(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 Category II commercial fisheries from Maine through Florida. Specific Category I and II commercial fisheries within the scope of the Plan are identified and updated in the annual List of Fisheries. The measures identified in the Atlantic Large Whale Take Reduction Plan are also intended to benefit minke whales, which are not designated 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 requirements set forth in this section in accordance with paragraph (i) of this section;
(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 paragraph (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 section 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 running 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 paragraph (a)(3) of this section; and
(iii) Six-mile line. The six-mile line referred to in paragraph (c)(2)(iv) of this section is a line connecting the following 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 located north of the line 43°44′ N lat., 69°15.08′ W long. and 43°48.17′ N lat., 69°8.02′ W long.
South of Vinalhaven Island in the area located west of the line 43°52.31′ N lat., 68°40′ W long. and 43°58.12′ N lat., 68°32.95′ W long.
South of Bois Bubert Island in the area located northwest of the line 44°19.27′ N lat., 67°49.5′ W long. and 44°23.67′ N lat., 67°40.5′ W long.
(v) Maine Lobster Management Zones: The Maine Zones referred to in paragraph (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:
Table 3 to Paragraph (a)(2)(v)
| Maine lobster management zone
| Description
|
|---|
| A—East | The eastern and offshore boundary of Zone A East follows the International Boundary line between Canada and the United States (Maine) extending to and following the Exclusive Economic Zone boundary to approximately 44°8′ N lat., 67°18.00′ W long.
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 following 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:
|
| 44°18.72′ N lat., 68°49.61′ W long. (Head of the Cape, Cape Rosier), SSW to 44°10.49′ N lat., 68°55.57′ W long., SW to 44°06.14′ N lat, 69°00.00′ W long., S to 44°04.51′ N lat., 69°00.01′ W long., SSE to 44° 00.79′ N lat., 68°59.48′ W long., SSE to 43°58.01′ N lat., 68°58.02′ W long., WSW to 43°57.82′ N lat., 68° 58.69′ W long., SSW to 43°56.86′ N lat., 68°58.85′ W long., SE to 43°55.30′ N lat., 68°55.00′ W long., WSW to 43°54.27′ N lat., 68°58.33′ W long., S to 43°51.00′ N lat., 68°58.31′ W long., W to 43°51.00′ N lat., 69°00.11′ W long., SSE to 43°46.57′ N lat., 68°59.30′ W long., SW to 43°44.88′ N lat., 69°01.97′ W long., SE to 43°35.08′ N lat., 68° 50.08′ W long., S to 43°19.63′ N lat., 68° 44.255′ W long. where it intersects the LMA1/LMA3 boundary.
|
| The offshore boundary is the LMA1/LMA3 boundary.
|
| D | The eastern boundary of Zone D runs along the points as follows:
|
| 44° 18.72′ N, 068° 49.61′ W (Head of the Cape, Cape Rosier), SSW to 44° 10.492′ N, 068° 55.574′ W, SW to 44° 06.136′ N, 069° 00.000′ W, S to 44° 04.506′ N, 069° 00.014′ W, SSE to 44° 00.788′ N, 068° 59.475′ W, SSE to 43° 58.011′ N, 068° 58.023′ W, ENE to 43° 58.194′ N, 068° 57.381′ W, SSE to 43° 57.309′ N, 068° 57.226′ W, SE to 43° 55.688′ N, 068° 53.662′ W, WSW to 43° 55.285′ N, 068° 55.000′ W, WSW to 43° 54.265′ N, 068° 58.330′ W, S to 43° 50.997′ N, 068° 58.313′ W, W to 43° 51.001′ N, 069° 00.107′ W, SSE to 43° 46.565′ N, 068° 59.298′ W, NE to 43° 47452′ N, 068° 57.853′ W, SE to 43° 44.669′ N, 068° 54.350′ W, S to 43°19.63′ N lat., 68° 44.255′ W long. where it intersects the LMA1/LMA3 boundary.
|
| The western boundary of Zone D starts at the southern tip of Pemaquid Point, SSW and follows a line connecting the points as follows:
|
| 43°48.1′ N lat, 69°30′W long., S to 43°39.0′ N lat, 69°30.0′ W long., S to 43°02.57′ N lat, 69°16.43′ W long., to where it intersects the LMA1/LMA3 boundary.
|
| The offshore boundary is the LMA1/LMA3 boundary.
|
| E | The eastern boundary of Zone E is the western boundary of Zone C.
|
| The western boundary of Zone E begins at Newbury Point in Small Point Harbor, Phippsburg and follows a line connecting the points as follows:
|
| SSW to N″2′, SSE to “2BH”, S to 43°38.73′ N lat., 69°49.95′ W long., along the 3 mile line to 43°38.87′ N lat., 69°48.82′ W long, S to 42°53.51′ N lat., 69° 32.18′ W long., where it intersects the LMA1/LMA3 boundary.
|
| The offshore boundary is the LMA1/LMA3 boundary.
|
| F | The eastern boundary of Zone F is the western boundary of Zone E.
|
| The western boundary of Zone F runs in a straight line from the active Lighthouse at Two Lights Cape Elizabeth and follows a line connecting the points as follows:
|
| 43°31.80′ N lat. 70°08.56′ W long. near the C “1” East Hue & Cry buoy, WSW to 43°29.28′ N lat, 70°11.77′ W long., S to 42°36.22′ N lat. 69°52.66′ W long, where it intersects the southeastern apex of Zone G. From this point, Zone F boundary follows a straight line southeast to 42°29.85′ N−69° 40.08′ W where it meets the LMA1/LMA3 boundary.
|
| The offshore boundary is the LMA1/LMA3 boundary.
|
| G | The eastern boundary of Zone G is as follows:
|
| 43° 41.550′ N, 070° 14.650′ W, SSE 159° Magnetic to 43° 32.875′ N, 070° 05.920′ W, SSE to 42° 31.50′ N, −69° 43.34′ W where it meets with the southwestern boundary of Zone F.
