[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35894-35944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11847]



[[Page 35893]]

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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Parts 229, 635, and 648



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

  Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / 
Proposed Rules  

[[Page 35894]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 229, 635, and 648

[Docket No. 050127019-5019-01; I.D. 120304D]
RIN 0648-AS01


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: The National Marine Fisheries Service (NMFS) proposes to amend 
the regulations implementing the Atlantic Large Whale Take Reduction 
Plan (ALWTRP), to revise the management measures for reducing the 
incidental mortality and serious injury to the North Atlantic right 
whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliae), 
and fin whale (Balaenoptera physalus) in commercial fisheries to meet 
the goals of the Marine Mammal Protection Act (MMPA) and the Endangered 
Species Act (ESA). NMFS proposes additional regulations for the 
fisheries currently covered by the ALWTRP, which include the Northeast 
sink gillnet, Northeast/Mid-Atlantic American lobster trap/pot, U.S. 
Mid-Atlantic coastal gillnet, Southeast Atlantic gillnet, and 
Southeastern U.S. Atlantic shark gillnet fisheries. NMFS also proposes 
to regulate the following fisheries from the MMPA's List of Fisheries 
for the first time under the ALWTRP: Northeast anchored float gillnet, 
Northeast drift gillnet, Atlantic blue crab, and Atlantic mixed species 
trap/pot fisheries targeting crab (red, Jonah, and rock), hagfish, 
finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish 
(ocean perch), and white hake), conch/whelk, and shrimp.

DATES: Comments on the proposed rule must be received by 5 p.m. EST on 
July 21, 2005.

ADDRESSES: Comments may be submitted on this proposed rule, identified 
by RIN 0648-AS01, by any one of the following methods:
    (1) NMFS/Northeast Region Web site: http://www.nero.noaa.gov/nero/regs/com. Follow the instructions on the Web site for submitting 
comments.
    (2) Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instruction on the Web site for submitting comments.
    (3) E-mail: [email protected]. Please include the RIN 
0648-AS01 in the subject line of the message.
    (4) Mail: Mary Colligan, Assistant Regional Administrator for 
Protected Resources, NMFS, Northeast Region, 1 Blackburn Dr., 
Gloucester, MA 01930, ATTN: ALWTRP Proposed Rule.
    (5) Facsimile (fax) to: 978-281-9394, ATTN: ALWTRP Proposed Rule.
    Copies of the Draft Environmental Impact Statement/Regulatory 
Impact Review for this action can be obtained from the ALWTRP Web site 
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 Juan Levesque, 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, 978-281-9300 Ext. 6503, [email protected]; Kristy Long, 
NMFS, Office of Protected Resources, 301-713-2322, 
[email protected]; or Barb Zoodsma, NMFS, Southeast Region, 904-321-
2806, [email protected].

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.noaa.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.nefsc.noaa.gov/psb/assesspdfs.htm. 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 ALWTRP Web site at 
http://www.nero.noaa.gov/whaletrp/. The complete text of the 
regulations implementing the ALWTRP can be found either in the Code of 
Federal Regulations (CFR) at 50 CFR 229.32 or downloaded from the Web 
site, along with a guide to the regulations.

Background

    The ALWTRP was originally developed pursuant to section 118 of the 
Marine Mammal Protection Act (MMPA) to reduce the level of serious 
injury and mortality of three strategic stocks of large whales (fin, 
humpback, and North Atlantic right) interacting with Category I and II 
fisheries (i.e., those with frequent or occasional serious injury or 
mortality of marine mammals). The MMPA defines a strategic stock of 
marine mammals as a stock: (1) For which the level of direct human-
caused mortality exceeds the Potential Biological Removal (PBR) level; 
(2) which, based on the best available scientific information, is 
declining and is likely to be listed as a threatened species under the 
ESA within the foreseeable future; or (3) which is listed as a 
threatened or endangered species under the ESA, or as depleted under 
the MMPA (16 U.S.C. 1362(19)). Specific Category I and II fisheries 
under the original ALWTRP included the New England Multispecies sink 
gillnet (now called Northeast sink gillnet), Gulf of Maine/U.S. Mid-
Atlantic lobster trap/pot (now called Northeast/Mid-Atlantic American 
lobster trap/pot), U.S. Mid-Atlantic coastal gillnet, and Southeastern 
U.S. Atlantic shark gillnet fisheries. The measures identified in the 
ALWTRP were also intended to benefit minke whales (Balaenoptera 
acutorostrata), which are not strategic, but are known to be taken 
incidentally in gillnet and American lobster trap/pot fisheries.
    In general, the ALWTRP has consisted of a combination of regulatory 
and non-regulatory measures, including broad gear modifications, time-
area closures, expanded disentanglement efforts, extensive outreach 
efforts in key areas, gear research, and an expanded right whale 
surveillance program to supplement the Mandatory Ship Reporting System. 
The background for the take reduction planning process and initial 
development of the ALWTRP is provided in the preambles 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 that implemented 
the original plan.
    Since its implementation in 1997, the ALWTRP has been modified 
several

[[Page 35895]]

times to reduce the serious injury and mortality of large whales in 
gillnet and American lobster trap/pot gear. An interim final rule 
published in December 2000 (65 FR 80368, December 21, 2000) and a final 
rule in January 2002 (67 FR 1300, January 10, 2002; 67 FR 15493, April 
2, 2002), contain background information on changes to the ALWTRP that 
implemented additional gear modifications. In 2002, a final rule added 
the Southeast Atlantic gillnet fishery to those fisheries regulated by 
the ALWTRP, restricting the use of straight set gillnets at night in 
the Southeast U.S. Restricted Area (67 FR 59471, September 23, 2002; 68 
FR 19464, April 21, 2003). An interim final rule implemented a Seasonal 
Area Management (SAM) program (67 FR 1142, January 9, 2002; 67 FR 
65722, October 28, 2002), which identified two management areas based 
on the annual predictable presence of right whales and required gear 
modifications for lobster trap/pot and anchored gillnet gear in these 
areas on a seasonal basis. Additionally, in 2002, a final rule 
implemented a Dynamic Area Management (DAM) program (67 FR 1133, 
January 9, 2002; 67 FR 65722, October 28, 2002) to protect unexpected 
aggregations of right whales that met appropriate criteria by 
temporarily restricting lobster trap/pot and anchored gillnet fishing 
in a designated area. A final rule published in August 2003 (68 FR 
10195, March 4, 2003; 68 FR 51195, August 26, 2003) identified gear 
modifications determined to sufficiently reduce the risk of 
entanglement to right whales, and, therefore, deemed acceptable for 
fishing in DAM zones. Copies of the above documents and their 
supporting Environmental Assessments are available from the NMFS, 
Northeast Region (see ADDRESSES).

ESA Section 7 Consultation and the ALWTRP

    As described above, the ALWTRP was developed under section 118 of 
the MMPA and subsequently modified to comply with the purposes and 
policies of the MMPA. However, the three whale species directly 
protected by the ALWTRP (fin, humpback, and North Atlantic right) are 
also listed under the Endangered Species Act (ESA)(16 U.S.C. 1531 et 
seq.). In addition, many of the fisheries affected by the ALWTRP are 
subject to interagency consultation under section 7 of the ESA since 
the fisheries occur (at least in part) in Federal waters and are 
federally managed. These include the American lobster, black sea bass, 
and deep-sea red crab trap/pot fisheries; and the Northeast 
multispecies, monkfish, spiny dogfish, bluefish, southeastern U.S. 
Atlantic shark, and southeast Atlantic coastal pelagic gillnet 
fisheries.
    Section 7 of the ESA requires Federal agencies to ensure that their 
actions (e.g., implementation of fishery management measures) do not 
jeopardize the continued existence of ESA-listed species. The process 
for determining whether a Federal agency action will jeopardize any 
ESA-listed species is referred to as ``section 7 consultation.'' In 
1996, NMFS completed section 7 consultations for the American lobster 
trap/pot fishery and the Northeast multispecies gillnet fishery and 
concluded that the operation of these fisheries would jeopardize the 
continued existence of North Atlantic right whales as a result of 
serious injuries and mortalities occurring within lobster trap/pot and 
multispecies sink gillnet gear. NMFS also concluded that the new ALWTRP 
measures would modify these fisheries in such a way that jeopardy would 
be avoided. NMFS, therefore, accepted the ALWTRP measures as a 
reasonable and prudent alternative (RPA) to avoid jeopardy to right 
whales from these two fisheries.
    Similarly, following section 7 consultation on the Monkfish Fishery 
Management Plan (FMP) and Spiny Dogfish FMP in 1998 and 1999, 
respectively, NMFS concluded that the existing ALWTRP measures would 
avoid the likelihood that the gillnet component of these fisheries 
would jeopardize the continued existence of North Atlantic right 
whales.
    In 2000, NMFS reinitiated section 7 consultation for the Federal 
lobster, Northeast multispecies, monkfish, and spiny dogfish fisheries 
after receiving new information that indicated right whale population 
status was declining (Caswell et al., 1999), whale entanglements 
resulting in serious injuries were still occurring, and a recent right 
whale death resulted from entanglement in gillnet gear. Section 7 
consultation for each of the four fisheries was completed on June 14, 
2001, and concluded that the existing ALWTRP measures were not 
sufficient to remove the likelihood of jeopardy for North Atlantic 
right whales. A new RPA was developed for the four fisheries and 
included SAM, DAM, and additional gear modifications. These measures 
were implemented through rulemaking as part of the ALWTRP. The RPA also 
included monitoring criteria (a non-regulatory measure) to help assess 
the effectiveness of the RPA.
    In 2002, eight right whales were observed entangled after 
implementation of the RPA measures. One of the eight, a female right 
whale born in 2000 (RW 3107), had line with an attached buoy 
wrapped around and cutting into her tail stock. Several disentanglement 
attempts were made and she was subsequently freed of the gear. The 
recovered gear was examined to obtain further information on the 
entanglement event. NMFS could not positively identify the fishery or 
owner of the gear. However, based on the examination, NMFS concluded 
that the gear was consistent with that used in the inshore lobster trap 
fishery (Whittingham et al., 2003). [On July 30, 2003, NOAA Fisheries 
gear specialist clarified that the term ``inshore lobster trap 
fishery'' as used in the draft 2002 Large Whale Entanglement Report 
refers to U.S. waters that include northern inshore (certain state 
waters), northern nearshore, and southern nearshore waters as they are 
defined under the ALWTRP.] This conclusion was based on the 
configuration of the recovered gear, including the presence of a weak 
link with a breaking strength of no more than 600 lb (272.4 kg). Six 
weeks after the disentanglement, her carcass washed ashore on 
Nantucket, MA.
    Although the exact cause of death could not be determined, the 
necropsy of RW 3107 did reveal substantial tissue damage to 
the tail stock in the area where the entangling gear had been present. 
A draft necropsy report describes the most likely cause of death (based 
on the available evidence) as an infection or other debilitating 
condition caused by the injuries to the tail stock.
    NMFS reviewed the necropsy report and considered whether it 
provided sufficient information to show, based on RPA monitoring 
criteria, that the RPA was not effective at avoiding the likelihood of 
jeopardy to right whales. On June 13, 2003, NMFS received confirmation 
from the Northeast Fisheries Science Center (NEFSC) that the Atlantic 
Scientific Review Group (ASRG) concurred with the NEFSC finding that 
the death of RW 3107 was an entanglement related mortality. 
[The ASRG is 1 of 3 independent regional scientific review groups 
composed of individuals, in part, with expertise in marine mammal 
biology and ecology, population dynamics and modeling, and commercial 
fishing technology and practices. The review groups were established as 
required by section 117 of the MMPA, and serve as advisors to NOAA 
Fisheries and the FWS with respect to marine mammal issues.]
    There is no way to determine exactly when and where RW 
3107 became entangled. She was last seen prior to the 
entanglement in December 2001 off of

[[Page 35896]]

South Carolina. She was next seen (entangled) in July 2002 in Canadian 
waters off of Nova Scotia. Although RW 3107 could have become 
entangled in Canadian waters, NMFS considers this unlikely since 
Canadian trap fishers (whether for lobster, crab, or fish) are not 
required to use a 600-lb (272.4-kg) weak link. The more likely scenario 
is that RW 3107 became entangled in U.S. waters. While it is 
possible that she became entangled prior to when the RPA measures went 
into effect, this is somewhat irrelevant since the weak link on the 
entangling gear was the same breaking strength as is currently required 
by the RPA for certain lobster fishing areas.
    In summary, while the gear recovered from RW 3107 cannot 
be identified as originating from the U.S. lobster fishery, NMFS has 
determined that the gear is consistent with gear approved for use in 
the lobster fishery that is conducted in portions of the U.S. Exclusive 
Economic Zone (EEZ). In addition, NMFS has been advised that RW 
3107 died as a result of injuries caused by the entanglement. 
Therefore, based on the RPA monitoring criteria from the June 14, 2001, 
biological opinion, NMFS concluded that the entanglement event for RW 
3107 provides evidence that the RPA described in the June 14, 
2001, Opinion is not effective at avoiding the likelihood of 
jeopardizing the continued existence of right whales by the lobster 
trap fishery. As required, NMFS has reinitiated consultation to 
reexamine the effects of the fishery, as modified by the existing 
ALWTRP and RPA measures, on right whales. This consultation is in 
progress.
    NMFS reinitiated section 7 consultation on the Summer Flounder, 
Scup, Black Sea Bass FMP following new information on the applicability 
of the ALWTRP measures for federally-permitted black sea bass fishermen 
using pot/trap gear. This consultation is also in progress.
    In the Southeast Region, NMFS has conducted section 7 consultations 
on the following fishery management plans: Coastal Migratory Pelagics; 
Swordfish, Tuna, Shark, and Billfish; and Snapper-Grouper. In 1992, the 
section 7 consultation for Amendment 6 to the Coastal Migratory 
Pelagics FMP concluded that the proposed actions to regulate pelagic 
hook-and-line and gillnet fishing gear were not likely to adversely 
affect ESA-listed species, but that the fishing activities conducted 
under the authority of the FMP may affect, but were not likely to 
jeopardize, the continued existence of listed sea turtles. Subsequent 
consultations conducted on additional amendments to the Coastal 
Migratory Pelagics FMP and emergency actions have been informal. These 
informal consultations concluded that the regulatory changes resulting 
from these additional amendments would not alter the findings presented 
in the 1992 biological opinion prepared for Amendment 6 to the FMP. In 
addition, NMFS does not have data indicating that the level of take for 
sea turtles, as specified in the 1992 incidental take statement, has 
been exceeded, which would require reinitiating formal consultation. 
However, due to the listing of new species (e.g., smalltooth sawfish) 
on the ESA and designation of critical habitat for right whales in the 
southeast U.S. since 1992, NMFS believes reinitiating formal 
consultation is warranted and has begun this process.
    In 2003, NMFS conducted a section 7 consultation for the Draft 
Amendment 1 to the Highly Migratory Species FMP. The section 7 
consultation concluded that, based on the lack of reported interactions 
between large whales and the Southeast U.S. Atlantic shark gillnet 
fishery since the implementation of the ALWTRP and the RPA identified 
in the May 1997 biological opinion, the proposed action may affect, but 
is not likely to jeopardize the continued existence of right, humpback, 
and fin whales.
    Since 1989, NMFS has conducted numerous section 7 consultations on 
the Snapper-Grouper FMP and its subsequent amendments. These 
consultations have all concluded that the trap/pot gear used by the 
fisheries managed under the FMP, such as black sea bass pots, were not 
likely to jeopardize the continued existence of endangered large whales 
or result in the destruction or adverse modification of critical 
habitat. In 2000, a section 7 consultation for Amendment 12 to the FMP 
came to the same conclusion as all the prior consultations, however, 
NMFS expressed that interactions between hook-and-line and pot gear 
used by this fishery and endangered marine mammals and sea turtles may 
warrant further consideration in future amendments. Therefore, NMFS is 
presently in the process of re-initiating formal consultation on the 
Snapper-Grouper FMP.

Take Reduction Team Activities During 2003 and 2004

    Under the 1994 Amendments to the MMPA, the immediate goal of a take 
reduction plan (TRP) is to reduce the incidental take of strategic 
stocks of marine mammals in commercial fishing operations to below PBR 
within 6 months of implementing a TRP. The long-term goal is to reduce 
incidental takes to insignificant levels approaching a zero mortality 
and serious injury rate (69 FR 43338, July 20, 2004) within 5 years of 
implementing a TRP. For right whales, these two goals are essentially 
the same since the PBR level is zero. Under the ESA, NMFS is obligated 
to use its authorities to conserve endangered and threatened species 
and ensure that actions authorized by the agency, such as fishing in 
Federal waters, are not likely to jeopardize the continued existence of 
any endangered or threatened species, including right whales.
    NMFS determined that additional modifications to the ALWTRP were 
warranted based on the continued entanglement of large whales in 
commercial fishing gear since the 2002 ALWTRP regulations became 
effective. Therefore, NMFS reconvened the ALWTRT from April 28-30, 
2003, to help evaluate the ALWTRP and discuss additional modifications 
necessary to meet the goals of the MMPA and ESA. NMFS asked the ALWTRT 
to consider some preliminary options provided in advance of the 
meeting, as well as develop additional options for addressing 
incidental interactions between commercial fisheries and large whales. 
Particular emphasis was placed on those options designed to reduce the 
potential for entanglements and minimize adverse impacts if 
entanglements occur.
    Following the April 2003 meeting, the ALWTRT met in separate 
subgroups over the next 2 months to further discuss and refine the 
proposals developed at the April meeting. These ALWTRT meetings 
included a ``Northeast Inshore Lobster Trap/Pot'' subgroup that met on 
May 19, 2003; an ``Offshore Trap/Pot'' subgroup that met on June 17, 
2003; a ``Southeast/Mid-Atlantic'' subgroup that met on June 23, 2003; 
and a ``Northeast Gillnet'' subgroup met on June 24, 2003. All ALWTRT 
meetings, including subgroup meetings, were open to the public.
    Subsequently, on June 30, 2003, NMFS published a Notice of Intent 
(NOI) in the Federal Register to announce the agency's intent to 
prepare an Environmental Impact Statement (EIS) that would analyze the 
impacts of alternatives for amending the ALWTRP (68 FR 38676). The 2003 
NOI expanded the scope of analysis from an NOI previously published in 
2001 (66 FR 50390, October 3, 2001), which was issued when NMFS was 
planning to prepare an EIS to analyze the impacts of alternatives under 
consideration to finalize the SAM program. In the 2003 NOI, NMFS 
announced several public

[[Page 35897]]

scoping meetings along the east coast to solicit comments on the range 
of issues to be considered during the preparation of the EIS. Proposals 
from the April 2003 ALWTRT meeting and subsequent subgroup meetings 
were used to develop an issues and options document, which NMFS made 
available to the public during the scoping process. The ALWTRT had 
agreed on two overriding principles for reducing the risk of 
interactions between large whales and commercial fisheries; these 
principles were included in the scoping document. These include the 
following: (1) Reducing profiles of all groundlines to minimize risk of 
entanglement and (2) reducing the risk of entanglement associated with 
vertical lines.
    The document also described the major issues, current management 
and legal requirements, and potential management measures (including 
measures already in effect) to address fisheries that may frequently or 
occasionally interact with large whales. During the summer of 2003, 
NMFS conducted six public scoping meetings along the east coast.
    The full ALWTRT met again February 3-4, 2004. NMFS updated team 
members and interested parties on recent whale conservation activities 
and research, revisited the ALWTRP principles, and discussed the 
upcoming rulemaking process, among other issues. At this meeting, 
similar to the 2003 ALWTRT meeting, much of the discussions focused on 
ways to reduce the entanglement risk associated with groundlines. To 
date, the ALWTRT meetings and the scoping meetings associated with the 
draft EIS (DEIS) process have yielded little from which NMFS could 
propose effective and comprehensive management measures designed to 
address the vertical line issue. In fact, at the 2004 ALWTRT meeting, 
team members highlighted the need for further biological and gear 
research to develop appropriate management measures for reducing the 
risk associated with vertical lines. As a result, NMFS is outlining a 
strategy to reduce interactions with groundlines in this proposed rule, 
along with some measures to address vertical lines, and plans to 
further address the risk associated with vertical lines through future 
rulemaking.

Reducing the Risk of Entanglement Associated With Groundlines

    Floating groundline is a source of entanglement for large whales. 
Underwater video recording of typical trap/pot gear with floating 
groundline between traps revealed that the line often forms large loops 
in the water column (an average of 8-18 feet (2.44-5.49 meters) above 
the bottom) between traps (McKiernan et al., 2002). This slack in the 
floating line presents an entanglement risk to large whales because 
they often use the entire water column when foraging. For example, 
during feeding activities in Cape Cod Bay, three right whales tagged by 
multi-sensor telemetry units spent up to 31 percent of their time in 
the bottom third of the water column. During non-feeding activities, 
whale use in this portion of the water column increased up to 40 
percent (Wiley & Goodyear, 1998).
    One method proposed at the April 2003 ALWTRT meeting for reducing 
the groundline entanglement risk centered on lowering the profile of 
the line to a pre-determined level, which would remove it from the mid- 
and upper portions of the water column. However, at the February 2004 
ALWTRT meeting, a group of large whale researchers proposed that 
lowering the profile of groundlines to within a few feet of the bottom 
may not be effective at reducing the risk of large whale entanglements 
in some areas, particularly areas known to support foraging 
aggregations of highly endangered right whales. They explained that 
many of the most serious right whales entanglements involve the head 
and mouth. These head and mouth entanglements presumably occur during 
open-mouth feeding activities that may be correlated to a dense layer 
of zooplankton near the bottom of the seafloor. Therefore, the ALWTRT 
recommended using sinking or neutrally buoyant groundline in these 
areas, which would bring groundlines down to the seafloor.
    In light of this information, NMFS is unable to support using 
``low-profile'' groundline at this time. Further research and analysis 
is needed on whether lowering the profile of groundline to depths other 
than the ocean bottom reduces the potential for large whale 
entanglement in certain areas. Additionally, NMFS must determine the 
appropriate depth to which the groundline profile could be reduced. 
Specifically, further information and analysis are needed on prey 
distribution, large whale distribution and behavior, and methods for 
reducing the profile of groundline. NMFS would need to define ``Low-
profile'' line in such a way that it is enforceable, is operationally 
feasible for fishermen, and reduces the risk of entanglement. 
Presently, NMFS and others are researching all of these issues. NMFS 
may consider ``low-profile'' groundline in the future. Through this 
proposed rule, NMFS is soliciting comments and information on any of 
the issues noted above that are related to ``low profile'' groundline.

Reducing the Risk of Entanglement Associated With Vertical Lines

    Although this proposed rule contains alternatives that would 
require fishermen to convert groundlines from floating line to sinking 
line and provides a plan for addressing vertical lines in the future, 
NMFS is proposing a staged approach to the implementation of gear 
modifications. Through this proposed rule, groundline modifications 
would be implemented and vertical line modifications would follow once 
sufficient gear research is conducted. NMFS developed this approach 
jointly with the ALWTRT. The ALWTRT agreed at the April 2003 meeting 
that NMFS should reduce the risk of entanglement associated with 
vertical lines as well as reduce the profile of groundline. This is 
supported by Johnson et al. (2005), which concluded that any line 
rising into the water column presents an entanglement risk to large 
whales; although it is difficult to compare the relative risks 
associated with different gear parts (e.g., vertical lines versus 
groundlines). As mentioned previously, most ALWTRT members proposed 
that, at this time, NMFS should only consider management options to 
address groundlines and should address vertical lines in future 
rulemaking actions. Currently, neither the ALWTRT nor NMFS is able to 
identify a viable option for further reducing the risk associated with 
vertical lines. Therefore, NMFS believes that additional research and 
discussions with the ALWTRT are needed to address this issue.
    A better scientific understanding about the nature of 
entanglements, specifically the gear part involved (e.g., vertical 
line), would help NMFS develop better management programs and reduce 
the serious injury and mortality of large whales due to incidental 
interactions with commercial fisheries. Therefore, NMFS is also 
proposing in this rule to expand the gear marking requirements for 
vertical lines, which would help provide information about the nature 
of the gear involved in large whale entanglements. This information 
would also provide valuable insight concerning where, when, and how the 
entangling gear was set.
    Research into reducing the risk associated with vertical line is 
currently focusing on the profiles of vertical line with different buoy 
line configurations (e.g., sinking/neutrally buoyant vs. 
polypropylene), as well as other

[[Page 35898]]

modifications (e.g., requiring a minimum number of traps per trawl in 
certain areas). NMFS and others are also investigating how whales 
utilize the water column, including foraging ecology and diving 
behavior, which will help determine the appropriate mitigation 
strategies for reducing entanglement risk from vertical lines.
    As noted above, the alternatives considered in this proposed rule 
focus primarily on reducing risks associated with groundlines. However, 
until new vertical line gear modifications are developed, NMFS is 
responding to the vertical line issue through such measures as 
proposing expanded gear marking, reducing the breaking strength of weak 
links, regulating additional fisheries under the ALWTRP, and 
considering two buoy lines allowed per trawl or string. In the latter 
case, NMFS found that requiring the use of one buoy line may encourage 
fishermen to split trawls or strings, thus increasing the number of 
vertical lines in the water column. In addition, requiring one buoy 
line may increase the risk of gear loss, thereby increasing the 
entanglement risks associated with ``ghost gear'' or fishing gear left 
untended or lost that continues to fish. Therefore, this would not be 
an effective broad-based measure to implement.
    In light of the ongoing research on the risk of entanglement in 
vertical lines and the lack of a viable management option for 
addressing the issue at this time, NMFS is proposing the use of sinking 
and/or neutrally buoyant groundline to reduce the serious injury and 
mortality from incidental interactions between large whales and 
commercial fishing gear. However, through this action, NMFS is 
soliciting comments and information on any of these issues discussed 
above that are also related to vertical lines.

Preferred Alternatives

    As a result of public input provided through the DEIS scoping 
process, NMFS developed six alternatives, including a ``No Action'' or 
status quo alternative, to modify the ALWTRP. All six of these 
alternatives are described and analyzed in detail in the DEIS prepared 
to accompany this proposed rule (NMFS, 2004). Of the six alternatives 
considered, NMFS has identified two Preferred Alternatives 
(Alternatives 3 and 6 in the DEIS) for amending the ALWTRP, which are 
described below. Although NMFS has identified six alternatives, two of 
which are preferred, NMFS is seeking comment on all the alternatives. 
Based on comments received, NMFS proposes to implement one alternative 
in the final rule.
    The two Preferred Alternatives include the following: Expanding the 
geographic and temporal requirements of the ALWTRP; broad-based gear 
modifications such as reducing the profile of groundline and marking 
vertical lines; applying ALWTRP regulations to similar gillnet and 
trap/pot gear not currently regulated; and clarifying existing 
regulations so the intended effect is more understandable. Although 
NMFS did not receive consensus (i.e., unanimity) from the ALWTRT on the 
specific amendments to the ALWTRP, the preferred alternatives analyzed 
in the DEIS and proposed in this document are based on proposals 
presented by the ALWTRT and the general public during both ALWTRT and 
DEIS scoping meetings.

