[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Rules and Regulations]
[Pages 80368-80381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32050]



[[Page 80368]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 001128334-0334-01; I.D. 101800A]
RIN 0648-AN88


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: NMFS is issuing an interim final rule to amend the regulations 
implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP). The 
Atlantic Large Whale Take Reduction Team (ALWTRT) recommended 
modifications to the ALWTRP to further reduce whale entanglement. The 
intent of this interim final rule is to implement the recommendations 
of the ALWTRT.

DATES: This interim final rule is effective January 22, 2001. Comments 
on this interim final rule must be postmarked or transmitted via 
facsimile by 5 p.m., Eastern Standard Time, on February 20, 2001. 
Comments transmitted via e-mail will not be accepted.

ADDRESSES: Send comments on this interim final rule to the Chief, 
Marine Mammal Division, NMFS, Office of Protected Resources, 1315 East-
West Highway, Silver Spring, MD 20910. Copies of the Environmental 
Assessment, ALWTRT meeting summaries, progress reports on 
implementation of the ALWTRP, and a map and table of the changes to the 
ALWTRP may be obtained by writing Douglas Beach, NMFS/Northeast Region, 
1 Blackburn Dr., Gloucester, MA 01930 or Katherine Wang, NMFS/Southeast 
Region, 9721 Executive Center Dr., St. Petersburg, FL 33702-2432.
    Send comments regarding any ambiguity or unnecessary complexity 
arising from the language used in this interim final rule to the Marine 
Mammal Division Chief at the previously listed address. See 
SUPPLEMENTARY INFORMATION for Internet addresses pertaining to this 
interim final rule.

FOR FURTHER INFORMATION CONTACT: Douglas Beach, NMFS, Northeast Region, 
978-281-9254; Katherine Wang, NMFS, Southeast Region, 727-570-5312; or 
Patricia Lawson, NMFS, Office of Protected Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Several of the background documents for this interim final rule and 
the take reduction planning process can be downloaded from the ALWTRP 
web site at http://www.nero.nmfs.gov/whaletrp/. Copies of the most 
recent marine mammal Stock Assessment Reports may be obtained by 
writing to Richard Merrick, NMFS, 166 Water St., Woods Hole, MA 02543 
or can be downloaded from the Internet at http://www.nmfs.noaa.gov/prot_res/mammals/sa_rep/sar.html.

Background

    The ALWTRP was developed pursuant to the Marine Mammal Protection 
Act (MMPA) to reduce the level of serious injury/mortality of all 
whales in four East Coast lobster trap and finfish gillnet fisheries. 
The background for the take reduction planning process and development 
of the ALWTRP is set out in the preamble to the proposed (62 FR 16519, 
April 7, 1997), interim final (62 FR 39157, July 22, 1997), and final 
(64 FR 7529, February 16, 1999) rules implementing the ALWTRP. 
Additional information is available in the report from the ALWTRT after 
its initial series of meetings in 1996 and 1997. Copies of these 
documents and supporting Environmental Assessments are available from 
the NMFS/Northeast Region contact in the ADDRESSES section of this 
document.
    Since the ALWTRP final rule was published in February 1999, 
entanglements of whales have continued to occur. The four whale species 
protected by the ALWTRP are the northern right whale, the humpback 
whale, and the fin whale which are listed as endangered pursuant to the 
Endangered Species Act (ESA), and the minke whale. Because of the 
critical status of the right whale population, there is an urgent need 
to reduce entanglement. The impacts of the gear modifications required 
by this rule (buoy line weak links, net panel weak links with anchoring 
systems, restrictions on number of buoy lines, and gear marking) were 
analyzed in the 1997 proposed and 1999 final rules and were available 
for public comment. In addition, through the ALWTRT process, 
representatives of all stakeholder groups directly affected by the 
ALWTRP participated in development of the consensus recommendations 
implemented by this interim final rule. Because of the continued 
entanglements of whales, the Assistant Administrator for Fisheries, 
NOAA (AA) has determined that it would be contrary to the public 
interest to delay this interim final rule to provide prior notice and 
an opportunity for public comments. However, rather than issuing a 
final rule the AA is issuing an interim final rule to allow public 
comments to be received and considered before this rule is made final. 
The final rule will be incorporating the most current gear technology 
that has been tested and confirmed to be valid for reducing whale 
entanglements.

Recent Information on Entanglement and Right Whale Population 
Status

    Section 118 of the MMPA requires NMFS to monitor the incidental 
take of U.S. marine mammal stocks. Through the monitoring process, NMFS 
obtains data on annual serious injury/mortality of these stocks which 
is then analyzed and prepared in accordance with the Stock Assessment 
Report (SAR) process established in Section 117 of the MMPA. Data 
presented in the SARs are then used for establishing take reduction 
teams, preparing take reduction plans, and monitoring the progress of 
those plans. A copy of the most recent SAR can be obtained from the 
mail or web site contacts listed in the ADDRESSES section.
    NMFS prepared a summary of the 1999 entanglement events for the 
ALWTRT's February 2000 meeting. The most recent summary of the 1999 
events is available on the ALWTRP web site listed in the ADDRESSES 
section. A summary of the 2000 events will be provided to the ALWTRT at 
its next meeting. Information on some of the 1999 and 2000 events is 
also available on the web page of NMFS' whale disentanglement 
contractor, the Center for Coastal Studies, at http://www.coastalstudies.org/.
    In 1999, six confirmed right whale entanglements, nine confirmed 
humpback whale entanglements, three confirmed fin whale entanglements, 
and four confirmed minke whale entanglements were reported by the 
Center for Coastal Studies. NMFS has determined that one of the right 
whale entanglements resulted in mortality which is attributable to 
gillnet gear regulated by the ALWTRP; this entanglement is described in 
greater detail here.
    As of September 8, 2000, six confirmed right whale entanglements, 
11 confirmed humpback whale entanglements, zero confirmed fin whale 
entanglements, and five confirmed minke whale entanglements have been 
reported for 2000.

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Information Specific to Right Whales

    The northern right whale is the rarest of all large cetaceans and 
one of the most endangered species in the world. The size of the 
Western North Atlantic population has most recently been estimated at 
291 animals (Kraus et al., In press). In October 1999, the Scientific 
Committee of the International Whaling Commission (IWC) hosted a 
workshop on the status and trends in this population (IWC In press) and 
concluded that survival has declined. Due to the decline in survival 
resulting from continuing mortality coupled with poor reproduction (as 
evidenced by the decline in calving rates and increase in calving 
interval), the Atlantic Scientific Review Group recommended that the 
potential biological removal (PBR) level for this population be reduced 
from 0.4 individuals per year to zero in the 2000 SAR.
    Approximately one-third of all known right whale mortality is 
caused by human activities (Kraus, 1990), the most significant of which 
are ship strikes and fishing gear entanglements. Furthermore, the small 
population size and low annual reproductive rate suggest that human 
sources of mortality may have a greater effect on population growth 
rates of the right whale than on those of other whales (IWC In press).
    NMFS implemented a Mandatory Ship Reporting System to help protect 
right whales on July 1, 1999. Commercial ships 300 tons and greater are 
required to report to a shore-based station when entering designated 
right whale critical habitats. When the officers of the ship report in, 
they are provided with the latest whale sightings and advice on how to 
avoid a collision with the right whales.
    With regard to assessing the effectiveness of the ALWTRP, two 
recent right whale entanglements are particularly significant. The 
first involves an adult female that was first sighted entangled in sink 
gillnet gear in the Cultivator Shoals area off Massachusetts on May 10, 
1999. Attempts to remove the gear were made several times in September 
1999 in Canada, and some gear was removed. However, the animal's 
injuries were substantial and it was found floating dead off New Jersey 
in October 1999.
    Another right whale was sighted floating dead, entangled in fishing 
gear (type not determined) on January 19, 2000, off Rhode Island. The 
carcass could not be recovered and examined due to inclement weather, 
therefore the agency could not determine whether the entanglement 
caused the death.

Take Reduction Planning Activities in 1999 and 2000

    The ALWTRP creates a regulatory (e.g., gear restrictions, closures) 
and non-regulatory (e.g., disentanglement, gear research) framework for 
reaching the MMPA take reduction goals, including the short-term goal 
of achieving the PBR level and the long-term goal of reaching a zero 
mortality rate. The regulatory elements of the ALWTRP implemented by 
the 1999 final rule included time/area closures in right whale critical 
habitats and a series of gear modifications for lobster and gillnet 
gear.
    Pursuant to Section 118(f)(7)(E) and (F) of the MMPA, NMFS has 
reconvened the ALWTRT periodically to monitor progress of the ALWTRP 
and to make recommendations for improvements. The ALWTRT met on 
February 8-10, 1999, to review gear modifications, gear research 
progress, and entanglements that occurred since the publication of the 
1997 interim final rule. On April 9, 1999 (64 FR 17292), NMFS published 
a partial stay for the gear marking requirements in the northeast U.S. 
fisheries until November 1, 1999, to allow time for modifications to 
the requirements to be developed. On December 30, 1999 (64 FR 73434), 
NMFS extended the suspension until November 1, 2000 to allow for 
additional developmental time. On November 22, 2000 (65 FR 70316), NMFS 
removed and reserved the gear marking system indefinitely. The removal 
did not apply to required gear marking regimes in the Southeast U.S., 
which remains in effect. The gear marking system implemented by this 
interim final rule replaces the one in the final rule for northeast 
fisheries and is described later in this document.
    At the February 2000 meeting, the ALWTRT reached consensus on a 
number of improvements to the final rule which could be implemented 
without further research as well as more advanced concepts that require 
additional research and field-testing prior to implementation. The 
ALWTRT provided detailed recommendations for short-term measures, which 
are the subject of this interim final rule, and an outline for long-
term measures. For more information on the range of options discussed 
by the ALWTRT, readers should refer to the February 2000 meeting 
summary which is available from the NMFS Northeast Regional Office 
contact provided in the ADDRESSES section. To facilitate more thorough 
discussion of area-specific issues, the ALWTRT split into three sub-
groups covering the New England, Mid-Atlantic, and Southeast Areas.
    The ALWTRT did not fully discuss gillnet measures for the Mid-
Atlantic and Southeast areas at the February 2000 meeting. However, the 
sub-groups for these areas met subsequently (August 25, 2000, and July 
24, 2000, respectively) and have provided recommendations to the whole 
ALWTRT for its review. The Northeast subgroup of the ALWTRT also met on 
April 11, 2000, and May 22-23, 2000, to discuss modification to the 
time/area closure component of the ALWTRP for the New England area.
    Although NMFS intends to consider the recommendations of the three 
sub-groups after they have been fully vetted by the whole ALWTRT, this 
information was not available at the time this interim final rule and 
supporting analyses were prepared. NMFS has decided to move forward 
with the consensus recommendations from the February 2000 meeting 
without waiting for the additional sub-group recommendations in order 
to address the urgent need for additional protection for the northern 
right whale. Recommendations from the April-August 2000 sub-group 
meetings will be addressed in future rulemaking.
    Thus, this interim final rule only implements the ALWTRT's 
recommendations for lobster trap gear in New England and the Mid-
Atlantic and for anchored gillnet gear in New England. These measures 
are described in detail here. Readers should refer to the Environmental 
Assessment prepared for this interim final rule for a discussion of 
impacts of this action on the environment.

