[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Proposed Rules]
[Pages 10195-10199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4897]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 030221039-3039-01; I.D. 081602B]
RIN 0648-AQ04


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: Proposed rule; request for comments

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SUMMARY: NMFS proposes to amend the regulations that implement the 
Atlantic Large Whale Take Reduction Plan (ALWTRP) to identify gear 
modifications that sufficiently reduce the risk of entanglement to 
western North Atlantic right whales (right whales) under the Dynamic 
Area Management (DAM) program and, as such, would allow NMFS to utilize 
the option of allowing gear with certain modifications within a DAM 
zone. Specifically, NMFS proposes to identify Seasonal Area Management 
(SAM) anchored gillnet and lobster trap/pot gear as gear that could be 
allowed within a DAM zone. NMFS also includes in this proposed rule a 
provision to clarify one of the SAM gear modification requirements (600 
lb (272.4 kg) weak link) for lobster trap gear in Northern Inshore 
State Lobster Waters and Northern Nearshore Lobster Waters that overlap 
with a SAM area.

DATES: Comments on the proposed rule must be received by 5 p.m. EST on 
April 3, 2003.

ADDRESSES: Send comments on this proposed rule to Mary Colligan, 
Assistant Regional Administrator for Protected Resources, Protected 
Resources Division, NMFS, Northeast Region, 1 Blackburn Dr., 
Gloucester, MA 01930. Comments will not be accepted if sent via e-mail 
or Internet. Copies of the draft Environmental Assessment/Regulatory 
Impact Review for this action can be obtained from the ALWTRP website 
listed under the Electronic Access portion of this document. Atlantic 
Large Whale Take Reduction Team (ALWTRT) meeting summaries, and 
progress reports on implementation of the ALWTRP may be obtained by 
writing Diane Borggaard, NMFS, Northeast Region, 1 Blackburn Dr., 
Gloucester, MA 01930 or Katherine Wang, NMFS, Southeast Region, 9721 
Executive Center Dr., St.Petersburg, FL 33702-2432. For additional 
ADDRESSES and web sites for document availability see SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast 
Region, 978-281-9145; or Patricia Lawson, NMFS, Office of Protected 
Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Several of the background documents for the ALWTRP 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.wh.whoi.edu/psb/sar2001.pdf. In 
addition, copies of the documents entitled ``Defining Triggers for 
Temporary Area Closures to Protect Right Whales from Entanglements: 
Issues and Options'' and ``Identification of Seasonal Area Management 
Zones for North Atlantic Right Whale Conservation'' are available by 
writing to Diane Borggaard, NMFS, Northeast Region, 1 Blackburn Dr., 
Gloucester, MA 01930 or can be downloaded from the Internet at http://www.nero.nmfs.gov/whaletrp/.

[[Page 10196]]

Background

    The ALWTRP (50 CFR 229.32) is a multi-faceted plan that includes 
area closures, gear requirements in areas open to fixed gear fishing, 
gear research to develop new modifications to current practices and/or 
fishing techniques, a right whale Sighting Advisory System, and a 
disentanglement program to free whales caught in fishing gear.
    As part of the ALWTRP, NMFS issued a final rule to implement the 
Dynamic Area Management (DAM) program (67 FR 1133, January 9, 2002; 67 
FR 65722, October 28, 2002), which clarified its authority under 50 CFR 
229.32 to temporarily restrict the use of lobster traps and/or anchored 
gillnet gear in areas where right whales aggregate. The DAM program 
establishes criteria and procedures to temporarily restrict lobster 
trap and anchored gillnet gear on an expedited basis within defined 
areas (i.e. DAM zone) north of 40[deg] N. latitude in order to further 
reduce risk of entanglement to right whales by such gear. When the 
criteria for establishing a DAM zone are triggered, NMFS may implement 
fishing restrictions within the DAM zone through publication in the 
Federal Register.
    Factors NMFS would consider in deciding what restrictions to 
implement within the DAM zone include: the location of the DAM zone 
with respect to other fishery closure areas, weather conditions as they 
relate to the safety of human life at sea, the type and amount of gear 
already present in the area, and a review of recent right whale 
entanglement and mortality data. Once a DAM zone is identified, the 
regulations allow NMFS to: (1) require the removal of all lobster trap 
and anchored gillnet fishing gear for a 15-day period; (2) allow 
modified lobster trap and anchored gillnet gear within a DAM zone for a 
15-day period; and/or (3) issue an alert to fishermen requesting the 
voluntary removal of all lobster trap and anchored gillnet gear for a 
15-day period, and asking fishermen not to set any additional gear in 
the DAM zone during the 15-day period. NMFS may either extend or 
shorten the duration of the DAM zone depending on the presence or 
absence of right whales in the DAM zone.
    While the DAM final rule did envision, at some point in the future, 
that DAM zones could be implemented with gear modifications, it did not 
identify specific gear modifications that would sufficiently reduce the 
risk of entanglement to right whales. Therefore, no gear modifications 
were included within the analysis that supported the DAM rulemaking. 
This proposed rule would identify acceptable gear that could be allowed 
under the DAM program. This proposed rule, if adopted, would complete 
the regulatory actions planned and described in the recent amendments 
to the ALWTRP, which included the Seasonal Area Management (SAM) 
program (67 FR 1142, January 9, 2002; 67 FR 65722, October 28, 2002), 
expanded gear modifications (67 FR 1300, January 10, 2002; 67 FR 15493, 
April 2, 2002), as well as the DAM program.

