Proposed Rule2024-17734
Fisheries of the Northeastern United States; Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan
Primary source
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Published
August 12, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing to approve, and implement through regulations, measures included in Framework Adjustment 15 to the Monkfish Fishery Management Plan/Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan, which the New England and Mid-Atlantic Fishery Management Councils jointly adopted and submitted to NMFS for approval. This action would establish area-based gear requirements for vessels fishing in the monkfish and spiny dogfish fisheries with gillnets in order to reduce bycatch of Atlantic sturgeon in these fisheries. This action is necessary to minimize bycatch of Atlantic sturgeon in the monkfish and spiny dogfish fisheries to the extent practicable and fulfill requirements of the Biological Opinion on Ten Fishery Management Plans in the Greater Atlantic Region and the New England Fishery Management Council's Omnibus Habitat Amendment 2.
Full Text
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<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Proposed Rules]
[Pages 65576-65580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17734]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240805-0212]
RIN 0648-BN01
Fisheries of the Northeastern United States; Framework Adjustment
15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to
the Spiny Dogfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS is proposing to approve, and implement through
regulations, measures included in Framework Adjustment 15 to the
Monkfish Fishery Management Plan/Framework Adjustment 6 to the Spiny
Dogfish Fishery Management Plan, which the New England and Mid-Atlantic
Fishery Management Councils jointly adopted and submitted to NMFS for
approval. This action would establish area-based gear requirements for
vessels fishing in the monkfish and spiny dogfish fisheries with
gillnets in order to reduce bycatch of Atlantic sturgeon in these
fisheries. This action is necessary to minimize bycatch of Atlantic
sturgeon in the monkfish and spiny dogfish fisheries to the extent
practicable and fulfill requirements of the Biological Opinion on Ten
Fishery Management Plans in the Greater Atlantic Region and the New
England Fishery Management Council's Omnibus Habitat Amendment 2.
DATES: Public comments must be received by September 11, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0082, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0082 in the Search
[[Page 65577]]
Box (note: copying and pasting the FDMS Docket Number directly from
this document may not yield search results). Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the Framework 15/Framework 6 document, including the
Regulatory Flexibility Act Analysis and other supporting documents for
the measures, are available from Cate O'Keefe, Executive Director, New
England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950 and Chris Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901. The Framework 15/Framework 6 document is also accessible via
the internet at: <a href="https://www.nefmc.org/management-plans/monkfish">https://www.nefmc.org/management-plans/monkfish</a> or
<a href="https://www.mafmc.org/dogfish">https://www.mafmc.org/dogfish</a>.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, (978) 281-9232.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council (New England Council)
and the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council)
(collectively, the Councils) jointly manage the Monkfish and Spiny
Dogfish Fishery Management Plans (FMPs). The New England Council is the
administrative lead for the Monkfish FMP, while the Mid-Atlantic
Council is the lead for the Dogfish FMP.
NMFS issued a Biological Opinion on May 27, 2021, that considered
the effects of the authorization of two interstate fishery management
plans (ISFMP) and eight Federal FMPs, including the Monkfish and Spiny
Dogfish FMPs, on Endangered Species Act (ESA)-listed species and
designated critical habitat through a formal Section 7 consultation.
The Biological Opinion determined that NMFS's authorization of the
eight FMPs and two ISFMPs may adversely affect, but is not likely to
jeopardize, Atlantic sturgeon. The Biological Opinion included an
Incidental Take Statement and Reasonable and Prudent Measures (RPM)
with accompanying Terms and Conditions to minimize the impacts of
incidental take of Atlantic sturgeon. The RPMs required that NMFS
convene a working group to review all of the available information on
Atlantic sturgeon bycatch in the federally permitted large-mesh gillnet
fisheries and, by May 27, 2022, develop an Action Plan to reduce
Atlantic sturgeon bycatch in these fisheries by 2024.
NMFS initially issued the Action Plan on May 26, 2022, and revised
it on September 26, 2022 to incorporate feedback from the Councils and
public. The Councils subsequently developed this joint framework
action--Framework 15 to the Monkfish FMP and Framework 6 to the Dogfish
FMP--to address the recommendations of the Action Plan and fulfill the
requirements of the Biological Opinion. This Joint Framework would
establish the New Jersey Atlantic Sturgeon Bycatch Reduction Area, the
Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area, and the
Virginia Atlantic Sturgeon Bycatch Reduction Area (collectively, the
Atlantic Sturgeon Bycatch Reduction Areas). Within these areas, the
Joint Framework would:
<bullet> Require vessels fishing on a monkfish day-at-sea (DAS)
within the New Jersey Atlantic Sturgeon Bycatch Reduction Area to use
low-profile gillnet gear, beginning on January 1, 2026;
<bullet> Prohibit dogfish vessels fishing in the New Jersey
Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in
the water overnight during the months of May and November, effective 30
days from publication of the Final Rule; and
<bullet> Prohibit dogfish vessels fishing in the Delaware and
Maryland Atlantic Sturgeon Bycatch Reduction Area and Virginia Atlantic
Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water
overnight from November through March, effective 30 days from the
publication of the Final Rule.