Changes Recommended by the Atlantic Large Whale Take Reduction Team 
for Lobster Trap Gear

    The ALWTRT reached consensus on the following amendments to the 
ALWTRP lobster trap gear restrictions for each time/area combination 
outlined here. Further discussion on the rationale for many of the 
changes recommended by the ALWTRT is provided in the Rationale section.

Northern Inshore State Lobster Waters

    The ALWTRT establishes an area called the ``Northern Inshore State 
Lobster Waters Area'' that includes the state-water portions of 
Management Areas 1 and 2 in the American Lobster Fishery regulations 
(64 FR 68228, December 6, 1999) not otherwise included in the right 
whale critical habitat. This area does not include the portions of 
Rhode Island waters that are currently exempted from the ALWTRP

[[Page 80370]]

regulations. Based on the best available information, the ALWTRT 
believes that the threat of entanglement of right whales in New England 
state waters, with the exception of CCB in the winter, is small enough 
that no additional gear restrictions are needed at this time.
    The ALWTRT recommended that state-water vessels comply with the 
Lobster Gear Take Reduction Technology List from the February 1999 
final rule (one option), with the following exceptions: (1) the buoy 
line weak link option maximum breaking strength changed from 1100 lbs 
(489.8 kg) to 600 lbs (272.4 kg), and (2) buoy line weak links must 
break to produce a knotless end. No gear marking was recommended by the 
ALWTRT for lobster trap gear in the Northern Inshore State Lobster 
Waters Area.
    The ALWTRT also suggested that fishers be encouraged to maintain 
the buoy lines as knot-free as possible, with splices preferable to 
knots.

Cape Cod Bay Restricted Area

    The ALWTRT recommended measures for the CCB Restricted Area, which 
is the same as the area of CCB designated as right whale critical 
habitat. As in the final rule, these measures are divided into two 
categories; the peak and off-peak periods of right whale abundance.
    The ALWTRT did not recommend additional measures for the peak 
period of right whale abundance (January 1 - May 15) in the CCB 
Restricted Area. For monitoring purposes, a gear marking system was 
recommended to be implemented. Thus, all buoy lines must be marked with 
a red mark midway along all lobster trap buoy lines; this is the same 
color required for the Northern Nearshore Lobster Waters Area. The gear 
marking system is discussed in greater detail here.
    For the off-peak period (May 16 - December 31), the ALWTRT divided 
the CCB Restricted Area into state and Federal waters. For the state-
water portion, the ALWTRT recommended that the Lobster Take Reduction 
Technology List in the February 1999 final rule be maintained, but that 
the number of requirements from the list be reduced from two to one so 
that the requirements would be similar to those for the Northern 
Inshore State Lobster Waters Area during the off-peak period. Changes 
to the Lobster Take Reduction Technology List described in this 
document also apply to lobster gear set in the state-water portion of 
the CCB Restricted Area during the off-peak period. For consistency 
with requirements for Northern Inshore State Lobster Waters, no gear 
marking is required for the state-water portion of CCB during the off-
peak period.
    For the Federal-water portion of the CCB Restricted Area during the 
off-peak period, the ALWTRT recommended that lobster trap gear set in 
this area be required to comply with the requirements for the Northern 
Nearshore Lobster Waters Area. The ALWTRT recommended different 
measures for the Federal-water portion because, although all four whale 
species protected by the ALWTRP might occasionally enter the state-
water portion of the area during the off-peak period for right whales, 
the best available information suggests that most sightings of all 
whale species in this time/area have been in the Federal-water portion. 
The ALWTRT also recognized that the Commonwealth of Massachusetts 
monitors concentrations of whales that are sighted in the state-water 
portion of the area during the off-peak period and notifies NMFS and 
fishermen of the whales' locations. Gear marking (red) midway on buoy 
lines is required for lobster trap gear set in the Federal-water 
portion of CCB during the off-peak period.

Great South Channel Restricted Lobster Area

    Management of the GSC Restricted Lobster Area for lobster trap gear 
maintains the right whale critical habitat area as one unit. For 
monitoring purposes, the ALWTRT recommended that all lobster trap buoy 
lines set in this time/area be marked with a black mark midway along 
each buoy line. This is the same mark required for the Offshore Lobster 
Waters Area.
    The ALWTRT did not make any recommendations for adjustments in the 
GSC Restricted Lobster Area during the peak right whale period. 
Therefore, the area remains closed to lobster trap gear until NMFS 
``determines that alternative fishing practices or gear modifications 
have been developed that reduce the risk of serious injury or mortality 
to whales to acceptable levels'' (64 FR 7534).
    For the off-peak period (July 1 - March 31) of right whale 
abundance in the GSC Restricted Lobster Area, the ALWTRT recommended 
that requirements for this time/area (choosing two options from the 
Lobster Gear Technology List) be replaced with a mandatory requirement 
for knotless buoy line weak links. The maximum breaking strength of 
3780 lb (1714.3 kg) for this buoy line weak link requirement is the 
same as in the technology list from the final rule.
    The ALWTRT also recommended, and NMFS is currently undertaking, 
research on the actual operational forces experienced in the offshore 
lobster fishery to determine options for reduced breaking strength.

Stellwagen Bank/Jeffreys Ledge Restricted Area

    Readers should refer to the Northern Nearshore Lobster Waters Area 
discussion below for new measures applicable to the Stellwagen Bank/
Jeffreys Ledge Restricted Area. NMFS also maintains the Stellwagen 
Bank/Jeffreys Ledge Restricted Area designation from the final rule 
because of its significance as a high-use habitat for whales and the 
need to maintain the flexibility to implement protective measures in 
the future.

Northern Nearshore Lobster Waters Area

    The ALWTRT recommended that NMFS establish an area called the 
``Northern Nearshore Lobster Waters Area'' to encompass the federal-
water portion of EEZ Nearshore Management Area 1, Area 2, and the Outer 
Cape Lobster Management Area as defined in the lobster fishery 
management plan, excluding the critical habitat areas and the 
Stellwagen Bank/Jeffreys Ledge Restricted Area. This area does not 
include the Area 2/3 Overlap from the lobster fishery management plan; 
instead Area 2/3 is included in the Offshore Lobster Waters Area.
    For reduction of entanglement risk from lobster trap gear set in 
the Northern Nearshore Lobster Waters Area, the ALWTRT recommended that 
the technology list strategy from the final rule (one option required) 
be replaced with the following mandatory modifications: (1) Breaking 
strength of the weak link at the buoy is decreased from 1100 lb (498.8 
kg) to 600 lbs (272.4 kg); (2) the weak link must break to produce a 
knotless end; (3) no single traps are prohibited; and (4) multiple-trap 
trawls with two to five traps can only have one buoy line. For 
monitoring purposes, the ALWTRT recommended marking all vertical lines 
midway in the water column with a red mark. The ALWTRT also suggested 
that fishers be encouraged to maintain the buoy lines as knot-free as 
possible, with splices preferable to knots.
    The ALWTRT determined that requiring this new set of gear 
modifications in areas where whales may not be concentrated, but are 
likely to be transiting, would significantly reduce the risk of serious 
injury/mortality to these animals due to entanglement in lobster trap 
gear.

[[Page 80371]]

Southern Nearshore Lobster Waters

    The ALWTRT recommended that NMFS change the name of the area 
designated as ``Southern Inshore Lobster Waters'' in the February 1999 
final rule to ``Southern Nearshore Lobster Waters Area'' and revise the 
boundaries to be consistent with the American Lobster Fishery 
regulations. The Southern Nearshore Lobster Waters Area encompasses 
both the state- and Federal-water portions of EEZ Nearshore Management 
Areas 4 and 5 (as defined in the American Lobster Fishery regulations), 
excluding the waters currently exempted from regulation under the 
ALWTRP.
    The ALWTRT did not recommend splitting the Southern Nearshore 
Lobster Waters Area into state and Federal waters because it did not 
recommend different modifications for these zones at this time. The 
only change the ALWTRT recommended for reduction of entanglement risk 
in this area is that the lobster trap gear must comply with one option 
from the technology list. For monitoring purposes, the ALWTRT 
recommended marking of buoy lines of lobster trap gear set in this area 
with an orange mark midway along the length of the buoy line.

Offshore Lobster Waters Area

    The ALWTRT recommended the area designated as the ``Offshore 
Lobster Waters Area'' to encompass both the area represented by EEZ 
Offshore Management Area 3 and the Area 2/3 Overlap as defined in the 
American Lobster Fishery regulations. However, for the purposes of the 
ALWTRP, the GSC Restricted Lobster Area is maintained as a separate 
area.
    The February 1999 final rule required that lobster trap gear set in 
this area comply with one option from the technology list. The ALWTRT 
recommended the following changes for entanglement risk reduction in 
this area: (1) The 3780 lb (1714.3 kg) buoy line weak link is now 
mandatory, and (2) the weak link must break to produce a knotless end. 
The ALWTRT also recommended that research be done by using load cells 
to test actual strain on offshore gear with the intent to provide 
options for lowering the breaking strength of the buoy line weak link. 
For monitoring purposes, the ALWTRT also recommended that buoy lines be 
marked with a black mark midway along the buoy line. For voluntary 
measures, the ALWTRT recommended that fishers be encouraged to maintain 
buoy lines as knot-free as possible, with splices preferable to knots.