Proposed Lobster Trap and Anchored Gillnet Gear Modifications for Use 
in DAM Zones

    On January 9, 2002, NMFS established a SAM program (67 FR 1142) to 
protect predictable annual congregations of right whales in the waters 
east of Cape Cod and seaward to the outer limits of the Exclusive 
Economic Zone (EEZ). Under the SAM program, NMFS defined two areas (SAM 
West and SAM East) and required gear modifications for lobster trap and 
anchored gillnet gear within these defined areas. The interim final 
rule restricts lobster trap and anchored gillnet gear set within each 
SAM area to those types designated as Level II or Low Risk Gear, which 
is defined as gear where death or serious injury resulting from 
entanglement would be highly unlikely. The requirements under the SAM 
program are more stringent than, and in addition to, the gear 
modifications currently required under the ALWTRP for Northern Inshore 
State Lobster Waters, Northern Nearshore Lobster Waters, Offshore 
Lobster Waters, and Other Northeast Gillnet Waters.
    The information and analysis provided in the proposed rule for the 
SAM program (66 FR 59394, November 28, 2001) demonstrates that the gear 
modifications, including replacing floating line with neutrally buoyant 
and/or sinking line, installing additional weak links, reducing 
breaking strengths for weak links and limiting the number of buoy lines 
(i.e. allowing only one buoy line) prevent serious injury or mortality 
to right whales. NMFS estimated that the SAM requirements resulted in 
approximately an 85-percent reduction in floating line for offshore 
lobster gear and 50-percent reduction in vertical line for gillnet and 
lobster gear. Thus, the SAM gear modifications reduce both the 
potential for interaction through a significant reduction in floating 
and vertical line, and the potential for serious injury or mortality 
through the incorporation of additional weak links at reduced breaking 
strengths.
    As the DAM program was developed in advance of the SAM program, 
NMFS was not able to identify or analyze SAM gear as part of the DAM 
program. This proposed rule identifies and analyzes the SAM gear as 
gear that could be used under the DAM program. NMFS believes that Level 
II or Low Risk gear modifications are appropriate to allow in a DAM 
zone because this gear has been determined to sufficiently reduce risk 
of entanglement of right whales. NMFS maintains that the data available 
and presented in the SAM proposed rule provides sufficient evidence 
that fishing with SAM modified gear in a DAM zone is unlikely to result 
in serious injury or mortality of a right whale.
    This proposed rule would identify SAM modified gear as gear that 
could be allowed under the DAM program. NMFS analyzed additional 
management alternatives when deciding which type of gear modification 
to allow within the DAM zone (see ADDRESSES section for a copy of the 
Environmental Assessment (EA) and Classification section's summary of 
the Initial Regulatory Flexibility Analysis, which describes other 
alternatives considered). NMFS seeks comments from the public on this 
proposed rule and these alternatives.
    The proposed gear modifications to the ALWTRP DAM program are 
described below. These requirements are more stringent than, and in 
addition to, the gear modifications currently required under the ALWTRP 
for the Offshore Lobster Waters, Northern Nearshore Lobster Waters, 
Southern Nearshore Lobster Waters, Northern Inshore State Lobster 
Waters, Great South Channel Restricted Lobster Area (July 1 through 
March 31), Stellwagen Bank/Jeffreys Ledge Restricted Area (lobster trap 
and gillnet area descriptions), Cape Cod Bay Restricted Area (lobster 
trap and gillnet area descriptions; May 16 through December 31), Great 
South Channel Restricted Gillnet Area (July 1 through March 31), Great 
South Channel Sliver Restricted Area (July 1 through March 31), Mid-
Atlantic Coastal Waters (gillnet area description) and Other Northeast 
Gillnet Waters and are consistent with the gear restrictions 
implemented under the SAM program. Time periods are incorporated to 
clarify when critical habitat areas are subject to the DAM program, 
which, as described (66 FR 50160, October 2, 2001; 67 FR 1142, January 
9, 2002) and implemented by NMFS, are time periods when the 
requirements for critical habitat areas are no more conservative than 
the surrounding waters. Additionally, proposed SAM gear modification

