50 CFR Part 229 — Authorization for Commercial Fisheries Under the Marine Mammal Protection Act of 1972

PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTECTION ACT OF 1972 Authority: 16 U.S.C. 1361 et seq.; et seq. Source: 60 FR 45100, Aug. 30, 1995, unless otherwise noted. Subpart A—General Provisions § 229.1 Purpose and scope. (a) The regulations in this part implement sections 101(a)(5)(E) and 118 of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1371(a)(5)(E) and 1387) that provide for exceptions for the taking of marine mammals incidental to certain commercial fishing operations from the Act's general moratorium on the taking of marine mammals. (b) Section 118 of the Act, rather than sections 103 and 104, governs the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States, other than vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean purse seine fishery, and vessels that have valid fishing permits issued in accordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)). (c) The regulations of Subpart B also govern the incidental taking by commercial fishers of marine mammals from species or stocks designated under the Act as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. (d) The regulations of this part do not apply to the incidental taking of California sea otters or to Northwest treaty Indian tribal members exercising treaty fishing rights. (e) Authorizations under subpart A of this part are exemptions only from the taking prohibitions under the Act and not those under the Endangered Species Act of 1973. To be exempt from the taking prohibitions under the Endangered Species Act, specific authorization under subpart B of this part is required. (f) Authorizations under this part do not apply to the intentional lethal taking of marine mammals in the course of commercial fishing operations except as provided for under §§ 229.4(k) and 229.5(f). (g) The purposes of the regulations in this part are to: (1) Reduce the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations below the potential biological removal level for a particular stock, and (2) Reduce the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations to insignificant levels approaching a zero mortality and serious injury rate by the statutory deadline of April 30, 2001. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9086, Feb. 24, 1999] § 229.2 Definitions. In addition to the definitions contained in the Act and § 216.3 of this chapter, and unless otherwise defined in this chapter, the terms in this chapter have the following meaning: Act MMPA et seq. American lobster or lobster Homarus americanus. Anchored gillnet Assistant Administrator Authorization Certificate Bitter end Bottom portion of the line Breaking strength Bridle Buoy line Category I fishery Category II fishery Category III fishery (1) Ten percent or less of any marine mammal stock's potential biological removal level, or (2) More than 10 percent of any marine mammal stock's potential biological removal level, yet that fishery by itself is responsible for the annual removal of 1 percent or less of that stock's potential biological removal level. In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, the Assistant Administrator will determine whether the incidental serious injury or mortality is “remote” by evaluating other factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fisher reports, stranding data, and the species and distribution of marine mammals in the area or at the discretion of the Assistant Administrator. Commercial fishing operation Depleted species Driftnet, drift gillnet, or drift entanglement gear Fisher or fisherman Fishery Fishing or to fish (1) The catching, taking, or harvesting of fish; (2) The attempted catching, taking, or harvesting of fish; (3) Any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1), (2), or (3) of this definition. Fishing trip Fishing vessel vessel Float-line Gillnet Greater Atlantic Regional Administrator Groundline, Hard lay lines 5/16 Incidental Injury Insignificance threshold Interaction Large mesh gillnet Lead-line List of Fisheries Federal Register Lobster Management Area Mesh size Mid-Atlantic coastal waters Minimum population estimate (1) Is based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and (2) Provides reasonable assurance that the stock size is equal to or greater than the estimate. Modified pound net leader 5/16 Nearshore pound net Negligible impact Net productivity rate Night NMFS Nonvessel fishery Observer Offshore pound net Operator, Potential biological removal level (1) The minimum population estimate of the stock; (2) One-half the maximum theoretical or estimated net productivity rate of the stock at a small population size; and (3) A recovery factor of between 0.1 and 1.0. Pound net (1) A pound made of mesh netting that entraps the fish; (2) At least one heart made of a mesh netting that is generally in the shape of a heart and aids in funneling fish into the pound; and (3) A leader, which is a long, straight element consisting of mesh or vertical lines that directs the fish offshore towards the pound. Qualified individual Regional Fishery Management Council Reliable report Seine Serious injury Sink gillnet stab net Sinking line Small mesh gillnet Spotter plane Stowed (1) 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 larger than 6 inches (15.24 cm) in diameter, high flyers, and anchors are disconnected; and (2) Any other method of stowage authorized in writing by the Regional Administrator and subsequently published in the Federal Register. Strategic stock (1) For which the level of direct human-caused mortality exceeds the potential biological removal level; (2) Which, based on the best available scientific information, is declining and is likely to be listed as a threatened species under the Endangered Species Act of 1973 within the foreseeable future; (3) Which is listed as a threatened species or endangered species under the Endangered Species Act of 1973; or (4) Which is designated as depleted under the Marine Mammal Protection Act of 1972, as amended. Sunrise Sunset Surface system, Take Reduction Plan Take Reduction Team Tended gear or tend Tie-down Tie loops Trap/Pot Trap/pot trawl Up and down line U.S. waters Vessel owner or operator (1) A fishing vessel that engages in a commercial fishing operation; or (2) Fixed or other commercial fishing gear that is used in a nonvessel fishery. Vessel of the United States Weak link [60 FR 45100, Aug. 30, 1995] Editorial Note: For Federal Register § 229.3 Prohibitions. (a) It is prohibited to take any marine mammal incidental to commercial fishing operations except as otherwise provided in part 216 of this chapter or in this part 229. (b) It is prohibited to assault, harm, harass (including sexually harass), oppose, impede, intimidate, impair, or in any way influence or interfere with an observer, or attempt the same. This prohibition includes, but is not limited to, any action that interferes with an observer's responsibilities, or that creates an intimidating, hostile, or offensive environment. (c) It is prohibited to provide false information when registering for an Authorization Certificate, applying for renewal of the Authorization Certificate, reporting the injury or mortality of any marine mammal, or providing information to any observer. (d) It is prohibited to tamper with or destroy observer equipment in any way. (e) It is prohibited to retain any marine mammal incidentally taken in commercial fishing operations unless authorized by NMFS personnel, by designated contractors or an official observer, or by a scientific research permit that is in the possession of the vessel operator. (f) It is prohibited to intentionally lethally take any marine mammal in the course of commercial fishing operations unless imminently necessary in self-defense or to save the life of a person in immediate danger, and such taking is reported in accordance with the requirements of § 229.6. (g) It is prohibited to violate any regulation in this part or any provision of section 118 of the Act. (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 § 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 § 229.32. (j) Any person or vessel claiming the benefit of any exemption or exception under § 229.32 has the burden of proving that the exemption or exception, is applicable. (k)-(l) [Reserved] (m) It is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the areas and for the times specified in § 229.33(a)(1), (a)(3), (a)(6), and (a)(8). This prohibition also applies to areas where pingers are required, unless the vessel owner or operator complies with the pinger provisions specified in § 229.33 (a)(2) through (a)(5) and (a)(7). This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described and used as set forth in § 648.81(f)(2)(ii) of this title). (n) It is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove gillnet gear from the areas and for the times as specified in § 229.34 (b)(1)(i), (b)(2)(i), (b)(3)(i), or (b)(4)(i). (o) It is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove any large mesh or small mesh gillnet gear from the areas and for the times specified in § 229.34(b) unless the gear complies with the specified gear restrictions set forth in the provisions of paragraphs (b)(1)(ii) or (iii), (b)(2)(ii) or (iii), (b)(3)(ii) or (iii), or (b)(4)(ii) or (iii) of § 229.34. (p) It is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies in areas where pingers are required, as specified under § 229.33 (a)(2) through (a)(5) and (a)(7), unless the operator on board the vessel during fishing operations possesses and retains on board the vessel a valid pinger training authorization issued by NMFS as specified under § 229.33(c). (q)-(r) [Reserved] (s) General Bottlenose Dolphin Take Reduction Plan. (2) It is prohibited to set, fish with, or fail to remove