Alternative Three (Preferred)

Changes Proposed for the Atlantic Large Whale Take Reduction Plan for 
Boundaries and Seasons
    The dataset used in the analyses to determine the proposed 
boundaries and seasons for ALWTRP gear modifications was drawn from the 
December 2003 version of the North Atlantic Right Whale (NARW) Sighting 
Database curated by the University of Rhode Island (URI). This dataset 
includes all large whale sightings collected during all right whale 
surveys, totaling 21,977 right, 4,414 humpback, and 8,098 fin whale 
sighting records from the 18th century through 2003.
    These sighting records have documented the presence of all three 
species as far offshore as the eastern edge of the EEZ. In addition, 
given the limited amount of offshore survey effort, it is almost 
certain that there are more large whales in this area than are recorded 
in the database. Therefore, this preferred alternative would extend the 
ALWTRP gear modifications for regulated areas of the east coast out to 
the eastern edge of the EEZ. NMFS believes that expanding the waters 
regulated under the ALWTRP would protect large whales where they have 
been historically sighted and are expected to occur. Moreover, this 
proposed expansion would make the ALWTRP more consistent with the 
waters regulated under Fishery Management Plans (FMPs), which manage 
fisheries out to the eastern edge of the EEZ.
    As indicated by the dataset, right, humpback, and fin whale 
distributions have a strong spatial and temporal aspect; therefore, 
this preferred alternative identifies these spatial and temporal 
changes. NMFS has determined that the boundaries proposed for requiring 
gear modifications year-round in the northeast are supported by the 
sightings data obtained from the NARW Sightings Database, which 
indicates that right, humpback, and fin whales are commonly observed in 
all seasons. Therefore, this preferred alternative would require broad-
based gear modifications on a year-round basis from Maine to the Rhode 
Island/Connecticut border (41[deg]18.2' N. and 71[deg]51.5' W.; Watch 
Hill, RI), south to 40[deg]00' N., and east to the eastern edge of the 
EEZ.
    In the Mid-Atlantic, right and humpback whales can be found year-
round, but according to the NARW Sightings Database, sightings 
primarily occur between September and May. Fin whales are only present 
in the Mid-Atlantic north of Cape Hatteras in the summer. Therefore, in 
this preferred alternative, NMFS proposes to require gear modifications 
in these waters on a seasonal basis, from September to May, when more 
sightings are reported and the risk of entanglement with commercial 
fishing gear is greater. Under this preferred alternative, a line drawn 
from the Rhode Island/Connecticut border, south to 40[deg]00' N., and 
east to the eastern edge of the EEZ, would serve as the northern 
boundary for seasonal gear modifications in the Mid-Atlantic and the 
South Carolina/Georgia border east to the eastern edge of the EEZ would 
serve as the southern boundary. In addition, the southern boundary 
would separate Mid-Atlantic waters from the right whale calving grounds 
and critical habitat area in the southeast.
    During the winter months (November to April), right whales are most 
often sighted south of the South Carolina/Georgia border. Humpback 
whales are also reported in southeast coastal waters during this time 
of year. Stranding data suggest that fin whale calving may occur along 
the latitudes of the Mid-Atlantic; however, it is unknown where 
calving, mating, and wintering for most of the population takes place 
(Hain et al., 1993). In this preferred alternative, NMFS is proposing 
seasonal gear modifications from November 15 to April 15 for all ALWTRP 
regulated fisheries between the South Carolina/Georgia border and 
29[deg]00' N. based on this information in the Southeast Region. From 
December 1 to March 31, gear modifications would be required for trap/
pot and Southeast Atlantic gillnet fisheries between 29[deg]00' N. and 
27[deg]51' N., and for the Southeastern U.S. Atlantic shark gillnet 
fishery between

[[Page 35899]]

29[deg]00' N. and 26[deg]46.5' N. NMFS considers the proposed southern 
boundaries appropriate based on the NARW Sighting Database, which 
indicates that right whales are rarely sighted south of 29[deg]00' N. 
from November 1 to November 15 (n=1) or from April 1 to 15 (n=3). NMFS 
will continue to monitor from 27[deg]51' N. to 26[deg]46.5' N. and 
south of this area in the event that sightings data warrant the 
expansion of management areas.
Changes Proposed for the Atlantic Large Whale Take Reduction Plan for 
Lobster Trap/Pot Gear
    Northern Inshore State and Nearshore Trap/Pot Waters, Cape Cod Bay 
Restricted Area (May 16-December 31), Stellwagen Bank/Jeffreys Ledge 
Restricted Area, and Great South Channel Restricted Area (Nearshore 
Portion)--The current regulations for Northern Nearshore Trap/Pot 
Waters, Stellwagen Bank/Jeffreys Ledge Restricted Area, and the Federal 
portion of the Cape Cod Bay Restricted Area (May 16-December 31) 
require one buoy line on trawls of 5 or fewer traps. However, NMFS has 
received reports that the current requirement sometimes results in 
fishermen splitting their trawls and fishing a greater number of 
smaller trawls, which increases the number of buoy lines in the water 
if the majority of fishermen are engaging in this practice. Therefore, 
for these ALWTRP areas only, this preferred alternative would allow 
five-trap trawls to have two buoy lines. Under this preferred 
alternative, NMFS would require the use of only one buoy line for 
trawls of 4 or fewer traps, and to allow trawls with 5 or more traps to 
have two buoy lines (effective six months after publication of a final 
rule). As noted previously, NMFS intends to discuss vertical line 
issues, including the complex ones such as the number of traps per 
trawl, with the ALWTRT after ongoing research is completed in order to 
develop a comprehensive approach to reducing entanglement risk 
associated with vertical lines.
    For Northern Inshore State Trap/Pot Waters and the state portion of 
the Cape Cod Bay Restricted Area (May 16-December 31) only, this 
preferred alternative would eliminate the Lobster Take Reduction 
Technology List (i.e., a list of gear modification options) and require 
a 600-lb (272.2-kg) weak link on all flotation devices and/or weighted 
devices attached to the buoy line (effective 6 months after publication 
of a final rule). Weak links are already a requirement in other areas, 
such as the Cape Cod Bay Restricted Area from January 1 to May 15. 
Therefore, this would enable NMFS to utilize weak links as a broad-
based management measure. It is important to note that, while the 
strain recorded on buoy systems during load cell testing can indicate 
whether a particular weak link breaking strength is appropriate, the 
recorded strains alone cannot establish weak link breaking strengths 
because breaking strengths must factor in a reasonable measure of 
safety to prevent losing gear at sea during the worst conditions. Gear 
research has indicated that a 600-lb (272.4-kg) breaking strength weak 
link will provide a measure of protection for whales, as well as 
maintain gear operations and prevent the loss of gear in this area 
(i.e., ghost gear).
    This preferred alternative would also lower the weak link breaking 
strength on all flotation devices and/or weighted devices attached to 
the buoy line in the nearshore portion of the Great South Channel 
Restricted Area that overlaps with LMA 2 and the Outer Cape (July 1-
March 31) from 1,500-lb (680.4-kg) to 600-lb (272.2-kg) (effective 6 
months after publication of a final rule). All fishermen in the 
nearshore portion of the Great South Channel Restricted Area would then 
be required to have a 600-lb weak link on all flotation devices and/or 
weighted devices attached to the buoy line. This would ensure that 
fishermen in nearshore areas (i.e., LMA 2 and the Outer Cape) have the 
same weak link requirements.
    Offshore Trap/Pot Waters Area and Great South Channel Restricted 
Area (Offshore Portion)--This preferred alternative would extend the 
southern boundary of the Offshore Trap/Pot Waters Area by following the 
100-fathom (600-ft or 182.9-m) line from 35[deg]30' N. to 27[deg]51' N. 
and then extending out to the eastern edge of the EEZ (effective 6 
months after publication of a final rule). In addition to the current 
requirements, this preferred alternative would lower the maximum 
breaking strength of weak links on all flotation devices and/or 
weighted devices attached to the buoy line in Offshore Trap/Pot Waters 
and the offshore portion of the Great South Channel Restricted Area 
that overlaps with the LMA 2/3 overlap and LMA 3 Areas from 2,000 lb 
(907.2 kg) to 1,500 lb (680.4 kg) (effective 6 months after publication 
of a final rule). Lowering the weak link breaking strength is 
appropriate, as testing conducted by the NMFS Gear Research Team and 
the offshore lobster industry found that the breaking strength on the 
buoy line could be lowered while still allowing the gear to be used 
effectively.
    Southern Nearshore Trap/Pot Waters Area--This preferred alternative 
would extend the southern boundary of the Southern Nearshore Trap/Pot 
Waters Area by following the 100-fathom (600-ft or 182.9-m) line from 
35[deg]30' N. to 27[deg]51' N. and then extending the boundary inshore 
to the coast or exempted areas. The Southern Nearshore Trap/Pot Waters 
would be defined by Lobster Management Areas 4, 5, and 6 (except for 
the exempted areas) north of 35[deg]30' N. and by the 100-fathom (600-
ft or 182.9-m) line west to the coast or exempted areas south of 
35[deg]30' N. In addition to the current requirements, this preferred 
alternative would implement the regulations currently required in the 
Southern Nearshore Trap/Pot Waters in the portion of Lobster Management 
Area 6 that is neither exempted under the ALWTRP waters (i.e., mouth of 
Long Island Sound) nor currently regulated by the ALWTRP (effective 6 
months after publication of a final rule).
Changes Proposed for the Atlantic Large Whale Take Reduction Plan for 
Other Trap/Pot Gear
    The following trap/pot fisheries (designated as ``Other Trap/Pot 
Fisheries'' from this point on) are currently not regulated under the 
ALWTRP, but have the potential to entangle large whales: crab (red, 
Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, 
cod, haddock, pollock, redfish (ocean perch), and white hake), conch/
whelk, and shrimp. In both preferred alternatives, NMFS proposes to 
regulate these trap/pot fisheries under the ALWTRP because they have 
the potential to entangle, seriously injure, and kill large whales. For 
some of these fisheries, entanglements have been documented. However, 
NMFS is soliciting comments to help determine if all appropriate 
directed fisheries have been included in the above list (other than 
lobster). A complete listing of the species landed using trap/pot gear 
is provided as Appendix 4A to Chapter 4 of the DEIS (see ADDRESSES).
    Through this proposed rule, these Other Trap/Pot fisheries would be 
required to comply with current ALWTRP regulations, including the 
universal gear modifications, and would follow the same area 
designations and requirements (e.g., weak links, SAM and DAM program 
requirements, and Critical Habitat restrictions) currently required and 
proposed for the lobster trap/pot fisheries already covered by the 
ALWTRP (effective 6 months after publication of a final rule). [The 
ALWTRP universal gear modifications

[[Page 35900]]

include: no buoy line floating at the surface, no wet storage of gear 
(all gear must be hauled out of the water at least once every 30 days), 
and fishermen are encouraged, but not required, to maintain knot-free 
buoy lines.] Where applicable, these fisheries would also be regulated 
under the ALWTRP within the portion of Lobster Management Area 6 that 
is not exempted by the ALWTRP (i.e., mouth of Long Island Sound) 
(effective 6 months after publication of a final rule). In addition to 
complying with the current ALWTRP requirements, the Other Trap/Pot 
Fisheries would be required to comply with the proposed modifications 
for the lobster trap/pot fishery specified in this proposed rule 
(effective 6 months after publication of a final rule unless otherwise 
noted). NMFS proposes that these Other Trap/Pot fisheries are similar 
enough in configuration and operation that they should be regulated 
similarly, with the exception of the red crab fishery discussed below.
    Red crab Trap/Pot Gear: Through this proposed rule, the maximum 
weak link breaking strength would be lowered from 3,780-lb (1,714.6-
kg), as currently required in the Final Rule implementing the Red Crab 
Fishery Management Plan (67 FR 63221, October 19, 2002), to 2,000-lb 
(907.2-kg). Initially, the 3,780-lb (1,714.6-kg) weak link breaking 
strength was implemented to be consistent with the original ALWTRP weak 
link requirements for the offshore lobster fishery. However, at the 
February 2004 ALWTRT meeting, members discussed lowering the weak link 
breaking strength for the red crab fishery. Following the meeting, NMFS 
worked with red crab fishermen to understand the gear configurations 
and operations of this fishery. Based on this research, NMFS proposes 
that a 2,000-lb (907.2-kg) weak link be attached to all flotation and/
or weighted devices attached to the buoy line in the red crab fishery 
(effective 6 months after publication of a final rule). Accordingly, 
the regulatory text found at 50 CFR 648.264(a)(6)(i) regarding weak 
link breaking strength for red crab fishing gear would be modified 
under this proposed rule to include a cross reference to the ALWTRP 
regulations found at Sec.  229.32.
    NMFS believes the proposed weak link configurations for the red 
crab fishery are appropriate due to the unique operational 
characteristics of and human safety concerns associated with the red 
crab fishery. The red crab fishery typically operates in offshore 
waters at depths in excess of 2,000-ft (609.6-m), thus the gear 
deployed to fish in these conditions must be adapted accordingly to 
endure the elements. The individual trawls consist of up to 200 traps. 
Buoy lines required to set and haul this gear must be able to withstand 
significant loads. As a result, the buoy lines use rope that is larger 
in both diameter and length, which requires the support of a more 
buoyant surface system. Therefore, to prevent buoys from being pulled 
underwater by the size and weight of the buoy lines, up to 2,400 lbs 
(1,088 kg) of positive buoyancy must be attached to the surface end of 
the buoy lines, often with individual buoys having 800-lbs (362.9-kg) 
of buoyancy. Moreover, the hydrodynamic force of currents and wave 
activity may affect the buoy and, coupled with the buoyancy component, 
could increase the load on each buoy significantly above 800-lb (362.9-
kg).
Changes Proposed for the Atlantic Large Whale Take Reduction Plan for 
All Trap/Pot Gear
    Broad-based Gear Modifications--As previously noted, most of the 
broad-based gear modifications identified in this proposed rule would 
become effective 6 months after publication of the final rule except 
for the groundline requirement discussed below, which would be phased-
in. In 2008, when the sinking/neutrally buoyant groundline requirement 
becomes fully effective, this preferred alternative would eliminate the 
SAM and DAM programs. However, until 2008, the Other Trap/Pot Fisheries 
that would be added to the ALWTRP would be subject to SAM and DAM 
program requirements. NMFS would like public comment on the proposed 
gear modifications as well as any variations that would provide 
conservation benefits to large whales comparable to the measures 
described above. Specifically, NMFS is interested in comments on 
whether installing gear modifications are warranted for gear that is 
tended and/or actively fished (i.e., gear that is in close proximity to 
the vessel and has a maximum soak time).
    ALWTRP Regulated Trap/Pot Waters: Due to the proposed addition of 
new trap/pot fisheries, ALWTRP-regulated Lobster Waters would be re-
designated as ALWTRP-regulated Trap/Pot Waters to reflect the broader 
application of ALWTRP requirements. Accordingly, under the proposed 
rule, the term ``lobster trap/pot'' would be replaced with ``trap/pot'' 
where it appears in the regulations implementing the ALWTRP.
    Seasons and Boundaries: Under this proposed rule, an area would be 
created bounded on the west by a line running from the Rhode Island/
Connecticut border (41[deg]18.2' N. and 71[deg]51.5' W.; Watch Hill, 
RI), south to 40[deg]00' N., and east to the eastern edge of the EEZ. 
The gear fished in the area north of this line would be required to 
incorporate current and proposed broad-based gear modifications year-
round; the gear fished in the area south of this line to the South 
Carolina/Georgia border would require gear modifications from September 
to May (effective 6 months after publication of a final rule). Areas 
south of the South Carolina/Georgia border would require gear 
modifications in the following areas and during the following seasonal 
time periods: between the South Carolina/Georgia border and 29[deg]00' 
N. from November 15-April 15; between 29[deg]00' N. and 27[deg]51' N. 
from December 1-March 31 (effective 6 months after publication).
    Sinking/Neutrally Buoyant Groundlines: Under this preferred 
alternative, the lobster trap/pot fishery currently regulated by the 
ALWTRP, as well as the other trap/pot fisheries to be added through 
this proposed rule, would be required to use groundline composed 
entirely of sinking and/or neutrally buoyant line in the applicable 
areas and time periods beginning in 2008.
    Although the broad-based sinking/neutrally buoyant groundline 
requirement would not become effective until 2008, NMFS believes that, 
in the northeast, the changeover to sinking/neutrally buoyant 
groundline will begin prior to 2008 as fishermen replace their 
groundline as it naturally wears out. For example, according to a 
Massachusetts Division of Marine Fisheries (MADMF) gear buyback program 
survey of fishermen who are representative of the Massachusetts inshore 
lobster trawl fleet, this fishery has undergone an estimated 10-percent 
reduction in the amount of floating groundline used between 2002 and 
2003. The data indicated that 46.7 percent of the fishermen who 
responded to the survey (515 out of 1196 surveys sent) do not currently 
use floating groundline in their trawls. Fifty-six percent of these 
fishermen indicated they have replaced floating groundline within the 
last three years.
    Based on these results and communication with the inshore lobster 
trap/pot industry, MADMF reports the majority of the inshore lobstermen 
are switching to sinking/neutrally buoyant groundline (MADMF uses the 
term ``negatively buoyant''). Additionally, MADMF is partnering with 
other groups on a gear exchange program to provide Massachusetts 
commercial lobstermen with financial assistance (through federal grant 
monies) to purchase ``negatively buoyant'' groundline to

[[Page 35901]]

reduce the risks of right whales becoming entangled in state coastal 
waters. Eligible Massachusetts lobstermen would turn in their old 
polypropylene line, which would then be recycled. Lobstermen would then 
be issued a voucher that they may use to purchase new ``negatively 
buoyant'' line at a participating distributor (fishermen would be 
required to pay for a portion of the line).
    MADMF expects the switch-over to ``negatively buoyant'' groundline 
through this program to occur by spring 2005. The early changeover is 
also likely to continue particularly in the northeast as fishermen 
respond to gear modifications required by the implementation of SAM and 
DAM programs, which require seasonal or temporary use of non-floating 
groundline. For example, some fishermen may choose to fish with SAM 
and/or DAM compliant gear year round, or at least during the months 
when SAM areas are in effect and DAM zones are most likely to be 
triggered, rather than having to change their gear over when a SAM area 
is effective or remove it when a DAM zone is established. NMFS believes 
this situation would occur in other areas too, especially as fishermen 
replace their old line with new line, which would begin to provide 
increased protection of large whales from entanglement earlier than 
2008.
    Weak Links: Through this proposed rule, weak links of the 
appropriate breaking strength would be required on all flotation 
devices and/or weighted devices attached to the buoy line such as 
buoys, toggles, and/or leaded lines (effective 6 months after 
publication of a final rule) for all current and proposed ALWTRP 
regulated areas and fisheries during the time periods when ALWTRP 
restrictions apply. The Other Trap/Pot Fisheries to be added to the 
ALWTRP under this proposed rule would also be subject to the weak link 
requirements. The weak link requirement is specifically designed to 
reduce entanglement and serious injury due to entanglements in and 
around the mouth and in buoy lines and surface systems. Thus, if a 
buoy, toggle, or weighted device is not attached to the buoy line with 
a weak link, a buoy line that becomes entangled through the mouth of a 
whale may be prevented from passing through the whale's baleen, and may 
result in a more complicated entanglement. Adding a weak link to all 
devices attached to the buoy line 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.
Changes Proposed for the Atlantic Large Whale Take Reduction Plan for 
Gillnet Gear
    Northeast Gillnet Waters--Anchored gillnets: Under both preferred 
alternatives, NMFS would require an increase in the number of weak 
links per net panel from one 1,100 lb (498.9 kg) to five or more 1,100 
lb (498.9 kg) weak links, depending on the length of the net panel, for 
anchored gillnets in Northeast Gillnet Waters (effective 6 months after 
publication of a final rule). Net panels are typically 50 fathoms (300 
ft or 91.4 m) in length, but the weak link requirement would apply to 
all variations in panel size. For example, net panels of 50 fathoms 
(300 ft or 91.4 m) or less in length, would be required to have one 
weak link in the floatline at the center of the net panel. For net 
panels greater than 50 fathoms (300 ft or 91.4 m), weak links would be 
placed continuously along the floatline separated by a maximum distance 
of 25 fathoms (150 ft or 45.7 m). For all variations in panel size, the 
following weak link requirements would apply: (1) Weak links would be 
placed in the center of each of the up and down lines at each end of 
each net panel; and (2) one floatline weak link would be placed as 
close as possible to each end of the net panel just before the 
floatline meets the up and down line. According to Smolowitz & Wiley 
(Land Testing of Gillnet Modifications,1998), it is better to place the 
weak links within each gillnet section rather than outside the panel at 
the bridle. Links that part at the bridle would leave a long section of 
net and line, which could still entangle a whale; however, the gillnet 
panel webbing without the floatline and leadline is not a very strong 
component of the gear and is less likely to cause serious injury or 
mortality. NMFS would like public comment on the proposed weak link 
configuration as well as any variations that would provide conservation 
benefits to large whales comparable to the weak link configuration 
described above. Specifically, NMFS is interested in comments on 
variations to the location of weak links within each gillnet section.
    In addition, all anchored gillnets, regardless of the number of net 
panels, would be required to 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 (effective 6 months after publication of a final 
rule). Dead weights and heavy leadline would no longer be available as 
an optional anchoring system. Anchors with the holding power of a 22-lb 
(10.0-kg) Danforth-style anchor at each end of the net string would 
provide more resistance to allow a whale that becomes entangled to 
break the line at the weak links when enough force is exerted. NMFS 
believes that this weak link configuration would result in the whale 
either breaking entirely free of the gear or swimming away with only a 
portion of line or gear attached. When a portion of the gear remains 
attached to the whale in this manner, rather than being wrapped around 
the whale's body and exacerbating the initial entanglement, it could be 
shed more easily by the whale or may be removed through subsequent 
disentanglement efforts. NMFS would like public comment on the proposed 
configuration as well as any variations that would provide conservation 
benefits to large whales comparable to the weak link and anchoring 
configuration described above. Specifically, NMFS is interested in 
comments on variations to weak link and anchoring configurations for 
gillnets set within 300 yards (900 ft or 274.3 m) of the shore.
    In the Northeast, since the summer of 2001, the NMFS Gear Research 
Team has collected information on gillnet gear fished with five weak 
links per net panel, anchored at both ends of the net string with the 
holding power of a 22-lb (10.0-kg) Danforth-style anchor, and no 
floating groundline. This gillnet gear configuration was fished in 15-
net strings in the same manner as unmodified nets in both 12-25 nm 
(22.2-46.3 km) and 80-100 nm (148.2-185.2 km) offshore locations. Areas 
fished with this gear include the Great South Channel Sliver Area, 
Jeffreys Ledge, Cashes Ledge and Platts Bank, the Outer Falls, and the 
edge of the Davis Swell. Conditions included extremes in current, 
tides, and weather. The above configured nets displayed no problems 
other than those consistent with traditionally rigged gillnets in the 
Gulf of Maine.
    Mid/South Atlantic Gillnet Waters--Currently, the ALWTRP regulates 
gillnets in the Mid-Atlantic in an area designated as the Mid-Atlantic 
Coastal Gillnet Waters Area, but does not regulate the waters between 
the Virginia/North Carolina border east of 72[deg]30' W., and off the 
coast of South Carolina to the eastern edge of the EEZ to protect large 
whales. Under both preferred alternatives, the Mid-Atlantic Coastal 
Gillnet Waters Area would be expanded and renamed to include these 
currently unregulated waters (which include a component of the U.S. 
Mid-Atlantic coastal gillnet fishery and Southeast Atlantic gillnet 
fishery). Specifically, gillnet fisheries in the

[[Page 35902]]

waters from 72[deg]30' W., south to the Virginia/North Carolina border, 
east to the eastern edge of the EEZ, and south to the South Carolina/
Georgia border would be referred to as Mid/South Atlantic Gillnet 
Waters (effective 6 months after publication of a final rule).
    Anchored gillnet: An anchored gillnet is defined at 50 CFR 229.2 as 
``any gillnet gear, including a sink gillnet or stab net, that is set 
anywhere in the water column and which is anchored, secured, or 
weighted to the bottom of the sea. Also called a set gillnet.'' Thus, 
ALWTRP anchored gillnet regulations include those gillnets that are 
weighted to the ocean floor, but do not have an anchor attached on 
either end.
    The current ALWTRP regulations require anchored gillnet gear to 
have all buoys attached to the main buoy line with a weak link having a 
maximum breaking strength no greater than 1,100 lb (498.9 kg), and all 
net panels must contain weak links with a maximum breaking strength no 
greater than 1,100 lb (498.9 kg) in the middle of each floatline of 
each 50 fathom (300 ft or 91.4 m) net panel or every 25 fathoms (150 ft 
or 45.7 m) for longer panels.
    Under both preferred alternatives, all gillnets in the Mid/South 
Atlantic Gillnet Waters must return to port with the vessel or, if 
leaving the gear set overnight, contain five or more weak links 
depending on the length of the net panel, with a maximum breaking 
strength no greater than 1,100 lb (498.9 kg) for each net panel; have 
an 1,100-lb (498.9-kg) weak link on all flotation and/or weighted 
devices, including buoys, toggles, and leaded lines attached to the 
buoy line; and be anchored at each end with an anchor capable of the 
holding power of at least a 22-lb (10.0-kg) Danforth-style anchor 
(effective 6 months after publication of a final rule). NMFS is 
proposing this requirement to reduce entanglements of large whales at 
night when gillnet gear is not returned to port with the vessel. NMFS 
seeks public comment on the proposed weak link configuration as well as 
any variations that would provide conservation benefits to large whales 
comparable to the weak link configuration described above. 
Specifically, NMFS is interested in comments on variations to the 
location of weak links within each gillnet section. In addition, NMFS 
is interested in comments on variations to weak link and anchoring 
configurations for gillnets set within 300 yards (900 ft or 274.3 m) of 
the shore.
    Since the spring of 2003, the NMFS Gear Research Team has been 
collecting information on gillnet gear being fished with the above 
configuration of net panel weak links in the Mid-Atlantic. Load cell 
data collected on vessels while hauling gear in the Mid-Atlantic 
indicate loads similar to those recorded in New England (approximately 
250 to 500 lb (113.4 to 226.8 kg)). In the waters off Maryland and 
Virginia, these nets have been fished close to shore as well as between 
12 to 15 nautical miles (22.2 to 27.8 km) offshore. The above 
configured nets displayed no problems other than those consistent with 
traditionally rigged gillnets in the Mid-Atlantic. It is important to 
note, while the strain recorded on buoy systems during load cell 
testing can indicate whether a particular weak link breaking strength 
is appropriate, the recorded strains alone cannot establish weak link 
breaking strengths because breaking strengths must factor in a 
reasonable measure of safety to prevent losing gear at sea during the 
worst conditions.
    Drift gillnet: Under this preferred alternative, in Mid/South 
Atlantic Gillnet Waters, when drift gillnet gear is fished at night 
(i.e., tended), all net panels would be required to contain weak links 
with a maximum breaking strength no greater than 1,100 lb (498.9 kg) in 
the middle of the floatline of each 50-fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer panels 
(effective 6 months after publication of a final rule). ``Tended'' is 
defined at 50 CFR 229.2 to mean ``fishing gear that is physically 
attached to a vessel in a way that is capable of harvesting fish, or to 
fish with gear attached to the vessel''. This fishery is not subject to 
the DAM program.
    Other Southeast Gillnet Waters--Currently, the regulated waters for 
the Southeast Atlantic gillnet fishery extend from 32[deg]00' N. (near 
Savannah, GA) to 27[deg]51' N. (near Sebastian Inlet, FL) and east to 
80[deg]00' W., and are referred to as the Southeast U.S. Restricted 
Area. Under this preferred alternative, the management area for gillnet 
fisheries (other than the Southeastern U.S. Atlantic shark gillnet 
fishery) off Georgia and Florida would be expanded and renamed (which 
includes a component of the U.S. Mid-Atlantic coastal gillnet fishery 
and Southeast Atlantic gillnet fishery). Specifically, this proposed 
rule would define the waters from the South Carolina/Georgia border 
south to 27[deg]51' N. and out to the eastern edge of the EEZ as one 
ALWTRP management area, renamed as the ``Other Southeast Gillnet 
Waters''. NMFS proposes to change 32[deg]00' N. to the South Carolina/
Georgia border to improve and simplify reference to this management 
area. In addition, NMFS is proposing to expand this area to the eastern 
edge of the EEZ, which would be consistent with the ALWTRP area 
boundary proposed for use in the Northeast and Mid-Atlantic. Although 
the Southeast Atlantic gillnet fishery does not presently operate out 
to the eastern edge of the EEZ, the new boundary would ensure that any 
future expansion of current fisheries or the introduction of new 
fisheries would be covered by the ALWTRP. NMFS requests comments from 
the public on whether it is appropriate at this time to extend 
management measures in this area out to the EEZ.
    Gillnetting in the Southeast U.S. Restricted Area is currently 
restricted from November 15 to March 15. However, a recent review of 
right whale sightings data indicates that some individual animals 
remain in this area beyond March 15. Therefore, NMFS is proposing to 
expand the restricted period from November 15 to April 15 from the 
South Carolina/Georgia border to 29[deg]00' N. (near New Smyrna Beach, 
FL). NMFS is proposing this measure to protect large whales, especially 
right whales, that remain in the Southeast Region longer than expected 
before beginning their migration north.
    Members of the ALWTRT from the Southeast mackerel fisheries asked 
NMFS to consider removing the restrictions from November 15 to December 
1 in the area south of 29[deg]00' N., and suggested regulating the 
Southeast Atlantic gillnet fishery through rolling restrictions. After 
reviewing the large whale sightings data for the Southeast Region, NMFS 
concluded that rolling restrictions in this area would be appropriate, 
and that the entanglement risk should not increase because the 
restricted areas would coincide with the occurrence and movements of 
right whales. Therefore, ALWTRP regulations for the gillnet fishery 
would be effective in the Other Southeast Gillnet Waters from the South 
Carolina/Georgia border to 29[deg]00' N. from November 15 to April 15, 
and between 29[deg]00' N. and 27[deg]51' N. from December 1 to March 
31.
    Gillnets: All gillnet gear (excluding shark gillnets using 5-inch 
or greater stretched mesh south of the South Carolina/Georgia border) 
would be regulated in the same manner as the Mid/South Atlantic 
anchored gillnet fishery. NMFS believes this proposal is appropriate 
based on similarities between the Southeast Atlantic and Mid-Atlantic 
gillnet fisheries. For example, the gear fished is constructed 
similarly, using approximately the same size floatline, leadline, mesh 
size, and twine diameter. In addition, both the Southeast Atlantic 
gillnet fishery and

[[Page 35903]]

the Mid-Atlantic croaker and mackerel fisheries deploy their gear 
without an anchoring system. Results of NMFS gear research support the 
measures identified in this preferred alternative. In February 2004, 
the NMFS Gear Research Team recorded a maximum strain of 320 lbs (145.1 
kg) when hauling back an empty, typical sink gillnet set in 30 ft (9.14 
m) of water off the coast of Florida, which is consistent with what has 
been recorded for similar gear types in the mid-Atlantic. It is 
important to note, while the strain recorded on buoy systems during 
load cell testing can indicate whether or not a particular weak link 
breaking strength is appropriate, the recorded strains alone cannot 
establish weak link breaking strengths because breaking strengths must 
factor in a reasonable measure of safety to prevent losing gear at sea 
during the worst conditions. NMFS requests comments from the public on 
the proposed gear modification as well as the issues identified in the 
``Mid/South Atlantic Gillnet'' section of the proposed rule, such as 
the configuration of net panel weak link.
    The regulated waters for the Southeast Atlantic gillnet fishery 
south of the South Carolina/Georgia border to 27[deg]51' N. and east to 
the eastern edge of the EEZ would be required to comply with the ALWTRP 
universal gear requirements (e.g., no buoy line floating at the surface 
and no wet storage of gear), as well as the following: Gillnets must 
have all flotation and/or weighted devices, including buoys, toggles, 
and leaded lines, attached to the buoy line with a weak link having a 
maximum breaking strength no greater than 1,100 lb (498.9 kg); and have 
all net panels containing weak links with a maximum breaking strength 
no greater than 1,100 lb (498.9 kg) in the middle of each floatline of 
each 50-fathom (300-ft or 91.4-m) net panel or every 25 fathoms (150 ft 
or 45.7 m) for longer panels.
    In addition, under this preferred alternative, all gillnets in the 
Other Southeast Gillnet Waters would be required to return to port with 
the vessel or, if leaving the gear set overnight, contain five or more 
weak links, depending on the length of the net panel, with a maximum 
breaking strength no greater than 1,100 lb (498.9 kg) for each net 
panel; have an 1,100-lb (498.9-kg) weak link on each flotation or 
weighted device attached to the buoy line, including toggles, buoys, 
and leaded lines; and be anchored at each end with an anchor capable of 
the holding power of at least a 22-lb (10.0-kg) Danforth-style anchor 
(effective six months after publication). NMFS is proposing this 
requirement to reduce entanglements of large whales at night when 
gillnet gear is not returned to port with the vessel. Currently, NMFS 
prohibits the straight set of gillnets at night under the ALWTRP. 
Currently, under 50 CFR 229.32, a ``straight set'' is defined as a set 
in which the gillnet is placed in a line in the water column, as 
opposed to a circular set in which the gillnet is placed to encircle an 
area in the water column. Thus, these proposed requirements would only 
affect Other Southeast gillnets that are not returned to port with the 
vessel and fished in a manner different from a straight set. (See 
``Regulatory Language Changes'' for further discussion on the 
definition of ``straight set.'')

