Rule2022-04391
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2022
Effective
March 3, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document makes technical corrections to a final rule that modified the Atlantic Large Whale Take Reduction Plan. The correction reinstates paragraphs that were inadvertently removed from the Code of Federal Regulations when the final rule published on September 17, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11978-11985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 220225-0059]
RIN 0648-BJ09
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document makes technical corrections to a final rule that
modified the Atlantic Large Whale Take Reduction Plan. The correction
reinstates paragraphs that were inadvertently removed from the Code of
Federal Regulations when the final rule published on September 17,
2021.
DATES: Effective March 3, 2022.
FOR FURTHER INFORMATION CONTACT: Colleen Coogan, Marine Mammal/Sea
Turtle Branch Chief, phone: (978) 281-9181 or email:
<a href="/cdn-cgi/l/email-protection#1f5c7073737a7a71315c7070787e715f71707e7e31787069"><span class="__cf_email__" data-cfemail="3a795556565f5f54147955555d5b547a54555b5b145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Need for Correction
NMFS published a final rule to implement modifications to the
Atlantic Large Whale Take Reduction Plan (ALWTRP or Plan) on September
17, 2021 (86 FR 51970), to meet the goals of the Marine Mammal
Protection Act
[[Page 11979]]
(MMPA) and Endangered Species Act (ESA). The final rule became
effective on October 18, 2021. While the modifications were intended to
revise the then existing Sec. 229.32(a) through (c), the final rule
inadvertently replaced the entirety of Sec. 229.32 resulting in the
accidental removal of paragraphs (d), (e), (f), (g), (h), and (i) from
the Code of Federal Regulations. These sections apply to gillnet
fisheries and Southeastern U.S. fisheries, and NMFS is correcting the
error through this correcting amendment.
For further information on the September 17, 2021, Plan
modifications, see the final rule (86 FR 51970, September 17, 2021).
For further information on the Plan, visit the website <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/atlantic-large-whale-take-reduction-plan">https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/atlantic-large-whale-take-reduction-plan</a>.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause to waive the requirement to provide prior notice and opportunity
for public comment pursuant to the authority set forth at 5 U.S.C.
553(b)(B), as such requirement is unnecessary and contrary to the
public interest. The regulations in Sec. 229.32(d) through (i) were
never intended to be removed or modified in any way through the 2021
final rule, and there was no discussion or analysis of any such action
in the preambles to the proposed rule or final rule. Any delay in
reinstating Sec. 229.32(d) through (i) would result in wide scale
confusion among the fishing industry and law enforcement, as well as
potential harm to North Atlantic right whales, humpback whales, and fin
whales. Therefore, in order to avoid the negative consequences that are
expected to result from unnecessary delay in making this correction,
the AA finds good cause to waive the requirement to provide prior
notice and opportunity for public comment. For the same reasons, the AA
finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay of
effectiveness period for this correcting amendment.
List of Subjects in 50 CFR Part 229
Administrative practice and procedure, Confidential business
information, Endangered Species, Fisheries, Marine mammals, Reporting
and recordkeeping requirements.
Dated: February 25, 2022.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
Accordingly, 50 CFR part 229 is corrected by making the following
correcting amendment:
PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE
MAMMAL PROTECTION ACT OF 1972
0
1. The authority citation for 50 CFR part 229 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq.; Sec. 229.32(f) also issued
under 16 U.S.C. 1531 et seq.
0
2. In Sec. 229.32, add paragraphs (d) through (i) to read as follows:
Sec. 229.32 Atlantic large whale take reduction plan regulations.
* * * * *
(d) Restrictions applicable to anchored gillnet gear--(1) Universal
anchored gillnet gear requirements. In addition to the area-specific
measures listed in paragraphs (d)(3) through (8) of this section, all
anchored gillnet gear in regulated waters must comply with the
universal gear requirements listed in paragraphs (d)(1)(i) through
(iii) of this section.
(i) No buoy line floating at the surface. No person or vessel may
fish with anchored gillnet gear that has any portion of the buoy line
floating at the surface at any time when the buoy line is directly
connected to the gear at the ocean bottom. If more than one buoy is
attached to a single buoy line or if a high flyer and a buoy are used
together on a single buoy line, sinking and/or neutrally buoyant line
must be used between these objects.
(ii) No wet storage of gear. Anchored gillnet gear must be hauled
out of the water at least once every 30 days.
(iii) Groundlines. All groundlines must be composed entirely of
sinking line unless exempted from this requirement under paragraph
(a)(4) of this section. The attachment of buoys, toggles, or other
floatation devices to groundlines is prohibited.
(2) Area specific gear restrictions. No person or vessel may fish
with or possess anchored gillnet gear in Areas referenced in paragraphs
(d)(3) through (8) of this section, unless that gear complies with the
gear requirements specified in paragraph (d)(1) of this section, and
the area specific requirements listed in paragraphs (d)(2)(i) through
(iii) of this section, or unless the gear is stowed as specified in
Sec. 229.2.
