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(continued) this section.
(2) Gear marking requirements. From November 15 through March 31 of the following year, no person may fish with gillnet gear in the southeast U.S. observer area unless that gear is marked according to the gear marking code specified under paragraph (b) of this section. All buoy lines must be marked within 2 ft (0.6 m) of the top of the buoy line and midway along the length of the buoy line. From November 15, 1999, each net panel must be marked along both the float line and the lead line at least once every 100 yards (92.4 m).
(3) Observer requirement. No person may fish with shark gillnet gear in the southeast U.S. observer area from November 15 through March 31 of the following year unless the operator of the vessel calls the SE Regional Office in St. Petersburg, FL not less than 48 hours prior to departing on any fishing trip in order to arrange for observer coverage. If the Regional Office requests that an observer be taken on board a vessel during a fishing trip at any time from November 15 through March 31 of the following year, no person may fish with shark gillnet gear aboard that vessel in the southeast U.S. observer area unless an observer is on board that vessel during the trip.
(4) Restricted period, closure and restrictions, and exemption. (i) Restricted period. The restricted period for the southeast U.S. restricted area is from November 15 through March 31 of the following year, unless the Assistant Administrator revises this restricted period in accordance with paragraph (g) of this section.
(ii) Closure for shark gillnet gear. Except as provided under paragraph (f)(4)(iv) of this section, no person may fish with shark gillnet gear in the southeast U.S. restricted area during the restricted period.
(iii) Restrictions for straight sets. Except as provided for shark gillnet gear under paragraph (f)(4)(iv) of this section, no person may fish with a straight set of gillnet gear at night in the southeast U.S. restricted area during the restricted period. A straight set is defined as a set in which the gillnet is placed in a line in the water column, as opposed to a circular set in which the gillnet is placed to encircle an area in the water column.
(iv) Special provision for strikenets. Fishing for sharks with strikenet gear is exempt from the restrictions under paragraphs (f)(4)(ii) and (f)(4)(iii) of this section if:
(A) No nets are set at night or when visibility is less than 500 yards (460m);
(B) Each set is made under the observation of a spotter plane;
(C) No net is set within 3 nautical miles of a right, humpback or fin whale; and
(D) If a right, humpback or fin whale moves within 3 nautical miles of the set gear, the gear is removed immediately from the water.
(g) Other provisions. In addition to any other emergency authority under the Marine Mammal Protection Act, the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, or other appropriate authority, the Assistant administrator may take action under this section in the following situations:
(1) Entanglements in critical habitat. If a serious injury or mortality of a right whale occurs in the Cape Cod Bay critical habitat from January 1 through May 15, in the Great South Channel Restricted Area from April 1 through June 30, or in the Southeast U.S. Restricted Area from November 15 through March 31 as a result of an entanglement by lobster or gillnet gear allowed to be used in those areas and times, the Assistant Administrator shall close that area to that gear type for the rest of that time period and for that same time period in each subsequent year, unless the Assistant Administrator revises the restricted period in accordance with paragraph (g)(2) of this section or unless other measures are implemented under paragraph (g)(2).
(2) Other special measures. The Assistant Administrator may 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 developed and determined to be appropriate;
(v) NMFS determines that right whales are remaining longer than expected in a closed area or have left earlier than expected;
(vi) NMFS determines that the boundaries of a closed area are not appropriate;
(vii) Gear testing operations are considered appropriate; or
(viii) Similar situations occur.
(3) For the purpose of reducing the risk of fishery interactions with right whales, NMFS may establish a temporary Dynamic Area Management (DAM) zone in the following manner:
(i) Trigger. Upon receipt of a single reliable report from a qualified individual of three or more right whales within an area NMFS will plot each individual sighting (event) and draw a circle with a 2.8 nm (5.2 km) radius around it, which will be adjusted for the number of right whales sighted such that a density of at least 0.04 right whales per nm2 (1.85 km2) is maintained within the circle. If any circle or group of contiguous circles includes 3 or more right whales, NMFS would consider this core area and its surrounding waters a candidate DAM zone.
(ii) DAM zone. Areas for consideration for DAM zones are limited to areas north of 40o N latitude. Having identified any circle or group of contiguous circles including 3 or more right whales as candidates for protection, as identified in paragraph (g)(3)(i) of this section, NMFS will determine the extent of the DAM zone as follows:
(A) A larger circular zone will be drawn to extend 15 nm (27.8 km) from the perimeter of a circle around each core area.