Proposed Measures
1. Atlantic Sturgeon Bycatch Reduction Areas
The measures being proposed in this Joint Framework Action are a
set of area based-gear restrictions. To determine the location and
spatial extent of ``hot spots'' where area-based gear restrictions
would apply to the monkfish and spiny dogfish fisheries, observer data
from these fisheries were summed across the years 2017-2019 and 2021-
2022 (due to the COVID-19 pandemic, there were very few observed trips
in 2020). These observer data were stratified into squares, with each
side being 10 minutes latitude or longitude. Boundary lines for the
Atlantic Sturgeon Bycatch Reduction Areas were drawn such that the
entirety of squares with the highest levels of observed bycatch of
Atlantic sturgeon were completely encompassed by the area with a buffer
of one mile (1.6 km), and squares of lower levels of Atlantic sturgeon
bycatch were partially encompassed by the area being drawn in a manner
that overlapped with observed Atlantic sturgeon bycatch on the edges of
the hot spot area. The boundaries of these areas closest to the
shoreline were clipped to the shore in order to extend the area
requirements into state waters, where sturgeon are expected to be
present. Offshore latitude and longitude points that comprised the
resulting polygons were rounded to the nearest 0.05 or 0.1 of a minute
to improve ease of compliance and enforcement.
Four distinct areas were identified via this methodology: One off
the coast of Rhode Island/Southern New England; one off the coast of
New Jersey; and two off the coasts of Delaware, Maryland, and Virginia.
This action proposes gear requirements that would be in place within
the New Jersey Atlantic Sturgeon Bycatch Reduction Area, the Delaware
and Maryland Atlantic Sturgeon Bycatch Reduction Area, and the Virginia
Atlantic Sturgeon Bycatch Reduction Area. No measures are being
proposed for the area off the coast of Rhode Island/Southern New
England.
2. Low-Profile Gillnet Gear
This framework action would require vessels fishing on a Monkfish
DAS within the New Jersey Atlantic Sturgeon Bycatch Reduction Area that
are using large mesh (i.e., greater than or equal to 10 inches (25.4
centimeters (cm)) to use low-profile gillnet gear. Low-profile gillnet
gear is defined by the Councils as having:
<bullet> Mesh size ranging from 12 to 13 inches (30.48 to 33.02
cm);
<bullet> Net height ranging from 6 to 8 meshes tall;
<bullet> Net length of 300 feet (91.44 meters (m));
<bullet> Tie-down length of less than or equal to 30 inches (76.2
cm);
<bullet> Tie-down spacing of 12 feet (3.66 m);
<bullet> Primary hanging ratio of 0.50;
<bullet> Twine size of 0.81 millimeters (mm); and
[[Page 65578]]
<bullet> Tie downs at every float to keep the float line down.
These characteristics are intended to reduce interaction with
Atlantic sturgeon by reducing the likelihood that Atlantic sturgeon
high in the water column will become entangled, by allowing smaller
sturgeon to swim through the larger mesh and allowing the larger
sturgeon to break the mesh.
The proposed requirement to use low-profile gillnet gear within the
New Jersey Atlantic Sturgeon Bycatch Reduction Area would begin on
January 1, 2026, as recommended by the Councils, to allow for the twine
size to be considered under Marine Mammal Protection Act (MMPA)
provisions and to provide industry time to transition to new gear. The
current definition of the low-profile gillnet gear would require a
twine size of 0.81 mm; however, this conflicts with current Harbor
Porpoise Take Reduction Plan (HPTRP) Regulations, which require that
large-mesh gillnet gear in the waters off the New Jersey Management
area have a twine size at least 0.9 mm in diameter from January 1
through April 30, except during April 1 through April 20 (50 CFR
229.34(b)(1)(ii)). The Harbor Porpoise Take Reduction Team (HPTRT) has
been asked by the Councils to consider whether this requirement could
be modified to reduce the twine size required in the HPTRP regulations.
The process for making such a change, including the rulemaking process,
would be expected to take approximately one year.