(i) Buoy line weak links. All buoys, flotation devices and/or
weights (except gillnets, anchors, and leadline woven into the buoy
line), such as surface buoys, high flyers, sub-surface buoys, toggles,
window weights, etc., must be attached to the buoy line with a weak
link placed as close to each individual buoy, flotation device and/or
weight as operationally feasible and that meets the following
specifications:
(A) The weak link must be chosen from the following list approved
by NMFS: Swivels, plastic weak links, rope of appropriate breaking
strength, hog rings, rope stapled to a buoy stick, or other materials
or devices approved in writing by the Assistant Administrator. A
brochure illustrating the techniques for making weak links is available
from the Regional Administrator, NMFS, 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. The breaking strength of each weak link
must not exceed 1,100 lb (499.0 kg). The weak link requirements apply
to all variations in panel size. All net panels in a string must
contain weak links that meet one of the following two configurations
unless exempted from this requirement under paragraph (a)(5) of this
section:
(A) Configuration 1. (1) The weak link must be chosen from the
following list approved by NMFS: Plastic weak links or rope of
appropriate breaking strength. If rope of appropriate breaking strength
is used throughout the floatline or as the up and down line, or if no
up and down line is present, then individual weak links are not
required on the floatline or up and down line. A brochure illustrating
the techniques for making weak links is available from the Regional
Administrator, NMFS, Greater Atlantic Region upon request; and
(2) One weak link must be placed in the center of each of the up
and down lines at both ends of the net panel; and
(3) One weak link must be placed as close as possible to each end
of the net panels on the floatline; and
(4) For net panels of 50 fathoms (300 ft or 91.4 m) or less in
length, one weak link must be placed in the center of the floatline; or
(5) For net panels greater than 50 fathoms (300 ft or 91.4 m) in
length, one weak link must be placed at least every
[[Page 11980]]
25 fathoms (150 ft or 45.7 m) along the floatline.
(B) Configuration 2. (1) The weak link must be chosen from the
following list approved by NMFS: Plastic weak links or rope of
appropriate breaking strength. If rope of appropriate breaking strength
is used throughout the floatline or as the up and down line, or if no
up and down line is present, then individual weak links are not
required on the floatline or up and down line. A brochure illustrating
the techniques for making weak links is available from the Regional
Administrator, NMFS, Greater Atlantic Region upon request; and
(2) One weak link must be placed in the center of each of the up
and down lines at both ends of the net panel; and
(3) One weak link must be placed between the floatline tie loops
between net panels; and
(4) One weak link must be placed where the floatline tie loops
attaches to the bridle, buoy line, or groundline at the end of a net
string; and
(5) For net panels of 50 fathoms (300 ft or 91.4 m) or less in
length, one weak link must be placed in the center of the floatline; or
(6) For net panels greater than 50 fathoms (300 ft or 91.4 m) in
length, one weak link must be placed at least every 25 fathoms (150 ft
or 45.7 m) along the floatline.
(iii) Anchoring systems. All anchored gillnets, regardless of the
number of net panels, must be secured at each end of the net string
with a burying anchor (an anchor that holds to the ocean bottom through
the use of a fluke, spade, plow, or pick) having the holding capacity
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless
exempted from this requirement under paragraph (a)(5) of this section.
Dead weights do not meet this requirement. A brochure illustrating the
techniques for rigging anchoring systems is available from the Regional
Administrator, NMFS, Greater Atlantic Region.
(3) Cape Cod Bay Restricted Area--(i) Area. The Cape Cod Bay
restricted area is bounded by the following points and on the south and
east by the interior shoreline of Cape Cod, Massachusetts.
Table 17 to Paragraph (d)(3)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
CCB1............................ 41[deg]46.8' 70[deg]30'
CCB2............................ 42[deg]12' 70[deg]30'
CCB3............................ 42[deg]12' 70[deg]15'
CCB4............................ 42[deg]04.8' 70[deg]10'
------------------------------------------------------------------------
(ii) Closure. During January 1 through May 15 of each year, no
person or vessel may fish with or possess anchored gillnet gear in the
Cape Cod Bay Restricted Area unless the Assistant Administrator
specifies gear restrictions or alternative fishing practices in
accordance with paragraph (i) of this section and the gear or practices
comply with those specifications, or unless the gear is stowed as
specified in Sec. 229.2. The Assistant Administrator may waive this
closure for the remaining portion of the winter restricted period in
any year through a notification in the Federal Register if NMFS
determines that right whales have left the restricted area and are
unlikely to return for the remainder of the season.
(iii) Area-specific gear or vessel requirements. From May 16
through December 31 of each year, no person or vessel may fish with or
possess anchored gillnet gear in the Cape Cod Bay Restricted Area
unless that gear complies with the gear marking requirements specified
in paragraph (b) of this section, the universal anchored gillnet gear
requirements specified in paragraph (d)(1) of this section, and the
area-specific requirements listed in paragraph (d)(2) of this section,
or unless the gear is stowed as specified in Sec. 229.2.
