50 CFR § 229.1 - 229.37 - Authorisation for commercial fisheries under the Marine Mammal Protection Act of 1972

11 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.1 submission of comments. The rec ommended decision may be reviewed and/or copied in the office of the As sistant Administrator, National Ma rine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. (d) Within 20 days after the notice of receipt of the recommended decision has been published in the FEDERAL REGISTER, any interested person may file with the Assistant Administrator any written comments on the rec ommended decision. All comments, in cluding recommendations from or con sultation with the Marine Mammal Commission, must be submitted during the 20-day period to the Assistant Ad ministrator at the previously men tioned address. § 228.21 Assistant Administrator’s deci sion. (a) Upon receipt of the recommended decision and transcript and after the 20-day period for receiving written comments on the recommended deci sion has passed, the Assistant Adminis trator shall make a final decision on the proposed regulations and waiver, where applicable. The Assistant Ad ministrator’s decision may affirm, modify, or set aside, in whole or in part, the recommended findings, con clusions and decision of the presiding officer. The Assistant Administrator may also remand the hearing record to the presiding officer for a fuller devel opment of the record. (b) The Assistant Administrator’s de cision shall include: (1) A statement containing a descrip tion of the history of the proceeding; (2) Findings on the issues of fact with the reasons therefor; and (3) Rulings on issues of law. (4) The Assistant Administrator’s de cision shall be published in the FED ERAL REGISTER. If the waiver is ap proved, the final adopted regulations shall be promulgated with the decision. PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTEC TION ACT OF 1972 Subpart A—General Provisions Sec. 229.1 Purpose and scope. 229.2 Definitions. 229.3 Prohibitions. 229.4 Requirements for Category I and II fisheries. 229.5 Requirements for Category III fish eries. 229.6 Reporting requirements. 229.7 Monitoring of incidental mortalities and serious injuries. 229.8 Publication of List of Fisheries. 229.9 Emergency regulations. 229.10 Penalties. 229.11 Confidential fisheries data. 229.12 Consultation with the Secretary of the Interior. Subpart B—Takes of Endangered and Threatened Marine Mammals 229.20 Issuance of permits. Subpart C—Take Reduction Plan Regulations and Emergency Regulations 229.30 Basis. 229.31 Pacific Offshore Cetacean Take Re duction Plan. 229.32 Atlantic large whale take reduction plan regulations. 229.33 Harbor Porpoise Take Reduction Plan Regulations—New England. 229.34 Harbor Porpoise Take Reduction Plan—Mid-Atlantic. 229.35 Bottlenose Dolphin Take Reduction Plan. 229.36 Atlantic Pelagic Longline Take Re duction Plan (PLTRP). FIGURE 1 TO PART 229—DRIFT GILLNET PINGER CONFIGURATION AND EXTENDER REQUIRE MENTS 229.37 False Killer Whale Take Reduction Plan. AUTHORITY: 16 U.S.C. 1361 et seq.; § 229.32(f) also issued under 16 U.S.C. 1531 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 im plement 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) 12 50 CFR Ch. II (10–1–23 Edition) § 229.2 and 1387) that provide for exceptions for the taking of marine mammals in cidental to certain commercial fishing operations from the Act’s general mor atorium on the taking of marine mam mals. (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 op erations by persons using vessels of the United States, other than vessels fish ing for yellowfin tuna in the eastern tropical Pacific Ocean purse seine fish ery, and vessels that have valid fishing permits issued in accordance with sec tion 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 com mercial 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 Endan gered 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 exer cising 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 Spe cies Act of 1973. To be exempt from the taking prohibitions under the Endan gered Species Act, specific authoriza tion under subpart B of this part is re quired. (f) Authorizations under this part do not apply to the intentional lethal tak ing of marine mammals in the course of commercial fishing operations ex cept 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 par ticular stock, and (2) Reduce the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations to insignificant lev els 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 con tained in the Act and § 216.3 of this chapter, and unless otherwise defined in this chapter, the terms in this chap ter have the following meaning: Act or MMPA means the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.). American lobster or lobster means Homarus americanus. Anchored gillnet means any gillnet gear, including an anchored float gillnet, sink gillnet or stab net, that is set anywhere in the water column and which is anchored, secured, or weighted to the bottom of the sea. Also called a set gillnet. Assistant Administrator means the As sistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Authorization Certificate means a doc ument issued by the Assistant Admin istrator, or designee, under the author ity of section 118 of the Act that au thorizes the incidental, but not inten tional, taking of marine mammals in Category I or II fisheries. Bitter end means the end of a line that detaches from a weak link. Bottom portion of the line means, for buoy lines, the portion of the line in the water column that is closest to the fishing gear. Breaking strength means the highest tensile force which an object can with stand before breaking. Bridle means the lines connecting a gillnet to an anchor or buoy line. Buoy line means a line connecting fishing gear in the water to a buoy at the surface of the water. Category I fishery means a commer cial fishery determined by the Assist ant Administrator to have frequent in cidental mortality and serious injury of marine mammals. A commercial fishery that frequently causes mor tality or serious injury of marine mam mals is one that is by itself responsible for the annual removal of 50 percent or 13 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.2 more of any stock’s potential biologi cal removal level. Category II fishery means a commer cial fishery determined by the Assist ant Administrator to have occasional incidental mortality and serious injury of marine mammals. A commercial fishery that occasionally causes mor tality or serious injury of marine mam mals is one that, collectively with other fisheries, is responsible for the annual removal of more than 10 per cent of any marine mammal stock’s po tential biological removal level and that is by itself responsible for the an nual removal of between 1 and 50 per cent, exclusive, of any stock’s poten tial biological removal level. In the ab sence of reliable information indi cating the frequency of incidental mor tality and serious injury of marine mammals by a commercial fishery, the Assistant Administrator will deter mine whether the incidental serious in jury or mortality is ‘‘occasional’’ 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 dis tribution of marine mammals in the area, or at the discretion of the Assist ant Administrator. Eligible commer cial fisheries not specifically identified in the list of fisheries are deemed to be Category II fisheries until the next list of fisheries is published. Category III fishery means a commer cial fishery determined by the Assist ant Administrator to have a remote likelihood of, or no known incidental mortality and serious injury of marine mammals. A commercial fishery that has a remote likelihood of causing inci dental mortality and serious injury of marine mammals is one that collec tively with other fisheries is respon sible for the annual removal of: (1) Ten percent or less of any marine mammal stock’s potential biological removal level, or (2) More than 10 percent of any ma rine mammal stock’s potential biologi cal removal level, yet that fishery by itself is responsible for the annual re moval of 1 percent or less of that stock’s potential biological removal level. In the absence of reliable infor mation indicating the frequency of in cidental 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, quali tative data from logbooks or fisher re ports, stranding data, and the species and distribution of marine mammals in the area or at the discretion of the As sistant Administrator. Commercial fishing operation means the catching, taking, or harvesting of fish from the marine environment (or other areas where marine mammals occur) that results in the sale or barter of all or part of the fish harvested. The term includes licensed commercial pas senger fishing vessel (as defined in § 216.3 of this chapter) activities and aquaculture activities. Depleted species means any species or population that has been designated as depleted under the Act and is listed in § 216.15 of this chapter or part 18, sub part E of this title, or any endangered or threatened species of marine mam mal. Driftnet, drift gillnet, or drift entangle ment gear means a gillnet or gillnets that is/are unattached to the ocean bottom and not anchored, secured or weighted to the bottom, regardless of whether attached to a vessel. Fisher or fisherman means the vessel owner or operator, or the owner or op erator of gear in a nonvessel fishery. Fishery has the same meaning as in section 3 of the Magnuson Fishery Con servation and Management Act (16 U.S.C. 1802). Fishing or to fish means any commer cial fishing operation activity that in volves: (1) The catching, taking, or har vesting of fish; (2) The attempted catching, taking, or harvesting of fish; (3) Any other activity that can rea sonably 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 14 50 CFR Ch. II (10–1–23 Edition) § 229.2 described in paragraphs (1), (2), or (3) of this definition. Fishing trip means any time spent away from port actively engaged in commercial fishing operations. The end of a fishing trip will be the time of a fishing vessel’s return to port or the re turn of a fisher from tending gear in a nonvessel fishery. Fishing vessel or vessel means any ves sel, boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for, fishing. Float-line means the rope at the top of a gillnet from which the mesh por tion of the net is hung. Gillnet means fishing gear consisting of a wall of webbing (meshes) or nets, designed or configured so that the web bing (meshes) or nets are placed in the water column, usually held approxi mately vertically, and are designed to capture fish by entanglement, gilling, or wedging. The term ‘‘gillnet’’ in cludes gillnets of all types, including but not limited to sink gillnets, other anchored gillnets (e.g., anchored float gillnets, stab, and set nets), and drift gillnets. Gillnets may or may not be attached to a vessel. Greater Atlantic Regional Administrator as used in this part, means the Re gional Administrator for the regional fisheries office of the National Oceanic and Atmospheric Administration for the large marine ecosystem from Maine to Cape Hatteras, North Caro lina directed from the Regional Office in Gloucester, Massachusetts. Groundline, with reference to trap/pot gear, means a line connecting traps in a trap trawl, and, with reference to gillnet gear, means a line connecting a gillnet or gillnet bridle to an anchor. Hard lay lines mean lines that are at least as stiff as 5⁄16 inch (0.8 cm) diame ter line composed of polyester wrapped around a blend of polypropylene and polyethylene and 42 visible twists of strands per foot of line. Incidental means, with respect to an act, a non-intentional or accidental act that results from, but is not the pur pose of, carrying out an otherwise law ful action. Injury means a wound or other phys ical harm. Signs of injury to a marine mammal include, but are not limited to, visible blood flow, loss of or damage to an appendage or jaw, inability to use one or more appendages, asymmetry in the shape of the body or body position, noticeable swelling or hemorrhage, lac eration, puncture or rupture of eyeball, listless appearance or inability to de fend itself, inability to swim or dive upon release from fishing gear, or signs of equilibrium imbalance. Any animal that ingests fishing gear, or any ani mal that is released with fishing gear entangling, trailing or perforating any part of the body will be considered in jured regardless of the absence of any wound or other evidence of an injury. Insignificance threshold means the upper limit of annual incidental mor tality and serious injury of marine mammal stocks by commercial fish eries that can be considered insignifi cant levels approaching a zero mor tality and serious injury rate. An insig nificance threshold is estimated as 10 percent of the Potential Biological Re moval level for a stock of marine mam mals. If certain parameters (e.g., max imum net productivity rate or the re covery factor in the calculation of the stock’s potential biological removal level) can be estimated or otherwise modified from default values, the As sistant Administrator may use a modi fication of the number calculated from the simple formula for the insignifi cance threshold. The Assistant Admin istrator may also use a modification of the simple formula when information is insufficient to estimate the level of mortality and serious injury that would have an insignificant effect on the affected population stock and pro vide a rationale for using the modifica tion. Interaction means coming in contact with fishing gear or catch. An inter action may be characterized by a ma rine mammal entangled, hooked, or otherwise trapped in fishing gear, re gardless of whether injury or mortality occurs, or situations where marine mammals are preying on catch. Catch means fish or shellfish that has been hooked, entangled, snagged, trapped or otherwise captured by commercial fish ing gear. Large mesh gillnet means a gillnet constructed with a mesh size of 7 inches (17.78 cm) to 18 inches (45.72 cm). 15 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.2 Lead-line means the rope, weighted or otherwise, to which the bottom edge of a gillnet is attached. List of Fisheries means the most re cent final list of commercial fisheries published in the FEDERAL REGISTER by the Assistant Administrator, cat egorized according to the likelihood of incidental mortality and serious injury of marine mammals during commercial fishing operations. Lobster Management Area as used in this part means the management areas defined in the American Lobster Fish ery regulations found at 50 CFR 697.18. Mesh size means the distance between inside knot to inside knot. Mesh size is measured as described in § 648.80(f)(1) of this title. Mid-Atlantic coastal waters means waters bounded by the line defined by the following points: The southern shoreline of Long Island, New York at 72°30′ W, then due south to 33°51′ N lat., thence west to the North Carolina/ South Carolina border. Minimum population estimate means an estimate of the number of animals in a stock that: (1) Is based on the best available sci entific information on abundance, in corporating the precision and varia bility associated with such informa tion; and (2) Provides reasonable assurance that the stock size is equal to or great er than the estimate. Modified pound net leader means a pound net leader that is affixed to or resting on the sea floor and made of a lower portion of mesh and an upper portion of only vertical lines such that the mesh size is equal to or less than 8 inches (20.3 cm) stretched mesh; at any particular point along the leader, the height of the mesh from the seafloor to the top of the mesh must be no more than one-third the depth of the water at mean lower low water directly above that particular point; the mesh is held in place by a bottom chain that forms the lowermost part of the pound net leader; the vertical lines extend from the top of the mesh up to a top line, which is a line that forms the upper most part of the pound net leader; the vertical lines are equal to or greater than 5⁄16 inch (0.8 cm) in diameter and strung vertically at a minimum of every 2 feet (61 cm); and the vertical lines are hard lay lines. Nearshore pound net means a pound net with every part of the leader (from the most offshore pole at the pound end of the leader to the most inshore pole of the leader) in less than 14 feet (4.3 m) of water at any tidal condition. Negligible impact has the same mean ing as in § 216.103 of this chapter. Net productivity rate means the an nual per capita rate of increase in a stock resulting from additions due to reproduction, less losses due to mor tality. Night means any time between one half hour before sunset and one half hour after sunrise. NMFS means the National Marine Fisheries Service. Nonvessel fishery means a commercial fishing operation that uses fixed or other gear without a vessel, such as gear used in set gillnet, trap, beach seine, weir, ranch, and pen fisheries. Observer means an individual author ized by NMFS, or a designated con tractor, to record information on ma rine mammal interactions, fishing op erations, marine mammal life history information, and other scientific data, and collect biological specimens during commercial fishing activities. Offshore pound net means a pound net with any part of the leader (from the most offshore pole at the pound end of the leader to the most inshore pole of the leader) in water greater than or equal to 14 feet (4.3 m) at any tidal con dition. Operator, with respect to any vessel, means the master, captain, or other in dividual in charge of that vessel. Potential biological removal level means the maximum number of animals, not including natural mortalities, that may be removed from a marine mam mal stock while allowing that stock to reach or maintain its optimum sustain able population. The potential biologi cal removal level is the product of the following factors: (1) The minimum population esti mate of the stock; (2) One-half the maximum theo retical or estimated net productivity rate of the stock at a small population size; and 16 50 CFR Ch. II (10–1–23 Edition) § 229.2 (3) A recovery factor of between 0.1 and 1.0. Pound net means a fixed entrapment gear attached to posts or stakes with three continuous sections from off shore to inshore consisting of: (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 to wards the pound. Qualified individual means an indi vidual ascertained by NMFS to be rea sonably able, though training or expe rience, to identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identi fication, scientific research survey per sonnel, whale watch operators and nat uralists, and mariners trained in whale species identification through disentanglement training or some other training program deemed ade quate by NMFS. Regional Fishery Management Council means a regional fishery management council established under section 302 of the Magnuson Fishery Conservation and Management Act. Reliable report means a credible right whale sighting report based upon which a DAM zone would be triggered. Seine means a net that fishes vertically in the water, is pulled by hand or by power, and captures fish by encirclement and confining fish within itself or against another net, the shore or bank as a result of net design, con struction, mesh size, webbing diameter, or method in which it is used. In some regions, the net is typically con structed with a capture bag in the cen ter of the net which concentrates the fish as the net is closed. Serious injury means any injury that will likely result in mortality. Sink gillnet or stab net means any gillnet, anchored or otherwise, that is designed to be, or is fished on or near the bottom in the lower third of the water column. Sinking line means, for both ground lines and buoy lines, line that has a specific gravity greater than or equal to 1.030, and, for groundlines only, does not float at any point in the water col umn. Small mesh gillnet means a gillnet constructed with a mesh size of greater than 5 inches (12.7 cm) to less than 7 inches (17.78 cm). Spotter plane means a plane that is deployed for the purpose of locating schools of target fish for a fishing ves sel that intends to set fishing gear on them. Stowed means traps/pots and gillnets that are unavailable for immediate use and further, all gillnets are stored in accordance with the following: (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 larg er than 6 inches (15.24 cm) in diameter, high flyers, and anchors are discon nected; and (2) Any other method of stowage au thorized in writing by the Regional Ad ministrator and subsequently pub lished in the FEDERAL REGISTER. Strategic stock means a marine mam mal 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 fu ture; (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 means the time of sunrise as determined for the date and location in The Nautical Almanac, prepared by the U.S. Naval Observatory. Sunset means the time of sunset as determined for the date and location in The Nautical Almanac, prepared by the U.S. Naval Observatory. Surface system, with reference to trap/ pot and fixed gillnet gear, includes the components at the sea surface to iden tify the presence of stationary bottom fishing gear, and includes buoys, radar reflectors, and high flyers. 