Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations, 42653-42675 [2013-16779]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Proposed Rules]
[Pages 42653-42675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16779]



[[Page 42653]]

Vol. 78

Tuesday,

No. 136

July 16, 2013

Part III





Department of Commerce





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 National Oceanic and Atmospheric Administration





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50 CFR Part 229





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

Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 130201095-3095-01]
RIN 0648-BC90


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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend the regulations implementing the 
Atlantic Large Whale Take Reduction Plan (Plan). This proposed rule 
revises the management measures for reducing the incidental mortality 
and serious injury to the North Atlantic right whale (Eubalaena 
glacialis), humpback whale (Megaptera novaeangliae), and fin whale 
(Balaenoptera physalus) in commercial trap/pot and gillnet fisheries to 
meet the goals of the Marine Mammal Protection Act (MMPA) and the 
Endangered Species Act (ESA). The measures identified in the Plan are 
also intended to benefit minke whales (Balaenoptera acutorostrata), 
which are not strategic, but are known to be taken incidentally in 
commercial fisheries.

DATES: Submit comments on or before September 16, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0095, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0095 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Mary Colligan, Assistant 
Regional Administrator for Protected Resources, NMFS Northeast Region, 
55 Great Republic Dr., Gloucester, MA 01930, Attn: Large Whale Proposed 
Rule.
     Fax: 978-281-9394 Attn: Large Whale Proposed Rule
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kate Swails, NMFS, Northeast Region, 
978-282-8482, Kate.Swails@noaa.gov; Kristy Long, NMFS Office of 
Protected Resources, 301-427-8440, 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 Plan and the take 
reduction planning process can be downloaded from the Plan Web site at 
https://www.nero.noaa.gov/whaletrp/. Copies of the Draft Environmental 
Impact Statement/Regulatory Impact Review for this action can be 
obtained from the Plan's Web site. The complete text of the regulations 
implementing the Plan 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

    The Plan was originally developed pursuant to section 118 of the 
MMPA to reduce the level of serious injury and mortality of three 
strategic stocks of large whales (fin, humpback and North Atlantic 
right) interacting with Category I and II fisheries. The MMPA defines a 
strategic stock of marine mammals as a stock: (1) For which the level 
of direct human-caused mortality exceeds the Potential Biological 
Removal (PBR) level; (2) which, based on the best available scientific 
information, is declining and is likely to be listed as a threatened 
species under the ESA within the foreseeable future; or (3) which is 
listed as threatened or endangered species under the ESA or depleted 
under the MMPA (16 U.S.C. 1362(19)). Specific Category I and II 
fisheries addressed by the Plan include the Northeast sink gillnet, 
Northeast drift gillnet, Northeast anchored float gillnet, Southeast 
Atlantic gillnet, Mid-Atlantic gillnet, Southeastern US Atlantic shark 
gillnet, Atlantic mixed species trap/pot, Atlantic blue crab trap/pot, 
and Northeast/Mid-Atlantic American lobster trap/pot.
    The background for the take reduction planning process and initial 
development of the Plan is provided in the preambles to the proposed 
(62 FR 16519, April 7, 1997), interim final (62 FR 39157, July 22, 
1997), and final (64 FR 7529, February 16, 1999) rules that implemented 
the original plan.
    Since its 1997 implementation, the Plan has been modified several 
times to reduce the risk of serious injury and mortality of large 
whales that interact with commercial sink gillnet and trap/pot gear. 
The most recent final rule was implemented in September 2008 (73 FR 
51228).

ESA Section 7 Consultation and the Plan

    As described above, the Plan was developed under section 118 of the 
MMPA and subsequently modified to comply with the statutory 
requirements and mandates of the MMPA. However, the three whale species 
directly protected by the Plan (fin, humpback, and North Atlantic 
right) are also listed as Endangered under the ESA (16 U.S.C. 1531 et 
seq.). In addition, many of the fisheries affected by the Plan are 
subject to interagency consultation under section 7 of the ESA since 
the fisheries occur (at least in part) in Federal waters and are 
federally managed. These include the American lobster, black sea bass, 
and deep sea red crab trap/pot fisheries; and the Northeast 
multispecies, monkfish, spiny dogfish, bluefish, southeastern U.S. 
Atlantic shark, and South Atlantic gillnet fisheries.
    Section 7 of the ESA requires Federal agencies to ensure that their 
actions do not jeopardize the continued existence of ESA-listed 
species. The process for determining whether a Federal-agency action 
will jeopardize any ESA-listed species is referred to as a ``section 7 
consultation.''
    The most recent consultations for the American lobster and deep sea 
red crab trap/pot fisheries; the Northeast black sea bass, 
multispecies, monkfish, spiny dogfish, and bluefish fisheries; and 
Southeastern U.S. Atlantic shark fisheries evaluated the effect of the 
proposed measures under each of the fishery management plans as well as 
those under the Plan. Specifically, these Biological Opinions stated 
that it was anticipated that the final regulations implementing the 
conservation measures proposed in this action would prioritize risk 
reduction in areas where there is the greatest co-occurrence of

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vertical lines and large whales. The Biological Opinions stated that a 
model was being developed and used to analyze various gear 
configurations and determine the relative co-occurrence reductions (as 
a proxy for risk) that could be achieved by gear configuration changes 
and/or effort reductions by area. This co-occurrence analysis is an 
integral component of the vertical line strategy that will further 
minimize the risk of large whale entanglement and associated serious 
injury and death. The Biological Opinions identified the steps NMFS is 
taking to develop, analyze and implement a vertical line reduction rule 
including publication of a proposed rule by late 2013 and a final rule 
by late summer 2014.
    NMFS issued its most recent biological opinion for the American 
Lobster Fishery on August 3, 2012. However, NMFS has also reinitiated 
consultation on the spiny dogfish, monkfish and Northeast multispecies 
fisheries. NMFS anticipates the new biological opinions for these 
fisheries to be finalized in 2014.
    The 2006 consultation on the South Atlantic Snapper-Grouper Fishery 
Management Plan, which includes the black sea bass fishery, and the 
2007 consultation on the Southeast Coastal Migratory Pelagic Fishery 
Management Plan, which includes Southeast Atlantic gillnet fishery, 
both considered the effects of proposed measures under those fisheries 
management plans as well as those under the Plan. Those consultations 
pre-dated the vertical line strategy proposed in this action. However, 
changes within the black sea bass fishery have reduced risk to large 
whales. Today, fishermen are allowed a limited number of pots and must 
return pots to shore at the end of each trip. Most notably, the black 
sea bass fishing season has not co-occurred with the right whale season 
for the last four years.

Take Reduction Team Activities

    Based on continued entanglements that resulted in a serious injury 
or mortality of large whales managed under the Plan, NMFS, in 
consultation with the Atlantic Large Whale Take Reduction Team (Team), 
determined that additional modifications to the Plan were warranted. 
The Team is made up of fishing industry representatives, 
environmentalists, state and federal officials, and other interested 
parties.
    At the 2003 meeting, the Team agreed to manage entanglement risk by 
first reducing the risk associated with groundlines and then reducing 
the risk associated with vertical lines in commercial trap/pot and sink 
gillnet gear. In June 2005, NMFS issued a proposed rule and in October 
2007, NMFS issued a final rule that implemented broad-based gear 
modifications to replace the Seasonal Area Management and Dynamic Area 
Management programs. This broad-based gear modification strategy 
includes expanded weak link and sinking groundline requirements, 
additional gear marking requirements, changes in boundaries, seasonal 
restrictions for gear modifications, expanded exempted areas, and 
regulatory language changes for the purposes of clarification and 
consistency (72 FR 57104, October 5, 2007). The broad-based sinking 
groundline requirement for trap/pot fishermen became fully effective on 
April 5, 2009.
    Following the implementation of the sinking groundline rule, NMFS 
and the Team turned its focus toward addressing the entanglement risks 
associated with vertical lines from trap/pot and gillnet gear. At the 
2009 Team meeting, the Team agreed on a schedule to develop a 
management approach to reduce the risk of serious injury and mortality 
due to vertical lines. As a result of this schedule, NMFS committed to 
publishing a final rule to address vertical line entanglement by 2014. 
The approach for the vertical line rule focuses on reducing the risk of 
vertical line entanglements in high impact areas versus a wide-broad 
scale management scheme. Using fishing gear survey data and whale 
sightings per unit effort (SPUE), a model was developed to determine 
the co-occurrence of fishing gear density and whale density (i.e., the 
``co-occurrence model'').
    The Team's Northeast Subgroup met in November 2010 and the Mid-
Atlantic/Southeast Subgroup met in April 2011 to review the co-
occurrence model and consider its implications for an overall 
management strategy to address vertical line entanglements. The Team 
agreed NMFS should use the model to consider and develop possible 
options to address fishery interactions with large whales by reducing 
the potential for entanglements, minimizing adverse effects if 
entanglements occur, and mitigating the effects of any unavoidable 
entanglements. In addition, the gear characterization information in 
the model shows the majority of the vertical lines coastwide are from 
lobster trap/pot and other trap/pot fisheries. As a result, NMFS 
decided to narrow the scope of the proposed rule to focus on the 
reduction of verticals lines from trap/pot gear instead of both trap/
pot and gillnet gear. The Team also discussed using the model to 
identify areas of high co-occurrence of right whales and humpback 
whales combined instead of focusing on a single species.
    During the subgroup meetings, the Team requested that NMFS allow 
stakeholders to submit proposals outlining vertical line risk reduction 
strategies tailored to specific areas and fisheries. This approach 
would avoid broad-based management and move towards finer scale 
management. The proposals were submitted for review by NMFS and the 
Team at the next meeting in January 2012. Acceptable proposals included 
descriptions of the areas and fisheries affected, management approach, 
monitoring plan, and enforcement plan.
    To solicit additional stakeholder involvement, on June 14, 2011, 
NMFS published a Notice of Intent in the Federal Register (76 FR 34654) 
to announce the agency's intent to prepare an Environmental Impact 
Statement that would analyze the impacts of alternatives for amending 
the Plan. In the NOI, NMFS announced multiple public scoping meetings 
along the east coast to solicit comments. In July and August 2011, NMFS 
held 15 scoping meetings to solicit feedback on the vertical line risk 
reduction strategy. The information provided at the scoping meetings 
was also reviewed at a full Team meeting in January 2012. Team members 
further refined their vertical line risk reduction proposals and the 
team met via teleconference in February 2012 to review the final 
proposals submitted. The Team reviewed five proposals: three from state 
agencies, one from the scientist/academic community, and one from the 
conservation community. Results of the proposals were presented via 
teleconference in April 2012. Each vertical line risk reduction 
proposal was analyzed to assess its impact on both the number of 
vertical lines and co-occurrence scores relative to the baseline in the 
Northeast and coastwide.
    NMFS designed the proposed alternatives in the DEIS based on 
comments received during public scoping and using many of the measures 
submitted by the team in their stakeholder proposals.