Changes Recommended by Atlantic Large Whale Take Reduction Team for 
Northeast Anchored Gillnet Gear

    The ALWTRT recommended that NMFS amend the ALWTRP restrictions 
applicable to anchored gillnet gear in the Northeast. In changing the 
gear restrictions for the Northeast anchored gillnet fisheries, the 
ALWTRT replaced the gillnet technology list options with mandatory 
items. Unlike the strategy for lobster pot gear, the ALWTRT did not 
recommend a distinction between state and Federal waters in the 
Northeast for gillnet gear. The ALWTRT did recommend establishing an 
area called the ``Other Northeast Gillnet Waters Area'' to encompass 
Northeast waters other than the critical habitats and the Stellwagen 
Bank/Jeffreys Ledge Restricted Area, which was formerly designated as 
``Other Northeast Waters Area''. The ALWTRT also recommended that the 
gillnet gear restrictions for the right whale critical habitat areas 
and Stellwagen Bank/Jeffreys Ledge Restricted Area be the same as those 
recommended for the Other Northeast Gillnet Waters Area.
    Although new measures for anchored gillnet gear in the Mid-Atlantic 
and Southeast were discussed by the ALWTRT at the February 2000 
meeting, the ALWTRT did not reach consensus. The Southeast subgroup met 
on July 24, 2000, and the Mid-Atlantic subgroup met on August 25, 2000. 
NMF S will incorporate their recommendations into future rulemaking for 
the ALWTRP.
    The following is a discussion of the changes for each combination 
of time/area closures. Further discussion of the rationale for many of 
the changes recommended by the ALWTRT is provided in a following 
section entitled ``General Rationale for Gear Modification Changes''.

Cape Cod Bay Restricted Area

    The ALWTRT recommended measures for anchored gillnet gear set in 
the CCB Restricted Area, which is the area of CCB designated as right 
whale critical habitat. These measures are divided into two categories 
for peak and off-peak periods of right whale abundance.
    The peak period in this area, or spring restricted period, is 
January 1 - May 15. The closure for anchored gillnet gear in this time/
area is unchanged from the February 1999 final rule.
    For the off-peak period (May 16 - December 31), the ALWTRT 
recommended replacing the technology list option strategy from the 
final rule (two options required) with the mandatory gear requirements 
for entanglement risk reduction described below in the Other Northeast 
Gillnet Waters Area section. For monitoring purposes, the ALWTRT also 
recommended that all anchored gillnet gear set in this area be marked 
with a green marking midway along each buoy line. This is the same 
marking required for the Other Northeast Gillnet Waters Area.

Great South Channel Restricted Gillnet Area

    The GSC Restricted Gillnet Area is the area designated as right 
whale critical habitat with the exception of the ``Sliver'' along the 
western boundary. The ALWTRT recommended that this separation be 
maintained. The Sliver recommendations are discussed here. The ALWTRT 
did not recommend changes to the area boundaries; however, ALWTRT 
members did recommend criteria for modification of closure timing.
    During the spring restricted period (April 1 - June 30), anchored 
gillnet gear is prohibited in this area under the ALWTRP until NMFS 
``determines that alternative fishing practices or gear modifications 
have been developed that reduce the risk of serious injury or mortality 
to whales to acceptable levels'' (64 FR 7529, February 16, 1999). The 
area is also currently closed under Framework Adjustment 23 to the 
Northeast Multispecies Fishery Management Plan (FMP) as discussed here.
    During its 1999 and 2000 deliberations, the ALWTRT agreed upon 
criteria, based on right whale sightings, which the AA could use to 
open the area early or extend the closure through July 7. The 
additional flexibility was requested by the ALWTRT for this time/area, 
which is currently heavily restricted by other measures for groundfish 
conservation under the Multispecies FMP. The ALWTRT recommended that 
consideration be given to relaxing the closure to allow access to the 
fishing grounds if NMFS determines that right whales have left the 
area. Conversely, if observations from surveys indicate that the right 
whales are remaining in the closure area longer than anticipated, the 
closure could be extended through July 7.
    After reviewing the ALWTRT's recommendations, the Biological 
Opinion requirements, and the requirements still effective under 
Framework 23, NMFS has chosen not to incorporate the closure 
modification criteria recommended by the ALWTRT for the GSC Restricted 
Gillnet Area. This decision is based in part on the significance that 
NMFS has placed on

[[Page 80372]]

the GSC right whale critical habitat area pursuant to the ESA review 
and also on the concern that closure modification criteria should be 
considered in a consistent manner for all closures in the ALWTRP. 
Accordingly, NMFS prefers to address criteria for modifying the GSC 
Restricted Gillnet Area closure in the context of an ongoing 
examination of the administration of all closures currently in place in 
the ALWTRP or which may be developed in the future under such measures 
as dynamic area management (in-season modifications) recently discussed 
by the ALWTRT.
    For the off-peak period (July 1 - March 31), the ALWTRT recommended 
that the technology list strategy from the final rule (two options 
required) be replaced with the mandatory gear requirements for 
entanglement risk reduction described below in the Other Northeast 
Gillnet Waters Area. For monitoring purposes, the ALWTRT also 
recommended that all anchored gillnet gear set in this area be marked 
with a green mark midway along each buoy line. This is the same marking 
required for the Other Northeast Gillnet Waters Area.

Great South Channel Sliver Restricted Area

    The ALWTRT did not recommend any additional risk reduction 
modifications for anchored gillnet gear exclusive to this area. Readers 
should refer to the Other Northeast Gillnet Waters Area discussion 
below for new measures that apply to the GSC Sliver Restricted Area. 
Gear marking requirements (green) for this area are the same as for the 
Other Northeast Gillnet Waters Area.

Stellwagen Bank/Jeffreys Ledge Restricted Area

    The ALWTRT did not recommend any additional risk reduction 
modifications for anchored gillnet gear exclusive to this area. Readers 
should refer to the Other Northeast Gillnet Waters Area discussion for 
new measures that apply to the Stellwagen Bank/Jeffreys Ledge area. 
NMFS also maintains the Stellwagen Bank/Jeffreys Ledge Restricted Area 
designation because of its significance as a high-use habitat for 
whales. Gear marking requirements (green) are the same as for the Other 
Northeast Gillnet Waters Area.

Other Northeast Gillnet Waters Area

    The Other Northeast Gillnet Waters Area, previously included as the 
``Other Northeast Waters Area'' in the February 1999 final rule, 
encompasses those waters of the Northeast Region (Maine through and 
including Virginia) not otherwise included in the CCB Restricted Area, 
GSC Restricted Gillnet Area, GSC Sliver Restricted Area, Stellwagen 
Bank/Jeffreys Ledge Restricted Area, Mid-Atlantic Coastal Waters Area, 
or exempted waters. For this area, the ALWTRT recommended reducing 
entanglement risk by replacing the technology list strategy from the 
final rule (one option required) with mandatory gear modifications. The 
new mandatory gear requirements for anchored gillnet gear set in this 
area are: (1) knotless buoy line weak links with a breaking strength no 
greater than 1100 lb (498.8 kg); (2) net panel weak links, with a 
breaking strength no greater than 1100 lb (498.8 kg), placed in the 
center of the headrope section on each net panel; and (3) for strings 
of 20 or fewer nets, each end of the string must be anchored with 
either a Danforth-style anchor with the holding power of at least 22 lb 
(10.0 kg), dead weights weighing at least 50 lb (22.7 kg), or a lead 
line weighing at least 100 lb (45.4 kg) per 300 feet (91.4 m). For 
monitoring purposes, the ALWTRT recommended that all anchored gillnet 
buoy lines set in this area be marked with a green marking midway in 
the water column. The ALWTRT also suggested that fishers be encouraged 
to maintain buoy lines as knot-free as possible, with splices 
preferable to knots.
    The weak link-breaking strength is the same as the buoy line and 
net panel weak link options in the technology list in the February 1999 
final rule. The ALWTRT requested that stress load research be conducted 
by the end of 2000 with the intent of providing options for lowering 
the maximum weak link breaking strength. Results from ongoing testing 
are expected in late 2000. The placement of the net panel weak link at 
the center of each panel is a change from the February 1999 final rule, 
which required that the weak link be placed between net panels.

General Rationale for Gear Modification Changes

Buoy Line Weak Links

    The weak link at the buoy increases the likelihood that a line 
sliding through a whale's mouth will break away quickly at the buoy 
before the whale begins to thrash and become more entangled. It is also 
expected to reduce risk in cases where a whale gets line wrapped around 
an appendage at a point close to the buoy. The weak link would only be 
effective when sufficient resistance is created by the weight and drag 
of the gear to exceed the breaking strength of the weak link.
    The 1100 lb (489.8 kg) breaking strength in the 1997 interim final 
rule was recommended by the Gear Advisory Group (GAG) at its original 
meeting in June 1997 as a ``best available practice'' which could be 
used in the gear technology lists. The decrease in the buoy line weak 
link breaking strength for nearshore lobster trap gear is based on 
information collected by the ALWTRP gear research program which 
suggests that the 1100 lb (489.8 kg) breaking strength required in the 
previous rule is higher than necessary for the nearshore lobster 
fishery.
    The required breaking strength of 3780 lb (1714.3 kg) for the 
offshore lobster buoy line weak links is the same as that specified in 
the Lobster Take Reduction Technology List in the February 1999 final 
rule. This option was developed based on a recommendation from the GAG 
at its June 1997 meeting for 0.5 in (1.27 cm) polypropylene line, which 
has a breaking strength of approximately 3780 lb (1714.3 kg). Initial 
testing conducted by NMFS suggests that this breaking strength can be 
lowered for these gear types while still allowing the gear to be 
effectively used. However, the ALWTRT requested further testing for 
extreme conditions. In response to the ALWTRT's request, NMFS is 
conducting further testing to investigate loads encountered in offshore 
gear to determine if a lower breaking strength may be effectively used 
in the fishery.
    The required breaking strength of 1100 lb (498.9 kg) for the 
anchored gillnet gear buoy line weak links is the same as that 
specified in the Gillnet Take Reduction Technology List in the February 
1999 final rule. This option was developed based on a recommendation 
from the GAG at its June 1997 meeting. The NMFS gear research staff is 
conducting further testing of gillnet weak links along with the 
offshore lobster testing mentioned above.
    The NMFS gear research staff has tested various types of buoy line 
weak links and provided fishers with a list of tested devices that 
include swivels, plastic weak links, rope of appropriate diameter, hog 
rings, and rope stapled to a buoy stick. Fishers must use one of these 
options or request approval of another option in writing from the AA. 
NMFS gear staff will assist fishers in determining whether alternative 
devices will work as a weak link and provide them with feedback on 
whether the breaking strength is in compliance with current ALWTRP 
regulations.
    Buoy line weak links are required to be knotless when the weak link 
fails because a weak link that breaks but