The low-profile gillnet design is a new gear configuration for a
large majority of the fleet. The transition to the new gear will
require construction of new nets, which may take time on the part of
gear manufacturers, who are limited in number. Thus, the delay provides
industry with the time necessary to acquire and familiarize itself with
the new selective gear.
3. Overnight Soak Prohibitions
Within the New Jersey Atlantic Sturgeon Bycatch Reduction Area,
this action would require federally permitted spiny dogfish vessels
fishing with roundfish gillnets (i.e., not tie-down gillnets) with a
mesh size between 5 and 10 inches (12.7 to 25.4 cm) to remove nets from
the water by 8:00 p.m. Eastern Time (ET) each day until 5:00 a.m. ET
the following day. This requirement would be in place from May 1
through May 31 and November 1 through November 30 of each year. This
seasonal requirement is based on observer data showing that, of takes
observed from 2017-2019 and 2021-2022, takes by dogfish vessels within
the New Jersey Atlantic Sturgeon Bycatch Reduction Area during May and
November accounted for a combined 23 percent of all observed takes by
dogfish vessels during the time period.
In the Delaware and Maryland Sturgeon Bycatch Area and in the
Virginia Atlantic Sturgeon Bycatch Reduction Area, this action would
require federally permitted spiny dogfish vessels fishing with
roundfish gillnets (i.e., not tie-down gillnets) with a mesh size
between 5.25 and 10 inches (13.34 to 25.4 cm) to remove nets from the
water by 8:00 p.m. ET each day until 5:00 a.m. ET the following day.
This requirement would be in place from November 1 through March 31
each year. This seasonal requirement is based on observer data showing
that, of takes observed from 2017-2019 and 2021-2022, takes by dogfish
vessels within the Delaware and Maryland Bycatch Reduction Area and in
the Virginia Sturgeon Bycatch Reduction Area from November through
March accounted for 59 percent of all observed takes by dogfish vessel
during the time period.
Implementing an overnight soak restriction for these vessels in the
Atlantic Sturgeon Bycatch Reduction Areas during these seasons is
expected to reduce the amount of Atlantic sturgeon bycatch, but the
amount of that reduction is not certain. Within these areas, the
overnight soak prohibitions would effectively restrict the length of
time gillnets could be soaked by dogfish vessels to a maximum of 15
hours. Bycatch mortality increases as soak time increases, and this
restriction will cap soak time at levels where mortality is lower. As a
result, the overnight soak prohibitions and the resulting reduction in
overall soak time in the fishery are expected to greatly reduce the
mortality of Atlantic sturgeon that are caught in nets within the
Atlantic Sturgeon Bycatch Reduction Areas.
Classification
NMFS is issuing this rule pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), which provides specific authority for implementing this
action. Section 304(b)(1)(A) of the Magnuson-Stevens Act authorizes
NMFS to initiate an evaluation of proposed regulations to determine
whether they are consistent with the fishery management plan, plan
amendments, the Magnuson-Stevens Act and other applicable law, and, if
that determination is affirmative, publish the regulations in the
Federal Register for public comment.
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Monkfish and Spiny Dogfish FMPs, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)),
the Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this action, if adopted, would not have a
significant economic effect on a substantial number of small entities.
As outlined in the preamble of this rule, the purpose of this
action is to implement Framework 15 to the Monkfish FMP and Framework 6
to the Spiny Dogfish FMP. This Joint Framework would set area-based
gear requirements for vessels fishing in the monkfish and spiny dogfish
fisheries with gillnets in order to reduce bycatch of Atlantic sturgeon
in these fisheries.
In 2022, there were 1,899 vessels with federal commercial spiny
dogfish or monkfish permits. Each vessel may be individually owned or
part of a larger corporate ownership structure, and for RFA purposes,
it is the ownership entity that is ultimately regulated by the proposed
action. Ownership entities are identified on June 1 of each year based
on the list of all permit numbers, for the most recent complete
calendar year, that have applied for any type of Northeast Federal
fishing permit. The current ownership data set is based on calendar
year 2022 permits and contains gross sales associated with those
permits for calendar years 2020 through 2022. For RFA purposes only,
NMFS has established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 CFR 200.2). A business primarily engaged in commercial
fishing (NAICS code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates) and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. The determination as to whether the entity is large or small
is based on the average annual revenue for the five years from 2018
through 2022. There are no effects on for-hire fishing operations,
which have a different threshold ($8.0 million).