Reducing the Risk of Entanglement Associated With Vertical Lines

    NMFS believes that all parts of fixed gear create entanglement risk 
because all have been identified as entangling large whales. However, 
at this time, determining which part of fixed gear creates the most 
entanglement risk for large whales is difficult due to the 
uncertainties associated with entanglements, as well as unknown

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biases associated with reporting effort and the lack of information 
about the types and amounts of gear being used (Johnson et al., 2005). 
For example, buoy line may be reported more frequently at sea than 
groundline, since it is easier to recognize when a buoy or high-flyer 
is present. Groundline, on the other hand, does not have a 
distinguishing characteristic that would allow it to be identified 
without removing it from an entangled animal and analyzing it (Johnson 
et al., 2005). Therefore, vertical line (buoy and surface system line) 
may only seem to create more of an entanglement risk than groundline, 
when in fact it is difficult to quantify and compare the risks 
associated with each part of the gear. In some cases, it is still 
impossible to determine the gear part even when the gear is recovered 
and/or identified. Despite gear recovery and/or identification, 44 
percent (20 out of the total 45) of the right and humpback whale 
entanglement events analyzed involved an unknown part of the gear 
(source Johnson et al., 2005). Currently, the only definitive way to 
assess the nature of entanglements is through gear removal, as it is 
difficult to identify a line's origin through photographs alone 
(Johnson et al., 2005). However, all of the caveats noted above must be 
considered when gear has been recovered and an assessment is in 
progress.
    A better scientific understanding about the nature of 
entanglements, specifically the gear components involved (e.g., buoy 
line), would help NMFS develop better management programs and reduce 
the risk of serious injury and mortality of large whales due to 
incidental interactions with commercial fisheries. Therefore, NMFS is 
also proposing to expand gear marking requirements for fisheries that 
are subject to the Plan. This information may provide valuable insight 
concerning where, when, and how the entangling gear was set.
    In order to better understand the entanglement risk resulting from 
vertical lines, NMFS commissioned the development of a model to 
evaluate the potential risk of entanglement and inform the following 
types of questions: Where do the fisheries that are subject to the Plan 
operate? Where are concentrations of vertical line the greatest? Do 
whales frequent areas with high concentrations of vertical line?
    Although the model successfully identifies the highest areas of 
large whale and commercial fishing gear co-occurrence, the model cannot 
provide a direct assessment of the probability of an entanglement at a 
particular place and time, nor does it assess the risk of injury or 
death in the event of an entanglement. It focuses instead on relative 
indicators of the potential for an entanglement to occur (% change in 
number of vertical lines and % change in co-occurrence), using these as 
a proxy measure of risk.
    Given the significant public interest in this topic, it was 
critical for NMFS to obtain a transparent and independent review of the 
model documentation. It is important that the model contain the best 
available information on both whale density and fishing gear density 
and that the associated caveats seem reasonable.
    Therefore, NMFS sought a Center for Independent Experts (CIE) peer 
review of the model documentation and associated caveats. The CIE 
reviewers had combined working knowledge and recent experience in 
spatial analysis, scenario modeling, marine mammal biology, and 
fisheries management.
    Reviewers desired clarification on portions of the model but 
overall the reviews were favorable. Reviewers provided ideas for future 
expansion of the model as more information becomes available stating 
that the assumptions made about current inputs are reasonable. The 
model could be improved as NMFS learns more about the nature of 
entanglements. The reviewers suggested NMFS continue to work with their 
state partners to improve the gear characterization information as 
well. In an attempt to address multiple reviewers concerns about 
accounting for uncertainty, and lack of SPUE data within the model, a 
sensitivity analysis was conducted. The results of this analysis are in 
the Draft Environmental Impact Statement (DEIS) that supports this 
proposed action. One reviewer suggested the model be compared to other 
approaches or models as a way to attempt to validate the results. NMFS 
is unaware of a completed model that attempts to characterize the risk 
of entanglement through co-occurrence. In addition, the model was 
vetted through the Team on numerous occasions and the model inputs were 
heavily influenced by Team member input.
    NMFS and the Team agreed that the vertical line risk reduction 
measures proposed by stakeholders should be analyzed by the model to 
see what percent change in vertical lines and percent change in co-
occurrence resulted from each proposal. The proposals include measures 
requiring increased traps per trawl, the use of weaker weak links and/
or vertical lines of lower breaking strength, and potential time-area 
closures.

Alternatives

    As a result of public input provided through the scoping process 
and Team meetings, NMFS developed six alternatives including a ``No 
Action'' or status quo alternative, to modify the Plan. All six of 
these alternatives are described and analyzed in detail in the DEIS 
prepared to accompany this proposed rule. Of the six alternatives 
considered, NMFS has identified a Preferred Alternative (Alternative 5 
in the DEIS) for amending the Plan, which is described below. Although 
NMFS has identified six alternatives, one of which is preferred, NMFS 
is seeking comment on all the alternatives. Based on comments received, 
NMFS proposes to implement one of those six alternatives in the final 
rule.

Preferred Alternative (Alternative Five)

Changes Proposed to the Plan for Boundaries and Seasons
    The co-occurrence model currently incorporates data on fishing 
activity in Federal waters from 2000 to 2011. This range represents the 
most recent period for which data on commercial fishing activity are 
available. Because states have differing data collection programs that 
have evolved over time, the availability of data characterizing fishing 
in state waters varies by state. At minimum, the model incorporates 
state data that characterizes vessel activity from 2008 to 2010; many 
states have provided data from prior years, and some have recently 
provided data for 2011. The North Atlantic Right Whale Sightings per 
Unit Effort dataset includes information obtained from surveys 
conducted between October 1978 and May 2010.
    NMFS proposes to exempt New Hampshire state waters from the Plan's 
requirements based on the co-occurrence model, with the exception of 
marking requirements (see Sec.  229.32 (b)(2) and (3)). The co-
occurrence model does not indicate any monthly co-occurrence concerns 
with the exception of November within nearshore state waters. During 
the month of November effort within state waters is already being 
reduced due to part-time and limited commercial harvesters seasonally 
removing gear from state waters and federal/state commercial and 
limited commercial harvesters are moving to federal waters.
    NMFS proposes to expand the Cape Cod Bay Restricted Area to include 
portions of the Outer Cape, and the area abutting the Great South 
Channel. This new area, Massachusetts Restricted Area, would be closed 
for a portion of the year (January 1-April 30) to trap/pot

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fisheries. According to a recent report by Massachusetts Division of 
Marine Fisheries (2011) there has been an increase in presence of 
whales, particularly right whales, in this area in the months of 
January through April. Increasing the closure area to include the Outer 
Cape creates a protection corridor for the whales to travel through on 
their way to their Cape Cod Bay feeding ground. Recent passive acoustic 
studies analyzing right whale calls detected in Massachusetts Bay 
indicate a persistent presence of right whales and call activity 
throughout much of the year (Morano et al. 2012; Mussoline et al. 
2012).
    NMFS proposes to seasonally close two other areas to trap/pot 
fishing: Jeffreys Ledge and Jordan Basin areas from October 1 through 
January 31 and November 1 through January 31, respectively. These are 
areas of high co-occurrence and high use by whales according to the 
SPUE data in the model. During the winter months, recent aerial surveys 
have sighted aggregations of right whales in the central Gulf of Maine. 
The demographic composition of individuals suggests this may be a 
mating ground (NMFS Northeast Fisheries Science Center, unpublished 
data).
    Finally, NMFS proposes to create a new trap/pot management area in 
the Southeast Region. The eastern boundary of the current Southern 
Nearshore Trap/Pot waters area would be aligned with the eastern 
boundary of the existing Southeast Restricted Area North management 
area. This new area would coincide with the current Southeast 
Restricted Area North management area in place for gillnets. Creating a 
new management area for trap/pots would better focus proposed vertical 
line risk reduction measures to the area of overlap of vertical lines 
off South Carolina, Georgia, and Florida with the presence of whales. 
During the winter months (November through April), right whales are 
most often sighted south of the North Carolina/South Carolina border. 
Occasionally, humpback whales are also reported in the southeast 
coastal waters during this time of year. Management measures in this 
area would be in place from November 15 through April 15.
Changes Proposed to the Plan for Trap/Pot Gear
    In the Northeast Region, NMFS proposes to institute restrictions 
designed to reduce the number of buoy lines that fishermen employ. The 
preferred alternative would limit the number of lines in the Northeast 
by prohibiting single trap/pots and requiring fishermen to increase the 
number of traps per trawl they set based on area and distance to shore. 
In some areas (mainly inshore and nearshore waters) this may represent 
a change from how they currently fish. In Federal waters and offshore, 
larger trawls are currently fished so this requirement may not affect 
these vessels to the same extent as smaller inshore vessels. The 
current requirement of one endline for trawls less than or equal to 
five traps remains in place. Larger trawls (i.e., > 5 traps/pots) would 
not be required to have one endline.
    The numbers of traps per trawl proposed are based on the co-
occurrence model, discussions with the public, and NMFS state partners. 
The required traps per trawl differ based on distance to shore and 
lobster management area. In Maine the traps per trawl were defined 
based on Maine state lobster zones.
    In the Southeast Region, NMFS proposes to require single trap/pots, 
implement weaker weak links and breaking strength of vertical lines, 
and require all vertical lines to be free of objects (e.g. weights, 
floats, etc.) except where it attaches to the buoy and trap/pot, and 
made of sinking line.
    Single trap/pots are preferable in the Southeast to reduce damage 
to sensitive habitats and protect newborn calves. The Southeast U.S. 
has extensive amounts of live bottom and traps set in multiple-trap 
trawls can damage live bottom more than single traps. Additionally, 
newborn calves are less buoyant than older whales and apparently have a 
difficult time raising their blowholes above the water to breathe 
(Thomas and Taber 1984). For this reason, lighter gear is less risky to 
newborn calves than heavy gear (i.e., multiple traps are heavier than 
single traps).
    The Plan requires the use of weak links with breaking strengths of 
600 to 1,500 lbs (272 to 680 kg) depending on management area. The 
preferred alternative proposes to decrease the required breaking 
strength of weak links in Florida state waters. Right whale mother/calf 
pairs in the calving area are most often sighted in water depths of 10 
to 20 m (32 to 65 ft) (Keller et al. 2012). The greatest co-occurrence 
of trap/pot gear and right whales occurs off the Northeast Florida 
shoreline. Florida state waters are deeper and can be greater than 10 m 
deep within \1/3\ of mile of the beach, whereas Georgia and South 
Carolina state oceanic waters are generally less than 10 m deep. 
Therefore, neophyte calf and reproducing female interactions with trap 
pot gear is a greater risk in Florida State waters than in Georgia or 
South Carolina State waters. Requiring weak links in Florida state 
waters of the Southeast U.S. Restricted Area North is a measure 
designed to help mitigate the risk in an area where there is a high co-
occurrence of right whales, particularly newborn calves, and blue crab 
trap/pot gear.
    NMFS proposes to define the maximum breaking strength of vertical 
line in the Southeast. Currently the required breaking strength of 
vertical line is not defined but most fishermen use No.8 or No.10 
Osprey line with a breaking strength of 1,500 or 2,200 lbs. 
respectively. Codifying the current practices would ensure that any new 
effort in the area would be required to use an established breaking 
strength.
    In an effort to decrease the number of ways gear is rigged, NMFS is 
also proposing to require that vertical lines be made of sinking line 
and free of objects for those traps set in the Southeast. Gear that is 
splice-free, knot-free, and/or free of attachments may be more likely 
to slide through the whale's baleen freeing the animal rather than 
becoming lodged in the mouth or elsewhere creating a serious injury or 
mortality risk. Fishermen will still be encouraged to maintain knot 
free buoy lines as in other areas of the coast.
Changes Proposed to the Plan for Gear Marking
    The Plan currently requires fishermen to mark their trap/pot or 
gillnet buoy lines with one 4-inch (10.2 cm) mark depending on the area 
they fish. This colored mark should be midway along the buoy line and 
surface buoys are marked to identify the vessel or fishery. Colors 
correspond to specific Plan management areas.
    This current gear marking strategy (implemented in 1997) is 
inadequate. From 1997-2008 there were 364 large whale entanglement 
events. Gear was retrieved in 129 of these cases; of the cases where 
gear was retrieved, gear marking led to 36 cases where fishery, 
location, and date were known. A stronger gear marking strategy would 
help answer questions such as when and where entanglements occur.
    The proposed gear marking scheme would maintain the current color 
combinations but increase the size and frequency of the mark. The new 
mark must equal 12-inch (30.5 cm) in length and buoy lines must be 
marked three times (top, middle, bottom). A mark for the Maine and New 
Hampshire exempted waters would also be required. A mark for the new 
Southeast U.S. Restricted Area North would be required for both state 
and Federal