Southeast U.S. Atlantic Shark Gillnet Fishery

    The coastal waters in the southeastern U.S. were designated as 
right whale critical habitat because they are the only known calving 
area for the species. Although shark gillnet gear poses an entanglement 
risk to right whales, especially calves and juveniles, weak links have 
not been considered for this gear type because, in the event of an 
entanglement, young right whales are not believed to be strong enough 
to break the weak links. However, due to the weight of the gear and the 
safety needs of the fishery, lowering the breaking strength of the weak 
links is not feasible. In addition, it is generally thought that gear 
modifications to reduce the risk of serious injury and mortality from 
entanglement to right whales and their calves is impractical for the 
shark drift gillnet fishery since ``targeting large sharks and trying 
to avoid small calves'' would be difficult (December 9-10, 1996 ALWTRT 
meeting notes). Based on these biological and operational 
considerations, ALWTRT members negotiated management measures that 
would minimize the temporal and spatial overlap between right whales 
and shark fishers early in the ALWTRP process. Therefore, serious 
injury and mortality from entanglement in the Southeast U.S. Atlantic 
shark gillnet fishery was addressed through time and area closures.

Northern Monitoring and Restricted Area and Southern Monitoring Area

    Currently, the ALWTRP regulated waters for the Southeastern U.S. 
Atlantic shark gillnet fishery that extend from 32[deg]00' N. (near 
Savannah, GA) to 27[deg]51' N. (near Sebastian Inlet, FL) and out to 
80[deg]00' W. are referred to as the Southeast U.S. Restricted Area. 
The ALWTRP regulated waters for the Southeastern U.S. Atlantic shark 
gillnet fishery that extend from 32[deg]00' N. (near Savannah, GA) to 
26[deg]46.5' N. (near West Palm Beach, FL) and out to 80[deg]00' W. are 
referred to as the Southeast U.S. Observer Area. Under this preferred 
alternative, the Southeastern U.S. Atlantic shark gillnet fishery's 
management areas would be expanded and renamed. Specifically, the 
regulated waters would be extended north to the South Carolina/Georgia 
border and out to the eastern boundary of the EEZ, which would be 
consistent with the proposed eastern boundary for ALWTRP-regulated 
waters in the Northeast and Mid-Atlantic. Although the shark gillnet 
fishery does not presently operate out to the eastern boundary of the 
EEZ, the proposed boundary would ensure that any future expansion of 
current fisheries or the introduction of new fisheries operating in 
these waters would be covered by the ALWTRP. A change in the northern 
boundary--from 32[deg]00' N. to the South Carolina/Georgia border--is 
proposed to improve and simplify reference to this management area. 
Renaming the Southeast U.S. Restricted Area as the ``Northern 
Monitoring and Restricted Area,'' and the portion of the Southeast U.S. 
Observer Area, which does not include the Southeast U.S. Restricted 
Area, as the ``Southern Monitoring Area'' is intended to better 
distinguish the two separate areas that are being managed under the 
ALWTRP. NMFS believes that this proposed renaming would help facilitate 
the public's understanding of the regulations.
    Under the current ALWTRP regulations, shark gillnetting is 
prohibited from November 15 through March 31 in the Southeast U.S. 
Restricted Area. However, a recent review of right whale sightings data 
indicates that some whales do remain in the Restricted Area past March 
31. Therefore, under this preferred alternative, in order to protect 
large whales (especially right whales) that remain in this area, NMFS 
is proposing to extend the closed period for shark gillnetting to 
November 15 through April 15 from the South Carolina/Georgia border to 
29[deg]00' N. (near New Smyrna Beach, FL).
    Members of the ALWTRT from the Southeastern U.S. Atlantic shark 
gillnet fishery asked NMFS to consider removing the restrictions from 
November 15 through December 1 in the area south of 29[deg]00' N., and 
suggested regulating the shark gillnet fishery through rolling 
restrictions. After reviewing the large whale sightings data for the 
Southeast Region, NMFS agrees that rolling restrictions in this area 
are

[[Page 35904]]

acceptable because the entanglement risk should not increase since the 
restrictions would coincide with the occurrence and movements of right 
whales. Therefore, under this preferred alternative, the current ALWTRP 
regulations for the Southeastern U.S. Atlantic shark gillnet fishery 
would be effective in the Northern Monitoring and Restricted Area and 
Southern Monitoring Area from the South Carolina/Georgia border to 
29[deg]00' N. from November 15 through April 15, and between 29[deg]00' 
N. and 26[deg]46.5' N. from December 1 through March 31.

Vessel Monitoring System (VMS) in Lieu of 100-Percent Observer Coverage

    NMFS is proposing the use of VMS in lieu of the 100-percent 
observer coverage requirement for the shark gillnet fishery under the 
ALWTRP. VMS was originally considered by the full ALWTRT as an 
alternative to 100-percent observer coverage as early as January 1997, 
and again in June 1999. In July 2000, the ALWTRT's Southeast subgroup 
agreed to using VMS in lieu of 100-percent observer coverage. NMFS 
believes that replacing the 100-percent observer coverage requirement 
with VMS is appropriate because VMS would be a more effective tool for 
monitoring the implementation of ALWTRP regulations for time/area 
closures than observers. NMFS policy regarding the role of observers is 
not to enforce regulations, but rather to merely observe fishing 
operations. VMS would also be more cost effective for the agency to 
implement than an observer program, which would allow NMFS to redirect 
funds to observer programs in other high priority fisheries in the 
Southeast where observer coverage may be lacking. Although 100-percent 
observer coverage would no longer be required under this proposal, NMFS 
would retain observer coverage sufficient to produce statistically 
reliable results to evaluate the impact of the fishery on protected 
resources. In light of the proposed change from 100-percent observer 
coverage to VMS, NMFS is proposing to change the name of the 
``Southeast U.S. Restricted Area'' to ``Northern Monitoring and 
Restricted Area'', and designate the portion of the Southeast U.S. 
``Observer Area'' not included by the Restricted Area as the ``Southern 
Monitoring Area''. NMFS is soliciting public comments regarding 
utilizing VMS as a tool for enforcing the ALWTRP regulations for time/
area closures.
    This proposed change is also consistent with the measures provided 
by Amendment 1 to the Highly Migratory Species (HMS) FMP (68 FR 74746, 
69 FR 19979, and 69 FR 28106), which requires shark gillnet vessels 
with gillnet gear on board, regardless of their location, to employ a 
NOAA approved Vessel Monitoring System during the right whale calving 
season specified in the ALWTRP regulations. Currently, as stated in the 
August 17, 2004, final rule (69 FR 51010) specifying November 15, 2004 
as the effective date of this requirement, the applicable right whale 
calving season is identified as November 15 through March 31. This 
proposed rule would change the season specified in those regulations to 
November 15 through April 15, and amend the regulatory text in 50 CFR 
635.69(a)(3) regarding the HMS VMS requirement for shark gillnet 
vessels.

Changes Proposed for Other Gillnet Gear

Northeast Anchored Float Gillnet Fishery

    Anchored float gillnets are anchored to the ocean floor with lines 
running from the anchors to the nets at the surface, and have the 
potential to entangle, seriously injure, and kill large whales. This 
preferred alternative would regulate the Northeast anchored float 
gillnet fishery according to the requirements for the Northeast 
anchored gillnet fishery requirements. In addition, under this 
preferred alternative, this fishery would be subject to the SAM and DAM 
programs until 2008 and to seasonal closures in right whale critical 
habitat. Fishermen using Northeast anchored float gillnets would be 
prohibited from fishing inside the Cape Cod Bay Critical Habitat 
annually from January 1 through May 15, and inside the Great South 
Channel Critical Habitat from April 1 through June 30.

Northeast Driftnet Fishery

    This preferred alternative would regulate the Northeast driftnet 
fishery (i.e., nets that are present at the ocean surface and are not 
anchored to the ocean floor on either end) according to the 
requirements for the Mid-Atlantic drift gillnet fishery. The Northeast 
driftnet fishery would not be subject to the SAM and DAM programs, but 
driftnets would be prohibited from Cape Cod Bay from January 1 through 
May 15 and from the Great South Channel from April 1 through June 30 
(similar to the requirements for anchored gillnet), except for the 
Sliver Area, where modified driftnets would be allowed.

Changes Proposed for All Gillnet Gear

    Broad-based Gear Modifications: Most of the broad-based gear 
modifications identified in this preferred alternative would become 
effective 6 months after publication of a final rule, except for the 
groundline requirement discussed below, which would be phased in. In 
2008, when the sinking/neutrally buoyant groundline requirement becomes 
fully effective, the proposed groundline requirement would replace the 
SAM and DAM programs. However, until this occurs in 2008, some of the 
other gillnet fisheries that would be added to the ALWTRP would be 
subject to the SAM and DAM programs. NMFS would like public comment on 
the proposed gear modifications as well as any variations that would 
provide conservation benefits to large whales comparable to the 
measures described above. Specifically, NMFS is interested in comments 
on whether installing gear modifications are warranted for gear that is 
tended and/or actively fished (i.e., gear that is in close proximity to 
the vessel and has a maximum soak time).
    Seasons and Boundaries: Under this preferred alternative, an area 
bounded on the west by a line running from the Rhode Island/Connecticut 
border (41[deg]18.2' N. and 71[deg]51.5' W.; Watch Hill, RI), south to 
40[deg]00' N., and east to the eastern edge of the EEZ would be 
created. The gillnet gear fished in this area would be required to 
incorporate current and proposed broad-based gear modifications year-
round. Gillnet gear fished in the area south of this area to the South 
Carolina/Georgia border would require the broad-based gear 
modifications detailed above from September to May. Gillnet fishing in 
the area south of the South Carolina/Georgia border would require the 
broad-based gear modifications in the following areas and seasonal time 
periods: All gillnet fisheries (Southeast Atlantic and Southeastern 
U.S. Atlantic shark) between the South Carolina/Georgia border and 
29[deg]00' N. from November 15-April 15; Southeast Atlantic gillnet 
fishery between 29[deg]00' N. and 27[deg]51' N. from December 1-March 
31; and Southeastern U.S. Atlantic shark gillnet fisheries between 
29[deg]00' N. and 26[deg]46.5' N. from December 1-March 31.
    Sinking/Neutrally Buoyant Groundlines: Under this preferred 
alternative, the Northeast anchored gillnet, Mid-Atlantic anchored 
gillnet, and Southeast Atlantic gillnet fisheries currently regulated 
by the ALWTRP, and the Northeast anchored float gillnet fishery, which 
would be added by this proposed rule, would be required to use 
groundline composed entirely of sinking and/or neutrally buoyant line 
in the areas and time periods covered under the ALWTRP in 2008. Though 
this requirement would not become fully

[[Page 35905]]

effective until 2008, NMFS believes that fishermen will begin to phase 
in this type of groundline prior to that date.
    Weak Links: Under this preferred alternative, to further reduce the 
risk of serious injury and mortality from entanglement in gillnet gear, 
weak links of the appropriate breaking strength would be required on 
all flotation devices and/or weighted devices attached to the buoy line 
such as buoys, toggles, and/or leaded lines (effective 6 months after 
publication of a final rule). If a buoy, toggle, or weighted device is 
not attached to the buoy line with a weak link, a buoy line that 
becomes entangled through the mouth of a whale may be prevented from 
passing through the whale's baleen, and may result in a more 
complicated entanglement. Adding a weak link on all devices attached to 
the buoy line 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 further entangled. This requirement would 
apply to all current and proposed ALWTRP regulated areas and gillnet 
fisheries. The weak link requirement is intended to reduce the risk of 
entanglement and serious injury or mortality due to entanglements in 
buoy lines and surface systems.
    Other Changes Proposed for All Trap/Pot and Gillnet Gear Gear 
Marking: It is often difficult to identify the gear that a whale 
becomes entangled in, with respect to a particular fishery, because 
entangled whales often carry only a portion of the gear encountered and 
disentanglement efforts sometimes recover only a portion of the 
remaining gear. Therefore, improved gear marking requirements would 
assist NMFS in its efforts to develop better gear configurations by 
providing more information about the fisheries and specific parts of 
fishing gear that are incidentally entangling, seriously injuring, or 
killing whales. Information provided from improved gear marking could 
also be used to determine the type of gear involved and the location of 
the entanglement event, which would enable NMFS to focus future 
management measures on specific problem areas.
    The current gear marking scheme requires one 4-inch (10.2 cm) 
colored mark midway along the buoy line. Under this proposed rule, NMFS 
would modify the gear marking scheme and expand requirements to 
fisheries and areas not previously regulated under the ALWTRP or 
required to mark gear, such as the Northern Inshore State Trap/Pot 
Waters, Mid/South Atlantic Gillnet Waters, and the Other Southeast 
Gillnet Waters. The proposed gear marking scheme would be required on 
all surface buoys to identify the vessel registration number, vessel 
documentation number, Federal permit number, or whatever positive 
identification marking is required by the vessel's home-port state. The 
method for marking buoy lines would be modified to require one 4-inch 
(10.2-cm) colored mark every 10 fathoms (60 ft or 18.3 m), or one 4-
inch (10.2-cm) colored mark in the center of the buoy line for lines 
that are less than 10 fathoms (60 ft or 18.3 m). Under this proposed 
rule, the color and marking scheme for nets used in the Southeastern 
U.S. Atlantic shark gillnet fishery would remain status quo and only 
buoy lines greater than 4 ft (1.2 m) in length would need to be marked 
for this fishery.
    Trap/pot gear marking colors: The ALWTRP currently requires 
fishermen to mark their trap/pot buoy lines with one red 4-inch (10.2 
cm) mark while they fish in the following management areas: Cape Cod 
Bay Restricted Area (January 1 through May 15), Northern Nearshore 
Trap/Pot Waters, and Stellwagen Bank/Jeffreys Ledge. To remain 
consistent with the current gear marking color scheme in the North 
Atlantic, under this proposed rule, NMFS would require red marking on 
the buoy lines of trap/pot gear fished in Northern Inshore State Trap/
Pot Waters. The current trap/pot gear marking color in the Great South 
Channel Critical Habitat is black. However, under this proposed rule, 
for consistency with nearby management areas, the Great South Channel 
Critical Habitat gear marking color would be either black or red, 
depending on the area of overlap with offshore (i.e., LMA \2/3\ Overlap 
and LMA3) and nearshore areas (i.e., LMA 2 and the Outer Cape). The 
gear marking colors for trap/pot gear in the Southern Nearshore Trap/
Pot Waters and Offshore Trap/Pot Waters would remain orange and black, 
respectively.
    Gillnet gear marking colors: Currently, one green, 4-inch (10.2-cm) 
mark is required on each gillnet buoy line in the following areas: Cape 
Cod Bay Restricted Area, Great South Channel Critical Habitat, 
Stellwagen Bank/Jeffreys Ledge, and Other Northeast Gillnet Waters. 
Under this proposed rule, for consistency with the gillnet gear marking 
scheme in the Northeast Atlantic, NMFS would require one 4-inch (10.2-
cm) green mark every 10 fathoms (60 ft or 18.3 m) or in the center of 
the buoy line for lines that are 10 fathoms (60 ft or 18.3 m) or less 
for the two new fisheries that would be added to the ALWTRP: Northeast 
driftnet and Northeast anchored float gillnet.
    Currently, there is no gear marking requirement for the two gillnet 
fisheries operating in the Mid-Atlantic: the Mid-Atlantic anchored 
gillnet and Mid-Atlantic drift gillnet. Under this proposed rule, NMFS 
would require that these fisheries mark their buoy lines with one 4-
inch (10.2-cm) blue mark every 10 fathoms (60 ft or 18.3 m) or in the 
center of the buoy line for lines that are 10 fathoms (60 ft or 18.3 m) 
or less.
    Under this proposed rule, the Southeast Atlantic gillnet fishery 
would be required to mark their buoy lines with one 4-inch (10.2-cm) 
yellow mark every 10 fathoms in the same manner as the Mid-Atlantic 
gillnet fisheries. As mentioned above, the color and marking scheme for 
nets used in the Southeastern U.S. Atlantic shark gillnet fishery would 
remain status quo and only buoy lines greater than 4 ft (1.2 m) in 
length would need to be marked.
    Critical Habitat: In 2003, NMFS published a final determination (68 
FR 51758, August 28, 2003) on a petition to revise right whale critical 
habitat. NMFS determined that the requested revision to critical 
habitat, as suggested by the petitioner, was not warranted at that 
time. However, NMFS indicated that it would continue to analyze the 
physical and biological habitat features essential to the conservation 
of right whales. For example, in the Southeast U.S., NMFS and others 
are analyzing right whale distribution data in relation to bathymetry 
and sea surface temperature. In the Northeast U.S., NMFS and others are 
characterizing the spatial and temporal distribution of zooplankton in 
the Gulf of Maine. If a revision of critical habitat is warranted in 
the future, NMFS will provide notice to the public as required by the 
ESA. When this process is complete, NMFS will begin discussions with 
the ALWTRT and consider whether the current restrictions in critical 
habitat should be modified.

Exempted Waters

    Coastal exempted waters: The ALWTRP currently exempts all waters 
landward of the first bridge over any embayment, harbor, or inlet and, 
from North Carolina to Florida, waters landward of the 72 COLREGS 
demarcation line (International Regulations for Preventing Collisions 
at Sea, 1972), as depicted or noted on nautical charts published by 
NOAA (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. 
Some bays that do not have bridges over them are also exempted, 
including, but not limited to, Long Island Sound and Gardiners Bay. In 
response to requests

[[Page 35906]]

by ALWTRT members for NMFS to consider adding new exempted areas or 
modifying existing ones under the ALWTRP, NMFS has re-examined the 
current exemption lines and analyzed right, humpback, and fin whale 
sightings distribution data from 1960 to 2002 obtained from the NARW 
sightings database. NMFS also analyzed a right, humpback, and fin whale 
sightings database compiled by the Maine Department of Marine 
Resources, which includes sightings reported by the Maine Marine 
Patrol, whale watch vessels, etc. These data were plotted onto NOAA 
digital charts using MapTech Chart Navigator software.
    The analysis of sightings data along the east coast indicated that 
endangered large whales rarely venture into bays, harbors, or inlets. 
To be consistent throughout the east coast, under this proposed rule, 
with the exceptions detailed below, NMFS would exempt all marine and 
tidal waters landward of the 72 COLREGS demarcation lines. The 72 
COLREGS lines are well known and widely published lines of demarcation. 
NMFS believes that this change to the exempted waters is responsive and 
appropriate based on sightings data analysis. In areas where 72 COLREGS 
do not exist, or where NMFS does not consider the 72 COLREGS to be the 
most appropriate exemption line, other exemption lines are proposed.
    Currently, the exempted waters in the Gulf of Maine (waters off 
Maine, New Hampshire, and Massachusetts) include those waters landward 
of the first bridge over any embayment, harbor, or inlet. In 2003, the 
State of Maine asked NMFS to re-examine the ALWTRP exempted state 
waters in Maine and submitted a proposed exemption line to NMFS. NMFS 
analyzed this line with respect to the URI's large whale sightings data 
and current exemption lines in other states. Although NMFS acknowledges 
that the jagged Maine coastline presents a difficult situation for 
exempting certain state waters, NMFS concluded that Maine's proposed 
exemption line did not provide an adequate level of protection; 
therefore, NMFS is proposing to use an alternate exemption strategy 
(Figure 1).
    Under this proposed rule, NMFS would use the 72 COLREGS line to 
mark exempted waters for Casco Bay, as this is the only 72 COLREGS line 
for Maine. NMFS proposes to use the territorial sea baselines to exempt 
Little River, Pleasant Bay, Narraguagus Bay, Pigeon Hill Bay, Frenchman 
Bay, Johns Bay, Muscongus Bay, and Saco Bay. Note that the territorial 
sea baselines should not be confused with the 12-nautical mile (22.2-
km) territorial sea and contiguous zone line. To exempt Penobscot and 
Blue Hill Bays, NMFS would adapt five of the coordinates from the 
exemption line proposed by Maine. Finally, NMFS would create exemption 
lines for the remaining inlets in Maine, consistent with the exemption 
lines along the coast, which are drawn across the entrances to harbors, 
bays, and inlets.
    In Maine, NMFS was also able to consider satellite tracking data 
for right whales to analyze the occurrence of these animals inside 
current and proposed exemption lines. Specifically, NMFS reviewed a 
paper entitled ``Satellite-Monitored Movements of the Northern Right 
Whale'' (Mate et al., 1997). According to the findings of Mate et al. 
(1997), right whales tagged in the Bay of Fundy (BOF) traversed 
different types of areas, including banks, basins, upwellings, thermal 
fronts, and edges of warm core rings, all of which typically exhibit 
high concentrations of zooplankton. The extensive movements of tagged 
whales most likely indicate that the whales are searching for food that 
is primarily found in high-use areas such as the BOF, rather than in 
the coastal waters of Maine.
    In two areas, Boston Harbor and Gardiners Bay, NMFS would not 
propose using the 72 COLREGS lines and instead proposes to create a 
different exemption line (Figure 2). The 72 COLREGS line for Boston 
Harbor is unique in that it forms a triangle by extending from the 
easternmost tower at Nahant out to the Boston Lighted Horn Buoy ``B'' 
and back to the easternmost radio tower at Hull. NMFS'' analysis of the 
sightings data found that two right whales have been reported inside 
the 72 COLREGS line, one in 1996 and another in 2002. Therefore, rather 
than using the 72 COLREGS line to exempt Boston Harbor, NMFS would 
create an exemption line that would connect Deer Island to Lovell 
Island, and Lovell Island to the tip of Hull. Gardiners Bay is 
currently exempted according to a line that connects Montauk Point to 
the eastern tip of Plum Island. This line differs from the 72 COLREGS 
lines, which outline the inside of the Bay. Under this proposed rule, 
NMFS would continue to use the current exemption line as analysis of 
the sightings database held at URI has documented only one right whale 
near the mouth of Gardiners Bay in 1993.
    At this time, NMFS does not believe that regulating the waters 
proposed for exemption from the ALWTRP, including Gardiners Bay, would 
benefit large whales. Based on analysis of sightings data, NMFS 
understands that large whales may occasionally be reported in exempted 
waters, but believes that these occurrences are rare. If, in the 
future, whales are more frequently reported in exempted waters, NMFS 
would reevaluate the exemption lines for those particular areas to 
evaluate whether changes are needed.
    In New Hampshire, waters currently exempted from the ALWTRP 
regulations are those landward of the first bridge over any embayment, 
harbor, or inlet. Based on analysis of sightings data in New Hampshire 
waters, NMFS is proposing to exempt three harbors. Portsmouth Harbor 
would be exempted according to the 72 COLREGS demarcation line, which 
is the only 72 COLREGS line found in the state. In addition, NMFS would 
exempt Rye and Hampton Harbors according to the lines drawn across the 
headlands, which mark their entrances to the sea. NMFS believes the 
waters proposed for exemption are appropriate and do not compromise the 
overall entanglement risk reduction strategy provided by the ALWTRP as 
there have been no reported sightings of endangered whales in these 
areas.
    In Massachusetts, NMFS also compared large whale sightings data to 
the current exempted waters. Based on the analysis, under this proposed 
rule, the following additional waters would be exempted according to 
the 72 COLREGS demarcation lines: Annisquam Harbor, Gloucester Harbor, 
Salem Sound (includes Manchester and Marblehead Harbors), Cape Cod 
Canal, and Buzzards Bay (see Figure 2 for clarification of the 
exemption lines for Boston Harbor and Buzzards Bay). Where 72 COLREGS 
lines do not exist in Massachusetts, NMFS would create exemption lines 
across most small bays, harbors, and inlets. According to the sightings 
data, except for the area designated as right whale critical habitat in 
Cape Cod Bay, large whales are seldom reported in the small bays and 
harbors along the inside edge of Cape Cod, with the exception of 
Provincetown Harbor, which would not be exempted. NMFS would also 
exempt small harbors and inlets along the inner and outer edge of Cape 
Cod that have sandy shoals at their entrances because analysis of the 
sightings database indicates that large whales have not been reported 
in these areas.
    In Rhode Island, all embayments, harbors, and inlets are currently 
exempted under the ALWTRP. Under this proposed rule, NMFS would clarify 
that the current exemption line coordinates drawn for Narragansett Bay 
and the Sakonnet River match the 72 COLREGS lines for these waters 
(Figure 2). To date, two large whales, an

[[Page 35907]]

entangled humpback and a juvenile fin whale, were reported in 
Narragansett Bay inside exempted waters. However, no evidence exists to 
suggest that the humpback became entangled inside the Bay. Preliminary 
reports of the fin whale indicate that the animal was separated from 
its mother, entered the Bay, and subsequently stranded in shallow 
water. Therefore, this proposed rule would not modify the exemption 
lines for Rhode Island.
    In New York, with the exception of New York Harbor, all embayments, 
harbors, and inlets are currently exempted under the ALWTRP. Under this 
proposed rule, these exempted waters would remain unchanged as, 
according to the sightings database held at URI, sightings of live 
right, fin, or humpback whales inside these waters are rare. However, 
NMFS would clarify that the current exemption lines for Long Island 
Sound, Shinnecock Bay Inlet, Moriches Bay Inlet, Fire Island Inlet, and 
Jones Inlet, and New York Harbor match the 72 COLREGS demarcation 
lines. In addition, NMFS would propose an exemption for New York Harbor 
based on the 72 COLREGS line as there have been no reported sightings 
of live right, fin, or humpback whales inside the harbor.
    In New Jersey, the current exempted waters (Barnegat Inlet, Beach 
Haven to Brigantine Inlet, and Cape May Inlet) are nearly identical to 
the 72 COLREGS lines. Under this proposed rule, these exempted waters 
would remain largely unchanged because there have been no reported 
sightings of live right, fin, or humpback whales inside these waters. 
Therefore, under this proposed rule, NMFS would clarify that the entire 
coast of New Jersey would be exempted landward of the 72 COLREGS 
demarcation lines. However, the exemption line for Barnegat Inlet would 
be relocated slightly east of the current exemption line to make it 
consistent with the 72 COLREGS demarcation line.
    In Delaware Bay, the current exemption line is located 
approximately halfway up the Bay, at 39[deg]16.70' N., 75[deg]14.60' W. 
to 39[deg]11.25' N., 75[deg]23.90' W. (i.e., southern point of 
Nantuxent Cove, NJ to the southern end of Kelly Island, Port Mahon, 
DE). Delaware Bay is considered comparable to other large bays in the 
Mid-Atlantic, such as Long Island Sound and Chesapeake Bay, which are 
exempted landward of the 72 COLREGS line and landward of the first 
bridge at the mouth of the Bay, respectively. Large whale sightings 
inside Delaware Bay are thought to be rare and NMFS does not believe 
that including the Bay would provide a conservation benefit to the 
whales covered by the ALWTRP. Therefore, under this proposed rule, NMFS 
would redefine this line as the 72 COLREGS demarcation line, which is a 
line drawn from Cape May Light to Harbor of Refuge Light; thence to the 
northernmost extremity of Cape Henlopen (Figure 3).
    In general, along the Maryland and Virginia coasts, the current 
exemption lines match the 72 COLREGS lines. However, the current 
exemption line from Chincoteague to Ship Shoal Inlet crosses the three 
nautical mile (5.6 km) state waters line, which is not consistent with 
the 72 COLREGS lines. Based on analysis of URI's large whale sightings 
database, NMFS believes that exempting all bays, harbors, and inlets 
that occur between Delaware and Chesapeake Bays according to the 72 
COLREGS lines would not compromise the conservation of large whales 
protected by the ALWTRP. Under this proposed rule, this would include 
Chesapeake Bay, which is currently exempted landward of the Chesapeake 
Bay Bridge-Tunnel, located just west of the 72 COLREGS line. NMFS 
believes that, due to the lack of reported large whale sightings in 
Chesapeake Bay, the slight seaward movement of the current exemption 
line to the 72 COLREGS line would not compromise the goal of reducing 
serious injury and mortality of large whales from entanglement. In 
addition, the current exemption line for Smith Island Inlet would be 
removed from the exempted waters section of the regulations because the 
72 COLREGS line for Chesapeake Bay includes the entrance to this inlet 
(see Figure 4 for exemption lines for Chesapeake Bay).
    Under this proposed rule, the current exemption lines in the 
Southeast (North Carolina to Florida) would remain unchanged. However, 
Captain Sam's Inlet (South Carolina) would be added to the exempted 
waters section of the regulations because it does not have a 72 COLREGS 
line. Right whales occur very close to shore during the winter months 
when they are located in their winter calving grounds. Right whales 
have been reported inside some of the bays and rivers in the Southeast, 
particularly in Georgia and Florida. However, based on sightings data, 
NMFS believes these occurrences are rare, and that removing the 
exemption lines for those waters would not provide discernable 
additional conservation benefit to right whales.
    Offshore exempted areas: Scientific research indicates that most 
large whales on the east coast typically do not dive to depths as great 
as 280 fathoms (1,680 ft or 512.1 m). For example, in a 3-year study by 
Mate et al. (1997) to determine summer and fall right whale habitat use 
patterns, nine right whales were tagged in the Bay of Fundy with 
satellite-monitored radiotags and their behaviors were monitored for an 
average of 21.7 days. According to this study, 80 percent of the 
recorded right whale locations occurred in waters less than 100 fathoms 
(600 ft or 182.9 m) in depth.
    Based on a review of the best available scientific information, 
NMFS has determined that exempting waters at depths greater than 275 
fathoms (502.9 m) would not increase the risk of large whale 
entanglement in groundlines, as most large whales are not known to dive 
to these depths. To account for variations in groundline profiles, NMFS 
added five fathoms (30 ft or 9.1 m) to achieve an offshore exemption 
depth of 280 fathoms (1,680 ft or 512.1 m). Therefore, this proposed 
rule would exempt fishermen from the requirement to use sinking and/or 
neutrally buoyant groundlines in waters deeper than 280 fathoms (1,680 
ft or 512.1 m).