[[Page 80373]]

leaves a knot or other obstruction at the end of the line leading down 
to the gear would have reduced effectiveness. A knot or piece of a 
broken link could become lodged in the whale's baleen or around an 
appendage and prevent the line from slipping through. Observations of 
right whale jaw anatomy suggest that even a knotless line would be 
difficult to pull through a whale's mouth when the jaw is clamped shut. 
Testing on baleen obtained from stranded whale carcasses has shown that 
knots hinder the passage of line through the baleen. This interim final 
rule does not require buoy line weak links for lobster trap gear during 
the peak period of right whale abundance in the CCB Restricted Area to 
be knotless because such a requirement would conflict with the 
Commonwealth of Massachusetts regulations for lobster trap gear in this 
time/area. The Massachusetts regulations currently allow certain types 
of knots as part of one of the weak link options.

Buoy Lines

    The ALWTRT initially recommended requiring knot-free buoy lines, 
but changed to the recommendation to voluntary because fishers need to 
repair and re-tie buoy lines frequently at sea. The knot-free buoy line 
concept is similar to the breakaway buoy concept, where the objective 
is to keep knots from hanging up in a whale's baleen or around an 
appendage and preventing the line from sliding out.
    In some cases, fishers prefer splices to knots because splices are 
stronger. NMFS is also recommending the use of splices wherever 
possible because splices are not likely to increase entanglement 
threat. However, connecting lines using a splice is not practicable 
while gear is being hauled, so splicing, if used at all, is 
preferentially done on land during seasonal overhaul or as new gear is 
added. Although concepts for devices to join lines quickly at sea have 
been proposed, none are yet developed; therefore, there is currently no 
feasible way to join lines quickly other than knotting. NMFS will 
continue to investigate line connecting alternatives and may require 
knotless buoy lines in the future if a reasonable substitute for knots 
is developed.

Net Panel Weak Links and Anchoring Requirements

    Weak links in the center of each 50-fathom (300 ft = 91.4 m) net 
panel floatline (headrope) are expected to break when a whale exerts 
pressure in opposition to the resistance provided by the anchoring 
system and weight of the gear. The weak link would allow the floatline 
to part and unravel from the net mesh when a whale encounters any 
section of the gear. The net mesh would then be free of the stronger 
floatline and a large whale would have a better chance of breaking free 
of the weaker monofilament mesh.
    The net panel weak link requirement contained in this interim final 
rule specifies a breaking strength of no more than 1100 lb (498.8 kg). 
This breaking strength is a significant reduction from the floatline 
strength typically used in sink gillnet gear, which ranges from 1700 lb 
(771.8 kg) to 2500 lb (1135 kg). The use of weak links is not expected 
to hinder retrieval of the gear, as gillnetters will be able to haul 
their gear by the lead line in each net panel and the full-strength 
bridles between the net panels.
    When a whale encounters a net panel, the pressure exerted by the 
whale will not necessarily be right at the weak link, and the part of 
the headrope containing the weak link will not necessarily be in the 
whale's mouth. Therefore, these weak links do not need to be knotless.
    The anchoring requirement is intended to create sufficient 
resistance to allow the net panel weak links to break when at least 
1100-lb (498.8 kg) of pressure is exerted by a whale on net strings of 
20 or fewer net panels. The specified anchoring system is only required 
for net strings of 20 or fewer nets because NMFS gear research has 
shown that, for strings of greater than 20 net panels, the 1100 lb 
(498.8 kg) force necessary to break the weak link is reached solely by 
the weight and resistance of the gear itself, rendering additional 
resistance from anchors unnecessary.
    The net panel weak links are required in the center of each net 
panel floatline, rather than between net panels as was specified for 
the gillnet technology list option in the February 1999 final rule. The 
ALWTRT recommended changing the placement of the net panel weak links 
because a weak link placed at the bridle might cause a failure at a 
point in the gear which is critical for safe hauling of the gear and 
would reduce chances of lost gear. Furthermore, in cases where a whale 
hits the gear near a weak link in the floatline, a breaking point 
within that floatline would maximize the chance for the whale to break 
away from the net as soon as possible, before becoming entangled in the 
mesh. Once a whale becomes entangled in the mesh, there is a greater 
chance that other parts of the gear, including the heavier lines will 
contribute to the seriousness of the entanglement. This theory is also 
based on observations of the flexibility and mobility of net strings 
along the ocean floor, where the nets become bowed with the current 
rather than remain in a rigid straight line. A whale exerting force on 
a net string would move the net before breaking it. During that period 
of movement, a net without weak links is likely to wrap along either 
side of the whale. With a weak link at the bridle, which is much 
shorter than the net panel sections, there is a greater chance that a 
whale would come away wrapped in sections of the net.
    At this time, information is not available on the ideal breaking 
strength for different locations along a string of nets, the ideal 
number of weak links, or for all oceanographic conditions. The ALWTRT 
requested further testing on these parameters for New England waters 
and to determine appropriate configurations for the Mid Atlantic.

Single Traps and Multiple-trap Trawls

    Prohibiting single pots in Federal waters reduces the number of 
buoy lines in the water column. Trap trawls of up to, and including, 
five traps have only one buoy line, which accomplishes the goal of 
reducing the number of lines in the water column. The ALWTRT 
recommended this consensus measure as a reasonable means of reducing 
the entanglement risk represented by vertical lines in nearshore waters 
where large whale movements predominantly occur in summer and fall. 
Although NMFS has limited information on the number of single traps in 
use in Federal waters at this time, it is known that single traps are 
used in some areas. Therefore, lobster trap vessels operators who 
decide to continue fishing in federal waters must reconfigure the gear 
into multiple-trap trawls, thereby reducing the number of buoy lines in 
the water.

Gear Marking

    As noted earlier, on April 9, 1999 (64 FR 17292), NMFS published a 
partial stay suspending the gear marking requirements for the northeast 
U.S. fisheries until November 1, 1999 to allow time for developing 
modifications to the requirements. On December 30, 1999 (64 FR 73434), 
the suspension was extended until November 1, 2000 to allow for 
additional developmental time. On November 22, 2000 (65 FR 70316), a 
final rule was published removing and reserving the gear marking system 
indefinitely. The system provided in the February 16, 1999, final rule 
(64 FR 7529) involved two-part color markings (one for fishery and one 
for area) placed in two places on each

[[Page 80374]]

buoy line but did not provide individual vessel identification. NMFS 
agreed to the ALWTRT's request for a suspension of the gear marking 
requirements to allow for further study of alternative systems which 
would provide identification of individual vessels and be less complex. 
Individual identification is still preferred to maximize information on 
when and where gear was set as well as to provide a description of the 
modification in use. However, it has proven difficult to find a marking 
material that can be placed on lines without interfering with fishing 
operations or creating a safety hazard. Therefore, the ALWTRT 
recommended a simpler system involving a one-color marking placed in 
one location, midway on each buoy line for all lobster trap gear 
(except lobster trap gear in Northern Inshore State Lobster Waters and 
in the state-water portion of the CCB Restricted Area during the off-
peak period) and for all Northeast anchored gillnet gear. The one-color 
marking indicates both area and gear type, where previously a two-color 
code was required. For example, lobster trap gear set in the Northern 
Nearshore Lobster Waters Area must have a red mark, and, by contrast, 
lobster trap gear in the Southern Nearshore Lobster Waters Area must 
have an orange mark.
    With regard to markings which yield individual vessel information, 
many of the state and Federal fishery management plans currently 
require marking of buoys and/or traps with individual vessel 
identification. Additionally, some plans require tags for gillnet gear 
when there are caps on the number of net sets in a certain area for 
effort reduction. NMFS plans to work with state fisheries agencies to 
investigate the plans coastwide and identify gaps in marking of surface 
gear, gillnets, and traps. This information will be presented to the 
ALWTRT and GAG for future consideration.
    The ALWTRT had originally discussed the need to mark gear in such a 
way that there would be enough markings on the buoy lines and 
groundlines that the sections of line likely to be found on a whale 
would be marked with individual vessel identification. However, at the 
February 2000 meeting, the ALWTRT recognized that a marking system 
extensive enough to meet those requirements had not yet been developed. 
Consequently, the ALWTRT recommended requiring only one marking per 
buoy line and did not recommend markings for groundlines at this time.
    The NMFS gear research program has provided options for marking or 
affixing the gear marking color code that include dye, paint, thin 
colored line whipped around the buoy line or woven through it, thin 
colored plastic, or heat shrink tubing.

0ther Entanglement Reduction Measures not Specified in this Plan

    Several fishery management plans affect the level of fixed gear 
effort and, therefore, the level of entanglement risk to large whales 
protected by the ALWTRP. These plans and several specific actions are 
described in the preamble to the February 16, 1999, final rule (64 FR 
7529). NMFS has also implemented the Harbor Porpoise Take Reduction 
Plan (63 FR 66464) which contains additional gillnet fishing effort 
reduction in New England and the Mid-Atlantic.