17 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.3 Take Reduction Plan means a plan de veloped to reduce the incidental mor tality and serious injury of marine mammals during commercial fishing operations in accordance with section 118 of the Marine Mammal Protection Act of 1972, as amended. Take Reduction Team means a team established to recommend methods of reducing the incidental mortality and serious injury of marine mammals due to commercial fishing operations, in accordance with section 118 of the Ma rine Mammal Protection Act of 1972, as amended. Tended gear or tend means fishing gear that is physically attached to a vessel in a way that is capable of har vesting fish, or to fish with gear at tached to the vessel. Tie-down refers to twine used be tween the floatline and the lead line as a way to create a pocket or bag of net ting to trap fish alive. Tie loops means the loops on a gillnet panel used to connect net panels to the buoy line, groundline, bridle or each other. Trap/Pot means any structure or other device, other than a net or longline, that is placed, or designed to be placed, on the ocean bottom and is designed for or is capable of, catching species including but not limited to lobster, crab (red, Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), and white hake), conch/whelk, and shrimp. Trap/pot trawl means two or more trap/pots attached to a single ground line. Up and down line means the line that connects the float-line and lead-line at the end of each gillnet net panel. U.S. waters means both state and Federal waters to the outer boundaries of the U.S. exclusive economic zone along the east coast of the United States from the Canadian/U.S. border southward to a line extending eastward from the southernmost tip of Florida on the Florida shore. Vessel owner or operator means the owner or operator of: (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 has the same meaning as in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802). Weak link means a breakable compo nent of gear that will part when sub ject to a certain tension load. [60 FR 45100, Aug. 30, 1995] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 229.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 229.3 Prohibitions. (a) It is prohibited to take any ma rine 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), op pose, 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 cre ates an intimidating, hostile, or offen sive environment. (c) It is prohibited to provide false in formation when registering for an Au thorization Certificate, applying for re newal of the Authorization Certificate, reporting the injury or mortality of any marine mammal, or providing in formation to any observer. (d) It is prohibited to tamper with or destroy observer equipment in any way. (e) It is prohibited to retain any ma rine mammal incidentally taken in commercial fishing operations unless authorized by NMFS personnel, by des ignated contractors or an official ob server, or by a scientific research per mit that is in the possession of the ves sel operator. (f) It is prohibited to intentionally lethally take any marine mammal in the course of commercial fishing oper ations unless imminently necessary in self-defense or to save the life of a per son in immediate danger, and such tak ing is reported in accordance with the requirements of § 229.6. (g) It is prohibited to violate any reg ulation in this part or any provision of section 118 of the Act. 18 50 CFR Ch. II (10–1–23 Edition) § 229.3 (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 fish ing 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 fish ing gear is in compliance with all ap plicable 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 ap plicable. (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 re quired, unless the vessel owner or oper ator complies with the pinger provi sions specified in § 229.33 (a)(2) through (a)(5) and (a)(7). This prohibition does not apply to vessels fishing with a sin gle 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 re tains 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. (1) It is prohibited to set, fish with, or possess on board a vessel unless stowed, or fail to remove, any gillnet or pound net from the waters specified in § 229.35(c) unless the gear complies with the specified re strictions set forth in § 229.35(d). (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 fisher man 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 Mexico (as defined in 50 CFR 600.105(c)), unless the vessel complies with the re quirements 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 re quirements specified in § 229.37(c)(1) and (c)(2) . (w) It is prohibited to fish with longline gear in the Main Hawaiian Is lands 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 19 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.4 for use under a Hawaii longline limited access permit in violation of the ma rine mammal handling and release re quirements at § 229.37(f). [60 FR 45100, Aug. 30, 1995, as amended at 62 FR 39184, July 22, 1997; 63 FR 66487, Dec. 2, 1998; 64 FR 7552, Feb. 16, 1999; 64 FR 9086, Feb. 24, 1999; 65 FR 80377, Dec. 21, 2000; 67 FR 1313, Jan. 10, 2002; 67 FR 59477, Sept. 23, 2002; 71 FR 24796, Apr. 26, 2006; 72 FR 57180, Oct. 5, 2007; 74 FR 23357, May 19, 2009; 75 FR 7396, Feb. 19, 2010; 77 FR 71284, Nov. 29, 2012; 79 FR 36610, June 27, 2014; 80 FR 6929, Feb. 9, 2015; 88 FR 36972, June 6, 2023] § 229.4 Requirements for Category I and II fisheries. (a) General. (1) For a vessel owner or crew members to lawfully incidentally take marine mammals in the course of a commercial fishing operation in a Category I or II fishery, the owner or authorized representative of a fishing vessel or nonvessel fishing gear must have in possession a valid Certificate of Authorization. The owner of a fishing vessel or nonvessel fishing gear is re sponsible for obtaining a Certificate of Authorization. (2) The granting and administration of Authorization Certificates under this part will be integrated and coordi nated with existing fishery license, reg istration, or permit systems and re lated programs wherever possible. These programs may include, but are not limited to, state or interjurisdic tional fisheries programs. If the admin istration of Authorization Certificates is integrated into a program, NMFS will publish a notice in the FEDERAL REGISTER announcing the integrated program and summarizing how an owner or authorized representative of a fishing vessel or non-fishing gear may register under that program or how registration will be achieved if no ac tion is required on the part of the af fected fisher. NMFS will make addi tional efforts to contact participants in the affected fishery via other appro priate means of notification. (b) Registration. (1) The owner of a vessel, or for nonvessel gear fisheries, the owner of gear, who participates in a Category I or II fishery is required to be registered for a Certificate of Au thorization. (2) Unless a notice is published in the FEDERAL REGISTER announcing an inte grated registration program, the owner of a vessel, or for nonvessel fishery, the owner of the gear must register for and receive an Authorization Certificate. To register, owners must submit the following information using the format specified by NMFS: (i) Name, address, and phone number of owner. (ii) Name, address, and phone number of operator, if different from owner, un less 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 reg istration number, and if applicable; state commercial vessel license num ber and for a nonvessel fishery, a de scription of the gear and state commer cial license number, if applicable. (iv) A list of all Category I and II fisheries in which the fisher may ac tively engage during the calendar year. (v) A certification signed and dated by the owner of an authorized rep resentative of the owner as follows: ‘‘I hereby certify that I am the owner of the vessel, that I have reviewed all in formation 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 speci fied in the notice of the final List of Fisheries must accompany each reg istration submitted to NMFS. The amount of this fee will be based on re covering the administrative costs in curred 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 FED ERAL REGISTER announcing an inte grated registration program, the owner of a vessel, or for nonvessel fishery, the owner of the gear may register by fol lowing the directions provided in that notice. If a person receives a registra tion to which he or she is not entitled or if the registration contains incor rect, inaccurate or incomplete infor mation, the person shall notify NMFS within 10 days following receipt. If a fisher participating in a Category I or 20 50 CFR Ch. II (10–1–23 Edition) § 229.4 II fishery who expects to receive auto matic registration does not receive that registration within the time speci fied in the notice announcing the inte grated registration program, the per son shall notify NMFS as directed in the notice or may apply for registra tion by submitting the information re quired under paragraph (b)(1)(i) through (b)(1)(vi) of this section. (c) Address. Unless the granting and administration of authorizations under this part 229 is integrated and coordi nated with existing fishery licenses, registrations, or related programs pur suant to paragraph (a) of this section, requests for registration forms and completed registration and renewal forms should be sent to the NMFS Re gional Offices as follows: (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 Black burn Drive, Gloucester, MA 01930; tele phone: 978–281–9254; or (5) Southeast Region, NMFS, 9721 Ex ecutive Center Drive North, St. Peters burg, FL 33702; telephone: 727–570–5312. (d) Issuance. (1) For integrated fish eries, an Authorization Certificate or other proof of registration will be issued annually to each fisher reg istered for that fishery. (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 au thorized representative who: (i) Submits a completed registration form and the required fee. (ii) Has complied with the require ments of this section and §§ 229.6 and 229.7. (iii) Has submitted updated registra tion or renewal registration which in cludes a statement (yes/no) whether any marine mammals were killed or in jured during the current or previous calendar year. (3) If a person receives a renewed Au thorization Certificate or a decal to which he or she is not entitled, the per son shall notify NMFS within 10 days following receipt. (e) Authorization Certificate and decal requirements. (1) If a decal has been issued under the conditions specified in paragraph (e)(2) of this section, the decal must be attached to the vessel on the port side of the cabin or, in the ab sence of a cabin, on the forward port side of the hull, and must be free of ob struction and in good condition. The decal must be attached to the Author ization Certificate for nonvessel fish eries. (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 Author ization Certificate, or copy, must be made available upon request to any state or Federal enforcement agent au thorized to enforce the Act, any des ignated agent of NMFS, or any con tractor providing observer services to NMFS. (3) Authorization Certificates and de cals are not transferable. In the event of the sale or change in ownership of the vessel, the Authorization Certifi cate is void and the new owner must register for an Authorization Certifi cate and decal. (4) An Authorization Certificate hold er 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 reg istration 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. Any Authorization Cer tificate holders must comply with the reporting requirements specified under § 229.6. (g) Disposition of marine mammals. Any marine mammal incidentally taken must be immediately returned to the sea with a minimum of further injury, unless directed otherwise by NMFS personnel, a designated contractor or 21 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.6 an official observer, or authorized oth erwise by a scientific research permit that is in the possession of the oper ator. (h) Monitoring. Authorization Certifi cate holders must comply with the ob server or other monitoring require ments specified under § 229.7. (i) Deterrence. When necessary to deter a marine mammal from dam aging fishing gear, catch, or other pri vate property, or from endangering personal safety, vessel owners and crew members engaged in a Category I or II fishery must comply with all deter rence provisions set forth in the Act and all guidelines and prohibitions pub lished thereunder. (j) Self defense. When imminently nec essary in self-defense or to save the life of a person in immediate danger, a ma rine mammal may be lethally taken if such taking is reported to NMFS in ac cordance with the requirements of § 229.6. (k) Take reduction plans and emer gency regulations. Authorization Cer tificate holders must comply with any applicable take reduction plans and emergency regulations. (l) Expiration. Authorization Certifi cates expire at the end of each calendar year. [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. Vessel owners and crew members of such vessels engaged only in Category III fisheries may inciden tally take marine mammals without registering for or receiving an Author ization Certificate. (b) Reporting. Vessel owners engaged in a Category III fishery must comply with the reporting requirements speci fied in § 229.6. (c) Disposition of marine mammals. Any marine mammal incidentally taken must be immediately returned to the sea with a minimum of further injury unless directed otherwise by NMFS personnel, a designated contractor, or an official observer, or authorized oth erwise by a scientific research permit in the possession of the operator. (d) Monitoring. Vessel owners engaged in a Category III fishery must comply with the observer requirements speci fied under § 229.7(d). (e) Deterrence. When necessary to deter a marine mammal from dam aging fishing gear, catch, or other pri vate property, or from endangering personal safety, vessel owners and crew members engaged in commercial fish ing operations must comply with all deterrence provisions set forth in the Act and all guidelines and prohibitions published thereunder. (f) Self-defense. When imminently necessary in self-defense or to save the life of a person in immediate danger, a marine mammal may be lethally taken if such taking is reported to NMFS in accordance with the requirements of § 229.6. (g) Emergency regulations. Vessel own ers engaged in a Category III fishery must comply with any applicable emer gency 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 en gaged in any commercial fishery must report all incidental mortality and in jury of marine mammals in the course of commercial fishing operations to the Assistant Administrator, or appro priate Regional Office, by mail or other means, such as fax or overnight mail specified by the Assistant Adminis trator. 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 occur rence of an incidental mortality or in jury. 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 ves sel 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 ap proximate geographic location of such 22 50 CFR Ch. II (10–1–23 Edition) § 229.7 occurrence. A description of the ani mal(s) killed or injured must be pro vided 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 fish eries 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 mor talities and serious injuries. (a) Purpose. The Assistant Adminis trator will establish a program to mon itor incidental mortality and serious injury of marine mammals during the course of commercial fishing oper ations in order to: (1) Obtain statistically reliable esti mates of incidental mortality and seri ous injury; (2) Determine the reliability of re ports of incidental mortality and in jury under § 229.6; and (3) Identify changes in fishing meth ods or technology that may increase or decrease incidental mortality and seri ous injury. (b) Observer program. Pursuant to paragraph (a) of this section, the As sistant Administrator may observe Category I and II vessels as necessary. Observers may, among other tasks: (1) Record incidental mortality and injury, and bycatch of other nontarget species; (2) Record numbers of marine mam mals sighted; and (3) Perform other scientific inves tigations, which may include, but are not limited to, sampling and photographing incidental mortalities and serious injuries. (c) Observer requirements for partici pants in Category I and II fisheries. (1) If requested by NMFS or by a designated contractor providing observer services to NMFS, a vessel owner/operator must take aboard an observer to accompany the vessel on fishing trips. (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 in formation requested within the speci fied 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 inad equate or unsafe that the health or safety of the observer or the safe oper ation of the vessel would be jeopard ized. (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 ob server, the United States government, or the designated observer provider, food, toilet, bathing, sleeping accom modations, 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 con tractors. 