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waters. This proposal would continue to allow multiple methods for 
marking line (e.g., paint, tape, rope, etc).
Regulatory Language Changes
    A correction and clarification has been identified since the last 
regulation was implemented. The following changes to the current Plan 
regulations are proposed to improve consistency and clarity:
    Exempted waters: NMFS proposes to add language to clarify the 
exempted waters description.
    Southeast U.S. Monitoring Area Clarification: The proposed rule 
would clarify the restricted period for the Southeast US Monitoring 
Area. Currently the restricted period is not defined. This was an 
oversight in the last amendment (73 FR 51228). The added language would 
define the restricted period as December 1 through March 31.
    Definitions: The proposed rule would modify the definition of 
groundline when referring to gillnets to remove reference to buoy line. 
The definition would read: Groundline 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.
    Prohibitions: The proposed rule would eliminate the individual 
prohibition paragraphs on fishing or possessing trap/pot gear, anchored 
gillnet, drift gillnet, gillnet, and shark gillnets (Sec.  229.3(h) 
through Sec.  229.3(l)) and condense the intended prohibitions into 
three paragraphs that apply to any person or vessel and fishing gear 
subject to the Plan.
    We are proposing to add a paragraph that clarifies fishermen are 
responsible for proving that an exemption or exception under Sec.  
229.32 is applicable.
    Other Special Measures: We are proposing to add language clarify 
the intent of Sec.  229.32(i)(2) to include consultation with the Take 
Reduction Team. In addition to comments on the alternatives NMFS is 
also seeking comment on two additional areas. Since vertical lines pose 
a risk to whales regardless of vessel size, NMFS is proposing to 
require both small and large vessels to increase the number of traps 
per trawl to reduce the number of vertical lines in the water column. 
To address impacts to smaller vessels, state managers and industry 
representatives on the Team proposed utilizing smaller minimum number 
of trap/pots per trawl. Those smaller limits in inshore state water 
areas are contained in several of the proposed alternatives. However, 
we recognize that this may still result in some difficulty for smaller 
vessels, so we are requesting comments on whether the final regulations 
should be adjusted so that the number of traps per trawl is limited by 
specific vessel sizes. In addition, NMFS requests public comment on 
whether the net benefits of the rule would be affected, either 
positively or negatively, by exempting vessels under a particular size 
class.
    Also, because the measures developed are based on a model, which 
accounts for the way the fishing industry deployed its gear in the 
past, `credit' for past requirements has already been accounted for 
when the proposed measures were developed. However, NMFS realizes that 
potential effort reductions or increases in the future could reduce or 
increase the number of vertical lines in the water column. Therefore, 
NMFS is interested in public comment during this comment period on 
suggestions for how best to quantify potential future trap reductions 
or increases with respect to how many vertical lines could be reduced.
    Should future fishery management actions result in a reduction in 
vertical lines such that a party would want to request relief from 
certain measures of the Atlantic Large Whale Take Reduction Plan, such 
requests should be submitted and evaluated consistent with the NMFS 
Process for Evaluating Exemption Requests (https://www.nero.noaa.gov/whaletrp/plan/ALWTRT%20Exemption%20Request%20Process_final.pdf) that 
was developed in cooperation with the Team. Following the Team's 
existing Process, NMFS may allow such exemptions. As a part of the 
Process NMFS will, among other things, forward each request to the 
Team, seek to identify any issues or concerns with the request, and 
convene the Team to discuss and provide a recommendation on the request 
before taking appropriate action (i.e., commence rulemaking, request 
more information, or deny request).

Classification

    This proposed rule has been determined significant for the purposes 
of Executive Order 12866. This proposed rule contains collection of 
information requirements subject to the Paperwork Reduction Act (PRA), 
specifically, the marking of fishing gear. The proposed collection of 
information requirement was submitted to the Office of Management and 
Budget for approval. Public comment is sought regarding whether this 
proposed collection of information is necessary for the proper 
performance and function of the agency, including: the practical 
utility of the information; the accuracy of the burden estimate; the 
opportunities to enhance the quality, utility, and clarity of the 
information to be collected; and the ways to minimize the burden of the 
collection of information, including the use of automated collection 
techniques or other forms of information technology.
    The DEIS includes several alternatives on which NMFS will solicit 
comment during a 60-day public comment period. The gear marking scheme 
proposed in each alternative does not differ; however, the burden 
estimates may vary by alternative for two reasons: (1) Differences in 
the number of affected vessels between alternatives and (2) differences 
in the number of buoy lines allowed per trawl for lobster and other 
trap/pot vessels. The alternatives were analyzed two ways to account 
for varying fishing effort depending upon the behavior of industry as a 
result of the proposed closures. One way assumed 100% suspension of 
fishing as a result of the closures and the other way assumed some 
vessels would relocate to fish outside the closed areas. The table 
below depicts the range in the estimate of burden. The burden for all 
the alternatives falls within these estimates.

                                                            Table 1--Estimated Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Estimated                           Estimated
                                                                    Number of     Total  estimated    annual burden    Total estimated   annual cost  to
                     Proposed alternative                          respondents      annual burden       hours per      annual cost  to     public  per
                                                                                        hours            person            public            person
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Action.....................................................             6,130           114,541                56           $75,597               $37
Preferred.....................................................             6,143           102,178                50            67,437             32.93
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 42659]]

    Send comments on these or any other aspects of the collection of 
information to the ADDRESSES above, and to Jennifer Jessup, 
Departmental Paperwork Clearance Officer, Department of Commerce, Room 
6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via 
the Internet at JJessup@doc.gov).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirement of the PRA, unless that collection of information displays 
a valid Office of Management and Budget (OMB) Control Number.
    As required by the Regulatory Flexibility Act, NMFS prepared an 
initial regulatory flexibility analysis (IRFA) for this proposed rule. 
A summary of that IRFA follows.
    This proposed rule would identify measures that reduce the risk of 
serious injury or mortality from entanglement of large whales under the 
Plan. The objective of this proposed rule, issued pursuant to section 
118 of the MMPA, is to reduce the level of serious injury and mortality 
of right, humpback, and fin whales in commercial east coast trap/pot 
and gillnet fisheries. The small entities affected by this proposed 
rule are commercial gillnet and trap/pot fishermen.
    The geographic range of the proposed rule would include the 
Northeast Atlantic, Mid-Atlantic, and Southeast Atlantic waters. In the 
lobster trap/pot fishery, there are potentially 5,301 vessels that 
would be affected. In the other trap/pot fisheries, there are 
potentially 282 vessels that would be affected. In the blue crab 
fishery there are potentially 48 vessels that would be affected. In the 
gillnet fishery, there are approximately 499 vessels that would be 
affected. All vessels are assumed to be small entities within the 
meaning of the Regulatory Flexibility Act.
    The most affected vessels are based in the Northeast due to the 
high number of vessels that would need to reconfigure gear in this 
region. However, when considering the coastwide gear marking 
requirement, the number of vessels considered most affected is 
essentially identical under all alternatives with the exception of the 
no action alternative (Alternative 1).
    Six alternatives, consisting of one status quo, one preferred 
alternative, and four additional alternatives were evaluated using 
model vessels, each of which represents a group of vessels that share 
similar operating characteristics and would face similar requirements 
under a given regulatory alternative. Both an upper and lower bound of 
annual compliance costs for lobster and other trap/pot was analyzed. A 
summary of analysis describing the potential range of compliance costs 
follows:
    1. NMFS considered a ``no action'' or status quo alternative 
(Alternative 1) that would result in no changes to the current measures 
under the Plan and, as such, would result in no additional economic 
effects on the fishing industry.
    2. Alternative 2, which would implement new gear marking 
restrictions coastwide, increase traps per trawl, and require the use 
of weaker weak links and/or vertical lines of lower breaking strength. 
This alternative would also implement a new management area in the 
Southeast Region. Under this alternative, the average annual vessel 
compliance costs would equal or range from $1.8 to $4.5 million for 
lobster trap/pot vessels; $435,000 to $859,900 for other trap/pot 
vessels; $7,000 for blue crab and $5,000 for gillnet vessels.
    3. Alternative 3 would implement all of the requirements of 
Alternative 2, except the number of traps per trawl required in Maine 
would differ. Under this alternative NMFS proposes a closure in the 
Cape Cod Bay from February 1 through April 30. In addition, New 
Hampshire state waters would be exempt from the Plan's requirements. 
Under this alternative, the average annual vessel compliance costs 
would equal or range from $1.6 to $3.6 million for lobster trap/pot 
vessels; $420,000 to $844,000 for other trap/pot vessels; $7,000 for 
blue crab and $5,000 for gillnet vessels.
    4. Alternative 4 would implement all of the requirements of 
Alternative 2. In addition, NMFS would propose three closures: (1) 
Jordan Basin from November 1 through January 31; (2) Jeffreys Ledge 
from October 1 through January 31; and (3) Cape Cod Bay (including a 
portion of the Outer Cape and abutting the Great South Channel) from 
January 1 through April 30. Under this alternative, the average annual 
vessel compliance costs would equal or range from $3.2 to $6.6 million 
for lobster trap/pot vessels; $435,000 to $859,000 for other trap/pot 
vessels; and $7,000 for blue crab and $5,000 for gillnet vessels.
    5. Alternative 5 (Preferred Alternative) is a combination of 
Alternatives 2, 3, and 4. The traps per trawl for Maine would mimic 
what is required under alternative 3; traps per trawl in all other 
areas would mimic what is required under Alternative 2. New Hampshire 
state waters would be exempt under Alternative 5. The closures proposed 
under Alternative 4 remain in place under Alternative 5. Under this 
alternative, the average annual vessel compliance costs would equal or 
range from $3 to $5.7 million for lobster trap/pot vessels; $420,000 to 
$844,000 for other trap/pot vessels; and $7,000 for blue crab and 
$5,000 for gillnet vessels.
    6. Alternative 6 would implement all of the requirements of 
Alternative 5 with a few exceptions. Doubles would be required in 
Massachusetts state waters instead of three traps per trawl. Also, only 
one closure would be implemented. From January 1 through April 30 Cape 
Cod Bay and the Outer Cape would be closed to fishing. Under this 
alternative, the average annual vessel compliance costs would equal or 
range from $2.2 to $4.4 million for lobster trap/pot vessels; $423,000 
to $847,000 for other trap/pot vessels; and $7,000 for blue crab and 
$5,000 for gillnet vessels.
    NMFS has determined that this action is consistent to the maximum 
extent practicable with the approved coastal management programs of the 
U.S. Atlantic coastal states. This determination was submitted for 
review by the responsible state agencies under section 307 of the 
Coastal Zone Management Act. No state disagreed with our conclusion 
that this proposed rule is consistent with the enforceable policies of 
the approved coastal management program for that state.
    This proposed rule contains policies with federalism implications 
as that term is defined in Executive Order 13132. Accordingly, the 
Assistant Secretary for Legislative and Intergovernmental Affairs will 
provide notice of the proposed action to the appropriate official(s) of 
affected state, local, and/or tribal governments.

References

Burke, E. Massachusetts Large Whale Conservation Program. 
Massachusetts Division of Marine Fisheries Final Report. Submitted 
November 2011. NOAA Grant No. NA10NMF4720147.
Johnson, A. J., G. S. Salvador, J. F. Kenney, J. Robbins, S. D. 
Kraus, S. C. Landry, and P. J. Clapham. 2005. Fishing gear involved 
in entanglements of right and humpback whales, Marine Mammal 
Science, 21(4):635-645.
Keller, C.A., L. Garrison, R. Baumstark, L.I. Ward-Geiger, E. Hines. 
2012. Application of a habitat model to define calving habitat of 
the North Atlantic right whale in the southeastern United States. 
Endangered Species Research 18:73-87.
Morano, J.L., A.N. Rice, J.T. Tielens, B.J. Estabrook, A. Murray, 
B.L. Roberts and C.W. Clark. 2012. Acoustically Detected Year-Round 
Presence of Right Whales in

[[Page 42660]]

an Urbanized Migration Corridor. Conservation Biology 28:698-707.
Mussoline, SE., D. Risch, C.W. Clark, L.T. Hatch, M.T. Weinrich, D. 
N. Wiley, M.A. Thompson, P.J. Corkeron and S.M. Van Parijs. 2012. 
Seasonal and diel variation of the North Atlantic right whale up-
call: implications for management and conservation in the 
Northwestern Atlantic Ocean. Endangered Species Research 17:17-26.
Thomas, P. O., and S. M. Taber. 1984. Mother-Infant Interaction and 
Behavioral Development in Southern Right Whales, Eubalaena 
australis. Behaviour 88(1/2):42-60.
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BILLING CODE 3510-22-C

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and recordkeeping 
requirements.