a modified pound net leader in the Bottlenose Dolphin Pound Net Regulated Area unless the fisherman has on board the vessel a valid modified pound net leader compliance training certificate issued by NMFS. (t) It is prohibited to deploy or fish with pelagic longline gear (as defined in 50 CFR 635.2) in the EEZ (as defined in 50 CFR 600.10) of the Atlantic Ocean east of the line of demarcation between the Atlantic Ocean and the Gulf of America (as defined in 50 CFR 600.105(c)), unless the vessel complies with the requirements specified in § 229.36(c) and (d). (u) It is prohibited to deploy or fish with pelagic longline gear (as defined in 50 CFR 635.2) in the Mid-Atlantic Bight (as defined in § 229.36(b)(2)) unless the vessel complies with paragraph (t) of this section and the requirements specified in § 229.36(e). (v) It is prohibited to deep-set from a vessel registered for use under a Hawaii longline limited access permit unless the vessel complies with the gear requirements specified in § 229.37(c)(1) and (c)(2). (w) It is prohibited to fish with longline gear in the Main Hawaiian Islands Longline Fishing Prohibited Area, as defined in § 229.37(d)(1). (x) It is prohibited to deep-set in the Southern Exclusion Zone, as defined in § 229.37(d)(2), during the time the area is closed to deep-set longline fishing pursuant to § 229.37(e). (y) It is prohibited to fish with longline gear from a vessel registered for use under a Hawaii longline limited access permit in violation of the marine mammal handling and release requirements at § 229.37(f). [60 FR 45100, Aug. 30, 1995] Editorial Note: For Federal Register www.govinfo.gov. § 229.4 Requirements for Category I and II fisheries. (a) General. (2) The granting and administration of Authorization Certificates under this part will be integrated and coordinated with existing fishery license, registration, or permit systems and related programs wherever possible. These programs may include, but are not limited to, state or interjurisdictional fisheries programs. If the administration of Authorization Certificates is integrated into a program, NMFS will publish a notice in the Federal Register (b) Registration. (2) Unless a notice is published in the Federal Register (i) Name, address, and phone number of owner. (ii) Name, address, and phone number of operator, if different from owner, unless the name of the operator is not known or has not been established at the time the registration is submitted. (iii) For a vessel fishery, vessel name, length, home port; U.S. Coast Guard documentation number or state registration number, and if applicable; state commercial vessel license number and for a nonvessel fishery, a description of the gear and state commercial license number, if applicable. (iv) A list of all Category I and II fisheries in which the fisher may actively engage during the calendar year. (v) A certification signed and dated by the owner of an authorized representative of the owner as follows: “I hereby certify that I am the owner of the vessel, that I have reviewed all information contained on this document, and that it is true and complete to the best of my knowledge.” (vi) A check or money order made payable to NMFS in the amount specified in the notice of the final List of Fisheries must accompany each registration submitted to NMFS. The amount of this fee will be based on recovering the administrative costs incurred in granting an authorization. The Assistant Administrator may waive the fee requirement for good cause upon the recommendation of the Regional Director. (3) If a notice is published in the Federal Register (c) Address. (1) Alaska Region, NMFS, P.O. Box 21668, 709 West 9th Street, Juneau, AK 99802; telephone: 907-586-7235; (2) Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; telephone: 206-526-4353; (3) Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; telephone: 562-980-4001; (4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930; telephone: 978-281-9254; or (5) Southeast Region, NMFS, 9721 Executive Center Drive North, St. Petersburg, FL 33702; telephone: 727-570-5312. (d) Issuance. (2) For all other fisheries (i.e., non-integrated fisheries), NMFS will issue an Authorization Certificate and, if necessary, a decal to an owner or authorized representative who: (i) Submits a completed registration form and the required fee. (ii) Has complied with the requirements of this section and §§ 229.6 and 229.7. (iii) Has submitted updated registration or renewal registration which includes a statement (yes/no) whether any marine mammals were killed or injured during the current or previous calendar year. (3) If a person receives a renewed Authorization Certificate or a decal to which he or she is not entitled, the person shall notify NMFS within 10 days following receipt. (e) Authorization Certificate and decal requirements. (2) The Authorization Certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or, in the case of nonvessel fisheries, the Authorization Certificate with decal attached, or copy must be in the possession of the person in charge of the fishing operation. The Authorization Certificate, or copy, must be made available upon request to any state or Federal enforcement agent authorized to enforce the Act, any designated agent of NMFS, or any contractor providing observer services to NMFS. (3) Authorization Certificates and decals are not transferable. In the event of the sale or change in ownership of the vessel, the Authorization Certificate is void and the new owner must register for an Authorization Certificate and decal. (4) An Authorization Certificate holder must notify the issuing office in writing: (i) If the vessel or nonvessel fishing gear will engage in any Category I or II fishery not listed on the initial registration form at least 30 days prior to engaging in that fishery; and, (ii) If there are any changes in the mailing address or vessel ownership within 30 days of such change. (f) Reporting. (g) Disposition of marine mammals. (h) Monitoring. (i) Deterrence. (j) Self defense. (k) Take reduction plans and emergency regulations. (l) Expiration. [60 FR 45100, Aug. 30, 1995, as amended at 62 FR 46, Jan. 2, 1997; 64 FR 9086, Feb. 24, 1999] § 229.5 Requirements for Category III fisheries. (a) General. (b) Reporting. (c) Disposition of marine mammals. (d) Monitoring. (e) Deterrence. (f) Self-defense. (g) Emergency regulations. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999] § 229.6 Reporting requirements. (a) Vessel owners or operators engaged in any commercial fishery must report all incidental mortality and injury of marine mammals in the course of commercial fishing operations to the Assistant Administrator, or appropriate Regional Office, by mail or other means, such as fax or overnight mail specified by the Assistant Administrator. Reports must be sent within 48 hours after the end of each fishing trip during which the incidental mortality or injury occurred, or, for nonvessel fisheries, within 48 hours of an occurrence of an incidental mortality or injury. Reports must be submitted on a standard postage-paid form as provided by the Assistant Administrator. The vessel owner or operator must provide the following information on this form: (1) The vessel name, and Federal, state, or tribal registration numbers of the registered vessel; (2) The name and address of the vessel owner or operator; (3) The name and description of the fishery, including gear type and target species; and (4) The species and number of each marine mammal incidentally killed or injured, and the date, time, and approximate geographic location of such occurrence. A description of the animal(s) killed or injured must be provided if the species is unknown. (b) Participants in nonvessel fisheries must provide all of the information in paragraphs (a)(1) through (a)(4) of this section except, instead of providing the vessel name and vessel registration number, participants in nonvessel fisheries must provide the gear permit number. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999] § 229.7 Monitoring of incidental mortalities and serious injuries. (a) Purpose. (1) Obtain statistically reliable estimates of incidental mortality and serious injury; (2) Determine the reliability of reports of incidental mortality and injury under § 229.6; and (3) Identify changes in fishing methods or technology that may increase or decrease incidental mortality and serious injury. (b) Observer program. (1) Record incidental mortality and injury, and bycatch of other nontarget species; (2) Record numbers of marine mammals sighted; and (3) Perform other scientific investigations, which may include, but are not limited to, sampling and photographing incidental mortalities and serious injuries. (c) Observer requirements for participants in Category I and II fisheries. (2) After being notified by NMFS, or by a designated contractor providing observer services to NMFS, that the vessel is required to carry an observer, the vessel owner/operator must comply with the notification by providing information requested within the specified time on scheduled or anticipated fishing trips. (3) NMFS, or a designated contractor providing observer services to NMFS, may waive the observer requirement based on a finding that the facilities for housing the observer or for carrying out observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized. (4) The vessel owner/operator and crew must cooperate with the observer in the performance of the observer's duties including: (i) Providing, at no cost to the observer, the United States government, or the designated observer provider, food, toilet, bathing, sleeping accommodations, and other amenities that are equivalent to those provided to the crew, unless other arrangements are approved in advance by the Regional Administrator; (ii) Allowing for the embarking and debarking