|
| The western boundary of Zone G is the seaward extension of the Maine—NH border and follows a line connecting the points as follows:
|
| 43°02.62′ N lat. 70°42.1′ W long., to 42°58.92′ N lat., 70°37.65′ W long., to 42°58.75′ N lat., 70°36.72′ W long., to where it intersects with the western Zone F boundary. |
(3) Exempted waters—(i) COLREGS demarcation line. The regulations in this section do not apply to waters landward 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 connecting the following points (Quoddy Narrows/U.S.-Canada border to Odiornes Pt., Portsmouth, New Hampshire):
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. (Obstruction, Southeast of Cutler)
44°27.77′ N lat., 67°32.86′ W long. (Freeman Rock, East of Great Wass Island)
44°25.74′ N lat., 67°38.39′ W long. (R “2SR” Bell, Seahorse Rock, West of Great Wass Island)
44°21.66′ N lat., 67°51.78′ W long. (R N “2”, Petit Manan Island)
44°19.08′ N lat., 68°02.05′ W long. (R “2S” Bell, Schoodic Island)
44°13.55′ N lat., 68°10.71′ W long. (R “8BI” Whistle, Baker Island)
44°08.36′ N lat., 68°14.75′ W long. (Southern Point, Great Duck Island)
43°59.36′ N lat., 68°37.95′ W long. (R “2” Bell, Roaring Bull Ledge, Isle Au Haut)
43°59.83′ N lat., 68°50.06′ W long. (R “2A” Bell, Old Horse Ledge)
43°56.72′ N lat., 69°04.89′ W long. (G “5TB” Bell, Two Bush Channel)
43°50.28′ N lat., 69°18.86′ W long. (R “2 OM” Whistle, Old Man Ledge)
43°48.96′ N lat., 69°31.15′ W long. (GR C “PL”, Pemaquid Ledge)
43°43.64′ N lat., 69°37.58′ W long. (R “2BR” Bell, Bantam Rock)
43°41.44′ N lat., 69°45.27′ W long. (R “20ML” Bell, Mile Ledge)
43°36.04′ N lat., 70°03.98′ W long. (RG N “BS”, Bulwark Shoal)
43°31.94′ N lat., 70°08.68′ W long. (G “1”, East Hue and Cry)
43°27.63′ N lat., 70°17.48′ W long. (RW “WI” Whistle, Wood Island)
43°20.23′ N lat., 70°23.64′ W long. (RW “CP” Whistle, Cape Porpoise)
43°04.06′ N lat., 70°36.70′ W long. (R N “2MR”, Murray Rock)
43°02.93′ N lat., 70°41.47′ W long. (R “2KR” Whistle, Kittery Point)
43°02.55′ N lat., 70°43.33′ W long. (Odiornes Pt., Portsmouth, New Hampshire)
(B) New Hampshire. New Hampshire 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 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 following 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 landward of a line that follows the territorial sea baseline through Block Island 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 Massachusetts. The following Massachusetts state waters are exempt from the minimum number of traps per trawl requirement 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 Nearshore 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 nautical 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 Massachusetts. 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 Management 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 following 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 fisheries 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 Island, Matinicus Island Group (Metinic Island, Small Green Island, Large Green Island, Seal Island, Wooden Ball Island, Matinicus Island, Ragged Island), 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 follow the color marking requirements for Federal waters as indicated in paragraph (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, Massachusetts 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, Southern 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 following 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 connected 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 paragraphs (b)(2)(i) through (iv) of this section. Each colored mark must be clearly visible when the gear is hauled or removed from the water, including if the color of the rope is the same as or similar to the respective color code;
(i) Northeast Region lobster and Jonah crab buoy line markings. Beginning May 1, 2022, for all Federal and state Northeast Region lobster and Jonah crab trap/pot gear regulated under this section, 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 Administrator. 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 determine 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 Federal 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; 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 Atlantic Regional Administrator. An outreach guide illustrating the techniques for marking gear is available from the Greater Atlantic Regional Administrator 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 regulated 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 regulated 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 Atlantic Regional Administrator. An outreach guide illustrating the techniques for marking gear is available from the Greater Atlantic Regional Administrator 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 motorboat registration number, the owner's U.S. vessel documentation number, the Federal commercial fishing permit number, or whatever positive identification marking is required by the vessel's home-port state. When marking of surface buoys is not already required by state or Federal regulations, the letters and numbers used to mark the gear to identify the vessel or fishery must be at least 1 inch (2.5 cm) in height in block letters or Arabic numbers in a color that contrasts with the background color of the buoy. An outreach guide illustrating the techniques for marking gear 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;
(3) Color code. Gear must be marked with the appropriate colors to designate 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 principal port identified in Maine when fished in state waters | Purple.
|
| Trawls fished by vessels permitted by the state of Maine and NMFS, with a principal port identified in Maine when fished in Federal LMA 1 waters * | Purple, Green.
|
| Trawls fished by vessels permitted by the state of New Hampshire and with a principal port identified in New Hampshire when fished in state waters | Yellow.
|
| Trawls fished by vessels permitted by the state of New Hampshire and NMFS, with a principal port identified in New Hampshire when fished in Federal LMA 1 waters * | Yellow, Green.
|
| Trawls fished by vessels permitted by the state of Massachusetts and with a principal port identified in Massachusetts when fished in state waters | Red.
|
| Trawls fished by vessels permitted by the state of Massachusetts and NMFS with a principal port identified in Massachusetts when fished in Federal waters of LMA 1, OC, LMA 2 (including 2/3 overlap) * | Red, Green.
|
| Trawls fished by vessels permitted by the state of Rhode Island and with a principal port identified in Rhode Island when fished in state waters | Silver/Gray.
|
| Trawls fished by vessels permitted by the state of Rhode Island and NMFS, with a principal port identified in Rhode Island when in Federal waters of LMA 2 (including 2/3 overlap) * | Silver/Gray, Green.
|
| Trawls fished in the Northeast EEZ Offshore Management Area 3 (LMA3) excluding the 2/3 overlap | Black, Green.
|
| Northeast Region, Other Trap/Pot gear
|
| Massachusetts Restricted Area | Red.
|
| Northern Nearshore | Red.
|
| Northern Inshore State | Red.
|
| Stellwagen Bank/Jeffreys Ledge Restricted Area | Red.
|
| Great South Channel Restricted Area overlapping with LMA 2 and/or Outer Cape | Red.
|
| Exempt Rhode Island state waters (single traps) | Red and Blue.
|
| Exempt Massachusetts state waters in LMA 1 (single traps) | Red and White.
|
| Exempt Massachusetts state waters in LMA 2 (single traps) | Red and Black.
|
| Exempt Massachusetts state waters in Outer Cape (single traps) | Red and Yellow.
|
| Isles of Shoals, ME (single traps) | Red and Orange.
|
| Great South Channel Restricted Area overlapping with LMA 2/3 and/or LMA 3 | Black.
|
| Jordan Basin | Black and Purple (LMA 3), Red and Purple (LMA 1)
|
| Jeffreys Ledge | Red and Green.
|
| Trap/Pot Gear
|
| Southern Nearshore | Orange.
|
| Southeast Restricted Area North (state Waters) | Blue and Orange.
|
| Southeast Restricted Area North (Federal Waters) | Green and Orange.
|
| Offshore | Black.
|
| Gillnet excluding shark gillnet
|
| Cape Cod Bay Restricted Area | Green.