(4) Great South Channel Restricted Gillnet Area--(i) Area. The
Great South Channel Restricted Gillnet Area consists of the area
bounded by lines connecting the following four points:
Table 18 to Paragraph (d)(4)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
GSC1............................ 41[deg]02.2' 69[deg]02'
GSC2............................ 41[deg]43.5' 69[deg]36.3'
GSC3............................ 42[deg]10' 68[deg]31'
GSC4............................ 41[deg]38' 68[deg]13'
------------------------------------------------------------------------
(ii) Closure. From April 1 through June 30 of each year, no person
or vessel may fish with or possess anchored gillnet gear in the Great
South Channel Restricted Gillnet Area unless the Assistant
Administrator specifies gear restrictions or alternative fishing
practices in accordance with paragraph (i) of this section and the gear
or practices comply with those specifications, or unless the gear is
stowed as specified in Sec. 229.2.
(iii) Area-specific gear or vessel requirements. From July 1
through March 31 of each year, no person or vessel may fish with or
possess anchored gillnet gear in the Great South Channel Restricted
Gillnet Area unless that gear complies with the gear marking
requirements specified in paragraph (b) of this section, the universal
anchored gillnet gear requirements specified in paragraph (d)(1) of
this section, and the area-specific requirements listed in paragraph
(d)(2) of this section or unless the gear is stowed as specified in
Sec. 229.2.
(5) Great South Channel Sliver Restricted Area--(i) Area. The Great
South Channel Sliver Restricted Area consists of the area bounded by
lines connecting the following points:
Table 19 to Paragraph (d)(5)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
GSCRA1.......................... 41[deg]02.2' 69[deg]02'
GSCRA2.......................... 41[deg]43.5' 69[deg]36.3'
GSCRA3.......................... 41[deg]40' 69[deg]45'
GSCRA4.......................... 41[deg]00' 69[deg]05'
------------------------------------------------------------------------
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess anchored gillnet gear in the
Great South Channel Sliver Restricted Area unless that gear complies
with the gear marking requirements specified in paragraph (b) of this
section, the universal anchored gillnet gear requirements specified in
paragraph (d)(1) of this section, and the area-specific requirements
listed in paragraph (d)(2) of this section or unless the gear is stowed
as specified in Sec. 229.2.
(6) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal
waters of the Gulf of Maine, except those designated as the Cape Cod
Bay Restricted Area in paragraph (d)(3) of this section that lie south
of 43[deg]15' N lat. and west of 70[deg]00' W long.
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess anchored gillnet gear in the
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear
complies with the gear marking requirements specified in paragraph (b)
of this section, the universal anchored gillnet gear requirements
specified in paragraph (d)(1) of this section, and the area-specific
requirements listed in paragraph (d)(2) of this section or unless the
gear is stowed as specified in Sec. 229.2.
(7) Other Northeast Gillnet Waters Area--(i) Area. The Other
Northeast Gillnet Waters Area consists of all state and Federal U.S.
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W
long. south to 36[deg]33.03' N lat. and east to the eastern edge of the
EEZ, with the exception of the Cape Cod Bay Restricted Area, Stellwagen
Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted
Gillnet Area,
[[Page 11981]]
Great South Channel Sliver Restricted Area, and exempted waters listed
in paragraph (a)(3) of this section.
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess anchored gillnet gear in the
Other Northeast Gillnet Waters Area that overlaps an area from the
U.S./Canada border south to a straight line from 41[deg]18.2' N lat.,
71[deg]51.5' W long. (Watch Hill Point, RI) south to 40[deg]00' N lat.
and then east to the eastern edge of the EEZ, unless that gear complies
with the gear marking requirements specified in paragraph (b) of this
section, the universal anchored gillnet gear requirements specified in
paragraph (d)(1) of this section, and the area-specific requirements
listed in paragraph (d)(2) of this section or unless the gear is stowed
as specified in Sec. 229.2.
(iii) Seasonal area-specific gear or vessel requirements. From
September 1 to May 31, no person or vessel may fish with or possess
anchored gillnet gear in the Other Northeast Gillnet Waters Area that
is south of a straight line from 41[deg]18.2' N lat., 71 [deg]51.5' W
long. (Watch Hill Point, RI) south to 40[deg]00' N lat. and then east
to the eastern edge of the EEZ, unless that gear complies with the gear
marking requirements specified in paragraph (b) of this section, the
universal anchored gillnet gear requirements specified in paragraph
(d)(1) of this section, and the area-specific requirements listed in
paragraph (d)(2) of this section or unless the gear is stowed as
specified in Sec. 229.2.