of the observer as specified by NMFS personnel or designated contractors. The operator of a vessel must ensure that transfers of observers at sea are accomplished in a safe manner, via small boat or raft, during daylight hours if feasible, as weather and sea conditions allow, and with the agreement of the observer involved; (iii) Allowing the observer access to all areas of the vessel necessary to conduct observer duties; (iv) Allowing the observer access to communications equipment and navigation equipment, when available on the vessel, as necessary to perform observer duties; (v) Providing true vessel locations by latitude and longitude, accurate to the minute, or by loran coordinates, upon request by the observer; (vi) Sampling, retaining, and storing of marine mammal specimens, other protected species specimens, or target or non-target catch specimens, upon request by NMFS personnel, designated contractors, or the observer, if adequate facilities are available and if feasible; (vii) Notifying the observer in a timely fashion of when all commercial fishing operations are to begin and end; (viii) Not impairing or in any way interfering with the research or observations being carried out; and (ix) Complying with other guidelines or regulations that NMFS may develop to ensure the effective deployment and use of observers. (5) Marine mammals or other specimens identified in paragraph (c)(4)(vi) of this section, which are readily accessible to crew members, must be brought on board the vessel and retained for the purposes of scientific research if feasible and requested by NMFS personnel, designated contractors, or the observer. Specimens so collected and retained must, upon request by NMFS personnel, designated contractors, or the observer, be retained in cold storage on board the vessel, if feasible, until removed at the request of NMFS personnel, designated contractors, or the observer, retrieved by authorized personnel of NMFS, or released by the observer for return to the ocean. These biological specimens may be transported on board the vessel during the fishing trip and back to port under this authorization. (d) Observer requirements for participants in Category III fisheries. (i) Believes that the incidental mortality and serious injury of marine mammals from such fishery may be contributing to the immediate and significant adverse impact on a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. (ii) Has complied with § 229.9(a)(3)(i) and (ii); or (iii) Has the consent of the vessel owner. (2) If an observer is placed on a Category III vessel, the vessel owner and/or operator must comply with the requirements of § 229.7(c). (e) Alternative observer program. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999] § 229.8 Publication of List of Fisheries. (a) The Assistant Administrator will publish in the Federal Register (b) The proposed and final revised List of Fisheries will: (1) Categorize each commercial fishery based on the definitions of Category I, II, and III fisheries set forth in § 229.2; and (2) List the marine mammals that have been incidentally injured or killed by commercial fishing operations and the estimated number of vessels or persons involved in each commercial fishery. (c) The Assistant Administrator may publish a revised List of Fisheries at other times, after notification and opportunity for public comment. (d) The revised final List of Fisheries will become effective no sooner than 30 days after publication in the Federal Register. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999] § 229.9 Emergency regulations. (a) If the Assistant Administrator finds that the incidental mortality or serious injury of marine mammals from commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on a stock or species, the Assistant Administrator will: (1) In the case of a stock or species for which a take reduction plan is in effect— (i) Prescribe emergency regulations that, consistent with such plan to the maximum extent practicable, reduce incidental mortality and serious injury in that fishery; and (ii) Approve and implement on an expedited basis, any amendments to such plan that are recommended by the Take Reduction Team to address such adverse impact; (2) In the case of a stock or species for which a take reduction plan is being developed— (i) Prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery; and (ii) Approve and implement, on an expedited basis, such plan, which will provide methods to address such adverse impact if still necessary; (3) In the case of a stock or species for which a take reduction plan does not exist and is not being developed, or in the case of a Category III fishery that the Assistant Administrator believes may be contributing to such adverse impact, (i) Prescribe emergency regulations to reduce such incidental mortality and serious injury in that fishery, to the extent necessary to mitigate such adverse impact; (ii) Immediately review the stock assessment for such stock or species and the classification of such commercial fishery under this section to determine if a take reduction team should be established and if recategorization of the fishery is warranted; and (iii) Where necessary to address such adverse impact on a species or stock listed as a threatened species or endangered species under the Endangered Species Act (16 U.S.C. 1531 et seq. (b) Prior to taking any action under § 229.9(a)(1) through (3), the Assistant Administrator will consult with the Marine Mammal Commission, all appropriate Regional Fishery Management Councils, state fishery managers, and the appropriate take reduction team, if established. (c) Any emergency regulations issued under this section: (1) Shall be published in the Federal Register (2) May be terminated by notification in the Federal Register (d) If the Assistant Administrator finds that incidental mortality and serious injury of marine mammals in a commercial fishery is continuing to have an immediate and significant adverse impact on a stock or species, the Assistant Administrator may extend the emergency regulations for an additional period of not more than 90 days or until reasons for the emergency regulations no longer exist, whichever is earlier. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999] § 229.10 Penalties. (a) Except as provided for in paragraphs (b) and (c) of this section, any person who violates any regulation under this part or any provision of section 118 of the MMPA shall be subject to all penalties set forth in the Act. (b) The owner or master of a vessel that fails to comply with a take reduction plan shall be subject to the penalties of sections 105 and 107 of the Act, and may be subject to the penalties of section 106 of the Act. (c) The owner of a vessel engaged in a Category I or II fishery who fails to ensure that a decal, or other physical evidence of such authorization issued by NMFS, is displayed on the vessel or is in possession of the operator of the vessel shall be subject to a penalty of not more than $100. (d) Failure to comply with take reduction plans or emergency regulations issued under this part may result in suspension or revocation of an Authorization Certificate, and failure to comply with a take reduction plan or emergency regulation is also subject to the penalties of sections 105 and 107 of the Act, and may be subject to the penalties of section 106 of the Act. (e) For fishers operating in Category I or II fisheries, failure to report all incidental injuries and mortalities within 48 hours of the end of each fishing trip, or failure to comply with requirements to carry an observer, will subject such persons to the penalties of sections 105 and 107 and may subject them to the penalties of section 106 of the Act, which will result in suspension, revocation, or denial of an Authorization Certificate until such requirements have been fulfilled. (f) For fishers operating in Category III fisheries, failure to report all incidental injuries and mortalities within 48 hours of the end of each fishing trip will subject such persons to the penalties of sections 105 and 107, and may subject them to section 106, of the Act. (g) Suspension, revocation or denial of Authorization Certificates. (2) The Assistant Administrator may suspend or revoke an Authorization Certificate or deny an annual renewal of an Authorization Certificate in accordance with the provisions in 15 CFR part 904 if the Authorization Certificate holder fails to comply with any applicable take reduction plan, take reduction regulations, or emergency regulations developed under this subpart or subparts B and C of this part or if the Authorization Certificate holder fails to comply with other requirements of these regulations; (3) A suspended Authorization Certificate may be reinstated at any time at the discretion of the Assistant Administrator provided the Assistant Administrator has determined that the reasons for the suspension no longer apply or corrective actions have been taken. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999] § 229.11 Confidential fisheries data. (a) Proprietary information collected under this part is confidential and includes information, the unauthorized disclosure of which could be prejudicial or harmful, such as information or data that are identifiable with an individual fisher. Proprietary information obtained under part 229 will not be disclosed, in accordance with NOAA Administrative Order 216-100, except: (1) To Federal employees whose duties require access to such information; (2) To state employees under an agreement with NMFS that prevents public disclosure of the identity or business of any person; (3) When required by court order; or (4) In the case of scientific information involving fisheries, to employees of Regional Fishery Management Councils who are responsible for fishery management plan development and monitoring. (5) To other individuals or organizations authorized by the Assistant Administrator to analyze this information, so long as the confidentiality of individual fishers is not revealed. (b) Information will be made available to the public in aggregate, summary, or other such form that does not disclose the identity or business of any person in accordance with NOAA Administrative Order 216-100. Aggregate or summary form means data structured so that the identity of the submitter cannot be determined either from the present release of the data or in combination with other releases. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999] § 229.12 Consultation with the Secretary of the Interior. The Assistant Administrator will consult with the Secretary of the Interior prior to taking actions or making determinations under this part that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under the Act. Subpart B—Takes of Endangered and Threatened Marine Mammals § 229.20 Issuance of permits. (a) Determinations. (1) The incidental mortality and serious injury from commercial fisheries will have a negligible impact on such species or stock; (2) A recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered Species Act of 1973; and (3) Where required under regulations in subpart A of this part: (i) A monitoring program has been established under § 229.7; (ii) Vessels engaged in such fisheries are registered in accordance with § 229.4; and (iii) A take reduction plan has been developed or is being developed for such species or stock in accordance with regulations at subpart C of this part. (b) Procedures for making determinations. Federal Register Federal Register (c) Issuance of authorization. (d) Category III fisheries. (e) Emergency authority. (f) Suspension, revocation, modification and amendment. (g) Southern sea otters. [60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999] Subpart C—Take Reduction Plan Regulations and Emergency Regulations § 229.30 Basis. Section 118(f)(9) of the Act authorizes the Director, NMFS, to impose regulations governing commercial fishing operations, when necessary, to implement a take reduction plan in order to protect or restore a marine mammal stock or species covered by such a plan. [64 FR 9088, Feb. 24, 1999] § 229.31 Pacific Offshore Cetacean Take Reduction Plan. (a) Purpose and scope. (b) Extenders. extender (c) Pingers. (2) While at sea, operators of drift gillnet vessels with gillnets onboard must carry enough pingers on the vessel to meet the requirements set forth under paragraphs (c)(3) through(6) of this section. (3) Floatline. (4) Leadline. (5) Staggered Configuration. (6) Any materials used to weight pingers must not change its specifications set forth under paragraph (c)(1) of this section. (7) The pingers must be operational and functioning at all times during deployment. (8) If requested, NMFS may authorize the use of pingers with specifications or pinger configurations differing from those set forth in paragraphs (c)(1) and (c)(3) of this section for limited, experimental purposes within a single fishing season. (d) Skipper education workshops. [62 FR 51813, Oct. 3, 1997, as amended at 63 FR 27861, May 21, 1998; 64 FR 3432, Jan. 22, 1999] § 229.32 Atlantic large whale take reduction plan regulations. (a) Purpose and scope Whales and fixed gear fisheries. e.g., (2) Regulated waters U.S. Atlantic waters. (ii) Northeast Region. (iii) Six-mile line. Table 1 to Paragraph ( a iii 44°31.98′ N lat., 67°9.72′ W long. (Machias Seal) 44°3.42′ N lat., 68°10.26′ W long. (Mount Desert Island) 43°40.98′ N lat., 68°48.84′ W long. (Matinicus) 43°39.24′ N lat., 69°18.54′ W long. (Monhegan) 43°29.4′ N lat., 70°5.88′ W long. (Casco Bay) 42°55.38′ N lat., 70°28.68′ W long. (Isle of Shoals) 42°49.53′ N lat., 70°32.84′ W long. 42°46.74′ N lat., 70°27.70′ W long. 42°44.18′ N lat., 70°24.91′ W long. 42°41.61′ N lat., 70°23.84′ W long. 42°38.18′ N lat., 70°24.06′ W long. 42°35.39′ N lat., 70°25.77′ W long. 42°32.61′ N lat., 70°27.91′ W long. 42°30.00′ N lat., 70°30.60′ W long. 42°17.19′ N lat., 70°34.80′ W long. 42°12.48′ N lat., 70°32.20′ W long. 42°12.27′ N lat., 70°25.98′ W long. 42°11.62′ N lat., 70°16.78′ W long. 42°12.27′ N lat., 70°10.14′ W long. 42°12.05′ N lat., 70°54.26′ W long. 42°11.20′ N lat., 70°17.86′ W long. 42°09.55′ N lat., 69°58.80′ W long. (Provincetown) (iv) Maine pocket waters. Table 2 to Paragraph ( a iv West of Monhegan Island in the area north of the line 43°42.17′ N lat., 69°34.27′ W long. and 43°42.25′ N lat., 69°19.3′ W long. East of Monhegan Island in the area located north of the line 43°44′ N lat., 69°15.08′ W long. and 43°48.17′ N lat., 69°8.02′ W long. South of Vinalhaven Island in the area located west of the line 43°52.31′ N lat., 68°40′ W long. and 43°58.12′ N lat., 68°32.95′ W long. South of Bois Bubert Island in the area located northwest of the line 44°19.27′ N lat., 67°49.5′ W long. and 44°23.67′ N lat., 67°40.5′ W long. (v) Maine Lobster Management Zones: Table 3 to Paragraph ( a v Maine lobster management zone Description A—East The eastern and offshore boundary of Zone A East follows the International Boundary line between Canada and the United States (Maine) extending to and following the Exclusive Economic Zone boundary to approximately 44°8′ N lat., 67°18.00′ W long. A—West The eastern boundary of Zone A West is the western boundary of Zone A East. B The eastern boundary of Zone B is the western boundary of Zone A West. The western boundary follows a line that starts at the southernmost end of Newbury Neck following a straight line connecting the points as follows: 44°13.7′ N lat, 68°27.8 W long. (a point 1 4 The offshore boundary is the LMA1/LMA3 boundary. C The eastern boundary of Zone C is the western boundary of Zone B. The western boundary runs along a line connecting the points as follows: 44°18.72′ N lat., 68°49.61′ W long. (Head of the Cape, Cape Rosier), SSW to 44°10.49′ N lat., 68°55.57′ W long., SW to 44°06.14′ N lat, 69°00.00′ W long., S to 44°04.51′ N lat., 69°00.01′ W long., SSE to 44° 00.79′ N lat., 68°59.48′ W long., SSE to 43°58.01′ N lat., 68°58.02′ W long., WSW to 43°57.82′ N lat., 68° 58.69′ W long., SSW to 43°56.86′ N lat., 68°58.85′ W long., SE to 43°55.30′ N lat., 68°55.00′ W long., WSW to 43°54.27′ N lat., 68°58.33′ W long., S to 43°51.00′ N lat., 68°58.31′ W long., W to 43°51.00′ N lat., 69°00.11′ W long., SSE to 43°46.57′ N lat., 68°59.30′ W long., SW to 43°44.88′ N lat., 69°01.97′ W long., SE to 43°35.08′ N lat., 68° 50.08′ W long., S to 43°19.63′ N lat., 68° 44.255′ W long. where it intersects the LMA1/LMA3 boundary. The offshore boundary is the LMA1/LMA3 boundary. D The eastern boundary of Zone D runs along the points as follows: 44° 18.72′ N, 068° 49.61′ W (Head of the Cape, Cape Rosier), SSW to 44° 10.492′ N, 068° 55.574′ W, SW to 44° 06.136′ N, 069° 00.000′ W, S to 44° 04.506′ N, 069° 00.014′ W, SSE to 44° 00.788′ N, 068° 59.475′ W, SSE to 43° 58.011′ N, 068° 58.023′ W, ENE to 43° 58.194′ N, 068° 57.381′ W, SSE to 43° 57.309′ N, 068° 57.226′ W, SE to 43° 55.688′ N, 068° 53.662′ W, WSW to 43° 55.285′ N, 068° 55.000′ W, WSW to 43° 54.265′ N, 068° 58.330′ W, S to 43° 50.997′ N, 068° 58.313′ W, W to 43° 51.001′ N, 069° 00.107′ W, SSE to 43° 46.565′ N, 068° 59.298′ W, NE to 43° 47452′ N, 068° 57.853′ W, SE to 43° 44.669′ N, 068° 54.350′ W, S to 43°19.63′ N lat., 68° 44.255′ W long. where it intersects the LMA1/LMA3 boundary. The western boundary of Zone D starts at the southern tip of Pemaquid Point, SSW and follows a line connecting the points as follows: 43°48.1′ N lat, 69°30′W long., S to 43°39.0′ N lat, 69°30.0′ W long., S to 43°02.57′ N lat, 69°16.43′ W long., to where it intersects the LMA1/LMA3 boundary. The offshore boundary is the LMA1/LMA3 boundary. E The eastern boundary of Zone E is the western boundary of Zone C. The western boundary of Zone E begins at Newbury Point in Small Point Harbor, Phippsburg and follows a line connecting the points as follows: SSW to N″2′, SSE to “2BH”, S to 43°38.73′ N lat., 69°49.95′ W long., along the 3 mile line to 43°38.87′ N lat., 69°48.82′ W long, S to 42°53.51′ N lat., 69° 32.18′ W long., where it intersects the LMA1/LMA3 boundary. The offshore boundary is the LMA1/LMA3 boundary. F The eastern boundary of Zone F is the western boundary of Zone E. The western boundary of Zone F runs in a straight line from the active Lighthouse at Two Lights Cape Elizabeth and follows a line connecting the points as follows: 43°31.80′ N lat. 70°08.56′ W long. near the C “1” East Hue & Cry buoy, WSW to 43°29.28′ N lat, 70°11.77′ W long., S to 42°36.22′ N lat. 69°52.66′ W long, where it intersects the southeastern apex of Zone G. From this point, Zone F boundary follows a straight line southeast to 42°29.85′ N−69° 40.08′ W where it meets the LMA1/LMA3 boundary. The offshore boundary is the LMA1/LMA3 boundary. G The eastern boundary of Zone G is as follows: 43° 41.550′ N, 070° 14.650′ W, SSE 159° Magnetic to 43° 32.875′ N, 070° 05.920′ W, SSE to 42° 31.50′ N, −69° 43.34′ W where it meets with the southwestern boundary of Zone F. The western boundary of Zone G is the seaward extension of the Maine—NH border and follows a line connecting the points as follows: 43°02.62′ N lat. 70°42.1′ W long., to 42°58.92′ N lat., 70°37.65′ W long., to 42°58.75′ N lat., 70°36.72′ W long., to where it intersects with the western Zone F boundary. (3) Exempted waters COLREGS demarcation line. (ii) Other exempted waters Maine. Table 4 to Paragraph ( a ii 44°49.67′ N lat., 66°57.77′ W long. (R N “2”, Quoddy Narrows) 44°48.64′ N lat., 66°56.43′ W long. (G “1” Whistle, West Quoddy Head) 44°47.36′ N lat., 66°59.25′ W long. (R N “2”, Morton Ledge) 44°45.51′ N lat., 67°02.87′ W long. (R “28M” Whistle, Baileys Mistake) 44°37.70′ N lat., 67°09.75′ W long. (Obstruction, Southeast of Cutler) 44°27.77′ N lat., 67°32.86′ W long. (Freeman Rock, East of Great Wass