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 agree ment of the observer involved; (iii) Allowing the observer access to all areas of the vessel necessary to con duct observer duties; (iv) Allowing the observer access to communications equipment and navi gation equipment, when available on the vessel, as necessary to perform ob server 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 ade quate facilities are available and if fea sible; 23 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.9 (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 obser vations 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 speci mens identified in paragraph (c)(4)(vi) of this section, which are readily acces sible to crew members, must be brought on board the vessel and re tained for the purposes of scientific re search if feasible and requested by NMFS personnel, designated contrac tors, or the observer. Specimens so col lected and retained must, upon request by NMFS personnel, designated con tractors, or the observer, be retained in cold storage on board the vessel, if fea sible, until removed at the request of NMFS personnel, designated contrac tors, or the observer, retrieved by au thorized personnel of NMFS, or re leased by the observer for return to the ocean. These biological specimens may be transported on board the vessel dur ing the fishing trip and back to port under this authorization. (d) Observer requirements for partici pants in Category III fisheries. (1) The Assistant Administrator may place ob servers on Category III vessels if the Assistant Administrator: (i) Believes that the incidental mor tality and serious injury of marine mammals from such fishery may be contributing to the immediate and sig nificant adverse impact on a species or stock listed as a threatened species or endangered species under the Endan gered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (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 Cat egory III vessel, the vessel owner and/ or operator must comply with the re quirements of § 229.7(c). (e) Alternative observer program. The Assistant Administrator may establish an alternative observer program to provide statistically reliable informa tion on the species and number of ma rine mammals incidentally taken in the course of commercial fishing oper ations. The alternative observer pro gram may include direct observation of fishing activities from vessels, air planes, or points on shore. [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 a pro posed revised List of Fisheries on or about July 1 of each year for the pur pose of receiving public comment. Each year, on or about October 1, the Assist ant Administrator will publish a final revised List of Fisheries, which will be come effective January 1 of the next calendar year. (b) The proposed and final revised List of Fisheries will: (1) Categorize each commercial fish ery based on the definitions of Cat egory 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 per sons involved in each commercial fish ery. (c) The Assistant Administrator may publish a revised List of Fisheries at other times, after notification and op portunity 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 ef fect— (i) Prescribe emergency regulations that, consistent with such plan to the maximum extent practicable, reduce 24 50 CFR Ch. II (10–1–23 Edition) § 229.10 incidental mortality and serious injury in that fishery; and (ii) Approve and implement on an ex pedited 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 ex pedited basis, such plan, which will provide methods to address such ad verse 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 be lieves may be contributing to such ad verse 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 as sessment for such stock or species and the classification of such commercial fishery under this section to determine if a take reduction team should be es tablished 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 endan gered species under the Endangered Species Act (16 U.S.C. 1531 et seq.), place observers on vessels in a Cat egory III fishery if the Assistant Ad ministrator has reason to believe such vessels may be causing the incidental mortality and serious injury to marine mammals from such stock. (b) Prior to taking any action under § 229.9(a)(1) through (3), the Assistant Administrator will consult with the Marine Mammal Commission, all ap propriate Regional Fishery Manage ment 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 and will remain in effect for no more than 180 days or until the end of the applicable commercial fishing season, whichever is earlier, except as provided in paragraph (d) of this sec tion; and (2) May be terminated by notification in the FEDERAL REGISTER at an earlier date if the Assistant Administrator de termines that the reasons for the emer gency regulations no longer exist. (d) If the Assistant Administrator finds that incidental mortality and se rious injury of marine mammals in a commercial fishery is continuing to have an immediate and significant ad verse impact on a stock or species, the Assistant Administrator may extend the emergency regulations for an addi tional period of not more than 90 days or until reasons for the emergency reg ulations 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 para graphs (b) and (c) of this section, any person who violates any regulation under this part or any provision of sec tion 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 reduc tion plan shall be subject to the pen alties 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 re duction plans or emergency regulations issued under this part may result in suspension or revocation of an Author ization Certificate, and failure to com ply with a take reduction plan or emer gency regulation is also subject to the penalties of sections 105 and 107 of the Act, and may be subject to the pen alties of section 106 of the Act. 25 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.12 (e) For fishers operating in Category I or II fisheries, failure to report all in cidental injuries and mortalities with in 48 hours of the end of each fishing trip, or failure to comply with require ments to carry an observer, will sub ject 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 suspen sion, revocation, or denial of an Au thorization Certificate until such re quirements have been fulfilled. (f) For fishers operating in Category III fisheries, failure to report all inci dental injuries and mortalities within 48 hours of the end of each fishing trip will subject such persons to the pen alties of sections 105 and 107, and may subject them to section 106, of the Act. (g) Suspension, revocation or denial of Authorization Certificates. (1) Until the Authorization Certificate holder com plies with the regulations under this part, the Assistant Administrator shall suspend or revoke an Authorization Certificate or deny an annual renewal of an Authorization Certificate in ac cordance with the provisions in 15 CFR part 904 if the Authorization Certifi cate holder fails to report all inci dental mortality and injury of marine mammals as required under § 229.6; or fails to take aboard an observer if re quested by NMFS or its designated contractors. (2) The Assistant Administrator may suspend or revoke an Authorization Certificate or deny an annual renewal of an Authorization Certificate in ac cordance with the provisions in 15 CFR part 904 if the Authorization Certifi cate holder fails to comply with any applicable take reduction plan, take reduction regulations, or emergency regulations developed under this sub part or subparts B and C of this part or if the Authorization Certificate holder fails to comply with other require ments of these regulations; (3) A suspended Authorization Cer tificate may be reinstated at any time at the discretion of the Assistant Ad ministrator provided the Assistant Ad ministrator 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 in cludes information, the unauthorized disclosure of which could be prejudicial or harmful, such as information or data that are identifiable with an indi vidual fisher. Proprietary information obtained under part 229 will not be dis closed, in accordance with NOAA Ad ministrative Order 216–100, except: (1) To Federal employees whose du ties 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 informa tion involving fisheries, to employees of Regional Fishery Management Coun cils who are responsible for fishery management plan development and monitoring. (5) To other individuals or organiza tions authorized by the Assistant Ad ministrator to analyze this informa tion, so long as the confidentiality of individual fishers is not revealed. (b) Information will be made avail able to the public in aggregate, sum mary, or other such form that does not disclose the identity or business of any person in accordance with NOAA Ad ministrative Order 216–100. Aggregate or summary form means data struc tured so that the identity of the sub mitter 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 Sec retary of the Interior. The Assistant Administrator will consult with the Secretary of the Inte rior prior to taking actions or making determinations under this part that af fect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is respon sible under the Act. 26 50 CFR Ch. II (10–1–23 Edition) § 229.20 Subpart B—Takes of Endangered and Threatened Marine Mammals § 229.20 Issuance of permits. (a) Determinations. During a period of up to 3 consecutive years, NMFS will allow the incidental, but not the inten tional, taking by persons using vessels of the United States or foreign vessels that have valid fishing permits issued by the Assistant Administrator in ac cordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)), while engaging in commercial fishing operations, of marine mammals from a species or stock designated as depleted because of its listing as an endangered species or threatened species under the Endangered Species Act of 1973 if the Assistant Administrator determines that: (1) The incidental mortality and seri ous injury from commercial fisheries will have a negligible impact on such species or stock; (2) A recovery plan has been devel oped or is being developed for such spe cies or stock pursuant to the Endan gered 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 determina tions. In making any of the determina tions listed in paragraph (a) of this sec tion, the Assistant Administrator will publish an announcement in the FED ERAL REGISTER of fisheries having takes of marine mammals listed under the Endangered Species Act, including a summary of available information re garding the fisheries interactions with listed species. Any interested party may, within 45 days of such publica tion, submit to the Assistant Adminis trator written data or views with re spect to the listed fisheries. As soon as practicable after the end of the 45 days following publication, NMFS will pub lish in the FEDERAL REGISTER a list of the fisheries for which the determina tions listed in paragraph (a) of this sec tion have been made. This publication will set forth a summary of the infor mation used to make the determina tions. (c) Issuance of authorization. The As sistant Administrator will issue appro priate permits for vessels in fisheries that are required to register under § 229.4 and for which determinations under the procedures of paragraph (b) of this section can be made. (d) Category III fisheries. Vessel own ers engaged only in Category III fish eries for which determinations are made under the procedures of para graph (b) of this section will not be subject to the penalties of this Act for the incidental taking of marine mam mals to which this subpart applies, as long as the vessel owner or operator of such vessel reports any incidental mor tality or injury of such marine mam mals in accordance with the require ments of § 229.6. (e) Emergency authority. During the course of the commercial fishing sea son, if the Assistant Administrator de termines that the level of incidental mortality or serious injury from com mercial fisheries for which such a de termination was made under this sec tion has resulted or is likely to result in an impact that is more than neg ligible on the endangered or threatened species or stock, the Assistant Admin istrator will use the emergency author ity of § 229.9 to protect such species or stock, and may modify any permit granted under this paragraph as nec essary. (f) Suspension, revocation, modification and amendment. The Assistant Admin istrator may, pursuant to the provi sions of 15 CFR part 904, suspend or re voke a permit granted under this sec tion if the Assistant Administrator de termines that the conditions or limita tions set forth in such permit are not being complied with. The Assistant Ad ministrator may amend or modify, after notification and opportunity for public comment, the list of fisheries published in accordance with para graph (b) of this section whenever the Assistant Administrator determines there has been a significant change in 27 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 the information or conditions used to determine such a list. (g) Southern sea otters. This subpart does not apply to the taking of South ern (California) 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 regula tions governing commercial fishing op erations, when necessary, to imple ment 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. The purpose of this section is to implement the Pa cific Offshore Cetacean Take Reduction Plan. Paragraphs (b) through (d) of this section apply to all U.S. drift gillnet fishing vessels operating in waters sea ward of the coast of California or Or egon, including adjacent high seas waters. For purposes of this section, the fishing season is defined as begin ning May 1 and ending on January 31 of the following year. (b) Extenders. An extender is a line that attaches a buoy (float) to a drift gillnet’s floatline. The floatline is at tached to the top of the drift gillnet. All extenders (buoy lines) must be at least 6 fathoms (36 ft; 10.9 m) in length during all sets. Accordingly, all floatlines must be fished at a minimum of 36 feet (10.9 m) below the surface of the water. (c) Pingers. (1) For the purposes of this paragraph (c), a pinger is an acous tic deterrent device which, when im mersed in water, broadcasts a 10 kHz (±2 kHz) sound at 132 dB (±4 dB) re 1 micropascal at 1 m, lasting 300 milli seconds (+ 15 milliseconds), and repeat ing every 4 seconds (+ .2 seconds); and remains operational to a water depth of at least 100 fathoms (600 ft or 182.88 m). (2) While at sea, operators of drift gillnet vessels with gillnets onboard must carry enough pingers on the ves sel to meet the requirements set forth under paragraphs (c)(3) through(6) of this section. (3) Floatline. Pingers shall be at tached within 30 ft (9.14 m) of the floatline and spaced no more than 300 ft (91.44 m) apart. (4) Leadline. Pingers shall be attached within 36 ft (10.97 m) of the leadline and spaced no more than 300 ft (91.44 m) apart. (5) Staggered Configuration. Pingers attached within 30 ft (9.14 m) of the floatline and within 36 ft (10.97 m) of the leadline shall be staggered such that the horizontal distance between them is no more than 150 ft (45.5 m). (6) Any materials used to weight pingers must not change its specifica tions set forth under paragraph (c)(1) of this section. (7) The pingers must be operational and functioning at all times during de ployment. (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, experi mental purposes within a single fishing season. (d) Skipper education workshops. After notification from NMFS, vessel opera tors must attend a skipper education workshop before commencing fishing each fishing season. For the 1997/1998 fishing season, all vessel operators must have attended one skipper edu cation workshop by October 30, 1997. NMFS may waive the requirement to attend these workshops by notice to all vessel operators. [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 re duction plan regulations. (a) Purpose and scope—(1) Whales and fixed gear fisheries. The purpose of this section is to implement the Atlantic Large Whale Take Reduction Plan to reduce incidental mortality and serious injury of fin, humpback, and right whales in specific Category I and Cat egory II commercial fisheries from 28 50 CFR Ch. II (10–1–23 Edition) § 229.32 Maine through Florida. Specific Cat egory I and II commercial fisheries within the scope of the Plan are identi fied and updated in the annual List of Fisheries. The measures identified in the Atlantic Large Whale Take Reduc tion Plan are also intended to benefit minke whales, which are not des ignated as a strategic stock, but are known to be taken incidentally in gillnet and trap/pot fisheries. The gear types affected by this plan include gillnets (e.g., anchored, drift, and shark) and traps/pots. The Assistant Administrator may revise the require ments set forth in this section in ac cordance with paragraph (i) of this sec tion; (2) Regulated waters—(i) U.S. Atlantic waters. The regulations in this section apply to all U.S. waters in the Atlantic except for the areas exempted in para graph (a)(3) of this section; (ii) Northeast Region. The Northeast Region referred to in paragraphs (b)(1) (b)(2)(i), (b)(3), and (c)(2)(iv) of this sec tion applies to ocean waters within an area bounded on the west by land or by a rhumb line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) and on the south by the 40°00′ N lat. line run ning east to the EEZ line, and bounded on the east by the EEZ north to the U.S./Canada border except for the areas and specific purposes exempted in para graph (a)(3) of this section; and (iii) Six-mile line. The six-mile line re ferred to in paragraph (c)(2)(iv) of this section is a line connecting the fol lowing points (Machias Seal to Provincetown): TABLE 1 TO PARAGRAPH (a)(2)(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. The pocket waters referred to in paragraph (c)(2)(iv) of this section are defined as follows: TABLE 2 TO PARAGRAPH (a)(2)(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 lo cated 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: The Maine Zones referred to in para graph (c)(2)(iv) of this section include waters seaward of the Maine Exempted Waters referred to in paragraph (a)(3)(ii)(A) of this section as managed in eight Zones defined by Maine DMR. The Zones are bounded northeast by the U.S./Canada EEZ International Boundary line, offshore by the Lobster Management Area (LMA) boundary where LMA 1 meets the border of LMA 3 (LMA 1/LMA 3 boundary), and to the west by a boundary proceeding offshore from the Maine/New Hampshire state line. Individual Zone boundaries are defined as follows: 29 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 TABLE 3 TO PARAGRAPH (a)(2)(v) Maine lobster man agement 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 Eco nomic Zone boundary to approxi mately 44°8′ N lat., 67°18.00′ W long. The western boundary runs from that point due north along the 67°18.00′ W long. line to Cross Island, Maine. A—West ................. The eastern boundary of Zone A West is the western boundary of Zone A East. The western boundary of Zone A West follows: A line running from the Southern tip of Schoodic Point at 44°19.90′ N lat., and 68°03.61′ W long. and running south southeast to the LMA1/LMA3 border at 43°45.43′ N lat. and 67°50.12′ W long. The offshore boundary is the LMA1/ LMA3 boundary. 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 mile due east of Pond Island), then to the easternmost point of Black Island then to the navigation buoy R ‘‘8’’ at the western entrance of York Narrows then south to Swans Island Head then continuing along the southwestern shore of Swans Island to West Point then fol lowing the western boundary of the Swans Island Lobster Conservation Area southerly to a point at 44° 01.9′ N lat, 68°28.6′ W long, then SSE to 43°32.66′ N lat., 68°17.28′ W long. where it intersects the LMA1/LMA3 boundary. 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: TABLE 3 TO PARAGRAPH (a)(2)(v)—Continued Maine lobster man agement zone Description 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 inter sects 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 con necting 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 be gins 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. 