    Dated: July 3, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 229 is 
proposed to be amended to read as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

0
1. The authority citation for 50 CFR part 229 continues to read as 
follows:

    Authority:  16 U.S.C. 1361 et seq.; Sec.  229.32(f) also issued 
under 16 U.S.C. 1531 et seq.
0
2. In Sec.  229.2, the definition of ``Groundline'' is revised in to 
read as follows:


Sec.  229.2  Definitions.

* * * * *
    Groundline, 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.
* * * * *
0
3. Revise Sec.  229.3 paragraphs (h) through (j) and remove and reserve 
paragraphs (k) and (l) to read as follows:


Sec.  229.3  Prohibitions.

* * * * *
    (h) It is prohibited to own, operate, or be on board a vessel 
subject to the Atlantic Large Whale Take Reduction Plan except if that 
vessel and all fishing gear comply with all applicable provisions of 
Sec.  229.32.
    (i) It is prohibited to fish for, catch, take, harvest or possess 
fish or wildlife while on board a vessel subject to the Atlantic Large 
Whale Take Reduction Plan, except if that vessel and all fishing gear 
is in compliance with all applicable provisions of Sec.  229.32.
    (j) Any person or vessel claiming the benefit of any exemption or 
exception under Sec.  229.32 has the burden of

[[Page 42665]]

proving that the exemption or exception, is applicable.
* * * * *
0
4. Section 229.32 is revised to read as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

    (a)(1) Purpose and scope. The purpose of this section is to 
implement the Atlantic Large Whale Take Reduction Plan to reduce 
incidental mortality and serious injury of fin, humpback, and right 
whales in specific Category I and Category II commercial fisheries from 
Maine through Florida. Specific Category I and II commercial fisheries 
within the scope of the Plan are identified and updated in the annual 
List of Fisheries. The measures identified in the Atlantic Large Whale 
Take Reduction Plan are also intended to benefit minke whales, which 
are not designated as a strategic stock, but are known to be taken 
incidentally in gillnet and trap/pot fisheries. The gear types affected 
by this plan include gillnets (e.g., anchored, drift, and shark) and 
traps/pots. The Assistant Administrator may revise the requirements set 
forth in this section in accordance with paragraph (i) of this section.
    (2) Regulated waters. The regulations in this section apply to all 
U.S. waters in the Atlantic except for the areas exempted in paragraph 
(a)(3) of this section.
    (3) Exempted waters. (i) The regulations in this section do not 
apply to waters landward of the first bridge over any embayment, 
harbor, or inlet in Massachusetts.
    (ii) The regulations in this section do not apply to waters 
landward of the 72 COLREGS demarcation lines (International Regulations 
for Preventing Collisions at Sea, 1972), as depicted or noted on 
nautical charts published by the National Oceanic and Atmospheric 
Administration (Coast Charts 1:80,000 scale), and as described in 33 
CFR part 80 with the exception of the COLREGS lines for Casco Bay 
(Maine), Portsmouth Harbor (New Hampshire), Gardiners Bay and Long 
Island Sound (New York), and the state of Massachusetts.
    (iii) Other exempted waters. The regulations in this section do not 
apply to waters landward of the following lines:

Maine

    The specified waters below are exempt from the regulations stated 
in this section, except for paragraph (b) of this section.
    A line connecting the following points (Quoddy Narrows/US-Canada 
border to Odiornes Pt., Portsmouth, New Hampshire):
44[deg]49.67' N. lat., 66[deg]57.77' W. long. (R N ``2'', Quoddy 
Narrows)
44[deg]48.64' N. lat., 66[deg]56.43' W. long. (G ``1'' Whistle, West 
Quoddy Head)
44[deg]47.36' N. lat., 66[deg]59.25' W. long. (R N ``2'', Morton Ledge)
44[deg]45.51' N. lat., 67[deg]02.87' W. long. (R ``28M'' Whistle, 
Baileys Mistake)
44[deg]37.70' N. lat., 67[deg]09.75' W. long. (Obstruction, Southeast 
of Cutler)
44[deg]27.77' N. lat., 67[deg]32.86' W. long. (Freeman Rock, East of 
Great Wass Island)
44[deg]25.74' N. lat., 67[deg]38.39' W. long. (R ``2SR'' Bell, Seahorse 
Rock, West of Great Wass Island)
44[deg]21.66' N. lat., 67[deg]51.78' W. long. (R N ``2'', Petit Manan 
Island)
44[deg]19.08' N. lat., 68[deg]02.05' W. long. (R ``2S'' Bell, Schoodic 
Island)
44[deg]13.55' N. lat., 68[deg]10.71' W. long. (R ``8BI'' Whistle, Baker 
Island)
44[deg]08.36' N. lat., 68[deg]14.75' W. long. (Southern Point, Great 
Duck Island)
43[deg]59.36' N. lat., 68[deg]37.95' W. long. (R ``2'' Bell, Roaring 
Bull Ledge, Isle Au Haut)
43[deg]59.83' N. lat., 68[deg]50.06' W. long. (R ``2A'' Bell, Old Horse 
Ledge)
43[deg]56.72' N. lat., 69[deg]04.89' W. long. (G ``5TB'' Bell, Two Bush 
Channel)
43[deg]50.28' N. lat., 69[deg]18.86' W. long. (R ``2 OM'' Whistle, Old 
Man Ledge)
43[deg]48.96' N. lat., 69[deg]31.15' W. long. (GR C ``PL'', Pemaquid 
Ledge)
43[deg]43.64'N. lat., 69[deg]37.58' W. long. (R ``2BR'' Bell, Bantam 
Rock)
43[deg]41.44' N. lat., 69[deg]45.27' W. long. (R ``20ML'' Bell, Mile 
Ledge)
43[deg]36.04' N. lat., 70[deg]03.98' W. long. (RG N ``BS'', Bulwark 
Shoal)
43[deg]31.94' N. lat., 70[deg]08.68' W. long. (G ``1'', East Hue and 
Cry)
43[deg]27.63' N. lat., 70[deg]17.48' W. long. (RW ``WI'' Whistle, Wood 
Island)
43[deg]20.23' N. lat., 70[deg]23.64' W. long. (RW ``CP'' Whistle, Cape 
Porpoise)
43[deg]04.06' N. lat., 70[deg]36.70' W. long. (R N ``2MR'', Murray 
Rock)
43[deg]02.93' N. lat., 70[deg]41.47' W. long. (R ``2KR'' Whistle, 
Kittery Point)
43[deg]02.55' N. lat., 70[deg]43.33' W. long. (Odiornes Pt., 
Portsmouth, New Hampshire)

New Hampshire

    New Hampshire state waters are exempt from the regulations stated 
in this section, except for paragraph (b) of this section. This 
includes the harbor waters listed below.
    A line from 42[deg]53.691' N. lat., 70[deg]48.516' W. long. to 
42[deg]53.516' N. lat., 70[deg]48.748' W. long. (Hampton Harbor)
    A line from 42[deg]59.986' N. lat., 70[deg]44.654' W. long. to 
42[deg]59.956' N., 70[deg]44.737' W. long. (Rye Harbor)

Rhode Island

    A line from 41[deg]22.441' N. lat., 71[deg]30.781' W. long. to 
41[deg]22.447' N. lat., 71[deg]30.893' W. long. (Pt. Judith Pond Inlet)
    A line from 41[deg]21.310' N. lat., 71[deg]38.300' W. long. to 
41[deg]21.300' N. lat., 71[deg]38.330' W. long. (Ninigret Pond Inlet)
    A line from 41[deg]19.875' N. lat., 71[deg]43.061' W. long. to 
41[deg]19.879' N. lat., 71[deg]43.115' W. long. (Quonochontaug Pond 
Inlet)
    A line from 41[deg]19.660' N. lat., 71[deg]45.750' W. long. to 
41[deg]19.660' N. lat., 71[deg]45.780' W. long. (Weekapaug Pond Inlet)

New York

    A line that follows the territorial sea baseline through Block 
Island Sound (Watch Hill Point, RI, to Montauk Point, NY)

South Carolina

    A line from 32[deg]34.717' N. lat., 80[deg]08.565' W. long. to 
32[deg]34.686' N. lat., 80[deg]08.642' W. long. (Captain Sams Inlet)
    (4) Sinking groundline exemption. The fisheries regulated under 
this section are exempt from the requirement to have groundlines 
composed of sinking line if their groundline is at a depth equal to or 
greater than 280 fathoms (1,680 ft or 512.1 m).
    (5) Net panel weak link and anchoring exemption. The anchored 
gillnet fisheries regulated under this section are exempt from the 
requirement to install weak links in the net panel and anchor each end 
of the net string if the float-line is at a depth equal to or greater 
than 280 fathoms (1,680 ft or 512.1 m).
    (b) Gear marking requirements. (1) Specified areas. The following 
areas are specified for gear marking purposes: Northern Inshore State 
Trap/Pot Waters, Cape Cod Bay Restricted Area, Massachusetts Restricted 
Area, Jordan Basin Restricted Area, Jeffreys Ledge Restricted Area, 
Stellwagen Bank/Jeffreys Ledge Restricted Area, Northern Nearshore 
Trap/Pot Waters Area, Great South Channel Restricted Trap/Pot Area, 
Great South Channel Restricted Gillnet Area, Great South Channel Sliver 
Restricted Area, Southern Nearshore Trap/Pot Waters Area, Offshore 
Trap/Pot Waters Area, Other Northeast Gillnet Waters Area, Mid/South 
Atlantic Gillnet Waters Area, Other Southeast Gillnet Waters Area, 
Southeast U.S. Restricted Areas, Southeast U.S. Monitoring Area, and

[[Page 42666]]

Maine and New Hampshire exempted state waters.
    (2) Markings. All specified gear in specified areas must be marked 
with the color code shown in (b)(3) of this section. The color of the 
color code must be permanently marked on or along the line or lines 
specified below under paragraphs (b)(2)(i) and (ii) of this section. 
Each color mark of the color codes must be clearly visible when the 
gear is hauled or removed from the water. The rope must be marked at 
least three times (top, middle, bottom) and each mark must total 12-
inch (30.5 cm) in length. If the mark consists of two colors then each 
color mark may be 6-inch (15.25 cm) for a total mark of 12-inch (30.5 
cm). If the color of the rope is the same as or similar to a color 
code, then a white mark may be substituted for that color code. In 
marking or affixing the color code, the line may be dyed, painted, or 
marked with thin colored whipping line, thin colored plastic, or heat-
shrink tubing, or other material; or a thin line may be woven into or 
through the line; or the line may be marked as approved in writing by 
the Assistant Administrator. A brochure illustrating the techniques for 
marking gear is available from the Regional Administrator, NMFS, 
Northeast Region upon request.
    (i) Buoy line markings. All buoy lines greater than 4 feet (1.22 m) 
long must be marked within 2 feet (0.6 m) of the top of the buoy line 
(closest to the surface), midway along the length of the buoy line, and 
within 2 feet (0.6 m) of the bottom of the buoy line.
    (ii) Net panel markings. Each gillnet net panel must be marked 
along both the floatline and the leadline at least once every 100 yards 
(91.4 m).
    (iii) Surface buoy markings. Trap/pot and gillnet gear regulated 
under this section must mark all surface buoys to identify the vessel 
or fishery with one of the following: the owner's motorboat 
registration number, the owner's U.S. vessel documentation number, the 
federal commercial fishing permit number, or whatever positive 
identification marking is required by the vessel's home-port state. 
When marking of surface buoys is not already required by state or 
federal regulations, the letters and numbers used to mark the gear to 
identify the vessel or fishery must be at least 1 inch (2.5 cm) in 
height in block letters or arabic numbers in a color that contrasts 
with the background color of the buoy. A brochure illustrating the 
techniques for marking gear is available from the Regional 
Administrator, NMFS, Northeast Region upon request.
    (3) Color code. Gear must be marked with the appropriate colors to 
designate gear types and areas as follows:

                                                Color Code Scheme
----------------------------------------------------------------------------------------------------------------
           Plan management area             Lobster management area \1\                   Color
----------------------------------------------------------------------------------------------------------------
                                                  Trap/Pot Gear
----------------------------------------------------------------------------------------------------------------
Massachusetts Restricted Area............  LMA 1.......................  Red.
Jeffreys Ledge Restricted Area...........  LMA 1.......................  Red.
Northern Nearshore.......................  LMA 1, LMA 2, Outer Cape....  Red.
Northern Inshore State...................  LMA 1, LMA 2, LMA 2/3, Outer  Red.
                                            Cape.
Stellwagen Bank/Jeffreys Ledge Restricted  LMA 1.......................  Red.
 Area.
Great South Channel Restricted Area        LMA2 and Outer Cape.........  Red.
 overlapping with LMA 2 and/or Outer Cape.
Southern Nearshore.......................  LMA 4, 5, 6.................  Orange.
Southeast Restricted Area North..........  State Waters................  Blue and Orange.
Southeast Restricted Area................  Federal Waters..............  Green and Orange.
North Offshore...........................  LMA 2/3 and LMA 3...........  Black.
Great South Channel Restricted Area        LMA 2/3 and LMA 3...........  Black.
 overlapping with LMA 2/3 and/or LMA 3.
Jordan Basin Restricted Area.............  LMA 3.......................  Black.
New Hampshire and Maine Exemption Area...  LMA 1.......................  Red and Blue.
----------------------------------------------------------------------------------------------------------------
                                         Gillnet excluding shark gillnet
----------------------------------------------------------------------------------------------------------------
Cape Cod Bay Restricted Area.............  ............................  Green.
Stellwagen Bank/Jeffreys Ledge Restricted  ............................  Green.
 Area.
Great South Channel Restricted Area......  ............................  Green.
Great South Channel Restricted Sliver      ............................  Green.
 Area.
Other Northeast Gillnet Waters...........  ............................  Green.
Mid/South Atlantic Gillnet Waters........  ............................  Blue.
Southeast US Restricted Area South.......  ............................  Yellow.
Other Southeast Gillnet Waters...........  ............................  Yellow.
New Hampshire and Maine Exemption Area...  ............................  Red and Blue.
----------------------------------------------------------------------------------------------------------------
                                 Shark Gillnet (with webbing of 5'' or greater)
----------------------------------------------------------------------------------------------------------------
Southeast US Restricted Area South.......  ............................  Green and Blue.
Southeast Monitoring Area................  ............................  Green and Blue.
Other Southeast Waters...................  ............................  Green and Blue.
----------------------------------------------------------------------------------------------------------------
\1\If applicable.

    (c) Restrictions applicable to trap/pot gear in regulated waters--
(1) Universal trap/pot gear requirements. In addition to the gear 
marking requirements listed in paragraph (b) of this section and the 
area-specific measures listed in paragraphs (c)(2) through (12) of this 
section, all trap/pot gear in regulated waters, including the Northern 
Inshore State Trap/Pot Waters Area, must comply with the universal gear 
requirements listed below.\1\
---------------------------------------------------------------------------

    \1\ Fishermen are also encouraged to maintain their buoy lines 
to be as knot-free as possible. Splices are considered to be less of 
an entanglement threat and are thus preferable to knots.

---------------------------------------------------------------------------

[[Page 42667]]

    (i) No buoy line floating at the surface. No person or vessel may 
fish with trap/pot gear that has any portion of the buoy line floating 
at the surface at any time when the buoy line is directly connected to 
the gear at the ocean bottom. If more than one buoy is attached to a 
single buoy line or if a high flyer and a buoy are used together on a 
single buoy line, floating line may be used between these objects.
    (ii) No wet storage of gear. Trap/pot gear must be hauled out of 
the water at least once every 30 days.
    (iii) Groundlines. All groundlines must be composed entirely of 
sinking line. The attachment of buoys, toggles, or other floatation 
devices to groundlines is prohibited.
    (2) Area specific gear requirements. Trap/pot gear must be set 
according to the requirements outlined below and in the Table in 
paragraph (c)(2)(iii) of this section.
    (i) Single traps and multiple-trap trawls. All traps must be set 
according to the configuration outlined in the Table (c)(2)(iii). 
Trawls up to and including 5 or fewer traps must only have one buoy 
line.
    (ii) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, 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:
    (A) The breaking strength of the weak links must not exceed the 
breaking strength listed in paragraph (c)(2)(iii) of this section for a 
specified management area.
    (B) The weak link must be chosen from the following list approved 
by NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. A 
brochure illustrating the techniques for making weak links is available 
from the Regional Administrator, NMFS, Northeast Region upon request.
    (C) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (iii) Table of Area Specific Gear Requirements.

----------------------------------------------------------------------------------------------------------------
                Location                           Mgmt area            Traps/trawl       Weak link strength
----------------------------------------------------------------------------------------------------------------
ME State Waters.........................  Northern Inshore State....               2  <= 600 lbs.
ME Zones A-G (3-6 miles)................  Northern Nearshore........               3  <= 600 lbs.
ME Zones A-C (6-12 miles)...............  Northern Nearshore........               5  <= 600 lbs.
ME Zones D-G (6-12 miles)...............  Northern Nearshore........              10  <= 600 lbs.
ME Zones A-E (12+ miles)................  Northern Nearshore and                  15  <= 600 lbs (<= 1500 lbs in
                                           Offshore.                                   offshore, 2,000 lbs if
                                                                                       red crab trap/pot).
ME Zones F-G (12+ miles)................  Northern Nearshore and       15 (Mar 1-Oct  <= 600 lbs (<= 1500 lbs in
                                           Offshore.                             31)   offshore, 2,000 lbs if
                                                                       20 (Nov 1-Feb   red crab trap/pot).
                                                                              28/29)
MA State Waters.........................  Northern Inshore State....               2  <= 600 lbs.
LMA 1 (0-3 miles).......................  Northern Inshore State and               3  <= 600 lbs.
                                           Massachusetts Restricted
                                           Area and Stellwagen Bank/
                                           Jeffreys Ledge Restricted
                                           Area.
LMA 1 (3-12 miles)......................  Northern Nearshore and                  10  <= 600 lbs.
                                           Massachusetts Restricted
                                           Area and Stellwagen Bank/
                                           Jeffreys Ledge Restricted
                                           Area.
LMA 1 (12+ miles).......................  Northern Nearshore........              20  <= 600 lbs.
LMA1/OC Overlap (0-3 miles).............  Northern Inshore State and               2  <= 600 lbs.
                                           Massachusetts Restricted
                                           Area.
OC (0-3 miles)..........................  Northern Inshore State and               2  <= 600 lbs.
                                           Massachusetts Restricted
                                           Area.
OC (3-12 miles).........................  Northern Nearshore and                  10  <= 600 lbs.
                                           Massachusetts Restricted
                                           Area.
OC (12+ miles)..........................  Northern Nearshore and                  20  ..........................
                                           Great South Channel
                                           Restricted Area.
LMA 2 (0-3 miles).......................  Northern Inshore State....               3  <= 600 lbs.
LMA 2 (3-12 miles)......................  Northern Nearshore........              10  <= 600 lbs.
LMA 2 (12+ miles).......................  Northern Nearshore........              20  <= 600 lbs.
LMA 2/3 Overlap (12+ miles).............  Offshore..................              20  <= 1500 lbs (2,000 lbs if
                                                                                       red crab trap/pot).
LMA 3 (3-12 miles)......................  Offshore..................              10  <= 1500 lbs (2,000 lbs if
                                                                                       red crab trap/pot).
LMA 3 (12+ miles).......................  Offshore and Jordan Basin               20  <= 1500 lbs (2,000 lbs if
                                           Restricted Area.                            red crab trap/pot).
LMA 4 5 6...............................  Southern Nearshore........  ..............  <= 600 lbs.
FL State Waters.........................  Southeast US Restricted                  1  <= 200 lbs.
                                           Area North \2\.
GA State Waters.........................  Southeast US Restricted                  1  <= 600 lbs.
                                           Area North \2\.
SC State Waters.........................  Southeast US Restricted                  1  <= 600 lbs.
                                           Area North \2\.
Federal Waters off FL, GA, SC...........  Southeast US Restricted                  1  <= 600 lbs.
                                           Area North\2\.
----------------------------------------------------------------------------------------------------------------

    (3) Massachusetts Restricted Area--(i) Area. The Massachusetts 
restricted area is bounded by the following point surrounding the 
shoreline of Cape Cod, Massachusetts.
---------------------------------------------------------------------------

    \2\ See Sec.  229.32 (f)(1) for description of area.

[[Page 42668]]



------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
MRA1...........................  42[deg]12'           70[deg]30'
MRA2...........................  42[deg]30'           70[deg]30'
MRA3...........................  42[deg]30'           69[deg]45'
MRA4...........................  41[deg]53'           69[deg]45'
MRA5...........................  41[deg]45'           69[deg]32'
MRA6...........................  41[deg]28'           69[deg]53'
MRA7...........................  41[deg]39'           70[deg]12'
------------------------------------------------------------------------

    (ii) Closure. From January 1 to April 30, it is prohibited to fish 
with, set, or possess trap/pot gear in this area unless stowed in 
accordance with Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From May 1 through 
December 31, no person or vessel may fish with or possess trap/pot gear 
in the Massachusetts Restricted Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal trap/pot gear requirements specified in paragraph (c)(1) 
of this section, and the area-specific requirements listed in paragraph 
(c)(2) of this section, or unless the gear is stowed as specified in 
Sec.  229.2.
    (4) Great South Channel Restricted Trap/Pot Area--(i) Area. The 
Great South Channel Restricted Trap/Pot Area consists of the area 
bounded by the following points.

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GSC1...........................  41[deg]40'           69[deg]45'
GSC2...........................  41[deg]0'            69[deg]05'
GSC3...........................  41[deg]38'           68[deg]13'
GSC4...........................  42[deg]10'           68[deg]31'
------------------------------------------------------------------------

    (ii) Closure. From April 1 through June 30, it is prohibited to 
fish with, set, or possess trap/pot gear in this area unless stowed in 
accordance with Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From July 1 
through March 31, no person or vessel may fish with or possess trap/pot 
gear in the Great South Channel Restricted Trap/Pot Area unless that 
gear complies with the gear marking requirements specified in paragraph 
(b) of this section, the universal trap/pot gear requirements specified 
in paragraph (c)(1) of this section, and the area-specific requirements 
listed in paragraph (c)(2) of this section, or unless the gear is 
stowed as specified in Sec.  229.2.
    (5) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as the Cape Cod 
Bay Restricted Area in paragraph (c)(3) of this section, that lie south 
of 43[deg]15' N. lat. and west of 70[deg]00' W. long.
    (ii) Year round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess trap/pot gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, and the area-specific requirements 
listed in paragraph (c)(2) of this section, or unless the gear is 
stowed as specified in Sec.  229.2.
    (6) Offshore Trap/Pot\3\ Waters Area--(i) Area. The Offshore Trap/
Pot Waters Area includes all Federal waters of the EEZ Offshore 
Management Area 3, including the area known as the Area \2/3\ Overlap 
and Area \3/5\ Overlap as defined in the American Lobster Fishery 
regulations at 50 CFR 697.18, with the exception of the Great South 
Channel Restricted Trap/Pot Area and Southeast Restricted Area, and 
extending south along the 100-fathom (600-ft or 182.9-m) depth contour 
from 35[deg]14' N. lat. south to 27[deg]51' N. lat., and east to the 
eastern edge of the EEZ.
---------------------------------------------------------------------------