|
| Stellwagen Bank/Jeffreys Ledge Restricted Area | Green.
|
| Great South Channel Restricted Area | Green.
|
| Great South Channel Restricted Sliver Area | Green.
|
| Other Northeast Gillnet Waters | Green.
|
| Jordan Basin | Green and Yellow.
|
| Jeffreys Ledge | Green and Black.
|
| Mid/South Atlantic Gillnet Waters | Blue.
|
| Southeast U.S. Restricted Area South | Yellow.
|
| Other Southeast Gillnet Waters | Yellow.
|
| Shark Gillnet (with webbing of 5″ or greater)
|
| Southeast U.S. Restricted Area South | Green and Blue.
|
| Southeast Monitoring Area | Green and Blue.
|
| Other Southeast Waters | Green and Blue.
|
(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 paragraphs (c)(2) through (14) of this section, all trap/pot gear in regulated waters, including the Northern Inshore State Trap/Pot Waters Area, must comply with the universal gear requirements listed in paragraphs (c)(1)(i) through (iii) of this section;
1
1 Fishermen are also encouraged to maintain their buoy lines to be as knot-free as possible. Splices are considered to be less of an entanglement threat and are thus preferable to knots.
(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 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, 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 groundlines is prohibited.
(2) Area specific gear requirements. Trap/pot gear must be set according to the requirements outlined in paragraphs (c)(2)(i) through (iii) of this section 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 section. Trawls up to and including five traps must only have one buoy line unless specified otherwise in the table to paragraph (c)(2)(iv) of this section;
(ii) Buoy line weak links. With the exception 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, toggles, window weights, etc., must be attached to the buoy line with a weak link placed either as close to each individual buoy, flotation device and/or weight as operationally feasible, or at the base of the surface system where the surface system attaches to the single buoy line, and that meets the following 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 section for a specified management area;
(B) Approved weak links. 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 Greater Atlantic Regional Administrator. 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 considered to be knots for the purposes of this paragraph (c)(2)(ii)(C);
(iii) Weak buoy lines and weak insertion 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 described in the table to paragraph (c)(2)(iv). The weak line and weak insert 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 between weak insertions. Weak insertion devices must be inserted in the specified intervals from the surface system and must be devices chosen from the following list approved by NMFS, including any rope no thinner than 5/16 inch (8 mm) diameter that is engineered to break at 1,700 lb (771 kg) or less in a color contrasting with the primary 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 braided 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 contrasts with the buoy line and with the breaking strength imprinted on the weak link is approved. The Greater Atlantic Regional Administrator will approve other materials, devices, or configurations inserted according to specifications approved in writing by the Greater Atlantic Regional Administrator. 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 behind the bitter end of the line. The bitter 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 insertion configuration
|
|---|
| Northeast Region Lobster and Jonah Crab Trap/Pot, Applicable beginning May 1, 2022
|
| Northern Inshore State; Maine Zones A, B, F, G exempt waters to 3 miles | 3 (1 buoy line) | Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top.
|
| Northern Inshore State; Maine Zones C, D, and E exempt waters to 3 miles | 2 (1 buoy line) or 4 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone A East 3 to 12 miles | 10 (1 buoy line) or 20 (2 buoy lines) | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone A West 3 to 6 miles | 4 (1 buoy line) or 8 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone A West 6 to 12 miles | 8 (1 buoy line) or 15 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone B 3 to 6 miles | 5 (1 buoy line) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone C, D, E 3 to 6 miles | 5 (1 buoy line) or 10 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone F and G 3 to 6 miles | 5 (1 buoy line) or 10 (2 buoy lines) | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone B, D, and E 6 to 12 miles | 5 (1 buoy line) or 10 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone C 6 to 12 miles | 10 (1 buoy line) or 20 (2 buoy lines) | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone F 6 to 12 miles | 5 (1 buoy line) or 10 (2 buoy lines) | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Nearshore: Maine Zone G 6 to 12 miles | 10 (1 buoy line) or 20 (2 buoy lines) | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Inshore State and Massachusetts Restricted Area; Massachusetts State Waters
2 | No minimum number of traps per trawl. Trawls up to and including 3 or fewer traps must only have one buoy line | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northern Inshore State and Massachusetts Restricted Area; Other Massachusetts State Waters | 2 (1 buoy line) Trawls up to and including 3 or fewer traps must only have one buoy line | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northern Inshore State; New Hampshire State Waters | No minimum trap/trawl | Weak line for the top 50 percent of the buoy line or one weak insertion device at 50 percent buoy line length from top.
|
| Northern Nearshore; New Hampshire and Massachusetts (3-6 miles) | 10 | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore, Massachusetts Restricted Area, and Stellwagen Bank/Jeffreys Ledge Restricted Area; LMA 1 (6-12 miles) | 15 | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore and LMA1 Restricted Area; LMA1 (12+ miles) | 25 | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Inshore State, Massachusetts Restricted Area, and Massachusetts South Island Restricted Area; OC and LMA1/OC Overlap(0-3 miles) | No minimum number of traps per trawl | Weak inserts every 60 ft (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northern Nearshore and Massachusetts Restricted Area; OC (3-12 miles) | 15 | Weak line for the top 50 percent of the buoy line or two weak insertion devices, one at 25 percent and one at 50 percent buoy line length from top.
|
| Northern Nearshore and Great South Channel Restricted Area; OC (12+ miles) | 20 | Weak line for the top 33 percent of the buoy line or one weak insertion device at 33 percent buoy line length from top.
|
| Northern Inshore State; RI State Waters | No minimum number of traps per trawl | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northern Nearshore; LMA 2 (3-12 miles) | 10 | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northern Nearshore, Great South Channel Restricted Area, and Massachusetts South of Island Restricted Area; LMA 2 (12+ miles) | 20 | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Offshore, Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 2/3 Overlap (12+ miles) | 20 | Weak inserts every 60 feet (18.3 m) in top 75 percent of line or full weak line through top 75 percent of line.
|
| Northeast Region Offshore waters including Great South Channel Restricted Area, and Massachusetts South Island Restricted Area, with the exception of the Georges Basin and South Georges 50 Fathom Restricted Areas; LMA 3 including LMA3-only vessels fishing in 2/3 overlap | 45 | Weak line for the top 75 percent of one buoy line.
|
| Northeast Region Offshore waters Georges Basin Restricted Area | 50 | Weak line for the top 75 percent of the buoy line.
|
| Northeast Region Offshore waters South Georges 50 Fathom Restricted Area | 35 | Weak line for the top 75 percent of the buoy line.
|
| Other Trap/Pot
|
| Northern Inshore State; Maine State and Pocket Waters
1 | 2 (1 buoy line) | ≤600 lb.