Island) 44°25.74′ N lat., 67°38.39′ W long. (R “2SR” Bell, Seahorse Rock, West of Great Wass Island) 44°21.66′ N lat., 67°51.78′ W long. (R N “2”, Petit Manan Island) 44°19.08′ N lat., 68°02.05′ W long. (R “2S” Bell, Schoodic Island) 44°13.55′ N lat., 68°10.71′ W long. (R “8BI” Whistle, Baker Island) 44°08.36′ N lat., 68°14.75′ W long. (Southern Point, Great Duck Island) 43°59.36′ N lat., 68°37.95′ W long. (R “2” Bell, Roaring Bull Ledge, Isle Au Haut) 43°59.83′ N lat., 68°50.06′ W long. (R “2A” Bell, Old Horse Ledge) 43°56.72′ N lat., 69°04.89′ W long. (G “5TB” Bell, Two Bush Channel) 43°50.28′ N lat., 69°18.86′ W long. (R “2 OM” Whistle, Old Man Ledge) 43°48.96′ N lat., 69°31.15′ W long. (GR C “PL”, Pemaquid Ledge) 43°43.64′ N lat., 69°37.58′ W long. (R “2BR” Bell, Bantam Rock) 43°41.44′ N lat., 69°45.27′ W long. (R “20ML” Bell, Mile Ledge) 43°36.04′ N lat., 70°03.98′ W long. (RG N “BS”, Bulwark Shoal) 43°31.94′ N lat., 70°08.68′ W long. (G “1”, East Hue and Cry) 43°27.63′ N lat., 70°17.48′ W long. (RW “WI” Whistle, Wood Island) 43°20.23′ N lat., 70°23.64′ W long. (RW “CP” Whistle, Cape Porpoise) 43°04.06′ N lat., 70°36.70′ W long. (R N “2MR”, Murray Rock) 43°02.93′ N lat., 70°41.47′ W long. (R “2KR” Whistle, Kittery Point) 43°02.55′ N lat., 70°43.33′ W long. (Odiornes Pt., Portsmouth, New Hampshire) (B) New Hampshire. Table 5 to Paragraph ( a ii A line from 42°53.691′ N lat., 70°48.516′ W long. to 42°53.516′ N lat., 70°48.748′ W long. (Hampton Harbor) A line from 42°59.986′ N lat., 70°44.654′ W long. to 42°59.956′ N, 70°44.737′ W long. (Rye Harbor) (C) Rhode Island. Table 6 to Paragraph ( a ii A line from 41°22.441′ N lat., 71°30.781′ W long. to 41°22.447′ N lat., 71°30.893′ W long. (Pt. Judith Pond Inlet) A line from 41°21.310′ N lat., 71°38.300′ W long. to 41°21.300′ N lat., 71°38.330′ W long. (Ninigret Pond Inlet) A line from 41°19.875′ N lat., 71°43.061′ W long. to 41°19.879′ N lat., 71°43.115′ W long. (Quonochontaug Pond Inlet) A line from 41°19.660′ N lat., 71°45.750′ W long. to 41°19.660′ N lat., 71°45.780′ W long. (Weekapaug Pond Inlet) A line from 41°26.550′ N lat., 71°26.400′ W long. to 41°26.500′ N lat., 71°26.505′ W long. (Pettaquamscutt Inlet) (D) New York. (E) Massachusetts. ( 1 Exempt waters of Massachusetts Bay and Outer Cape. ( 2 Exempt waters of southern Massachusetts. (F) South Carolina. (4) Sinking groundline exemption. (5) Net panel weak link and anchoring exemption. (6) Island buffer. 1/4 (b) Gear marking requirements Specified areas. (i) Jordan Basin. Table 7 to Paragraph ( b i Point N Lat. W Long. JBRA1 43°15′ 68°50′ JBRA2 43°35′ 68°20′ JBRA3 43°25′ 68°05′ JBRA4 43°05′ 68°20′ JBRA5 43°05′ 68°35′ JBRA1 43°15′ 68°50′ (ii) Jeffreys Ledge Restricted Area. Table 8 to Paragraph ( b ii Point N Lat. W Long. JLRA1 43°15′ 70°25′ JLRA2 43°15′ 70°00′ JLRA3 42°50′ 70°00′ JLRA4 42°50′ 70°25′ JLRA1 43°15′ 70°25′ (2) Markings. (i) Northeast Region lobster and Jonah crab buoy line markings. Fisheries.NOAA.gov/ALWTRP; (ii) Other buoy line markings. Fisheries.NOAA.gov/ALWTRP; (iii) Net panel markings. (iv) Surface buoy markings. Fisheries.NOAA.gov/ALWTRP; (3) Color code. Table 9 to Paragraph ( b Color code scheme Plan management area Color Northeast Region, Lobster and Jonah Crab Trap/Pot Gear, Applicable beginning May 1, 2022 Trawls fished by vessels permitted by the state of Maine and with a principal port identified in Maine when fished in state waters Purple. Trawls fished by vessels permitted by the state of Maine and NMFS, with a principal port identified in Maine when fished in Federal LMA 1 waters * Purple, Green. Trawls fished by vessels permitted by the state of New Hampshire and with a principal port identified in New Hampshire when fished in state waters Yellow. Trawls fished by vessels permitted by the state of New Hampshire and NMFS, with a principal port identified in New Hampshire when fished in Federal LMA 1 waters * Yellow, Green. Trawls fished by vessels permitted by the state of Massachusetts and with a principal port identified in Massachusetts when fished in state waters Red. Trawls fished by vessels permitted by the state of Massachusetts and NMFS with a principal port identified in Massachusetts when fished in Federal waters of LMA 1, OC, LMA 2 (including 2/3 overlap) * Red, Green. Trawls fished by vessels permitted by the state of Rhode Island and with a principal port identified in Rhode Island when fished in state waters Silver/Gray. Trawls fished by vessels permitted by the state of Rhode Island and NMFS, with a principal port identified in Rhode Island when in Federal waters of LMA 2 (including 2/3 overlap) * Silver/Gray, Green. Trawls fished in the Northeast EEZ Offshore Management Area 3 (LMA3) excluding the 2/3 overlap Black, Green. Northeast Region, Other Trap/Pot gear Massachusetts Restricted Area Red. Northern Nearshore Red. Northern Inshore State Red. Stellwagen Bank/Jeffreys Ledge Restricted Area Red. Great South Channel Restricted Area overlapping with LMA 2 and/or Outer Cape Red. Exempt Rhode Island state waters (single traps) Red and Blue. Exempt Massachusetts state waters in LMA 1 (single traps) Red and White. Exempt Massachusetts state waters in LMA 2 (single traps) Red and Black. Exempt Massachusetts state waters in Outer Cape (single traps) Red and Yellow. Isles of Shoals, ME (single traps) Red and Orange. Great South Channel Restricted Area overlapping with LMA 2/3 and/or LMA 3 Black. Jordan Basin Black and Purple (LMA 3), Red and Purple (LMA 1) Jeffreys Ledge Red and Green. Trap/Pot Gear Southern Nearshore Orange. Southeast Restricted Area North (state Waters) Blue and Orange. Southeast Restricted Area North (Federal Waters) Green and Orange. Offshore Black. Gillnet excluding shark gillnet Cape Cod Bay Restricted Area Green. Stellwagen Bank/Jeffreys Ledge Restricted Area Green. Great South Channel Restricted Area Green. Great South Channel Restricted Sliver Area Green. Other Northeast Gillnet Waters Green. Jordan Basin Green and Yellow. Jeffreys Ledge Green and Black. Mid/South Atlantic Gillnet Waters Blue. Southeast U.S. Restricted Area South Yellow. Other Southeast Gillnet Waters Yellow. Shark Gillnet (with webbing of 5″ or greater) Southeast U.S. Restricted Area South Green and Blue. Southeast Monitoring Area Green and Blue. Other Southeast Waters Green and Blue. * For dual permitted vessels, state regulations will determine whether green marks can remain on gear being fished in state waters. (c) Restrictions applicable to trap/pot gear in regulated waters Universal trap/pot gear requirements. 1 1 (i) No buoy line floating at the surface. (ii) No wet storage of gear. (iii) Groundlines. (2) Area specific gear requirements. (i) Single traps and multiple-trap trawls. (ii) Buoy line weak links. (A) Weak link breaking strengths. (B) Approved weak links. Fisheries.NOAA.gov/ALWTRP; and (C) Clean breaks. (iii) Weak buoy lines and weak insertion devices. (A) Breaking strength. (B) Approved devices and distance between weak insertions. Fisheries.NOAA.gov/ALWTRP; and (C) Clean breaks. (iv) Table of area specific trap/pot gear requirements. Table 10 to Paragraph ( c iv Mgmt area; location Minimum number traps/trawl Minimum number of weak rope or weak insertion configuration Northeast Region Lobster and Jonah Crab Trap/Pot, Applicable beginning May 1, 2022 Northern Inshore State; Maine Zones A, B, F, G exempt waters to 3 miles 3 (1 buoy line) Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top. Northern Inshore State; Maine Zones C, D, and E exempt waters to 3 miles 2 (1 buoy line) or 4 (2 buoy lines) Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top. Northern Nearshore: Maine Zone A East 3 to 12 miles 10 (1 buoy line) or 20 (2 buoy lines) Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Nearshore: Maine Zone A West 3 to 6 miles 4 (1 buoy line) or 8 (2 buoy lines) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone A West 6 to 12 miles 8 (1 buoy line) or 15 (2 buoy lines) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone B 3 to 6 miles 5 (1 buoy line) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone C, D, E 3 to 6 miles 5 (1 buoy line) or 10 (2 buoy lines) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone F and G 3 to 6 miles 5 (1 buoy line) or 10 (2 buoy lines) Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Nearshore: Maine Zone B, D, and E 6 to 12 miles 5 (1 buoy line) or 10 (2 buoy lines) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone C 6 to 12 miles 10 (1 buoy line) or 20 (2 buoy lines) Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore: Maine Zone F 6 to 12 miles 5 (1 buoy line) or 10 (2 buoy lines) Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Nearshore: Maine Zone G 6 to 12 miles 10 (1 buoy line) or 20 (2 buoy lines) Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Inshore State and Massachusetts Restricted Area; Massachusetts State Waters 2 No minimum number of traps per trawl. Trawls up to and including 3 or fewer traps must only have one buoy line Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northern Inshore State and Massachusetts Restricted Area; Other Massachusetts State Waters 2 (1 buoy line) Trawls up to and including 3 or fewer traps must only have one buoy line Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northern Inshore State; New Hampshire State Waters No minimum trap/trawl Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top. Northern Nearshore; New Hampshire and Massachusetts (3-6 miles) 10 Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore, Massachusetts Restricted Area, and Stellwagen Bank/Jeffreys Ledge Restricted Area; LMA 1 (6-12 miles) 15 Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore and LMA1 Restricted Area; LMA1 (12+ miles) 25 Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Inshore State, Massachusetts Restricted Area, and Massachusetts South Island Restricted Area; OC and LMA1/OC