30 50 CFR Ch. II (10–1–23 Edition) § 229.32 TABLE 3 TO PARAGRAPH (a)(2)(v)—Continued Maine lobster man agement zone Description 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 Eliz abeth 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 con necting 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—(i) COLREGS de marcation line. The regulations in this section do not apply to waters land ward of the 72 COLREGS demarcation lines (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by the National Oceanic and Atmospheric Administration (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80 with the exception of the COLREGS lines for Casco Bay (Maine), Portsmouth Harbor (New Hampshire), Gardiners Bay and Long Island Sound (New York), and the state of Massachusetts; (ii) Other exempted waters—(A) Maine. The regulations in this section do not apply to waters landward of a line con necting the following points (Quoddy Narrows/U.S.-Canada border to Odiornes Pt., Portsmouth, New Hamp shire): TABLE 4 TO PARAGRAPH (a)(3)(ii)(A) 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. (Ob struction, Southeast of Cutler) 44°27.77′ N lat., 67°32.86′ W long. (Free man Rock, East of Great Wass Is land) 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. (South ern 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. New Hampshire state waters are exempt from the min imum number of traps per trawl re quirement in paragraph (c)(2)(iv) of 31 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 this section. Harbor waters landward of the following lines are exempt from all the regulations in this section; TABLE 5 TO PARAGRAPH (a)(3)(ii)(B) 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. Rhode Island state waters are exempt from the minimum number of traps per trawl requirement in paragraph (c)(2)(iv) of this sectioN Harbor waters landward of the fol lowing lines are exempt from all the regulations in this section; TABLE 6 TO PARAGRAPH (a)(3)(ii)(C) 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. The regulations in this section do not apply to waters land ward of a line that follows the terri torial sea baseline through Block Is land Sound (Watch Hill Point, RI, to Montauk Point, NY); (E) Massachusetts. The regulations in this section do not apply to waters landward of the first bridge over any embayment, harbor, or inlet in Massa chusetts. The following Massachusetts state waters are exempt from the min imum number of traps per trawl re quirement in paragraph (c)(2)(iv) of this section: (1) Exempt waters of Massachusetts Bay and Outer Cape. Heading From the New Hampshire border to 70° W longitude south of Cape Cod, waters in EEZ Near shore Management Area 1 and the Outer Cape Lobster Management Area (as defined in the American Lobster Fishery regulations under § 697.18 of this title), from the shoreline to 3 nau tical miles from shore, and including waters of Cape Cod Bay southeast of a straight line connecting 41° 55.8′ N lat., 70°8.4′ W long. and 41°47.2′ N lat., 70°19.5′ W long.; and (2) Exempt waters of southern Massa chusetts. Heading From 70° W longitude south of Cape Cod to the Rhode Island border, all Massachusetts state waters in EEZ Nearshore Management Area 2 and the Outer Cape Lobster Manage ment Area (as defined in the American Lobster Fishery regulations 50 CFR 697.18), including Federal waters of Nantucket Sound west of 70° W long.; (F) South Carolina. The regulations in this section do not apply to waters landward of a line connecting the fol lowing points from 32°34.717′ N lat., 80°08.565′ W long. to 32°34.686′ N lat., 80°08.642′ W long. (Captain Sams Inlet); (4) Sinking groundline exemption. The fisheries regulated under this section are exempt from the requirement to have groundlines composed of sinking line if their groundline is at a depth equal to or greater than 280 fathoms (1,680 feet or 512.1 m); (5) Net panel weak link and anchoring exemption. The anchored gillnet fish eries regulated under this section are exempt from the requirement to install weak links in the net panel and anchor each end of the net string if the float line is at a depth equal to or greater than 280 fathoms (1,680 feet or 512.1 m); and (6) Island buffer. Those fishing in waters within 1⁄4 nautical miles of the following Maine islands are exempt from the minimum number of traps per trawl requirement in paragraph (c)(2)(iv) of this section: Monhegan Is land, Matinicus Island Group (Metinic Island, Small Green Island, Large Green Island, Seal Island, Wooden Ball Island, Matinicus Island, Ragged Is land), and Isles of Shoals Island Group (Duck Island, Appledore Island, Cedar Island, Smuttynose Island). (b) Gear marking requirements—(1) Specified areas. Fishermen permitted by Maine, New Hampshire, Massachusetts, Rhode Island, and NMFS to fish for lobster and Jonah crab using trap/pot gear in the Northeast Region will fol low the color marking requirements for 32 50 CFR Ch. II (10–1–23 Edition) § 229.32 Federal waters as indicated in para graph (b)(2) of this section and, except for when fishing in LMA3, will follow the color code scheme assigned to their state, indicated in paragraph (b)(3) of this section. For all other trap/pot and gillnet gear, excluding shark gillnet, the following areas are specified for gear marking purposes: Northern Inshore State Trap/Pot Waters, Cape Cod Bay Restricted Area, Massachu setts Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, Northern Nearshore Trap/Pot Waters Area, Great South Channel Restricted Trap/Pot Area, Great South Channel Restricted Gillnet Area, Great South Channel Sliver Restricted Area, South ern Nearshore Trap/Pot Waters Area, Offshore Trap/Pot Waters Area, Other Northeast Gillnet Waters Area, Mid/ South Atlantic Gillnet Waters Area, Other Southeast Gillnet Waters Area, Southeast U.S. Restricted Areas, and Southeast U.S. Monitoring Area; (i) Jordan Basin. The Jordan Basin Restricted Area is bounded by the fol lowing points connected by straight lines in the order listed: TABLE 7 TO PARAGRAPH (b)(1)(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. The Jeffreys Ledge Restricted Area is bounded by the following points con nected by a straight line in the order listed: TABLE 8 TO PARAGRAPH (b)(1)(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. All specified gear in specified areas must be marked with the color code shown in paragraph (b)(3) of this section. The color must be permanently marked on or along the rope or ropes specified under para graphs (b)(2)(i) through (iv) of this sec tion. Each colored mark must be clear ly visible when the gear is hauled or re moved from the water, including if the color of the rope is the same as or simi lar to the respective color code; (i) Northeast Region lobster and Jonah crab buoy line markings. Beginning May 1, 2022, for all Federal and state North east Region lobster and Jonah crab trap/pot gear regulated under this sec tion, the buoy lines must be marked with a solid mark at least 36 inches (91.4 cm) in length within 2 fathoms (3.7 m) of the surface buoy. When fishing in Federal waters, all Northeast Region lobster and Jonah crab trap/pot buoy lines must have an additional green mark of at least 12 inches (30.5 cm) in length no more than 6 inches (15.2 cm) from the 36-inch (91.4 cm) mark. These long marks within 2 fathoms (3.7 m) of the buoy must be solid marks that may be applied with dyed, painted, or heat shrink tubing, insertion of a colored rope or braided sleeve, or the line may be marked as approved in writing by the Greater Atlantic Regional Admin istrator. When fishing in state waters, the buoy line below the surface system must be marked by the principal port state color at least two additional times (top half, bottom half) and each mark must at least total 12 inches (30.5 cm) for a total of at least three marks in state waters. For dual permitted vessels, state regulations will deter mine whether green Federal markings in the surface system and buoy line below the surface system can remain on gear being fished in state waters. When in Federal waters, the buoy line below the surface system must be marked at least three additional times (top, middle, and bottom) with the state or LMA 3 specific color, and each mark must total at least 12 inches (30.5 cm) in length. An additional green mark of at least 12 inches (30.5 cm) in length denoting Northeast Region Fed eral waters must be placed within 6 inches (15.2 cm) of each area-specific colored mark for a total of at least eight marks in Federal waters. In marking or affixing the color code(s) for the 1-foot buoy line marks for gear regulated under this paragraph (b)(2)(i), the line may be: Dyed; painted, marked with thin colored whipping line, thin colored plastic, or heat-shrink tubing; 33 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 spliced in insertion of a colored rope or braided sleeve or other material, or a thin line may be woven into or through the line; or the line may be marked as approved in writing by the Greater At lantic Regional Administrator. An out reach guide illustrating the techniques for marking gear is available from the Greater Atlantic Regional Adminis trator upon request and posted on the Atlantic Large Whale Take Reduction Plan website at Fisheries.NOAA.gov/ ALWTRP; (ii) Other buoy line markings. For all other trap/pot and gillnet gear regu lated under this section, the buoy line must be marked at least three times (top, middle, bottom) and each mark must total at least 12 inches (30.5 cm) in length. If the mark consists of two colors, then each color mark may be at least 6 inches (15.2 cm) for a total mark of 12 inches (30.5 cm). In marking or affixing the color code for gear regu lated under this paragraph (b)(2)(ii), the line may be: Dyed, painted, marked with thin colored whipping line, thin colored plastic, or heat-shrink tubing, spliced in insertion of a colored rope or braided sleeve or other material, or a thin line may be woven into or through the line, or the line may be marked as approved in writing by the Greater At lantic Regional Administrator. An out reach guide illustrating the techniques for marking gear is available from the Greater Atlantic Regional Adminis trator upon request and posted on the Atlantic Large Whale Take Reduction Plan website at Fisheries.NOAA.gov/ ALWTRP; (iii) Net panel markings. Shark gillnet gear net panels in the Southeast U.S. Restricted Area S, Southeast U.S. Monitoring Area and Other Southeast Gillnet Waters are required to be marked. The net panel must be marked along both the floatline and the leadline at least once every 100 yards (91.4 m); (iv) Surface buoy markings. Trap/pot and gillnet gear regulated under this section must mark all surface buoys to identify the vessel or fishery with one of the following: The owner’s motor boat registration number, the owner’s U.S. vessel documentation number, the Federal commercial fishing permit number, or whatever positive identi fication marking is required by the vessel’s home-port state. When mark ing of surface buoys is not already re quired by state or Federal regulations, the letters and numbers used to mark the gear to identify the vessel or fish ery must be at least 1 inch (2.5 cm) in height in block letters or Arabic num bers in a color that contrasts with the background color of the buoy. An out reach guide illustrating the techniques for marking gear is available from the Greater Atlantic Regional Adminis trator upon request and posted on the Atlantic Large Whale Take Reduction Plan website Fisheries.NOAA.gov/ ALWTRP; (3) Color code. Gear must be marked with the appropriate colors to des ignate gear types and areas as follows: TABLE 9 TO PARAGRAPH (b)(3) 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 prin cipal 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 Massa chusetts 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 Is land 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. 34 50 CFR Ch. II (10–1–23 Edition) § 229.32 1 Fishermen are also encouraged to main tain their buoy lines to be as knot-free as possible. Splices are considered to be less of an entanglement threat and are thus pref erable to knots. TABLE 9 TO PARAGRAPH (b)(3)—Continued Color code scheme Plan management area Color Trawls fished in the Northeast EEZ Off shore 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 Re stricted Area. Red. Great South Channel Restricted Area overlapping with LMA 2 and/or Outer Cape. Red. Exempt Rhode Island state waters (sin gle 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 (Fed eral Waters). Green and Orange. Offshore ................................................. Black. Gillnet excluding shark gillnet Cape Cod Bay Restricted Area ............. Green. Stellwagen Bank/Jeffreys Ledge Re stricted 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—(1) Universal trap/pot gear requirements. In addition to the gear marking requirements listed in paragraph (b) of this section and the area-specific measures listed in para graphs (c)(2) through (14) of this sec tion, all trap/pot gear in regulated waters, including the Northern Inshore State Trap/Pot Waters Area, must comply with the universal gear re quirements listed in paragraphs (c)(1)(i) through (iii) of this section; 1 (i) No buoy line floating at the surface. No person or vessel may fish with trap/ pot gear that has any portion of the buoy line floating at the surface at any time when the buoy line is directly connected to the gear at the ocean bot tom. 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 sin gle buoy line, floating line may be used between these objects; (ii) No wet storage of gear. Trap/pot gear must be hauled out of the water at least once every 30 days; and (iii) Groundlines. All groundlines must be composed entirely of sinking line. The attachment of buoys, toggles, or other floatation devices to ground lines is prohibited. (2) Area specific gear requirements. Trap/pot gear must be set according to the requirements outlined in para graphs (c)(2)(i) through (iii) of this sec tion and in the table to paragraph (c)(2)(iv) of this section; (i) Single traps and multiple-trap trawls. All traps must be set according to the configuration outlined in the table to paragraph (c)(2)(iv) of this sec tion. Trawls up to and including five traps must only have one buoy line un less specified otherwise in the table to paragraph (c)(2)(iv) of this section; (ii) Buoy line weak links. With the ex ception of Northeast Region lobster and Jonah crab trap/pot trawls, all buoys, flotation devices and/or weights (except traps/pots, anchors, and leadline woven into the buoy line), such as surface buoys, high flyers, radar reflectors, subsurface buoys, tog gles, window weights, etc., must be at tached to the buoy line with a weak link placed either as close to each indi vidual buoy, flotation device and/or weight as operationally feasible, or at 35 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 the base of the surface system where the surface system attaches to the sin gle buoy line, and that meets the fol lowing specifications; (A) Weak link breaking strengths. The breaking strength of the weak links must not exceed the breaking strength listed in paragraph (c)(2)(iv) of this sec tion for a specified management area; (B) Approved weak links. The weak link must be chosen from the following list approved by NMFS: Swivels, plas tic weak links, rope of appropriate breaking strength, hog rings, rope sta pled to a buoy stick, or other materials or devices approved in writing by the Greater Atlantic Regional Adminis trator. An outreach guide illustrating the techniques for making weak links is available from the Greater Atlantic Regional Administrator upon request and posted on the Atlantic Large Whale Take Reduction Plan website Fisheries.NOAA.gov/ALWTRP; and (C) Clean breaks. 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 con sidered to be knots for the purposes of this paragraph (c)(2)(ii)(C); (iii) Weak buoy lines and weak inser tion devices. Beginning May 1, 2022, all lobster and Jonah crab trap/pot buoy lines in the management areas and configurations outlined in the table to paragraph (c)(2)(iv) of this section must use weak line or must insert weak devices along the buoy line as de scribed in the table to paragraph (c)(2)(iv). The weak line and weak in sert devices must meet the following specifications; (A) Breaking strength. The breaking strength of the weak buoy lines and weak insertion devices must not exceed 1,700 lb (771 kgs); (B) Approved devices and distance be tween weak insertions. Weak insertion devices must be inserted in the speci fied intervals from the surface system and must be devices chosen from the following list approved by NMFS, in cluding any rope no thinner than 5/16 inch (8 mm) diameter that is engi neered to break at 1,700 lb (771 kg) or less in a color contrasting with the pri mary buoy line and 3 feet (91.4 cm) or longer spliced on either end into the primary buoy line. Splices that achieve nearly the manufactured breaking strength include but are not limited to: Three or more tuck splices, an eye to loop with 3 or more tuck splices, or a butt splice. A 3-foot long hollow braid ed sleeve such as those known as the South Shore Sleeve installed over a parted buoy line is approved. A plastic weak link engineered to break at 1700 lb (771 kg) or less in a color that con trasts with the buoy line and with the breaking strength imprinted on the weak link is approved. The Greater At lantic Regional Administrator will ap prove other materials, devices, or con figurations inserted according to speci fications approved in writing by the Greater Atlantic Regional Adminis trator. An outreach guide illustrating the techniques for making weak insert devices is available from the Greater Atlantic Regional Administrator upon request and posted on the Atlantic Large Whale Take Reduction Plan website Fisheries.NOAA.gov/ALWTRP; and (C) Clean breaks. Weak line and weak inserts must break cleanly leaving be hind the bitter end of the line. The bit ter end of the line must be free of any knots when the weak insert breaks. Splices are not considered to be knots for the purposes of this paragraph (c)(2)(iii)(D). (iv) Table of area specific trap/pot gear requirements. TABLE 10 TO PARAGRAPH (c)(2)(iv) Mgmt area; location Minimum number traps/trawl Minimum number of weak rope or weak inser tion 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 per cent buoy line length from top. 36 50 CFR Ch. II (10–1–23 Edition) § 229.32 TABLE 10 TO PARAGRAPH (c)(2)(iv)—Continued Mgmt area; location Minimum number traps/trawl Minimum number of weak rope or weak inser tion configuration 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 per cent 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 per cent 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 per cent 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 per cent 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 per cent 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 per cent 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 per cent buoy line length from top. Northern Inshore State, Massachusetts Re stricted Area, and Massachusetts South Is land 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 Re stricted 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. 37 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 TABLE 10 TO PARAGRAPH (c)(2)(iv)—Continued Mgmt area; location Minimum number traps/trawl Minimum number of weak rope or weak inser tion configuration 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 per cent 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 Re stricted 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 Re stricted 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 Re stricted 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 Re stricted 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 Re stricted 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 Re stricted Area, and Massachusetts South Is land 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 Re stricted 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 Re stricted 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. 