Regulatory Language Changes

    Weak links: The ALWTRT recommended that, for consistency, NMFS 
should change all headings for weak links in the ALWTRP regulations 
from ``Weak Links on All Buoy Lines,'' ``Buoy Weak Links,'' and ``Buoy 
Line Weak Links'' to simply ``Weak Links.'' The ALWTRT also recommended 
that NMFS clarify that weak links should be placed as close to the buoy 
as operationally feasible. Therefore, under this proposed rule, when 
referring to the techniques for meeting the weak link requirements, the 
wording would be changed from, ``All buoy lines must be attached to the 
main buoy with a weak link that meets the following specifications,'' 
to read, ``All flotation devices or weights must be attached to the 
buoy line with a weak link placed as close to each individual buoy, 
flotation device, and/or weight as operationally feasible and that 
meets the following specifications''.
    NMFS would also clarify that weak links must be placed on all 
buoys, toggles, high-flyers, and/or weighted devices, etc. that are 
attached to the buoy line, and not just the main buoy. The ALWTRP 
currently provides specifications for the weak links, and wherever weak 
links are mentioned, this proposed rule would add to the regulatory 
text that weak links must be designed such that the bitter end (the 
loose end of the line that has detached from the weak link) of the buoy 
line is clean and free of any knots when the link breaks, and that 
splices are not

[[Page 35908]]

considered to be knots for the purposes of this provision.
    In a final rule published on January 10, 2002, the use of line \7/
16\ inch in diameter or less for all buoy lines was removed as an 
option from the ALWTRP's Take Reduction Technology Lists, as the 
breaking strength of \7/16\ inch line can vary dramatically (67 FR 
1300). Therefore, because the diameter of line is not appropriate to 
use for risk reduction, NMFS would also change the text that describes 
the list of approved weak links. Specifically, the regulatory text 
referring to ``rope of appropriate diameter'' would be changed to 
``rope of appropriate breaking strength''.
    Where the weak link requirements are referred to, this proposed 
rule would include references to a brochure entitled, ``Techniques for 
Making Weak Links and Marking Buoy Lines,'' and provide information 
about how to obtain a copy. This brochure outlines the weak link 
techniques currently approved by NMFS to assist in compliance with the 
regulations. NMFS would continue to encourage fishermen to develop 
additional techniques for complying with the weak link requirements and 
submit them for testing by the NMFS Gear Research Team.
    This proposed rule would amend the current regulatory text 
describing the placement of weak links in the floatline of gillnet 
panels. Specifically, the text would be modified to change the 
requirements for the placement of weak links in net panels that are 
shorter than 50 fathoms (300 ft or 91.4 m). Currently in the Mid-
Atlantic, the regulations require: ``Weak links must be inserted in the 
center of the floatline of each 50-fathom (300 ft or 91.4 m) net panel 
in a net string or every 25 fathoms (150 ft or 45.7 m) for longer 
panels.'' This proposed rule would modify the requirements in the Mid/
South Atlantic Gillnet Waters and add requirements for the Other 
Southeast Gillnet Waters as follows: ``Weak links must be placed in the 
center of the floatline of each net panel up to and including 50 
fathoms (300 ft or 91.4 m), or at least every 25 fathoms (150 ft or 
45.7 m) along the floatline for longer panels.'' NMFS would like public 
comment on the proposed weak link configuration as well as any 
variations that would provide conservation benefits to large whales 
comparable to the weak link configuration described above. 
Specifically, NMFS is interested in comments on variations to the 
location of weak links within each gillnet section. In addition, NMFS 
would like public comment on the proposed modifications to the 
regulatory language the agency is considering as well as any variations 
that would provide a conservation benefit to large whale comparable to 
those discussed in this proposed rule. Specifically, NMFS is interested 
in comments on whether modifications to the regulations are needed to 
clarify that if the floatline and up and down lines of a net panel 
break at or below the required breaking strength, then inserting a weak 
link would not be required.
    This proposed rule would also amend the requirements for the 
placement of weak links in the SAM areas and other applicable areas 
where more than one weak link is required for net panels of lengths up 
to and including 50 fathoms, (300 ft or 91.4 m) as well as those 
greater than 50 fathoms (300 ft or 91.4 m). Currently, the text reads, 
``[e]ach net panel must have a total of five weak links * * * Three of 
the five weak links must be located on the floatline. One floatline 
weak link must be placed at the center of the net panel, and two weak 
links must be placed as close as possible to each of the bridle ends of 
the net panel. The remaining two of the five weak links must be placed 
in the center of each of the up and down lines at either end of each 
panel.'' This proposed rule would amend the text to require, ``For all 
variations in panel size, the following weak link requirements apply: 
(1) Weak links must be placed in the center of each of the up and down 
lines at both ends of the net panel; and (2) One floatline weak link 
must be placed as close as possible to each end of the net panel where 
the floatline meets the up and down line. For net panels of 50 fathoms 
(300 ft or 91.4 m) or less in length, one weak link must be placed in 
the center of the floatline. For net panels of 50 fathoms (300 ft or 
91.4 m) or greater in length, weak links must be placed at least every 
25 fathoms (150 ft or 45.7 m) along the floatline.''
    Groundlines: This proposed rule would clarify that fishermen may 
use sinking and/or neutrally buoyant line for their groundlines and 
buoy lines. This language is used inconsistently in the current 
regulations. For example, from January 1 through May 15 in the Cape Cod 
Bay Restricted Area, the current regulations allow only sinking line. 
Under this proposed rule, from January 1 through May 15 fishermen would 
be allowed to use sinking and/or neutrally buoyant groundlines in the 
Cape Cod Bay Restricted Area. Similarly, for the SAM gear 
modifications, fishermen are currently required to use sinking or 
neutrally buoyant groundlines; this proposed rule would allow the use 
of sinking and/or neutrally buoyant groundlines.
    Where sinking and/or neutrally buoyant line is required for 
groundlines, this proposed rule would prohibit the attachment of 
flotation devices, such as buoys and toggles. This would clarify the 
proposed prohibition on floating groundlines by expanding the 
prohibition to the attachment of any devices that cause groundlines to 
float into the water column, to reduce the risk of entangling large 
whales.

Other Regulatory Language Changes

    The following changes to the current ALWTRP regulations are 
proposed to improve consistency and clarity:
    Gillnet Take Reduction Technology List: In 2002, NMFS published a 
final rule (67 FR 1300, January 10, 2002) that replaced the Gillnet 
Take Reduction Technology List with specific requirements for gillnet 
gear in the Mid-Atlantic; however, the list was left in the 
regulations. This proposed rule would delete the Gillnet Take Reduction 
Technology List. The proposal to remove the Gillnet Take Reduction 
Technology List from the ALWTRP should not be construed to mean that 
NMFS would not consider a similar type of management approach in the 
future if appropriate.
    Anchoring clarification: This proposed rule would add language 
clarifying how to comply with the holding power of a 22-lb (10.0-kg) 
Danforth-style anchoring requirement for anchored gillnet fishing gear 
in the Northeast, Mid-Atlantic, and Southeast. The text to be added 
would read as follows: ``All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds through the use of a fluke, 
spade, plow, or pick) having the holding capacity equal to or greater 
than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights do not meet 
this requirement.''
    SAM clarification: This proposed rule would clarify that for 
gillnet and trap/pot fisheries, the Stellwagen Bank/Jeffreys Ledge 
Restricted Area overlaps with SAM West boundaries. Thus, the Stellwagen 
Bank/Jeffreys Ledge Restricted Area would be added to the list of 
ALWTRP management areas under the SAM section of the regulations.
    Terminology: For consistency, in the ``Other Provisions'' section 
of the ALWTRP regulations, this proposed rule would change the term 
``Cape Cod Bay Critical Habitat'' to ``Cape Cod Bay Restricted Area.'' 
In addition, this proposed rule would change the name of the 
``Southeast U.S. Restricted Area'' to ``Northern Monitoring and 
Restricted Area'', and designate the portion of the

[[Page 35909]]

Southeast U.S. Observer Area not included by the Southeast U.S. 
Restricted Area as the ``Southern Monitoring Area''.
    Definitions: The proposed rule would also add a definition in Sec.  
229.2 for ``Sunrise'' as follows: ``Sunrise means the time of sunrise 
as determined for the date and location in the Nautical Almanac, 
prepared by the U.S. Naval Observatory.'' The proposed rule would also 
add a definition in Sec.  229.2 for ``Sunset'' as follows: ``Sunset 
means the time of sunset as determined for the date and location in the 
Nautical Almanac, prepared by the U.S. Naval Observatory.''
    The proposed rule would move the definition of a ``Straight set or 
to fish with gillnet gear in a straight set'' from the section of the 
regulatory text containing the restrictions applicable to southeast 
Atlantic gillnet gear in Sec.  229.32 and add it to the definitions 
section in Sec.  229.2. The definition would be modified slightly to 
note the distinction between a straight set and a strikenet by adding 
``(not Strikenet)'' to the end of the current definition to read as 
follows: ``Straight set or to fish with gillnet gear in a straight set 
means a set in which the gillnet gear is placed in a line in the water 
column, as opposed to a circular set in which the gillnet is placed to 
encircle an area in the water column (not Strikenet).'' In addition, 
the definition for ``Strikenet or to fish with strikenet gear'' found 
in Sec.  229.2 would be modified to mean ``a method or technique of net 
deployment which is intended to encircle or enclose an area of water 
either with the net or by utilizing the shoreline to complete 
encirclement (not Straight set).''
    The proposed rule would add the following definition to Sec.  229.2 
for ``Bottom portion of the line'': ``Bottom portion of the line means, 
for buoy lines, the portion of the line in the water column that is 
closest to the fishing gear.'' This definition is proposed to clarify 
the regulatory requirements for allowing, where applicable, floating 
line in a section of the buoy line not to exceed one-third the overall 
length of the buoy line.
    The proposed rule would also revise the terms ``Lobster trap'' and 
``Lobster trap trawl'' to ``Trap/pot'' and ``Trap/pot trawl'' to 
reflect the broader scope of the ALWTRP once the new trap/pot fisheries 
are included under the management regime. The term ``Trap/pot'' would 
be defined to mean ``any structure or other device, other than a net or 
longline, that is placed, or designed to be placed, on the ocean bottom 
and is designed for or is capable of, catching lobster, crab (red, 
Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, 
cod, haddock, pollock, redfish (ocean perch), and white hake), conch/
whelk, and shrimp.'' The term ``Trap/pot trawl'' would be defined to 
mean ``two or more traps/pots attached to a single groundline.'' These 
definitions would only apply to the trap/pot fisheries that would be 
regulated under the ALWTRP.
    Prohibitions: The proposed rule would revise the language in Sec.  
229.3 and Sec.  229.32 regarding the activities prohibited under the 
ALWTRP. Specifically, in paragraphs (h) through (k) of Sec.  229.3, and 
where applicable in Sec.  229.32, the phrase ``or have available for 
immediate use'' would be added after the phrase ``[i]t is prohibited to 
fish with''. This added language is intended to clarify the activities 
prohibited under the ALWTRP and improve enforcement. Also, the phrase 
``lobster trap'' has been changed to ``trap/pot''.

Criteria for Establishing a Density Standard for Neutrally Buoyant and 
Sinking Line and Procedure for Determining the Specific Gravity of Line

    In response to requests from the fishing industry and line 
manufacturers for a clearer definition of neutrally buoyant and sinking 
line, NMFS has developed criteria for establishing a density standard 
for neutrally buoyant and sinking line and used these criteria to 
develop proposed definitions. In addition, NMFS proposes a procedure 
for assessing the specific gravity of line, which NMFS would use in the 
future to determine whether a manufactured line meets the accepted 
density standard. NMFS'' criteria for establishing the density standard 
and procedure to determine specific gravity of line are included in the 
DEIS and available to the public upon request (see ADDRESSES for 
contact information).
    This proposed rule would amend the definitions of ``Neutrally 
buoyant line'' and ``Sinking line'' and clarify each definition in 
relation to groundlines and buoy lines. Under this proposed rule, 
neutrally buoyant and sinking line would share the same definition, 
however, a distinction would be made to clarify that sinking and/or 
neutrally buoyant groundline could not float in the water column. 
Therefore, under the proposed rule, the current definition of 
``neutrally buoyant line'' would be amended to mean, ``for both 
groundlines and buoy lines, line that has a specific gravity of 1.030 
or greater, and, for groundlines only, does not float at any point in 
the water column (See also Sinking line)''. NMFS is proposing to keep 
the ``neutrally buoyant'' and ``sinking line'' terms based on 
industry's comment that these are familiar terms that have been used 
for a number of years.
    Accordingly, the current definition of ``Sinking line'' would be 
amended to mean, ``for both groundlines and buoy lines, line that has a 
specific gravity of 1.030 or greater, and, for groundlines only, does 
not float at any point in the water column (See also Neutrally buoyant 
line)''.

Alternative Six (Preferred)

    As discussed and analyzed in the DEIS, Alternative Six (Preferred) 
for amending the ALWTRP is similar to Alternative Three (Preferred), 
except as follows: (1) The SAM areas in the current regulations would 
be geographically expanded during the period from 2005 through 2007; 
(2) the gear modification requirements for the expanded SAM areas would 
be revised during the period from 2005 through 2007; (3) the DAM 
program would be replaced in 2005 with the expanded SAM areas; and (4) 
the expanded SAM areas would be replaced beginning in 2008 when the 
broad-based gear requirements described in Alternative Three 
(Preferred) would become effective.

Description of Proposed Changes to the SAM Program

    Current SAM Program: In 2002, NMFS published an interim final rule 
(67 FR 1142, January 9, 2002) for SAM--a program established to protect 
predictable seasonal congregations of right whales in the waters off 
Cape Cod and out to the eastern boundary of the EEZ. The rule defined 
two areas, called SAM West and SAM East, and a specific time period for 
each (March 1 through April 30 and May 1 through July 31, respectively) 
during which gear modifications for lobster trap/pot and anchored 
gillnet gear would be more stringent than those otherwise required for 
the same gear under the ALWTRP regulations. The dividing line between 
SAM West and SAM East is currently at 69[deg]24' W. longitude. The SAM 
areas adjoin, but do not include, the Cape Cod Bay Critical Habitat and 
the Great South Channel Critical Habitat areas.
    Proposed SAM Program: Under Alternative Six (Preferred), the 
proposed rule would amend the SAM program by establishing new 
boundaries for the SAM Areas and revising the gear modifications 
required for fishing within these areas. The changes to the SAM program 
described in this proposed rule would become effective on January 1, 
2005, to protect right whales until 2008, when the broad-

[[Page 35910]]

based gear modifications would become effective.
    The current boundaries for the SAM Areas are based on NMFS' 
analysis of aerial survey data collected during the period 1999-2001 
(Merrick et al., 2001) and using the methods of Clapham and Pace 
(2001). The changes proposed in this preferred alternative are 
supported by new data on right whale distribution obtained through the 
implementation of the DAM program. Since the DAM program became 
effective in 2002 (67 FR 1142, January 9, 2002 and 67 FR 65722, October 
28, 2002), additional information on the distribution of right whales 
in the Gulf of Maine, including new aerial survey data, has been 
collected. Repeated DAM triggers in the same areas suggests that the 
current SAM areas do not encompass all known seasonal congregations of 
North Atlantic right whales in waters north of 40[deg]00' N.
    Based on this information, NMFS conducted two different analyses to 
examine whether geographically expanding SAM (and to what coordinates) 
would provide additional protection to right whales. First, applying a 
methodology similar to those used to define the original SAM areas 
(Merrick et al., 2001), NMFS looked at the spring (March-May) sightings 
data from 1999-2003 to assess whether the current SAM West and SAM East 
areas encompassed all areas where right whales regularly congregate at 
that time of year. The second analytical approach considered March-July 
sightings data collected from 1975-2003 in the area between 40[deg]00' 
N. and 45[deg]00' N. from the Hague Line westward to the New England 
coast or 73[deg]00' W. The defined area was subdivided into a grid, 
counts of individual right whales were summed by month for each grid 
cell and the sum divided by the cell's area. These normalized values 
were plotted and the monthly plots compared to help identify/verify 
areas where right whales seasonally congregate.
    The results of the analyses reflected basic knowledge of right 
whale distribution in the Gulf of Maine: Whales occur at relatively 
high densities within Cape Cod Bay in March and April, and then move 
eastward as the spring and summer progress. When the latest survey data 
are included, the results show that: (1) Right whales regularly occur 
in March-April north of the Cape Cod Bay Critical Habitat and west of 
the existing SAM West; (2) right whales regularly occur south of SAM 
West and west of the Great South Channel Critical Habitat; (3) right 
whales are still present in SAM West in May (when the current SAM West-
related gear modifications are no longer required); and (4) there are 
very few sightings in the southeast corner of the SAM East area.
    Based on these results, under Alternative Six (Preferred), this 
proposed rule would modify the existing coordinates for the SAM areas. 
Specifically, the western boundary of SAM West would be extended 
westward to encompass seasonal congregations of right whales that occur 
north of the Cape Cod Bay Critical Habitat. Similarly, the southern 
boundary of SAM West would be extended further south, adjoining the 
Great South Channel Sliver area, to encompass seasonal congregations of 
right whales that occur south of the current SAM West and west of the 
Great South Channel Critical Habitat. Finally, the southern boundary of 
SAM East would be revised to include the Great South Channel Sliver 
area and the Great South Channel Critical Habitat, but would exclude 
the southeast corner of the existing SAM East area where there have 
been very few right whale sightings. The western boundary of SAM East 
would be extended west to 69[deg]45' W. longitude to encompass right 
whales that might remain in SAM West in May (after the SAM West area 
restrictions have expired). See Figure 5 for a graphic representation 
of the expanded SAM areas. See Table 1 for the specific coordinates 
bounding the expanded SAM areas.

Revised SAM Gear Modifications

    In addition to the changes discussed above, under Alternative Six 
(Preferred), this proposed rule would revise the gear modifications 
required for fishing within the SAM Areas during the applicable time 
periods. Currently, the SAM program requires lobster trap/pot gear and 
anchored gillnet gear fished in the SAM areas to have only one buoy 
line per trawl or net string, and buoy lines and groundlines must be 
made entirely of sinking or neutrally buoyant line. Under this 
preferred alternative, NMFS would allow the use of two buoy lines per 
trap/pot trawl or per net string, and allow the use of floating line on 
the bottom one-third or less of the buoy line (effective 6 months after 
the publication of a final rule).
    The proposed changes are based on the current DAM gear modification 
requirements, and the Cape Cod Bay Critical Habitat lobster trap/pot 
gear modifications. Background information on NMFS' decision to allow 
the use of two buoy lines per trap/pot trawl or net string, and the use 
of floating line on the bottom third of buoy lines is provided in the 
final rule identifying gear modifications for the DAM program (68 FR 
51195, August 26, 2003).

Proposed Changes to the SAM Program for All Trap/Pot Gear

    Under Alternative Six (Preferred), the provisions stated for 
Alternative Three (Preferred) for trap/pot fisheries would apply with 
the addition of the following requirements specific to the SAM and DAM 
programs. The SAM Areas would be expanded spatially and all lobster 
trap/pot fisheries operating within these areas during the restricted 
time periods would be subject to the current SAM restrictions, plus the 
following: A second buoy line would be allowed and the bottom one-third 
of the buoy line may consist of floating line. In addition, the trap/
pot fisheries subject to the SAM program would be expanded to include: 
Hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock 
redfish, and white hake), conch/whelk, shrimp, red, blue, rock, and 
Jonah crab. The expanded SAM area would include the Great South Channel 
Critical Habitat area; therefore, trap/pot gear would be subject to the 
SAM program inside critical habitat areas during time periods when the 
requirements for fishing inside these areas are no more conservative 
than the surrounding waters (i.e., when the protections of critical 
habitat areas disappear). However, the more restrictive Great South 
Channel Restricted Trap/Pot Area closure (April 1 through June 30) 
would supercede the SAM program. As a result, gear modifications for 
fishing with trap/pot gear in the SAM area would apply in the Great 
South Channel Restricted Trap/Pot Area from July 1 through July 31. The 
DAM program would be eliminated, and replaced with the expanded SAM 
areas.

Proposed Changes to the SAM Program for Gillnet Gear

    Under Alternative Six (Preferred), in addition to the measures 
proposed for gillnet fisheries under Alternative Three (Preferred), the 
following requirements specific to the SAM and DAM programs would 
apply. The SAM Areas would be expanded, and all gillnet fisheries 
operating within these areas during the restricted time periods would 
be subject to the current SAM restrictions, plus the following: A 
second buoy line would be allowed and the bottom one-third of the buoy 
line may be comprised of floating line. In addition, the gillnet 
fisheries regulated under the SAM program would be expanded to include 
Northeast anchored float gillnets. The expanded SAM area would include 
the Great South Channel Critical Habitat area; therefore, gillnet gear 
would be

[[Page 35911]]

subject to the SAM program inside critical habitat areas during time 
periods when the requirements for fishing inside these areas are no 
more conservative than the surrounding waters (i.e., when the 
protections of critical habitat areas disappear). However, the more 
restrictive Great South Channel Restricted Gillnet Area closure (April 
1 through June 30) would supercede the SAM program. As a result, gear 
modifications for fishing with gillnet gear in the SAM area would apply 
in the Great South Channel Restricted Gillnet Area from July 1 through 
July 31, and in the Great South Channel Sliver Restricted Area from May 
1 through July 31. The DAM program will be eliminated, and replaced 
with the expanded SAM areas.

Other Changes Proposed for All Trap/Pot and Gillnet Gear

    DAM Program: Most of the modifications proposed under this 
alternative would become effective 6 months after publication of a 
final rule, including the replacement of the DAM program. In other 
words, 6 months after the publication of a final rule, when the SAM 
areas are expanded, the expanded SAM program would eliminate and 
replace the DAM program. However, until the effective date, all trap/
pot and gillnet fisheries, including those added to the ALWTRP, would 
be subject to both the SAM and DAM programs.
    Groundlines: Under this alternative, for both trap/pot and gillnet 
fisheries, the SAM program would be eliminated and replaced with broad-
based gear modifications, including a requirement that all groundlines 
must be composed of sinking and/or neutrally buoyant line, effective in 
2008.

                                       Table 1.--Seasonal Area Management
----------------------------------------------------------------------------------------------------------------
                   Point                                 Latitude (north)                   Longitude (west)
----------------------------------------------------------------------------------------------------------------
                                Sam West Polygon--in effect from March 1-April 30
----------------------------------------------------------------------------------------------------------------
1W........................................  42[deg]30'................................  70[deg]30' (NW Corner)
2W........................................  42[deg]30'................................  69[deg]24'
3W........................................  41[deg]48.9'..............................  69[deg]24'
4W........................................  41[deg]40'................................  69[deg]45'
5W........................................  41[deg]40'................................  69[deg]57' along the
                                                                                         Eastern Shore of Cape
                                                                                         Cod to
6W........................................  42[deg]04.8'..............................  70[deg]10'
7W........................................  42[deg]12'................................  70[deg]15'
8W........................................  42[deg]12'................................  70[deg]30'
-------------------------------------------
                                 Sam East Polygon--in effect from May 1-July 31
----------------------------------------------------------------------------------------------------------------
1E........................................  42[deg]30'................................  69[deg]45' (NW Corner)
2E........................................  42[deg]30'................................  67[deg]27'
3E........................................  42[deg]09'................................  67[deg]08.4'
4E........................................  41[deg]00'................................  69[deg]05'
5E........................................  41[deg]40'................................  69[deg]45'
----------------------------------------------------------------------------------------------------------------

Classification

    This proposed rule has been determined to be significant for the 
purposes of Executive Order 12866.
    This proposed rule contains collection of information requirements 
subject to the Paperwork Reduction Act (PRA), specifically, the marking 
of fishing gear. The proposed collection of information requirement was 
submitted to the Office of Management and Budget (OMB) for approval. 
Public comment is sought regarding whether this proposed collection of 
information is necessary for the proper performance and function of the 
agency, including: the practical utility of the information; the 
accuracy of the burden estimate; the opportunities to enhance the 
quality, utility, and clarity of the information to be collected; and 
the ways to minimize the burden of the collection of information, 
including the use of automated collection techniques or other forms of 
information technology. Any information collection requirements subject 
to PRA and related to VMS requirements in the U.S. Southeast Atlantic 
shark gillnet fishery were addressed in a previous rulemaking (69 FR 
51010, August 17, 2004). This rule proposes to extend the VMS 
requirement for shark gillnet fishermen for an additional 15 days. 
There are no new costs associated with this extension. Fishermen would 
not incur any additional costs as they currently have all the equipment 
required to comply with the proposed reporting requirements.
    The DEIS includes several alternatives that NMFS will solicit 
comment on during a 60-day public comment period. These alternatives 
are analyzed separately in order to provide an estimate of burden hours 
for each alternative (Table 2). The labor and materials burden 
associated with the proposed change in gear marking requirements is 
based on the number of new marks per vessel required under each of the 
proposed alternatives and the number of vessels that would be impacted 
by the requirement.\1\ Although the gear marking requirement is the 
same for all vessels (except Southeastern U.S. Atlantic shark gillnet 
vessels), burden estimates vary by alternative for two reasons: (1) 
Differences in the number of affected vessels between alternatives and 
(2) differences in the number of buoy lines allowed per trawl for 
lobster and other trap/pot vessels.\2\ The number of new marks per 
vessel is based on the number of existing marks and the following gear 
configuration values:
---------------------------------------------------------------------------

    \1\ A mark, in this instance, is a four inch blue mark once 
every 10 fathoms along the buoy line. The majority of fisherman 
already mark their buoys with the vessel registration numbwer, 
vessel documentation number, federal permit number, or whatever 
positive identification marking is required by the vessel's home-
port state; therefore, we assume this provision places no additional 
costs on fisherman.
    \2\ We assume that there will be no costs to shark vessels 
because (1) all known shark vessels are already marking their gear 
in accordance with current requirements (i.e., there are no 
currently unregulated shark vessels that would be regulated under 
the proposed alternatives) and (2) shark vessels do not typically 
use a buoy line greater than four feet. To the extent that shark 
vessels use longer buoy lines in cases of foul weather, those lines 
would have to be marked in accordance with the proposed 
alternatives. Such costs are not included in this cost model.
---------------------------------------------------------------------------

    (1) Trawls or strings per vessel;
    (2) Buoy lines per trawl or per string; and
    (3) Length of buoy line (based on average fishing depth).

[[Page 35912]]

    To demonstrate the methodology described above, we present the 
following analysis of a typical northern inshore lobster vessel fishing 
on Stellwagen Bank with pairs of traps, as regulated under proposed 
alternative 2. The burden hours and costs estimated in the following 
example are immediate; i.e., incurred within 6 months of publication of 
a final rule.

Average number of trawls (with pair traps) per vessel = 300
Average number of buoy lines per trawl = 1
Average number of buoy lines per vessel = 300 * 1 = 300
Average fishing depth = 27.5 fathoms
Average length of buoy line = 27.5 fathoms * 1.5 = 41.25 fathoms, where 
1.5 = buoy line slack factor.
Average number of marks per buoy line = 41.25
1 mark every 10 fathoms = (41.25 fathoms 10) -1 = approximately 3 marks
Average number of existing marks per buoy line = 1
Average number of marks per vessel = 3 marks * 300 buoy lines = 900 
marks
Average number of existing marks per vessel = 1 mark * 300 buoy lines = 
300 marks
Number of new buoy line marks required under the proposed alternatives: 
900--300 = 600 marks
Time to install a single buoy line mark = 5 minutes
Material cost of a single buoy line mark = $0.05
Hours burden per vessel = 5 minutes * 600 marks = 3,000 minutes = 50 
hours
Material cost per vessel = $0.05 * 600 marks = $30.00
    The process described above is repeated for each model vessel (each 
model vessel represents a group of vessels that face similar regulatory 
requirements and operate with a similar quantity and configuration of 
gear). These estimates of hours burden and material costs are then 
multiplied by the estimated number of vessels represented by each model 
vessel. The resulting values for all vessel groups are then summed to 
estimate the total impact of each proposed alternative. Total estimated 
hours and material costs are then divided by total affected vessels to 
estimate the average hours burden and material cost per vessel.