(8) Mid/South Atlantic Gillnet Waters--(i) Area. The Mid/South
Atlantic Gillnet Waters consists of all U.S. waters bounded on the
north from Long Island, NY, at 72[deg]30' W long. south to
36[deg]33.03' N lat. and east to the eastern edge of the EEZ, and
bounded on the south by 32[deg]00' N lat., and east to the eastern edge
of the EEZ. When the Mid/South Atlantic Gillnet Waters Area overlaps
the Southeast U.S. Restricted Area and its restricted period as
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.
(ii) Area-specific gear or vessel requirements. From September 1
through May 31, no person or vessel may fish with or possess anchored
gillnet gear in the Mid/South Atlantic Gillnet Waters unless that gear
complies with the gear marking requirements specified in paragraph (b)
of this section, the universal anchored gillnet gear requirements
specified in paragraph (d)(1) of this section, and the following area
specific requirements, or unless the gear is stowed as specified in
Sec. 229.2. When the Mid/South Atlantic Gillnet Waters Area overlaps
the Southeast U.S. Restricted Area and its restricted period as
specified in paragraphs (f)(1) and (2) of this section, then the
closure and exemption for the Southeast U.S. Restricted Area as
specified in paragraph (f)(2) of this section applies.
(A) Buoy line weak links. All buoys, flotation devices and/or
weights (except gillnets, anchors, and leadline woven into the buoy
line), such as surface buoys, high flyers, sub-surface buoys, toggles,
window weights, etc., must be attached to the buoy line with a weak
link placed as close to each individual buoy, flotation device and/or
weight as operationally feasible and that meets the following
specifications:
(1) The weak link must be chosen from the following list approved
by NMFS: Swivels, plastic weak links, rope of appropriate breaking
strength, hog rings, rope stapled to a buoy stick, or other materials
or devices approved in writing by the Assistant Administrator. A
brochure illustrating the techniques for making weak links is available
from the Regional Administrator, NMFS, Greater Atlantic Region upon
request.
(2) The breaking strength of the weak links must not exceed 1,100
lb (499.0 kg).
(3) Weak links must break cleanly leaving behind the bitter end of
the line. The bitter end of the line must be free of any knots when the
weak link breaks. Splices are not considered to be knots for the
purposes of this paragraph (d)(8)(ii)(A).
(B) Net panel weak links. The weak link requirements apply to all
variations in panel size. All net panels must contain weak links that
meet the following specifications unless exempted under paragraph
(a)(5) of this section:
(1) The breaking strength for each of the weak links must not
exceed 1,100 lb (499.0 kg).
(2) The weak link must be chosen from the following list approved
by NMFS: Plastic weak links or rope of appropriate breaking strength.
If rope of appropriate breaking strength is used throughout the
floatline then individual weak links are not required. A brochure
illustrating the techniques for making weak links is available from the
Regional Administrator, NMFS, Greater Atlantic Region upon request.
(3) Weak links must be placed in the center of the floatline of
each gillnet net panel up to and including 50 fathoms (300 ft or 91.4
m) in length, or at least every 25 fathoms (150 ft or 45.7 m) along the
floatline for longer panels.
(C) Additional anchoring system and net panel weak link
requirements. All gillnets must return to port with the vessel unless
the gear meets the following specifications:
(1) Anchoring systems. All anchored gillnets, regardless of the
number of net panels, must be secured at each end of the net string
with a burying anchor (an anchor that holds to the ocean bottom through
the use of a fluke, spade, plow, or pick) having the holding capacity
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless
exempted under paragraph (a)(5) of this section. Dead weights do not
meet this requirement. A brochure illustrating the techniques for
rigging anchoring systems is available from the Regional Administrator,
NMFS, Greater Atlantic Region upon request.
(2) Net panel weak links. Net panel weak links must meet the
specifications in this paragraph. The breaking strength of each weak
link must not exceed 1,100 lb (499.0 kg). The weak link requirements
apply to all variations in panel size. All net panels in a string must
contain weak links that meet one of the following two configurations
found in paragraph (d)(2)(ii)(A) or (B) of this section.
(3) Additional provision for North Carolina. All gillnets set 300
yards (274.3 m) or less from the shoreline in North Carolina must meet
the anchoring system and net panel weak link requirements in paragraphs
(d)(8)(ii)(C)(1) and (2) of this section, or the following:
(i) The entire net string must be less than 300 yards (274.3 m)
from shore.
(ii) The breaking strength of each weak link must not exceed 600 lb
(272.2 kg).The weak link requirements apply to all variations in panel
size.
(iii) All net panels in a string must contain weak links that meet
one of the following two configuration specifications found in
paragraph (d)(2)(ii)(A) or (B) of this section.
(iv) Regardless of the number of net panels, all anchored gillnets
must be secured at the offshore end of the net string with a burying
anchor (an anchor that holds to the ocean bottom through the use of a
fluke, spade, plow, or pick) having a holding capacity equal to or
greater than an 8-lb (3.6-kg) Danforth-style anchor, and at the inshore
end of the net string with a dead weight equal to or greater than 31 lb
(14.1 kg).