|
| Northern Nearshore; Maine Zones A-G (3-6 miles)
1 | 3 (1 buoy line) | ≤600 lb.
|
| Northern Nearshore; Maine Zones A-C (6-12 miles)
1 | 5 (1 buoy line) | ≤600 lb.
|
| Northern Nearshore; Maine Zones D-G (6-12 miles)
1 | 10 | ≤600 lb.
|
| Northern Nearshore, Offshore, and LMA1 Restricted Area; Maine Zones A-E (12+ miles) | 15 | ≤600 lb (≤1500 lb in offshore, 2,000 lb if red crab trap/pot).
|
| Northern Nearshore, Offshore, and LMA1 Restricted Area; Maine Zones F-G (12+ miles) | 15 (Mar 1-Oct 31) 20 (Nov 1-Feb 28/29) | ≤600 ls (≤1500 lb in offshore, 2,000 ls if red crab trap/pot).
|
| Northern Inshore State and Massachusetts Restricted Area; Massachusetts State Waters
2 | No minimum number of traps per trawl. Trawls up to and including 3 or fewer traps must only have one buoy line | ≤600 lb.
|
| Northern Inshore State, Massachusetts Restricted Area, and Massachusetts South Island Restricted Area; Other Massachusetts State Waters | 2 (1 buoy line) Trawls up to and including 3 or fewer traps must only have one buoy line | ≤600 lb.
|
| Northern Inshore State; New Hampshire State Waters | No minimum number of traps per trawl | ≤600 lb.
|
| Northern Nearshore and Massachusetts Restricted Area and Stellwagen Bank/Jeffreys Ledge Restricted Area; LMA 1 (3-12 miles) | 10 | ≤600 lb.
|
| Northern Nearshore and LMA1 Restricted Area; LMA 1 (12+ miles) | 20 | ≤600 lb.
|
| Northern Inshore State and Massachusetts Restricted Area; LMA1/OC Overlap (0-3 miles) | No minimum number of traps per trawl | ≤600 lb.
|
| Northern Inshore State and Massachusetts Restricted Area; OC (0-3 miles) | No minimum number of traps per trawl | ≤600 lb.
|
| Northern Nearshore and Massachusetts Restricted Area; OC (3-12 miles) | 10 | ≤600 lb.
|
| Northern Nearshore and Great South Channel Restricted Area; OC (12+ miles) | 20 | ≤600 lb.
|
| Northern Inshore State; Rhode Island State Waters | No minimum number of traps per trawl | ≤600 lb.
|
| Northern Nearshore, and Massachusetts South Island Restricted Area; LMA 2 (3-12 miles) | 10 | ≤600 lb.
|
| Northern Nearshore, Great South Channel Restricted Area; LMA 2 (12+ miles) | 20 | ≤600 lb.
|
| Northeast Offshore and Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 2/3 Overlap (12+ miles) | 20 | ≤1500 lb (2,000 lb if red crab trap/pot).
|
| Northeast Offshore waters, Great South Channel Restricted Area, and Massachusetts South Island Restricted Area; LMA 3 (12+ miles) | 20 | ≤1500 lb (2,000 lb if red crab trap/pot).
|
| Southern Nearshore; LMA 4,5,6 | No minimum number of traps per trawl | ≤600 lb.
|
| Southeast U.S. Restricted Area North
3 Florida State Waters | 1 | ≤200 lb.
|
| Southeast U.S. Restricted Area North;
3 Georgia 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 Federal Waters off Florida, Georgia, South Carolina | 1 | ≤600 lb.
|
(3) Massachusetts Restricted Area—
(i) Area. The Massachusetts Restricted Area is bounded landward by the Massachusetts 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 MRA10 in order as detailed in table 11 to this 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°39.77′ | 70°30′
|
| MRA4 | 42°30′ | 70°30′
|
| MRA5 | 42°30′ | 69°45′
|
| MRA6 | 41°56.5′ | 69°45′
|
| MRA7 | 41°21.5′ | 69°16′
|
| MRA8 | 41°15.3′ | 69°57.9′
|
| MRA9 | 41°20.3′ | 70°00′
|
| MRA10 | 41°40.2′ | 70°00′ |
(ii) Closure to fishing with buoy lines. From February 1 to April 30, it is prohibited to fish with, set, or possess trap/pot gear in the area in this paragraph (c)(3)(i) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bottom until it can be remotely released for hauling, or it is stowed in accordance with § 229.2 of this chapter. Authorizations for fishing without buoy lines must be obtained if such fishing would not be in accordance with surface marking requirements of §§ 697.21 and 648.84 of this title or other applicable fishery management regulations. The minimum number of trap/trawl gear configuration requirements 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 requirements. From May 1 through January 31, no person or vessel may fish with or possess trap/pot gear in the Massachusetts 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 paragraph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or unless 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 connected by rhumb lines in the order listed, and bounded on the north by the shoreline of Nantucket, Massachusetts.
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 prohibited 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. 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 configuration requirements 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 requirements. From May 1 through January 31, no person or vessel may fish with or possess trap/pot gear in the Massachusetts South Island 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 paragraph (c)(1) of this section, and the area-specific requirements listed 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 prohibited 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. 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.
(iii) Area-specific gear or vessel requirements. 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 specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2.
(6) Lobster Management Area One Restricted 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 possess trap/pot gear in the area in paragraph (c)(6)(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. 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 configuration requirements 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 requirements. From February 1 through September 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 paragraph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2.
(7) Stellwagen Bank/Jeffreys Ledge Restricted Area—(i) Area. The Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal waters of the Gulf of Maine, except those designated as the 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 complies with the gear marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, and the area-specific requirements 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 requirements. Beginning May 1 2022, no person or vessel may fish with or possess trap/pot gear in the Georges Basin 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 paragraph (c)(1) of this section, and the area-specific requirements 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 referred 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 requirements. Beginning May 1, 2022, no person or vessel may fish with or possess trap/pot gear in the South Georges 50 Fathom 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 paragraph (c)(1) of this section, and the area-specific requirements listed in paragraph (c)(2) of this section, or unless the gear is stowed as specified in § 229.2.
(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, including the area known as the Area 2/3 Overlap and Area 3/5 Overlap as defined in the American Lobster Fishery regulations at 50 CFR 697.18, with the exception of the Great South Channel Restricted Trap/Pot Area, Southeast Restricted Area, Georges Basin Restricted Area, South Georges 50 Fathom Restricted 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 Offshore Trap/Pot 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 marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, and the area-specific requirements 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 vessel requirements. From September 1 to May 31, no person or vessel may fish with or possess trap/pot gear in the Offshore 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 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 universal trap/pot gear requirements specified in paragraph (c)(1) of this section, and 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 Offshore 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 marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified 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.