(B) The DAM zone will then be defined by a polygon drawn outside but tangential to the circular buffer zone(s). The latitudinal and longitudinal coordinates of the corners of the polygon will then be identified.
(iii) Requirements and prohibitions within DAM zones. Notice of specific area restrictions will be published in the Federal Register and will become effective 2 days after publication. Gear not in compliance with the imposed restrictions may not be set in the DAM zone after the effective date. NMFS may:
(A) Require owners of gillnet and lobster gear set within the DAM zone to remove all such gear within 2 days after notice is published in the Federal Register,
(B) Allow fishing within a DAM zone with anchored gillnet and lobster trap gear, provided such gear satisfies the requirements specified in paragraphs (g)(4)(i)(B)(1) and (g)(4)(i)(B)(2) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. These requirements are in addition to requirements found in §229.32 (b) through (d) but supersede them when the requirements in paragraphs (g)(4)(i)(B)(1) and (g)(4)(i)(B)(2) of this section, with the exception that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone, are more restrictive than those in §229.32 (b) through (d). Requirements for anchored gillnet gear in Other Northeast Gillnet Waters are as specified in paragraphs (g)(4)(i)(B)(1) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. Requirements for lobster trap gear in Offshore Lobster Waters, Northern Nearshore Lobster Waters and Northern Inshore State Lobster Waters are as specified in paragraph (g)(4)(i)(B)(2) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. Requirements for anchored gillnet gear in Cape Cod Bay Restricted Area (May 16 through December 31), Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet Area (July 1 through March 31), Great South Channel Sliver Restricted Area (July 1 through March 31), and Mid-Atlantic Coastal Waters are the same as requirements for Other Northeast Gillnet Waters. Requirements for lobster trap gear in Southern Nearshore Lobster Waters, Cape Cod Bay Restricted Area (May 16 through December 31) and Stellwagen Bank/Jeffreys Ledge Restricted Area are the same as requirements for Northern Nearshore Lobster Waters and Northern Inshore State Lobster Waters. Requirements for lobster trap gear in the Great South Channel Restricted Lobster Area (July 1 through March 31) are the same as requirements for Offshore Lobster Waters.
(C) Issue an alert to fishermen using appropriate media to inform them of the fact that right whale density in a certain area has triggered a DAM zone. In the alert, NMFS will provide detailed information on the location of the DAM zone and the number of animals sighted within it. Furthermore, NMFS will request that fishermen voluntarily remove lobster trap and anchored gillnet gear from the DAM zone and ask that no additional gear be set inside it for 15 days or until NMFS rescinds the alert.
(D) The determination of whether restrictions will be imposed within a DAM zone would be based on NMFS' review of a variety of factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data.
(iv) Restricted period. Any DAM zone will remain in effect for a minimum period of 15 days. At the conclusion of the 15-day period, the DAM zone will expire automatically unless it is extended by subsequent publication in the Federal Register.
(v) Extensions of the restricted period. Any 15-day period may be extended if NMFS determines that the trigger established in paragraph (g)(3)(i) of this section continues to be met.
(vi) Reopening of restricted zone. NMFS may remove any gear restriction or prohibition and reopen the DAM zone prior to its automatic expiration if there are no confirmed sightings of right whales for at least 1 week, or other credible evidence indicates that right whales have left the DAM zone. NMFS will notify the public of the reopening of a DAM zone prior to the expiration of the 15-day period by issuing a document in the Federal Register and through other appropriate media.
(4) Seasonal Area Management (SAM) Program. In addition to existing requirements for vessels deploying anchored gillnet or lobster trap gear in the Other Northeast Gillnet Waters, Northern Inshore State Lobster Waters, Northern Nearshore Lobster Waters, and Offshore Lobster Waters found at §229.32 (b) – (d), a vessel may fish in the SAM Areas as described in paragraphs (g)(4)(i)(A) and (g)(4)(ii)(A) of this section, which overlay the previously mentioned areas, provided the vessel complies with the gear requirements specified in paragraphs (g)(4)(i)(B) and (g)(4)(ii)(B) of this section during the times specified in those paragraphs. The gear requirements in (g)(4)(i)(B) and (g)(4)(ii)(B) supercede requirements found at §229.32 (b) - (d) when the former are more restrictive than the latter. Copies of a chart depicting these areas are available from the Regional Administrator upon request.