[[Page 10197]]

requirements under the DAM program are applicable to ALWTRP management 
areas north of 40[deg] N. latitude where a DAM zone could be triggered.

Lobster Trap Gear

    In addition to the universal gear and gear marking requirements, 
fishermen utilizing lobster trap gear within the portion of the 
Northern Nearshore Lobster Waters, Southern Nearshore Lobster Waters, 
Northern Inshore State Lobster Waters, Cape Cod Bay Restricted Area 
(May 16 through December 31), and Stellwagen Bank/Jeffreys Ledge 
Restricted Area that overlap with a DAM zone may be required to utilize 
all the following gear modifications when a DAM zone is in effect:
    1. Groundlines and buoy lines must be made entirely of either 
sinking or neutrally buoyant line. Floating groundlines and buoy lines 
are prohibited;
    2. A weak link with a maximum breaking strength of 600 lb (272.4 
kg) must be placed at all buoys; and
    3. Fishermen utilizing lobster trap gear within the DAM zone must 
have no more than one buoy line per trawl string. This buoy line must 
be at the northern or western end of the trawl string depending on the 
direction of the set.
    In addition to the universal gear and gear marking requirements, 
fishermen utilizing lobster trap gear within the portion of the Great 
South Channel Restricted Lobster Area (July 1 through March 31) and 
Offshore Lobster Waters Area that overlap with a DAM zone may be 
required to utilize all the following gear modifications when a DAM 
zone is in effect:
    1. Groundlines and buoy lines must be made of either sinking or 
neutrally buoyant line. Floating groundlines and buoy lines are 
prohibited;
    2. A weak link with a maximum breaking strength of 1,500 lb (680.4 
kg) must be placed at all buoys; and
    3. Fishermen utilizing lobster trap gear within the DAM zone must 
have no more than one buoy line per trawl string. This buoy line must 
be at the northern or western end of the trawl string depending on the 
direction of the set.

Anchored Gillnet Gear

    In addition to the universal gear and gear marking requirements, 
fishermen utilizing anchored gillnet gear within the portion of the 
Other Northeast Gillnet Waters, Cape Cod Bay Restricted Area (May 16 
through December 31), Stellwagen Bank/Jeffreys Ledge Restricted Area, 
Great South Channel Restricted Gillnet Area (July 1 through March 31), 
Great South Channel Sliver Restricted Area (July 1 through March 31), 
and Mid-Atlantic Coastal Waters that overlap with a DAM zone may be 
required to utilize all the following gear modifications when a DAM 
zone is in effect:
    1. Groundlines and buoy lines must be made of sinking or neutrally 
buoyant line. Floating groundlines and buoy lines are prohibited;
    2. A weak link with a maximum breaking strength of 1,100 lb (498.8 
kg) must be placed at all buoys;
    3. Each net panel must have a total of 5 weak links with a maximum 
breaking strength of 1,100 lb (498.8 kg) each. Net panels are typically 
50 fathoms in length, but the weak link requirements would apply to all 
variations in panel size. These weak links must include 3 floatline 
weak links. The placement of the weak links on the floatline must be as 
follows: one at the center of the net panel and one each as close as 
possible to each of the bridle ends of the net panel. The remaining 2 
weak links must be placed in the center of each of the up and down 
lines at the panel ends;
    4. Fishermen utilizing gillnets within the DAM zone must have no 
more than one buoy line per net string. This buoy line must be at the 
northern or western end of the gillnet string depending on the 
direction of the set; and
    5. All anchored gillnets, regardless of the number of net panels, 
must be securely anchored with the holding power of at least a 22 lb 
(10.0 kg) Danforth style anchor at each end of the net string.

