Fisheries of the Northeastern United States; Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan, 65576-65580 [2024-17734]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Proposed Rules]
[Pages 65576-65580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240805-0212]
RIN 0648-BN01


Fisheries of the Northeastern United States; Framework Adjustment 
15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to 
the Spiny Dogfish Fishery Management Plan

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 is proposing to approve, and implement through 
regulations, measures included in Framework Adjustment 15 to the 
Monkfish Fishery Management Plan/Framework Adjustment 6 to the Spiny 
Dogfish Fishery Management Plan, which the New England and Mid-Atlantic 
Fishery Management Councils jointly adopted and submitted to NMFS for 
approval. This action would establish area-based gear requirements for 
vessels fishing in the monkfish and spiny dogfish fisheries with 
gillnets in order to reduce bycatch of Atlantic sturgeon in these 
fisheries. This action is necessary to minimize bycatch of Atlantic 
sturgeon in the monkfish and spiny dogfish fisheries to the extent 
practicable and fulfill requirements of the Biological Opinion on Ten 
Fishery Management Plans in the Greater Atlantic Region and the New 
England Fishery Management Council's Omnibus Habitat Amendment 2.

DATES: Public comments must be received by September 11, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0082, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0082 in the Search

[[Page 65577]]

Box (note: copying and pasting the FDMS Docket Number directly from 
this document may not yield search results). Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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).
    Copies of the Framework 15/Framework 6 document, including the 
Regulatory Flexibility Act Analysis and other supporting documents for 
the measures, are available from Cate O'Keefe, Executive Director, New 
England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950 and Chris Moore, Executive Director, Mid-Atlantic 
Fishery Management Council, 800 North State Street, Suite 201, Dover, 
DE 19901. The Framework 15/Framework 6 document is also accessible via 
the internet at: https://www.nefmc.org/management-plans/monkfish or 
https://www.mafmc.org/dogfish.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

SUPPLEMENTARY INFORMATION:

Background

    The New England Fishery Management Council (New England Council) 
and the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council) 
(collectively, the Councils) jointly manage the Monkfish and Spiny 
Dogfish Fishery Management Plans (FMPs). The New England Council is the 
administrative lead for the Monkfish FMP, while the Mid-Atlantic 
Council is the lead for the Dogfish FMP.
    NMFS issued a Biological Opinion on May 27, 2021, that considered 
the effects of the authorization of two interstate fishery management 
plans (ISFMP) and eight Federal FMPs, including the Monkfish and Spiny 
Dogfish FMPs, on Endangered Species Act (ESA)-listed species and 
designated critical habitat through a formal Section 7 consultation. 
The Biological Opinion determined that NMFS's authorization of the 
eight FMPs and two ISFMPs may adversely affect, but is not likely to 
jeopardize, Atlantic sturgeon. The Biological Opinion included an 
Incidental Take Statement and Reasonable and Prudent Measures (RPM) 
with accompanying Terms and Conditions to minimize the impacts of 
incidental take of Atlantic sturgeon. The RPMs required that NMFS 
convene a working group to review all of the available information on 
Atlantic sturgeon bycatch in the federally permitted large-mesh gillnet 
fisheries and, by May 27, 2022, develop an Action Plan to reduce 
Atlantic sturgeon bycatch in these fisheries by 2024.
    NMFS initially issued the Action Plan on May 26, 2022, and revised 
it on September 26, 2022 to incorporate feedback from the Councils and 
public. The Councils subsequently developed this joint framework 
action--Framework 15 to the Monkfish FMP and Framework 6 to the Dogfish 
FMP--to address the recommendations of the Action Plan and fulfill the 
requirements of the Biological Opinion. This Joint Framework would 
establish the New Jersey Atlantic Sturgeon Bycatch Reduction Area, the 
Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area, and the 
Virginia Atlantic Sturgeon Bycatch Reduction Area (collectively, the 
Atlantic Sturgeon Bycatch Reduction Areas). Within these areas, the 
Joint Framework would:
     Require vessels fishing on a monkfish day-at-sea (DAS) 
within the New Jersey Atlantic Sturgeon Bycatch Reduction Area to use 
low-profile gillnet gear, beginning on January 1, 2026;
     Prohibit dogfish vessels fishing in the New Jersey 
Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in 
the water overnight during the months of May and November, effective 30 
days from publication of the Final Rule; and
     Prohibit dogfish vessels fishing in the Delaware and 
Maryland Atlantic Sturgeon Bycatch Reduction Area and Virginia Atlantic 
Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water 
overnight from November through March, effective 30 days from the 
publication of the Final Rule.