38 50 CFR Ch. II (10–1–23 Edition) § 229.32 TABLE 10 TO PARAGRAPH (c)(2)(iv)—Continued Mgmt area; location Minimum number traps/trawl Minimum number of weak rope or weak inser tion configuration Northern Nearshore, Great South Channel Re stricted 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 Chan nel 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 Florida State Waters. 1 .............................................. ≤200 lb. Southeast U.S. Restricted Area North; 3 Geor gia State Waters. 1 .............................................. ≤600 lb. Southeast U.S. Restricted Area North; 3 South Carolina State Waters. 1 .............................................. ≤600 lb. Southeast U.S. Restricted Area North; 3 Fed eral Waters off Florida, Georgia, South Carolina. 1 .............................................. ≤600 lb. 1 The 6-mile line, pocket waters, and Maine Zones are defined in paragraphs (a)(2)(iii) through (v) of this section. 2 Massachusetts State waters as defined as paragraph (a)(3)(ii)(E) of this section. 3 See paragraph (f)(1) of this section for description of area. (3) Massachusetts Restricted Area—(i) Area. The Massachusetts Restricted Area is bounded landward by the Mas sachusetts shoreline, from points MRA1 through MRA3 bounded seaward by the designated Massachusetts state waters boundary, and then bounded by a rhumb line connecting points MRA3 through MRA11 in order as detailed in table 11 to paragraph (c)(3)(i); TABLE 11 TO PARAGRAPH (c)(3)(i) Point N lat. W long. MRA1 ................................. 42°52.32′ 70°48.98′ MRA2 ................................. 42°52.58′ 70°43.94′ MRA3 ................................. 42°12′ 70°38.69′ MRA4 ................................. 42°12′ 70°30′ MRA5 ................................. 42°30′ 70°30′ MRA6 ................................. 42°30′ 69°45′ MRA7 ................................. 41°56.5′ 69°45′ MRA8 ................................. 41°21.5′ 69°16′ MRA9 ................................. 41°15.3′ 69°57.9′ MRA10 ............................... 41°20.3′ 70°00′ MRA11 ............................... 41°40.2′ 70°00′ (ii) Closure to fishing with buoy lines. From February 1 to April 30, it is pro hibited to fish with, set, or possess trap/pot gear in the area in this para graph (c)(3)(i) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bot tom until it can be remotely released for hauling, or it is stowed in accord ance with § 229.2 of this chapter. Au thorizations for fishing without buoy lines must be obtained if such fishing would not be in accordance with sur face marking requirements of §§ 697.21 and 648.84 of this title or other applica ble fishery management regulations. The minimum number of trap/trawl gear configuration requirements speci fied in paragraph (c)(2)(iv) of this sec tion remain in effect unless an exemp tion to those requirements is author ized. (iii) Area-specific gear or vessel require ments. From May 1 through January 31, no person or vessel may fish with or possess trap/pot gear in the Massachu setts Restricted Area unless that gear complies with the gear marking re quirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in para graph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or un less the gear is stowed as specified in § 229.2. (4) South Island Restricted Area—(i) Area. The South Island Restricted Area is bounded by the following points con nected by rhumb lines in the order list ed, and bounded on the north by the shoreline of Nantucket, Massachusetts. 39 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 TABLE 12 TO PARAGRAPH (c)(4)(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. From February 1 to April 30, it is pro hibited to fish with, set, or possess trap/pot gear in the area in paragraph (c)(4)(i) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bottom until they can be remotely released for hauling, or the trap/pot gear is stowed in accordance with § 229.2. Authoriza tions for fishing without buoy lines must be obtained if such fishing would not be in accordance with surface marking requirements of 50 CFR 697.21 and 648.84. The minimum number of trap/trawl gear configuration require ments specified in paragraph (c)(2)(iv) of this section remain in effect unless an exemption to those requirements is authorized. (iii) Area-specific gear or vessel require ments. From May 1 through January 31, no person or vessel may fish with or possess trap/pot gear in the Massachu setts South Island Restricted Area un less that gear complies with the gear marking requirements specified in paragraph (b) of this section, the uni versal trap/pot gear requirements spec ified in paragraph (c)(1) of this section, and the area-specific requirements list ed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (5) Great South Channel Restricted Trap/Pot Area—(i) Area. The Great South Channel Restricted Trap/Pot Area consists of the area bounded by the following points. TABLE 13 TO PARAGRAPH (c)(5)(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. From April 1 through June 30, it is pro hibited to fish with, set, or possess trap/pot gear in the area in paragraph (c)(5)(i) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bottom until they can be remotely released for hauling, or the trap/pot gear is stowed in accordance with § 229.2. Authoriza tions for fishing without buoy lines must be obtained if such fishing would not be in accordance with surface marking requirements of 50 CFR 697.21 and 648.84. (iii) Area-specific gear or vessel require ments. From July 1 through March 31, no person or vessel may fish with or possess trap/pot gear in the Great South Channel Restricted Trap/Pot Area unless that gear complies with the gear marking requirements speci fied in paragraph (b) of this section, the universal trap/pot gear require ments specified in paragraph (c)(1) of this section, and the area-specific re quirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (6) Lobster Management Area One Re stricted Area—(i) Area. The Lobster Management Area One Restricted Area (LMRA1) is bounded by the following points connected by rhumblines in the order listed. TABLE 14 TO PARAGRAPH (c)(6)(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. From October 1 to January 31, it is prohibited to fish with, set, or pos sess trap/pot gear in the area in para graph (c)(6)(i) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bot tom until they can be remotely re leased for hauling, or the trap/pot gear is stowed in accordance with § 229.2. Authorizations for fishing without buoy lines must be obtained if such fishing would not be in accordance with surface marking requirements of 50 CFR 697.21 and 648.84. The minimum number of trap/trawl gear configura tion requirements specified in para graph (c)(2)(iv) of this section remain 40 50 CFR Ch. II (10–1–23 Edition) § 229.32 in effect unless an exemption to those requirements is authorized. (iii) Area-specific gear or vessel require ments. From February 1 through Sep tember 30, no person or vessel may fish with or possess trap/pot gear in the LMA 1 Restricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in para graph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or un less the gear is stowed as specified in § 229.2. (7) Stellwagen Bank/Jeffreys Ledge Re stricted Area—(i) Area. The Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal waters of the Gulf of Maine, except those designated as the Massachusetts Restricted Area in paragraph (c)(3) of this section, that lie south of 43°15′ N lat. and west of 70°00′ W long. (ii) Year round area-specific gear or vessel requirements. No person or vessel may fish with or possess trap/pot gear in the Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear com plies with the gear marking require ments specified in paragraph (b) of this section, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, and the area-specific re quirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (8) Georges Basin Restricted Area—(i) Area. The Georges Basin Restricted Area (GBRA) referred to in paragraph (c)(2)(iv) of this section is bounded by rhumb lines connecting the following points in the order listed in table 15 to paragraph (c)(8)(i). TABLE 15 TO PARAGRAPH (c)(8)(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 require ments. Beginning May 1 2022, no person or vessel may fish with or possess trap/ pot gear in the Georges Basin Re stricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, and the area-specific re quirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (9) South Georges 50 Fathom Restricted Area—(i) Area. The South Georges 50 Fathom Restricted Area curve line re ferred to in paragraph (c)(2)(iv) of this section is an area bounded in the south by the 40 degree southern border of the Northeast Region, bounded seaward by the EEZ, and bounded in the north by rhumb lines connecting the following points in the order listed in table 16 to paragraph (c)(9)(i). TABLE 16 TO PARAGRAPH (c)(9)(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 require ments. Beginning May 1, 2022, no person or vessel may fish with or possess trap/ pot gear in the South Georges 50 Fath om Restricted Area unless that gear complies with the gear marking re quirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in para graph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or un less the gear is stowed as specified in § 229.2. 41 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 (10) Offshore Trap/Pot Waters Area—(i) Area. The Offshore Trap/Pot Waters Area includes all Federal waters of the EEZ Offshore Management Area known as Lobster Management Area 3, includ ing the area known as the Area 2/3 Overlap and Area 3/5 Overlap as defined in the American Lobster Fishery regu lations at 50 CFR697.18, with the excep tion of the Great South Channel Re stricted Trap/Pot Area, Southeast Re stricted Area, Georges Basin Restricted Area, South Georges 50 Fathom Re stricted Area, and extending south along the 100-fathom (600-ft or 182.9-m) depth contour from 35°14′ N lat. South to 27°51′ N lat., and east to the eastern edge of the EEZ. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess trap/pot gear in the Northeast Region portion of Off shore Trap/Pot Waters Area that over laps an area from the U.S./Canada bor der south to a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat., and then east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements speci fied in paragraph (b) of this section, the universal trap/pot gear require ments specified in paragraph (c)(1) of this section, and the area-specific re quirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (iii) Seasonal area-specific gear or ves sel requirements. From September 1 to May 31, no person or vessel may fish with or possess trap/pot gear in the Off shore Trap/Pot Waters Area that over laps an area bounded on the north by a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat. and then east to the east ern edge of the EEZ, and bounded on the south by a line at 32°00′ N lat., and east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the uni versal trap/pot gear requirements spec ified in paragraph (c)(1) of this section, and area-specific requirements in para graph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (iv) Seasonal area-specific gear or vessel requirements. From November 15 to April 15, no person or vessel may fish with or possess trap/pot gear in the Off shore Trap/Pot Waters Area that over laps an area from 32°00′ N lat. south to 29°00′ N lat. and east to the eastern edge of the EEZ, unless that gear com plies with the gear marking require ments specified in paragraph (b) of this section, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (v) Seasonal area-specific gear or vessel requirements. From December 1 to March 31, no person or vessel may fish with or possess trap/pot gear in the Off shore Trap/Pot Waters Area that over laps an area from 29°00′ N lat. south to 27°51′ N lat. and east to the eastern edge of the EEZ, unless that gear com plies with the gear marking require ments specified in paragraph (b) of this section, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) in this section, or unless the gear is stowed as specified in § 229.2. (11) Northern Inshore State Trap/Pot Waters Area—(i) Area. The Northern Inshore State Trap/Pot Waters Area in cludes the state waters of Rhode Is land, Massachusetts, New Hampshire, and Maine, with the exception of Mas sachusetts Restricted Area and those waters exempted under paragraph (a)(3) of this section. Federal waters west of 70°00′ N lat. in Nantucket Sound are also included in the Northern Inshore State Trap/Pot Waters Area. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess trap/pot gear in the Northern Inshore State Trap/Pot Waters Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (12) Northern Nearshore Trap/Pot Waters Area—(i) Area. The Northern 42 50 CFR Ch. II (10–1–23 Edition) § 229.32 Nearshore Trap/Pot Waters Area in cludes all Federal waters of EEZ Near shore Management Area 1, Area 2, and the Outer Cape Lobster Management Area (as defined in the American Lob ster Fishery regulations at 50 CFR 697.18), with the exception of the Great South Channel Restricted Trap/Pot Area, Massachusetts Restricted Area, Stellwagen Bank/Jeffreys Ledge Re stricted Area, and Federal waters west of 70°00′ N lat. in Nantucket Sound (in cluded in the Northern Inshore State Trap/Pot Waters Area) and those waters exempted under paragraph (a)(3) of this section. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess trap/pot gear in the Northern Nearshore Trap/Pot Waters Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2. (13) Southern Nearshore Trap/Pot Waters Area—(i) Area. The Southern Nearshore Trap/Pot Waters Area in cludes all state and Federal waters that fall within EEZ Nearshore Man agement Area 4, EEZ Nearshore Man agement Area 5, and EEZ Nearshore Management Area 6 (as defined in the American Lobster Fishery regulations in § 697.18 of this title, and excluding the Area 3/5 Overlap), and inside the 100-fathom (600-ft or 182.9-m) depth con tour line from 35°30′ N lat. south to 27°51′ N lat. and extending inshore to the shoreline or exemption line, with the exception of those waters exempted under paragraph (a)(3) of this section and those waters in the Southeast Re stricted Area defined in paragraph (f)(1) of this section. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that is east of a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat., unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the uni versal trap/pot gear requirements spec ified in paragraph (c)(1) of this section, the area-specific requirements in para graph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (iii) Seasonal area-specific gear or ves sel requirements. From September 1 to May 31, no person or vessel may fish with or possess trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that overlaps an area bounded on the north by a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat. and then east to the eastern edge of the EEZ, and bounded on the south by 32°00′ N lat., and east to the eastern edge of the EEZ, unless that gear com plies with the gear marking require ments specified in paragraph (b) of this section, the universal trap/pot gear re quirements in paragraph (c)(1) of this section, the area-specific requirements in paragraph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (iv) Seasonal area-specific gear or vessel requirements. From November 15 to April 15, no person or vessel may fish with or possess trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that overlaps an area from 32°00′ N lat. south to 29°00′ N lat. and east to the eastern edge of the EEZ, unless that gear complies with the gear mark ing requirements specified in para graph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, the area-specific requirements in para graph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (v) Seasonal area-specific gear or vessel requirements. From December 1 to March 31, no person or vessel may fish with or possess trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that overlaps an area from 29°00′ N lat. south to 27°51′ N lat. and east to the eastern edge of the EEZ, unless that gear complies with the gear mark ing requirements specified in para graph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, the area-specific requirements in para graph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. 43 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 (14) Restrictions applicable to the red crab trap/pot fishery—(i) Area. The red crab trap/pot fishery is regulated in the waters identified in paragraphs (c)(10)(i) and (c)(14)(i) of this section. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess red crab trap/ pot gear in the area identified in para graph (c)(14)(i) of this section that overlaps an area from the U.S./Canada border south to a straight line from 41° 18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat., and then east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements speci fied in paragraph (b) of this section, the universal trap/pot gear require ments specified in paragraph (c)(1) of this section, the area-specific require ments in paragraph (c)(2) of this sec tion or unless the gear is stowed as specified in § 229.2. (iii) Seasonal area-specific gear or ves sel requirements. From September 1 to May 31, no person or vessel may fish with or possess red crab trap/pot gear in the area identified in paragraph (c)(14)(i) of this section that overlaps an area bounded on the north by a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat. and then east to the east ern edge of the EEZ, and bounded on the south by a line at 32°00′ N lat., and east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the uni versal trap/pot gear requirements spec ified in paragraph (c)(1) of this section, the area-specific requirements in para graph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (iv) Seasonal area-specific gear or vessel requirements. From November 15 to April 15, no person or vessel may fish with or possess red crab trap/pot gear in the area identified in paragraph (c)(14)(i) of this section that overlaps an area from 32°00′ N lat. south to 29°00′ N lat. and east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (v) Seasonal area-specific gear or vessel requirements. From December 1 to March 31, no person or vessel may fish with or possess red crab trap/pot gear in the area identified in paragraph (c)(14)(i) of this section that overlaps an area from 29°00′ N lat. south to 27°51′ N lat. and east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal trap/pot gear re quirements specified in paragraph (c)(1) of this section, the area-specific re quirements in paragraph (c)(2) of this section or unless the gear is stowed as specified in § 229.2. (d) Restrictions applicable to anchored gillnet gear—(1) Universal anchored gillnet gear requirements. In addition to the area-specific measures listed in paragraphs (d)(3) through (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 an chored gillnet gear that has any por tion 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 require ment under paragraph (a)(4) of this sec tion. The attachment of buoys, toggles, or other floatation devices to ground lines is prohibited. (2) Area specific gear restrictions. No person or vessel may fish with or pos sess anchored gillnet gear in Areas ref erenced in paragraphs (d)(3) through (8) of this section, unless that gear com plies with the gear requirements speci fied in paragraph (d)(1) of this section, 44 50 CFR Ch. II (10–1–23 Edition) § 229.32 and the area specific requirements list ed in paragraphs (d)(2)(i) through (iii) of this section, or unless the gear is stowed as specified in § 229.2. (i) Buoy line weak links. All buoys, flotation devices and/or weights (ex cept gillnets, anchors, and leadline woven into the buoy line), such as sur face 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 in dividual buoy, flotation device and/or weight as operationally feasible and that meets the following specifica tions: (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 Adminis trator. A brochure illustrating the techniques for making weak links is available from the Regional Adminis trator, 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 para graph (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 un less 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 break ing 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 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 break ing 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 be tween 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 bot tom through the use of a fluke, spade, 45 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 plow, or pick) having the holding ca pacity 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 avail able 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°46.8′ 70°30′ CCB2 .............................. 