(e) Restrictions applicable to drift gillnet gear--(1) Cape Cod Bay
Restricted Area--(i) Area. The Cape Cod Bay Restricted Area is bounded
by the following points and on the south and
[[Page 11982]]
east by the interior shoreline of Cape Cod, Massachusetts.
Table 20 to Paragraph (e)(1)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
CCB1............................ 41[deg]46.8' 70[deg]30'
CCB2............................ 42[deg]12' 70[deg]30'
CCB3............................ 42[deg]12' 70[deg]15'
CCB4............................ 42[deg]04.8' 70[deg]10'
------------------------------------------------------------------------
(ii) Closure. From January 1 through April 30 of each year, no
person or vessel may fish with or possess drift gillnet gear in the
Cape Cod Bay Restricted Area unless the Assistant Administrator
specifies gear restrictions or alternative fishing practices in
accordance with paragraph (e)(1)(i) of this section and the gear or
practices comply with those specifications, or unless the gear is
stowed as specified in Sec. 229.2. The Assistant Administrator may
waive this closure for the remaining portion of the winter restricted
period in any year through a notification in the Federal Register if
NMFS determines that right whales have left the restricted area and are
unlikely to return for the remainder of the season.
(iii) Area-specific gear or vessel requirements. From May 1 through
December 31 of each year, no person or vessel may fish with or possess
drift gillnet gear in the Cape Cod Bay Restricted Area unless that gear
complies with the gear marking requirements specified in paragraph (b)
of this section, or unless the gear is stowed as specified in Sec.
229.2. Additionally, no person or vessel may fish with or possess drift
gillnet gear at night in the Cape Cod Bay Restricted Area unless that
gear is tended, or unless the gear is stowed as specified in Sec.
229.2. During that time, all drift gillnet gear set by that vessel in
the Cape Cod Bay Restricted Area must be removed from the water and
stowed on board the vessel before a vessel returns to port.
(2) Great South Channel Restricted Gillnet Area--(i) Area. The
Great South Channel Restricted Gillnet Area consists of the area
bounded by lines connecting the following four points:
Table 21 to Paragraph (e)(2)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
GSC1............................ 41[deg]02.2' 69[deg]02'
GSC2............................ 41[deg]43.5' 69[deg]36.3'
GSC3............................ 42[deg]10' 68[deg]31'
GSC4............................ 41[deg]38' 68[deg]13'
------------------------------------------------------------------------
(ii) Closure. From April 1 through June 30 of each year, no person
or vessel may set, fish with or possess drift gillnet gear in the Great
South Channel Restricted Gillnet Area unless the Assistant
Administrator specifies gear restrictions or alternative fishing
practices in accordance with paragraph (i) of this section and the gear
or practices comply with those specifications, or unless the gear is
stowed as specified in Sec. 229.2.
(iii) Area-specific gear or vessel requirements. From July 1
through March 31 of each year, no person or vessel may fish with or
possess drift gillnet gear in the Great South Channel Restricted
Gillnet Area unless that gear complies with the gear marking
requirements specified in paragraph (b) of this section, or unless the
gear is stowed as specified in Sec. 229.2. Additionally, no person or
vessel may fish with or possess drift gillnet gear at night in the
Great South Channel Restricted Gillnet Area unless that gear is tended,
or unless the gear is stowed as specified in Sec. 229.2. During that
time, all drift gillnet gear set by that vessel in the Great South
Channel Restricted Gillnet Area must be removed from the water and
stowed on board the vessel before a vessel returns to port.
(3) Great South Channel Sliver Restricted Area--(i) Area. The Great
South Channel Sliver Restricted Area consists of the area bounded by
lines connecting the following points:
Table 22 to Paragraph (e)(3)(i)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
GSCRA1.......................... 41[deg]02.2' 69[deg]02'
GSCRA2.......................... 41[deg]43.5' 69[deg]36.3'
GSCRA3.......................... 41[deg]40' 69[deg]45'
GSCRA4.......................... 41[deg]00' 69[deg]05'
------------------------------------------------------------------------
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess drift gillnet gear in the
Great South Channel Sliver Restricted Gillnet Area unless that gear
complies with the gear marking requirements specified in paragraph (b)
of this section, or unless the gear is stowed as specified in Sec.
229.2. Additionally, no person or vessel may fish with or possess drift
gillnet gear at night in the Great South Channel Sliver Restricted Area
unless that gear is tended, or unless the gear is stowed as specified
in Sec. 229.2. During that time, all drift gillnet gear set by that
vessel in the Great South Channel Sliver Restricted Area must be
removed from the water and stowed on board the vessel before a vessel
returns to port.
(4) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal
waters of the Gulf of Maine, except those designated the Cape Cod Bay
Restricted Area in paragraph (e)(1) of this section, that lie south of
43[deg]15' N lat. and west of 70[deg]00' W long.