Changes from the February 1999 Final Rule

    With this interim final rule, NMFS is implementing the 
recommendations of the ALWTRT described for lobster trap gear 
throughout the range of the American lobster fishery and for anchored 
gillnet gear in the Northeast. Specifically, these changes are:
    1. Removal of definitions for ``Inshore Lobster Waters'', `` 
Northeast Waters'', ``Offshore Lobster Waters'', ``Southeast Waters'', 
and ``Stellwagen Bank/Jeffreys Ledge Area''. These terms are removed 
from the definitions section of the rule in favor of describing the 
areas in the area-specific sections of this interim final rule. This 
practice is consistent with the manner in which areas are described in 
the FMP regulations.
    2. Lobster area changes. The generic lobster areas are replaced 
with designations which are consistent with the area descriptions in 
the American Lobster Fishery regulations (64 FR 68228, Decenber 6, 
1999). In addition, the ALWTRT recommended that the nearshore lobster 
fishery in waters off New England states be further split into state 
and Federal waters. Thus, the north/south division line of 41 deg. 30' 
N. lat. has been removed, and the following inshore and nearshore area 
descriptions are added to be consistent with the American Lobster 
Fishery regulations: (a) the ``Northern Inshore State Lobster Waters 
Area'' includes the state waters of Maine, New Hampshire, 
Massachusetts, and Rhode Island, which fall within the Exclusive 
Economic Zone (EEZ) Nearshore Management Area 1 and/or Area 2; (b) the 
``Northern Nearshore Lobster Waters Area'' includes the Federal waters 
of EEZ Nearshore Management Areas 1 and 2 as well as the EEZ Nearshore 
Outer Cape Lobster Management Area; and (c) the ``Southern Nearshore 
Lobster Waters Area'' includes both state and Federal waters of EEZ 
Nearshore Management Areas 4 and 5. Management measures for these 
waters do not affect the exempted waters listed in Sec. 229.32 (a)(2). 
Separate areas for right whale critical habitat and the Stellwagen 
Bank/Jeffreys Ledge area are maintained. The ``Offshore Lobster Waters 
Area'' is modified to correct Points C and ZA and to add Point ZB to be 
consistent with the American Lobster Fishery regulations. It is also 
clarified that the Area 2/3 Overlap in the lobster plan is encompassed 
by the Offshore Lobster Waters Area in the ALWTRP.
    3. Prohibitions.
    The Prohibitions listed in Sec. 229.2 are modified to incorporate 
changes made with this interim final rule.
    4. Gear marking for lobster trap gear and Northeast gillnet gear. 
The gear marking system implemented for lobster trap gear (in the New 
England and Mid-Atlantic areas) and anchored gillnet gear (in New 
England areas) replaces that specified in the February 1999 final rule. 
Gear marking is required for anchored gillnet gear in the CCB 
Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, GSC 
Restricted Gillnet Area, GSC Sliver Restricted Area, and Other 
Northeast Gillnet Waters Area. Gear marking is also required for 
lobster trap gear in the Stellwagen Bank/Jeffreys Ledge Restricted 
Area, GSC Restricted Lobster Area, Northern Nearshore Lobster Waters 
Area, Southern Nearshore Lobster Waters Area, Offshore Lobster Waters 
Area, and CCB Restricted Area (whole area during the winter restricted 
period and Federal waters only during the other restricted period). For 
the above gear/area combinations, gear marking of buoy lines is changed 
from a two-color code on each buoy line to a one-color code midway 
along the buoy line. Gear marking is not required for lobster gear in 
the Northern Inshore State Lobster Waters Area or for the state-water 
portion of the CCB Restricted area during the other restricted period.
    5. Gear marking in the Southeast U.S. Observer Area. Requirements 
for markings of buoy lines and net panels in this area have been in 
effect since the publication of the February 1999 final rule. 
Therefore, NMFS has added paragraph (b)of Sec. 229.32 to maintain the 
provisions of that paragraph that were applicable to the Southeast, 
which uses a different system than that implemented with this interim 
final rule.
    6. Structural changes to the regulations. The gear modification

[[Page 80375]]

 requirement paragraphs are re-organized to bring all requirements for 
a given area closer together. Paragraph headings reflecting the 
differences between ``universal'' and ``area-specific'' requirements 
are provided, and cross-references to both gear marking and universal 
gear modification requirements are provided in a complete set of 
measures for each area.
    7. Lobster Take Reduction Technology List. Because measures for 
offshore lobster gear are now mandatory rather than optional, the two 
options in the Lobster Take Reduction Technology List specific to 
offshore lobster gear have been removed. The technology list is now 
only applicable to nearshore lobster trap gear. In addition, two of the 
remaining options have been changed. The buoy line weak link option has 
been changed to lower the breaking strength of the weak link from 1100 
lb (498.8 kg) to 600 lb (272.4 kg), and the weak link is now required 
to be knotless.
    8. Measures for lobster trap gear in the ``Northern Inshore State 
Lobster Waters Area''. The Northern Inshore State Lobster Waters Area 
is now treated as a separate area as described in change number 2. 
Lobster trap gear in this area must still comply with one option from 
the Lobster Take Reduction Technology List; however, the nature of the 
available options has changed as described in change number 7.
    9 Measures for lobster trap gear in the Cape Cod Bay Restricted 
Area. The division of measures for the CCB Restricted Area (right whale 
critical habitat area) into peak and off-peak requirements is 
maintained. However, the off-peak section is further subdivided into 
state and federal waters. Changes for the peak period of right whale 
abundance (January 1 - May 15) include mandatory gear marking (red) 
midway on all buoy lines. Changes to the off-peak period (May 16 - 
December 31) for state waters include reducing the number of technology 
list options required from two to one. Because the technology list has 
changed, the option list requirement is affected by the changes 
described in change number 7. For the Federal-water portion of the CCB 
Restricted Area during the off-peak period, technology list options 
strategy is replaced with the mandatory requirements described in 
change number 12, and gear marking (red) on buoy lines is required 
throughout the year.
    10. Measures for lobster trap gear in the Great South Channel 
Restricted Lobster Area. Changes to the lobster trap requirements for 
the off-peak (April 1 - June 30) period for this area include (1) 
replacing the technology list options strategy (two items required) 
with mandatory knotless buoy line weak links with a breaking strength 
of no more than 3780 lb (1714.3 kg) and (2) mandatory gear marking 
(black) midway on all buoy lines.
    11. Measures for lobster trap gear in the Stellwagen Bank/Jeffreys 
Ledge Restricted Area. Changes for lobster trap gear in this area 
include (1) Replacing the technology list options strategy (two items 
required) with the mandatory modifications described in change number 
12 and (2) mandatory marking (red) midway on all buoy lines.
    12. Measures for lobster trap gear in the ``Northern Nearshore 
Lobster Waters Area''. For this area, the technology list options 
strategy (one item required) is replaced with the following mandatory 
gear modification requirements: (1) Knotless buoy line weak links with 
a breaking strength of no more than 600 lb (272.4 kg), (2) prohibition 
on single traps, and (3) only one buoy line permitted for trawls of up 
to five traps. In addition, gear marking (red) midway on all buoy lines 
is required.
    13. Measures for lobster trap gear in the ``Southern Nearshore 
Lobster Waters Area''. The number of technology list options required 
(one) is unchanged; however, the nature of available options is changed 
as described in change number 7. In addition, lobster trap gear set in 
this area must be marked (orange) midway along all buoy lines.
    14. Measures for lobster trap gear in the Offshore Lobster Waters 
Area. The technology list options strategy (one item required) is 
replaced with a requirement for a knotless buoy line weak link with 
breaking strength of no more than 3780 lb (1714.3 kg). In addition, 
marking (black) of all lobster trap buoy lines midway along the buoy 
line is required.
    15. Measures for anchored gillnet gear in the Cape Cod Bay 
Restricted Area. The gillnet technology list options strategy (two 
items required) for the off-peak period (May 16 - December 31) is 
replaced with the following requirements: (1) A knotless buoy line weak 
link; (2) the buoy line and net panel weak link breaking strength of no 
more than 1100 lb (498.8 kg) is now mandatory; (3) the placement of 
floatline (headrope) weak link is changed from bridles to the center of 
each net panel; and (4) an anchoring system consisting of either (a) 
dead weights weighing at least 50 lb (22.7 kg) at each end of the net 
string, (b) anchors with the holding power of at least a 22 lb (10.0 
kg) Danforth-style anchor at each end of the net string, or (c) a lead 
line weighing at least 100 lb (45.4 kg) per 300 ft (91.4 m) for each 
net panel in the net string is required for net strings of 20 or fewer 
nets. In addition, marking (green) of all buoy lines midway along the 
buoy line is required.
    16. Measures for anchored gillnet gear in the Great South Channel 
Restricted Gillnet Area. The separation of the bulk of the right whale 
critical habitat area from the ``Sliver'' along the western boundary is 
maintained. (See change number 17 for changes to Sliver Area 
requirements.) For the off-peak (July 1 - March 31) period, the 
technology list options strategy (two items required) is replaced with 
the mandatory gear modifications as described in change number 15 for 
CCB. Gear marking (green) is also now required midway along all buoy 
lines.
    17. Measures for anchored gillnet gear in the Great South Channel 
Sliver Restricted Area. For the off-peak period (July 1 - March 31), 
the technology list options strategy (two items required) is replaced 
with the mandatory gear modifications described in change number 15 for 
CCB. Gear marking (green) is also required midway along all buoy lines.
    18. Measures for anchored gillnet gear in the Stellwagen Bank/
Jeffreys Ledge Restricted Area. The technology list options strategy 
(two items required) is replaced with the mandatory gear modifications 
described in change number 15 for CCB. Gear marking (green) is also 
required midway along all buoy lines.
    19. Measures for anchored gillnet gear in the Other Northeast 
Gillnet Waters Area. The technology list options strategy (one item 
required) is replaced with the mandatory gear modifications described 
in change number 15 for CCB. Gear marking (green) is also required 
midway along all buoy lines.

Classification

    An Environmental Assessment (EA) describing the impacts to the 
environment that would result from the implementation of the ALWTRP was 
prepared for the July 22, 1997, interim final rule (62 FR 39157). 
Supplemental EAs were also prepared for the April 9, 1999, final rule 
(64 FR 17292) and subsequent gear marking suspensions. The conclusion 
of those EAs was that the actions would pose no significant adverse 
environmental impact. NMFS prepared an EA for this interim final rule 
and has concluded that these regulations would pose no significant 
adverse environmental impact.
    The actions implemented by this interim final rule are expected to 
impact approximately 7,539 lobster trap fishing operations and 316 
gillnet operations.