(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 Offshore 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 marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified in paragraph (c)(1) of this section, the area-specific requirements 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 includes the state waters of Rhode Island, Massachusetts, New Hampshire, and Maine, with the exception of Massachusetts 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 section, the universal trap/pot gear requirements specified 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.
(12) Northern Nearshore Trap/Pot Waters Area—(i) Area. The Northern Nearshore Trap/Pot Waters Area includes all Federal waters of EEZ Nearshore Management Area 1, Area 2, and the Outer Cape Lobster Management Area (as defined in the American Lobster 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 Restricted Area, and Federal waters west of 70°00′ N lat. in Nantucket Sound (included 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 section, the universal trap/pot gear requirements specified 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.
(13) Southern Nearshore Trap/Pot Waters Area—(i) Area. The Southern Nearshore Trap/Pot Waters Area includes all state and Federal waters that fall within EEZ Nearshore Management Area 4, EEZ Nearshore Management 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 contour 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 Restricted 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 universal trap/pot gear requirements specified 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.
(iii) Seasonal area-specific gear or vessel 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 complies with the gear marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements 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 marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified 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.
(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 marking requirements specified in paragraph (b) of this section, the universal trap/pot gear requirements specified 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.
(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 paragraph (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 specified in paragraph (b) of this section, the universal trap/pot gear requirements specified 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.
(iii) Seasonal area-specific gear or vessel 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 eastern 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 universal trap/pot gear requirements specified 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 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 section, the universal trap/pot gear requirements specified 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.
(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 section, the universal trap/pot gear requirements specified 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.
(d) Restrictions applicable to anchored gillnet gear—(1) Universal anchored gillnet gear requirements. In addition to the area-specific measures listed in paragraphs (d)(3) through (8) of this section, all anchored gillnet gear in regulated waters must comply with the universal gear requirements listed in paragraphs (d)(1)(i) through (iii) of this section.
(i) No buoy line floating at the surface. No person or vessel may fish with anchored gillnet gear that has any portion of the buoy line floating at the surface at any time when the buoy line is directly connected to the gear at the ocean bottom. If more than one buoy is attached to a single buoy line or if a high flyer and a buoy are used together on a single buoy line, sinking and/or neutrally buoyant line must be used between these objects.
(ii) No wet storage of gear. Anchored gillnet gear must be hauled out of the water at least once every 30 days.
(iii) Groundlines. All groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. The attachment of buoys, toggles, or other floatation devices to groundlines is prohibited.
(2) Area specific gear restrictions. No person or vessel may fish with or possess anchored gillnet gear in Areas referenced in paragraphs (d)(3) through (8) of this section, unless that gear complies with the gear requirements specified in paragraph (d)(1) of this section, and the area specific requirements listed in paragraphs (d)(2)(i) through (iii) of this section, or unless the gear is stowed as specified in § 229.2.
(i) Buoy line weak links. All buoys, flotation devices and/or weights (except gillnets, anchors, and leadline woven into the buoy line), such as surface buoys, high flyers, sub-surface buoys, toggles, window weights, etc., must be attached to the buoy line with a weak link placed as close to each individual buoy, flotation device and/or weight as operationally feasible and that meets the following specifications:
(A) The weak link must be chosen from the following list approved by NMFS: Swivels, plastic weak links, rope of appropriate breaking strength, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. A brochure illustrating the techniques for making weak links is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request.
(B) The breaking strength of the weak links must not exceed 1,100 lb (499.0 kg).
(C) Weak links must break cleanly leaving behind the bitter end of the line. The bitter end of the line must be free of any knots when the weak link breaks. Splices are not considered to be knots for the purposes of this paragraph (d)(2)(i).
(ii) Net panel weak links. The breaking strength of each weak link must not exceed 1,100 lb (499.0 kg). The weak link requirements apply to all variations in panel size. All net panels in a string must contain weak links that meet one of the following two configurations unless exempted from this requirement under paragraph (a)(5) of this section:
(A) Configuration 1. (1) The weak link must be chosen from the following list approved by NMFS: Plastic weak links or rope of appropriate breaking strength. If rope of appropriate breaking strength is used throughout the floatline or as the up and down line, or if no up and down line is present, then individual weak links are not required on the floatline or up and down line. A brochure illustrating the techniques for making weak links is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request; and
(2) One weak link must be placed in the center of each of the up and down lines at both ends of the net panel; and
(3) One weak link must be placed as close as possible to each end of the net panels on the floatline; and
(4) For net panels of 50 fathoms (300 ft or 91.4 m) or less in length, one weak link must be placed in the center of the floatline; or
(5) For net panels greater than 50 fathoms (300 ft or 91.4 m) in length, one weak link must be placed at least every 25 fathoms (150 ft or 45.7 m) along the floatline.
(B) Configuration 2. (1) The weak link must be chosen from the following list approved by NMFS: Plastic weak links or rope of appropriate breaking strength. If rope of appropriate breaking strength is used throughout the floatline or as the up and down line, or if no up and down line is present, then individual weak links are not required on the floatline or up and down line. A brochure illustrating the techniques for making weak links is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request; and
(2) One weak link must be placed in the center of each of the up and down lines at both ends of the net panel; and
(3) One weak link must be placed between the floatline tie loops between net panels; and
(4) One weak link must be placed where the floatline tie loops attaches to the bridle, buoy line, or groundline at the end of a net string; and
(5) For net panels of 50 fathoms (300 ft or 91.4 m) or less in length, one weak link must be placed in the center of the floatline; or
(6) For net panels greater than 50 fathoms (300 ft or 91.4 m) in length, one weak link must be placed at least every 25 fathoms (150 ft or 45.7 m) along the floatline.
(iii) Anchoring systems. All anchored gillnets, regardless of the number of net panels, must be secured at each end of the net string with a burying anchor (an anchor that holds to the ocean bottom through the use of a fluke, spade, plow, or pick) having the holding capacity equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless exempted from this requirement under paragraph (a)(5) of this section. Dead weights do not meet this requirement. A brochure illustrating the techniques for rigging anchoring systems is available from the Regional Administrator, NMFS, Greater Atlantic Region.
(3) Cape Cod Bay Restricted Area—(i) Area. The Cape Cod Bay restricted area is bounded by the following points and on the south and east by the interior shoreline of Cape Cod, Massachusetts.
Table 17 to Paragraph (d)(3)(i)
| Point
| N lat.
| W long.
|
|---|
| CCB1 | 41°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 anchored gillnet gear in the Cape Cod Bay Restricted Area unless the Assistant Administrator specifies gear restrictions or alternative fishing practices in accordance with paragraph (i) of this section and the gear or practices comply with those specifications, or unless the gear is stowed as specified in § 229.2. The Assistant Administrator may waive this closure for the remaining portion of the winter restricted period in any year through a notification in the Federal Register if NMFS determines that right whales have left the restricted area and are unlikely to return for the remainder of the season.