                              Table 2.--Estimated Annual Change in Burden Hours \1\
----------------------------------------------------------------------------------------------------------------
                                                                      Time Period \2\ (hours)
                                                 ---------------------------------------------------------------
                                                   Immediate \3\                    Ongoing \4\
              Proposed Alternative               ---------------------------------------------------------------
                                                    Total (all     Average (per     Total (all     Average (per
                                                     vessels)         vessel)        vessels)         vessel)
----------------------------------------------------------------------------------------------------------------
2...............................................         148,185            26.3          38,638             6.9
3...............................................         147,837            26.4          38,538             6.9
4...............................................         148,182            26.4          38,637             6.9
5...............................................         148,118            26.4          38,508             6.9
6...............................................         148,118            26.4          38,508            6.9
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ The burden hours estimated in this table are incurred by fishermen in marking their buoy lines. The majority
  of fishermen already mark their buoys with the vessel registration number, vessel documentation number,
  federal permit number, or whatever positive identification marking is required by the vessel's home-port
  state; therefore, we assume this provision places no additional burden on fishermen.
\2\ Under Alternatives 2 through 4, lobster and other trap/pot vessels fishing in SAM restricted waters are
  limited to one buoy line per trawl. In 2008, the SAM program is eliminated and these vessels are no longer
  restricted to one buoy line per trawl. We assume vessels will take advantage of this change by increasing to
  two the number of buoy lines on all trawls over five traps. This would impact the labor burden of complying
  with buoy line marking requirements in 2008 and beyond. For simplicity, we only present estimated burden hours
  for 2005 (``Immediate'') and post-2008 (``Ongoing'').
\3\ This estimate reflects the hours fishermen would have to spend changing current gear marking schemes to meet
  provisions that would go into effect six months after publication of the rule. Assuming the final rule is
  published in 2005, these hours would be incurred in that year.
\4\ This estimate reflects the number of hours fishermen will have to spend on an ongoing basis in order to
  maintain compliance with the rule. Additional time and costs are incurred on an ongoing basis because buoy
  lines and gear markings have useful lives, after which the gear must be replaced and/or re-marked. Assuming
  the final rule is published in 2005, these hours would be incurred in 2009 and every year thereafter.


                                  Table 3.--Estimated Annual Change in Cost\1\
----------------------------------------------------------------------------------------------------------------
                                                                          Time Period \2\
                                                 ---------------------------------------------------------------
                                                           Immediate \3\                    Ongoing \4\
                                                 ---------------------------------------------------------------
              Proposed Alternative                  Total  (all                     Total  (all
                                                   vessels)  (in   Average  (per   vessels)  (in   Average  (per
                                                   thousands  of   vessel)  (in    thousands  of   vessel)  (in
                                                     dollars)        dollars)        dollars)        dollars)
----------------------------------------------------------------------------------------------------------------
2...............................................            88.9           15.78            23.2            4.12
3...............................................            88.7           15.82            23.1            4.12
4...............................................            88.9           15.81            23.2            4.12
5...............................................            88.9           15.85            23.1            4.12
6...............................................            88.9           15.85            23.1           4.12
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ The costs estimated in this table are incurred by fishermen in marking their buoy lines. The majority of
  fishermen already mark their buoys with the vessel registration number, vessel documentation number, federal
  permit number, or whatever positive identification marking is required by the vessel's home-port state;
  therefore, we assume this provision places no additional costs on fishermen.
\2\ Under Alternatives 2 through 4, lobster and other trap/pot vessels fishing in SAM restricted waters are
  limited to one buoy line per trawl. In 2008, the SAM program is eliminated and these vessels are no longer
  restricted to one buoy line per trawl. We assume vessels will take advantage of this change by increasing to
  two the number of buoy lines on all trawls over five traps. This would impact the cost of complying with buoy
  line marking requirements in 2008 and beyond. For simplicity, we only present costs for 2005 (``Immediate'')
  and post-2008 (``Ongoing'').

[[Page 35913]]

 
\3\ This estimate reflects the cost to fishermen of changing current gear marking schemes to meet provisions
  that would go into effect six months after publication of the rule. Assuming the final rule is published in
  2005, these costs would be incurred in that year.
\4\ This estimate reflects cost to fishermen on an ongoing basis in order to maintain compliance with the rule.
  Additional time and costs are incurred on an ongoing basis because buoy lines and gear markings have useful
  lives, after which the gear must be replaced and/or re-marked. Assuming the final rule is published in 2005,
  these costs would be incurred in 2009 and every year thereafter.

    Send comments on these or any other aspects of the collection of 
information to the ADDRESSES above, and to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 (Attention: NOAA Desk Officer).
    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 valid OMB Control Number.
    As required by the Regulatory Flexibility Act, NMFS prepared an 
initial regulatory flexibility analysis (IRFA) for this proposed rule. 
A summary of that IRFA follows.
    This proposed rule would identify measures that reduce the risk of 
serious injury or mortality from entanglement of large whales under the 
ALWTRP. 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, humpback, and fin whales in 
commercial east coast trap/pot and gillnet fisheries. The small 
entities affected by this proposed rule are commercial gillnet and 
trap/pot fishermen.
    The geographic range of the gear modifications would include 
Northeast Atlantic, Mid-Atlantic, and Southeast Atlantic waters. In the 
lobster trap/pot fishery, there are potentially 3,685 vessels that 
would be affected, of which 2,753 would be in northern inshore waters, 
653 in northern nearshore waters, 168 in offshore waters, and 111 in 
southern nearshore waters (NMFS, 2004). In the other trap/pot fishery, 
there are potentially 418 vessels that would be affected, of which 231 
would be in northern inshore waters, 20 in northern nearshore waters, 
21 in offshore waters, and 146 in southern nearshore waters. In the 
gillnet fishery, there are approximately 1,044 vessels that would be 
affected, of which 336 would be Northeast anchored gillnet, 616 would 
be Mid-Atlantic anchored gillnet, 79 would be Mid-Atlantic driftnet, 
and 13 would be Southeast Atlantic gillnet (this number does not 
include Southeastern U.S. Atlantic shark gillnet vessels, as the 
analysis for this action concluded that these vessels would not incur 
significant compliance costs).
    The majority of affected vessels in the lobster trap/pot 
(approximately 68 percent of total) and other trap/pot fisheries 
(approximately 52 percent of total) fall within Class II, 29 to 40 ft 
(12.2 m) in length. For the gillnet fishery, the majority of affected 
vessels fall within Class II (approximately 47 percent of total) and 
Class III, 41-50 ft (12.5-15.24 m) in length (approximately 43 percent 
of total). The most affected vessels, which are those for which annual 
compliance costs exceed 15 percent of average annual revenues, are 
based in the Northeast. Thus, the number of vessels considered most 
affected is essentially identical under all alternatives with the 
exception of the no action alternative (Alternative 1) and Alternative 
5. All vessels are assumed to be small entities within the meaning of 
the Regulatory Flexibility Act.
    Any information collection requirements subject to PRA and related 
to VMS requirements in the U.S. Southeast Atlantic shark gillnet 
fishery were addressed in a previous rulemaking (69 FR 51010, August 
17, 2004). This proposed rule would extend the VMS requirement for 
shark gillnet fishermen for an additional 15 days. There are no new 
costs associated with this extension. Fishermen would not incur any 
additional costs as they currently have all the equipment required to 
comply with the proposed reporting requirements. There are no relevant 
Federal rules that duplicate, overlap, or conflict with the proposed 
rule.
    Six alternatives, consisting of one status quo or no action 
alternative, two preferred alternatives, and three additional 
alternatives were evaluated using model vessels, each of which 
represents a group of vessels that share similar operating 
characteristics and would face similar requirements under a given 
regulatory alternative. A summary of the analysis follows:
    1. NMFS considered a ``no action'' or status quo alternative 
(Alternative 1-Non-Preferred) that would result in no changes to the 
current measures under the ALWTRP and, as such, would result in no 
additional economic effects on the fishing industry.
    2. NMFS considered an alternative (Alternative 2--Non-Preferred), 
which would implement broad-based, coast-wide gear modifications year-
round for the east coast fisheries covered by the ALWTRP. These gear 
modifications would include: the use of weak links on all flotation 
devices; discontinuing the SAM and DAM programs and requiring the use 
of entirely sinking and/or neutrally buoyant groundline by 2008; the 
use of weak links and anchoring systems for gillnets; and implementing 
new gear marking requirements for buoy lines. This alternative would 
also cover several new fisheries under the ALWTRP regulations which use 
gear similar to gear used by those fisheries already covered by the 
regulations, redefine some of the regulated area boundaries, extend the 
scope of the ALWTRP regulations out to the eastern edge of the EEZ, and 
expand and clarify the areas exempted from the plan. Under this 
alternative, the average increase in annual vessel compliance costs 
would be $3,484 for lobster trap/pot vessels; $1,055 for other trap/pot 
vessels; and $917 for gillnet vessels. Under Alternative 2, the average 
increase in annual gear marking costs would be $164 for lobster trap/
pot vessels; $110 for other trap/pot vessels; and $3 for gillnet 
vessels.
    3. Alternative 3 (Preferred) would implement all of the 
requirements included in Alternative 2, except that the requirements 
for Mid and South Atlantic waters south of 40[deg]00' N. would be 
seasonal rather than year-round. Waters north of 40[deg]00' N. would be 
subject to ALWTRP gear modifications year-round. Under this Preferred 
Alternative, average increase in annual vessel compliance costs would 
be $3,483 for lobster trap/pot vessels; $1,060 for other trap/pot 
vessels; and $925 for gillnet vessels. Under Alternative 3, the average 
increase in annual gear marking costs would be $164 for lobster trap/
pot vessels; $109 for other trap/pot vessels; and $3 for gillnet 
vessels.
    4. NMFS considered another alternative (Alternative 4--Non-
Preferred) which would consist of all of the gear modifications 
included in Alternative 2, except that the requirements for South 
Atlantic waters south of the South Carolina/Georgia border would be 
seasonal rather than year-round. Waters north of this border would be 
subject to ALWTRP gear modifications year-round. Under this 
alternative, average increase in annual vessel compliance costs would 
be $3,484 for lobster trap/pot vessels; $1,055 for other trap/pot 
vessels; and $923 for gillnet vessels. Under

[[Page 35914]]

Alternative 4, the average increase in annual gear marking costs would 
be $164 for lobster trap/pot vessels; $110 for other trap/pot vessels; 
and $3 for gillnet vessels.
    5. NMFS considered an alternative (Alternative 5--Non-Preferred) 
which would implement the requirements included in Alternative 3 
(Preferred), except for the broad-based, coast-wide gear modification 
requirements such as the use of entirely sinking/neutrally buoyant 
groundline, expanded weak link requirements for gillnet gear at night 
in the Mid-Atlantic, and weak link and anchoring requirements for 
gillnet gear in the Northeast. Additionally, in 2005, this alternative 
would expand the SAM areas, allow for a second buoy line, allow both 
buoy lines to have up to one-third of the bottom portion of the buoy 
line to be composed of floating line in the SAM areas, and discontinue 
the DAM program. Under this alternative, average increase in annual 
vessel compliance costs would be $210 for lobster trap/pot vessels; 
$184 for other trap/pot vessels; and $163 for gillnet vessels. Under 
Alternative 5, the average increase in annual gear marking costs would 
be $164 for lobster trap/pot vessels; $110 for other trap/pot vessels; 
and $3 for gillnet vessels.
    6. Alternative Six (Preferred) would implement all of the 
requirements contained in Alternative 2, but would expand the SAM 
areas, allow for a second buoy line, allow both buoy lines to have up 
to one-third of the bottom portion of the buoy line to be composed of 
floating line in the SAM areas, and eliminate the DAM program in 2005. 
The SAM program would then be eliminated in 2008, at which time the 
broad-based, coast-wide gear modifications and seasonal restrictions as 
in Alternative 3 (Preferred) would be implemented. Under Alternative 6 
(Preferred), average increase in annual vessel compliance costs would 
be $3,482 for lobster trap/pot vessels; $947 for other trap/pot 
vessels; and $925 for gillnet vessels. Under Alternative 6, the average 
increase in annual gear marking costs would be $164 for lobster trap/
pot vessels; $110 for other trap/pot vessels; and $3 for gillnet 
vessels.
    NMFS has 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.

References

Caswell, H.; Fujiwara; M.; Brault, S. 1999. Declining survival 
threatens the North Atlantic right whale. Proc. Nat. Acad. Sci. 96: 
3308-3313.
Clapham, P.J.; Pace, R.M., III. 2001. Defining triggers for 
temporary area closures to protect right whales from entanglements: 
issues and options. Northeast Fisheries Science Center Reference 
Document 01-06. April 2001.
Johnson, A.; Salvador, G.; Kenney, J.; Robbins, J.; Kraus, S.; 
Landry, S.; Clapham, P. 2005. Fishing gear involved in entanglements 
of right and humpback whales. Marine Mammal Science (in press).
BILLING CODE 3510-22-P

[[Page 35915]]

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[[Page 35916]]


[GRAPHIC] [TIFF OMITTED] TP21JN05.001


[[Page 35917]]


[GRAPHIC] [TIFF OMITTED] TP21JN05.002


[[Page 35918]]


[GRAPHIC] [TIFF OMITTED] TP21JN05.003

BILLING CODE 3510-22-C
Mate, B.R.; Nieukirk, S.L.; Kraus, S.D. 1997. Satellite-monitored 
movements of the northern right whale, Journal of Wildlife 
Management, 61(4).
McKiernan, D.; Pol, M.; Malkoski, V. 2002. A Study of the Underwater 
Profiles of Lobster Trawl Ground Lines: Report to NMFS in support of 
the Massachusetts Right Whale Conservation Program, Contract 
 50EANF-1-00048.
Merrick, R.L.; Clapham, P.J.; Cole, T.V.N.; Gerrior, P.; Pace, R.M., 
III. 2001. Identification of seasonal area management zones for 
North Atlantic right whale conservation. Northeast Fisheries Science 
Center Reference Document 01-14. October 2001.
NMFS. 2004. Draft Environmental Impact Statement on the Proposed 
Rule to Amend the Atlantic Large Whale Take Reduction Plan. 
Northeast Region.

List of Subjects

50 CFR Part 229

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

50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 19, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 229, 50 CFR 
part 635 and 50 CFR part 648 are proposed to be amended as follows to 
implement Alternative 3 (Preferred):

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

    1. The authority citation for 50 CFR part 229 continues to read as 
follows:

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


[[Page 35919]]


    2. In Sec.  229.2, the definitions of ``Lobster trap'' and 
``Lobster trap trawl'' are removed. The definitions of ``Anchored 
gillnet'', ``Gillnet'', ``Groundline'', ``Shark gillnet or shark 
gillnetting'', and ``Strikenet or to fish with strikenet gear'' are 
revised in alphabetical order to read as follows below. The definitions 
of ``Bitter end'', ``Bottom portion of line'', ``Neutrally buoyant 
line'', ``Sinking line'', ``Straight set or to fish with gillnet gear 
in a straight set'', ``Sunrise'', ``Sunset'', ``Trap/Pot'', and ``Trap 
trawl'' are added in alphabetical order to read as follows:


Sec.  229.2  Definitions.

* * * * *
    Anchored gillnet means any gillnet gear, including an anchored 
float gillnet, sink gillnet, or stab net, that is set anywhere in the 
water column and which is anchored, secured, or weighted to the bottom 
of the sea. Also called a set gillnet.
* * * * *
    Bitter end means the loose end of a line that has detached from a 
weak link.
* * * * *
    Bottom portion of the line means, for buoy lines, the portion of 
the line in the water column that is closest to the fishing gear.
* * * * *
    Gillnet means fishing gear consisting of a wall of webbing (meshes) 
or nets, designed or configured so that the webbing (meshes) or nets 
are placed in the water column, usually held approximately vertically, 
and are designed to capture fish by entanglement, gilling, or wedging. 
The term ``gillnet'' includes gillnets of all types, including but not 
limited to sink gillnets, other anchored gillnets (e.g., anchored float 
gillnets, stab, and set nets), and drift gillnets. Gillnets may or may 
not be attached to a vessel.
    Groundline, with reference to trap/pot gear, means a line 
connecting traps in a trap trawl, and, with reference to gillnet gear, 
means a line connecting a gillnet or gillnet bridle to an anchor or 
buoy line.
* * * * *
    Neutrally buoyant line means, for both groundlines and buoy lines, 
line that has a specific gravity of 1.030 or greater, and, for 
groundlines only, does not float at any point in the water column (See 
also Sinking line).
* * * * *
    Shark gillnet or shark gillnetting means a gillnet with webbing of 
5 inches or greater stretched mesh that is fished in the waters south 
of the South Carolina/Georgia border, or to fish with such a gillnet in 
those waters.
* * * * *
    Sinking line means, for both groundlines and buoy lines, line that 
has a specific gravity of 1.030 or greater, and, for groundlines only, 
does not float at any point in the water column (See also Neutrally 
buoyant line).
* * * * *
    Straight set or to fish with gillnet gear in a straight set means a 
set in which the gillnet is placed in a line in the water column, as 
opposed to a circular set in which the gillnet is placed to encircle an 
area in the water column (not Strikenet).
* * * * *
    Strikenet or to fish with strikenet gear means a method or 
technique of net deployment which is intended to encircle or enclose an 
area of water either with the net or by utilizing the shoreline to 
complete the encirclement (not Straight set).
    Sunrise means the time of sunrise as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
* * * * *
    Sunset means the time of sunset as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
* * * * *
    Trap/Pot means any structure or other device, other than a net or 
longline, that is placed, or designed to be placed, on the ocean bottom 
and is designed for or is capable of, catching lobster, crab (red, 
Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, 
cod, haddock, pollock, redfish (ocean perch), and white hake), conch/
whelk, and shrimp.
    Trap trawl means two or more trap/pots attached to a single 
groundline.
* * * * *
    3. In Sec.  229.3, paragraphs (h) through (l) are revised to read 
as follows:


Sec.  229.3  Prohibitions.

* * * * *
    (h) It is prohibited to fish with or have available for immediate 
use trap/pot gear in the areas and for the times specified in Sec.  
229.32(b)(2) and (c)(2) through (c)(8) unless the trap/pot 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 or have available for immediate 
use 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 or have available for immediate 
use 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 or have available for immediate 
use southeast Atlantic gillnet gear in the areas and for the times 
specified in Sec.  229.32(f)(1)(i) unless the gillnet gear complies 
with the requirements specified in Sec.  229.32(f)(1)(ii) and 
(f)(1)(iii).
    (l) It is prohibited to fish with or have available for immediate 
use shark gillnet gear in the areas and for the times specified in 
Sec.  229.32(b)(2), (g)(1)(i), and (g)(1)(ii) unless the gear complies 
with the closures, marking requirements, modifications, and 
restrictions specified in Sec.  229.32(b)(3)(i), (b)(3)(ii), and (g)(2) 
through (g)(3)(iii)(D).
* * * * *
    4. Section 229.32 is revised to read as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

    (a)(1) Purpose and scope. The purpose of this section is to 
implement the Atlantic Large Whale Take Reduction Plan to reduce 
incidental bycatch of fin, humpback, and right whales in specific 
commercial fisheries from Maine to Florida. The gear types affected by 
this plan include anchored gillnets, traps/pots, drift gillnets, and 
shark gillnets (including strikenets).
    (2) Regulated waters. The regulations in this section apply to all 
U.S. waters except for the areas exempted in paragraphs (a)(3) and 
(a)(4) of this section.
    (3) Exempted waters. (i) The regulations in this section do not 
apply to waters landward of the 72 COLREGS demarcation lines 
(International Regulations for Preventing Collisions at Sea, 1972), as 
depicted or noted on nautical charts published by the National Oceanic 
and Atmospheric Administration (Coast Charts 1:80,000 scale), and as 
described in 33 CFR Part 80 with the exception of the waters landward 
of the following lines:

42[deg]20.665' N., 70[deg]57.205' W. TO 42[deg]20.009' N., 
70[deg]55.803' W. and
42[deg]19.548' N., 70[deg]55.436' W. TO 42[deg]18.599' N., 
70[deg]52.961' W. (Boston Harbor).
41[deg]11.40' N., 72[deg]09.70' W. TO 41[deg]04.50' N., 71[deg]51.60' 
W. (Gardiners Bay).


[[Page 35920]]


    (ii) Other exempted waters. Where the 72 COLREGS demarcation lines 
do not exist, the regulations in this section do not apply to the 
waters landward of the Territorial sea baseline, where appropriate, in 
Maine (as depicted or noted on nautical charts published by the 
National Oceanic and Atmospheric Administration (Coast Charts 1:80,000 
scale), and as described in 33 CFR 2.20) or landward of the following 
lines:

Maine

44[deg]49.863' N., 66[deg]55.664' W. TO 44[deg]48.924' N., 
66[deg]57.01' W. (Quoddy Narrows, U.S./Canada border)
44[deg]45.682' N., 67[deg]02.936' W. TO 44[deg]44.696' N., 
67[deg]04.374' W. (Baileys Mistake and Haycock Harbor)
44[deg]44.446' N., 67[deg]04.858' W. TO 44[deg]43.843' N., 
67[deg]05.909' W. (Moose Cove)

Territorial Sea Baseline (Little River)

    A line connecting the points (Little Machias Bay, Cross Island 
Narrows, Machias Bay, Englishman Bay, Chandler Bay, and Eastern
    Bay):

44[deg]38.14' N., 67[deg]13.788' W. (Great Head)
44[deg]37.679' N., 67[deg]15.424' W. (Cape Wash)
44[deg]36.659' N., 67[deg]16.205' W. (Scotch Island)
44[deg]36.236' N., 67[deg]16.857' W. (Spruce Point)
44[deg]35.071' N., 67[deg]21.177' W. (Libby Islands)
44[deg]33.369' N., 67[deg]29.787' W. (Great Spruce Island)
44[deg]31.908' N., 67[deg]31.842' W. (Mark Island)
44[deg]30.637' N., 67[deg]31.431' W. (Head Harbor Island)

    A line connecting the points (Eastern Bay):

44[deg]29.521' N., 67[deg]30.935' W. (Black Head)
44[deg]28.50' N., 67[deg]31.878' W. (Moose Peak)
44[deg]27.332' N., 67[deg]34.15' W. (Little Pond Head)

    A line connecting the points (Moosabec Reach and Wahoa Bay):

44[deg]29.945' N. 67[deg]36.228' W. (The Flying Place)
44[deg]30.196' N. 67[deg]36.832' W. (Beals Island)
44[deg]30.334' N. 67[deg]38.573' W. (Norton Island)
44[deg]29.729' N. 67[deg]42.609' W. (Tibbett Island)
44[deg]29.824' N. 67[deg]44.107' W. (Cape Split)

Territorial Sea Baseline (Pleasant Bay, Narraguagus Bay, and Pigeon 
Hill Bay)

    A line connecting the points (Dyer Bay, Gouldsboro Bay, Prospect 
Harbor, and Schoodic Harbor):

44[deg]23.69' N., 67[deg]53.951' W. (Petit Manan Point)
44[deg]23.113' N., 67[deg]58.853' W. (Cranberry Point)
44[deg]21.416' N., 68[deg]01.556' W. (Spruce Point)
44[deg]20.131' N., 68[deg]02.782' W. (Schoodic Head)

Territorial Sea Baseline (Frenchman Bay)

    A line connecting the points (Blue Hill Bay and Penobscot Bay):

44[deg]18.431' N., 68[deg]11.337' W. (Otter Point, Mount Desert Island)
44[deg]14.504' N., 68[deg]11.040' W. (Baker's Island)
44[deg]06.00' N., 68[deg]20.07' W. (Rich's Head, Long Island)
43[deg]59.36' N., 68[deg]37.95' W. (Roaring Bull Ledge, Isle au Haut)
43[deg]59.83' N., 68[deg]50.06' W. (South Vinalhaven Island)
43[deg]56.72' N., 69[deg]04.89' W. (Two Bush Channel)
43[deg]54.903' N., 69[deg]13.175' W. (Mosquito Island)
43[deg]55.074' N., 69[deg]15.579' W. (Marshall Point, Port Clyde)

Territorial Sea Baseline (Johns Bay and Muscongus Bay)

    A line connecting the points (Sheepscot Bay and Booth Bay):

43[deg]48.872' N., 69[deg]35.465' W. (Linekin Neck)
43[deg]48.206' N., 69[deg]35.913' W. (Ram Island)
43[deg]47.233' N., 69[deg]39.209' W. (Cape Newagen)
43[deg]47.168' N., 69[deg]39.621' W. (Cape Newagen)
43[deg]46.947' N., 69[deg]43.097' W. (Outer Head)
43[deg]44.658' N., 69[deg]45.288' W. (Salter Island)
43[deg]42.056' N., 69[deg]50.185' W. (Small Point, Cape Small)
43[deg]42.298' N., 69[deg]51.23' W. (Bald Head, Cape Small)

Territorial Sea Baseline (Saco Bay)

43[deg]23.963' N., 70[deg]23.882' W. TO 43[deg]22.401' N., 
70[deg]25.296' W. (Goosefare Bay)
43[deg]22.198' N., 70[deg]25.065' W. TO 43[deg]21.823' N., 
70[deg]24.977' W. (Stage Island Harbor)
43[deg]21.663' N., 70[deg]24.977' W. TO 43[deg]13.267' N., 
70[deg]34.542' W. (body of water between Cape Porpoise and Bald Head 
Cliff)
43[deg]11.176' N., 70[deg]35.867' W. TO 43[deg]10.984' N., 
70[deg]36.161' W. (Cape Neddick Harbor)
43[deg]08.115' N., 70[deg]37.434' W. TO 43[deg]07.56' N., 
70[deg]38.049' W. (York Harbor)
43[deg]06.104' N., 70[deg]39.037' W. TO 43[deg]05.574' N., 
70[deg]39.369' W. (Brave Boat Harbor)

New Hampshire

42[deg]53.691' N., 70[deg]48.516' W. TO 42[deg]53.516' N., 
70[deg]48.748' W. (Hampton Harbor)
42[deg]59.986' N., 70[deg]44.654' W. TO 42[deg]59.956' N., 
70[deg]44.737' W. (Rye Harbor)

Massachusetts

42[deg]49.136' N., 70[deg]48.242' W. TO 42[deg]48.964' N., 
70[deg]48.282' W. (Newburyport Harbor)
42[deg]42.145 N., 70[deg]46.995' W. TO 42[deg]41.523' N., 
70[deg]47.356' W. (Plum Island Sound)
42[deg]40.266' N., 70[deg]43.838' W. TO 42[deg]39.778' N., 
70[deg]43.142' W. (Essex Bay)
42[deg]39.645' N., 70[deg]36.715' W. TO 42[deg]39.613' N., 
70[deg]36.60' W. (Rockport Harbor)
42[deg]15.203' N., 70[deg]46.324' W. TO 42[deg]15.214' N., 
70[deg]47.352' W. (Cohasset Harbor)
42[deg]12.09' N., 70[deg]42.98' W. TO 42[deg]12.211' N., 70[deg]43.002 
W. (Scituate Harbor)
42[deg]09.724' N., 70[deg]42.378' W. TO 42[deg]10.085' N., 
70[deg]42.875' W. (New Inlet)
42[deg]04.64' N., 70[deg]38.587' W. TO 42[deg]04.583' N., 
70[deg]38.631' W. (Green Harbor)
41[deg]59.686' N., 70[deg]37.948' W. TO 41[deg]58.75' N., 
70[deg]39.052' W. (Duxbury Bay/Plymouth Harbor)
41[deg]50.395' N., 70[deg]31.943' W. TO 41[deg]50.369' N., 
70[deg]32.145' W. (Ellisville Harbor)
41[deg]45.53' N., 70[deg]09.387' W. TO 41[deg]45.523' N., 
70[deg]09.307' W. (Sesuit Harbor)
41[deg]45.546' N., 70[deg]07.39' W. TO 41[deg]45.551' N., 70[deg]07.32' 
W. (Quivett Creek)
41[deg]47.269' N., 70[deg]01.411' W. TO 41[deg]47.418' N., 
70[deg]01.306' W. (Namskaket Creek)
41[deg]47.961' N., 70[deg]0.561' W. TO 41[deg]48.07' N., 70[deg]0.514' 
W. (Rock Harbor Creek)
41[deg]48.932' N., 70[deg]0.286' W. TO 41[deg]48.483' N., 70[deg]0.216' 
W. (Boat Meadow River)
41[deg]48.777' N., 70[deg]0.317' W. TO 41[deg]48.983' N., 70[deg]0.196' 
W. (Herring River)
41[deg]53.922' N., 70[deg]01.333' W. TO 41[deg]54.497' N., 
70[deg]01.182' W. (Blackfish Creek/Loagy Bay)
41[deg]55.503' N., 70[deg]02.07' W. TO 41[deg]55.753' N., 
70[deg]02.281' W. (Duck Creek)
41[deg]55.501' N., 70[deg]03.51' W. TO 41[deg]55.322' N., 
70[deg]03.191' W. (Herring River, inside Wellfleet Harbor)

[[Page 35921]]

41[deg]59.481' N., 70[deg]04.779' W. TO 41[deg]59.563' N., 
70[deg]04.718' W. (Pamet River)
42[deg]03.601' N., 70[deg]14.269' W. TO 42[deg]03.601' N., 
70[deg]14.416' W. (Hatches Harbor)
41[deg]48.708' N., 69[deg]56.319' W. TO 41[deg]48.554' N., 
69[deg]56.238' W. (Nauset Harbor)
41[deg]40.685' N., 69[deg]56.781' W. TO 41[deg]40.884' N., 
69[deg]56.28' W. (Chatham Harbor)
41[deg]39.429' N., 69[deg]58.827' W. TO 41[deg]39.442' N., 
69[deg]59.037' W. (Stage Harbor)
41[deg]39.80' N., 70[deg]03.661' W. TO 41[deg]39.626' N., 
70[deg]03.791' W. (Wynchmere Harbor/Saquatucket Harbor)
41[deg]39.764' N., 70[deg]05.324' W. TO 41[deg]39.666' N., 
70[deg]05.371' W. (Doanes Creek)
41[deg]39.322' N., 70[deg]06.914' W. TO 41[deg]39.30' N., 
70[deg]06.952' W. (Herring River)
41[deg]39.085' N., 70[deg]09.401' W. TO 41[deg]39.087' N., 
70[deg]09.467' W. (Swan Pond River)
41[deg]38.584' N., 70[deg]11.724' W. TO 41[deg]38.643' N., 
70[deg]11.849' W (Bass River)
41[deg]38.211' N., 70[deg]13.25' W. TO 41[deg]38.121' N., 
70[deg]13.247' W. (Parkers River)
41[deg]36.575' N., 70[deg]15.95' W. TO 41[deg]37.452' N., 
70[deg]17.537' W. (Hyannis Harbor)
41[deg]37.49' N., 70[deg]21.899' W. TO 41[deg]37.408' N., 
70[deg]21.846' W. (East Bay)
41[deg]36.344' N., 70[deg]24.049' W. TO 41[deg]36.398' N., 
70[deg]24.09' W. (West Bay)
41[deg]36.289' N., 70[deg]25.624' W TO 41[deg]36.302' N., 
70[deg]26.254' W. (Cotuit Bay)
41[deg]35.32' N., 70[deg]27.047' W. TO 41[deg]35.202' N., 
70[deg]27.041' W. (Popponesset Bay)
41[deg]32.862' N., 70[deg]31.614' W. TO 41[deg]32.804' N., 
70[deg]31.762' W. (Waquoit Bay)
41[deg]33.086' N., 70[deg]32.53' W. TO 41[deg]33.07' N., 70[deg]32.884' 
W. (Eel Pond)