    \3\ Fishermen using red crab trap/pot gear should refer to Sec.  
229.32(c)(10) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess trap/pot gear in the Offshore 
Trap/Pot Waters Area that overlaps an area from the U.S./Canada border 
south to a straight line from 41[deg]18.2' N. lat., 71[deg]51.5' W. 
long. (Watch Hill Point, RI) south to 40[deg]00' N. lat., and then east 
to the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, and the area-specific requirements listed in paragraph 
(c)(2) of this section, or unless the gear is stowed as specified in 
Sec.  229.2.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an 
area bounded on the north by a straight line from 41[deg]18.2' N. lat., 
71[deg]51.5' W. long. (Watch Hill Point, RI) south to 40[deg]00' N. 
lat. and then east to the eastern edge of the EEZ, and bounded on the 
south by a line at 32[deg]00' N. lat., and east to the eastern edge of 
the EEZ, unless that gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal trap/pot gear 
requirements specified in paragraph (c)(1) of this section, and area-
specific requirements in paragraph (c)(2) or unless the gear is stowed 
as specified in Sec.  229.2.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an 
area from 32[deg]00' N. lat. south to 29[deg]00' N. lat. and east to 
the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, the area-specific requirements in paragraph (c)(2) of 
this section or unless the gear is stowed as specified in Sec.  229.2.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an 
area from 29[deg]00' N. lat. south to 27[deg]51' N. lat. and east to 
the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, the area-specific requirements in paragraph (c)(2) in 
this section, or unless the gear is stowed as specified in Sec.  229.2.
    (vi) [Reserved]
    (7) Northern Inshore State Trap/Pot Waters Area--(i) Area. The 
Northern Inshore State Trap/Pot Waters Area includes the state waters 
of Rhode Island, Massachusetts, and Maine, with the exception of Cape 
Cod Bay Restricted Area and those waters exempted under paragraph 
(a)(3) of this section. Federal waters west of 70[deg]00'N.lat. in 
Nantucket Sound are also included in the Northern Inshore State Trap/
Pot Waters Area.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess trap/pot gear in the Northern 
Inshore State Trap/Pot Waters Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal trap/pot gear requirements specified in paragraph (c)(1) 
of this section, the area-specific requirements in paragraph (c)(2) of 
this section or unless the gear is stowed as specified in Sec.  229.2.
    (8) Northern Nearshore Trap/Pot Waters Area--(i) Area. The Northern 
Nearshore Trap/Pot Waters Area includes all Federal waters of EEZ 
Nearshore Management Area 1, Area 2, and the Outer Cape Lobster 
Management Area (as defined in the American Lobster Fishery regulations 
at 50 CFR 697.18), with the exception of

[[Page 42669]]

the Great South Channel Restricted Trap/Pot Area, Cape Cod Bay 
Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, 
Federal waters west of 70[deg]00'N.lat. in Nantucket Sound (included in 
the Northern Inshore State Trap/Pot Waters Area) and those waters 
exempted under paragraph (a)(3) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess trap/pot gear in the Northern 
Nearshore Trap/Pot Waters Area unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, the area-specific requirements in paragraph (c)(2) of 
this section, or unless the gear is stowed as specified in Sec.  229.2.
    (9) Southern Nearshore\4\ Trap/Pot Waters Area--(i) Area. The 
Southern Nearshore Trap/Pot Waters Area includes all state and Federal 
waters which fall within EEZ Nearshore Management Area 4, EEZ Nearshore 
Management Area 5, and EEZ Nearshore Management Area 6 (as defined in 
the American Lobster Fishery regulations in 50 CFR 697.18, and 
excluding the Area \3/5\ Overlap), and inside the 100-fathom (600-ft or 
182.9-m) depth contour line from 35[deg]30' N lat. south to 27[deg]51' 
N lat. and extending inshore to the shoreline or exemption line, with 
the exception of those waters exempted under paragraph (a)(3) of this 
section and those waters in the Southeast Restricted Area defined in 
paragraph (f)(1) of this section.
---------------------------------------------------------------------------

    \4\ Fishermen using red crab trap/pot gear should refer to Sec.  
229.32(c)(10) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess trap/pot gear in the Southern 
Nearshore Trap/Pot Waters Area that is east of a straight line from 
41[deg]18.2' N. lat., 71[deg]51.5' W. long. (Watch Hill Point, RI) 
south to 40[deg]00' N. lat., unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, the area-specific requirements in paragraph (c)(2) of 
this section or unless the gear is stowed as specified in Sec.  229.2.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area bounded on the north by a straight line from 
41[deg]18.2' N. lat., 71[deg]51.5' W. long. (Watch Hill Point, RI) 
south to 40[deg]00' N. lat. and then east to the eastern edge of the 
EEZ, and bounded on the south by 32[deg]00' N. lat., and east to the 
eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements in paragraph (c)(1) of this 
section, the area-specific requirements in paragraph (c)(2) of this 
section or unless the gear is stowed as specified in Sec.  229.2.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area from 32[deg]00' N. lat. south to 29[deg]00' N. lat. 
and east to the eastern edge of the EEZ, unless that gear complies with 
the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, the area-specific requirements in 
paragraph(c)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area from 29[deg]00' N. lat. south to 27[deg]51' N. lat. 
and east to the eastern edge of the EEZ, unless that gear complies with 
the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, the area-specific requirements in 
paragraph (c)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (vi) [Reserved]
    (10) Restrictions applicable to the red crab trap/pot fishery--(i) 
Area. The red crab trap/pot fishery is regulated in the waters 
identified in paragraphs (c)(6)(i) and (c)(9)(i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess red crab trap/pot gear in the 
area identified in paragraph (c)(10)(i) of this section that overlaps 
an area from the U.S./Canada border south to a straight line from 
41[deg] 18.2' N. lat., 71[deg]51.5' W. long. (Watch Hill Point, RI) 
south to 40[deg]00' N. lat., and then east to the eastern edge of the 
EEZ, unless that gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal trap/pot gear 
requirements specified in paragraph (c)(1) of this section, the area-
specific requirements in paragraph (c)(2) or unless the gear is stowed 
as specified in Sec.  229.2.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess red 
crab trap/pot gear in the area identified in paragraph (c)(11)(i) of 
this section that overlaps an area bounded on the north by a straight 
line from 41[deg]18.2' N. lat., 71[deg]51.5' W. long. (Watch Hill 
Point, RI) south to 40[deg] 00' N. lat. and then east to the eastern 
edge of the EEZ, and bounded on the south by a line at 32[deg]00' N. 
lat., and east to the eastern edge of the EEZ, unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, the area-specific requirements in 
paragraph (c)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
red crab trap/pot gear in the area identified in paragraph (c)(11)(i) 
of this section that overlaps an area from 32[deg]00' N. lat. south to 
29[deg]00' N. lat. and east to the eastern edge of the EEZ, unless that 
gear complies with the gear marking requirements specified in paragraph 
(b) of this section, the universal trap/pot gear requirements specified 
in paragraph (c)(1) of this section, the area-specific requirements in 
paragraph (c)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess 
red crab trap/pot gear in the area identified in paragraph (c)(11)(i) 
of this section that overlaps an area from 29[deg]00' N. lat. south to 
27[deg]51' N. lat. and east to the eastern edge of the EEZ, unless that 
gear complies with the gear marking requirements specified in paragraph 
(b) of this section, the universal trap/pot gear requirements specified 
in paragraph (c)(1) of this section, the area-specific requirements in 
paragraph (c)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2
    (vi) [Reserved]
    (11) Jeffreys Ledge Restricted Area--(i) Area. The Jeffreys 
Restricted Area is bounded by the following points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
JLRA1..........................  43[deg]15'.........  70[deg]25'
JLRA2..........................  43[deg]15'.........  70[deg]00'
JLRA3..........................  42[deg]50'.........  70[deg]25'
JLRA4..........................  42[deg]50'.........  70[deg]00'
------------------------------------------------------------------------


[[Page 42670]]

    (ii) Closure. From October 1 to January 31, it is prohibited to 
fish with, set, or possess trap/pot gear in this area unless stowed in 
accordance with Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From February 1 
through September 30, no person or vessel may fish with or possess 
trap/pot gear in the Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, and the area-specific requirements 
listed in paragraph (c)(2) of this section, or unless the gear is 
stowed as specified in Sec.  229.2
    (12) Jordan Basin Restricted Area--(i) Area. The Jordan Basin 
Restricted Area is bounded by the following points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
JBRA1..........................  43[deg]15'.........  68[deg]50'
JBRA2..........................  43[deg]35'.........  68[deg]20'
JBRA3..........................  43[deg]25'.........  68[deg]05'
JBRA4..........................  43[deg]05'.........  68[deg]20'
JBRA5..........................  43[deg]05'.........  68[deg]35'
------------------------------------------------------------------------

    (ii) Closure. From November 1 to January 31, it is prohibited to 
fish with, set, or possess trap/pot gear in this area unless stowed in 
accordance with Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From February 1 
through October 31, no person or vessel may fish with or possess trap/
pot gear in the Jordan Basin Restricted unless that gear complies with 
the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in 
paragraph (c)(1) of this section, and the area-specific requirements 
listed in paragraph (c)(2) of this section, or unless the gear is 
stowed as specified in Sec.  229.2.
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in paragraphs (d)(3) through (d)(8) of this section, 
all anchored gillnet gear in regulated waters must comply with the 
universal gear requirements listed below.\5\
---------------------------------------------------------------------------

    \5\ Fishermen are also encouraged to maintain their buoy lines 
to be as knot-free as possible. Splices are considered to be less of 
an entanglement threat and are thus preferable to knots.
---------------------------------------------------------------------------

    (i) No buoy line floating at the surface. No person or vessel may 
fish with anchored gillnet gear that has any portion of the buoy line 
floating at the surface at any time when the buoy line is directly 
connected to the gear at the ocean bottom. If more than one buoy is 
attached to a single buoy line or if a high flyer and a buoy are used 
together on a single buoy line, sinking and/or neutrally buoyant line 
must be used between these objects.
    (ii) No wet storage of gear. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (iii) Groundlines. All groundlines must be composed entirely of 
sinking line unless exempted from this requirement under paragraph 
(a)(4) of this section. The attachment of buoys, toggles, or other 
floatation devices to groundlines is prohibited.
    (2) Area specific gear restrictions. No person or vessel may fish 
with or possess anchored gillnet gear in Areas referenced in paragraphs 
(d)(3) through (d)(8) of this section, unless that gear complies with 
the gear requirements specified in paragraph (d)(1) of this section, 
and the area specific requirements listed below, or unless the gear is 
stowed as specified in Sec.  229.2.
    (i) Buoy line weak links. All buoys, flotation devices and/or 
weights (except 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:
    (A) The weak link must be chosen from the following list approved 
by NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. A 
brochure illustrating the techniques for making weak links is available 
from the Regional Administrator, NMFS, Northeast Region upon request.
    (B) The breaking strength of the weak links must not exceed 1,100 
lb (499.0 kg).
    (C) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (ii) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (499.0 kg). The weak link requirements apply 
to all variations in panel size. All net panels in a string must 
contain weak links that meet one of the following two configurations 
unless exempted from this requirement under paragraph (a)(5) of this 
section:
    (A) Configuration 1. (1) The weak link must be chosen from the 
following list 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. A brochure illustrating 
the techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request; and
    (2) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (3) One weak link must be placed as close as possible to each end 
of the net panels on the floatline; and
    (4) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (5) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every 25 fathoms (150 ft 
or 45.7 m) along the floatline.
    (B) Configuration 2. (1) The weak link must be chosen from the 
following list 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. A brochure illustrating 
the techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request; and
    (2) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (3) One weak link must be placed between the floatline tie loops 
between net panels; and
    (4) One weak link must be placed where the floatline tie loops 
attaches to the bridle, buoy line, or groundline at the end of a net 
string; and
    (5) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (6) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every 25 fathoms (150 ft 
or 45.7 m) along the floatline.
    (iii) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds to the ocean bottom through 
the use of a fluke, spade, plow, or pick) having the holding capacity 
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless 
exempted

[[Page 42671]]

from this requirement under paragraph (a)(5) of this section. Dead 
weights do not meet this requirement. A brochure illustrating the 
techniques for rigging anchoring systems is available from the Regional 
Administrator, NMFS, Northeast Region.
    (3) Cape Cod Bay Restricted Area--(i) Area. The Cape Cod Bay 
restricted area is bounded by the following points and on the south and 
east by the interior shoreline of Cape Cod, Massachusetts.