Overlap(0-3 miles) No minimum number of traps per trawl Weak inserts every 60 ft (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northern Nearshore and Massachusetts Restricted Area; OC (3-12 miles) 15 Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top. Northern Nearshore and Great South Channel Restricted Area; OC (12+ miles) 20 Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top. Northern Inshore State; RI State Waters No minimum number of traps per trawl Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northern Nearshore; LMA 2 (3-12 miles) 10 Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northern Nearshore, Great South Channel Restricted Area, and Massachusetts South of Island Restricted Area; LMA 2 (12+ miles) 20 Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Offshore, Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 2/3 Overlap (12+ miles) 20 Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line. Northeast Region Offshore waters including Great South Channel Restricted Area, and Massachusetts South Island Restricted Area, with the exception of the Georges Basin and South Georges 50 Fathom Restricted Areas; LMA 3 including LMA3-only vessels fishing in 2/3 overlap 45 Weak line for the top 75 percent of one buoy line. Northeast Region Offshore waters Georges Basin Restricted Area 50 Weak line for the top 75 percent of the buoy line. Northeast Region Offshore waters South Georges 50 Fathom Restricted Area 35 Weak line for the top 75 percent of the buoy line. Other Trap/Pot Northern Inshore State; Maine State and Pocket Waters 1 2 (1 buoy line) ≤600 lb. Northern Nearshore; Maine Zones A-G (3-6 miles) 1 3 (1 buoy line) ≤600 lb. Northern Nearshore; Maine Zones A-C (6-12 miles) 1 5 (1 buoy line) ≤600 lb. Northern Nearshore; Maine Zones D-G (6-12 miles) 1 10 ≤600 lb. Northern Nearshore, Offshore, and LMA1 Restricted Area; Maine Zones A-E (12+ miles) 15 ≤600 lb (≤1500 lb in offshore, 2,000 lb if red crab trap/pot). Northern Nearshore, Offshore, and LMA1 Restricted Area; Maine Zones F-G (12+ miles) 15 (Mar 1-Oct 31) 20 (Nov 1-Feb 28/29) ≤600 ls (≤1500 lb in offshore, 2,000 ls if red crab trap/pot). Northern Inshore State and Massachusetts Restricted Area; Massachusetts State Waters 2 No minimum number of traps per trawl. Trawls up to and including 3 or fewer traps must only have one buoy line ≤600 lb. Northern Inshore State, Massachusetts Restricted Area, and Massachusetts South Island Restricted Area; Other Massachusetts State Waters 2 (1 buoy line) Trawls up to and including 3 or fewer traps must only have one buoy line ≤600 lb. Northern Inshore State; New Hampshire State Waters No minimum number of traps per trawl ≤600 lb. Northern Nearshore and Massachusetts Restricted Area and Stellwagen Bank/Jeffreys Ledge Restricted Area; LMA 1 (3-12 miles) 10 ≤600 lb. Northern Nearshore and LMA1 Restricted Area; LMA 1 (12+ miles) 20 ≤600 lb. Northern Inshore State and Massachusetts Restricted Area; LMA1/OC Overlap (0-3 miles) No minimum number of traps per trawl ≤600 lb. Northern Inshore State and Massachusetts Restricted Area; OC (0-3 miles) No minimum number of traps per trawl ≤600 lb. Northern Nearshore and Massachusetts Restricted Area; OC (3-12 miles) 10 ≤600 lb. Northern Nearshore and Great South Channel Restricted Area; OC (12+ miles) 20 ≤600 lb. Northern Inshore State; Rhode Island State Waters No minimum number of traps per trawl ≤600 lb. Northern Nearshore, and Massachusetts South Island Restricted Area; LMA 2 (3-12 miles) 10 ≤600 lb. Northern Nearshore, Great South Channel Restricted Area; LMA 2 (12+ miles) 20 ≤600 lb. Northeast Offshore and Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 2/3 Overlap (12+ miles) 20 ≤1500 lb (2,000 lb if red crab trap/pot). Northeast Offshore waters, Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 3 (12+ miles) 20 ≤1500 lb (2,000 lb if red crab trap/pot). Southern Nearshore; LMA 4,5,6 No minimum number of traps per trawl ≤600 lb. Southeast U.S. Restricted Area North 3 1 ≤200 lb. Southeast U.S. Restricted Area North; 3 1 ≤600 lb. Southeast U.S. Restricted Area North; 3 1 ≤600 lb. Southeast U.S. Restricted Area North; 3 1 ≤600 lb. 1 2 3 (3) Massachusetts Restricted Area Area. Table 11 to Paragraph ( c i Point N Lat. W Long. MRA1 42°52.32′ 70°48.98′ MRA2 42°52.58′ 70°43.94′ MRA3 42°39.77′ 70°30′ MRA4 42°30′ 70°30′ MRA5 42°30′ 69°45′ MRA6 41°56.5′ 69°45′ MRA7 41°21.5′ 69°16′ MRA8 41°15.3′ 69°57.9′ MRA9 41°20.3′ 70°00′ MRA10 41°40.2′ 70°00′ (ii) Closure to fishing with buoy lines. (iii) Area-specific gear or vessel requirements. (4) South Island Restricted Area Area. Table 12 to Paragraph ( c i Point N lat. W long. SIRA1 41°20.00′ N 71°19.00′ W SIRA2 41°20.00′ N 69°30.00′ W SIRA3 40°30.00′ N 69°30.00′ W SIRA4 40°30.00′ N 71°19.00′ W SIRA 41°20.00′ N 71°19.00′ W (ii) Closure to fishing with buoy lines. (iii) Area-specific gear or vessel requirements. (5) Great South Channel Restricted Trap/Pot Area Area. Table 13 to Paragraph ( c i Point N lat. W long. GSC1 41°40′ 69°45′ GSC2 41°0′ 69°05′ GSC3 41°38′ 68°13′ GSC4 42°10′ 68°31′ GSC1 41°40′ 69°45′ (ii) Closure to fishing with buoy lines. (iii) Area-specific gear or vessel requirements. (6) Lobster Management Area One Restricted Area Area. Table 14 to Paragraph ( c i Point N lat. W long. LMA1RA 1 43°06′ 69°36.77′ LMA1RA 2 43°44′ 68°21.6′ LMA1RA 3 43°32.68′ 68°17.27′ LMA1RA 4 42°53.52′ 69°32.16′ LMA1RA 1 43°06′ 69°36.77′ (ii) Restrictions to fishing with buoy lines. (iii) Area-specific gear or vessel requirements. (7) Stellwagen Bank/Jeffreys Ledge Restricted Area Area. (ii) Year round area-specific gear or vessel requirements. (8) Georges Basin Restricted Area Area. Table 15 to Paragraph ( c i Point N lat. W long. GBRA 1 42°03.00′ 67°40.02′ GBRA 2 42°30.00′ 67°40.02′ GBRA 3 42°30.00′ 67°27.00′ GBRA 4 42°09.30′ 67°08.70′ GBRA 1 42°03.00′ 67°40.02′ (ii) [Reserved] (iii) Area-specific gear or vessel requirements. (9) South Georges 50 Fathom Restricted Area Area. Table 16 to Paragraph ( c i Point N lat. W long. SGRA 1 40°00.00′ 71°49.86′ SGRA 2 40°06.47′ 71°24.69′ SGRA 3 40°06.49′ 71°24.62′ SGRA 4 40°20.82′ 71°03.52′ SGRA 5 40°20.89′ 71°03.42′ SGRA 6 40°21.16′ 70°35.17′ SGRA 7 40°21.16′ 70°35.02′ SGRA 8 40°16.84′ 70°07.34′ SGRA 9 40°16.81′ 70°07.17′ SGRA 10 40°09.92′ 69°40.43′ SGRA 11 40°09.87′ 69°40.25′ SGRA 12 40°14.72′ 69°12.77′ SGRA 13 40°14.74′ 69°12.63′ SGRA 14 40°19.83′ 68°45.19′ SGRA 15 40°19.86′ 68°45.05′ SGRA 16 40°31.55′ 68°21.25′ SGRA 17 40°31.63′ 68°21.10′ SGRA 18 40°34.09′ 67°52.94′ SGRA 19 40°34.11′ 67°52.76′ SGRA 20 40°38.45′ 67°24.98′ SGRA 21 40°38.46′ 67°24.90′ SGRA 22 40°50.05′ 67°00.91′ SGRA 23 40°50.14′ 67°00.73′ SGRA 24 41°00.10′ 66°35.45′ SGRA 25 41°00.21′ 66°35.18′ SGRA 26 41°14.84′ 66°21.82′ (ii) Area-specific gear or vessel requirements. (10) Offshore Trap/Pot Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (iii) Seasonal area-specific gear or vessel requirements. (iv) Seasonal area-specific gear or vessel requirements. (v) Seasonal area-specific gear or vessel requirements. (11) Northern Inshore State Trap/Pot Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (12) Northern Nearshore Trap/Pot Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (13) Southern Nearshore Trap/Pot Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (iii) Seasonal area-specific gear or vessel requirements. (iv) Seasonal area-specific gear or vessel requirements. (v) Seasonal area-specific gear or vessel requirements. (14) Restrictions applicable to the red crab trap/pot fishery Area. (ii) Year-round area-specific gear or vessel requirements. (iii) Seasonal area-specific gear or vessel requirements. (iv) Seasonal area-specific gear or vessel requirements. (v) Seasonal area-specific gear or vessel requirements. (d) Restrictions applicable to anchored gillnet gear Universal anchored gillnet gear requirements. (i) No buoy line floating at the surface. (ii) No wet storage of gear. (iii) Groundlines. (2) Area specific gear restrictions. (i) Buoy line weak links. (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, Greater Atlantic 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 paragraph (d)(2)(i). (ii) Net panel weak links. (A) Configuration 1. 1 ( 2 ( 3 ( 4 ( 5 (B) Configuration 2. 1 ( 2 ( 3 ( 4 ( 5 ( 6 (iii) Anchoring systems. (3) Cape Cod Bay Restricted Area Area. Table 17 to Paragraph (d)(3)(i) Point N lat. W long. CCB1 41°46.8′ 70°30′ CCB2 42°12′ 70°30′ CCB3 42°12′ 70°15′ CCB4 42°04.8′ 70°10′ (ii) Closure. Federal Register (iii) Area-specific gear or vessel requirements. (4) Great South Channel Restricted Gillnet Area Area. Table 18 to Paragraph (d)(4)(i) Point N lat. W long. GSC1 41°02.2′ 69°02′ GSC2 41°43.5′ 69°36.3′ GSC3 42°10′ 68°31′ GSC4 41°38′ 68°13′ (ii) Closure. (iii) Area-specific gear or vessel requirements. (5) Great South Channel Sliver Restricted Area Area. Table 19 to Paragraph (d)(5)(i) Point N lat. W long. GSCRA1 41°02.2′ 69°02′ GSCRA2 41°43.5′ 69°36.3′ GSCRA3 41°40′ 69°45′ GSCRA4 41°00′ 69°05′ (ii) Year-round area-specific gear or vessel requirements. (6) Stellwagen Bank/Jeffreys Ledge Restricted Area Area. (ii) Year-round area-specific gear or vessel requirements. (7) Other Northeast Gillnet Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (iii) Seasonal area-specific gear or vessel requirements. (8) Mid/South Atlantic Gillnet Waters Area. (ii) Area-specific gear or vessel requirements. (A) Buoy line weak links. ( 1 ( 2 ( 3 (B) Net panel weak links. ( 1 ( 2 ( 3 (C) Additional anchoring system and net panel weak link requirements. ( 1 Anchoring systems. ( 2 Net panel weak links. ( 3 Additional provision for North Carolina. 