter 
end (the loose end of the line that detaches from the weak link) of the 
line is clean and free of any knots when the link breaks, and that 
splices are not considered to be knots for the purposes of this 
provision. The final rule clarifies that gillnets, traps/pots, anchors, 
and leadline woven into the buoy line are not considered weighted 
devices attached to the buoy line. Therefore, under this final rule, 
when referring to the techniques for meeting the weak link 
requirements, the wording will read, ``All buoys, flotation devices 
and/or weights (except traps/pots [or gillnets], anchors, and leadline 
woven into the buoy line), such as surface buoys, high flyers, sub-
surface buoys, toggles, window weights, etc. must be attached to the 
buoy line with a weak link placed as close to each individual buoy, 
flotation device and/or weight as operationally feasible and that meets 
the following specifications''.
    In a final rule published on January 10, 2002, the use of line \7/
16\ inch (1.11 cm) in diameter or less for all buoy lines was removed 
as an option from the ALWTRP's Take Reduction Technology Lists, as the 
breaking strength of \7/16\ inch (1.11 cm) line can vary dramatically 
(67 FR 1300, January 10, 2002). Therefore, because the diameter of line 
is not appropriate to use for risk reduction, NMFS will also change the 
text that describes the list of approved weak links. Specifically, the 
regulatory text referring to ``rope of appropriate diameter'' will be 
changed to ``rope of appropriate breaking strength''.
    Where the gear modification requirements are referred to, this 
final rule includes reference to a brochure that describes techniques 
for complying with these requirements and provide information about how 
to obtain a copy.
    This final rule amends the current regulatory text describing the 
placement of weak links in the floatline of gillnet net panels. 
Specifically, the text will be modified to change the requirements for 
the placement of one weak link in gillnet net panels that are shorter 
than 50 fathoms (300 ft or 91.4 m). This final rule modifies the 
requirements in the Mid/South Atlantic Gillnet Waters (for anchored 
gillnets) and adds requirements for the Other Southeast Gillnet Waters 
as follows: ``Weak links must be placed in the center of the floatline 
of each gillnet net panel up to and including 50 fathoms (300 ft or 
91.4 m), or at least every 25 fathoms (150 ft or 45.7 m) along the 
floatline for longer panels.'' This final rule also amends the 
requirements for the placement of weak links in the SAM areas and other 
applicable areas where more than one weak link is required for gillnet 
net panels of lengths up to and including 50 fathoms, (300 ft or 91.4 
m) as well as those greater than 50 fathoms (300 ft or 91.4 m). 
Additionally, this final rule specifies two configuration options for 
gillnet net panel weak links for anchored gillnet fisheries in the 
Northeast (effective April 7, 2008, including SAM areas April 7, 2008, 
and Mid/South Atlantic (that is not returned to port with the vessel), 
as well as gillnet fisheries in the Southeast that are not returned to 
port with the vessel (effective April 7, 2008). See the requirements 
for anchored gillnets in the Other Northeast Gillnet Waters section of 
this rule for the specifics on these configurations for gillnet net 
panel weak links. The same configuration option would be required for 
all gillnet net panels in a string.

Groundlines

    This final rule clarifies that fishermen may use sinking and/or 
neutrally buoyant line for their groundlines and buoy lines. Under this 
final rule, from January 1 through May 15 fishermen will be allowed to 
use sinking and/or neutrally buoyant groundlines in the Cape Cod Bay 
Restricted Area. Similarly, for the SAM gear modifications, this final 
rule will allow the use of sinking and/or neutrally buoyant 
groundlines.
    Where sinking and/or neutrally buoyant line is required for 
groundlines, this final rule prohibits the attachment of flotation 
devices, such as buoys and toggles. This clarifies the prohibition on 
floating groundlines by expanding the prohibition to the attachment of 
any devices that cause groundlines to float into the water column, to 
reduce the risk of entangling large whales.

Other Regulatory Language Changes

    The following changes to the current ALWTRP regulations are revised 
to improve consistency and clarity (effective April 7, 2008).

Gillnet Take Reduction Technology List

    In 2002, NMFS published a final rule (67 FR 1300, January 10, 2002) 
that replaced the Gillnet Take Reduction