Proposed Measures

1. Atlantic Sturgeon Bycatch Reduction Areas

    The measures being proposed in this Joint Framework Action are a 
set of area based-gear restrictions. To determine the location and 
spatial extent of ``hot spots'' where area-based gear restrictions 
would apply to the monkfish and spiny dogfish fisheries, observer data 
from these fisheries were summed across the years 2017-2019 and 2021-
2022 (due to the COVID-19 pandemic, there were very few observed trips 
in 2020). These observer data were stratified into squares, with each 
side being 10 minutes latitude or longitude. Boundary lines for the 
Atlantic Sturgeon Bycatch Reduction Areas were drawn such that the 
entirety of squares with the highest levels of observed bycatch of 
Atlantic sturgeon were completely encompassed by the area with a buffer 
of one mile (1.6 km), and squares of lower levels of Atlantic sturgeon 
bycatch were partially encompassed by the area being drawn in a manner 
that overlapped with observed Atlantic sturgeon bycatch on the edges of 
the hot spot area. The boundaries of these areas closest to the 
shoreline were clipped to the shore in order to extend the area 
requirements into state waters, where sturgeon are expected to be 
present. Offshore latitude and longitude points that comprised the 
resulting polygons were rounded to the nearest 0.05 or 0.1 of a minute 
to improve ease of compliance and enforcement.
    Four distinct areas were identified via this methodology: One off 
the coast of Rhode Island/Southern New England; one off the coast of 
New Jersey; and two off the coasts of Delaware, Maryland, and Virginia. 
This action proposes gear requirements that would be in place within 
the New Jersey Atlantic Sturgeon Bycatch Reduction Area, the Delaware 
and Maryland Atlantic Sturgeon Bycatch Reduction Area, and the Virginia 
Atlantic Sturgeon Bycatch Reduction Area. No measures are being 
proposed for the area off the coast of Rhode Island/Southern New 
England.

2. Low-Profile Gillnet Gear

    This framework action would require vessels fishing on a Monkfish 
DAS within the New Jersey Atlantic Sturgeon Bycatch Reduction Area that 
are using large mesh (i.e., greater than or equal to 10 inches (25.4 
centimeters (cm)) to use low-profile gillnet gear. Low-profile gillnet 
gear is defined by the Councils as having:
     Mesh size ranging from 12 to 13 inches (30.48 to 33.02 
cm);
     Net height ranging from 6 to 8 meshes tall;
     Net length of 300 feet (91.44 meters (m));
     Tie-down length of less than or equal to 30 inches (76.2 
cm);
     Tie-down spacing of 12 feet (3.66 m);
     Primary hanging ratio of 0.50;
     Twine size of 0.81 millimeters (mm); and

[[Page 65578]]

     Tie downs at every float to keep the float line down.
    These characteristics are intended to reduce interaction with 
Atlantic sturgeon by reducing the likelihood that Atlantic sturgeon 
high in the water column will become entangled, by allowing smaller 
sturgeon to swim through the larger mesh and allowing the larger 
sturgeon to break the mesh.
    The proposed requirement to use low-profile gillnet gear within the 
New Jersey Atlantic Sturgeon Bycatch Reduction Area would begin on 
January 1, 2026, as recommended by the Councils, to allow for the twine 
size to be considered under Marine Mammal Protection Act (MMPA) 
provisions and to provide industry time to transition to new gear. The 
current definition of the low-profile gillnet gear would require a 
twine size of 0.81 mm; however, this conflicts with current Harbor 
Porpoise Take Reduction Plan (HPTRP) Regulations, which require that 
large-mesh gillnet gear in the waters off the New Jersey Management 
area have a twine size at least 0.9 mm in diameter from January 1 
through April 30, except during April 1 through April 20 (50 CFR 
229.34(b)(1)(ii)). The Harbor Porpoise Take Reduction Team (HPTRT) has 
been asked by the Councils to consider whether this requirement could 
be modified to reduce the twine size required in the HPTRP regulations. 
The process for making such a change, including the rulemaking process, 
would be expected to take approximately one year.
    The low-profile gillnet design is a new gear configuration for a 
large majority of the fleet. The transition to the new gear will 
require construction of new nets, which may take time on the part of 
gear manufacturers, who are limited in number. Thus, the delay provides 
industry with the time necessary to acquire and familiarize itself with 
the new selective gear.