(iii) Area-specific gear or vessel requirements. From May 16 through December 31 of each year, no person or vessel may fish with or possess anchored gillnet gear in the Cape Cod Bay Restricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section, or unless the gear is stowed as specified in § 229.2.
(4) Great South Channel Restricted Gillnet Area—(i) Area. The Great South Channel Restricted Gillnet Area consists of the area bounded by lines connecting the following four points:
Table 18 to Paragraph (d)(4)(i)
| Point
| N lat.
| W long.
|
|---|
| GSC1 | 41°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 vessel may fish with or possess anchored gillnet gear in the Great South Channel Restricted Gillnet Area unless the Assistant Administrator specifies gear restrictions or alternative fishing practices in accordance with paragraph (i) of this section and the gear or practices comply with those specifications, or unless the gear is stowed as specified in § 229.2.
(iii) Area-specific gear or vessel requirements. From July 1 through March 31 of each year, no person or vessel may fish with or possess anchored gillnet gear in the Great South Channel Restricted Gillnet Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 229.2.
(5) Great South Channel Sliver Restricted Area—(i) Area. The Great South Channel Sliver Restricted Area consists of the area bounded by lines connecting the following points:
Table 19 to Paragraph (d)(5)(i)
| Point
| N lat.
| W long.
|
|---|
| GSCRA1 | 41°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 Channel Sliver Restricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 229.2.
(6) Stellwagen Bank/Jeffreys Ledge Restricted Area—(i) Area. The Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal waters of the Gulf of Maine, except those designated as the Cape Cod Bay Restricted Area in paragraph (d)(3) of this section that lie south of 43°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 marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 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 marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 229.2.
(iii) Seasonal area-specific gear or vessel requirements. From September 1 to May 31, no person or vessel may fish with or possess anchored gillnet gear in the Other Northeast Gillnet Waters Area that is south of a straight line from 41°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 section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements listed in paragraph (d)(2) of this section or unless the gear is stowed as specified in § 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 specified in paragraphs (f)(1) and (2) of this section, then the closure and exemption for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies.
(ii) Area-specific gear or vessel requirements. From September 1 through May 31, no person or vessel may fish with or possess anchored gillnet gear in the Mid/South Atlantic Gillnet Waters unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the following area specific requirements, or unless the gear is stowed as specified in § 229.2. When the Mid/South Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted Area and its restricted period as specified in paragraphs (f)(1) and (2) of this section, then the closure and exemption for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies.
(A) Buoy line weak links. All buoys, flotation devices and/or weights (except gillnets, anchors, and leadline woven into the buoy line), such as surface buoys, high flyers, sub-surface buoys, toggles, window weights, etc., must be attached to the buoy line with a weak link placed as close to each individual buoy, flotation device and/or weight as operationally feasible and that meets the following specifications:
(1) The weak link must be chosen from the following list approved by NMFS: Swivels, plastic weak links, rope of appropriate breaking strength, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. A brochure illustrating the techniques for making weak links is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request.
(2) The breaking strength of the weak links must not exceed 1,100 lb (499.0 kg).
(3) Weak links must break cleanly leaving behind the bitter end of the line. The bitter end of the line must be free of any knots when the weak link breaks. Splices are not considered to be knots for the purposes of this paragraph (d)(8)(ii)(A).
(B) Net panel weak links. The weak link requirements apply to all variations in panel size. All net panels must contain weak links that meet the following specifications unless exempted under paragraph (a)(5) of this section:
(1) The breaking strength for each of the weak links must not exceed 1,100 lb (499.0 kg).
(2) The weak link must be chosen from the following list approved by NMFS: Plastic weak links or rope of appropriate breaking strength. If rope of appropriate breaking strength is used throughout the floatline then individual weak links are not required. A brochure illustrating the techniques for making weak links is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request.
(3) Weak links must be placed in the center of the floatline of each gillnet net panel up to and including 50 fathoms (300 ft or 91.4 m) in length, or at least every 25 fathoms (150 ft or 45.7 m) along the floatline for longer panels.
(C) Additional anchoring system and net panel weak link requirements. All gillnets must return to port with the vessel unless the gear meets the following specifications:
(1) Anchoring systems. All anchored gillnets, regardless of the number of net panels, must be secured at each end of the net string with a burying anchor (an anchor that holds to the ocean bottom through the use of a fluke, spade, plow, or pick) having the holding capacity equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless exempted under paragraph (a)(5) of this section. Dead weights do not meet this requirement. A brochure illustrating the techniques for rigging anchoring systems is available from the Regional Administrator, NMFS, Greater Atlantic Region upon request.
(2) Net panel weak links. Net panel weak links must meet the specifications in this paragraph. The breaking strength of each weak link must not exceed 1,100 lb (499.0 kg). The weak link requirements apply to all variations in panel size. All net panels in a string must contain weak links that meet one of the following two configurations found in paragraph (d)(2)(ii)(A) or (B) of this section.
(3) Additional provision for North Carolina. All gillnets set 300 yards (274.3 m) or less from the shoreline in North Carolina must meet the anchoring system and net panel weak link requirements in paragraphs (d)(8)(ii)(C)(1) and (2) of this section, or the following:
(i) The entire net string must be less than 300 yards (274.3 m) from shore.
(ii) The breaking strength of each weak link must not exceed 600 lb (272.2 kg).The weak link requirements apply to all variations in panel size.
(iii) All net panels in a string must contain weak links that meet one of the following two configuration specifications found in paragraph (d)(2)(ii)(A) or (B) of this section.
(iv) Regardless of the number of net panels, all anchored gillnets must be secured at the offshore end of the net string with a burying anchor (an anchor that holds to the ocean bottom through the use of a fluke, spade, plow, or pick) having a holding capacity equal to or greater than an 8-lb (3.6-kg) Danforth-style anchor, and at the inshore end of the net string with a dead weight equal to or greater than 31 lb (14.1 kg).
(e) Restrictions applicable to drift gillnet gear—(1) Cape Cod Bay Restricted Area—(i) Area. The Cape Cod Bay Restricted Area is bounded by the following points and on the south and 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 vessel may fish with or possess drift gillnet gear in the Cape Cod Bay Restricted Area unless the Assistant Administrator specifies gear restrictions or alternative fishing practices in accordance with paragraph (e)(1)(i) of this section and the gear or practices comply with those specifications, or unless the gear is stowed as specified in § 229.2. The Assistant Administrator may waive this closure for the remaining portion of the winter restricted period in any year through a notification in the Federal Register if NMFS determines that right whales have left the restricted area and are unlikely to return for the remainder of the season.