Ownership data collected from permit holders indicate there are
1,406 distinct business entities that held at least one
[[Page 65579]]
monkfish and/or dogfish permit that could be directly regulated by this
proposed action in 2024. Of these, 197 were primarily for-hire
operations, leaving 1,209 as either commercial entities or entities
with no 2022 revenue to make such a determination. Entities with no
2022 revenue were considered as potentially-affected commercial
entities. Of the 1,209 commercial fishing entities or potentially-
affected commercial fishing entities, 1,198 are categorized as small
entities and 11 are categorized as large entities, per the NMFS
guidelines.
Monkfish Fishery
In the 2020-2022 fishing years, 90-108 federally permitted vessels
landed over 10,000 pounds (lb) of monkfish (measured in landed lb),
with total monkfish landings ex-vessel revenues averaging $10.7 million
(range $8.6-$12.2 million). For an individual vessel or dealer/
processor however, monkfish may be a crucial part of their annual
operations. Skates, groundfish, and other fish make up a substantial
portion of revenues on trips using Monkfish DAS, so the ability to
target monkfish also likely facilitates these other revenues as well.
As a result, disruptions to targeted monkfish fishing can cause
additional revenue losses tied to the other fish that are often
retained on monkfish trips.
This action would require the use of a low-profile gillnet within
an area off the coast of New Jersey, year-round. This requirement would
not be implemented until January 1, 2026, which would provide affected
entities the opportunity to prepare for the requirement, principally by
purchasing nets that fit the specifications of the new design or by
purchasing the materials necessary to build new nets. The cost of a 300
foot (91.44 meter) low-profile net panel is estimated to be $435, and
the total costs per vessel will vary depending on the number of nets
being replaced. Framework Adjustment 13 to the Monkfish Fishery
Management Plan (August 11, 2023, 88 FR 54495) estimated the range in
the number of nets per vessel that might be replaced as a result of
mesh size changes implemented by that action. Using that range, we
estimate that per vessel cost to replace nets will range from $5,655 to
$42,630. From 2018 through 2022, there were 22 vessels fishing out of
ports in New Jersey that landed at least $1,000 of monkfish. Applying
the per vessel costs to a fleet of 22 vessels results in a total
fishery cost of $124,410 to $937,860. However, this figure is likely an
overestimate because the count of 22 vessels included all ports in New
Jersey, some of which will not be in the geographic footprint of the
New Jersey Atlantic Sturgeon Bycatch Reduction Area. Additionally, some
vessels currently fishing within the footprint of the New Jersey
Atlantic Sturgeon Bycatch Reduction Area will choose to relocate their
effort once restrictions are in place. Finally, for some, but not all,
entities, the timing of the effectiveness of this rule will align with
the end of the lifecycle of nets currently in use, so the costs to
acquire the new nets would have been incurred regardless of this action
for those entities. As a result, these short-term costs are not
expected to be significant for the purposes of the RFA.
The gear research that informed the development of this action
indicated no significant difference in monkfish catch rates off New
Jersey with the proposed gear. As a result, it is not expected that
this action would constrain the operations of the directed monkfish
fishery compared to recent performance.
Dogfish Fishery
In the 2020-2022 fishing years, 9-87 federally permitted vessels
landed over 10,000 lb of spiny dogfish (measured in live lb), with
total spiny dogfish landings ex-vessel revenues averaging $2.5 million
(range $2.3-$2.7 million). For an individual vessel or dealer/processor
however, spiny dogfish may be a crucial part of their annual
operations.
This action would seasonally require removal of spiny dogfish
gillnets from the water in specified areas off the coast of New Jersey,
Delaware, Maryland, and Virginia overnight, from 8:00 p.m. ET to 5:00
a.m. ET each day. Though this would result in some modification of
fishing behavior, this restriction is expected to minimally constrain
the fishery compared to current practice. As a result, negative
impacts, including economic impacts, associated with these measures are
expected to be minimal. Both small and large entities firms are likely
to be impacted equivalently under the proposed framework action.
Conclusion
Based upon the discussion in the immediately preceding paragraphs,
this action is not expected to have a significant economic impact on a
substantial number of small entities. Negative impacts to small
entities engaged in the monkfish or spiny dogfish fisheries by the
proposed action are expected to be minimal, relative to status quo. The
number of small entities that are significantly impacted is not
substantial, and small entities will not be disproportionately impacted
relative to large entities. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, fishing.