3. Overnight Soak Prohibitions

    Within the New Jersey Atlantic Sturgeon Bycatch Reduction Area, 
this action would require federally permitted spiny dogfish vessels 
fishing with roundfish gillnets (i.e., not tie-down gillnets) with a 
mesh size between 5 and 10 inches (12.7 to 25.4 cm) to remove nets from 
the water by 8:00 p.m. Eastern Time (ET) each day until 5:00 a.m. ET 
the following day. This requirement would be in place from May 1 
through May 31 and November 1 through November 30 of each year. This 
seasonal requirement is based on observer data showing that, of takes 
observed from 2017-2019 and 2021-2022, takes by dogfish vessels within 
the New Jersey Atlantic Sturgeon Bycatch Reduction Area during May and 
November accounted for a combined 23 percent of all observed takes by 
dogfish vessels during the time period.
    In the Delaware and Maryland Sturgeon Bycatch Area and in the 
Virginia Atlantic Sturgeon Bycatch Reduction Area, this action would 
require federally permitted spiny dogfish vessels fishing with 
roundfish gillnets (i.e., not tie-down gillnets) with a mesh size 
between 5.25 and 10 inches (13.34 to 25.4 cm) to remove nets from the 
water by 8:00 p.m. ET each day until 5:00 a.m. ET the following day. 
This requirement would be in place from November 1 through March 31 
each year. This seasonal requirement is based on observer data showing 
that, of takes observed from 2017-2019 and 2021-2022, takes by dogfish 
vessels within the Delaware and Maryland Bycatch Reduction Area and in 
the Virginia Sturgeon Bycatch Reduction Area from November through 
March accounted for 59 percent of all observed takes by dogfish vessel 
during the time period.
    Implementing an overnight soak restriction for these vessels in the 
Atlantic Sturgeon Bycatch Reduction Areas during these seasons is 
expected to reduce the amount of Atlantic sturgeon bycatch, but the 
amount of that reduction is not certain. Within these areas, the 
overnight soak prohibitions would effectively restrict the length of 
time gillnets could be soaked by dogfish vessels to a maximum of 15 
hours. Bycatch mortality increases as soak time increases, and this 
restriction will cap soak time at levels where mortality is lower. As a 
result, the overnight soak prohibitions and the resulting reduction in 
overall soak time in the fishery are expected to greatly reduce the 
mortality of Atlantic sturgeon that are caught in nets within the 
Atlantic Sturgeon Bycatch Reduction Areas.

Classification

    NMFS is issuing this rule pursuant to section 304(b)(1)(A) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), which provides specific authority for implementing this 
action. Section 304(b)(1)(A) of the Magnuson-Stevens Act authorizes 
NMFS to initiate an evaluation of proposed regulations to determine 
whether they are consistent with the fishery management plan, plan 
amendments, the Magnuson-Stevens Act and other applicable law, and, if 
that determination is affirmative, publish the regulations in the 
Federal Register for public comment.
    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Monkfish and Spiny Dogfish FMPs, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)), 
the Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this action, if adopted, would not have a 
significant economic effect on a substantial number of small entities.
    As outlined in the preamble of this rule, the purpose of this 
action is to implement Framework 15 to the Monkfish FMP and Framework 6 
to the Spiny Dogfish FMP. This Joint Framework would set area-based 
gear requirements for vessels fishing in the monkfish and spiny dogfish 
fisheries with gillnets in order to reduce bycatch of Atlantic sturgeon 
in these fisheries.
    In 2022, there were 1,899 vessels with federal commercial spiny 
dogfish or monkfish permits. Each vessel may be individually owned or 
part of a larger corporate ownership structure, and for RFA purposes, 
it is the ownership entity that is ultimately regulated by the proposed 
action. Ownership entities are identified on June 1 of each year based 
on the list of all permit numbers, for the most recent complete 
calendar year, that have applied for any type of Northeast Federal 
fishing permit. The current ownership data set is based on calendar 
year 2022 permits and contains gross sales associated with those 
permits for calendar years 2020 through 2022. For RFA purposes only, 
NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing (NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates) and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. The determination as to whether the entity is large or small 
is based on the average annual revenue for the five years from 2018 
through 2022. There are no effects on for-hire fishing operations, 
which have a different threshold ($8.0 million).
    Ownership data collected from permit holders indicate there are 
1,406 distinct business entities that held at least one

[[Page 65579]]

monkfish and/or dogfish permit that could be directly regulated by this 
proposed action in 2024. Of these, 197 were primarily for-hire 
operations, leaving 1,209 as either commercial entities or entities 
with no 2022 revenue to make such a determination. Entities with no 
2022 revenue were considered as potentially-affected commercial 
entities. Of the 1,209 commercial fishing entities or potentially-
affected commercial fishing entities, 1,198 are categorized as small 
entities and 11 are categorized as large entities, per the NMFS 
guidelines.