1 2 ( i ( ii ( iii ( iv (e) Restrictions applicable to drift gillnet gear Cape Cod Bay Restricted Area Area. Table 20 to Paragraph (e)(1)(i) Point N lat. W long. CCB1 41°46.8′ 70°30′ CCB2 42°12′ 70°30′ CCB3 42°12′ 70°15′ CCB4 42°04.8′ 70°10′ (ii) Closure. Federal Register (iii) Area-specific gear or vessel requirements. (2) Great South Channel Restricted Gillnet Area Area. Table 21 to Paragraph (e)(2)(i) Point N lat. W long. GSC1 41°02.2′ 69°02′ GSC2 41°43.5′ 69°36.3′ GSC3 42°10′ 68°31′ GSC4 41°38′ 68°13′ (ii) Closure. (iii) Area-specific gear or vessel requirements. (3) Great South Channel Sliver Restricted Area Area. Table 22 to Paragraph (e)(3)(i) Point N lat. W long. GSCRA1 41°02.2′ 69°02′ GSCRA2 41°43.5′ 69°36.3′ GSCRA3 41°40′ 69°45′ GSCRA4 41°00′ 69°05′ (ii) Year-round area-specific gear or vessel requirements. (4) Stellwagen Bank/Jeffreys Ledge Restricted Area Area. (ii) Year-round area-specific gear or vessel requirements. (5) Other Northeast Gillnet Waters Area Area. (ii) Year-round area-specific gear or vessel requirements. (iii) Seasonal area-specific gear or vessel requirements. (6) Mid/South Atlantic Gillnet Waters Area Area. (ii) Area-specific gear or vessel requirements. (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 § 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 (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 Area. Table 23 to Paragraph (f)(1) Point N lat. W long. SERA1 27°51′ ( 1 SERA2 27°51′ 80°00′ SERA3 32°00′ 80°00′ SERA4 32°36′ 78°52′ SERA5 32°51′ 78°36′ SERA6 33°15′ 78°24′ SERA7 33°27′ 78°04′ SERA8 ( 2 78°33.9′ 1 2 (i) Southeast U.S. Restricted Area N. (ii) Southeast U.S. Restricted Area S. (2) Restricted periods, closure, and exemptions Restricted periods. (ii) Closure for gillnets. (B) Except as provided under paragraphs (f)(2)(iii) and (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. (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°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. (A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4 7/8 (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) of this section for the Mid/South Atlantic Gillnet Waters. (v) Exemption for vessels in transit with gillnet aboard. (vi) Restrictions for trap/pot gear. (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 (91kg); (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., (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 § 600.10 of this title) is brought back to port at the conclusion of each fishing trip. (g) Restrictions applicable to the Other Southeast Gillnet Waters Area. (2) Closure for gillnets. (i) Exemption for Southeastern U.S. Atlantic shark gillnet fishery. (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. (A) The gear is marked as required in paragraph (b) of this section; or (B) The gear is fished south of 27°51′ N. (iii) Exemption for vessels in transit with gillnet aboard. (A) All nets are covered with canvas 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 Area. (2) Restrictions for Southeastern U.S. Atlantic shark gillnet fishery. (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 § 229.7. (3) Restrictions for Southeastern U.S. Atlantic shark gillnet fishery vessels in transit. (i) All gear is stowed as specified in § 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. (1) Entanglements in critical habitat or restricted areas. i.e., (2) Other special measures. Federal Register (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. [86 FR 52011, Sept. 17, 2021, as amended at 87 FR 11979, Mar. 3, 2022; 89 FR 8349, Feb. 7, 2024] § 229.33 Harbor Porpoise Take Reduction Plan Regulations—New England. (a) Restrictions Northeast Closure Area Area restrictions. (ii) Area boundaries. Northeast Closure Area Point N. Lat. W. Long. NE1 44°27.3′ 68°55.0′ (ME shoreline) NE2 43°29.6′ 68°55.0′ NE3 44°04.4′ 67°48.7′ NE4 44°06.9′ 67°52.8′ NE5 44°31.2′ 67°02.7′ NE6 44°45.8′ 67°02.7′ (ME shoreline) (2) Mid-Coast Management Area Area restrictions. (ii) Area boundaries. Mid-Coast Management Area Point N. Lat. W. Long. MC1 42°30.0′ 70°50.1′ (MA shoreline) MC2 42°30.0′ 70°15.0′ MC3 42°40.0′ 70°15.0′ MC4 42°40.0′ 70°00.0′ MC5 43°00.0′ 70°00.0′ MC6 43°00.0′ 69°30.0′ MC7 43°30.0′ 69°30.0′ MC8 43°30.0′ 69°00.0′ MC9 44°17.8′ 69°00.0′ (ME shoreline) (3) Massachusetts Bay Management Area Area restrictions. (ii) Area boundaries. Massachusetts Bay Management Area Point N. Lat. W. Long. MB1 42°30.0′ 70°50.1′ (MA shoreline) MB2 42°30.0′ 70°30.0′ MB3 42°15.0′ 70°30.0′ MB4 42°15.0′ 70°00.0′ MB5 42°00.0′ 70°00.0′ MB6 42°00.0′ 70°01.2′ (MA shoreline) MB7 42°00.0′ 70°04.8′ (MA shoreline) MB8 42°00.0′ 70°42.2′ (MA shoreline) (4) Stellwagen Bank Management Area Area restrictions. (ii) Area boundaries. Stellwagen Bank Management Area Point N. Lat. W. Long. SB1 42°30.0′ 70°30.0′ SB2 42°30.0′ 70°15.0′ SB3 42°15.0′ 70°15.0′ SB4 42°15.0′ 70°30.0′ SB1 42°30.0′ 70°30.0′ (5) Southern New England Management Area Area restrictions. (ii) Area boundaries. Southern New England Management Area Point N. Lat. W. Long. SNE1 Western boundary as specified 1 SNE2 40°00.0′ 72°30.0′ SNE3 40°00.0′ 69°30.0′ SNE4 42°15.0′ 69°30.0′ SNE5 42°15.0′ 70°00.0′ SNE6 41°58.3′ 70°00.0′ (MA shoreline) 1 (6) Cape Cod South Closure Area Area restrictions. (ii) Area boundaries. Cape Cod South Closure Area Point N. Lat. W. Long. CCS1 41°19.6′ 71°45.0′ (RI shoreline) CCS2 40°40.0′ 71°45.0′ CCS3 40°40.0′ 70°30.0′ CCS4 41°20.9′ 70°30.0′ CCS5 41°23.1′ 70°30.0′ CCS6 41°33.1′ 70°30.0′ (MA shoreline) (7) Offshore Management Area Area restrictions. (ii) Area boundaries. Offshore Management Area Point N. Lat. W. Long. OFS1 42°50.0′ 69°30.0′ OFS2 43°10.0′ 69°10.0′ OFS3 43°10.0′ 67°40.0′ OFS4 43°05.8′ 67°40.0′ (EEZ boundary) OFS5 42°53.1′ 67°44.5′ (EEZ boundary) OFS6 42°47.3′ 67°40.0′ (EEZ boundary) OFS7 42°10.0′ 67°40.0′ OFS8 42°10.0′ 69°30.0′ OFS1 42°50.0′ 69°30.0′ (8) Cashes Ledge Closure Area Area restrictions. (ii) Area boundaries. Cashes Ledge Closure Area Point N. Lat. W. Long. CL1 42°30.0′ 69°00.0′ CL2 42°30.0′ 68°30.0′ CL3 43°00.0′ 68°30.0′ CL4 43°00.0′ 69°00.0′ CL1 42°30.0′ 69°00.0′ (b) Pingers Pinger specifications. (2) Pinger attachment. (c) Pinger training and authorization. (d) [Reserved] (e) Research permits. (f) Other special measures. Federal Register (1) NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch below the stock's PBR level. (2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level. [75 FR 7396, Feb. 19, 2010, as amended at 78 FR 61826, Oct. 4, 2013] § 229.34 Harbor Porpoise Take Reduction Plan Regulations—Mid-Atlantic. (a)(1) Regulated waters. (2) Exempted waters. New York 40°45.70′ N., 72°45.15′ W. to 40°45.72′ N., 72°45.30′ W. (Moriches Bay Inlet) 40°37.32′ N., 73°18.40′ W. to 40°38.00′ N., 73°18.56′ W. (Fire Island Inlet) 40°34.40′ N., 73°34.55′ W. to 40°35.08′ N., 73°35.22′ W. (Jones Inlet) New Jersey/Delaware 39°45.90′ N., 74°05.90′ W. to 39°45.15′ N., 74°06.20′ W. (Barnegat Inlet) 39°30.70′ N., 74°16.70′ W. to 39°26.30′ N., 74°19.75′ W. (Beach Haven to Brigantine Inlet) 38°56.20′ N., 74°51.70′ W. to 38°56.20′ N., 74°51.90′ W. (Cape May Inlet) All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (Delaware Bay) Maryland/Virginia 38°19.48′ N., 75°05.10′ W. to 38°19.35′ N., 75°05.25′ W. (Ocean City Inlet) All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (Chincoteague to Ship Shoal Inlet) 37°11.10′ N., 75°49.30′ W. to 37°10.65′ N., 75°49.60′ W. (Little Inlet) 37°07.00′ N., 75°53.75′ W. to 37°05.30′ N., 75°56.′ W. (Smith Island Inlet) North Carolina All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (b) Restrictions Waters off New Jersey Management Area. Waters Off New Jersey Management Area Point N. Lat. W. Long. WNJ1 40°50.1′ 72°30.0′ (NY shoreline) WNJ2 38°47.0′ 72°30.0′ WNJ3 38°47.0′ 75°05.0′ (DE shoreline) (i) Closure. (ii) Gear limitations and requirements—large mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (iii) Gear limitations and requirements—small mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (2) Mudhole North Management Area. Mudhole North Management Area Point N. Lat. W. Long. MN1 40°28.1′ 74°00.0′ (NJ shoreline) MN2 40°30.0′ 74°00.0′ MN3 40°30.0′ 73°20.0′ MN4 40°05.0′ 73°20.0′ MN5 40°05.0′ 74°02.0′ (NJ shoreline) (i) Closures. (ii) Gear limitations and requirements—large mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (iii) Gear limitations and requirements—small mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (3) Mudhole South Management Area. Mudhole South Management Area Point N. Lat. W. Long. MS1 40°05.0′ 73°31.0′ MS2 40°05.0′ 73°00.0′ MS3 39°51.0′ 73°00.0′ MS4 39°51.0′ 73°31.0′ MS1 40°05.0′ 73°31.0′ (i) Closures. (ii) Gear limitations and requirements—large mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (iii) Gear limitations and requirements—small mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (4) Southern Mid-Atlantic Management Area. Southern Mid-Atlantic Management Area Point N. Lat. W. Long. SMA1 38°47.0′ 75°05.0′ (DE shoreline) SMA2 38°47.0′ 72°30.0′ SMA3 33°51.1′ 72°30.0′ SMA4 33°51.1′ 78°32.5′ (NC/SC border) (i) Closures. (ii) Gear limitations and requirements—large mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (iii) Gear limitations and requirements—small mesh gillnet gear. (A) Floatline length. (B) Twine size. (C) Size of nets. (D) Number of nets. (E) Number of nets per string. (F) Tie-down system. (c) Research permits. (d) Other special measures. Federal Register [75 FR 7399, Feb. 19, 2010, as amended at 91 FR 66, Jan. 2, 2026] § 229.35 Bottlenose Dolphin Take Reduction Plan. (a) Purpose and scope. (b) Definitions. Beach Beach/water interface Bottlenose Dolphin Pound Net Regulated Area Point Area description 1 Where 37°19.0′ N. lat. meets the shoreline of the Severn River fork, near Stump Point, Virginia (western portion of Mobjack Bay), which is approximately 76°26.75′ W. long. 2 37°19.0′ N. lat., 76°13.0′ W. long. 3 37°13.0′ N. lat., 76°13.0′ W. long. 4 Where 37°13.0′ N. lat. meets the eastern shoreline of Chesapeake Bay, Virginia, near Elliotts Creek, which is approximately 76°00.75′ W. long. Large mesh gillnet Medium mesh gillnet New Jersey, Delaware, and Maryland State waters Night Northern North