[[Page 80376]]

 Four alternatives were evaluated in the EA prepared for this interim 
final rule, including a status quo or ``no action'' alternative as 
represented by the 1999 final rule, the present interim final rule, and 
two other alternatives. For a description and a detailed economic 
analysis of the alternatives analyzed for the lobster fleet and gillnet 
fleet, readers should refer to the EA prepared for this interim final 
rule. The total cost to the lobster industry resulting from the time/
area closures and gear restrictions in this interim final rule is 
expected to fall between $191K and $539K. The total cost to the gillnet 
industry under this interim final rule, based on a point estimate, is 
expected to be approximately $109K. Adding the lobster trap and gillnet 
costs, the total cost to the combined fleets is expected to fall 
between $300K and $648K.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid Office of Management and Budget (OMB) control number.
    This interim final rule contains collection-of-information 
requirements subject to the (PRA) which has been approved by the (OMB) 
under control number 0648-0364. Public reporting burden for marking 
fishing gear, using the whipping line option, is estimated to average 
.5 minutes per line. This estimate includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden to the NMFS, Office of Protected 
Resources, Marine Mammal Division Chief (see ADDRESSES) and to OMB at 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Washington, DC 20503 (Attention: NOAA Desk Officer).
    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    Pursuant to 15 CFR 930.35(d)(2), NMFS has determined that 
preparation of a consistency determination for this interim final rule 
is unnecessary because the action falls within the scope of past ALWTRP 
actions for which consistency determinations were made. Therefore, this 
action does not change the determination that the ALWTRP will be 
implemented in a manner that is consistent to the maximum extent 
practicable with the approved coastal zone management programs of the 
U.S. Atlantic coastal states. This determination has been submitted for 
review by the responsible state agencies under Section 307 of the 
Coastal Zone Management Act.
    A biological opinion (BO) on the ALWTRP was finalized on July 15, 
1997. That opinion concluded that implementation of the ALWTRP and 
continued operation of fisheries conducted under the American Lobster, 
Northeast Multispecies, and Shark FMPs, as modified by the ALWTRP, may 
adversely affect, but are not likely to jeopardize the continued 
existence of any listed species or adversely modify critical habitat. A 
further determination was made that the February 16, 1999, final rule 
(64 FR 7529) did not change the basis for that BO. This interim final 
rule implements additional gear restrictions for lobster trap and 
anchored gillnet gear which will provide additional protection for 
endangered whales. NMFS has determined that this interim final rule 
does not change the basis for the 1997 and 1999 ESA determinations. In 
addition, NMFS has reinitiated ESA section 7 consultation on the FMPs 
listed to consider new information on endangered whale entanglements, 
new fishery management actions, and ESA listing actions. Since the 
ALWTRP is the Reasonable and Prudent Alternative for several of the 
FMPs, future modification of the ALWTRP may be necessary in response to 
the outcome of these consultations.
    Several species of non-endangered marine mammals protected by the 
MMPA, including cetacean and pinniped species that are not the focus of 
this plan are known to become entangled in gillnet and/or lobster trap 
gear. This action benefits large whales and other marine mammals by 
implementing restrictions to lobster trap and gillnet gear which are 
designed to reduce adverse impacts of entanglement in those gear types. 
Therefore, the changes in the ALWTRP made by this interim final rule 
will have no adverse impacts on marine mammals.
    Given the status of the species to be protected and the fact that 
entanglements are continuing to occur under the existing regulations 
the AA, for good cause, under U.S.C. 553 (b)(B) finds that delaying 
this action to allow for prior notice and an opportunity for public 
comment would be contrary to the public interest. Because prior notice 
and an opportunity for public comment are not required to be provided 
for this interim final rule by 5 U.S.C. 553 or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This interim final rule does not contain policies with federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 12612.

Plain Language Requirement for Rulemaking

    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this rule. 
Send comments to the NMFS Marine Mammal Division Chief (see ADDRESSES).

References

    International Whaling Commission (IWC). In press. Report of the IWC 
Workshop on the Status and Trends of the Western North Atlantic Right 
Whale.
    Kraus, S.D. 1990. Rates and potential causes of mortality in North 
Atlantic right whales (Eubalaena glacialis). Mar. Mamm. Sci. 6(4):278-
291.
    Kraus, S.D., P.K. Hamilton, R. D. Kenney, A.R. Knowlton, and C.K. 
Slay. In press. Reproductive parameters of the North Atlantic Right 
Whale.
    Waring, G.T., D.L. Palka, P.J. Clapham, S. Swartz, M.C. Rossman, 
T.V.N. Cole, L.J. Hansen, K.D. Bisack, K.D. Mullin, R.S. Wells, D.K. 
Odell, and N.B. Barros. 1999. U.S. Atlantic and Gulf of Mexico Marine 
Mammal Stock Assessments - 1999. NOAA Technical Memorandum NMFS-NE-153. 
U.S. Department of Commerce, Northeast Fisheries Science Center, Woods 
Hole, MA. 196 pp.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and record keeping 
requirements.

    Dated: December 6, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 229 is amended 
to read as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq.

[[Page 80377]]

Sec. 229.2  [Amended]

    2. In Sec. 229.2, the definitions of ``Inshore Lobster waters'', 
``Northeast waters'', ``Offshore lobster waters'', ``Southeast 
waters'', and ``Stellwagen Bank/Jeffreys Ledge area'' are removed.

    3. In Sec. 229.3, paragraphs (h) through (k) are revised to read as 
follows:


Sec. 229.3  Prohibitions.

* * * * *
    (h) It is prohibited to fish with lobster trap gear in the areas 
and for the times specified in Sec. 229.32 (b)(2) and (c)(2) through 
(c)(8) unless the lobster trap gear complies with the closures, marking 
requirements, modifications, and restrictions specified in Sec. 229.32 
(b)(3)(i), (b)(3)(ii), and (c)(1) through (c)(9).
    (i) It is prohibited to fish with anchored gillnet gear in the 
areas and for the times specified in Sec. 229.32(b)(2) and (d)(2) 
through(d)(7) unless that gillnet gear complies with the closures, 
marking requirements, modifications, and restrictions specified in 
Sec. 229.32(b)(3)(i), (b)(3)(ii), and (d)(1) through (d)(8).
    (j) It is prohibited to fish with drift gillnet gear in the areas 
and for the times specified in Sec. 229.32 (d)(7) and (e)(1) unless the 
drift gillnet gear complies with the restrictions specified in 
Sec. 229.32 (e)(1).
    (k) It is prohibited to fish with shark gillnet gear in the areas 
and for the times specified in Sec. 229.32(b)(2), (f)(1)(i), and 
(f)(1)(ii) unless the gear complies with the closures, marking 
requirements, modifications, and other restrictions specified in 
Sec. 229.32(b)(3)(i), (b)(3)(ii), and (f)(2) through (f)(3)(iii)(D).
* * * * *

    4. In subpart C, Sec. 229.32, paragraphs (b)(1) through (d)(6)(ii) 
are revised to read as follows:
* * * * *


Sec. 229.32  Atlantic large whale take reduction plan regulations.

* * * * *
    (b) Gear marking requirements. (1) Specified gear consists of 
lobster trap gear and gillnet gear set in specified areas.
    (2) Specified areas. The following areas are specified for gear 
marking purposes: CCB Restricted Area, Stellwagen Bank/Jeffreys Ledge 
Restricted Area, Northern Nearshore Lobster Waters Area, GSC Restricted 
Lobster Area, GSC Restricted Gillnet Area, GSC Sliver Restricted Area, 
Southern Nearshore Lobster Waters Area, Offshore Lobster Waters Area, 
Other Northeast Gillnet Waters Area, and Southeast U.S. Observer Area.
    (3) Requirements for Southeast U.S. Observer Area. Any person who 
owns or fishes with specified fishing gear in the Southeast U.S. 
Observer Area must mark that gear in accordance with (b)(3)(i) and 
(b)(3)(ii) of this section, unless otherwise required by the Assistant 
Administrator under paragraph (g) of this section.
    (i) Color code. Specified gear in the Southeast U.S. Observer Area 
must be marked with the appropriate color code to designate gear types 
and areas as follows:
    (A) Gear type code--Gillnet gear. Gillnet gear must be marked with 
a green marking.
    (B) Area code. Gear set in the Southeast U.S. Observer Area must be 
marked with a blue marking.
    (ii) Markings. All specified gear in specified areas must be marked 
with two color codes, one designating the gear type, the other 
indicating the area where the gear is set. Each color of the two-color 
code must be permanently marked on or along the line or lines specified 
under (f)(2) of this section. Each color mark of the color codes must 
be clearly visible when the gear is hauled or removed from the water. 
Each mark must be at least 4 inches (10.2 cm) long. The two color marks 
must be placed within 6 inches (15.2 cm) of each other. If the color of 
the rope is the same as or similar to a color code, a white mark may be 
substituted for that color code. In marking or affixing the color code, 
the line may be dyed, painted, or marked with thin colored whipping 
line, thin colored plastic, or heat-shrink tubing, 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 Assistant Administrator (AA).
    (4) Requirements for other specified areas. Any person who owns or 
fishes with specified gear in the other specified areas must mark that 
gear in accordance with (b)(4)(i) and (b)(4)(ii) of this section, 
unless otherwise required by the Assistant Administrator under 
paragraph (g) of this section. For the purposes of the following gear 
marking requirements only, lobster trap gear set in the CCB Restricted 
Area during the winter restricted period, the Federal-water portion of 
the CCB Restricted Area during the off-peak period, and the Stellwagen 
Bank/Jeffreys Ledge Restricted Area shall comply with the requirements 
for the Northern Nearshore Lobster Waters Area. Lobster gear set in the 
GSC Restricted Lobster Area shall comply with the requirements for the 
Offshore Lobster Waters Area. Similarly, anchored gillnet gear set in 
the CCB Restricted area, Stellwagen Bank/Jeffreys Ledge Restricted 
Area, GSC Restricted Gillnet Area, and GSC Silver Restricted Area shall 
comply with the requirements for gillnet gear in the Other Northeast 
Gillnet Waters Area.
    (i) Color code. Specified gear must be marked with the appropriate 
colors to designate gear-types and areas as follows:
    (A) Lobster trap gear in the Northern Nearshore Lobster Waters Area 
must be marked with a red marking.
    (B) Lobster trap gear in the Southern Nearshore Lobster Waters Area 
must be marked with an orange marking.
    (C) Lobster trap gear in the Offshore Lobster Waters Area must be 
marked with a black marking.
    (D) Gillnet gear in the Other Northeast Gillnet Waters Area must be 
marked with a green marking.
    (ii) Markings. All specified gear in specified areas must be marked 
with one color code (see paragraph (4)(i) of this section) which 
indicates the gear type and general area where the gear is set. Each 
color code must be permanently affixed on or along the line or lines. 
Each color code must be clearly visible when the gear is hauled or 
removed from the water. Each mark must be at least 4 inches (10.2 cm) 
long. The mark must be placed along the buoy line midway in the water 
column.
    (5) Changes to requirements. If the Assistant Administrator revises 
the gear marking requirements in accordance with paragraph (g) of this 
section, the gear must be marked in compliance with those requirements.
    (c) Restrictions applicable to lobster trap gear in regulated 
waters--(1) Universal lobster trap gear requirements. In addition to 
the area-specific measures listed in (c)(2) through (c)(8) of this 
section, all lobster trap gear in regulated waters, including the 
Northern Inshore State Lobster Waters Area, must comply with the 
universal gear requirements listed here\1\. The Assistant Administrator 
may revise these requirements in accordance with paragraph (g) of this 
section.
---------------------------------------------------------------------------