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess drift gillnet gear in the
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear
complies with the gear marking requirements specified in paragraph (b)
of this section, or unless the gear is stowed as specified in Sec.
229.2. Additionally, no person or vessel may fish with or possess drift
gillnet gear at night in the Stellwagen Bank/Jeffreys Ledge Area unless
that gear is tended, or unless the gear is stowed as specified in Sec.
229.2. During that time, all drift gillnet gear set by that vessel in
the Stellwagen Bank/Jeffreys Ledge Restricted Area must be removed from
the water and stowed on board the vessel before a vessel returns to
port.
(5) Other Northeast Gillnet Waters Area--(i) Area. The Other
Northeast Gillnet Waters Area consists of all state and Federal U.S.
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W
long. south to 36[deg]33.03' N lat. and east to the eastern edge of the
EEZ, with the exception of the Cape Cod Bay Restricted Area, Stellwagen
Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted
Gillnet Area, Great South Channel Sliver Restricted Area, and exempted
waters listed in paragraph (a)(3) of this section.
(ii) Year-round area-specific gear or vessel requirements. No
person or vessel may fish with or possess drift gillnet gear in the
Other Northeast Gillnet Waters Area unless that gear complies with the
gear marking requirements specified in paragraph (b) of this section,
or unless the gear is stowed as specified in Sec. 229.2. Additionally,
no person or vessel may fish with or possess drift gillnet gear at
night in the Other Northeast Gillnet Waters Area unless that gear is
tended, or unless the gear is stowed as specified in Sec. 229.2.
During that time, all drift gillnet gear set by that vessel in the
Other Northeast Gillnet Waters Area must be removed from the water and
stowed on board the vessel before a vessel returns to port.
(iii) Seasonal area-specific gear or vessel requirements. From
September 1 to May 31, no person or vessel may fish with or possess
drift gillnet gear in the Other Northeast Gillnet Waters Area that is
south of a straight line from 41[deg]18.2' N lat., 71[deg]51.5' W long.
(Watch Hill Point, RI) south to 40[deg]00' N lat. and then east to the
eastern edge of the EEZ, unless that gear complies with the gear
marking requirements specified in
[[Page 11983]]
paragraph (b) of this section, or unless the gear is stowed as
specified in Sec. 229.2. Additionally, no person or vessel may fish
with or possess drift gillnet gear at night in the Other Northeast
Gillnet Waters Area unless that gear is tended, or unless the gear is
stowed as specified in Sec. 229.2. During that time, all drift gillnet
gear set by that vessel in the Other Northeast Gillnet Waters Area must
be removed from the water and stowed on board the vessel before a
vessel returns to port.
(6) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South
Atlantic Gillnet Waters consists of all U.S. waters bounded on the
north from Long Island, NY at 72[deg]30' W long. south to 36[deg]33.03'
N lat. and east to the eastern edge of the EEZ, and bounded on the
south by 32[deg]00' N lat., and east to the eastern edge of the EEZ.
When the Mid/South Atlantic Gillnet Waters Area overlaps the Southeast
U.S. Restricted Area and its restricted period as specified in
paragraphs (f)(1) and (2) of this section, then the closure and
exemption for the Southeast U.S. Restricted Area as specified in
paragraph (f)(2) of this section applies.
(ii) Area-specific gear or vessel requirements. From September 1
through May 31, no person or vessel may fish with or possess drift
gillnet gear at night in the Mid/South Atlantic Gillnet Waters Area
unless:
(A) The gear complies with gear marking requirements specified in
paragraph (b) of this section;
(B) The gear is tended; and
(C) All gear is removed from the water and stowed on board the
vessel before a vessel returns to port. No person or vessel may possess
drift gillnet at night in the Mid/South Atlantic Gillnet Waters unless
the gear is stowed as specified in Sec. 229.2. When the Mid/South
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted
Area and its restricted period as specified in paragraphs (f)(1) and
(2) of this section, then the closure and exemption for the Southeast
U.S. Restricted Area as specified in paragraph (f)(2) of this section
applies.
(f) Restrictions applicable to the Southeast U.S. Restricted Area--
(1) Area. The Southeast U.S. Restricted Area consists of the area
bounded by straight lines connecting the following points in the order
stated from south to north:
Table 23 to Paragraph (f)(1)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
SERA1........................... 27[deg]51' (\1\)
SERA2........................... 27[deg]51' 80[deg]00'
SERA3........................... 32[deg]00' 80[deg]00'
SERA4........................... 32[deg]36' 78[deg]52'
SERA5........................... 32[deg]51' 78[deg]36'
SERA6........................... 33[deg]15' 78[deg]24'
SERA7........................... 33[deg]27' 78[deg]04'
SERA8........................... (\2\) 78[deg]33.9'
------------------------------------------------------------------------
\1\ Florida shoreline.