Clarification of Weak Link Requirement for Northern Inshore State 
Lobster Waters and Northern Nearshore Lobster Waters that Overlap with 
SAM Areas

    NMFS includes in this proposed rule a provision clarifying that 
lobster trap gear in Northern Inshore State Lobster Waters and Northern 
Nearshore Lobster Waters that overlap with a SAM area must have a weak 
link with a maximum breaking strength of 600 lb (272.4 kg) at all 
buoys. Prior to the SAM rulemaking, the ALWTRP regulations already 
required a 600 lb (272.4 kg) weak link for all lobster gear in the 
Northern Nearshore Lobster Waters, and it was one of a suite of 
required options in the Northern Inshore State Lobster Waters. Although 
the proposed rule for SAM discussed the relationship between the 
proposed SAM restrictions and the existing gear requirements within the 
ALWTRP, the description of the SAM lobster trap gear requirements did 
not explicitly articulate the weak link requirement for the portions of 
the Northern Inshore State Lobster Waters and Northern Nearshore 
Lobster Waters overlapped by the SAM areas. NMFS noted this discrepancy 
in the preamble to the SAM interim final rule (67 FR 1142, January 9, 
2002) and intended to correct this oversight in the interim final rule. 
However, although NMFS discussed these changes in the preamble of the 
interim final rule, NMFS inadvertently omitted this clarification from 
the regulatory text of the SAM interim final rule. To dispel confusion 
NMFS may have caused in the SAM rulemaking, this action would amend the 
ALWTRP regulations to state explicitly that lobster trap gear in 
Northern Inshore State Lobster Waters and Northern Nearshore Lobster 
Waters that overlap with a SAM area must have a weak link with a 
maximum breaking strength of 600 lb (272.4 kg) at all buoys as part of 
the required SAM gear modifications.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    This proposed rule would identify gear modifications that 
sufficiently reduce the risk of entanglement to right whales under the 
DAM program. The objective of this proposed rule, issued pursuant to 
section 118 of the Marine Mammal Protection Act (MMPA), is to reduce 
the level of serious injury and mortality of right whales in East Coast 
lobster trap and finfish gillnet fisheries. The small entities affected 
by this proposed rule are anchored gillnet and lobster trap fishermen 
fishing north of 40[deg] N. latitude. Since DAM is used to respond to 
unusual and unexpected sightings of right whales, it is difficult for 
NMFS to predict exactly where DAM zones may be implemented in the 
future. Therefore, providing an accurate estimate of the number of 
small entities that will be affected is problematic. In the northeast, 
there are potentially 7,147 vessels fishing lobster gear and 312 
vessels fishing sink gillnet gear (Bisack, 2000). However, NMFS does 
not expect that number of vessels to be affected by any one DAM zone 
because of the limited size and duration of a DAM zone. Data from 
aerial surveys in 2000 were used to retrospectively evaluate the use of 
the recommended DAM triggers. Based on the analysis of this data, six 
DAM zones would have been triggered in 2000. Four of the six 
hypothetical DAM zones would have been subsumed under the Seasonal Area 
Management (SAM) program and the other DAM zone would have occurred in 
Canadian waters, which are outside of U.S. jurisdiction. Therefore the

[[Page 10198]]