42°12′ 70°30′ CCB3 .............................. 42°12′ 70°15′ CCB4 .............................. 42°04.8′ 70°10′ (ii) Closure. During January 1 through May 15 of each year, no person or vessel may fish with or possess an chored gillnet gear in the Cape Cod Bay Restricted Area unless the Assistant Administrator specifies gear restric tions or alternative fishing practices in accordance with paragraph (i) of this section and the gear or practices com ply with those specifications, or unless the gear is stowed as specified in § 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 deter mines that right whales have left the restricted area and are unlikely to re turn for the remainder of the season. (iii) Area-specific gear or vessel require ments. 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 Re stricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this sec tion, the universal anchored gillnet gear requirements specified in para graph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section, or un less the gear is stowed as specified in § 229.2. (4) Great South Channel Restricted Gillnet Area—(i) Area. The Great South Channel Restricted Gillnet Area con sists of the area bounded by lines con necting the following four points: 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. From April 1 through June 30 of each year, no person or ves sel may fish with or possess anchored gillnet gear in the Great South Chan nel Restricted Gillnet Area unless the Assistant Administrator specifies gear restrictions or alternative fishing prac tices in accordance with paragraph (i) of this section and the gear or prac tices comply with those specifications, or unless the gear is stowed as specified in § 229.2. (iii) Area-specific gear or vessel require ments. 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 sec tion, the universal anchored gillnet gear requirements specified in para graph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or un less the gear is stowed as specified in § 229.2. (5) Great South Channel Sliver Re stricted Area—(i) Area. The Great South Channel Sliver Restricted Area con sists of the area bounded by lines con necting the following points: 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. No person or vessel may fish with or possess anchored gillnet gear in the Great South Chan nel Sliver Restricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored 46 50 CFR Ch. II (10–1–23 Edition) § 229.32 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 un less the gear is stowed as specified in § 229.2. (6) Stellwagen Bank/Jeffreys Ledge Re stricted 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°15′ N lat. and west of 70°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 mark ing requirements specified in para graph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this sec tion, and the area-specific require ments listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 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°30′ W long. south to 36°33.03′ N lat. and east to the eastern edge of the EEZ, with the exception of the Cape Cod Bay Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet Area, Great South Channel Sliver Restricted Area, and exempted waters listed in paragraph (a)(3) of this section. (ii) Year-round area-specific gear or vessel requirements. No person or vessel may fish with or possess anchored gillnet gear in the Other Northeast Gillnet Waters Area that overlaps an area from the U.S./Canada border south to a straight line from 41°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat. and then east to the eastern edge of the EEZ, unless that gear complies with the gear mark ing requirements specified in para graph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this sec tion, and the area-specific require ments listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 229.2. (iii) Seasonal area-specific gear or ves sel 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°18.2′ N lat., 71 °51.5′ W long. (Watch Hill Point, RI) south to 40°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 sec tion, the universal anchored gillnet gear requirements specified in para graph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or un less the gear is stowed as specified in § 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°30′ W long. south to 36°33.03′ N lat. and east to the eastern edge of the EEZ, and bounded on the south by 32°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 speci fied in paragraphs (f)(1) and (2) of this section, then the closure and exemp tion for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies. (ii) Area-specific gear or vessel require ments. 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 un less that gear complies with the gear marking requirements specified in paragraph (b) of this section, the uni versal anchored gillnet gear require ments specified in paragraph (d)(1) of this section, and the following area specific requirements, or 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. 47 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 Restricted Area as specified in para graph (f)(2) of this section applies. (A) Buoy line weak links. All buoys, flotation devices and/or weights (ex cept gillnets, anchors, and leadline woven into the buoy line), such as sur face 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 in dividual buoy, flotation device and/or weight as operationally feasible and that meets the following specifica tions: (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 Adminis trator. A brochure illustrating the techniques for making weak links is available from the Regional Adminis trator, 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 para graph (d)(8)(ii)(A). (B) Net panel weak links. The weak link requirements apply to all vari ations in panel size. All net panels must contain weak links that meet the following specifications unless exempt ed under paragraph (a)(5) of this sec tion: (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 in dividual 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 fath oms (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 fol lowing 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 bot tom through the use of a fluke, spade, plow, or pick) having the holding ca pacity 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 Atlan tic Region upon request. (2) Net panel weak links. Net panel weak links must meet the specifica tions 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 Caro lina. All gillnets set 300 yards (274.3 m) or less from the shoreline in North Carolina must meet the anchoring sys tem and net panel weak link require ments 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 speci fications 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 48 50 CFR Ch. II (10–1–23 Edition) § 229.32 string with a burying anchor (an an chor 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 Re stricted Area is bounded by the fol lowing points and on the south and east by the interior shoreline of Cape Cod, Massachusetts. 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. From January 1 through April 30 of each year, no person or ves sel may fish with or possess drift gillnet gear in the Cape Cod Bay Re stricted Area unless the Assistant Ad ministrator specifies gear restrictions or alternative fishing practices in ac cordance 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 § 229.2. The Assistant Administrator may waive this closure for the remain ing portion of the winter restricted pe riod in any year through a notification in the FEDERAL REGISTER if NMFS de termines 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 require ments. 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 speci fied in paragraph (b) of this section, or unless the gear is stowed as specified in § 229.2. Additionally, no person or vessel may fish with or possess drift gillnet gear at night in the Cape Cod Bay Re stricted Area unless that gear is tend ed, or unless the gear is stowed as spec ified in § 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 re turns to port. (2) Great South Channel Restricted Gillnet Area—(i) Area. The Great South Channel Restricted Gillnet Area con sists of the area bounded by lines con necting the following four points: 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. From April 1 through June 30 of each year, no person or ves sel may set, fish with or possess drift gillnet gear in the Great South Chan nel Restricted Gillnet Area unless the Assistant Administrator specifies gear restrictions or alternative fishing prac tices in accordance with paragraph (i) of this section and the gear or prac tices comply with those specifications, or unless the gear is stowed as specified in § 229.2. (iii) Area-specific gear or vessel require ments. 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 sec tion, or unless the gear is stowed as specified in § 229.2. Additionally, no per son 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 § 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 re turns to port. (3) Great South Channel Sliver Re stricted Area—(i) Area. The Great South Channel Sliver Restricted Area con sists of the area bounded by lines con necting the following points: 49 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 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. 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 § 229.2. Addition ally, no person or vessel may fish with or possess drift gillnet gear at night in the Great South Channel Sliver Re stricted Area unless that gear is tend ed, or unless the gear is stowed as spec ified in § 229.2. During that time, all drift gillnet gear set by that vessel in the Great South Channel Sliver Re stricted Area must be removed from the water and stowed on board the ves sel before a vessel returns to port. (4) Stellwagen Bank/Jeffreys Ledge Re stricted 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 para graph (e)(1) of this section, that lie south of 43°15′ N lat. and west of 70°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 re quirements specified in paragraph (b) of this section, or unless the gear is stowed as specified in § 229.2. Addition ally, 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 un less the gear is stowed as specified in § 229.2. During that time, all drift gillnet gear set by that vessel in the Stellwagen Bank/Jeffreys Ledge Re stricted Area must be removed from the water and stowed on board the ves sel 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°30′ W long. south to 36°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 sec tion, or unless the gear is stowed as specified in § 229.2. Additionally, no per son 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 § 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 ves sel 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°18.2′ N lat., 71°51.5′ W long. (Watch Hill Point, RI) south to 40°00′ N lat. and then east to the eastern edge of the EEZ, unless that gear complies with the gear marking requirements speci fied inparagraph (b) of this section, or unless the gear is stowed as specified in § 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 § 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. 50 50 CFR Ch. II (10–1–23 Edition) § 229.32 waters bounded on the north from Long Island, NY at 72°30′ W long. south to 36°33.03′ N lat. and east to the eastern edge of the EEZ, and bounded on the south by 32°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 speci fied in paragraphs (f)(1) and (2) of this section, then the closure and exemp tion for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies. (ii) Area-specific gear or vessel require ments. 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 per son 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. Re stricted Area and its restricted period as specified in paragraphs (f)(1) and (2) of this section, then the closure and ex emption for the Southeast U.S. Re stricted Area as specified in paragraph (f)(2) of this section applies. (f) Restrictions applicable to the South east U.S. Restricted Area—(1) Area. The Southeast U.S. Restricted Area con sists 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°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 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. Re stricted Area from 29°00′ N lat. north ward. (ii) Southeast U.S. Restricted Area S. The Southeast U.S. Restricted Area S consists of the Southeast U.S. Re stricted Area southward of 29°00′ N lat. (2) Restricted periods, closure, and ex emptions—(i) Restricted periods. The re stricted period for the Southeast U.S. Restricted Area N is from November 15 through April 15, and the restricted pe riod 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. Re stricted Area N during the restricted period is prohibited. (B) Except as provided under para graphs (f)(2)(iii) and (iv) of this section, fishing with gillnet in the Southeast U.S. Restricted Area S during the re stricted 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 sec tion 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 vis ibility 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 obser vation 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 imme diately 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 51 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.32 (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 re quests 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 per son may fish with such gillnet aboard that vessel in the Southeast U.S. Re stricted 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 Decem ber 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 47⁄8 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, in cluding any net in use, may be pos sessed at any one time; provided, how ever, 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 be gins 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 vis ibility 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 imme diately 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 uni versal anchored gillnet gear require ments specified in paragraph (d)(1) of this section, and the area-specific re quirements for anchored gillnets speci fied 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 simi lar 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. Fish ing with trap/pot gear in the Southeast U.S. Restricted Area N during the re stricted 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 max imum 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); 52 50 CFR Ch. II (10–1–23 Edition) § 229.32 (D) The entire buoy line must be free of objects (e.g., weights, floats, etc.) ex cept 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 § 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°00′ N lat. on the north (near Savannah, GA), 26°46.50′ N lat. on the south (near West Palm Beach, FL), 80°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°00′ N lat. from November 15 through April 15 or south of 29°00′ N lat. from December 1 through March 31 is al lowed if one of the following exemp tions applies: (i) Exemption for Southeastern U.S. At lantic 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 pos sessing 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°51′ N. (iii) Exemption for vessels in transit with gillnet aboard. Possession of gillnet gear aboard a vessel in transit is al lowed 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 an chors are disconnected from all gillnets. (h) Restrictions applicable to the South east U.S. Monitoring Area—(1) Area. The Southeast U.S. Monitoring Area con sists of the area from 27°51′ N lat. (near Sebastian Inlet, FL) south to 26°46.50′ N lat. (near West Palm Beach, FL), ex tending from the shoreline or exemp tion line out to 80°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 § 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 tran sit from December 1 through March 31 is allowed if: (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. In addition to any other emergency authority under the Marine Mammal Protection Act, the Endangered Species Act, the Magnu son-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 53 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.33 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 re vises the restricted period in accord ance with paragraph (i)(2) of this sec tion or unless other measures are im plemented under paragraph (i)(2) of this section. (2) Other special measures. The Assist ant Administrator may, in consulta tion with the Take Reduction Team, revise the requirements of this section through a publication in the FEDERAL REGISTER if: (i) NMFS verifies that certain gear characteristics are both operationally effective and reduce serious injuries and mortalities of endangered whales; (ii) New gear technology is developed and determined to be appropriate; (iii) Revised breaking strengths are determined to be appropriate; (iv) New marking systems are devel oped and determined to be appropriate; (v) NMFS determines that right whales are remaining longer than ex pected in a closed area or have left ear lier than expected; (vi) NMFS determines that the boundaries of a closed area are not ap propriate; (vii) Gear testing operations are con sidered appropriate; or (viii) Similar situations occur. [86 FR 52011, Sept. 17, 2021, as amended at 87 FR 11979, Mar. 3, 2022] § 229.33 Harbor Porpoise Take Reduc tion Plan Regulations—New Eng land. (a) Restrictions—(1) Northeast Closure Area—(i) Area restrictions. From August 15 through September 13, it is prohib ited to fish with, set, haul back, pos sess on board a vessel unless stowed in accordance with § 229.2, or fail to re move sink gillnet gear or gillnet gear capable of catching multispecies from the Northeast Closure Area. This re striction does not apply to vessels fish ing with a single pelagic gillnet (as de scribed and used as set forth in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Northeast Closure Area is bounded by straight lines connecting the following points in the order stated: 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—(i) Area restrictions. From September 15 through May 31, 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 Mid Coast Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This prohibition does not apply to vessels fishing with a sin gle pelagic gillnet (as described and used as set forth in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Mid-Coast Management Area is the area bounded by straight lines connecting the fol lowing points in the order stated: 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—(i) Area restrictions. From Novem ber 1 through February 28/29 and from April 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massa chusetts Bay Management Area, unless the gillnet gear is equipped with 54 50 CFR Ch. II (10–1–23 Edition) § 229.33 pingers in accordance with paragraphs (b) and (c) of this section. From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massa chusetts Bay Management Area. These restrictions do not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Massachu setts Bay Management Area is bounded by straight lines connecting the fol lowing points in the order stated: 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—(i) Area restrictions. From Novem ber 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Stellwagen Bank Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This restric tion does not apply to vessels fishing with a single pelagic gillnet (as de scribed in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Stellwagen Bank Management Area is bounded by straight lines connecting the following points in the order stated: 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—(i) Area restrictions. From Decem ber 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the South ern New England Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This prohibi tion does not apply to vessels fishing with a single pelagic gillnet (as de scribed in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Southern New England Management Area is bounded by straight lines connecting the following points in the order stat ed: 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 Bounded on the west by a line running from the Rhode Is land shoreline at 41°18.2′ N. lat. and 71°51.5′ W. long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point, Fishers Island, NY; and from Race Point, Fishers Island, NY; southeasterly to the intersection of the 3-nautical mile line east of Montauk Point; southwesterly along the 3 nautical mile line to the intersection of 72°30.0′ W. long. (6) Cape Cod South Closure Area—(i) Area restrictions. From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a ves sel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cape Cod South Closure Area. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Cape Cod South Closure Area is bounded by straight lines connecting the following points in the order stated: 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′ 55 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.33 CAPE COD SOUTH CLOSURE AREA—Continued Point N. Lat. W. Long. CCS5 ..................... 41°23.1′ ................. 70°30.0′ CCS6 ..................... 41°33.1′ ................. 70°30.0′ (MA shoreline) (7) Offshore Management Area—(i) Area restrictions. From November 1 through May 31, 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 Off shore Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This restriction does not apply to vessels fishing with a sin gle pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Offshore Management Area is bounded by straight lines connecting the following points in the order stated: 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 bound ary) OFS5 .................. 42°53.1′ ............. 67°44.5′ (EEZ bound ary) OFS6 .................. 42°47.3′ ............. 67°40.0′ (EEZ bound ary) 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—(i) Area restrictions. During the month of Feb ruary, 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 Cashes Ledge Closure Area. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title). (ii) Area boundaries. The Cashes Ledge Closure Area is bounded by straight lines connecting the following points in the order stated: 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—(1) Pinger specifications. For the purposes of this subpart, a pinger is an acoustic deterrent device which, when immersed in water, broad casts a 10 kHz (plus or minus 2 kHz) sound at 132 dB (plus or minus 4 dB) re 1 micropascal at 1 m, lasting 300 milli seconds (plus or minus 15 milliseconds), and repeating every 4 seconds (plus or minus 0.2 seconds). (2) Pinger attachment. An operating and functional pinger must be attached at each end of a string of gillnets and at the bridle of every net, or every 300 feet (91.4 m or 50 fathoms), whichever is closer. (c) Pinger training and authorization. The operator of a vessel may not 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 closed areas where pingers are required as specified under paragraph (b) of this section, un less the operator has satisfactorily re ceived pinger training and possesses and retains on board the vessel a valid pinger training authorization issued by NMFS. (d) [Reserved] (e) Research permits. An exemption to the requirements set forth in this sec tion may be acquired for the purposes of conducting scientific or gear re search within the restricted areas de scribed in this section. A scientific re search permit must be acquired through NMFS’s existing permit appli cation process, administered by NMFS. (f) Other special measures. The Assist ant Administrator may, after consulta tion with the Take Reduction Team, revise the requirements of this section through notification published in the FEDERAL REGISTER if: (1) NMFS determines that pinger op erating effectiveness in the commercial fishery is inadequate to reduce bycatch below the stock’s PBR level. 56 50 CFR Ch. II (10–1–23 Edition) § 229.34 (2) NMFS determines that the bound ary or timing of a closed area is inap propriate, or that gear modifications (including pingers) are not reducing by catch 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 Reduc tion Plan Regulations—Mid-Atlan tic. (a)(1) Regulated waters. The regula tions in this section apply to all waters in the Mid-Atlantic bounded on the east by 72°30′ W. long. at the southern coast of Long Island, NY at 40°50.1′ N. lat. and on the south by the NC/SC bor der (33°51.1′ N. lat.), except for the areas exempted in paragraph (a)(2) of this section. (2) Exempted waters. The regulations within this section are not applicable to waters landward of the first bridge over any embayment, harbor, or inlet, or to waters landward of the following lines: 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 Brigan tine 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 Pre venting Collisions at Sea, 1972), as de picted or noted on nautical charts pub lished 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 Pre venting Collisions at Sea, 1972), as de picted or noted on nautical charts pub lished 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 Pre venting Collisions at Sea, 1972), as de picted or noted on nautical charts pub lished by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (b) Restrictions—(1) Waters off New Jer sey Management Area. The Waters off New Jersey Management Area is bounded by straight lines connecting the following points in the order stat ed: 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. From April 1 through April 20, it is prohibited to fish with, set, haul back, possess on board a ves sel unless stowed in accordance with § 229.2, or fail to remove any large mesh gillnet gear from the Waters off New Jersey Management Area. (ii) Gear limitations and requirements— large mesh gillnet gear. From January 1 through April 30, except during April 1 through April 20, as described in para graph (b)(1)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in ac cordance with § 229.2, or fail to remove any large mesh gillnet gear in the Waters off New Jersey Management Area, unless the gear complies with the specified gear characteristics described in paragraphs (b)(1)(ii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Waters off New Jersey Management Area with large mesh gillnet gear on board, unless the gear complies with the specified gear characteristics de scribed in paragraphs (b)(1)(ii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to 57 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.34 comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 4,800 ft (1,463.0 m). (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.44 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel, or de ployed by the vessel, does not exceed 80. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 16. (F) Tie-down system. The gillnet gear is equipped with tie-downs spaced not more than 24 ft (7.3 m) apart along the floatline, and each tie-down is not more than 48 inches (18.90 cm) in length from the point where it connects to the floatline to the point where it connects to the lead line. (iii) Gear limitations and require ments—small mesh gillnet gear. From January 1 through April 30, no person may fish with, set, haul back, possess on board a vessel unless stowed in ac cordance with § 229.2, or fail to remove any small mesh gillnet gear in the Waters off New Jersey Management Area unless the gear complies with the specified gear characteristics described in paragraphs (b)(1)(iii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Waters off New Jersey Management Area with small mesh gillnet gear on board, unless the gear complies with the specified gear characteristics de scribed in paragraphs (b)(1)(iii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,000 ft (914.4 m) in length. (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 45. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 10. (F) Tie-down system. Tie-downs are prohibited. (2) Mudhole North Management Area. The Mudhole North Management Area is bounded by straight lines connecting the following points in the order stat ed: 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. From February 15 through March 15, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove any large or small mesh gillnet gear from the Mudhole North Management Area. In addition, from April 1 through April 20, 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 gillnet gear from the Mudhole North Management Area. (ii) Gear limitations and requirements— large mesh gillnet gear. From January 1 through April 30, except during Feb ruary 15 through March 15 and April 1 through April 20 as described in para graph (b)(2)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in ac cordance with § 229.2, or fail to remove any large mesh gillnet gear in the Mud hole North Management Area unless the gear complies with the specified gear characteristics described in para graphs (b)(2)(ii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Mudhole North Management Area with large mesh gillnet gear on board, unless the gear complies with the specified gear characteristics described in paragraphs 58 50 CFR Ch. II (10–1–23 Edition) § 229.34 (b)(2)(ii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear characteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,900 ft (1,188.7 m). (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.44 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 80. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 13. (F) Tie-down system. The gillnet gear is equipped with tie-downs spaced not more than 24 ft (7.3 m) apart along the floatline, and each tie-down is not more than 48 inches (18.90 cm) in length from the point where it connects to the floatline to the point where it connects to the lead line. (iii) Gear limitations and require ments—small mesh gillnet gear. From January 1 through April 30, except dur ing February 15 through March 15 as described in paragraph (b)(2)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove any small mesh gillnet gear in the Mudhole North Management Area unless the gear com plies with the specified gear character istics described in paragraphs (b)(2)(iii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Mudhole North Man agement Area with small mesh gillnet gear on board unless the gear complies with the specified gear characteristics described in paragraphs (b)(2)(iii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,000 ft (914.4 m) in length. (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 45. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 10. (F) Tie-down system. Tie-downs are prohibited. (3) Mudhole South Management Area. The Mudhole South Management Area is bounded by straight lines connecting the following points in the order stat ed: 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. From February 1 through March 15, it is prohibited to fish with, set, haul back, possess on board a ves sel unless stowed in accordance with § 229.2, or fail to remove any large or small mesh gillnet gear in the Mudhole South Management Area. In addition, from April 1 through April 20, it is pro hibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to re move any large mesh gillnet gear from the Mudhole South Management Area. (ii) Gear limitations and requirements— large mesh gillnet gear. From January 1 through April 30, except during Feb ruary 1 through March 15 and April 1 through April 20 as described in para graph (b)(3)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in ac cordance with § 229.2, or fail to remove any large mesh gillnet gear in the Mud hole South Management Area unless the gear complies with the specified gear characteristics described in para graphs (b)(3)(ii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Mudhole South Management Area with large mesh gillnet gear on board, unless the gear complies with the specified gear 59 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.34 characteristics described in paragraphs (b)(3)(ii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear characteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,900 ft (1,188.7 m). (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.44 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 80. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 13. (F) Tie-down system. The gillnet gear is equipped with tie-downs spaced not more than 24 ft (7.3 m) apart along the floatline, and each tie-down is not more than 48 inches (18.90 cm) in length from the point where it connects to the floatline to the point where it connects to the lead line. (iii) Gear limitations and require ments—small mesh gillnet gear. From January 1 through April 30 of each year, except during February 1 through March 15 as described in paragraph (b)(3)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove any small mesh gillnet gear in the Mudhole South Management Area unless the gear complies with the specified gear characteristics described in paragraphs (b)(3)(iii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Mudhole South Man agement Area with small mesh gillnet gear on board unless the gear complies with the specified gear characteristics described in paragraphs (b)(3)(iii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,000 ft (914.4 m) in length. (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 45. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 10. (F) Tie-down system. Tie-downs are prohibited. (4) Southern Mid-Atlantic Management Area. The Southern Mid-Atlantic Man agement Area is bounded by straight lines connecting the following points in the order stated: SOUTHERN MID-ATLANTIC MANAGEMENT AREA Point N. Lat. W. Long. SMA1 ................. 38°47.0′ ............. 75°05.0′ (DE shore line) SMA2 ................. 38°47.0′ ............. 72°30.0′ SMA3 ................. 33°51.1′ ............. 72°30.0′ SMA4 ................. 33°51.1′ ............. 78°32.5′ (NC/SC bor der) (i) Closures. From February 15 through March 15, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accord ance with § 229.2, or fail to remove any large mesh gillnet gear from the Southern Mid-Atlantic Management Area. (ii) Gear limitations and requirements— large mesh gillnet gear. From February 1 through April 30, except during Feb ruary 15 through March 15 as described in paragraph (b)(4)(i) of this section, no person may fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to re move any large mesh gillnet gear in the Southern Mid-Atlantic Manage ment Area unless the gear complies with the specified gear characteristics described in paragraphs (b)(4)(ii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Southern Mid-Atlantic Manage ment Area with large mesh gillnet gear on board, unless the gear complies with the specified gear characteristics de scribed in paragraphs (b)(4)(ii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to 60 50 CFR Ch. II (10–1–23 Edition) § 229.35 comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is not more than 3,900 ft (1,188.7 m) in length. (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 80. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 13. (F) Tie-down system. The gillnet gear is equipped with tie-downs spaced not more than 24 ft (7.3 m) apart along the floatline, and each tie-down is not more than 48 inches (18.90 cm) in length from the point where it connects to the floatline to the point where it connects to the lead line. (iii) Gear limitations and require ments—small mesh gillnet gear. From February 1 through April 30, no person may fish with, set, haul back, possess on board a vessel unless stowed in ac cordance with § 229.2, or fail to remove any small mesh gillnet gear in the Southern Mid-Atlantic Management Area unless the gear complies with the specified gear characteristics described in paragraphs (b)(4)(iii)(A) through (F) of this section. During this period, no vessel may enter or remain in the Southern Mid-Atlantic Management Area with small mesh gillnet gear on board, unless the gear complies with the specified gear characteristics de scribed in paragraphs (b)(4)(iii)(A) through (F) of this section, or is stowed in accordance with § 229.2. In order to comply with these specified gear char acteristics, the gear must have all the following characteristics: (A) Floatline length. The floatline is no longer than 2,118 ft (645.6 m). (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in diameter. (C) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length. (D) Number of nets. The total number of individual nets or net panels for a vessel, including all nets on board the vessel, hauled by the vessel or deployed by the vessel, does not exceed 45. (E) Number of nets per string. The total number of nets or net panels in a net string does not exceed 7. (F) Tie-down system. Tie-downs are prohibited. (c) Research permits. An exemption to the requirements set forth in this sec tion may be acquired for the purposes of conducting scientific or gear re search within the restricted areas de scribed in this section. A scientific re search permit must be acquired through NMFS’ existing permit appli cation process, administered by NMFS. (d) Other special measures. The Assist ant Administrator may revise the re quirements of this section through no tification published in the FEDERAL REGISTER if NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifica tions are not reducing bycatch to below the stock’s PBR level. [75 FR 7399, Feb. 19, 2010] § 229.35 Bottlenose Dolphin Take Re duction Plan. (a) Purpose and scope. The purpose of this section is to implement the Bottlenose Dolphin Take Reduction Plan (BDTRP) to reduce incidental mortality and serious injury of stra tegic stocks of bottlenose dolphins within the Western North Atlantic coastal morphotype in specific Cat egory I and II commercial fisheries from New Jersey through Florida. Spe cific Category I and II commercial fish eries within the scope of the BDTRP are indentified and updated in the an nual List of Fisheries. Gear restricted by this section includes small, me dium, and large mesh gillnets and pound nets. The geographic scope of the BDTRP is all tidal and marine waters within 6.5 nautical miles (12 km) of shore from the New York-New Jersey border southward to Cape Hat teras, North Carolina, and within 14.6 nautical miles (27 km) of shore from Cape Hatteras, southward to, and in cluding the east coast of Florida down to the fishery management council de marcation line between the Atlantic Ocean and the Gulf of Mexico (as de scribed in § 600.105 of this title). 