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CCB1...........................  41[deg]40'           69[deg]45'
CCB2...........................  42[deg]30'           69[deg]45'
CCB3...........................  42[deg]30'           70[deg]30'
CCB4...........................  42[deg]12'           70[deg]30'
------------------------------------------------------------------------

    (ii) Closure. During January 1 through May 15 of each year, no 
person or vessel may fish with or possess anchored gillnet gear in the 
Cape Cod Bay Restricted Area unless the gear or practices comply with 
those specifications, or unless the gear is stowed as specified in 
Sec.  229.2. The Assistant Administrator may waive this closure for the 
remaining portion of the winter restricted period in any year through a 
notification in the Federal Register if NMFS determines that right 
whales have left the restricted area and are unlikely to return for the 
remainder of the season.
    (iii) Area-specific gear or vessel requirements. From May 16 
through December 31 of each year, no person or vessel may fish with or 
possess anchored gillnet gear in the Cape Cod Bay Restricted Area 
unless that gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements listed in paragraph (d)(2) of this section, 
or unless the gear is stowed as specified in Sec.  229.2.
    (4) Great South Channel Restricted Gillnet Area--(i) Area. The 
Great South Channel Restricted Gillnet Area consists of the area 
bounded by lines connecting the following four points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GSC1...........................  41[deg]02.2'.......  69[deg]02'
GSC2...........................  41[deg]43.5'.......  69[deg]36.3'
GSC3...........................  42[deg]10'.........  68[deg]31'
GSC4...........................  41[deg]38'.........  68[deg]13'
------------------------------------------------------------------------

    (ii) Closure. From April 1 through June 30 of each year, no person 
or vessel may set, fish with or possess anchored gillnet gear in the 
Great South Channel Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (i) of this section and the gear 
or practices comply with those specifications, or unless the gear is 
stowed as specified in Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From July
    (iii) Area-specific gear or vessel requirements. From July 1 
through March 31 of each year, no person or vessel may fish with or 
possess anchored gillnet gear in the Great South Channel Restricted 
Gillnet Area unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, the universal 
anchored gillnet gear requirements specified in paragraph (d)(1) of 
this section, and the area-specific requirements listed in paragraph 
(d)(2) of this section or unless the gear is stowed as specified in 
Sec.  229.2.
    (5) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GSCRA1.........................  41[deg]02.2'.......  69[deg]02'
GSCRA2.........................  41[deg]43.5'.......  69[deg]36.3'
GSCRA3.........................  41[deg]40'.........  69[deg]45'
GSCRA4.........................  41[deg]00'.........  69[deg]05'
------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Great South Channel Sliver Restricted Area unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal anchored gillnet gear requirements specified in 
paragraph (d)(1) of this section, and the area-specific requirements 
listed in paragraph (d)(2) of this section or unless the gear is stowed 
as specified in Sec.  229.2.
    (6) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as the Cape Cod 
Bay Restricted Area in paragraph(d)(3) of this section that lie south 
of 43[deg]15' N. lat. and west of 70[deg]00' W. long.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the area-specific 
requirements listed in paragraph (d)(2) of this section or unless the 
gear is stowed as specified in Sec.  229.2.
    (7) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all state and Federal U.S. 
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W. 
long. south to 36[deg]33.03' N. lat. and east to the eastern edge of 
the EEZ, with the exception of the Cape Cod Bay Restricted Area, 
Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South Channel 
Restricted Gillnet Area, Great South Channel Sliver Restricted Area, 
and exempted waters listed in paragraph (a)(3) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Other Northeast Gillnet Waters Area that overlaps an area from the 
U.S./Canada border south to a straight line from 41[deg]18.2' N. lat., 
71[deg]51.5' W. long. (Watch Hill Point, RI) south to 40[deg]00' N. 
lat. and then east to the eastern edge of the EEZ, unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the area-specific 
requirements listed in paragraph (d)(2) of this section or unless the 
gear is stowed as specified in Sec.  229.2
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
anchored gillnet gear in the Other Northeast Gillnet Waters Area that 
is south of a straight line from 41[deg]18.2' N. lat., 71[deg]51.5' W. 
long. (Watch Hill Point, RI) south to 40[deg]00' N. lat. and then east 
to the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal anchored gillnet gear requirements specified in paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (8) Mid/South Atlantic Gillnet Waters--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the 
north from Long Island, NY, at 72[deg]30' W. long. south to 
36[deg]33.03' N. lat. and east to the eastern edge of the EEZ, and 
bounded on the south by 32[deg]00' N. lat., and east to the eastern 
edge of the EEZ. When the Mid/South Atlantic Gillnet Waters Area 
overlaps the Southeast U.S. Restricted Area and its restricted period 
as

[[Page 42672]]

specified in paragraphs (f)(1) and (f)(2) of this section, then the 
closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) of this section applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with or possess anchored 
gillnet gear in the Mid/South Atlantic Gillnet Waters unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the following area-
specific requirements, or unless the gear is stowed as specified in 
Sec.  229.2. When the Mid/South Atlantic Gillnet Waters Area overlaps 
the Southeast U.S. Restricted Area and its restricted period as 
specified in paragraphs (f)(1) and (f)(2) of this section, then the 
closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) of this section applies.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except 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:
    (1) The weak link must be chosen from the following list approved 
by NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. A 
brochure illustrating the techniques for making weak links is available 
from the Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (499.0 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Net panel weak links. The weak link requirements apply to all 
variations in panel size. All net panels must contain weak links that 
meet the following specifications unless exempted under paragraph 
(a)(5) of this section:
    (1) The breaking strength for each of the weak links must not 
exceed 1,100 lb (499.0 kg).
    (2) The weak link must be chosen from the following list approved 
by NMFS: plastic weak links or rope of appropriate breaking strength. 
If rope of appropriate breaking strength is used throughout the 
floatline then individual weak links are not required. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (3) 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) in length, or at least every 25 fathoms (150 ft or 45.7 m) along the 
floatline for longer panels.
    (C) Additional anchoring system and net panel weak link 
requirements. All gillnets must return to port with the vessel unless 
the gear meets the following specifications:
    (1) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds to the ocean bottom through 
the use of a fluke, spade, plow, or pick) having the holding capacity 
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless 
exempted under paragraph (a)(5) of this section. Dead weights do not 
meet this requirement. A brochure illustrating the techniques for 
rigging anchoring systems is available from the Regional Administrator, 
NMFS, Northeast Region upon request.
    (2) Net panel weak links. Net panel weak links must meet the 
specifications in this paragraph. The breaking strength of each weak 
link must not exceed 1,100 lb (499.0 kg). The weak link requirements 
apply to all variations in panel size. All net panels in a string must 
contain weak links that meet one of the following two configurations 
found in paragraphs (d)(2)(ii)(A) or (d)(2)(ii)(B)of this section.
    (3) Additional provision for North Carolina. All gillnets set 300 
yards (274.3 m) or less from the shoreline in North Carolina must meet 
the anchoring system and net panel weak link requirements in paragraphs 
(d)(8)(ii)(C)(1) and (d)(8)(ii)(C)(2) of this section, or the 
following:
    (i) The entire net string must be less than 300 yards (274.3 m) 
from shore.
    (ii) The breaking strength of each weak link must not exceed 600 lb 
(272.2 kg). The weak link requirements apply to all variations in panel 
size.
    (iii) All net panels in a string must contain weak links that meet 
one of the following two configuration specifications found in 
paragraphs (d)(2)(ii)(A) or (d)(2)(ii)(B) of this section.
    (iv) Regardless of the number of net panels, all anchored gillnets 
must be secured at the offshore end of the net string with a burying 
anchor (an anchor that holds to the ocean bottom through the use of a 
fluke, spade, plow, or pick) having a holding capacity equal to or 
greater than an 8-lb (3.6-kg) Danforth-style anchor, and at the inshore 
end of the net string with a dead weight equal to or greater than 31 lb 
(14.1 kg).
    (e) Restrictions applicable to drift gillnet gear--(1) Cape Cod Bay 
Restricted Area--(i) Area. The Cape Cod Bay restricted area is bounded 
by the following points and on the south and east by the interior 
shoreline of Cape Cod, Massachusetts.

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CCB1...........................  41[deg]40'           69[deg]45'
CCB2...........................  42[deg]30'           69[deg]45'
CCB3...........................  42[deg]30'           70[deg]30'
CCB4...........................  42[deg]12'           70[deg]30'
------------------------------------------------------------------------

    (ii) Closure. From January 1 through April 30 of each year, no 
person or vessel may fish with or possess drift gillnet gear in the 
Cape Cod Bay Restricted Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (i) of this section and the gear or practices 
comply with those specifications, or unless the gear is stowed as 
specified in Sec.  229.2. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear or vessel requirements. From May 1 through 
December 31 of each year, no person or vessel may fish with or possess 
drift gillnet gear in the Cape Cod Bay Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Cape Cod Bay Restricted Area unless that 
gear is tended, or unless the gear is stowed as specified in Sec.  
229.2. During that time, all drift gillnet gear set by that vessel in 
the Cape Cod Bay Restricted Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (2) Great South Channel Restricted Gillnet Area--(i) Area. The 
Great South Channel Restricted Gillnet Area consists

[[Page 42673]]

of the area bounded by lines connecting the following four points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GSC1...........................  41[deg]02.2'         69[deg]02'
GSC2...........................  41[deg]43.5'         69[deg]36.3'
GSC3...........................  42[deg]10'           68[deg]31'
GSC4...........................  41[deg]38'           68[deg]13'
------------------------------------------------------------------------

    (ii) Closure. From April 1 through June 30 of each year, no person 
or vessel may set, fish with or possess drift gillnet gear in the Great 
South Channel Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (i) of this section and the gear 
or practices comply with those specifications, or unless the gear is 
stowed as specified in Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From July 1 
through March 31 of each year, no person or vessel may fish with or 
possess drift gillnet gear in the Great South Channel Restricted 
Gillnet Area unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, or unless the 
gear is stowed as specified in Sec.  229.2. Additionally, no person or 
vessel may fish with or possess drift gillnet gear at night in the 
Great South Channel Restricted Gillnet Area unless that gear is tended, 
or unless the gear is stowed as specified in Sec.  229.2. During that 
time, all drift gillnet gear set by that vessel in the Great South 
Channel Restricted Gillnet Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (3) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GSCRA1.........................  41[deg]02.2'         69[deg]02'.
GSCRA2.........................  41[deg]43.5'         69[deg]36.3'.
GSCRA3.........................  41[deg]40'           69[deg]45'.
GSCRA4.........................  41[deg]00'           69[deg]05'.
------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Great South Channel Sliver Restricted Gillnet Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Great South Channel Sliver Restricted Area 
unless that gear is tended, or unless the gear is stowed as specified 
in Sec.  229.2. During that time, all drift gillnet gear set by that 
vessel in the Great South Channel Sliver Restricted Area must be 
removed from the water and stowed on board the vessel before a vessel 
returns to port
    (4) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated the Cape Cod Bay 
Restricted Area in paragraph (e)(1) of this section, that lie south of 
43[deg]15' N. lat. and west of 70[deg]00' W. long.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Stellwagen Bank/Jeffreys Ledge Area unless 
that gear is tended, or unless the gear is stowed as specified in Sec.  
229.2. During that time, all drift gillnet gear set by that vessel in 
the Stellwagen Bank/Jeffreys Ledge Restricted Area must be removed from 
the water and stowed on board the vessel before a vessel returns to 
port.
    (5) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all state and Federal U.S. 
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W. 
long. south to 36[deg]33.03' N. lat. and east to the eastern edge of 
the EEZ, with the exception of the Cape Cod Bay Restricted Area, 
Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South Channel 
Restricted Gillnet Area, Great South Channel Sliver Restricted Area, 
and exempted waters listed in paragraph (a)(3) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Other Northeast Gillnet Waters Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
or unless the gear is stowed as specified in Sec.  229.2. Additionally, 
no person or vessel may fish with or possess drift gillnet gear at 
night in the Other Northeast Gillnet Waters Area unless that gear is 
tended, or unless the gear is stowed as specified in Sec.  229.2. 
During that time, all drift gillnet gear set by that vessel in the 
Other Northeast Gillnet Waters Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
drift gillnet gear in the Other Northeast Gillnet Waters Area that is 
south of a straight line from 41[deg]18.2' N. lat., 71[deg]51.5' W. 
long. (Watch Hill Point, RI) south to 40[deg]00' N. lat. and then east 
to the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, or 
unless the gear is stowed as specified in Sec.  229.2. Additionally, no 
person or vessel may fish with or possess drift gillnet gear at night 
in the Other Northeast Gillnet Waters Area unless that gear is tended, 
or unless the gear is stowed as specified in Sec.  229.2. During that 
time, all drift gillnet gear set by that vessel in the Other Northeast 
Gillnet Waters Area must be removed from the water and stowed on board 
the vessel before a vessel returns to port.
    (6) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the 
north from Long Island, NY at 72[deg]30' W. long. south to 
36[deg]33.03' N. lat. and east to the eastern edge of the EEZ, and 
bounded on the south by 32[deg]00' N. lat., and east to the eastern 
edge of the EEZ. When the Mid/South Atlantic Gillnet Waters Area 
overlaps the Southeast U.S. Restricted Area and its restricted period 
as specified in paragraphs (f)(1) and (f)(2) of this section, then the 
closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) of this section applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with drift gillnet gear at 
night in the Mid/South Atlantic Gillnet Waters Area unless:
    (A) The gear complies with gear marking requirements specified in 
paragraph (b) of this section;
    (B) The gear is tended; and
    (C) All gear is removed from the water and stowed on board the 
vessel before a vessel returns to port. No person or vessel may possess 
drift gillnet at night in the Mid/South Atlantic Gillnet Waters unless 
the gear is stowed as specified in Sec.  229.2. When the Mid/South 
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted 
Area and its restricted period as specified in paragraphs (f)(1) and 
(f)(2) of this section, then the closure and exemption for the 
Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this 
section applies.
    (f) Restrictions applicable to the Southeast U.S. Restricted Area--
(1) Area. The Southeast U.S. Restricted