impacts were assessed with respect to one hypothetical DAM zone from 
June 20 to July 6, 2000. For example, based on 2000 right whale 
sightings data and 2000 Vessel Trip Report (VTR) data, from June 20th 
to July 6th the proposed rule would have affected 45 lobster and sink 
gillnet vessels (29 lobster vessels and 16 sink gillnet vessels), which 
represents 0.4 percent of the vessels (0.004=29/7,147 lobster vessels) 
associated with the lobster fleet and 5.1 percent of the vessels 
(0.051=16/312 sink gillnet vessels) associated with the sink gillnet 
fleet in the northeast. This proposed rule contains no reporting, 
record keeping, or other compliance requirements. There are no relevant 
Federal rules that duplicate, overlap, or conflict with the proposed 
rule.
    Four alternatives, including a status quo or no action alternative, 
the preferred alternative (PA), and two other alternatives were 
evaluated using a retrospective analysis based on 2000 right whale 
sightings data and 2000 VTR data. Under all alternatives, from June 
20th to July 6th, 45 vessels, of which 29 were lobster vessels and 16 
were sink gillnet vessels, were affected by a DAM zone. A summary of 
the analysis follows:
    1. NMFS considered a ``no action'' or status quo alternative that 
would result in no changes to the current measures under the ALWTRP. 
For the status quo, the economic impact analysis considered a complete 
closure to lobster and sink gillnet gear when a DAM is implemented. In 
the worst case scenario, a vessel would choose not to fish and 
therefore incur revenue losses plus the cost of moving their gear. 
Under status quo, if a lobster vessel chose not to fish outside the DAM 
zone, annual revenues would be reduced by 5 percent if these vessels 
chose not to fish from June 20th to July 6th. It is important to note 
that this represents forgone revenues for one DAM zone, and a vessel 
could be subject to multiple DAM zones or closures that are extended in 
time and space. Annual forgone revenues would be reduced by 
approximately 9 percent for a sink gillnet vessel if they also chose 
not to fish outside the DAM zone from June 20th to July 6th.
    2. The Preferred Alternative would allow SAM gear modifications to 
be used under the DAM program. SAM gear modifications include, amongst 
other requirements, the use of neutrally buoyant or sinking line on all 
ground lines and buoy lines and restricts fishermen to one endline 
(buoy line) per trawl or string. Under the proposed rule, if a vessel 
converts its gear, Class I (length less than 35 feet (10.66m)) and 
Class II (length between 35 and 50 feet (15.2m)) vessels fishing 
lobster gear will have profits reduced by a minimum of 3 percent 
(maximum of 9 percent) and 1 percent (maximum of 2 percent), 
respectively. A Class I (length less than 40 feet (12.2m)) and Class II 
(greater than 40 feet (12.2m)) vessel fishing sink gillnet gear will 
have profits reduced by a minimum of 0.4 percent (maximum of 0.7 
percent) and 1.2 percent (maximum of 1.9 percent), respectively.
    3. NMFS considered an alternative (Non-preferred alternative (NPA) 
1) that would implement SAM gear modifications with two endlines (buoy 
lines) and floating line on the bottom third of each endline. Vessels 
fishing both lobster and sink gillnet gear have been grouped by size 
classes. Under the NPA 1 plan, if a vessel converts its gear, Class I 
(length less than 35 feet (10.66m)) and Class II (length between 35 and 
50 feet (15.2m)) vessels fishing lobster gear will have profits reduced 
by a minimum of 3 percent (maximum of 10 percent) and 1 percent 
(maximum of 3 percent), respectively. A Class I (length less than 40 
feet (12.2m)) and Class II (greater than 40 feet (12.2m)) vessel 
fishing sink gillnet gear will have profits reduced by a minimum of 0.4 
percent (maximum of 0.7 percent) and 1.5 percent (maximum of 2.2 
percent), respectively.
    4. NMFS considered an alternative (NPA 2) that would implement SAM 
gear modifications with two endlines (buoy lines). Thus, this 
alternative would allow lobster trap and anchored gillnet fishermen to 
retain a second end line on each end of the lobster trap or gillnet 
trawl. Vessels fishing both lobster and sink gillnet gear have been 
grouped by size classes. Under the NPA 2 plan, if a vessel converts its 
gear, Class I (length less than 35 feet (10.66m)) and Class II (length 
between 35 and 50 feet (15.2m)) vessels fishing lobster gear will have 
profits reduced by a minimum of 3.5 percent (maximum of 10.7 percent) 
and 1 percent (maximum of 3 percent), respectively. A Class I (length 
less than 40 feet (12.2m)) and Class II (greater than 40 feet (12.2m)) 
vessel fishing sink gillnet gear will have profits reduced by a minimum 
of 0.5 percent (maximum of 0.7 percent) and 1.6 percent (maximum of 2.3 
percent), respectively.
    NMFS determined that this action is consistent to the maximum 
extent practicable with the approved coastal management program of the 
U.S. Atlantic coastal states. This determination was submitted for 
review by the responsible state agencies under section 307 of the 
Coastal Zone Management Act. No state disagreed with our conclusion 
that this proposed rule is consistent with the enforceable policies of 
the approved coastal management program for that state.
    This proposed rule contains policies with federalism implications 
as that term is defined in Executive Order 13132. Accordingly, the 
Assistant Secretary for Legislative and Intergovernmental Affairs will 
provide notice of the proposed action to the appropriate official(s) of 
affected state, local, and/or tribal governments.
    This proposed rule would also clarify that vessels in Northern 
Inshore State and Northern Nearshore Lobster Waters must install and 
use a 600 lb (272.4 kg) weak link at each buoy when fishing in SAM West 
during the time it overlaps the Norther Inshore State and Northern 
Nearshore Lobster Waters. Requiring a 600 lb (272.4 kg) weak link in 
those waters rather than a 1,500 lb (680.4 kg) weak link would benefit 
right whales since more right whales would be able to break a 600 lb 
(272.4 kg) weak link and each whale would have to exert less force 
since the breaking strength is lower. The impacts of this proposed 
requirement on small entities falls within the scope of the regulatory 
flexibility analyses performed in conjunction with the original SAM 
proposed and interim final rules. The December 2001 SAM EA/RIR analyzed 
impacts of requiring a 1,500 lb (680.4 kg) weak link, rather than a 600 
lb (272.4 kg) weak link. The cost of a 600 lb (272.4 kg) weak link is 
similar or less than the cost of the 1,500 lb (680.4 kg) weak link used 
in the analysis and the effects of using a 600 lb weak link on fishing 
operations were considered and analyzed while promulgating the December 
21, 2000, interim final rule (65 FR 80368). Therefore, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(a) and (c), no further 
analysis is required. Copies of the SAM EA/RIR are available upon 
request. (see ADDRESSES.)