61 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.35 (b) Definitions. In addition to the defi nitions contained in the Act, §§ 216.3 and 229.2 of this chapter, the terms de fined in this section shall have the fol lowing definitions, even if a contrary definition exists in the Act, § 216.3, or § 229.2: Beach means landward of and includ ing the mean low water line. Beach/water interface means the mean low water line. Bottlenose Dolphin Pound Net Regu lated Area means all Virginia marine waters of the Atlantic Ocean within 3 nautical miles (5.56 km) of shoreline and all adjacent tidal waters, bounded on the north by 38°01.6′ N. (Maryland/ Virginia border) and on the south by 36°33′ N (Virginia/North Carolina bor der); and all southern Virginia waters of the mainstem Chesapeake Bay bounded on the south and west by the Hampton Roads Bridge Tunnel across the James River and the Coleman Me morial Bridge across the York River; and north and east by the following points connected by straight lines in the order listed: Point Area description 1 ................ Where 37°19.0′ N. lat. meets the shoreline of the Severn River fork, near Stump Point, Vir ginia (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 means a gillnet constructed with a mesh size greater than or equal to 7–inches (17.8 cm) stretched mesh. Medium mesh gillnet means a gillnet constructed with a mesh size of greater than 5–inches (12.7 cm) to less than 7– inches (17.8 cm) stretched mesh. New Jersey, Delaware, and Maryland State waters means the area consisting of all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, bounded on the north by 40o 30′ N. (New York/New Jersey border at the coast) and on the south by 38o 01.6′ N. (Mary land/Virginia border at the coast). Night means any time between one hour after sunset and one hour prior to sunrise. Northern North Carolina State waters means the area consisting of all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, bounded on the north by 36° 33′ N. (Virginia/North Carolina border at the coast) and on the south by 34° 35.4′ N. (Cape Lookout, North Carolina). Northern Virginia State waters means the area consisting of all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, bounded on the north by 38° 01.6′ N. (Virginia/Maryland border at the coast) and on the south by 37° 07.23′ N. (Cape Charles Light on Smith Island in the Chesapeake Bay mouth). Small mesh gillnet means a gillnet constructed with a mesh size of less than or equal to 5–inches (12.7 cm) stretched mesh. South Carolina, Georgia, and Florida waters means the area consisting of all marine and tidal waters, within 14.6 nautical miles (27 km) of shore, bound ed on the north by a line extending in a direction of 135°34′55″ from true north from the North Carolina/South Caro lina border at 33°51′07.9″ N. and 78°32′32.6″ W., and on the south by the fishery management council demarca tion line between the Atlantic Ocean and the Gulf of Mexico (as described in § 600.105 of this title). Southern North Carolina State waters means the area consisting of all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, bounded on the north by 34°35.4′ N. (Cape Lookout, North Carolina), and on the south by a line extending in a direction of 135°34′55″ from true north from the North Carolina/South Carolina border at 33°51′07.9″ N. and 78°32′32.6″ W. Southern Virginia State waters means the area consisting of all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, bounded on the north by 37° 07.23′ N. (Cape Charles Light on Smith Island in the Chesa peake Bay mouth) and on the south by 36° 33′ N. (Virginia/North Carolina bor der at the coast). (c) BDTRP regulated waters—(1) Gillnets. The regulations pertaining to gillnets in this section apply to New Jersey, Delaware, and Maryland State waters; Northern North Carolina State waters; Northern Virginia State 62 50 CFR Ch. II (10–1–23 Edition) § 229.35 waters; South Carolina, Georgia, and Florida waters; Southern North Caro lina State waters; and Southern Vir ginia State waters as defined in § 229.35(b), except for the waters identi fied in § 229.34(a)(2), with the following modification and addition. From Chin coteague to Ship Shoal Inlet in Vir ginia (37° 52′ N. 75° 24.30′ W. to 37° 11.90′ N. 75° 48.30′ W) and South Carolina, Georgia, and Florida waters, those waters landward of the 72 COLREGS demarcation line (International Regu lations for Preventing Collisions at Sea, 1972), as depicted or noted on nau tical charts published by the National Oceanic and Atmospheric Administra tion (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80 are ex cluded from the regulations. (2) Pound nets. The regulations per taining to pound nets in this section apply to the Bottlenose Dolphin Pound Net Regulated Area. (d) Regional management measures—(1) New Jersey, Delaware, and Maryland State waters—(i) Medium and large mesh gillnets. From June 1 through October 31, in New Jersey, Delaware, and Mary land state waters, no person may fish with any medium or large mesh an chored gillnet gear at night unless such person remains within 0.5 nautical mile (0.93 km) of the closest portion of each gillnet and removes all such gear from the water and stows it on board the vessel before the vessel returns to port. (ii) [Reserved] (2) Virginia state waters—(i) Medium and large mesh gillnets. From June 1 through October 31, in Southern Vir ginia State waters and Northern Vir ginia State waters, no person may fish with any medium or large mesh an chored gillnet gear at night unless such person remains within 0.5 nautical mile (0.93 km) of the closest portion of each gillnet and removes all such gear from the water and stows it on board the vessel before the vessel returns to port. (ii) Pound nets. (A) Year-round, any offshore pound net in the Bottlenose Dolphin Pound Net Regulated Area must use a modified pound net leader. (B) Year-round, any nearshore and offshore pound nets set in the Bottlenose Dolphin Pound Net Regu lated Area must have all three contin uous 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, re moving, 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 certifi cate issued by NMFS. NMFS retains discretion to provide exemptions in limited circumstances where appro priate. Notice will be given by NMFS announcing the times and locations of modified pound net leader compliance training. (3) Southern Virginia State waters—(i) Large mesh gillnets. From November 1 through December 31, in Southern Vir ginia State waters, no person may fish with, possess on board a vessel unless stowed, or fail to remove from the water, any large mesh gillnet gear at night. (ii) [Reserved] (4) Northern North Carolina State waters—(i) Small mesh gillnets. From May 1 through October 31, in Northern North Carolina State waters, no person may fish with any small mesh gillnet gear longer than 1,000 feet (304.8 m). (ii) Medium mesh gillnets. From No vember 1 through April 30 of the fol lowing year, in Northern North Caro lina State waters, no person may fish with any medium mesh gillnet at night. (iii) Large mesh gillnets. (A) From April 15 through December 15, in Northern North Carolina State waters, no person may fish with any large mesh gillnet. (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—(i) Medium mesh gillnets. From November 1 through April 30 of the fol lowing year, in Southern North Caro lina State waters, no person may fish with any medium mesh gillnet at night. (ii) Large mesh gillnets. (A) From April 15 through December 15, in 63 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.36, Nt. Southern North Carolina State waters, no person may fish with any large mesh gillnet. (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 Flor ida waters—(i) Gillnets. Year-round, in South Carolina, Georgia, and Florida waters, no person may fish with any gillnet gear unless such person remains within 0.25 nautical miles (0.46 km) of the closest portion of the gillnet. Gear shall be removed from the water and stowed on board the vessel before the vessel returns to port. (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] § 229.36 Atlantic Pelagic Longline Take Reduction Plan (PLTRP). (a) Purpose and scope. The purpose of this section is to implement the PLTRP to reduce incidental mortality and serious injury of short-finned pilot whales in the Atlantic pelagic longline fishery off the U.S. East Coast, a com ponent of the Atlantic Ocean, Carib bean, Gulf of Mexico large pelagics longline fishery. The requirements in this section apply to the owner or oper ator of any vessel that has been issued or is required to be issued an Atlantic HMS tunas, swordfish, or shark permit (under 50 CFR 635.4) and that has on board pelagic longline gear (as defined at 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 Mexico (as defined in 50 CFR 600.105(c)). (b) Definitions. In addition to the definitions contained in the MMPA and §§ 216.3 and 229.2 of this chapter, the fol lowing definitions apply. (1) Active gear means mainline in the water with gangions (as defined in 50 CFR 635.2) or hooks attached. (2) Mid-Atlantic Bight means the area bounded by rhumb lines connecting the following points: 43° N 77° W; 43° N 71° W; 35° N 71° W; 35° N 77° W; and 43° N 77° W. (c) Marine Mammal Handling and Re lease Placard. The placard, ‘‘Marine Mammal Handling/Release Guidelines: A Quick Reference for Atlantic Pelagic Longline Gear,’’ must be kept posted inside the wheelhouse and on the work ing deck. You may contact the NMFS Southeast Regional Office at (727) 824– 5312 to request additional copies of the placard. (d) [Reserved] (e) Mainline gear restrictions. Vessels operating in the portion of the Mid-At lantic Bight in the EEZ (as defined in 50 CFR 600.10) may not deploy pelagic longline gear unless the gear meets the following mainline specifications: (1) Mainline setting. There can only be one piece of mainline in the water at any time. If the gear breaks or parts after setting, the vessel owner or oper ator must make every effort to remove the additional portions of the gear as soon as possible. (2) Mainline length. Mainline length cannot exceed 32 nmi. (3) Active gear. There can be no more than 30 nmi of active gear. (4) Maximum active gear length. A sec tion of active gear cannot exceed 20 nmi. (5) Gaps. Between any two parts of active gear, there must be a gap of at least 1 nmi. [74 FR 23358, May 19, 2009, as amended at 88 FR 36972, June 6, 2023] EFFECTIVE DATE NOTE: At 88 FR 36972, June 6, 2023, § 229.36 was amended by adding para graph (d), effective July 8, 2024. For the con venience of the user, the added text is set forth as follows: § 229.36 Atlantic Pelagic Longline Take Re duction Plan (PLTRP). * * * * * (d) Hook and gangion requirements. Vessels operating 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 Mexico (as defined in 50 CFR 600.105(c)) can only possess, use, and deploy hooks and gangions that meet the following specifications: (1) Hooks. The hook shank must be con structed of corrodible round wire stock that can be measured with a caliper or other ap propriate gauge and meet the following spec ifications: (i) A 16/0 circle hook must not exceed 4.05 mm (0.159 in) in diameter and straighten 64 50 CFR Ch. II (10–1–23 Edition) § 229.37 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. Any gangion (as defined in § 635.2 of this title), must meet all of the fol lowing specifications: (i) Made of monofilament nylon. No other line material (e.g., wire) may be used; how ever, crimps and chafing gear are allowed. (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. If pelagic longline gear is appropriately stowed, a vessel may transit through the EEZ of the Atlantic Ocean east of the line of demarcation be tween the Atlantic Ocean and the Gulf of Mexico (as defined in 50 CFR 600.105(c)) with out meeting the gear requirements specified in this paragraph. For the purpose of this paragraph, transit means non-stop progres sion through an area without any fishing ac tivity occurring. Longline gear is stowed ap propriately if all gangions and hooks are dis connected from the mainline and are stowed on or below deck, hooks are not baited, and all buoys and weights are disconnected from the mainline and drum (buoys may remain on deck). (4) Exception for research. No person may possess, use, or deploy hooks other than what is described in this section unless they have a written letter of authorization on board from the Southeast Regional Adminis trator to conduct scientific or gear research for reducing bycatch in the pelagic longline fishery. In order to obtain a written letter of authorization, the research must be con sistent with the regulations at 50 CFR part 635 and be designed to: (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 At lantic pelagic longline fishery. * * * * * § 229.37 False Killer Whale Take Re duction Plan. (a) Purpose and scope. The purpose of this section is to implement the False Killer Whale Take Reduction Plan to reduce mortality and serious injury of the Hawaii Pelagic and Hawaii Insular stocks of false killer whales in the Ha waii-based deep-set and shallow-set pe lagic longline fisheries. The require ments in this section apply to vessel owners and operators, and vessels reg istered for use with Hawaii longline limited access permits issued under § 665.801(b) of this title. (b) Definitions. In addition to the defi nitions contained in § 229.2, terms in this section have the following mean ings: (1) Deep-set or Deep-setting has the same meaning as the definition at § 665.800 of this title. (2) Longline gear has the same mean ing as the definition at § 665.800 of this title. (c) Gear requirements. (1) While deep setting, the owner and operator of a vessel registered for use under a Hawaii longline limited access permit must use only hooks meeting the following specifications: (i) Circle hook with hook shank con taining round wire that can be meas ured with a caliper or other appro priate 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 op erators 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. (1) Main Hawaiian Islands Longline Fish ing Prohibited Area. Longline fishing is prohibited in the portion of the EEZ around Hawaii bounded by straight lines connecting the following coordi nated in the order listed: 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′ 65 Nat’l Marine Fish. Serv./NOAA, Comm. § 229.37 Point N. lat. W. long. 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 out lined 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 Na tional Monument and the Main Hawai ian Islands Longline Fishing Prohib ited Area on the north, and the EEZ boundary on the south. (e) Southern Exclusion Zone trigger and procedures. (1) The Assistant Adminis trator will publish in the FEDERAL REGISTER the expected observer cov erage for a fishing year, the potential biological removal level for the Hawaii Pelagic stock of false killer whales, and the associated trigger calculated using the specifications in paragraph (e)(2) of this section. This trigger will remain in effect until superseded by publication of a revised trigger. (2) As used in this section, trigger means the number of observed false killer whale mortalities or serious in juries in the deep-set longline fishery that occur in the EEZ around Hawaii, and that serves as the bycatch thresh old for closing the Southern Exclusion Zone to deep-set longline fishing. The trigger is calculated as the larger of these two values: (i) Two; or (ii) The smallest number of observed false killer whale mortalities or seri ous injuries that, when extrapolated based on the percentage observer cov erage in the deep-set longline fishery for that year, exceeds the Hawaii Pe lagic false killer whale stock’s poten tial biological removal level. (3) Unless otherwise subject to para graph (e)(4) of this section, if there is an observed false killer whale mor tality or serious injury in the EEZ around Hawaii on a declared deep-set longline trip that meets the estab lished 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 Ex clusion Zone in accordance with para graph (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 im mediately convene the False Killer Whale Take Reduction Team. (5) If in the subsequent calendar year following closure of the Southern Ex clusion Zone in accordance with para graph (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 re opened 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 para graphs (e)(1) through (e)(5) of this sec tion, the Assistant Administrator will provide notice to Hawaii longline per mit holders and the False Killer Whale Take Reduction Team, publish a notice in the FEDERAL REGISTER, and post in formation on the NMFS Pacific Islands Regional Office web site. The notice will announce that the fishery will be closed beginning at a specified date, which is not earlier than 7 days and not later than 15 days, after the date of fil ing the closure notice for public inspec tion at the Office of the Federal Reg ister. (7) Reopening criteria. If the Southern Exclusion Zone is closed pursuant to the procedure in paragraphs (e)(1) through (e)(6) of this section, the As sistant Administrator would reopen the Southern Exclusion Zone if one or more of the follow criteria were met: (i) The Assistant Administrator de termines, upon consideration of the False Killer Whale Take Reduction Team’s recommendations and evalua tion 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 Ex clusion Zone closure, the deep-set 66 50 CFR Ch. II (10–1–23 Edition) § 229.37 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 inci dental mortality and serious injury (in cluding the EEZ around Hawaii, the high seas, and the EEZ around John ston 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 Pe lagic false killer whale stock’s poten tial 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 war ranted pursuant to the procedures in paragraph (e)(7) of this section, the As sistant Administrator will provide no tice to Hawaii longline permit holders and the False Killer Whale Take Re duction Team, publish a notice in the FEDERAL REGISTER, and post informa tion on the NMFS Pacific Islands Re gional Office web site. The notice will announce that the fishery will be re opened beginning at a specified date, which is not earlier than 7 days and not later than 15 days, after the date of fil ing the closure notice for public inspec tion at the Office of the Federal Reg ister. (f) Marine mammal handling and re lease. (1) Each year, both the owner and the operator of a vessel registered for use with a longline permit issued under § 665.801 of this title must attend and be certified for completion of a workshop conducted by NMFS on interaction mitigation techniques for sea turtles, seabirds, and marine mammals, as re quired under § 665.814 of this title. (2) Longline vessel operators (cap tains) must supervise and be in visual and/or verbal contact with the crew during any handling or release of ma rine 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 in structing vessel crew to notify the cap tain 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] 67 Nat’l Marine Fish. Serv./NOAA, Comm. Pt. 229, Fig. 1 FIGURE 1 TO PART 229—DRIFT GILLNET PINGER CONFIGURATION AND EXTENDER REQUIREMENTS [64 FR 3434, Jan. 22, 1999]