[[Page 42674]]

Area consists of the area bounded by straight lines connecting the 
following points in the order stated from south to north:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
SERA1..........................  27[deg]51[min]       (\1\)
SERA2..........................  27[deg]51[min]       80[deg]00[min]
SERA3..........................  32[deg]00[min]       80[deg]00[min]
SERA4..........................  32[deg]36[min]       78[deg]52[min]
SERA5..........................  32[deg]51[min]       78[deg]36[min]
SERA6..........................  33[deg]15[min]       78[deg]24[min]
SERA7..........................  33[deg]27[min]       78[deg]04[min]
SERA8..........................  (\2\)                78[deg]33.9[min]
------------------------------------------------------------------------
\1\ Florida shoreline.
\2\ South Carolina shoreline.

    (i) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted 
Area N consists of the Southeast U.S. Restricted Area from 29[deg]00' 
N. lat. northward.
    (ii) Southeast U.S. Restricted Area S. The Southeast U.S. 
Restricted Area S consists of the Southeast U.S. Restricted Area 
southward of 29[deg]00' N. lat.
    (2) Restricted periods, closure, and exemptions. (i) Restricted 
periods. The restricted period for the Southeast U.S. Restricted Area N 
is from November 15 through April 15, and the restricted period for the 
Southeast U.S. Restricted Area S is from December 1 through March 31.
    (ii) Closure for gillnets. (A) Except as provided under paragraph 
(f)(2)(v) of this section, fishing with or possessing gillnet in the 
Southeast U.S. Restricted Area N during the restricted period is 
prohibited.
    (B) Except as provided under paragraphs (f)(2)(iii) and (f)(2)(iv) 
of this section, fishing with gillnet in the Southeast U.S. Restricted 
Area S during the restricted period is prohibited.
    (iii) Exemption for Southeastern U.S. Atlantic shark gillnet 
fishery. Fishing with gillnet for sharks with webbing of 5 inches (12.7 
cm) or greater stretched mesh is exempt from the restrictions under 
paragraph (f)(2)(ii)(B) of this section if:
    (A) The gillnet is deployed so that it encloses an area of water;
    (B) A valid commercial directed shark limited access permit has 
been issued to the vessel in accordance with 50 CFR 635.4(e) and is on 
board;
    (C) No net is set at night or when visibility is less than 500 
yards (1,500 ft, 460 m);
    (D) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
    (E) Each set is made under the observation of a spotter plane;
    (F) No gillnet is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (G) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear;
    (H) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section; and
    (I) The operator of the vessel calls the Southeast Fisheries 
Science Center Panama City Laboratory in Panama City, FL, not less than 
48 hours prior to departing on any fishing trip in order to arrange for 
observer coverage. If the Panama City Laboratory requests that an 
observer be taken on board a vessel during a fishing trip at any time 
from December 1 through March 31 south of 29[deg]00' N. lat., no person 
may fish with such gillnet aboard that vessel in the Southeast U.S. 
Restricted Area S unless an observer is on board that vessel during the 
trip.
    (iv) Exemption for Spanish Mackerel component of the Southeast 
Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is 
exempt from the restrictions under paragraph (f)(2)(ii)(B) of this 
section from December 1 through December 31, and from March 1 through 
March 31 if:
    (A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4\7/8\ 
inches (12.4 cm) stretched mesh;
    (B) A valid commercial vessel permit for Spanish mackerel has been 
issued to the vessel in accordance with 50 CFR 622.4(a)(2)(iv) and is 
on board;
    (C) No person may fish with, set, place in the water, or have on 
board a vessel a gillnet with a float line longer than 800 yards (2,400 
ft, 732 m);
    (D) No person may fish with, set, or place in the water more than 
one gillnet at any time;
    (E) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm);
    (F) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends 
either when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water;
    (G) No net is set at night or when visibility is less than 500 
yards (1,500 ft, 460 m);
    (H) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
    (I) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (J) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear; and
    (K) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements for anchored gillnets specified in 
paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this section for the 
Mid/South Atlantic Gillnet Waters.
    (v) Exemption for vessels in transit with gillnet aboard. 
Possession of gillnet aboard a vessel in transit is exempt from the 
restrictions under paragraph (f)(2)(ii)(A) of this section if: All nets 
are covered with canvas or other similar material and lashed or 
otherwise securely fastened to the deck, rail, or drum; and all buoys, 
high flyers, and anchors are disconnected from all gillnets. No fish 
may be possessed aboard such a vessel in transit.
    (vi) Restrictions for trap/pot gear. Fishing with trap/pot gear in 
the Southeast U.S. Restricted Area N during the restricted period is 
allowed if:
    (A) Trap/pot gear is not fished in a trap/pot trawl;
    (B) All buoys or flotation devices are attached to the buoy line 
with a weak link that meets the requirements of paragraph (c)(2)(ii) of 
this section. The weak link has a maximum breaking strength of 600 lbs 
(272 kg) except in Florida State waters where the maximum breaking 
strength is 200 lbs (91 kg);
    (C) The buoy line has a maximum breaking strength of 2,200 lbs (998 
kg) except in Florida State waters where the maximum breaking strength 
is 1,500 lbs (630 kg);
    (D) The entire buoy line must be free of objects (e.g., weights, 
floats, etc.) except where it attaches to the buoy and trap/pot;
    (E) The buoy line is made of sinking line;
    (F) The gear complies with gear marking requirements as specified 
in paragraph (b) of this section; and
    (G) Trap/pot gear that is deployed in the EEZ (as defined in 50 CFR 
600.10) is brought back to port at the conclusion of each fishing trip.
    (g) Restrictions applicable to the Other Southeast Gillnet Waters 
(1) Area--The Other Southeast Gillnet Waters Area includes all waters

[[Page 42675]]

bounded by 32[deg]00[min] N. lat. on the north (near Savannah, GA), 
26[deg]46.50[min] N. lat. on the south (near West Palm Beach, FL), 
80[deg]00[min] W. long. on the west, and the EEZ boundary on the east.
    (2) Closure for gillnets. Fishing with or possessing gillnet gear 
in the Other Southeast Gillnet Waters Area north of 29[deg]00[min]N 
lat. from November 15 through April 15 or south of 29[deg]00[min] N 
lat. from December 1 through March 31 is allowed if one of the 
following exemptions applies:
    (i) Exemption for Southeastern U.S. Atlantic shark gillnet fishery. 
Fishing with or possessing gillnet gear with webbing of 5 inches (12.7 
cm) or greater stretched mesh is allowed if:
    (A) The gear is marked as required in paragraph (b) of this 
section.
    (B) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale; and
    (C) The gear is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear.
    (ii) Exemption for Southeast Atlantic gillnet fishery. Fishing with 
or possessing gillnet gear is allowed if:
    (A) The gear is marked as required in paragraph (b) of this 
section; or
    (B) The gear is fished south of 27[deg]51[min] N.
    (iii) Exemption for vessels in transit with gillnet aboard. 
Possession of gillnet gear aboard a vessel in transit is allowed if:
    (A) All nets are covered with canvas or other similar material and 
securely fastened to the deck, rail, or drum; and
    (B) All buoys, high flyers, and anchors are disconnected from all 
gillnets.
    (h) Restrictions applicable to the Southeast U.S. Monitoring Area--
(1) Area. The Southeast U.S. Monitoring Area consists of the area from 
27[deg]51' N. lat. (near Sebastian Inlet, FL) south to 26[deg]46.50' N. 
lat. (near West Palm Beach, FL), extending from the shoreline or 
exemption line out to 80[deg]00' W. long.
    (2) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery. Fishing with or possessing gillnet gear with webbing of 5 
inches (12.7 cm) or greater stretched mesh from December 1 through 
March 31 is allowed if:
    (i) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section;
    (ii) The vessel owner/operator is in compliance with the vessel 
monitoring system (VMS) requirements found in 50 CFR 635.69; and
    (iii) The vessel owner/operator and crew are in compliance with 
observer requirements found in 50 CFR 229.7.
    (3) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery vessels in transit. Possession of gillnet gear with webbing of 
5 inches (12.7 cm) or greater stretched mesh aboard a vessel in transit 
from December 1 through March 31 is allowed if:
    (i) All gear is stowed as specified in 50 CFR 229.2; and
    (ii) The vessel owner/operator is in compliance with the vessel 
monitoring system (VMS) requirements found in 50 CFR 635.69.
    (i) Other provisions. In addition to any other emergency authority 
under the Marine Mammal Protection Act, the Endangered Species Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, or other 
appropriate authority, the Assistant Administrator may take action 
under this section in the following situations:
    (1) Entanglements in critical habitat or restricted areas. If a 
serious injury or mortality of a right whale occurs in the Cape Cod Bay 
Restricted Area from January 1 through May 15, in the Great South 
Channel Restricted Area from April 1 through June 30, the Southeast 
U.S. Restricted Area N from November 15 to April 15, or the Southeast 
U.S. Restricted Area S from December 1 through March 31 as the result 
of an entanglement by trap/pot or gillnet gear allowed to be used in 
those areas and times, the Assistant Administrator shall close that 
area to that gear type (i.e., trap/pot or gillnet) for the rest of that 
time period and for that same time period in each subsequent year, 
unless the Assistant Administrator revises the restricted period in 
accordance with paragraph (i)(2) of this section or unless other 
measures are implemented under paragraph (i)(2) of this section.
    (2) Other special measures. The Assistant Administrator may, in 
consultation with the Take Reduction Team, revise the requirements of 
this section through a publication in the Federal Register if:
    (i) NMFS verifies that certain gear characteristics are both 
operationally effective and reduce serious injuries and mortalities of 
endangered whales;
    (ii) New gear technology is developed and determined to be 
appropriate;
    (iii) Revised breaking strengths are determined to be appropriate;
    (iv) New marking systems are developed and determined to be 
appropriate;
    (v) NMFS determines that right whales are remaining longer than 
expected in a closed area or have left earlier than expected;
    (vi) NMFS determines that the boundaries of a closed area are not 
appropriate;
    (vii) Gear testing operations are considered appropriate; or
    (viii) Similar situations occur.

[FR Doc. 2013-16779 Filed 7-15-13; 8:45 am]
BILLING CODE 3510-22-P