    \1\ Fishers are also encouraged to maintain their buoy lines to 
be as knot-free as possible. Splices are not considered to be an 
entanglement threat and are thus preferable to knots.
---------------------------------------------------------------------------

    (i) No line floating at the surface. No person may fish with 
lobster trap gear that has any portion of the buoy line that is 
directly connected to the gear at the ocean bottom floating at the 
surface at any time. 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.

[[Page 80378]]

    (ii) No wet storage of gear. Lobster traps must be hauled out of 
the water at least once every 30 days.
    (2) Cape Cod Bay Restricted Area--(i) Area. The CCB restricted area 
consists of the CCB right whale critical habitat area specified under 
50 CFR 226.203(b) unless the Assistant Administrator changes that area 
in accordance with paragraph (g) of this section.
    (ii) Area-specific gear requirements during the winter restricted 
period. No person may fish with lobster trap gear in the CCB Restricted 
Area during the winter restricted period unless that person's gear 
complies with the gear marking requirements in paragraph (b) of this 
section, the universal lobster trap gear requirements in (c)(1) of this 
section, and the area-specific requirements listed below for the winter 
restricted period. The Assistant Administrator may revise these 
requirements in accordance with paragraph (g) of this section.
    (A) Winter restricted period. The winter restricted period for the 
CCB Restricted Area is from January 1 through May 15 of each year 
unless the Assistant Administrator changes that area in accordance with 
paragraph (g) of this section.
    (B) Weak links. All buoy lines shall be attached to the main buoy 
with a weak link meeting the following specifications:
    (1) The breaking strength of the weak link must not exceed 500 lb 
(226.7 kg).
    (2) The weak link must be chosen from the following list of 
combinations approved by the NMFS gear research program: swivels, 
plastic weak links, rope of appropriate diameter, hog rings, rope 
stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator.
    (C) Single traps and multiple-trap trawls. Single traps and three-
trap trawls are prohibited. All traps must be set in either a two-trap 
string or in a trawl of four or more traps. A two-trap string must have 
no more than one buoy line.
    (D) Sinking buoy lines. All buoy lines must be comprised of sinking 
line except the bottom portion of the line, which may be a section of 
floating line not to exceed one-third the overall length of the buoy 
line.
    (E) Sinking ground line. All ground lines must be comprised 
entirely of sinking line.
    (iii) Area-specific gear requirements during the other restricted 
period. No person may fish with lobster trap gear in the CCB Restricted 
Area during the other restricted period unless that person's gear 
complies with the gear marking requirements in paragraph (b) of this 
section and the universal lobster trap gear requirements in (c)(1) of 
this section as well as the area-specific requirements listed below for 
the other restricted period. The Assistant Administrator may revise 
these requirements in accordance with paragraph (g) of this section.
    (A) Other restricted period. The other restricted period for the 
CCB Restricted Area is from May 16 through December 31 of each year 
unless the Assistant Administrator revises that period in accordance 
with paragraph (g) of this section.
    (B) Gear requirements--(1) State-water portion. No person may fish 
with lobster trap gear in the state-water portion of the CCB Restricted 
Area during the other restricted period unless that person's gear 
complies with the requirements for the Northern Inshore State Lobster 
Waters Area listed in (c)(6) of this section. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (g) of this section.
    (2) Federal-water portion. No person may fish with lobster trap 
gear in the federal-water portion of the CCB Restricted Area during the 
other restricted period unless that person's gear complies with the 
requirements for the Northern Nearshore Lobster Waters Area in (c)(7) 
of this section. The Assistant Administrator may revise these 
requirements in accordance with paragraph (g) of this section.
    (3) Great South Channel Restricted Lobster Area--(i) Area. The GSC 
Restricted Lobster Area consists of the GSC right whale critical 
habitat area specified under 50 CFR 226.203(a) unless the Assistant 
Administrator changes that area in accordance with paragraph (g) of 
this section.
    (ii) Closure during the spring restricted period--(A) Spring 
restricted period. The spring restricted period for the GSC Restricted 
Lobster Area is from April 1 through June 30 of each year unless the 
Assistant Administrator revises this period in accordance with 
paragraph (g) of this section.
    (B) Closure. During the spring restricted period, no person may 
fish with or set lobster trap gear in this Area unless the Assistant 
Administrator specifies gear modifications or alternative fishing 
practices in accordance with paragraph (g) of this section and the gear 
or practices comply with those specifications.
    (iii) Area-specific gear requirements for the other restricted 
period. No person may fish with lobster trap gear in the GSC Restricted 
Lobster Area unless that person's gear complies with the gear marking 
requirements in paragraph (b) of this section, the universal lobster 
trap gear requirements in (c)(1) of this section, and the area-specific 
requirements listed here for the other restricted period. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (g) of this section.
    (A) Other restricted period. The other restricted period for the 
GSC Restricted Lobster Area is July 1 through March 31, unless the 
Assistant Administrator revises the timing in accordance with paragraph 
(g) of this section.
    (B) Weak links. All buoy lines must be attached to the main buoy 
with a weak link meeting the specifications listed in subparagraph 
(c)(5)(ii)(A) below for the Offshore Lobster Waters Area.
    (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 as right whale 
critical habitat under 50 CFR 226.203(b), that lie south of 43 deg.15' 
N. lat. and west of 70 deg. W long.. The Assistant Administrator may 
change that area in accordance with paragraph (g) of this section.
    (ii) Area-specific gear requirements. No person may fish with 
lobster trap gear in the Stellwagen Bank/Jeffreys Ledge Restricted Area 
unless that person's gear complies with the gear marking requirements 
in paragraph (b) of this section, the universal lobster trap gear 
requirements in (c)(1) of this section, and the requirements listed for 
the Northern Nearshore Lobster Waters Area in (c)(7) of this section. 
The Assistant Administrator may revise these requirements in accordance 
with paragraph (g) of this section.
    (5) Offshore Lobster Waters Area--(i) Area. The Offshore Lobster 
Waters Area includes all waters bounded by straight lines connecting 
the following points in the order stated (including the area known as 
the Area 2/3 Overlap in the American Lobster Fishery regulations at 50 
CFR 697.18 but not including the GSC Restricted Lobster Area):

------------------------------------------------------------------------
                                                 Latitude (  Longitude (
                     Point                         deg.N)       deg.W)
------------------------------------------------------------------------
A.............................................  43 deg. 58'  67 deg. 22'
B.............................................  43 deg. 41'  68 deg. 00'
C.............................................  43 deg. 12'  69 deg. 00'
D.............................................  42 deg. 49'  69 deg. 40'
E.............................................      42 deg.      69 deg.
                                                      15.5'          40'
F.............................................  42 deg. 10'  69 deg. 56'
K.............................................  41 deg. 10'      69 deg.
                                                                    6.5'
N.............................................      40 deg.      71 deg.
                                                      45.5'          34'
M.............................................      40 deg.  72 deg. 14'
                                                      27.5'
U.............................................      40 deg.      72 deg.
                                                      12.5'        48.5'
V.............................................  39 deg. 50'  73 deg. 01'
X.............................................      38 deg.  73 deg. 40'
                                                      39.5'
Y.............................................  38 deg. 12'  73 deg. 55'
Z.............................................  37 deg. 12'  74 deg. 44'
ZA............................................  35 deg. 34'  74 deg. 51'

[[Page 80379]]

 
ZB............................................      35 deg.      75 deg.
                                                      14.5'       31'\1\
------------------------------------------------------------------------
\1\ From Point ZB east to the EEZ boundary, thence along the seaward EEZ
  boundary to Point A.