    A line formed by the centerline of the fixed bridges at both 
entrances (Bournes Pond)

41[deg]32.871' N., 70[deg]34.214' W. TO 41[deg]32.855' N., 
70[deg]34.252' W. (Green Pond)

    A line formed by the centerline of the fixed bridge at entrance 
(Great Pond)

41[deg]32.542' N., 70[deg]36.449' W. TO 41[deg]32.535' N., 
70[deg]36.505' W. (Falmouth Inner Harbor)
41[deg]30.597' N., 71[deg]05.285' W. TO 41[deg]30.444' N., 
71[deg]05.281' W. (Westport Harbor)

Rhode Island

41[deg]22.41' N., 71[deg]30.80' W. TO 41[deg]22.41' N., 71[deg]30.85' 
W. (Pt. Judith Pond Inlet)
41[deg]21.31' N., 71[deg]38.30' W. TO 41[deg]21.30' N., 71[deg]38.33' 
W. (Ninigret Pond Inlet)
41[deg]19.90' N., 71[deg]43.08' W. TO 41[deg]19.90' N., 71[deg]43.10' 
W. (Quonochontaug Pond Inlet)
41[deg]19.66' N., 71[deg]45.75' W. TO 41[deg]19.66' N., 71[deg]45.78' 
W. (Weekapaug Pond Inlet)

South Carolina

32[deg]34.717' N., 80[deg]08.565' W. TO 32[deg]34.686' N., 
80[deg]08.642' W. (Captain Sams Inlet)

    (4) Sinking and/or neutrally buoyant groundline exemption. The 
fisheries regulated under this section are exempt from the requirement 
to have groundlines composed of sinking and/or neutrally buoyant line 
on or before January 1, 2008, if gear is set in waters deeper than 280 
fathoms (1,680 ft or 512.1 m).
    (b) Gear marking requirements. (1) Specified gear consists of trap/
pot gear and gillnet gear set in specified areas.
    (2) Specified areas. The following areas are specified for gear 
marking purposes: Northern Inshore State Trap/Pot Waters, CCB 
Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, 
Northern Nearshore Trap/Pot Waters Area, GSC Restricted Trap/Pot Area, 
GSC Restricted Gillnet Area, GSC Sliver Restricted Area, Southern 
Nearshore Trap/Pot Waters Area, Offshore Trap/Pot Waters Area, Other 
Northeast Gillnet Waters Area, Mid/South Atlantic Gillnet Waters Area, 
and Other Southeast Gillnet Waters Area.
    (3) Requirements for Shark Gillnet Gear in the Northern Monitoring 
and Restricted Area and Southern Monitoring Area. From November 15 
through March 31 of the following year, no person may fish with shark 
gillnet gear in the Northern Monitoring and Restricted Area and the 
Southern Monitoring Area unless that gear is marked in accordance with 
the gear marking codes specified under paragraphs (b)(3)(i)(A) and 
(b)(3)(i)(B) of this section. All buoy lines that are greater than 4 ft 
(1.22 m) long must be marked within 2 ft (0.6 m) of the top of the buoy 
line and midway along the length of the buoy line. Each net panel must 
be marked along both the float line and the lead line at least once 
every 100 yards (92.4 m), unless otherwise required by the Assistant 
Administrator under paragraph (h) of this section.
    (i) Color code. Shark gillnet gear in the Northern Monitoring and 
Restricted Area and Southern Monitoring Area must be marked with the 
appropriate color code to designate gear types and areas as follows:
    (A) Gear type code--Shark gillnet gear. Shark gillnet gear must be 
marked with a green marking.
    (B) Area code. Shark gillnet gear set in the Northern Monitoring 
and Restricted Area and Southern Monitoring Area must be marked with a 
blue marking.
    (ii) Markings. All shark gillnet gear in the Northern Monitoring 
and Restricted Area and Southern Monitoring Area must be marked with 
two color codes noted above, 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 paragraph (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). (A copy of a brochure illustrating the 
techniques for marking gear is available upon request to the Office of 
the Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930.)
    (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 paragraphs (b)(4)(i) and (b)(4)(ii) of this 
section, unless otherwise required by the Assistant Administrator under 
paragraph (h) of this section. For the purposes of the following gear 
marking requirements only, trap/pot gear set in the Northern Nearshore 
State Trap/Pot Waters Area, 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 Trap/Pot Waters Area specified in paragraph (b)(4)(i)(A) of 
this section. Trap/pot gear set in the GSC Restricted Trap/Pot Area 
shall comply with the requirements for the Offshore

[[Page 35922]]

Trap/Pot Waters Area specified in paragraph (b)(4)(i)(C) of this 
section. Similarly, anchored gillnet gear set in the CCB Restricted 
area, Stellwagen Bank/Jeffreys Ledge Restricted Area, GSC Restricted 
Gillnet Area, and GSC Sliver Restricted Area shall comply with the 
requirements for gillnet gear in the Other Northeast Gillnet Waters 
Area specified in paragraph (b)(4)(i)(D) of this section.
    (i) Color code. Specified gear must be marked with the appropriate 
colors to designate gear-types and areas as follows:
    (A) Trap/pot gear in the Northern Nearshore Trap/Pot Waters Area 
must be marked with a red marking.
    (B) Trap/pot gear in the Southern Nearshore Trap/Pot Waters Area 
must be marked with an orange marking.
    (C) Trap/pot gear in the Offshore Trap/Pot 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.
    (E) Gillnet gear in the Mid/South Atlantic Gillnet Waters Area must 
be marked with a blue marking.
    (F) Gillnet gear in the Other Southeast Gillnet Waters Area (except 
shark gillnet gear) must be marked with a yellow marking.
    (ii) Markings. All specified gear in specified areas must be marked 
with one color code (see paragraph (b)(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 every 10 fathoms (60 ft or 18.3 m) along 
the buoy line or in the center of the buoy line if it is 10 fathoms (60 
ft or 18.3 m) or less. (A copy of a brochure illustrating the 
techniques for marking gear is available upon request to the Office of 
the Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930.)
    (5) Buoy markings. Trap/pot and gillnet gear regulated under this 
section must mark all surface buoys to identify the vessel or fishery 
with one of the following: the owner's motorboat registration number, 
the owner's U.S. vessel documentation number, the federal commercial 
fishing permit number, or whatever positive identification marking is 
required by the vessel's home-port state. The letters and numbers used 
to mark the gear must be at least 1 inch (2.5 cm) in height in block 
letters or arabic numbers in a color that contrasts with the background 
color of the buoy. (A copy of a brochure illustrating the techniques 
for marking gear is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (6) Changes to requirements. If the Assistant Administrator revises 
the gear marking requirements in accordance with paragraph (h) of this 
section, the gear must be marked in compliance with those requirements.
    (c) Restrictions applicable to trap/pot gear in regulated waters--
(1) Universal trap/pot gear requirements. In addition to the area-
specific measures listed in paragraphs (c)(2) through (c)(8) of this 
section, all trap/pot gear in regulated waters, including the Northern 
Inshore State Trap/Pot Waters Area, must comply with the universal gear 
requirements listed here\1\. The Assistant Administrator may revise 
these requirements in accordance with paragraph (h) of this section.
---------------------------------------------------------------------------

    \1\ Fishermen 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 buoy line floating at the surface. No person may fish with 
trap/pot 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.
    (ii) No wet storage of gear. Trap/pot gear must be hauled out of 
the water at least once every 30 days.
    (2) Cape Cod Bay (CCB) 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 (h) of this section.
    (ii) Area-specific gear requirements during the winter restricted 
period. No person may fish with or have available for immediate use 
trap/pot 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 trap/pot 
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 (h) 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 this period in accordance 
with paragraph (h) of this section.
    (B) Weak links. All buoys, flotation devices and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The 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 NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (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) Buoy lines. All buoy lines must be comprised of sinking and/or 
neutrally buoyant 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) Groundlines. All groundlines must be comprised entirely of 
sinking and/or neutrally buoyant line. The attachment of buoys, 
toggles, or other floatation devices to groundlines comprised entirely 
of sinking and/or neutrally buoyant line is prohibited.
    (iii) Area-specific gear requirements during the other restricted 
period. No person may fish with or have available for immediate use 
trap/pot 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 trap/
pot 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 (h) of this section.

[[Page 35923]]

    (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 this period in accordance 
with paragraph (h) of this section.
    (B) Gear requirements--(1) State-water portion. No person may fish 
with or have available for immediate use trap/pot 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 Trap/Pot Waters Area listed in (c)(6) of this 
section. The Assistant Administrator may revise these requirements in 
accordance with paragraph (h) of this section.
    (2) Federal-water portion. No person may fish with or have 
available for immediate use trap/pot 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 Trap/Pot Waters Area in (c)(7) of this section. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (3) Great South Channel (GSC) Restricted Trap/Pot Area--
    (i) Area. The GSC Restricted 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 
(h) of this section.
    (ii) Closure during the spring restricted period--The spring 
restricted period for the GSC Restricted Trap/Pot Area is from April 1 
through June 30 of each year unless the Assistant Administrator revises 
this period in accordance with paragraph (h) of this section. During 
the spring restricted period, no person may fish with, set, or have 
available for immediate use trap/pot gear in this Area unless the 
Assistant Administrator specifies gear modifications or alternative 
fishing practices in accordance with paragraph (h) of this section and 
the gear or practices comply with those specifications.
    (iii) Area-specific gear requirements for the other restricted 
period. The other restricted period for the GSC Restricted Trap/Pot 
Area is July 1 through March 31, unless the Assistant Administrator 
revises this period in accordance with paragraph (h) of this section. 
During the other restricted period, no person may fish with or have 
available for immediate use trap/pot gear in the GSC Restricted Trap/
Pot Area unless that person's gear complies with the gear marking 
requirements in paragraph (b) of this section, the universal trap/pot 
gear requirements in (c)(1) of this section, and the area-specific 
requirements listed in paragraph (c)(5)(ii)(A) of this section for the 
Offshore Trap/Pot Waters Area or paragraph (c)(7)(ii)(A) of this 
section for the Northern Nearshore Lobster Waters Area, depending on 
the area of overlap. The Assistant Administrator may revise these 
requirements in accordance with paragraph (h) of this section.
    (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. and west of 70[deg]00' W. The Assistant Administrator may change 
that area in accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot 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 trap/pot gear requirements in (c)(1) of this section, and the 
requirements listed for the Northern Nearshore Trap/Pot Waters Area in 
(c)(7) of this section. The Assistant Administrator may revise these 
requirements in accordance with paragraph (h) of this section.
    (5) Offshore Trap/Pot \2\ Waters Area--(i) Area. The Offshore Trap/
Pot Waters Area includes all Federal waters of the EEZ Offshore 
Management Area 3 (including the area known as the Area 2/3 Overlap in 
the American Lobster Fishery regulations at 50 CFR 697.18 and the GSC 
Restricted Trap/Pot Area from July 1 through March 31) as defined in 
the American Lobster Fishery regulations at 50 CFR 697.18 and extending 
south along the 100 fathom (600 ft or 182.9 m) line from 35[deg]30' N. 
to 27[deg]51' N. and then out to the eastern boundary of the EEZ. From 
November 15 to April 15, the Offshore Trap/Pot Waters Area includes the 
area from the South Carolina/Georgia border south to 29[deg]00' N. and 
then out to the eastern boundary of the EEZ.
---------------------------------------------------------------------------

    \2\ Fishermen using red crab trap/pot gear should refer to Sec.  
229.32(c)(9) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear requirements. No person may fish 
with or have available for immediate use trap/pot gear in the Offshore 
Trap/Pot Waters Area unless that person's gear complies with the gear 
marking requirements in paragraph (b) of this section, the universal 
trap/pot 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 (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 1,500 lb 
(680.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundline. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line unless 
exempted from this requirement under paragraph (a)(4) of this section. 
The attachment of buoys, toggles, or other flotation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (iii) Seasonal area-specific gear requirements. From November 15 to 
April 15, no person may fish with or have available for immediate use 
trap/pot gear from the South Carolina/Georgia border to 29[deg]00' N. 
unless that person's gear complies with the gear marking requirements 
in paragraph (b) of this section, the universal trap/pot gear 
requirements in paragraph (c)(1) of this section, and the area-specific 
gear requirements in paragraphs (c)(5)(ii)(A) and (B) of this section. 
The Assistant Administrator may revise this period and these 
requirements in accordance with paragraph (h) of this section.
    (iv) Seasonal area-specific gear requirements. From December 1 to 
March 31, no person may fish with or have available for immediate use 
trap/pot gear from 29[deg]00' N. to 27[deg]51' N.

[[Page 35924]]

unless that person's gear complies with the gear marking requirements 
in paragraph (b) of this section, the universal trap/pot gear 
requirements in (c)(1) of this section, and the area-specific gear 
requirements in paragraphs (c)(5)(ii)(A) and (B) of this section. The 
Assistant Administrator may revise this time period and these 
requirements in accordance with paragraph (h) of this section.
    (6) Northern Inshore State Trap/Pot Waters Area--(i) Area. The 
Northern Inshore State Trap/Pot Waters Area includes the state waters 
of Rhode Island, Massachusetts, New Hampshire, and Maine but does not 
include waters exempted under (a)(3) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot gear in the Northern Inshore 
State Trap/Pot Waters Area unless that person's gear complies with the 
gear marking requirements in paragraph (b) of this section, the 
universal trap/pot gear requirements in (c)(1) of this section, and the 
gear requirements listed here. The Assistant Administrator may revise 
this requirement in accordance with paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 600 lb 
(272.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (7) Northern Nearshore Trap/Pot Waters Area--(i) Area. The Northern 
Nearshore Trap/Pot Waters Area includes all Federal waters of EEZ 
Nearshore Management Area 1, Area 2, and the Outer Cape Lobster 
Management Area as defined in the American Lobster Fishery regulations 
at 50 CFR 697.18, with the exception of the CCB Restricted Area and the 
Stellwagen Bank/Jeffreys Ledge Restricted Area. The Assistant 
Administrator may change this area in accordance with paragraph (h) of 
this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot gear in the Northern 
Nearshore Trap/Pot Waters Area unless that person's gear complies with 
the gear marking requirements in paragraph (b) of this section, the 
universal trap/pot 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 (h) of this section.
    (A) Weak Links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 600 lb 
(272.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line 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 four traps must have no more than one buoy 
line.
    (C) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (8) Southern Nearshore Trap/Pot Waters Area--(i) Area. The Southern 
Nearshore Trap/Pot Waters Area includes all state and Federal waters 
which fall within EEZ Nearshore Management Area 4, EEZ Nearshore 
Management Area 5, and EEZ Nearshore Management Area 6 (except for 
those waters exempted under paragraph (a)(3) of this section) as 
described in the American Lobster Fishery regulations in 50 CFR 697.18. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements for the restricted period--(A) 
Restricted period. The restricted period for Southern Nearshore Trap/
Pot Waters is year round unless the Assistant Administrator revises 
this period in accordance with paragraph (h) of this section.
    (B) Gear requirements. No person may fish with or have available 
for immediate use trap/pot gear in the Southern Nearshore Trap/Pot 
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 trap/pot gear requirements in paragraph 
(c)(1) of this section, and the following gear requirements for this 
area, which the Assistant Administrator may revise in accordance with 
paragraph (h) of this section:
    (1) Weak Links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (i) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (ii) The breaking strength of the weak links may not exceed 600 lb 
(272.4 kg).
    (iii) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the purpose 
of this provision.

[[Page 35925]]

    (2) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (9) Restrictions applicable to the red crab trap/pot fishery--(i) 
Area. The red crab trap/pot fishery is regulated in the waters 
identified in paragraphs (c)(5)(i) and (c)(8)(i) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use red crab trap/pot gear in the area 
identified in paragraph (c)(9)(i) of this section unless that person's 
gear complies with the gear marking requirements in (c)(1) of this 
section, the universal trap/pot gear requirements in (c)(1) of this 
section, and the gear requirements listed here. The Assistant 
Administrator revises these requirements in accordance with paragraph 
(h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 2,000 lb 
(907.2 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line unless 
exempted from this requirement under paragraph (a)(4) of this section. 
The attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in paragraphs (d)(2) through (d)(7) of this section, 
all anchored gillnet gear in regulated waters must comply with the 
universal gear requirements listed here \3\. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
---------------------------------------------------------------------------

    \3\ Fishermen 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 buoy 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, sinking and/or neutrally buoyant line must be used between these 
objects.
    (ii) No wet storage of gear. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (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 (h) 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 Assistant 
Administrator changes this period in accordance with paragraph (h) of 
this section.
    (B) Closure. During the winter restricted period, no person may 
fish with or have available for immediate use anchored gillnet gear in 
the CCB Restricted Area unless the Assistant Administrator specifies 
gear restrictions or alternative fishing practices in accordance with 
paragraph (h) of this section and the gear or practices comply with 
those specifications. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear 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 Assistant Administrator revises this period in accordance 
with paragraph (h) of this section.
    (B) No person may fish with or have available for immediate use 
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 paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area. The Assistant Administrator may revise these requirements 
in accordance with paragraph (h) 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 
paragraph (d)(4)(i) of this section. The Assistant Administrator may 
change this area in accordance with paragraph (h) 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 
Assistant Administrator revises this period in accordance with 
paragraph (h) of this section.
    (B) Closure. During the spring restricted period, no person may 
set, fish with or have available for immediate use anchored gillnet 
gear in the GSC Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (h) 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 Assistant Administrator revises this period in 
accordance with paragraph (h) of this section.
    (B) During the other restricted period, no person may fish with or 
have available for immediate use 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

[[Page 35926]]

this section, and the area-specific requirements listed in (d)(6)(ii) 
of this section for the Other Northeast Gillnet Waters Area. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) 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 Assistant Administrator may change this area in 
accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use anchored gillnet gear in the GSC 
Sliver Restricted 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 paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area. The Assistnat Administrator may revise these requirements 
in accordance with paragraph (h) 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. and west of 70[deg]00' W. The Assistant Administrator may change 
this area in accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use anchored gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted 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 Assistant Administrator may revise these requirements 
in accordance with paragraph (h) 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/South Atlantic Gillnet 
Waters Area, and exempted waters listed in (a)(3) of this section. The 
Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use 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 
paragraph (d)(1) of this section, and the area-specific requirements 
listed below. The Assistant Administrator may revise these requirements 
in accordance with paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to the buoy, flotation device, and/or 
weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (498.8 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (498.9 kg). The weak link requirements apply 
to all variations in panel size. Weak links must break cleanly at the 
bitter end of the buoy line and the bitter end of the buoy line must be 
free of any knots when the line breaks. Splices are not considered to 
be knots for the purposes of this provision. (A copy of a brochure 
illustrating the techniques for making weak links is available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930.)
    (1) For all variations in panel size, the following weak link 
requirements apply:
    (i) Weak links must be placed in the center of each of the up and 
down lines at both ends of the net panel; and
    (ii) One floatline weak link must be placed as close as possible to 
each end of the net panel where the floatline meets the up and down 
line.
    (2) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline.
    (3) For net panels of 50 fathoms (300 ft or 91.4 m) or greater in 
length, weak links must be placed at least every 25 fathoms (150 ft or 
45.7 m) along the floatline.
    (C) Anchoring system. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds through the use of a fluke, 
spade, plow, or pick) having the holdingcapacity equal to or greater 
than a 22 lb (10.0 kg) Danforth-style anchor. Dead weights do not meet 
this requirement.
    (D) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (7) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters Area consists of all U.S. waters bounded by the 
line defined by the following points: The southern shore of Long 
Island, NY, at 72[deg]30' W., then due south to 33[deg]51' N., and west 
to the North Carolina/South Carolina border, as defined in Sec.  229.2. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. From October 1 through April 
30, no person may fish with or have available for immediate use 
anchored gillnet gear in the Mid/South Atlantic 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 paragraph (d)(1) of this 
section, and the following area-specific requirements, which the 
Assistant Administrator may revise in accordance with paragraph (h) of 
this section:
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to the buoy, flotation device, and/or 
weight as operationally feasible and that meets the following 
specifications:

[[Page 35927]]

    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (498.8 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line 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 
that meet the following specifications (A copy of a brochure 
illustrating the techniques for making weak links is available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930):
    (1) Weak links must be placed in the center of the floatline of 
each net panel up to and including 50 fathoms (300 ft or 91.4 m), or at 
least every 25 fathoms (150 ft or 45.7 m) along the floatline for 
longer panels.
    (2) The breaking strength of each weak link must not exceed 1,100 
lb (498.8 kg).
    (C) Tending/anchoring/weak links. All gillnets must return to port 
with the vessel unless the gear meets the following specifications:
    (1) Anchoring system. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds through the use of a fluke, 
spade, plow, or pick) having the holding capacity equal to or greater 
than a 22 lb (10.0 kg) Danforth-style anchor. Dead weights do not meet 
this requirement.
    (2) Additional net panel weak links. The breaking strength of each 
weak link must not exceed 1,100 lb (498.9 kg). The weak link 
requirements apply to all variations in panel size. Weak links must 
break cleanly at the bitter end of the buoy line and the bitter end of 
the buoy line must be free of any knots when the line breaks. Splices 
are not considered to be knots for the purposes of this provision. (A 
copy of a brochure illustrating the techniques for making weak links is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (i) For all variations in panel size, the following weak link 
requirements apply: Weak links must be placed in the center of each of 
the up and down lines at both ends of the net panel, and one floatline 
weak link must be placed as close as possible to each end of the net 
panel where the floatline meets the up and down line.
    (ii) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline.
    (iii) For net panels of 50 fathoms (300 ft or 91.4 m) or greater in 
length, weak links must be placed at least every 25 fathoms (150 ft or 
45.7 m) along the floatline.
    (D) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (8) [Reserved]
    (e) Restrictions applicable to driftnet gear--(1) 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 this area in accordance with 
paragraph (h) 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 Assistant 
Administrator changes this period in accordance with paragraph (h) of 
this section.
    (B) Closure. During the winter restricted period, no person may 
fish with or have available for immediate use driftnet gear in the CCB 
Restricted Area unless the Assistant Administrator specifies gear 
restrictions or alternative fishing practices in accordance with 
paragraph (h) of this section and the gear or practices comply with 
those specifications. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear 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 Assistant Administrator changes this period in accordance 
with paragraph (h) of this section.
    (B) No person may fish with or have available for immediate use 
driftnet gear in the CCB Restricted Area during the other restricted 
period unless that gear contains weak links with a breaking strength no 
greater than 1,100 lb (498.9 kg) in the middle of each 50 fathom (300 
ft or 91.4 m) net panel, or every 25 fathoms (150 ft or 45.7 m) for 
longer net panels. (A copy of a brochure illustrating the techniques 
for making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.) 
In addition, no person may fish with or have available for immediate 
use driftnet gear at night in the CCB Restricted Area during the other 
restricted period unless that gear is tended. During that time, all 
driftnet gear set by that vessel in the CCB Restricted Area must be 
removed from the water and stowed on board the vessel before a vessel 
returns to port. The Assistant Administrator may revise these 
requirements in accordance with paragraph (h) of this section.
    (2) 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 
paragraph (e)(3)(i) of this section. The Assistant Administrator may 
change this area in accordance with paragraph (h) 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 
Assistant Administrator changes this period in accordance with 
paragraph (h) of this section.
    (B) Closure. During the spring restricted period, no person may 
set, fish with or have available for immediate use driftnet gear in the 
GSC Restricted Gillnet Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (h) of this section and the gear or practices 
comply with those specifications.
    (iii) Area-specific gear requirements for the other restricted 
period--(A)

[[Page 35928]]

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 Assistant Administrator changes this period in accordance 
with paragraph (h) of this section.
    (B) No person may fish with or have available for immediate use 
driftnet gear in the GSC Restricted Gillnet Area during the other 
restricted period unless that gear contains weak links with a breaking 
strength no greater than 1,100 lb (498.9 kg) in the middle of each 50 
fathom (300 ft or 91.4 m) net panel, or every 25 fathoms (150 ft or 
45.7 m) for longer net panels. (A copy of a brochure illustrating the 
techniques for making weak links is available upon request to the 
Office of the Regional Administrator, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930.) In addition, during the other restricted period, 
no person may fish with or have available for immediate use driftnet 
gear at night in the GSC Restricted Gillnet Area unless that gear is 
tended. During that time, all driftnet gear set by that vessel in the 
GSC Restricted Gillnet Area must be removed from the water and stowed 
on board the vessel before a vessel returns to port. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (3) 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 Assistant Administrator may change this area in 
accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use driftnet gear in the GSC Sliver 
Restricted Area during the other restricted period unless that gear 
contains weak links with a breaking strength no greater than 1,100 lb 
(498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. (A 
copy of a brochure illustrating the techniques for making weak links is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.) In addition, no person 
may fish with or have available for immediate use driftnet gear at 
night in the GSC Sliver Restricted Area unless that gear is tended. 
During that time, all driftnet gear set by that vessel in the GSC 
Sliver Restricted Area must be removed from the water and stowed on 
board the vessel before a vessel returns to port. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (4) 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/South Atlantic Gillnet 
Waters Area, and exempted waters listed in paragraph (a)(3) of this 
section. The Assistant Administrator may change this area in accordance 
with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use driftnet gear in the Other Northeast 
Gillnet Waters Area during the other restricted period unless that gear 
contains weak links with a breaking strength no greater than 1,100 lb 
(498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. (A 
copy of a brochure illustrating the techniques for making weak links is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.) In addition, no person 
may fish with or have available for immediate use driftnet gear at 
night in the Other Northeast Gillnet Waters Area unless that gear is 
tended. During that time, all driftnet gear set by that vessel in the 
Other Northeast Gillnet Waters Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) of this section.
    (5) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters Area consists of all U.S. waters bounded by the 
line defined by the following points: The southern shore of Long 
Island, NY, at 72[deg]30' W., then due south to 33[deg]51' N., and west 
to the North Carolina/South Carolina border, as defined in Sec.  229.2. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. From December 1 through March 
31, no person may fish with or have available for immediate use 
driftnet gear in the Mid/South Atlantic Gillnet Waters Area unless that 
gear contains weak links with a breaking strength no greater than 1,100 
lb (498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. (A 
copy of a brochure illustrating the techniques for making weak links is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.) In addition, from 
December 1 through March 31, no person may fish with or have available 
for immediate use driftnet gear at night in the Mid/South Atlantic 
Gillnet Waters Area unless that gear is tended. During that time, all 
driftnet gear set by that vessel in the Mid/South Atlantic Gillnet 
Waters Area must be removed from the water and stowed on board the 
vessel before a vessel returns to port. The Assistant Administrator may 
revise these requirements in accordance with paragraph (h) of this 
section.
    (f) Restrictions applicable to southeast Atlantic gillnet gear--(1) 
Other Southeast Gillnet Waters Area--(i) Other southeast gillnet waters 
area. From November 15 through April 15, the Other Southeast Gillnet 
Waters consists of the area from the South Carolina/Georgia border 
south to 29[deg]00[min] N. (near Cape Canaveral, FL), extending from 
the shore out to the eastern boundary of the EEZ, unless the Assistant 
Administrator changes that area in accordance with paragraph (h) of 
this section. From December 1 through March 31, the Other Southeast 
Gillnet Waters consists of the area from the South Carolina/Georgia 
border south to 27[deg]51[min] N., extending from the shore out to the 
eastern boundary of the EEZ, unless the Assistant Administrator changes 
that area in accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. For all gillnets, except for 
shark gillnets as defined in 229.2 of this section, no person may fish 
with or have available for immediate use anchored gillnet gear in the 
Other Southeast 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 
paragraph (d)(1) of this section, and the area-specific requirements 
specified in paragraph (d)(7)(ii) of this section, which the Assistant 
Administrator may revise in accordance with paragraph (h) of this 
section.
    (iii) Restrictions for straight sets. Except as provided for shark 
gillnet gear under paragraph (g) of this section, no person may fish 
with or have available for immediate use a straight set of gillnet gear 
at night in the Other Southeast Gillnet Waters Area during the 
restricted period.