\2\ South Carolina shoreline.
(i) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted
Area N consists of the Southeast U.S. Restricted Area from 29[deg]00' N
lat. northward.
(ii) Southeast U.S. Restricted Area S. The Southeast U.S.
Restricted Area S consists of the Southeast U.S. Restricted Area
southward of 29[deg]00' N lat.
(2) Restricted periods, closure, and exemptions--(i) Restricted
periods. The restricted period for the Southeast U.S. Restricted Area N
is from November 15 through April 15, and the restricted period for the
Southeast U.S. Restricted Area S is from December 1 through March 31.
(ii) Closure for gillnets. (A) Except as provided under paragraph
(f)(2)(v) of this section, fishing with or possessing gillnet in the
Southeast U.S. Restricted Area N during the restricted period is
prohibited.
(B) Except as provided under paragraphs (f)(2)(iii) and (iv) of
this section, fishing with gillnet in the Southeast U.S. Restricted
Area S during the restricted period is prohibited.
(iii) Exemption for Southeastern U.S. Atlantic shark gillnet
fishery. Fishing with gillnet for sharks with webbing of 5 inches (12.7
cm) or greater stretched mesh is exempt from the restrictions under
paragraph (f)(2)(ii)(B) of this section if:
(A) The gillnet is deployed so that it encloses an area of water;
(B) A valid commercial directed shark limited access permit has
been issued to the vessel in accordance with 50 CFR 635.4(e) and is on
board;
(C) No net is set at night or when visibility is less than 500
yards (1,500 ft, 460 m);
(D) The gillnet is removed from the water before night or
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
(E) Each set is made under the observation of a spotter plane;
(F) No gillnet is set within 3 nautical miles (5.6 km) of a right,
humpback, or fin whale;
(G) The gillnet is removed immediately from the water if a right,
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the
set gear;
(H) The gear complies with the gear marking requirements specified
in paragraph (b) of this section; and
(I) The operator of the vessel calls the Southeast Fisheries
Science Center Panama City Laboratory in Panama City, FL, not less than
48 hours prior to departing on any fishing trip in order to arrange for
observer coverage. If the Panama City Laboratory requests that an
observer be taken on board a vessel during a fishing trip at any time
from December 1 through March 31 south of 29[deg]00' N lat., no person
may fish with such gillnet aboard that vessel in the Southeast U.S.
Restricted Area S unless an observer is on board that vessel during the
trip.
(iv) Exemption for Spanish Mackerel component of the Southeast
Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is
exempt from the restrictions under paragraph (f)(2)(ii)(B) of this
section from December 1 through December 31, and from March 1 through
March 31 if:
(A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4\7/8\
inches (12.4 cm) stretched mesh;
(B) A valid commercial vessel permit for Spanish mackerel has been
issued to the vessel in accordance with 50 CFR 622.4(a)(2)(iv) and is
on board;
(C) No person may fish with, set, place in the water, or have on
board a vessel a gillnet with a float line longer than 800 yards (2,400
ft, 732 m);
(D) No person may fish with, set, or place in the water more than
one gillnet at any time;
(E) No more than two gillnets, including any net in use, may be
possessed at any one time; provided, however, that if two gillnets,
including any net in use, are possessed at any one time, they must have
stretched mesh sizes (as allowed under the regulations) that differ by
at least .25 inch (.64 cm);
(F) No person may soak a gillnet for more than 1 hour. The soak
period begins when the first mesh is placed in the water and ends
either when the first mesh is retrieved back on board the vessel or the
gathering of the gillnet is begun to facilitate retrieval on board the
vessel, whichever occurs first; providing that, once the first mesh is
retrieved or the gathering is begun, the retrieval is continuous until
the gillnet is completely removed from the water;
(G) No net is set at night or when visibility is less than 500
yards (1,500 ft, 460 m);
(H) The gillnet is removed from the water before night or
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
[[Page 11984]]
(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.
Possession of gillnet aboard a vessel in transit is exempt from the
restrictions under paragraph (f)(2)(ii)(A) of this section if: All nets
are covered with canvas or other similar material and lashed or
otherwise securely fastened to the deck, rail, or drum; and all buoys,
high flyers, and anchors are disconnected from all gillnets. No fish
may be possessed aboard such a vessel in transit.
(vi) Restrictions for trap/pot gear. Fishing with trap/pot gear in
the Southeast U.S. Restricted Area N during the restricted period is
allowed if:
(A) Trap/pot gear is not fished in a trap/pot trawl;
(B) All buoys or flotation devices are attached to the buoy line
with a weak link that meets the requirements of paragraph (c)(2)(ii) of
this section. The weak link has a maximum breaking strength of 600 lbs
(272 kg) except in Florida State waters where the maximum breaking
strength is 200 lbs (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., weights,
floats, etc.) except where it attaches to the buoy and trap/pot;
(E) The buoy line is made of sinking line;
(F) The gear complies with gear marking requirements as specified
in paragraph (b) of this section; and
(G) Trap/pot gear that is deployed in the EEZ (as defined in Sec.