Monkfish Fishery

    In the 2020-2022 fishing years, 90-108 federally permitted vessels 
landed over 10,000 pounds (lb) of monkfish (measured in landed lb), 
with total monkfish landings ex-vessel revenues averaging $10.7 million 
(range $8.6-$12.2 million). For an individual vessel or dealer/
processor however, monkfish may be a crucial part of their annual 
operations. Skates, groundfish, and other fish make up a substantial 
portion of revenues on trips using Monkfish DAS, so the ability to 
target monkfish also likely facilitates these other revenues as well. 
As a result, disruptions to targeted monkfish fishing can cause 
additional revenue losses tied to the other fish that are often 
retained on monkfish trips.
    This action would require the use of a low-profile gillnet within 
an area off the coast of New Jersey, year-round. This requirement would 
not be implemented until January 1, 2026, which would provide affected 
entities the opportunity to prepare for the requirement, principally by 
purchasing nets that fit the specifications of the new design or by 
purchasing the materials necessary to build new nets. The cost of a 300 
foot (91.44 meter) low-profile net panel is estimated to be $435, and 
the total costs per vessel will vary depending on the number of nets 
being replaced. Framework Adjustment 13 to the Monkfish Fishery 
Management Plan (August 11, 2023, 88 FR 54495) estimated the range in 
the number of nets per vessel that might be replaced as a result of 
mesh size changes implemented by that action. Using that range, we 
estimate that per vessel cost to replace nets will range from $5,655 to 
$42,630. From 2018 through 2022, there were 22 vessels fishing out of 
ports in New Jersey that landed at least $1,000 of monkfish. Applying 
the per vessel costs to a fleet of 22 vessels results in a total 
fishery cost of $124,410 to $937,860. However, this figure is likely an 
overestimate because the count of 22 vessels included all ports in New 
Jersey, some of which will not be in the geographic footprint of the 
New Jersey Atlantic Sturgeon Bycatch Reduction Area. Additionally, some 
vessels currently fishing within the footprint of the New Jersey 
Atlantic Sturgeon Bycatch Reduction Area will choose to relocate their 
effort once restrictions are in place. Finally, for some, but not all, 
entities, the timing of the effectiveness of this rule will align with 
the end of the lifecycle of nets currently in use, so the costs to 
acquire the new nets would have been incurred regardless of this action 
for those entities. As a result, these short-term costs are not 
expected to be significant for the purposes of the RFA.
    The gear research that informed the development of this action 
indicated no significant difference in monkfish catch rates off New 
Jersey with the proposed gear. As a result, it is not expected that 
this action would constrain the operations of the directed monkfish 
fishery compared to recent performance.

Dogfish Fishery

    In the 2020-2022 fishing years, 9-87 federally permitted vessels 
landed over 10,000 lb of spiny dogfish (measured in live lb), with 
total spiny dogfish landings ex-vessel revenues averaging $2.5 million 
(range $2.3-$2.7 million). For an individual vessel or dealer/processor 
however, spiny dogfish may be a crucial part of their annual 
operations.
    This action would seasonally require removal of spiny dogfish 
gillnets from the water in specified areas off the coast of New Jersey, 
Delaware, Maryland, and Virginia overnight, from 8:00 p.m. ET to 5:00 
a.m. ET each day. Though this would result in some modification of 
fishing behavior, this restriction is expected to minimally constrain 
the fishery compared to current practice. As a result, negative 
impacts, including economic impacts, associated with these measures are 
expected to be minimal. Both small and large entities firms are likely 
to be impacted equivalently under the proposed framework action.

Conclusion

    Based upon the discussion in the immediately preceding paragraphs, 
this action is not expected to have a significant economic impact on a 
substantial number of small entities. Negative impacts to small 
entities engaged in the monkfish or spiny dogfish fisheries by the 
proposed action are expected to be minimal, relative to status quo. The 
number of small entities that are significantly impacted is not 
substantial, and small entities will not be disproportionately impacted 
relative to large entities. As a result, an initial regulatory 
flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, fishing.