(i) SAM West. (A) Area. SAM West consists of all waters bounded by straight lines connecting the following points in the order stated:
SAM West
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Point N. Lat. W. Long.
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SAM1............................. 42°04.8[min].. 70°10[min]
SAM2............................. 42°12[min].... 70°15[min]
SAM3............................. 42°30[min].... 70°15[min]
SAM4............................. 42°30[min].... 69°24[min]
SAM5............................. 41°48.9[min].. 69°24[min]
SAM6............................. 41°45[min].... 69°33[min]
SAM7............................. 41°45[min].... 69°55.8[min]
------------------------------------------------------------------------
(B) Gear requirements. Unless otherwise authorized by the Assistant Administrator for Fisheries, NMFS, in accordance with paragraph (g)(2) of this section, from March 1 through April 30, no person may fish with anchored gillnet or lobster trap gear in SAM West unless that person's gear complies with the following gear characteristics:
(1) Anchored gillnet gear. (i) Ground lines and Buoy lines—All ground lines and buoy lines must be made entirely of sinking or neutrally buoyant line. Floating ground lines and buoy lines are prohibited.
(ii) Buoy weak links—All buoy lines are attached to the buoy with a weak link having a maximum breaking strength of up to 1,100 lb (498.9 kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator.
(iii) Net panel weak link—Each net panel must have a total of five weak links. The breaking strength of each of these weak links must not exceed 1,100 lb (498.9 kg). The weak link requirements apply to all variations in panel size. Three of the five weak links must be located on the floatline. One floatline weak link must be placed at the center of the net panel, and two weak links must be placed as close as possible to each of the bridle ends of the net panel. The remaining two of the five weak links must be placed in the center of each of the up and down lines at either end of each panel.
(iv) Buoy line—No more than one buoy line per net string may be used, and it must be deployed at the northern or western end of the gillnet string depending on the direction of the set.
(v) Gillnet anchor—All anchored gillnets, regardless of the number of net panels, must be securely anchored with a holding power of at least a 22 lb (9.9 kg) Danforth-style anchor at each end of the net string.
(2) Lobster Trap gear. (i) Ground lines and Buoy lines—All ground lines and buoy lines must be made entirely of sinking or neutrally buoyant line. Floating ground lines and buoy lines are prohibited.
(ii) Northern Inshore State Lobster Waters and Northern Nearshore Lobster Waters Areas buoy weak links—All buoy lines must be attached to the buoy with a weak link having a maximum breaking strength of up to 600–lb (272.4–kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator for Fisheries.
(iii) Offshore Lobster Waters Area buoy weak links—All buoy lines must be attached to the buoy with a weak link having a maximum breaking strength of up to 1,500 lb (680.4 kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator.
(iv) Buoy line—No more than one buoy line per trawl is allowed. The buoy line must be attached to the northern or western end of the trawl string depending on the direction of the set. These requirements supersede the requirements found at §697.21, which require one radar reflector at each end of a trawl with more than three traps.
(ii) SAM East. (A) Area. SAM East consists of all waters bounded by straight lines connecting the following points in the order stated:
SAM EAST
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Point N. Lat. W. Long.
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SAM5............................. 41°48.9[min].. 69°24[min]
SAM4............................. 42°30[min].... 69°24[min]
SAM8............................. 42°30[min].... 67°26[min]
SAM9............................. 41°45[min].... 66°50[min]
SAM10............................ 41°45[min].... 68°17[min]
SAM11............................ 42°10[min].... 68°31[min]
------------------------------------------------------------------------
(B) Gear requirements. Unless otherwise authorized by the Assistant Administrator for Fisheries, NMFS, in accordance with paragraph (g)(2) of this section, from May 1 through July 31, no person may fish with anchored gillnet or lobster trap gear in SAM East unless that person's gear complies with the gear characteristics found at paragraph (g)(4)(i)(B) of this section.
Note to §229.32: Additional regulations that affect fishing with lobster trap gear have also been issued under authority of the Atlantic Coastal Fisheries Cooperative Management Act in part 697 of this title.
[64 FR 7552, Feb. 16, 1999, as amended at 65 FR 70317, Nov. 22, 2000; 65 FR 80377, Dec. 21, 2000; 67 FR 1141, 1159, Jan. 9, 2002; 67 FR 1313, Jan. 10, 2002; 67 FR 15494, Apr. 2, 2002; 67 FR 59477, Sept. 23, 2002; 67 FR 65727, Oct. 28, 2002; 68 FR 19465, Apr. 21, 2003; 68 FR 51200, Aug. 26, 2003]
§ 229.33 Harbor Porpoise Take Reduction Plan Implementing Regulations—Gulf of Maine.