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--
(1) Area. The Other Southeast Gillnet Waters Area includes all waters
bounded by 32[deg]00' N lat. on the north (near Savannah, GA),
26[deg]46.50' N lat. on the south (near West Palm Beach, FL),
80[deg]00' W long. on the west, and the EEZ boundary on the east.
(2) Closure for gillnets. Fishing with or possessing gillnet gear
in the Other Southeast Gillnet Waters Area north of 29[deg]00' N lat.
from November 15 through April 15 or south of 29[deg]00' N lat. from
December 1 through March 31 is allowed if one of the following
exemptions applies:
(i) Exemption for Southeastern U.S. Atlantic shark gillnet fishery.
Fishing with or possessing gillnet gear with webbing of 5 inches (12.7
cm) or greater stretched mesh is allowed if:
(A) The gear is marked as required in paragraph (b) of this
section;
(B) No net is set within 3 nautical miles (5.6 km) of a right,
humpback, or fin whale; and
(C) The gear is removed immediately from the water if a right,
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the
set gear.
(ii) Exemption for Southeast Atlantic gillnet fishery. Fishing with
or possessing gillnet gear is allowed if:
(A) The gear is marked as required in paragraph (b) of this
section; or
(B) The gear is fished south of 27[deg]51' N.
(iii) Exemption for vessels in transit with gillnet aboard.
Possession of gillnet gear aboard a vessel in transit is allowed if:
(A) All nets are covered with canvas other similar material and
securely fastened to the deck, rail, or drum; and
(B) All buoys, high flyers, and anchors are disconnected from all
gillnets.
(h) Restrictions applicable to the Southeast U.S. Monitoring Area--
(1) Area. The Southeast U.S. Monitoring Area consists of the area from
27[deg]51' N lat. (near Sebastian Inlet, FL) south to 26[deg]46.50' N
lat. (near West Palm Beach, FL), extending from the shoreline or
exemption line out to 80[deg]00' W long.
(2) Restrictions for Southeastern U.S. Atlantic shark gillnet
fishery. Fishing with or possessing gillnet gear with webbing of 5
inches (12.7 cm) or greater stretched mesh from December 1 through
March 31 is allowed if:
(i) The gear complies with the gear marking requirements specified
in paragraph (b) of this section;
(ii) The vessel owner/operator is in compliance with the vessel
monitoring system (VMS) requirements found in 50 CFR 635.69; and
(iii) The vessel owner/operator and crew are in compliance with
observer requirements found in Sec. 229.7.
(3) Restrictions for Southeastern U.S. Atlantic shark gillnet
fishery vessels in transit. Possession of gillnet gear with webbing of
5 inches (12.7 cm) or greater stretched mesh aboard a vessel in transit
from December 1 through March 31 is allowed if:
(i) All gear is stowed as specified in Sec. 229.2; and
(ii) The vessel owner/operator is in compliance with the vessel
monitoring system (VMS) requirements found in 50 CFR 635.69.
(i) Other provisions. In addition to any other emergency authority
under the Marine Mammal Protection Act, the Endangered Species Act, the
Magnuson-Stevens Fishery Conservation and Management Act, or other
appropriate authority, the Assistant Administrator may take action
under this section in the following situations:
(1) Entanglements in critical habitat or restricted areas. If a
serious injury or mortality of a right whale occurs in the Cape Cod Bay
Restricted Area from January 1 through May 15, in the Great South
Channel Restricted Area from April 1 through June 30, the Southeast
U.S. Restricted Area N from November 15 to April 15, or the Southeast
U.S. Restricted Area S from December 1 through March 31 as the result
of an entanglement by trap/pot or gillnet gear allowed to be used in
those areas and times, the Assistant Administrator shall close that
area to that gear type (i.e., trap/pot or gillnet) for the rest of that
time period and for that same time period in each subsequent year,
unless the Assistant Administrator revises the restricted period in
accordance with paragraph (i)(2) of this section or unless other
measures are implemented under paragraph (i)(2) of this section.
(2) Other special measures. The Assistant Administrator may, in
consultation with the Take Reduction Team, revise the requirements of
this section through a publication in the Federal Register if:
[[Page 11985]]
(i) NMFS verifies that certain gear characteristics are both
operationally effective and reduce serious injuries and mortalities of
endangered whales;
(ii) New gear technology is developed and determined to be
appropriate;
(iii) Revised breaking strengths are determined to be appropriate;
(iv) New marking systems are developed and determined to be
appropriate;
(v) NMFS determines that right whales are remaining longer than
expected in a closed area or have left earlier than expected;
(vi) NMFS determines that the boundaries of a closed area are not
appropriate;
(vii) Gear testing operations are considered appropriate; or
(viii) Similar situations occur.
[FR Doc. 2022-04391 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.