(iii) Area-specific gear or vessel requirements. From May 1 through December 31 of each year, no person or vessel may fish with or possess drift gillnet gear in the Cape Cod Bay Restricted Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, or unless the gear is stowed as specified in § 229.2. Additionally, no person or vessel may fish with or possess drift gillnet gear at night in the Cape Cod Bay Restricted Area unless that gear is tended, or unless the gear is stowed as specified in § 229.2. During that time, all drift gillnet gear set by that vessel in the Cape Cod Bay Restricted Area must be removed from the water and stowed on board the vessel before a vessel returns to port.
(2) Great South Channel Restricted Gillnet Area—(i) Area. The Great South Channel Restricted Gillnet Area consists of the area bounded by lines connecting the following four points:
Table 21 to Paragraph (e)(2)(i)
| Point
| N lat.
| W long.
|
|---|
| GSC1 | 41°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 vessel may set, fish with or possess drift gillnet gear in the Great South Channel Restricted Gillnet Area unless the Assistant Administrator specifies gear restrictions or alternative fishing practices in accordance with paragraph (i) of this section and the gear or practices comply with those specifications, or unless the gear is stowed as specified in § 229.2.
(iii) Area-specific gear or vessel requirements. From July 1 through March 31 of each year, no person or vessel may fish with or possess drift gillnet gear in the Great South Channel Restricted Gillnet Area unless that gear complies with the gear marking requirements specified in paragraph (b) of this section, or unless the gear is stowed as specified in § 229.2. Additionally, no person or vessel may fish with or possess drift gillnet gear at night in the Great South Channel Restricted Gillnet Area unless that gear is tended, or unless the gear is stowed as specified in § 229.2. During that time, all drift gillnet gear set by that vessel in the Great South Channel Restricted Gillnet Area must be removed from the water and stowed on board the vessel before a vessel returns to port.
(3) Great South Channel Sliver Restricted Area—(i) Area. The Great South Channel Sliver Restricted Area consists of the area bounded by lines connecting the following points:
Table 22 to Paragraph (e)(3)(i)
| Point
| N lat.
| W long.
|
|---|
| GSCRA1 | 41°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. Additionally, no person or vessel may fish with or possess drift gillnet gear at night in the Great South Channel Sliver Restricted Area unless that gear is tended, or unless the gear is stowed as specified in § 229.2. During that time, all drift gillnet gear set by that vessel in the Great South Channel Sliver Restricted Area must be removed from the water and stowed on board the vessel before a vessel returns to port.
(4) Stellwagen Bank/Jeffreys Ledge Restricted Area—(i) Area. The Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal waters of the Gulf of Maine, except those designated the Cape Cod Bay Restricted Area in paragraph (e)(1) of this section, that lie south of 43°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 requirements specified 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 Stellwagen Bank/Jeffreys Ledge 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 Stellwagen Bank/Jeffreys Ledge Restricted Area must be removed from the water and stowed on board the vessel before a vessel returns to port.
(5) Other Northeast Gillnet Waters Area—(i) Area. The Other Northeast Gillnet Waters Area consists of all state and Federal U.S. waters from the U.S./Canada border to Long Island, NY, at 72°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 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.
(iii) Seasonal area-specific gear or vessel requirements. From September 1 to May 31, no person or vessel may fish with or possess drift gillnet gear in the Other Northeast Gillnet Waters Area that is south of a straight line from 41°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 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. 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 specified in paragraphs (f)(1) and (2) of this section, then the closure and exemption for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies.
(ii) Area-specific gear or vessel requirements. From September 1 through May 31, no person or vessel may fish with or possess drift gillnet gear at night in the Mid/South Atlantic Gillnet Waters Area unless:
(A) The gear complies with gear marking requirements specified in paragraph (b) of this section;
(B) The gear is tended; and
(C) All gear is removed from the water and stowed on board the vessel before a vessel returns to port. No person or vessel may possess drift gillnet at night in the Mid/South Atlantic Gillnet Waters unless the gear is stowed as specified in § 229.2. When the Mid/South Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted Area and its restricted period as specified in paragraphs (f)(1) and (2) of this section, then the closure and exemption for the Southeast U.S. Restricted Area as specified in paragraph (f)(2) of this section applies.
(f) Restrictions applicable to the Southeast U.S. Restricted Area—(1) Area. The Southeast U.S. Restricted Area consists of the area bounded by straight lines connecting the following points in the order stated from south to north:
Table 23 to Paragraph (f)(1)
| Point
| N lat.
| W long.
|
|---|
| SERA1 | 27°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′
|
(i) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted Area N consists of the Southeast U.S. Restricted Area from 29°00′ N lat. northward.
(ii) Southeast U.S. Restricted Area S. The Southeast U.S. Restricted Area S consists of the Southeast U.S. Restricted Area southward of 29°00′ N lat.
(2) Restricted periods, closure, and exemptions—(i) Restricted periods. The restricted period for the Southeast U.S. Restricted Area N is from November 15 through April 15, and the restricted period for the Southeast U.S. Restricted Area S is from December 1 through March 31.
(ii) Closure for gillnets. (A) Except as provided under paragraph (f)(2)(v) of this section, fishing with or possessing gillnet in the Southeast U.S. Restricted Area N during the restricted period is prohibited.
(B) Except as provided under paragraphs (f)(2)(iii) and (iv) of this section, fishing with gillnet in the Southeast U.S. Restricted Area S during the restricted period is prohibited.
(iii) Exemption for Southeastern U.S. Atlantic shark gillnet fishery. Fishing with gillnet for sharks with webbing of 5 inches (12.7 cm) or greater stretched mesh is exempt from the restrictions under paragraph (f)(2)(ii)(B) of this section if:
(A) The gillnet is deployed so that it encloses an area of water;
(B) A valid commercial directed shark limited access permit has been issued to the vessel in accordance with 50 CFR 635.4(e) and is on board;
(C) No net is set at night or when visibility is less than 500 yards (1,500 ft, 460 m);
(D) The gillnet is removed from the water before night or immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
(E) Each set is made under the observation of a spotter plane;
(F) No gillnet is set within 3 nautical miles (5.6 km) of a right, humpback, or fin whale;
(G) The gillnet is removed immediately from the water if a right, humpback, or fin whale moves within 3 nautical miles (5.6 km) of the set gear;
(H) The gear complies with the gear marking requirements specified in paragraph (b) of this section; and
(I) The operator of the vessel calls the Southeast Fisheries Science Center Panama City Laboratory in Panama City, FL, not less than 48 hours prior to departing on any fishing trip in order to arrange for observer coverage. If the Panama City Laboratory requests that an observer be taken on board a vessel during a fishing trip at any time from December 1 through March 31 south of 29°00′ N lat., no person may fish with such gillnet aboard that vessel in the Southeast U.S. Restricted Area S unless an observer is on board that vessel during the trip.