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(a) Restrictions—(1) Northeast Closure Area. From August 15 through September 13 of each fishing year, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies, from Northeast Closure Area. This prohibition does not apply to a single pelagic gillnet (as described and used as set forth in §648.81(f)(2)(ii) of this title). The Northeast Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Northeast Closure Area
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Point N. Lat. W. Long.
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NE1 (\1\) 68°55.0[min]
NE2 43°29.6[min] 68°55.0[min]
NE3 44°04.4[min] 67°48.7[min]
NE4 44°06.9[min] 67°52.8[min]
NE5 44°31.2[min] 67°02.7[min]
NE6 (\1\) 67°02.7[min]
------------------------------------------------------------------------
\1\ Maine shoreline.
(2) Mid-coast Closure Area. From September 15 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies. This prohibition does not apply to a single pelagic gillnet (as described and used as set forth in §648.81(f)(2)(ii) of this title). The Mid-Coast Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Mid-Coast Closure Area
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Point N. Lat. W. Long.
------------------------------------------------------------------------
MC1 42°30[min] (\1\)
MC2 42°30[min] 70°15[min]
MC3 42°40[min] 70°15[min]
MC4 42°40[min] 70°00[min]
MC5 43°00[min] 70°00[min]
MC6 43°00[min] 69°30[min]
MC7 43°30[min] 69°30[min]
MC8 43°30[min] 69°00[min]
MC9 (\2\) 69°00[min]
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\1\ Massachusetts shoreline.
\2\ Maine shoreline.
(3) Massachusetts Bay Closure Area. From December 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massachusetts Bay Closure Area, except with the use of pingers as provided in paragraph (d)(2) of this section. This prohibition does not apply to a single pelagic gillnet (as described in §648.81(f)(2)(ii) of this title). The Massachusetts Bay Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Massachusetts Bay Closure Area
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Point N. Lat. W. Long.
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MB1 42°30[min] (\1\)
MB2 42°30[min] 70°30[min]
MB3 42°12[min] 70°30[min]
MB4 42°12[min] 70°00[min]
MB5 (\2\) 70°00[min]
MB6 42°00[min] (\2\)
MC7 42°00[min] (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline.
(4) Cape Cod South Closure Area. From December 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from Cape Cod South Closure Area, except with the use of pingers as provided in paragraph (d)(3) of this section. This prohibition does not apply to a single pelagic gillnet (as described in §648.81(f)(2)(ii) of this title). The Cape Cod South Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Cape Cod South Closure Area
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Point N. Lat. W. Long.
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CCS1 (\1\) 71°45[min]
CCS2 40°40[min] 71°45[min]
CCS3 40°40[min] 70°30[min]
CCS4 (\2\) 70°30[min]
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\1\ Rhode Island shoreline.
\2\ Massachusetts shoreline.
(5) Offshore Closure Area. From November 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from Offshore Closure Area, except for the use of pingers as provided in §229.33(d)(4). This prohibition does not apply to a single pelagic gillnet (as described in §648.81(f)(2)(ii) of this title). The Offshore Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Offshore Closure Area
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Point N. Lat. W. Long.
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OFS1 42°50[min] 69°30[min]
OFS2 43°10[min] 69°10[min]
OFS3 43°10[min] 67°40[min]
OFS4 42°10[min] 67°40[min]
OFS5 42°10[min] 69°30[min]
OFS6 42°50[min] 69°30[min]
------------------------------------------------------------------------
(6) Cashes Ledge Closure Area. For the month of February of each fishing year, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cashes Ledge Closure Area. This prohibition does not apply to a single pelagic gillnet (as described in §648.81(f)(2)(ii) of this title). The Cashes Ledge Closure Area is the area bounded by straight lines connecting the following points in the order stated:
Cashes Ledge Closure Area
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Point N. Lat. W. Long.
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CL1 42°30[min] 69°00[min]
CL2 42°30[min] 68°30[min]
CL3 43°00[min] 68°30[min]
CL4 43°00[min] 69°00[min]
CL5 42°30[min] 69°00[min]
------------------------------------------------------------------------
(b) Pingers—(1) Pinger specifications. For the purposes of this subpart, a pinger is an acoustic deterrent device which, when immersed in water, broadcasts a 10 kHz (±2 kHz) sound at 132 dB (±4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds (±15 milliseconds), and repeating every 4 seconds (±.2 seconds).