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Fisheries, Marine mammals, 
Reporting and recordkeeping requirements.

    Dated: February 25, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 229 as follows:

[[Page 10199]]

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.

    2. In Sec.  229.32, paragraph (g)(3)(iii)(B) is revised and 
paragraph (g)(4)(i)(B)(2)(ii) is added to read as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

* * * * *
    (g) * * *
    (3) * * *
    (iii) * * *
    (B) Allow fishing within a DAM zone with anchored gillnet and 
lobster trap gear, provided such gear satisfies the requirements 
specified in paragraphs (g)(4)(i)(B)(1) and (g)(4)(i)(B)(2). These 
requirements are in addition to requirements found in Sec.  229.32 (b) 
through (d) but supercede them when the requirements in paragraphs 
(g)(4)(i)(B)(1) and (g)(4)(i)(B)(2) are more restrictive than those in 
Sec.  229.32 (b) through (d). Requirements for anchored gillnet gear in 
Other Northeast Gillnet Waters are as specified in paragraph 
(g)(4)(i)(B)(1) and requirements for lobster trap gear in Offshore 
Lobster Waters, Northern Nearshore Lobster Waters and Northern Inshore 
State Lobster Waters are as specified in paragraph (g)(4)(i)(B)(2). 
Requirements for anchored gillnet gear in Cape Cod Bay Restricted Area 
(May 16 through December 31), Stellwagen Bank/Jeffreys Ledge Restricted 
Area, Great South Channel Restricted Gillnet Area (July 1 through March 
31), Great South Channel Sliver Restricted Area (July 1 through March 
31), and Mid-Atlantic Coastal Waters are the same as requirements for 
Other Northeast Gillnet Waters. Requirements for lobster trap gear in 
Southern Nearshore Lobster Waters, Cape Cod Bay Restricted Area (May 16 
through December 31) and Stellwagen Bank/Jeffreys Ledge Restricted Area 
are the same as requirements for Northern Nearshore Lobster Waters and 
Northern Inshore State Lobster Waters. Requirements for lobster trap 
gear in the Great South Channel Restricted Lobster Area (July 1 through 
March 31) are the same as requirements for Offshore Lobster Waters.
* * * * *
    (4) * * *
    (i) * * *
    (B) * * *
    (2) * * *
    (ii) Northern Inshore State Lobster Waters and Northern Nearshore 
Lobster Waters areas buoy weak links- All buoy lines must be attached 
to the buoy with a weak link having a maximum breaking strength of up 
to 600 lb (272.4 kg). Weak links may include swivels, plastic weak 
links, rope of appropriate diameter, hog rings, rope stapled to a buoy 
stick, or other materials or devices approved in writing by the 
Assistant Administrator.
* * * * *
[FR Doc. 03-4897 Filed 3-3-03; 8:45 am]
BILLING CODE 3510-22-S