Dated: August 6, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 648.2 by adding in alphabetical order the definition for
``low-profile gillnet gear'' to read as follows:
Sec. 648.2 Definitions
* * * * *
Low-profile gillnet gear means monkfish gillnets that are
constructed with the following characteristics designed to reduce
interaction with Atlantic sturgeon: 12 to 13 inch (30.48 to 33.02 cm)
diamond mesh; Net height of 6 to 8 meshes; Net length of 300 feet
(91.44 m); Tie-down length less than or equal to 30 inches (76.2 cm);
Tie-down spacing of 12 feet (3.66 m); Primary hanging ratio of 0.50
(i.e., the length of webbing is twice that of the length of line used);
Twine size of 0.81mm; and the net is tied at every float to keep the
float line down.
* * * * *
0
3. Amend Sec. 648.14 by adding paragraphs (m)(3)(iii) and (s)(2)(iv)
to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(m) * * *
(3) * * *
(iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch
Reduction Area requirements specified at Sec. 648.91(d).
* * * * *
(s) * * *
(2) * * *
(iv) Area requirements. Violate the Atlantic Sturgeon Bycatch
Reduction Areas requirements specified at Sec. 648.234(a).
* * * * *
0
4. Amend Sec. 648.91 by adding paragraph (d) to read as follows:
[[Page 65580]]
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
(d) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
NJ1................................ 40[deg]24' 73[deg]54'
NJ2................................ 40[deg]9' 73[deg]24'
NJ3................................ 39[deg]30' 73[deg]51'
NJ4................................ 39[deg]48' 74[deg]12'
NJ1................................ 40[deg]24' 73[deg]54'
------------------------------------------------------------------------
(2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch
Reduction Area. Effective year round beginning on January 1, 2026,
vessels may not fish with gillnet gear under a Monkfish DAS within the
New Jersey Atlantic Sturgeon Bycatch Reduction Area unless:
(i) A vessel is fishing on a monkfish-only DAS within the MA
Exemption Area, defined at Sec. 648.80(c)(5)(ii), with roundfish
gillnets with a mesh size between equal to or greater than 5 inches
(12.7 cm) and less than 10 inches (25.4 cm).
(ii) A vessel is fishing with low profile gillnet gear, as defined
in Sec. 648.2.
0
5. Add Sec. 648.234 to read as follows:
Sec. 648.234 Gear restrictions.
(a) New Jersey Atlantic Sturgeon Bycatch Reduction Area. (1) Area
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
NJ1................................ 40[deg]24' 73[deg]54'
NJ2................................ 40[deg]9' 73[deg]24'
NJ3................................ 39[deg]30' 73[deg]51'
NJ4................................ 39[deg]48' 74[deg]12'
NJ1................................ 40[deg]24' 73[deg]54'
------------------------------------------------------------------------
(2) From May 1 through May 31 and November 1 through November 30 of
each year, vessels issued a Federal spiny dogfish permit must remove
gillnet gear with a mesh size equal to or greater than 5 inches (12.7
cm) and less than 10 inches (25.4 cm) from within the New Jersey
Atlantic Sturgeon Bycatch Reduction Area from 8:00 p.m. eastern time
each day through 5:00 a.m. eastern time the following day.
(b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area.
(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
DM1................................ 38[deg]27' 75[deg]60'
DM2................................ 38[deg]21' 74[deg]48'
DM3................................ 37[deg]30' 75[deg]12'
DM4................................ 37[deg]48' 75[deg]30'
DM1................................ 38[deg]27' 75[deg]60'
------------------------------------------------------------------------
(2) From November 1 through March 31 of each year, vessels issued a
Federal spiny dogfish permit must remove roundfish gillnets with a mesh
size equal to or greater than 5.25 inches (13.3 cm) and less than 10
inches (25.4 cm) from the water within the Delaware and Maryland
Atlantic Sturgeon Bycatch Reduction Area from 8:00 p.m. eastern time
each day through 5:00 a.m. eastern time the following day.
(c) Virginia Atlantic Sturgeon Bycatch Reduction Area. (1) Area
Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is
defined by straight lines connecting the following points in the order
stated:
Table 3 to Paragraph (c)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
VA1................................ 37[deg]18' 75[deg]54'
VA2................................ 36[deg]48' 75[deg]36'
VA3................................ 36[deg]33' 75[deg]51'
VA4................................ 36[deg]54' 76[deg]6'
VA1................................ 37[deg]18' 75[deg]54'
------------------------------------------------------------------------
(2) From November 1 through March 31 of each year, vessels issued a
Federal spiny dogfish permit must remove roundfish gillnets with a mesh
size equal to or greater than 5.25 inches (13.3 cm) and less than 10
inches (25.4 cm) from the water within the Virginia Atlantic Sturgeon
Bycatch Reduction Area from 8:00 p.m. eastern time each day through
5:00 a.m. eastern time in the following day.
[FR Doc. 2024-17734 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-22-P
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