(iv) Exemption for Spanish Mackerel component of the Southeast Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is exempt from the restrictions under paragraph (f)(2)(ii)(B) of this section from December 1 through December 31, and from March 1 through March 31 if:
(A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4
7/8 inches (12.4 cm) stretched mesh;
(B) A valid commercial vessel permit for Spanish mackerel has been issued to the vessel in accordance with 50 CFR 622.4(a)(2)(iv) and is on board;
(C) No person may fish with, set, place in the water, or have on board a vessel a gillnet with a float line longer than 800 yards (2,400 ft, 732 m);
(D) No person may fish with, set, or place in the water more than one gillnet at any time;
(E) No more than two gillnets, including any net in use, may be possessed at any one time; provided, however, that if two gillnets, including any net in use, are possessed at any one time, they must have stretched mesh sizes (as allowed under the regulations) that differ by at least .25 inch (.64 cm);
(F) No person may soak a gillnet for more than 1 hour. The soak period begins when the first mesh is placed in the water and ends either when the first mesh is retrieved back on board the vessel or the gathering of the gillnet is begun to facilitate retrieval on board the vessel, whichever occurs first; providing that, once the first mesh is retrieved or the gathering is begun, the retrieval is continuous until the gillnet is completely removed from the water;
(G) No net is set at night or when visibility is less than 500 yards (1,500 ft, 460 m);
(H) The gillnet is removed from the water before night or immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
(I) No net is set within 3 nautical miles (5.6 km) of a right, humpback, or fin whale;
(J) The gillnet is removed immediately from the water if a right, humpback, or fin whale moves within 3 nautical miles (5.6 km) of the set gear; and
(K) The gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in paragraph (d)(1) of this section, and the area-specific requirements for anchored gillnets specified in paragraphs (d)(8)(ii)(A) through (D) of this section for the Mid/South Atlantic Gillnet Waters.
(v) Exemption for vessels in transit with gillnet aboard. Possession of gillnet aboard a vessel in transit is exempt from the restrictions under paragraph (f)(2)(ii)(A) of this section if: All nets are covered with canvas or other similar material and lashed or otherwise securely fastened to the deck, rail, or drum; and all buoys, high flyers, and anchors are disconnected from all gillnets. No fish may be possessed aboard such a vessel in transit.
(vi) Restrictions for trap/pot gear. Fishing with trap/pot gear in the Southeast U.S. Restricted Area N during the restricted period is allowed if:
(A) Trap/pot gear is not fished in a trap/pot trawl;
(B) All buoys or flotation devices are attached to the buoy line with a weak link that meets the requirements of paragraph (c)(2)(ii) of this section. The weak link has a maximum breaking strength of 600 lbs (272 kg) except in Florida State waters where the maximum breaking strength is 200 lbs (91kg);
(C) The buoy line has a maximum breaking strength of 2,200 lbs (998 kg) except in Florida State waters where the maximum breaking strength is 1,500 lbs (630 kg);
(D) The entire buoy line must be free of objects (e.g., weights, floats, etc.) except where it attaches to the buoy and trap/pot;
(E) The buoy line is made of sinking line;
(F) The gear complies with gear marking requirements as specified in paragraph (b) of this section; and
(G) Trap/pot gear that is deployed in the EEZ (as defined in § 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 allowed if one of the following exemptions applies:
(i) Exemption for Southeastern U.S. Atlantic shark gillnet fishery. Fishing with or possessing gillnet gear with webbing of 5 inches (12.7 cm) or greater stretched mesh is allowed if:
(A) The gear is marked as required in paragraph (b) of this section;
(B) No net is set within 3 nautical miles (5.6 km) of a right, humpback, or fin whale; and
(C) The gear is removed immediately from the water if a right, humpback, or fin whale moves within 3 nautical miles (5.6 km) of the set gear.
(ii) Exemption for Southeast Atlantic gillnet fishery. Fishing with or possessing gillnet gear is allowed if:
(A) The gear is marked as required in paragraph (b) of this section; or
(B) The gear is fished south of 27°51′ N.
(iii) Exemption for vessels in transit with gillnet aboard. Possession of gillnet gear aboard a vessel in transit is allowed if:
(A) All nets are covered with canvas other similar material and securely fastened to the deck, rail, or drum; and
(B) All buoys, high flyers, and anchors are disconnected from all gillnets.
(h) Restrictions applicable to the Southeast U.S. Monitoring Area—(1) Area. The Southeast U.S. Monitoring Area consists of the area from 27°51′ N lat. (near Sebastian Inlet, FL) south to 26°46.50′ N lat. (near West Palm Beach, FL), extending from the shoreline or exemption 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 transit 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 Magnuson-Stevens Fishery Conservation and Management Act, or other appropriate authority, the Assistant Administrator may take action under this section in the following situations:
(1) Entanglements in critical habitat or restricted areas. If a serious injury or mortality of a right whale occurs in the Cape Cod Bay Restricted Area from January 1 through May 15, in the Great South Channel Restricted Area from April 1 through June 30, the Southeast U.S. Restricted Area N from November 15 to April 15, or the Southeast U.S. Restricted Area S from December 1 through March 31 as the result of an entanglement by trap/pot or gillnet gear allowed to be used in those areas and times, the Assistant Administrator shall close that area to that gear type (i.e., trap/pot or gillnet) for the rest of that time period and for that same time period in each subsequent year, unless the Assistant Administrator revises the restricted period in accordance with paragraph (i)(2) of this section or unless other measures are implemented under paragraph (i)(2) of this section.
(2) Other special measures. The Assistant Administrator may, in consultation with the Take Reduction Team, revise the requirements of this section through a publication in the Federal Register if:
(i) NMFS verifies that certain gear characteristics are both operationally effective and reduce serious injuries and mortalities of endangered whales;
(ii) New gear technology is developed and determined to be appropriate;
(iii) Revised breaking strengths are determined to be appropriate;
(iv) New marking systems are developed and determined to be appropriate;
(v) NMFS determines that right whales are remaining longer than expected in a closed area or have left earlier than expected;
(vi) NMFS determines that the boundaries of a closed area are not appropriate;
(vii) Gear testing operations are considered appropriate; or
(viii) Similar situations occur.
[86 FR 52011, Sept. 17, 2021, as amended at 87 FR 11979, Mar. 3, 2022; 89 FR 8349, Feb. 7, 2024]