Carolina State waters Northern Virginia State waters Small mesh gillnet South Carolina, Georgia, and Florida waters Southern North Carolina State waters Southern Virginia State waters (c) BDTRP regulated waters Gillnets. (2) Pound nets. (d) Regional management measures New Jersey, Delaware, and Maryland State waters Medium and large mesh gillnets. (ii) [Reserved] (2) Virginia state waters Medium and large mesh gillnets. (ii) Pound nets. (B) Year-round, any nearshore and offshore pound nets set in the Bottlenose Dolphin Pound Net Regulated Area must have all three continuous sections as defined in 50 CFR 229.2, except that one or more sections may be missing for a maximum period of 10 days for purposes of setting, removing, and/or repairing pound nets. (C) The pound net licensee and the vessel operator of any offshore pound net set in the Bottlenose Dolphin Pound Net Regulated Area must have completed modified pound net leader compliance training and possess on board the vessel a valid modified pound net leader compliance training certificate issued by NMFS. NMFS retains discretion to provide exemptions in limited circumstances where appropriate. Notice will be given by NMFS announcing the times and locations of modified pound net leader compliance training. (3) Southern Virginia State waters Large mesh gillnets. (ii) [Reserved] (4) Northern North Carolina State waters Small mesh gillnets. (ii) Medium mesh gillnets. (iii) Large mesh gillnets. (B) From December 16 through April 14 of the following year, in Northern North Carolina State waters, no person may fish with any large mesh gillnet without tie-downs at night. (5) Southern North Carolina State waters Medium mesh gillnets. (ii) Large mesh gillnets. (B) From December 16 through April 14 of the following year, in Southern North Carolina State waters, no person may fish, possess on board unless stowed, or fail to remove from the water, any large mesh gillnet at night. (6) South Carolina, Georgia, and Florida waters Gillnets. (ii) [Reserved] [71 FR 24796, Apr. 26, 2006, as amended at 73 FR 77533, Dec. 19, 2008; 77 FR 45270, July 31, 2012; 80 FR 6929, Feb. 9, 2015; 90 FR 38003, Aug. 7, 2025] § 229.36 Atlantic Pelagic Longline Take Reduction Plan (PLTRP). (a) Purpose and scope. (b) Definitions. In addition to the definitions contained in the MMPA and §§ 216.3 and 229.2 of this chapter, the following definitions apply. (1) Active gear (2) Mid-Atlantic Bight (c) Marine Mammal Handling and Release Placard. (d) Hook and gangion requirements. (1) Hooks. (i) A 16/0 circle hook must not exceed 4.05 mm (0.159 in) in diameter and straighten with a force not to exceed 300 lb (136.08 kg), based on manufacturer specifications when new. (ii) A 18/0 circle hook must not exceed 4.40 mm (0.173 in) in diameter and straighten with a force not to exceed 300 lb (136.08 kg), based on manufacturer specifications when new. (2) Gangions. (i) Made of monofilament nylon. No other line material ( e.g., (ii) Have a diameter of 1.8 mm (0.071 in) or larger. (iii) Have a breaking strength of at least 300 lb, based on manufacturer specifications when new. (3) Exception for transit. (4) Exception for research. (i) Advance the long-term goal of reducing mortality and serious injury of short-finned pilot whales in the Atlantic pelagic longline fishery to insignificant levels approaching a zero mortality and serious injury rate; or, (ii) Reduce the bycatch of other listed, threatened, or protected species in the Atlantic pelagic longline fishery. (e) Mainline gear restrictions. (1) Mainline setting. (2) Mainline length. (3) Active gear. (4) Maximum active gear length. (5) Gaps. [74 FR 23358, May 19, 2009, as amended at 88 FR 36972, June 6, 2023; 89 FR 55523, July 5, 2024; 90 FR 38003, Aug. 7, 2025] § 229.37 False Killer Whale Take Reduction Plan. (a) Purpose and scope. (b) Definitions. (1) Deep-set or Deep-setting (2) Longline gear (c) Gear requirements. (i) Circle hook with hook shank containing round wire that can be measured with a caliper or other appropriate gauge, with a wire diameter not to exceed 4.5 mm (0.177 in); and (ii) Offset not to exceed 10 degrees. (2) While deep-setting, owners and operators of vessels registered for use under a valid Hawaii longline limited access permit must use leaders and branch lines that all have a diameter of 2.0 mm or larger if the leaders and branch lines are made of monofilament nylon. If any other material is used for a leader or branch line, that material must have a breaking strength of at least 400 lb (181 kg). (d) Prohibited area management. Point N. lat. W. long. A 18°05′ 155°40′ B 18°20′ 156°25′ C 20°00′ 157°30′ D 20°40′ 161°40′ E 21°40′ 161°55′ F 23°00′ 161°30′ G 23°05′ 159°30′ H 22°55′ 157°30′ I 21°30′ 155°30′ J 19°50′ 153°50′ K 19°00′ 154°05′ A 18°05′ 155°40′ (2) Southern Exclusion Zone. Deep-set longline fishing is prohibited in the Southern Exclusion Zone when the zone is closed to protect false killer whales pursuant to the procedures outlined in paragraph (e) of this section. The Southern Exclusion Zone is the portion of the EEZ around Hawaii bounded by 165° 00′ W. longitude on the west, 154° 30′ W. longitude on the east, the Papahanaumokuakea Marine National Monument and the Main Hawaiian Islands Longline Fishing Prohibited Area on the north, and the EEZ boundary on the south. (e) Southern Exclusion Zone trigger and procedures. Federal Register (2) As used in this section, trigger (i) Two; or (ii) The smallest number of observed false killer whale mortalities or serious injuries that, when extrapolated based on the percentage observer coverage in the deep-set longline fishery for that year, exceeds the Hawaii Pelagic false killer whale stock's potential biological removal level. (3) Unless otherwise subject to paragraph (e)(4) of this section, if there is an observed false killer whale mortality or serious injury in the EEZ around Hawaii on a declared deep-set longline trip that meets the established trigger for a given fishing year, the Southern Exclusion Zone will be closed to deep-set longline fishing until the end of that fishing year. (4) If during the same calendar year following closure of the Southern Exclusion Zone in accordance with paragraph (e)(3) of this section, there is one observed false killer whale mortality or serious injury on a declared deep-set longline trip anywhere in the EEZ around Hawaii, then NMFS shall immediately convene the False Killer Whale Take Reduction Team. (5) If in the subsequent calendar year following closure of the Southern Exclusion Zone in accordance with paragraph (e)(3) of this section, there is an observed false killer whale mortality or serious injury in the EEZ around Hawaii on a declared deep-set longline trip that meets the established trigger for a given fishing year, the Southern Exclusion Zone will be closed to deep-set longline fishing until the area is reopened by the Assistant Administrator as per criteria in paragraph (e)(7) of this section. (6) Upon determining that closing the Southern Exclusion Zone is warranted pursuant to the procedures in paragraphs (e)(1) through (e)(5) of this section, the Assistant Administrator will provide notice to Hawaii longline permit holders and the False Killer Whale Take Reduction Team, publish a notice in the Federal Register, (7) Reopening criteria. (i) The Assistant Administrator determines, upon consideration of the False Killer Whale Take Reduction Team's recommendations and evaluation of all relevant circumstances, that reopening of the Southern Exclusion Zone is warranted; (ii) In the 2-year period immediately following the date of the Southern Exclusion Zone closure, the deep-set longline fishery has zero observed false killer whale incidental mortalities and serious injuries within the remaining open areas of the EEZ around Hawaii; (iii) In the 2-year period immediately following the date of the closure, the deep-set longline fishery has reduced its total rate of false killer whale incidental mortality and serious injury (including the EEZ around Hawaii, the high seas, and the EEZ around Johnston Atoll (but not Palmyra Atoll) by an amount equal to or greater than the rate that would be required to reduce false killer whale incidental mortality and serious injury within the EEZ around Hawaii to below the Hawaii Pelagic false killer whale stock's potential biological removal level; or (iv) The average estimated level of false killer whale incidental mortality and serious injury in the deep-set longline fishery within the remaining open areas of the EEZ around Hawaii for up to the 5 most recent years is below the potential biological removal level for the Hawaii Pelagic stock of false killer whales at that time. (8) Upon determining that reopening the Southern Exclusion Zone is warranted pursuant to the procedures in paragraph (e)(7) of this section, the Assistant Administrator will provide notice to Hawaii longline permit holders and the False Killer Whale Take Reduction Team, publish a notice in the Federal Register, (f) Marine mammal handling and release. (2) Longline vessel operators (captains) must supervise and be in visual and/or verbal contact with the crew during any handling or release of marine mammals. (3) A NMFS-approved placard setting forth marine mammal handling and/or release procedures must be posted on the longline vessel in a conspicuous place that is regularly accessible and visible to the crew. (4) A NMFS-approved placard instructing vessel crew to notify the captain in the event of a marine mammal interaction must be posted on the longline vessel in a conspicuous place that is regularly accessible and visible to the crew. [77 FR 71285, 71286, Nov. 29, 2012, as amended at 77 FR 71286, 71286, Nov. 29, 2012] Figure 1 to Part 229—Drift Gillnet Pinger Configuration and Extender Requirements [64 FR 3434, Jan. 22, 1999]

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