(2) Pinger attachment. An operating and functional pinger must be attached at the end of each string of the gillnets and at the bridle of every net within a string of nets.
(c) Pinger training and certification. Beginning on January 1, 1999, the operator of a vessel may not fish with, set or haul back sink gillnets or gillnet gear, or allow such gear to be in closed areas where pingers are required as specified under paragraph (b) of this section, unless the operator has satisfactorily completed the pinger certification training program and possesses on board the vessel a valid pinger training certificate issued by NMFS. Notice will be given announcing the times and locations of pinger certification training programs.
(d) Use of pingers in closed areas—(1) Vessels, subject to the restrictions and regulations specified in paragraph (a)(2) of this section, may fish in the Mid-coast Closure Area from September 15 through May 31 of each fishing year, provided that pingers are used in accordance with the requirements of paragraphs (b) (1) and (2) of this section.
(2) Vessels, subject to the restrictions and regulations specified in paragraph (a)(3) of this section, may fish in the Massachusetts Bay Closure Area from December 1 through the last day of February and from April 1 through May 31 of each fishing year, provided that pingers are used in accordance with the requirements of paragraphs (b) (1) and (2) of this section.
(3) Vessels, subject to the restrictions and regulations specified in paragraph (a)(4) of this section, may fish in the Cape Cod South Closure Area from December 1 through the last day of February and from April 1 through May 31 of each fishing year, provided that pingers are used in accordance with the requirements of paragraphs (b) (1) and (2) of this section.
(4) Vessels, subject to the restrictions and regulations specified in paragraph (a)(5) of this section, may fish in the Offshore Closure Area from November 1 through May 31 of each fishing year, with the exception of the Cashes Ledge Closure Area. From February 1 through the end of February, the area within the Offshore Closure Area defined as “Cashes Ledge” is closed to all fishing with sink gillnets. Vessels subject to the restrictions and regulation specified in paragraph (a)(5) of this section may fish in the Offshore Closure Area outside the Cashes Ledge Area from February 1 through the end of February provided that pingers are used in accordance with the requirements of paragraphs (b) (1) and (2) of this section.
(e) Other special measures. The Assistant Administrator may revise the requirements of this section through notification published in the Federal Register if:
(1) After plan implementation, NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch to the PBR level with the current plan.
(2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level.
[63 FR 66487, Dec. 2, 1998; 63 FR 71042, Dec. 23, 1998]
§ 229.34 Harbor Porpoise Take Reduction Plan—Mid-Atlantic.
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(a)(1) Regulated waters. The regulations in this section apply to all waters in the Mid-Atlantic bounded on the east by 72°30' W. longitude and on the south by the North Carolina/South Carolina border (33°51' N. latitude), except for the areas exempted in paragraph (a)(2) of this section.
(2) Exempted waters. All waters landward of the first bridge over any embayment, harbor, or inlet will be exempted. The regulations in this section do not apply 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 Brigantine Inlet)
38°56.20' N 74°51.70' W TO 38°56.20' N 74°51.90' W (Cape May Inlet)
All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (Delaware Bay)
Maryland/Virginia
38°19.48' N 75°05.10' W TO 38°19.35' N 75°05.25' W (Ocean City Inlet)
37°52.' N 75°24.30' W TO 37°11.90' N 75°48.30' W (Chincoteague to Ship Shoal Inlet)
37°11.10' N 75°49.30' W TO 37°10.65' N 75°49.60' W (Little Inlet)
37°07.00' N 75°53.75' W TO 37°05.30' N 75°56.' W (Smith Island Inlet)
North Carolina
All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80.
(b) Closures—(1) New Jersey waters. From April 1 through April 20, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any large mesh gillnet gear from the waters off New Jersey.
(2) Mudhole. From February 15 through March 15, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any large mesh or small mesh gillnet gear from the waters off New Jersey known as the Mudhole.
(3) Southern Mid-Atlantic waters. From February 15 through March 15, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any large mesh gillnet gear from the southern Mid-Atlantic waters.