    (ii) Area-specific gear requirements. No person may fish with 
lobster trap gear in the Offshore Lobster Waters Area unless that 
person's gear complies with the gear marking requirements in paragraph 
(b) of this section, the universal lobster trap gear requirements in 
(c)(1) of this section, and the gear requirements listed here. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (g) of this section.
    (A) Weak Links. All buoy lines must be attached to the main buoy 
with a weak link meeting the following specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by the NMFS gear research program: swivels, 
plastic weak links, rope of appropriate diameter, hog rings, rope 
stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator.
    (2) The breaking strength of these weak links must not exceed 3780 
lb (1714.3 kg).
    (3) Weak links must be designed such that the bitter end of the 
buoy line is clean and free of any knots when the link breaks. Splices 
are not considered to be knots for the purposes of this provision.
    (B) [Reserved]
    (6) Northern Inshore State Lobster Waters Area--(i) Area. The 
Northern Inshore State Lobster Waters Area includes the state waters of 
Rhode Island, Massachusetts, New Hampshire, and Maine but does not 
include waters exempted under (a)(2) of this section.
    (ii) Area-specific gear requirements. No person may fish with 
lobster trap gear in the Northern Inshore State Lobster Waters Area 
unless that person's gear complies with the universal lobster trap gear 
requirements in (c)(1) of this section and at least one of the options 
on the Lobster Take Reduction Technology List in (c)(9) of this 
section. The Assistant Administrator may revise this requirement in 
accordance with paragraph (g) of this section.
    (7) Northern Nearshore Lobster Waters Area--(i) Area. The Northern 
Nearshore Lobster 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 CCB Restricted Area and the 
Stellwagen Bank/Jeffreys Ledge Restricted Area.
    (ii) Area-specific gear requirements. No person may fish with 
lobster trap gear in the Northern Nearshore Lobster Waters Area unless 
that person's gear complies with the gear marking requirements in 
paragraph (b) of this section, the universal lobster trap gear 
requirements in (c)(1) of this section, and the gear requirements 
listed below for this area. The Assistant Administrator may revise 
these requirements in accordance with paragraph (g) of this section.
    (A) Weak Links. All buoy lines must be attached to the main buoy 
with a weak link meeting the following specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by the NMFS gear research program: swivels, 
plastic weak links, rope of appropriate diameter, hog rings, rope 
stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator.
    (2) The breaking strength of these weak links must not exceed 600 
lb (272.4 kg).
    (3) Weak links must be designed such that the bitter end of the 
buoy line is clean and free of any knots when the link breaks. Splices 
are not considered to be knots for the purposes of this provision.
    (B) Single traps and multiple-trap trawls. Single traps are 
prohibited. All traps must be set in trawls of two or more traps. All 
trawls up to and including five traps must have no more than one buoy 
line.
    (8) Southern Nearshore Lobster Waters Area--(i) Area. The Southern 
Nearshore Lobster Waters Area includes all state and federal waters 
which fall within EEZ Nearshore Management Area 4 and EEZ Nearshore 
Management Area 5 as described in the American Lobster Fishery 
regulations in 50 CFR 697.18.
    (ii) Area-specific gear requirements for the restricted period--(A) 
Restricted period. The restricted period for Southern Nearshore Lobster 
Waters is from October 1 through April 30 unless the AA revises this 
period in accordance with paragraph (g) of this section.
    (B) Gear requirements. No person may fish with lobster trap gear in 
the Southern Nearshore Lobster Waters Area during the restricted period 
unless that person's gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal lobster trap 
gear requirements in (c)(1) of this section, and at least one of the 
options on the Lobster Take Reduction Technology List in (c)(9) of this 
section. The AA may revise these requirements in accordance with 
paragraph (g) of this section.
    (9) Lobster Take Reduction Technology List. The following gear 
modification options comprise the Lobster Take Reduction Technology 
List:
    (i) All buoy lines must be 7/16 inches (1.11 cm) or less in 
diameter.
    (ii) All buoys must be attached to the buoy line with a weak link 
meeting the following specifications:
    (A) The weak link must be chosen from the following list of 
combinations approved by the NMFS gear research program: swivels, 
plastic weak links, rope of appropriate diameter, hog rings, rope 
stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator.
    (B) The breaking strength of these weak links must not exceed 600 
lb (272.4 kg).
    (C) Weak links must be designed such that the bitter end of the 
buoy line is clean and free of any knots when the link breaks. Splices 
are not considered to be knots for the purposes of this provision.
    (iii) All buoy lines must be comprised entirely of sinking line.
    (iv) All ground lines must be comprised entirely of sinking line.
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in (d)(2) through (d)(7) of this section, all anchored 
gillnet gear in regulated waters must comply with the universal gear 
requirements listed here \2\. The AA may revise these requirements in 
accordance with paragraph (g) of this section.
---------------------------------------------------------------------------

    \2\ Fishers are also encouraged to maintain their buoy lines to 
be as knot-free as possible. Splices are not considered to be an 
entanglement threat and are thus preferable to knots.
---------------------------------------------------------------------------

    (i) No line floating at the surface. No person may fish with 
anchored gillnet gear that has any portion of the buoy line that is 
directly connected to the gear on the ocean bottom floating at the 
surface at any time. 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. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (2) Cape Cod Bay Restricted Area--(i) Area. The CCB Restricted Area 
consists of the CCB right whale critical habitat area specified under 
50 CFR 226.203(b), unless the AA changes the boundaries

[[Page 80380]]

 in accordance with paragraph (g) of this section.
    (ii) Closure during the winter restricted period--(A) Winter 
restricted period. The winter restricted period for this area is from 
January 1 through May 15 of each year, unless the AA revises the timing 
in accordance with paragraph (g) of this section.
    (B) Closure. During the winter restricted period, no person may 
fish with anchored gillnet gear in the CCB Restricted Area unless the 
AA specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (g) of this section and the gear or practices 
comply with those specifications. The AA 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 critical habitat and are unlikely to return for 
the remainder of the season.
    (iii) Area-specific gear requirements for the other restricted 
period--(A) Other restricted period. The other restricted period for 
the CCB Restricted Area is from May 16 through December 31 of each year 
unless the AA revises that period in accordance with paragraph (g) of 
this section.
    (B) No person may fish with anchored gillnet gear in the CCB 
Restricted Area during the other restricted period unless that person's 
gear complies with the gear marking requirements specified in paragraph 
(b) of this section, the universal anchored gillnet gear requirements 
specified in (d)(1) of this section, and the area-specific requirements 
listed in (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area. The AA may revise these requirements in accordance with 
paragraph (g) of this section.
    (3) Great South Channel Restricted Gillnet Area--(i) Area. The GSC 
Restricted Gillnet Area consists of the area bounded by lines 
connecting the following four points: 41 deg.02.2' N/69 deg.02' W, 
41 deg.43.5' N/69 deg.36.3' W, 42 deg.10' N/68 deg.31' W, and 
41 deg.38' N/68 deg.13' W. This area includes most of the GSC right 
whale critical habitat area specified under 50 CFR 226.203(a), with the 
exception of the sliver along the western boundary described in 
(d)(4)(i) here. The AA may revise these boundaries in accordance with 
paragraph (g) of this section.
    (ii) Closure during the spring restricted period--(A) Spring 
restricted period. The spring restricted period for the GSC Restricted 
Gillnet Area is from April 1 through June 30 of each year unless the AA 
revises that period in accordance with paragraph (g) of this section.
    (B) Closure. During the spring restricted period, no person may set 
or fish with anchored gillnet gear in the GSC Restricted Gillnet Area 
unless the AA specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (g) of this section and the gear 
or practices comply with those specifications.
    (iii) Area-specific gear requirements for the other restricted 
period--(A) Other restricted period. The other restricted period for 
the GSC Restricted Gillnet Area is from July 1 though March 31 of each 
year unless the AA revises that period in accordance with paragraph (g) 
of this section.
    (B) During the other restricted period, no person may fish with 
anchored gillnet gear in the GSC Restricted Gillnet Area unless that 
person's gear complies with the gear marking requirements specified in 
paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in (d)(1) of this section, and the area-specific 
requirements listed in (d)(6)(ii) of this section for the Other 
Northeast Gillnet Waters Area. The AA may revise these requirements in 
accordance with paragraph (g) of this section.
    (4) Great South Channel Sliver Restricted Area--(i) Area. The GSC 
Sliver Restricted Area consists of the area bounded by lines connecting 
the following points: 41 deg.02.2' N/69 deg.02' W, 41 deg.43.5' N/
69 deg.36.3' W, 41 deg.40' N/69 deg.45' W, and 41 deg.00' N/69 deg.05' 
W. The AA may revise these boundaries in accordance with paragraph (g) 
of this section.
    (ii) Area-specific gear requirements. No person may fish with 
anchored gillnet gear in the GSC 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 (d)(1) of this section, and the area-specific requirements 
listed in subparagraph (d)(6)(ii) of this section for the Other 
Northeast Gillnet Waters Area. The AA may revise these requirements in 
accordance with paragraph (g) of this section.
    (5) 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 right whale 
critical habitat under 50 CFR 226.203(b), that lie south of 43 deg.15' 
N. lat. and west of 70 deg. W long. The AA may change these boundaries 
in accordance with paragraph (g) of this section.
    (ii) Area-specific gear requirements. No person may fish with 
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 (d)(1) of this section, and the 
area-specific requirements listed in (d)(6)(ii) of this section for the 
Other Northeast Gillnet Waters Area. The AA may revise these 
requirements in accordance with paragraph (g) of this section.
    (6) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all U.S. waters west of the 
U.S./Canada border and north of a line extending due east from the 
Virginia/North Carolina border with the exception of the CCB Restricted 
Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, GSC Restricted 
Gillnet Area, GSC Sliver Restricted Area, Mid-Atlantic Coastal Waters 
Area, and exempted waters listed in (a)(2) of this section.
    (ii) Area-specific gear requirements. No person may fish with 
anchored gillnet gear in the Other Northeast Gillnet Waters Area unless 
that person's gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal anchored 
gillnet gear requirements specified in (d)(1) of this section, and the 
area-specific requirements listed below. The AA may revise these 
requirements in accordance with paragraph (g) of this section.
    (A) Buoy line weak links. All buoy lines must be attached to the 
main buoy with a weak link meeting the following specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by the NMFS gear research program: swivels, 
plastic weak links, rope of appropriate diameter, hog rings, rope 
stapled to a buoy stick, or other materials or devices approved in 
writing by the AA.
    (2) The breaking strength of these weak links must not exceed 1100 
lb (498.8 kg).
    (3) Weak links must be designed such that the bitter end of the 
buoy line is clean and free of any knots when the link breaks. Splices 
are not considered to be knots for the purposes of this provision.
    (B) Net panel weak links. All net panels must contain weak links 
meeting the following specifications:
    (1) Weak links must be inserted in the center of the floatline 
(headrope) of each net panel in a net string.

[[Page 80381]]

    (2) The breaking strength of these weak links must not exceed 1100 
lb (498.8 kg).
    (C) Anchoring System. All anchored gillnet strings containing 20 or 
fewer net panels must be securely anchored with one of the following 
anchoring systems:
    (1) Anchors with the holding power of at least a 22 lb (10.0 kg) 
Danforth-style anchor at each end of the net string,
    (2) Dead weights weighing at least 50 lb (22.7 kg) at each end of 
the net string, or
    (3) A lead line weighing at least 100 lb (45.4 kg) per 300 ft (91.4 
m) for each net panel in the net string.
* * * * *
[FR Doc. 00-32050 Filed 12-20-00; 8:45 am]
BILLING CODE 3510-22-S