    Dated: August 6, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. Amend Sec.  648.2 by adding in alphabetical order the definition for 
``low-profile gillnet gear'' to read as follows:


Sec.  648.2  Definitions

* * * * *
    Low-profile gillnet gear means monkfish gillnets that are 
constructed with the following characteristics designed to reduce 
interaction with Atlantic sturgeon: 12 to 13 inch (30.48 to 33.02 cm) 
diamond mesh; Net height of 6 to 8 meshes; Net length of 300 feet 
(91.44 m); Tie-down length less than or equal to 30 inches (76.2 cm); 
Tie-down spacing of 12 feet (3.66 m); Primary hanging ratio of 0.50 
(i.e., the length of webbing is twice that of the length of line used); 
Twine size of 0.81mm; and the net is tied at every float to keep the 
float line down.
* * * * *
0
3. Amend Sec.  648.14 by adding paragraphs (m)(3)(iii) and (s)(2)(iv) 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (m) * * *
    (3) * * *
    (iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch 
Reduction Area requirements specified at Sec.  648.91(d).
* * * * *
    (s) * * *
    (2) * * *
    (iv) Area requirements. Violate the Atlantic Sturgeon Bycatch 
Reduction Areas requirements specified at Sec.  648.234(a).
* * * * *
0
4. Amend Sec.  648.91 by adding paragraph (d) to read as follows:

[[Page 65580]]

Sec.  648.91  Monkfish regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    (d) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area 
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
NJ1................................  40[deg]24'         73[deg]54'
NJ2................................  40[deg]9'          73[deg]24'
NJ3................................  39[deg]30'         73[deg]51'
NJ4................................  39[deg]48'         74[deg]12'
NJ1................................  40[deg]24'         73[deg]54'
------------------------------------------------------------------------

    (2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch 
Reduction Area. Effective year round beginning on January 1, 2026, 
vessels may not fish with gillnet gear under a Monkfish DAS within the 
New Jersey Atlantic Sturgeon Bycatch Reduction Area unless:
    (i) A vessel is fishing on a monkfish-only DAS within the MA 
Exemption Area, defined at Sec.  648.80(c)(5)(ii), with roundfish 
gillnets with a mesh size between equal to or greater than 5 inches 
(12.7 cm) and less than 10 inches (25.4 cm).
    (ii) A vessel is fishing with low profile gillnet gear, as defined 
in Sec.  648.2.
0
5. Add Sec.  648.234 to read as follows:


Sec.  648.234  Gear restrictions.

    (a) New Jersey Atlantic Sturgeon Bycatch Reduction Area. (1) Area 
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
NJ1................................  40[deg]24'         73[deg]54'
NJ2................................  40[deg]9'          73[deg]24'
NJ3................................  39[deg]30'         73[deg]51'
NJ4................................  39[deg]48'         74[deg]12'
NJ1................................  40[deg]24'         73[deg]54'
------------------------------------------------------------------------

    (2) From May 1 through May 31 and November 1 through November 30 of 
each year, vessels issued a Federal spiny dogfish permit must remove 
gillnet gear with a mesh size equal to or greater than 5 inches (12.7 
cm) and less than 10 inches (25.4 cm) from within the New Jersey 
Atlantic Sturgeon Bycatch Reduction Area from 8:00 p.m. eastern time 
each day through 5:00 a.m. eastern time the following day.
    (b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area. 
(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
DM1................................  38[deg]27'         75[deg]60'
DM2................................  38[deg]21'         74[deg]48'
DM3................................  37[deg]30'         75[deg]12'
DM4................................  37[deg]48'         75[deg]30'
DM1................................  38[deg]27'         75[deg]60'
------------------------------------------------------------------------

    (2) From November 1 through March 31 of each year, vessels issued a 
Federal spiny dogfish permit must remove roundfish gillnets with a mesh 
size equal to or greater than 5.25 inches (13.3 cm) and less than 10 
inches (25.4 cm) from the water within the Delaware and Maryland 
Atlantic Sturgeon Bycatch Reduction Area from 8:00 p.m. eastern time 
each day through 5:00 a.m. eastern time the following day.
    (c) Virginia Atlantic Sturgeon Bycatch Reduction Area. (1) Area 
Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is 
defined by straight lines connecting the following points in the order 
stated:

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
VA1................................  37[deg]18'         75[deg]54'
VA2................................  36[deg]48'         75[deg]36'
VA3................................  36[deg]33'         75[deg]51'
VA4................................  36[deg]54'         76[deg]6'
VA1................................  37[deg]18'         75[deg]54'
------------------------------------------------------------------------

    (2) From November 1 through March 31 of each year, vessels issued a 
Federal spiny dogfish permit must remove roundfish gillnets with a mesh 
size equal to or greater than 5.25 inches (13.3 cm) and less than 10 
inches (25.4 cm) from the water within the Virginia Atlantic Sturgeon 
Bycatch Reduction Area from 8:00 p.m. eastern time each day through 
5:00 a.m. eastern time in the following day.

[FR Doc. 2024-17734 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-22-P