(c) Gear requirements and limitations—(1) Waters off New Jersey—large mesh gear requirements and limitations. From January 1 through April 30 of each year, no person may fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any large mesh gillnet gear in waters off New Jersey, unless the gear complies with the specified gear characteristics. During this period, no person who owns or operates the vessel may allow the vessel to enter or remain in waters off New Jersey with large mesh gillnet gear on board, unless the gear complies with the specified gear characteristics or unless the gear is stowed. In order to comply with these specified gear characteristics, the gear must have all the following characteristics:
(i) Floatline length. The floatline is no longer than 4,800 ft (1,463.0 m), and, if the gear is used in the Mudhole, the floatline is no longer than 3,900 ft (1,188.7 m).
(ii) Twine size. The twine is at least 0.04 inches (0.090 cm) in diameter.
(iii) Size of nets. Individual nets or net panels are not more than 300 ft (91.44 m, or 50 fathoms), in length.
(iv) 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.
(v) Tie-down system. The gillnet is equipped with tie-downs spaced not more than 15 ft (4.6 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.
(vi) Tagging requirements. Beginning January 1, 2000, the gillnet is equipped with one tag per net, with one tag secured to each bridle of every net within a string of nets.
(2) Waters off New Jersey—small mesh gillnet gear requirements and limitations. From January 1 through April 30 of each year, no person may fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any small mesh gillnet gear in waters off New Jersey, unless the gear complies with the specified gear characteristics. During this period, no person who owns or operates the vessel may allow the vessel to enter or remain in waters off New Jersey with small mesh gillnet gear on board, unless the gear complies with the specified gear characteristics or unless the gear is stowed. In order to comply with these specified gear characteristics, the gear must have all the following characteristics:
(i) Floatline length. The floatline is less than 3,000 ft (914.4 m).
(ii) Twine size. The twine is at least 0.031 inches (0.081 cm) in diameter.
(iii) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length.
(iv) 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.
(v) Tie-down system. Tie-downs are prohibited.
(vi) Tagging requirements. Beginning January 1, 2000, the gillnet is equipped with one tag per net, with one tag secured to each bridle of every net within a string of nets.
(3) Southern Mid-Atlantic waters—large mesh gear requirements and limitations. From February 1 through April 30 of each year, no person may fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any large mesh gillnet gear in Southern Mid-Atlantic waters, unless the gear complies with the specified gear characteristics. During this period, no person who owns or operates the vessel may allow the vessel to enter or remain in Southern Mid-Atlantic waters with large mesh sink gillnet gear on board, unless the gear complies with the specified gear characteristics or unless the gear is stowed. In order to comply with these specified gear characteristics, the gear must have all the following characteristics:
(i) Floatline length. The floatline is no longer than 3,900 ft (1,188.7 m).
(ii) Twine size. The twine is at least 0.04 inches (0.090 cm) in diameter.
(iii) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length.
(iv) 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.
(v) Tie-down system. The gillnet is equipped with tie-downs spaced not more than 15 ft (4.6 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.
(vi) Tagging requirements. Beginning January 1, 2000, the gillnet is equipped with one tag per net, with one tag secured to each bridle of every net within a string of nets.
(4) Southern Mid-Atlantic waters—small mesh gillnet gear requirements and limitations. From February 1 through April 30 of each year, no person may fish with, set, haul back, possess on board a vessel unless stowed, or fail to remove any small mesh gillnet gear in waters off New Jersey, unless the gear complies with the specified gear characteristics. During this period, no person who owns or operates the vessel may allow the vessel to enter or remain in Southern Mid-Atlantic waters with small mesh gillnet gear on board, unless the gear complies with the specified gear characteristics or unless the gear is stowed. In order to comply with these specified gear characteristics, the gear must have all the following characteristics:
(i) Floatline length. The floatline is no longer than 2118 ft (645.6 m).
(ii) Twine size. The twine is at least 0.03 inches (0.080 cm) in diameter.
(iii) Size of nets. Individual nets or net panels are not more than 300 ft (91.4 m or 50 fathoms) in length.
(iv) 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.
(v) Tie-down system. Tie-downs are prohibited.
(vi) Tagging requirements. Beginning January 1, 2000, the gillnet is equipped with one tag per net, with one tag secured to each bridle of every net within a string of nets.
(d) Other special measures. The Assistant Administrator may revise the requirements of this section through notification published in the Federal Register if:
(1) After plan implementation, NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch to the PBR level with the current plan.
(2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level.
[63 FR 66489, Dec. 2, 1998, as amended at 66 FR 2338, Jan. 11, 2001]
Figure 1 to Part 229—Drift Gillnet Pinger Configuration and Extender Requirements
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[64 FR 3434, Jan. 22, 1999]