[[Page 35929]]

    (2) [Reserved]
    (g) Restrictions applicable to southeast Atlantic shark gillnet 
gear--(1) Management areas and restricted periods--(i) Northern 
Monitoring and Restricted Area. From November 15 through April 15, the 
Northern Monitoring and Restricted Area consists of the area from the 
South Carolina/Georgia border south to 29[deg]00[min] N. (near Cape 
Canaveral, FL), extending from the shore out to the eastern boundary of 
the EEZ, unless the Assistant Administrator changes this area in 
accordance with paragraph (h) of this section. From December 1 through 
March 31, the Northern Monitoring and Restricted Area consists of the 
area from the South Carolina/Georgia border south to 27[deg]51[min] N., 
extending from the shore out to the eastern boundary of the EEZ, unless 
the Assistant Administrator changes this area in accordance with 
paragraph (h) of this section.
    (ii) Southern Monitoring Area. From December 1 through March 31, 
the Southern Monitoring Area consists of the area from 27[deg]51[min] 
N. south to 26[deg]46.5[min] N. (near West Palm Beach, FL) and 
extending from the shore out to the eastern boundary of the EEZ, unless 
the Assistant Administrator changes that area in accordance with 
paragraph (h) of this section.
    (iii) Area-specific gear requirements. For all shark gillnets, no 
person may fish with or have available for immediate use shark gillnet 
gear in the Northern Monitoring and Restricted Area or Southern 
Monitoring Area unless that person's gear complies with the gear 
marking requirements specified in paragraph (b)(3) of this section, and 
the vessel monitoring system requirements specified in paragraphs 
(g)(3) and (g)(4) of this section.
    (2) [Reserved]
    (3) Vessel monitoring systems. (i) Applicability. No person may 
fish with or have available for immediate use shark gillnet gear in the 
Northern Monitoring and Restricted Area or the Southern Monitoring Area 
during the restricted period unless the operator of the vessel is in 
compliance with the vessel monitoring system (VMS) requirements found 
in 50 CFR 635.69. NMFS retains the authority to request that an 
observer be taken on board a vessel during a fishing trip at any time 
during the restricted period. If NMFS requests that an observer be 
taken on board a vessel, no person may fish with or have available for 
immediate use shark gillnet gear aboard that vessel in the Northern 
Monitoring and Restricted Area or Southern Monitoring Area unless an 
observer is on board that vessel during the trip.
    (ii) [Reserved]
    (4) At-sea observer coverage. (i) Applicability. NMFS may select 
any shark gillnet vessel regulated under Sec.  229.32 to carry an 
observer. When selected, vessels are required to take observers on a 
mandatory basis in compliance with the requirements for at-sea observer 
coverage found in 50 CFR 229.7.
    (ii) [Reserved]
    (5) Closure for shark gillnet gear. Except as provided for 
strikenets under paragraph (g)(5)(i) of this section, no person may 
fish with or have available for immediate use shark gillnet gear in the 
Northern Monitoring and Restricted Area or the Southern Monitoring Area 
during the restricted period.
    (i) Special provision for strikenets. Fishing for sharks with 
strikenet gear is exempt from the restrictions under paragraphs (g)(5) 
of this section if:
    (A) No nets are set at night or when visibility is less than 500 
yards (460 m);
    (B) Each set is made under the observation of a spotter plane;
    (C) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale; and
    (D) If a right, humpback, or fin whale moves within 3 nautical 
miles (5.6 km) of the set gear, the gear is removed immediately from 
the water.
    (ii) [Reserved]
    (h) Other provisions. In addition to any other emergency authority 
under the Marine Mammal Protection Act, the Endangered Species Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, or other 
appropriate authority, the Assistant Administrator may take action 
under this section in the following situations:
    (1) Entanglements in critical habitat. If a serious injury or 
mortality of a right whale occurs in the Cape Cod Bay Restricted Area 
from January 1 through May 15, in the Great South Channel Restricted 
Area from April 1 through June 30, or in the Northern Monitoring and 
Restricted Area and the Southern Monitoring Area from November 15 
through March 31 as a result of an entanglement by trap/pot or gillnet 
gear allowed to be used in those areas and times, the Assistant 
Administrator shall close that area to that gear type for the rest of 
that time period and for that same time period in each subsequent year, 
unless the Assistant Administrator changes the time periods in 
accordance with paragraph (h)(2) of this section or unless other 
measures are implemented under paragraph (h)(2).
    (2) Other special measures. The Assistant Administrator may revise 
the requirements of this section through a publication in the Federal 
Register if:
    (i) NMFS verifies that certain gear characteristics are both 
operationally effective and reduce serious injuries and mortalities of 
endangered whales;
    (ii) New gear technology is developed and determined to be 
appropriate;
    (iii) Revised breaking strengths are determined to be appropriate;
    (iv) New marking systems are developed and determined to be 
appropriate;
    (v) NMFS determines that right whales are remaining longer than 
expected in a closed area or have left earlier than expected;
    (vi) NMFS determines that the boundaries of a closed area are not 
appropriate;
    (vii) Gear testing operations are considered appropriate; or
    (viii) Similar situations occur.
    (3) Until January 1, 2008, for the purpose of reducing the risk of 
fishery interactions with right whales, NMFS may establish a temporary 
Dynamic Area Management (DAM) zone in the following manner:
    (i) Trigger. Upon receipt of a single reliable report from a 
qualified individual of three or more right whales within an area NMFS 
will plot each individual sighting (event) and draw a circle with a 
2.8-nm (5.2-km) radius around it, which will be adjusted for the number 
of right whales sighted such that a density of at least 0.04 right 
whales per nm2 (1.85 km\2\) is maintained within the circle. If any 
circle or group of contiguous circles includes 3 or more right whales, 
NMFS would consider this core area and its surrounding waters a 
candidate DAM zone.
    (ii) DAM zone. Areas for consideration for DAM zones are limited to 
areas north of 40[deg]N. Having identified any circle or group of 
contiguous circles including 3 or more right whales as candidates for 
protection, as identified in paragraph (h)(3)(i) of this section, NMFS 
will determine the extent of the DAM zone as follows:
    (A) A larger circular zone will be drawn to extend 15 nm (27.8 km) 
from the perimeter of a circle around each core area.
    (B) The DAM zone will then be defined by a polygon drawn outside 
but tangential to the circular buffer zone(s). The latitudinal and 
longitudinal coordinates of the corners of the polygon will then be 
identified.
    (iii) Requirements and prohibitions within DAM zones. Notice of 
specific area restrictions will be published in the Federal Register 
and will become effective 2 days after publication. Gear not in 
compliance with the imposed

[[Page 35930]]

restrictions may not be set in the DAM zone after the effective date. 
NMFS may:
    (A) require owners of gillnet and trap/pot gear set within the DAM 
zone to remove all such gear within 2 days after notice is published in 
the Federal Register,
    (B) Allow fishing within a DAM zone with anchored gillnet and trap/
pot gear, provided such gear satisfies the requirements specified in 
paragraphs (h)(4)(i)(B)(1) and (h)(4)(i)(B)(2) of this section, except 
that a second buoy line and a section of floating line in the bottom 
portion of each line not to exceed one-third the overall length of the 
buoy line are allowed within a DAM zone. These requirements are in 
addition to requirements found in Sec.  229.32(b) through (d) but 
supersede them when the requirements in paragraphs (h)(4)(i)(B)(1) and 
(h)(4)(i)(B)(2) of this section, with the exception that a second buoy 
line and a section of floating line in the bottom portion of each line 
not to exceed one-third the overall length of the buoy line are allowed 
within a DAM zone, are more restrictive than those in Sec.  229.32(b) 
through (d). Requirements for anchored gillnet gear in Other Northeast 
Gillnet Waters are as specified in paragraphs (h)(4)(i)(B)(1) of this 
section, except that a second buoy line and a section of floating line 
in the bottom portion of each line not to exceed one-third the overall 
length of the buoy line are allowed within a DAM zone. Requirements for 
trap/pot gear in Offshore Trap/Pot Waters, Northern Nearshore Trap/Pot 
Waters and Northern Inshore State Trap/Pot Waters are as specified in 
paragraph (g)(4)(i)(B)(2) of this section, except that a second buoy 
line and a section of floating line in the bottom portion of each line 
not to exceed one-third the overall length of the buoy line are allowed 
within a DAM zone. Requirements for anchored gillnet gear in Cape Cod 
Bay Restricted Area (May 16 through December 31), Stellwagen Bank/
Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet 
Area (July 1 through March 31), Great South Channel Sliver Restricted 
Area (July 1 through March 31), and Mid/South Atlantic Gillnet Waters 
are the same as requirements for Other Northeast Gillnet Waters. 
Requirements for trap/pot gear in Southern Nearshore Trap/Pot 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 Trap/Pot Waters and Northern 
Inshore State Trap/Pot Waters. Requirements for trap/pot gear in the 
Great South Channel Restricted Trap/Pot Area (July 1 through March 31) 
are the same as requirements for Offshore Trap/Pot Waters.
    (C) Issue an alert to fishermen using appropriate media to inform 
them of the fact that right whale density in a certain area has 
triggered a DAM zone. In the alert, NMFS will provide detailed 
information on the location of the DAM zone and the number of animals 
sighted within it. Furthermore, NMFS will request that fishermen 
voluntarily remove trap/pot and anchored gillnet gear from the DAM zone 
and ask that no additional gear be set inside it for 15 days or until 
NMFS rescinds the alert.
    (D) The determination of whether restrictions will be imposed 
within a DAM zone would be based on NMFS' review of a variety of 
factors, including but not limited to: The location of the DAM zone 
with respect to other fishery closure areas, weather conditions as they 
relate to the safety of human life at sea, the type and amount of gear 
already present in the area, and a review of recent right whale 
entanglement and mortality data.
    (iv) Restricted period. Any DAM zone will remain in effect for a 
minimum period of 15 days. At the conclusion of the 15-day period, the 
DAM zone will expire automatically unless it is extended by subsequent 
publication in the Federal Register.
    (v) Extensions of the restricted period. Any 15-day period may be 
extended if NMFS determines that the trigger established in paragraph 
(h)(3)(i) of this section continues to be met.
    (vi) Reopening of restricted zone. NMFS may remove any gear 
restriction or prohibition and reopen the DAM zone prior to its 
automatic expiration if there are no confirmed sightings of right 
whales for at least 1 week, or other credible evidence indicates that 
right whales have left the DAM zone. NMFS will notify the public of the 
reopening of a DAM zone prior to the expiration of the 15-day period by 
issuing a document in the Federal Register and through other 
appropriate media.
    (4) Seasonal Area Management (SAM) Program. Until January 1, 2008, 
in addition to existing requirements for vessels deploying anchored 
gillnet or trap/pot gear in the Other Northeast Gillnet Waters, 
Northern Inshore State Trap/Pot Waters, Northern Nearshore Trap/Pot 
Waters, Offshore Trap/Pot Waters, and Stellwagen Bank/Jeffreys Ledge 
Restricted Area found at Sec.  229.32(b)-(d), a vessel may fish in the 
SAM Areas as described in paragraphs (h)(4)(i)(A) and (h)(4)(ii)(A) of 
this section, which overlay the previously mentioned areas, provided 
the vessel complies with the gear requirements specified in paragraphs 
(h)(4)(i)(B) and (h)(4)(ii)(B) of this section during the times 
specified in those paragraphs. The gear requirements in paragraphs 
(h)(4)(i)(B) and (h)(4)(ii)(B) of this section supercede requirements 
found at Sec.  229.32(b)-(d) when the former are more restrictive than 
the latter. Copies of a chart depicting these areas are available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930.
    (i) SAM West. (A) Area. SAM West consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM West
------------------------------------------------------------------------
             Point                     N. lat.             W. long.
------------------------------------------------------------------------
SAM1...........................  42[deg]04.8'         70[deg]10'
SAM2...........................  42[deg]12'           70[deg]15'
SAM3...........................  42[deg]30'           70[deg]15'
SAM4...........................  42[deg]30'           69[deg]24'
SAM5...........................  41[deg]48.9'         69[deg]24'
SAM6...........................  41[deg]45'           69[deg]33'
SAM7...........................  41[deg]45'           69[deg]55.8'
------------------------------------------------------------------------

    (B) Gear requirements. Unless otherwise authorized by the Assistant 
Administrator, in accordance with paragraph (h)(2) of this section, 
from March 1 through April 30, no person may fish with or have 
available for immediate use anchored gillnet or trap/pot gear in SAM 
West unless that person's gear complies with the following gear 
characteristics:
    (1) Anchored gillnet gear. (i) Groundlines and Buoy lines--All 
groundlines and buoy lines must be made entirely of sinking and/or 
neutrally buoyant line. Floating groundlines and buoy lines are 
prohibited. The attachment of buoys, toggles, or other floatation 
devices to groundlines comprised entirely of sinking and/or neutrally 
buoyant line is prohibited.
    (ii) Weak links--All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, are attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible that has a maximum breaking 
strength of up to 1,100 lb (498.9 kg). The weak link must be chosen 
from the following list of combinations approved by NMFS: Swivels, 
plastic weak links, rope of appropriate breaking strength, hog rings, 
rope stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator. Weak links must break cleanly 
at the bitter end of the buoy line and the bitter end of the buoy line 
must be free of any knots when the line

[[Page 35931]]

breaks. Splices are not considered to be knots for the purposes of this 
provision. (A copy of a brochure illustrating the techniques for making 
weak links is available upon request to the Office of the Regional 
Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (iii) Net panel weak link--Each net panel must have a total of five 
weak links. The breaking strength of each of these weak links must not 
exceed 1,100 lb (498.9 kg). The weak link requirements apply to all 
variations in panel size. Three of the five weak links must be located 
on the floatline. One floatline weak link must be placed at the center 
of the net panel, and two weak links must be placed as close as 
possible to each of the bridle ends of the net panel. The remaining two 
of the five weak links must be placed in the center of each of the up 
and down lines at either end of each panel. Weak links must break 
cleanly at the bitter end of the buoy line and the bitter end of the 
buoy line must be free of any knots when the line breaks. Splices are 
not considered to be knots for the purposes of this provision. (A copy 
of a brochure illustrating the techniques for making weak links is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (iv) Buoy line--No more than one buoy line per net string may be 
used, and it must be deployed at the northern or western end of the 
gillnet string depending on the direction of the set.
    (v) Gillnet anchor--All anchored gillnets, regardless of the number 
of net panels, must be secured at each end of the net string with a 
burying anchor (an anchor that holds through the use of a fluke, spade, 
plow, or pick) having the holding capacity equal to or greater than a 
22 lb (10.0 kg) Danforth-style anchor. Dead weights do not meet this 
requirement.
    (2) Trap/pot gear. (i) Groundlines and Buoy lines. All groundlines 
and buoy lines must be made entirely of sinking and/or neutrally 
buoyant line. Floating ground lines and buoy lines are prohibited. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (ii) Northern Inshore State Trap/Pot Waters and Northern Nearshore 
Trap/Pot Waters Areas weak links. All flotation devices or weights must 
be attached to the buoy line with a weak link placed as close to the 
buoy as operationally feasible that has a maximum breaking strength of 
up to 600 lb (272.4 kg). The weak link must be chosen from the 
following list of combinations approved by NMFS: Swivels, plastic weak 
links, rope of appropriate breaking strength, hog rings, rope stapled 
to a buoy stick, or other materials or devices approved in writing by 
the Assistant Administrator. Weak links must break cleanly at the 
bitter end of the buoy line and the bitter end of the buoy line must be 
free of any knots when the line breaks. Splices are not considered to 
be knots for the purposes of this provision. (A copy of a brochure 
illustrating the techniques for making weak links is available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930.)
    (iii) Offshore Trap/Pot Waters Area weak links--All flotation 
devices or weights must be attached to the buoy line with a weak link 
placed as close to the buoy as operationally feasible that has a 
maximum breaking strength of up to 1,500 lb (680.4 kg). The weak link 
must be chosen from the following list of combinations approved by 
NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. Weak 
links must break cleanly at the bitter end of the buoy line and the 
bitter end of the buoy line must be free of any knots when the line 
breaks. Splices are not considered to be knots for the purposes of this 
provision. (A copy of a brochure illustrating the techniques for making 
weak links is available upon request to the Office of the Regional 
Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (iv) Buoy line--No more than one buoy line per trawl is allowed. 
The buoy line must be attached to the northern or western end of the 
trawl string depending on the direction of the set. These requirements 
supersede the requirements found at Sec.  697.21, which require one 
radar reflector at each end of a trawl with more than three traps.
    (ii) SAM East. (A) Area. SAM East consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM East
------------------------------------------------------------------------
             Point                     N. lat.             W. long.
------------------------------------------------------------------------
SAM5...........................  41[deg]48.9'         69[deg]24'
SAM4...........................  42[deg]30'           69[deg]24'
SAM8...........................  42[deg]30'           67[deg]26'
SAM9...........................  41[deg]45'           66[deg]50'
SAM10..........................  41[deg]45'           68[deg]17'
SAM11..........................  42[deg]10'           68[deg]31'
------------------------------------------------------------------------

    (B) Gear requirements. Unless otherwise authorized by the Assistant 
Administrator, in accordance with paragraph (h)(2) of this section, 
from May 1 through July 31, no person may fish with anchored gillnet or 
trap/pot gear in SAM East unless that person's gear complies with the 
gear characteristics found at paragraph (h)(4)(i)(B) of this section.

    Note to Sec.  229.32: Additional regulations that affect fishing 
with lobster trap gear have also been issued under authority of the 
Atlantic Coastal Fisheries Cooperative Management Act in part 697 of 
this title.

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for 50 CFR part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    2. In Sec.  635.69, paragraph (a)(3) is revised to read as follows:


Sec.  635.69  Vessel monitoring systems.

    (a) * * *
    (3) Whenever a vessel, issued a directed shark LAP, is away from 
port with a gillnet on board during the right whale calving season 
specified in the regulations implementing the Atlantic Large Whale Take 
Reduction Plan Regulations in Sec.  229.32 of this title.
* * * * *

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for 50 CFR part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  648.264, paragraph (a)(6)(i) is revised to read as 
follows:


Sec.  648.264  Gear requirements/restrictions.

    (a) * * *
    (6) Additional gear requirements. (i) Vessels must comply with the 
gear regulations found at Sec.  229.32 of this title.
* * * * *
    For the reasons set out in the preamble, 50 CFR parts 229, 635 and 
648 are proposed to be amended to read as follows to implement 
Alternative 6 (Preferred):

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

    1. The authority citation for 50 CFR part 229 continues to read as 
follows:

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

    2. In Sec.  229.2, the definitions of ``Lobster trap'' and 
``Lobster trap trawl'' are removed. The definitions of ``Anchored 
gillnet'', ``Gillnet'',

[[Page 35932]]

``Groundline'', ``Shark gillnet or shark gillnetting'', ``Sinking 
line'', and ``Strikenet or to fish with strikenet gear'' are revised in 
alphabetical order to read as follows below. The definitions of 
``Bitter end'', ``Bottom portion of line'', ``Neutrally buoyant line'', 
``Straight set or to fish with gillnet gear in a straight set'', 
``Sunrise'', ``Sunset'', ``Trap/Pot'', and ``Trap trawl'' are added in 
alphabetical order to read as follows:


Sec.  229.2  Definitions.

* * * * *
    Anchored gillnet means any gillnet gear, including an anchored 
float gillnet, sink gillnet or stab net, that is set anywhere in the 
water column and which is anchored, secured, or weighted to the bottom 
of the sea. Also called a set gillnet.
* * * * *
    Bitter end means the loose end of a line that has detached from a 
weak link.
* * * * *
    Bottom portion of the line means, for buoy lines, the portion of 
the line in the water column that is closest to the fishing gear.
* * * * *
    Gillnet means fishing gear consisting of a wall of webbing (meshes) 
or nets, designed or configured so that the webbing (meshes) or nets 
are placed in the water column, usually held approximately vertically, 
and are designed to capture fish by entanglement, gilling, or wedging. 
The term ``gillnet'' includes gillnets of all types, including but not 
limited to sink gillnets, other anchored gillnets (e.g., anchored float 
gillnets, stab, and set nets), and drift gillnets. Gillnets may or may 
not be attached to a vessel.
    Groundline, with reference to trap/pot gear, means a line 
connecting traps in a trap trawl, and, with reference to gillnet gear, 
means a line connecting a gillnet or gillnet bridle to an anchor or 
buoy line.
* * * * *
    Neutrally buoyant line means, for both groundlines and buoy lines, 
line that has a specific gravity of 1.030 or greater, and, for 
groundlines only, does not float at any point in the water column (See 
also Sinking line).
* * * * *
    Shark gillnet or shark gillnetting means a gillnet with webbing of 
5 inches or greater stretched mesh that is fished in the waters south 
of the South Carolina/Georgia border, or to fish with such a gillnet in 
those waters.
* * * * *
    Sinking line means, for both groundlines and buoy lines, line that 
has a specific gravity of 1.030 or greater, and, for groundlines only, 
does not float at any point in the water column (See also Neutrally 
buoyant line).
* * * * *
    Straight set or to fish with gillnet gear in a straight set means a 
set in which the gillnet is placed in a line in the water column, as 
opposed to a circular set in which the gillnet is placed to encircle an 
area in the water column (not Strikenet).
* * * * *
    Strikenet or to fish with strikenet gear means a method or 
technique of net deployment which is intended to encircle or enclose an 
area of water either with the net or by utilizing the shoreline to 
complete the encirclement (not Straight set).
    Sunrise means the time of sunrise as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
    Sunset means the time of sunset as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
* * * * *
    Trap/Pot means any structure or other device, other than a net or 
longline, that is placed, or designed to be placed, on the ocean bottom 
and is designed for or is capable of, catching lobster, crab (red, 
Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, 
cod, haddock, pollock, redfish (ocean perch), and white hake), conch/
whelk, and shrimp.
    Trap trawl means two or more trap/pots attached to a single 
groundline.
* * * * *
    3. In section 229.3, paragraphs (h) through (l) are revised to read 
as follows:


Sec.  229.3  Prohibitions.

* * * * *
    (h) It is prohibited to fish with or have available for immediate 
use trap/pot gear in the areas and for the times specified in Sec.  
229.32(b)(2) and (c)(2) through (c)(8) unless the trap/pot 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 or have available for immediate 
use 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 or have available for immediate 
use 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 or have available for immediate 
use southeast Atlantic gillnet gear in the areas and for the times 
specified in Sec.  229.32(f)(1)(i) unless the gillnet gear complies 
with the requirements specified in Sec.  229.32(f)(1)(ii) and 
(f)(1)(iii).
    (l) It is prohibited to fish with or have available for immediate 
use shark gillnet gear in the areas and for the times specified in 
Sec.  229.32(b)(2), (g)(1)(i), and (g)(1)(ii) unless the gear complies 
with the closures, marking requirements, modifications, and 
restrictions specified in Sec.  229.32(b)(3)(i), (b)(3)(ii), and (g)(2) 
through (g)(3)(iii)(D).
* * * * *
    4. In Sec.  229.32, paragraphs (a) through (g) are revised to read 
as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

    (a)(1) Purpose and scope. The purpose of this section is to 
implement the Atlantic Large Whale Take Reduction Plan to reduce 
incidental bycatch of fin, humpback, and right whales in specific 
commercial fisheries from Maine to Florida. The gear types affected by 
this plan include anchored gillnets, traps/pots, drift gillnets, and 
shark gillnets (including strikenets).
    (2) Definitions. Unless otherwise noted, in this Sec.  229.32: 
Night means, with reference to the regulated waters of Georgia and 
Florida, any time between one half hour before sunset and one half hour 
after sunrise.
    (3) Regulated waters. The regulations in this section apply to all 
U.S. waters except for the areas exempted in paragraphs (a)(3) and 
(a)(4) of this section.
    (4) Exempted waters. (i) The regulations in this section do not 
apply to waters landward of the 72 COLREGS demarcation lines 
(International Regulations for Preventing Collisions at Sea, 1972), as 
depicted or noted on nautical charts published by the National Oceanic 
and Atmospheric Administration (Coast Charts 1:80,000 scale), and as 
described in 33 CFR Part 80 with the exception of the waters landward 
of the following lines:

42[deg]20.665' N., 70[deg]57.205' W. TO 42[deg]20.009' N., 
70[deg]55.803' W. and
42[deg]19.548' N., 70[deg]55.436' W. TO 42[deg]18.599' N., 
70[deg]52.961' W. (Boston Harbor)
41[deg]11.40' N., 72[deg]09.70' W. TO 41[deg]04.50' N., 71[deg]51.60' 
W. (Gardiners Bay)

    (ii) Other exempted waters. Where the 72 COLREGS demarcation lines 
do not

[[Page 35933]]

exist, the regulations in this section do not apply to the waters 
landward of the Territorial sea baseline, where appropriate, in Maine 
(as depicted or noted on nautical charts published by the National 
Oceanic and Atmospheric
    Administration (Coast Charts 1:80,000 scale), and as described in 
33 CFR 2.20) or landward of the following lines:

Maine

44[deg]49.863' N., 66[deg]55.664' W. TO 44[deg]48.924' N., 
66[deg]57.01' W. (Quoddy Narrows, U.S./Canada border)
44[deg]45.682' N., 67[deg]02.936' W. TO 44[deg]44.696' N., 
67[deg]04.374' W. (Baileys Mistake and Haycock Harbor)
44[deg]44.446' N., 67[deg]04.858' W. TO 44[deg]43.843' N., 
67[deg]05.909' W. (Moose Cove)

Territorial Sea Baseline (Little River)

    A line connecting the points (Little Machias Bay, Cross Island 
Narrows, Machias Bay, Englishman Bay, Chandler Bay, and Eastern Bay):

44[deg]38.14' N., 67[deg]13.788' W. (Great Head)
44[deg]37.679' N., 67[deg]15.424' W. (Cape Wash)
44[deg]36.659' N., 67[deg]16.205' W. (Scotch Island)
44[deg]36.236' N., 67[deg]16.857' W. (Spruce Point)
44[deg]35.071' N., 67[deg]21.177' W. (Libby Islands)
44[deg]33.369' N., 67[deg]29.787' W. (Great Spruce Island)
44[deg]31.908' N., 67[deg]31.842' W. (Mark Island)
44[deg]30.637' N., 67[deg]31.431' W. (Head Harbor Island)

    A line connecting the points (Eastern Bay):

44[deg]29.521' N., 67[deg]30.935' W. (Black Head)
44[deg]28.5' N., 67[deg]31.878' W. (Moose Peak)
44[deg]27.332' N., 67[deg]34.15' W. (Little Pond Head)

    A line connecting the points (Moosabec Reach and Wahoa Bay):

44[deg]29.945' N., 67[deg]36.228' W. (The Flying Place)
44[deg]30.196' N., 67[deg]36.832' W. (Beals Island)
44[deg]30.334' N., 67[deg]38.573' W. (Norton Island)
44[deg]29.729' N., 67[deg]42.609' W. (Tibbett Island)
44[deg]29.824' N., 67[deg]44.107' W. (Cape Split)

Territorial Sea Baseline (Pleasant Bay, Narraguagus Bay, and Pigeon 
Hill Bay)

    A line connecting the points (Dyer Bay, Gouldsboro Bay, Prospect 
Harbor, and Schoodic Harbor):

44[deg]23.69' N., 67[deg]53.951' W. (Petit Manan Point)
44[deg]23.113' N., 67[deg]58.853' W. (Cranberry Point)
44[deg]21.416' N., 68[deg]01.556' W. (Spruce Point)
44[deg]20.131' N., 68[deg]02.782' W. (Schoodic Head)

Territorial Sea Baseline (Frenchman Bay)

    A line connecting the points (Blue Hill Bay and Penobscot Bay):

44[deg]18.431' N., 68[deg]11.337' W. (Otter Point, Mount Desert Island)
44[deg]14.504' N., 68[deg]11.040' W. (Baker's Island)
44[deg]06.00' N., 68[deg]20.07' W. (Rich's Head, Long Island)
43[deg]59.36' N., 68[deg]37.95' W. (Roaring Bull Ledge, Isle au Haut)
43[deg]59.83' N., 68[deg]50.06' W. (South Vinalhaven Island)
43[deg]56.72' N., 69[deg]04.89' W. (Two Bush Channel)
43[deg]54.903' N., 69[deg]13.175' W. (Mosquito Island)
43[deg]55.074' N., 69[deg]15.579' W. (Marshall Point, Port Clyde)

Territorial Sea Baseline (Johns Bay and Muscongus Bay)

    A line connecting the points (Sheepscot Bay and Booth Bay):

43[deg]48.872' N., 69[deg]35.465' W. (Linekin Neck)
43[deg]48.206' N., 69[deg]35.913' W. (Ram Island)
43[deg]47.233' N., 69[deg]39.209' W. (Cape Newagen)
43[deg]47.168' N., 69[deg]39.621' W. (Cape Newagen)
43[deg]46.947' N., 69[deg]43.097' W. (Outer Head)
43[deg]44.658' N., 69[deg]45.288' W. (Salter Island)
43[deg]42.056' N., 69[deg]50.185' W. (Small Point, Cape Small)
43[deg]42.298' N., 69[deg]51.23' W. (Bald Head, Cape Small)

Territorial Sea Baseline (Saco Bay)

43[deg]23.963' N., 70[deg]23.882' W. TO 43[deg]22.401' N., 
70[deg]25.296' W. (Goosefare Bay)
43[deg]22.198' N., 70[deg]25.065' W. TO 43[deg]21.823' N., 
70[deg]24.977' W. (Stage Island Harbor)
43[deg]21.663' N., 70[deg]24.977' W. TO 43[deg]13.267' N., 
70[deg]34.542' W. (body of water between Cape Porpoise and Bald Head 
Cliff)
43[deg]11.176' N., 70[deg]35.867' W. TO 43[deg]10.984' N., 
70[deg]36.161' W. (Cape Neddick Harbor)
43[deg]08.115' N., 70[deg]37.434' W. TO 43[deg]07.56' N., 
70[deg]38.049' W. (York Harbor)
43[deg]06.104' N., 70[deg]39.037' W. TO 43[deg]05.574' N., 
70[deg]39.369' W. (Brave Boat Harbor)

New Hampshire

42[deg]53.691' N., 70[deg]48.516' W. TO 42[deg]53.516' N., 
70[deg]48.748' W. (Hampton Harbor)
42[deg]59.986' N., 70[deg]44.654' W. TO 42[deg]59.956' N., 
70[deg]44.737' W. (Rye Harbor)

Massachusetts

42[deg]49.136' N., 70[deg]48.242' W. TO 42[deg]48.964' N., 
70[deg]48.282' W. (Newburyport Harbor)
42[deg]42.145' N., 70[deg]46.995' W. TO 42[deg]41.523' N., 
70[deg]47.356' W. (Plum Island Sound)
42[deg]40.266' N., 70[deg]43.838' W. TO 42[deg]39.778' N., 
70[deg]43.142' W. (Essex Bay)
42[deg]39.645' N., 70[deg]36.715' W. TO 42[deg]39.613' N., 
70[deg]36.60' W. (Rockport Harbor)
42[deg]15.203' N., 70[deg]46.324' W. TO 42[deg]15.214' N., 
70[deg]47.352' W. (Cohasset Harbor)
42[deg]12.09' N., 70[deg]42.98' W. TO 42[deg]12.211' N., 70[deg]43.002' 
W. (Scituate Harbor)
42[deg]09.724' N., 70[deg]42.378' W. TO 42[deg]10.085' N., 
70[deg]42.875' W. (New Inlet)
42[deg]04.64' N., 70[deg]38.587' W. TO 42[deg]04.583' N., 
70[deg]38.631' W. (Green Harbor)
41[deg]59.686' N., 70[deg]37.948' W. TO 41[deg]58.75' N., 
70[deg]39.052' W. (Duxbury Bay/Plymouth Harbor)
41[deg]50.395' N., 70[deg]31.943' W. TO 41[deg]50.369' N., 
70[deg]32.145' W. (Ellisville Harbor)
41[deg]45.53' N., 70[deg]09.387' W. TO 41[deg]45.523' N., 
70[deg]09.307' W. (Sesuit Harbor)
41[deg]45.546' N., 70[deg]07.39' W. TO 41[deg]45.551' N., 70[deg]07.32' 
W. (Quivett Creek)
41[deg]47.269' N., 70[deg]01.411' W. TO 41[deg]47.418' N., 
70[deg]01.306' W. (Namskaket Creek)
41[deg]47.961' N., 70[deg]0.561' W. TO 41[deg]48.07' N., 70[deg]0.514' 
W. (Rock Harbor Creek)
41[deg]48.932' N., 70[deg]0.286' W. TO 41[deg]48.483' N., 70[deg]0.216' 
W. (Boat Meadow River)
41[deg]48.777' N., 70[deg]0.317' W. TO 41[deg]48.983' N., 70[deg]0.196' 
W. (Herring River)
41[deg]53.922' N., 70[deg]01.333' W. TO 41[deg]54.497' N., 
70[deg]01.182' W. (Blackfish Creek/Loagy Bay)
41[deg]55.503' N., 70[deg]02.07' W. TO 41[deg]55.753' N., 
70[deg]02.281' W. (Duck Creek)
41[deg]55.501' N., 70[deg]03.51' W. TO 41[deg]55.322' N., 
70[deg]03.191' W. (Herring River, inside Wellfleet Harbor)
41[deg]59.481' N., 70[deg]04.779' W. TO 41[deg]59.563' N., 
70[deg]04.718' W. (Pamet River)

[[Page 35934]]

42[deg]03.601' N., 70[deg]14.269' W. TO 42[deg]03.601' N., 
70[deg]14.416' W. (Hatches Harbor)
41[deg]48.708' N., 69[deg]56.319' W. TO 41[deg]48.554' N., 
69[deg]56.238' W. (Nauset Harbor)
41[deg]40.685' N., 69[deg]56.781' W. TO 41[deg]40.884' N., 
69[deg]56.28' W. (Chatham Harbor)
41[deg]39.429' N., 69[deg]58.827' W. TO 41[deg]39.442' N., 
69[deg]59.037' W. (Stage Harbor)
41[deg]39.80' N., 70[deg]03.661' W. TO 41[deg]39.626' N., 
70[deg]03.791' W. (Wynchmere Harbor/Saquatucket Harbor)
41[deg]39.764' N., 70[deg]05.324' W. TO 41[deg]39.666' N., 
70[deg]05.371' W. (Doanes Creek)
41[deg]39.322' N., 70[deg]06.914' W. TO 41[deg]39.30' N., 
70[deg]06.952' W. (Herring River)
41[deg]39.085' N., 70[deg]09.401' W. TO 41[deg]39.087' N., 
70[deg]09.467' W. (Swan Pond River)
41[deg]38.584' N., 70[deg]11.724' W. TO 41[deg]38.643' N., 
70[deg]11.849' W. (Bass River)
41[deg]38.211' N., 70[deg]13.25' W. TO 41[deg]38.121' N., 
70[deg]13.247' W. (Parkers River)
41[deg]36.575' N., 70[deg]15.95' W. TO 41[deg]37.452' N., 
70[deg]17.537' W. (Hyannis Harbor)
41[deg]37.49' N., 70[deg]21.899' W. TO 41[deg]37.408' N., 
70[deg]21.846' W. (East Bay)
41[deg]36.344' N., 70[deg]24.049' W. TO 41[deg]36.398' N., 
70[deg]24.09' W. (West Bay)
41[deg]36.289' N., 70[deg]25.624' W. TO 41[deg]36.302' N., 
70[deg]26.254' W. (Cotuit Bay)
41[deg]35.32' N., 70[deg]27.047' W. TO 41[deg]35.202' N., 
70[deg]27.041' W. (Popponesset Bay)
41[deg]32.862' N., 70[deg]31.614' W. TO 41[deg]32.804' N., 
70[deg]31.762' W. (Waquoit Bay)
41[deg]33.086' N., 70[deg]32.53' W. TO 41[deg]33.07' N., 70[deg]32.884' 
W. (Eel Pond)

A line formed by the centerline of the fixed bridges at both entrances 
(Bournes Pond)

41[deg]32.871' N., 70[deg]34.214' W. TO 41[deg]32.855' N., 
70[deg]34.252' W. (Green Pond)

A line formed by the centerline of the fixed bridge at entrance (Great 
Pond)

41[deg]32.542' N., 70[deg]36.449' W. TO 41[deg]32.535' N., 
70[deg]36.505' W. (Falmouth Inner Harbor)
41[deg]30.597' N., 71[deg]05.285' W. TO 41[deg]30.444' N., 
71[deg]05.281' W. (Westport Harbor)

Rhode Island

41[deg]22.41' N., 71[deg]30.80' W. TO 41[deg]22.41' N., 71[deg]30.85' 
W. (Pt. Judith Pond Inlet)
41[deg]21.31' N., 71[deg]38.30' W. TO 41[deg]21.30' N., 71[deg]38.33' 
W. (Ninigret Pond Inlet)
41[deg]19.90' N., 71[deg]43.08' W. TO 41[deg]19.90' N., 71[deg]43.10' 
W. (Quonochontaug Pond Inlet)
41[deg]19.66' N., 71[deg]45.75' W. TO 41[deg]19.66' N., 71[deg]45.78' 
W. (Weekapaug Pond Inlet)

South Carolina

32[deg]34.717' N, 80[deg]08.565' W. TO 32[deg]34.686' N., 
80[deg]08.642' W. (Captain Sams Inlet)

    (5) Sinking and/or neutrally buoyant groundline exemption. The 
fisheries regulated under this section are exempt from the requirement 
to have groundlines composed of sinking and/or neutrally buoyant line 
on or before January 1, 2008, if their gear is set in waters deeper 
than 280 fathoms (1,680 ft or 512.1 m).
    (b) Gear marking requirements. (1) Specified gear consists of trap/
pot gear and gillnet gear set in specified areas.
    (2) Specified areas. The following areas are specified for gear 
marking purposes: Northern Inshore State Trap/Pot Waters, CCB 
Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, 
Northern Nearshore Trap/Pot Waters Area, GSC Restricted Trap/Pot Area, 
GSC Restricted Gillnet Area, GSC Sliver Restricted Area, Southern 
Nearshore Trap/Pot Waters Area, Offshore Trap/Pot Waters Area, Other 
Northeast Gillnet Waters Area, Mid/South Atlantic Gillnet Waters Area, 
Other Southeast Gillnet Waters Area, Northern Monitoring and Restricted 
Area, and Southern Monitoring Area.
    (3) Requirements for Shark Gillnet Gear in the Northern Monitoring 
and Restricted Area and Southern Monitoring Area. From November 15 
through March 31 of the following year, no person may fish with shark 
gillnet gear in the southeast U.S. observer area unless that gear is 
marked according to the gear marking code specified under paragraphs 
(b)(3)(i)(A) and (b)(3)(i)(B) of this section. All buoy lines that are 
greater than 4 ft (1.22 m) long must be marked within 2 ft (0.6 m) of 
the top of the buoy line and midway along the length of the buoy line. 
Each net panel must be marked along both the float line and the lead 
line at least once every 100 yards (92.4 m), unless otherwise required 
by the Assistant Administrator under paragraph (h) of this section.
    (i) Color code. Shark gillnet gear in the Northern Monitoring and 
Restricted Area and Southern Monitoring Area must be marked with the 
appropriate color code to designate gear types and areas as follows:
    (A) Gear type code--Shark gillnet gear. Shark gillnet gear must be 
marked with a green marking.
    (B) Area code. Shark gillnet gear set in the Northern Monitoring 
and Restricted Area and Southern Monitoring 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 paragraph (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. (A copy of a brochure illustrating the 
techniques for marking gear is available upon request to the Office of 
the Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930.)
    (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 paragraphs (b)(4)(i) and (b)(4)(ii) of this 
section, unless otherwise required by the Assistant Administrator under 
paragraph (h) of this section. For the purposes of the following gear 
marking requirements only, trap/pot gear set in the Northern Inshore 
State Trap/Pot Waters Area, 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 Trap/Pot Waters Area. Trap/pot gear set in the GSC Restricted 
Trap/Pot Area shall comply with the requirements for the Offshore Trap/
Pot Waters Area. Similarly, anchored gillnet gear set in the CCB 
Restricted area, Stellwagen Bank/Jeffreys Ledge

[[Page 35935]]

Restricted Area, GSC Restricted Gillnet Area, and GSC Sliver 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) Trap/pot gear in the Northern Nearshore Trap/Pot Waters Area 
must be marked with a red marking.
    (B) Trap/pot gear in the Southern Nearshore Trap/Pot Waters Area 
must be marked with an orange marking.
    (C) Trap/pot gear in the Offshore Trap/Pot 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.
    (E) Gillnet gear in the Mid/South Atlantic Gillnet Waters Area must 
be marked with a blue marking.
    (F) Gillnet gear in the Northern Monitoring and Restricted Area and 
Southern Monitoring Area (except shark gillnet gear) must be marked 
with a yellow 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 every 10 fathoms (60 ft or 18.3 m) along 
the buoy line or in the center of the buoy line if it is 10 fathoms (60 
ft or 18.3 m) or less. (A copy of a brochure illustrating the 
techniques for marking gear is available upon request to the Office of 
the Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930.)
    (5) Buoy markings. Trap/pot and gillnet gear regulated under this 
section must mark all surface buoys to identify the vessel or fishery 
with one of the following: The owner's motorboat registration number, 
the owner's U.S. vessel documentation number, the federal commercial 
fishing permit number, or whatever positive identification marking is 
required by the vessel's home-port state. The letters and numbers used 
to mark the gear must be at least 1 inch (2.5 cm) in height in block 
letters or arabic numbers in a color that contrasts with the background 
color of the buoy. (A copy of a brochure illustrating the techniques 
for marking gear is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (6) Changes to requirements. If the Assistant Administrator revises 
the gear marking requirements in accordance with paragraph (h) of this 
section, the gear must be marked in compliance with those requirements.
    (c) Restrictions applicable to trap/pot gear in regulated waters--
(1) Universal trap/pot gear requirements. In addition to the area-
specific measures listed in paragraphs (c)(2) through (c)(8) of this 
section, all trap/pot gear in regulated waters, including the Northern 
Inshore State Trap/Pot Waters Area, must comply with the universal gear 
requirements listed here.\1\ The Assistant Administrator may revise 
these requirements in accordance with paragraph (h) of this section.
---------------------------------------------------------------------------

    \1\ Fisherman 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 buoy line floating at the surface. No person may fish with 
trap/pot 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.
    (ii) No wet storage of gear. Trap/pot gear must be hauled out of 
the water at least once every 30 days.
    (2) Cape Cod Bay (CCB) 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 (h) of this section.
    (ii) Area-specific gear requirements during the winter restricted 
period. No person may fish with or have available for immediate use 
trap/pot 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 trap/pot 
gear requirements in paragraph (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 (h) 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 this period in accordance 
with paragraph (h) of this section.
    (B) Weak links. All buoys, flotation devices and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The breaking strength of the weak links must not exceed 500 lb 
(226.7 kg).
    (2) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (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) Buoy lines. All buoy lines must be comprised of sinking and/or 
neutrally buoyant 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) Groundlines. All groundlines must be comprised entirely of 
sinking and/or neutrally buoyant line. The attachment of buoys, 
toggles, or other flotation devices to groundlines comprised entirely 
of sinking and/or neutrally buoyant line is prohibited.
    (iii) Area-specific gear requirements during the other restricted 
period. No person may fish with or have available for immediate use 
trap/pot 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 trap/
pot gear requirements in paragraph (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 (h) 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 this period in

[[Page 35936]]

accordance with paragraph (h) of this section.
    (B) Gear requirements--(1) State-water portion. No person may fish 
with or have available for immediate use trap/pot 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 Trap/Pot Waters Area listed in paragraph (c)(6) 
of this section. The Assistant Administrator may revise these 
requirements in accordance with paragraph (h) of this section.
    (2) Federal-water portion. No person may fish with or have 
available for immediate use trap/pot 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 Trap/Pot Waters Area in paragraph (c)(7) of this section. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) of this section.
    (3) Great South Channel (GSC) Restricted Trap/Pot Area--(i) Area. 
The GSC Restricted Trap/Pot 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 
(h) of this section.
    (ii) Closure during the spring restricted period--The spring 
restricted period for the GSC Restricted Trap/Pot Area is from April 1 
through June 30 of each year unless the Assistant Administrator revises 
this period in accordance with paragraph (h) of this section. During 
the spring restricted period, no person may fish with, set, or have 
available for immediate use trap/pot gear in this Area unless the 
Assistant Administrator specifies gear modifications or alternative 
fishing practices in accordance with paragraph (h) of this section and 
the gear or practices comply with those specifications.
    (iii) Area-specific gear requirements for the other restricted 
period. The other restricted period for the GSC Restricted Trap/Pot 
Area is July 1 through March 31, unless the Assistant Administrator 
revises this period in accordance with paragraph (h) of this section. 
During the other restricted period, no person may fish with or have 
available for immediate use trap/pot gear in the GSC Restricted Trap/
Pot Area unless that person's gear complies with the gear marking 
requirements in paragraph (b) of this section, the universal trap/pot 
gear requirements in paragraph (c)(1) of this section, and the area-
specific requirements listed in paragraph (c)(5)(ii)(A) of this section 
for the Offshore Trap/Pot Waters Area or paragraph (c)(7)(ii)(A) of 
this section for the Northern Nearshore Trap/Pot Waters Area, depending 
on the area of overlap. The Assistant Administrator may revise these 
requirements in accordance with paragraph (h) of this section.
    (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[min] N. and west of 70[deg]00[min] W. The Assistant 
Administrator may change that area in accordance with paragraph (h) of 
this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot 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 trap/pot gear requirements in paragraph (c)(1) of this 
section, and the requirements listed for the Northern Nearshore Trap/
Pot Waters Area in paragraph (c)(7) of this section. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (5) Offshore Trap/Pot \2\ Waters Area--(i) Area. The Offshore Trap/
Pot Waters Area includes all Federal waters of the EEZ Offshore 
Management Area 3 (including the area known as the Area 2/3 Overlap in 
the American Lobster Fishery regulations at 50 CFR 697.18 and the GSC 
Restricted Trap/Pot Area from July 1 through March 31) as defined in 
the American Lobster Fishery regulations at 50 CFR 697.18 and extending 
south along the 100 fathom (600 ft or 182.9 m) line from 35[deg]30[min] 
N. to 27[deg]51[min] N. and then out to the eastern boundary of the 
EEZ. From November 15 to April 15, the Offshore Trap/Pot Waters Area 
includes the area from the South Carolina/Georgia border south to 
29[deg]00[min] N. and then out to the eastern boundary of the EEZ. The 
Assistant Administrator may change that area in accordance with 
paragraph (h) of this section.
---------------------------------------------------------------------------

    \2\ Fisherman using red crab trap/pot gear should refer to Sec.  
229.32(c)(9) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear requirements. No person may fish 
with or have available for immediate use trap/pot gear in the Offshore 
Trap/Pot Waters Area unless that person's gear complies with the gear 
marking requirements in paragraph (b) of this section, the universal 
trap/pot gear requirements in paragraph (c)(1) of this section, and the 
gear requirements listed here. The Assistant Administrator may revise 
these requirements in accordance with paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 1,500 lb 
(680.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line unless 
exempted from this requirement under paragraph (a)(4) of this section. 
The attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (iii) Seasonal area-specific gear requirements. From November 15 to 
April 15, no person may fish with or have available for immediate use 
trap/pot gear from the South Carolina/Georgia border to 29[deg]00' N. 
and out to the eastern boundary of the EEZ unless that person's gear 
complies with the gear marking requirements in paragraph (b) of this 
section, the universal trap/pot gear requirements in paragraph (c)(1) 
of this section, and the area-specific gear requirements in paragraphs 
(c)(5)(ii)(A) and (B) of this section. The Assistant Administrator may 
revise these requirements in accordance with paragraph (h) of this 
section.
    (iv) Seasonal area-specific gear requirements. From December 1 to 
March 31, no person may fish with or have available for immediate use 
trap/pot gear from 29[deg]00' N. to 27[deg]51' N. and out to the 
eastern boundary of the EEZ

[[Page 35937]]

unless that person's gear complies with the gear marking requirements 
in paragraph (b) of this section, the universal trap/pot gear 
requirements in (c)(1) of this section, and the area-specific gear 
requirements in paragraphs (c)(5)(ii)(A) and (B) of this section. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) of this section.
    (6) Northern Inshore State Trap/Pot Waters Area--(i) Area. The 
Northern Inshore State Trap/Pot Waters Area includes the state waters 
of Rhode Island, Massachusetts, New Hampshire, and Maine but does not 
include waters exempted under paragraph (a)(3) of this section. The 
Assistant Administrator may change that area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot gear in the Northern Inshore 
State Trap/Pot Waters Area unless that person's gear complies with the 
gear marking requirements in paragraph (b) of this section, the 
universal trap/pot gear requirements in paragraph (c)(1) of this 
section, and the gear requirements listed here. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 600 lb 
(272.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (7) Northern Nearshore Trap/Pot Waters Area--(i) Area. The Northern 
Nearshore Trap/Pot Waters Area includes all Federal waters of EEZ 
Nearshore Management Area 1, Area 2, and the Outer Cape Lobster 
Management Area as defined in the American Lobster Fishery regulations 
at 50 CFR 697.18, with the exception of the CCB Restricted Area and the 
Stellwagen Bank/Jeffreys Ledge Restricted Area. The Assistant 
Administrator may change this area in accordance with paragraph (h) of 
this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use trap/pot gear in the Northern 
Nearshore Trap/Pot Waters Area unless that person's gear complies with 
the gear marking requirements in paragraph (b) of this section, the 
universal trap/pot gear requirements in paragraph (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 (h) of this section.
    (A) Weak Links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 600 lb 
(272.4 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line 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 four traps must have no more than one buoy 
line.
    (C) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (8) Southern Nearshore Trap/Pot Waters Area--(i) Area. The Southern 
Nearshore Trap/Pot Waters Area includes all state and federal waters 
which fall within EEZ Nearshore Management Area 4, EEZ Nearshore 
Management Area 5, and EEZ Nearshore Management Area 6 (except for 
those waters exempted under paragraph (a)(3) of this section) as 
described in the American Lobster Fishery regulations in 50 CFR 697.18. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements for the restricted period--(A) 
Restricted period. The restricted period for Southern Nearshore Trap/
Pot Waters is year round unless the Assistant Administrator revises 
this period in accordance with paragraph (h) of this section.
    (B) Gear requirements. No person may fish with or have available 
for immediate use trap/pot gear in the Southern Nearshore Trap/Pot 
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 trap/pot gear requirements in paragraph 
(c)(1) of this section, and the following gear requirements for this 
area, which the Assistant Administrator may revise in accordance with 
paragraph (h) of this section:
    (1) Weak Links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to each individual buoy, flotation device 
and/or weight as operationally feasible and that meets the following 
specifications:
    (i) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (ii) The breaking strength of the weak links may not exceed 600 lb 
(272.4 kg).
    (iii) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks.

[[Page 35938]]

Splices are not considered to be knots for the purpose of this 
provision.
    (2) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (9) Restrictions applicable to the red crab trap/pot fishery--(i) 
Area. The red crab trap/pot fishery is regulated in the waters 
identified in paragraphs (c)(5)(i) and (c)(8)(i) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use red crab trap/pot gear in the area 
identified in paragraph (c)(9)(i) of this section unless that person's 
gear complies with the gear marking requirements in paragraph (c)(1) of 
this section, the universal trap/pot gear requirements in paragraph 
(c)(1) of this section, and the gear requirements listed here. The 
Assistant Administrator revises this period in accordance with 
paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines must be attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links may not exceed 2,000 lb 
(907.2 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line unless 
exempted from this requirement under paragraph (a)(4) of this section. 
The attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in paragraphs (d)(2) through (d)(7) of this section, 
all anchored gillnet gear in regulated waters must comply with the 
universal gear requirements listed here.\3\ The Assistant Administrator 
may revise these requirements in accordance with paragraph (h) of this 
section.
---------------------------------------------------------------------------

    \3\ Fishermen 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 buoy 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, sinking and/or neutrally buoyant line must be used between these 
objects.
    (ii) No wet storage of gear. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (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 this area 
in accordance with paragraph (h) 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 Assistant 
Administrator revises this period in accordance with paragraph (h) of 
this section.
    (B) Closure. During the winter restricted period, no person may 
fish with or have available for immediate use anchored gillnet gear in 
the CCB Restricted Area unless the Assistant Administrator specifies 
gear restrictions or alternative fishing practices in accordance with 
paragraph (h) of this section and the gear or practices comply with 
those specifications. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear 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 Assistant Administrator changes this period in accordance 
with paragraph (h) of this section.
    (B) No person may fish with or have available for immediate use 
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 paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area. The Assistant Administrator may revise these requirements 
in accordance with paragraph (h) 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[min] N./
69[deg]02[min] W., 41[deg]43.5[min] N./69[deg]36.3[min] W., 
42[deg]10[min] N./68[deg]31[min] W., and 41[deg]38[min] N./
68[deg]13[min] 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 here in 
paragraph (d)(4)(i) of this section. The Assistant Administrator may 
change this area in accordance with paragraph (h) 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 (h) of this section.
    (B) Closure. During the spring restricted period, no person may 
set, fish with or have available for immediate use anchored gillnet 
gear in the GSC Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (h) 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 Assistant Administrator changes this period in 
accordance with paragraph (h) of this section.
    (B) During the other restricted period, no person may fish with or 
have available for immediate use anchored gillnet gear in the GSC 
Restricted Gillnet Area unless that person's gear complies with the 
gear marking requirements

[[Page 35939]]

specified in paragraph (b) of this section, the universal anchored 
gillnet gear requirements specified in paragraph (d)(1) of this 
section, and the area-specific requirements listed in paragraph 
(d)(6)(ii) of this section for the Other Northeast Gillnet Waters Area. 
The Assistant Administrator may revise these requirements in accordance 
with paragraph (h) 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[min] N./69[deg]02[min] W., 
41[deg]43.5[min] N./69[deg]36.3[min] W., 41[deg]40[min] N./
69[deg]45[min] W., and 41[deg]00[min] N./69[deg]05[min] W. The 
Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use anchored gillnet gear in the GSC 
Sliver Restricted 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 paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area. The Assistant Administrator may revise these requirements 
in accordance with paragraph (h) 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[min] N. and west of 70[deg]00[min] W. The Assistant 
Administrator may change this area in accordance with paragraph (h) of 
this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use anchored gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted 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 paragraph (d)(1) of this section, and the area-specific 
requirements listed in paragraph (d)(6)(ii) of this section for the 
Other Northeast Gillnet Waters Area. The Assistant Administrator may 
revise these requirements in accordance with paragraph (h) 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/South Atlantic Gillnet 
Waters, and exempted waters listed in paragraph (a)(3) of this section. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use 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 
paragraph (d)(1) of this section, and the area-specific requirements 
listed below. The Assistant Administrator may revise these requirements 
in accordance with paragraph (h) of this section.
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed as close to the buoy, flotation device, and/or 
weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: Swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (498.8 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Net panel weak links. The breaking strength of each weak links 
must not exceed 1,100 lb (498.9 kg). The weak link requirements apply 
to all variations in panel size. Weak links must break cleanly at the 
bitter end of the buoy line and the bitter end of the buoy line must be 
free of any knots when the line breaks. Splices are not considered to 
be knots for the purposes of this provision. (A copy of a brochure 
illustrating the techniques for making weak links is available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930.)
    (1) For all variations in panel size, the following weak link 
requirements apply:
    (i) Weak links must be placed in the center of each of the up and 
down lines at both ends of the net panel; and
    (ii) One floatline weak link must be placed as close as possible to 
each of the net panel where the floatline meets the up and down line.
    (2) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline.
    (3) For net panels of 50 fathoms (300 ft or 91.4 m) or greater in 
length, weak links must be placed at least every 25 fathoms (150 ft or 
45.7 m) along the floatline.
    (C) Anchoring system. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds through the use of a fluke, 
spade, plow, or pick) having the holding capacity equal to or greater 
than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights do not meet 
this requirement.
    (D) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (7) Mid/South Atlantic Gillnet Waters--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded by the line 
defined by the following points: The southern shore of Long Island, NY, 
at 72[deg]30' W., then due south to 33[deg]51' N., and then west to the 
North Carolina/South Carolina border, as defined in Sec.  229.2. The 
Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. From October 1 through April 
30, no person may fish with or have available for immediate use 
anchored gillnet gear in the Mid/South Atlantic Gillnet Waters 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 paragraph (d)(1) of this 
section, and the following area-specific requirements, which the 
Assistant Administrator may revise in accordance with paragraph (h) of 
this section:
    (A) Weak links. All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, must be attached to the buoy line with 
a weak link placed

[[Page 35940]]

as close to the buoy, flotation device, and/or weight as operationally 
feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list of 
combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. (A copy of a brochure illustrating the techniques for 
making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (498.8 kg).
    (3) Weak links must break cleanly at the bitter end of the buoy 
line and the bitter end of the buoy line must be free of any knots when 
the line 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 
that meet the following specifications:
    (1) Weak links must be placed in the center of the floatline of 
each net panel up to and including 50 fathoms (300 ft or 91.4 m), or at 
least every 25 fathoms (150 ft or 45.7 m) along the floatline for 
longer panels.
    (2) The breaking strength for each of the weak links must not 
exceed 1,100 lb (498.8 kg).
    (C) Additional tending/anchoring/weak links. All gillnets must 
return to port with the vessel unless the gear meets the following 
specifications:
    (1) Anchoring system. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds through the use of a fluke, 
spade, plow, or pick) having the holding capacity equal to or greater 
than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights do not meet 
this requirement.
    (2) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (498.9 kg). The weak link requirements apply 
to all variations in panel size. Weak links must break cleanly at the 
bitter end of the buoy line and the bitter end of the buoy line must be 
free of any knots when the line breaks. Splices are not considered to 
be knots for the purposes of this provision. (A copy of a brochure 
illustrating the techniques for making weak links is available upon 
request to the Office of the Regional Administrator, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930.)
    (i) For all variations in panel size, the following weak link 
requirements apply: Weak links must be placed in the center of each of 
the up and down lines at both ends of the net panel, and one floatline 
weak link must be placed as close as possible to each of the net panel 
where the floatline meets the up and down line.
    (ii) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline.
    (iii) For net panels of 50 fathoms (300 ft or 91.4 m) or greater in 
length, weak links must be placed at least every 25 fathoms (150 ft or 
45.7 m) along the floatline.
    (D) Groundlines. On or before January 1, 2008, all groundlines must 
be comprised entirely of sinking and/or neutrally buoyant line. The 
attachment of buoys, toggles, or other floatation devices to 
groundlines comprised entirely of sinking and/or neutrally buoyant line 
is prohibited.
    (8) [Reserved]
    (e) Restrictions applicable to driftnet gear--(1) 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 this area in accordance with 
paragraph (h) 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 Assistant 
Administrator changes this period in accordance with paragraph (h) of 
this section.
    (B) Closure. During the winter restricted period, no person may 
fish with or have available for immediate use driftnet gear in the CCB 
Restricted Area unless the Assistant Administrator specifies gear 
restrictions or alternative fishing practices in accordance with 
paragraph (h) of this section and the gear or practices comply with 
those specifications. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear 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 Assistant Administrator changes this period in accordance 
with paragraph (h) of this section.
    (B) No person may fish with or have available for immediate use 
driftnet gear in the CCB Restricted Area during the other restricted 
period unless that gear contains weak links with a breaking strength no 
greater than 1,100 lb (498.9 kg) in the middle of each 50 fathom (300 
ft or 91.4 m) net panel, or every 25 fathoms (150 ft or 45.7 m) for 
longer net panels. In addition, no person may fish with or have 
available for immediate use driftnet gear at night in the CCB 
Restricted Area during the other restricted period unless that gear is 
tended. During that time, all driftnet gear set by that vessel in the 
CCB Restricted Area must be removed from the water and stowed on board 
the vessel before a vessel returns to port. The Assistant Administrator 
may revise these requirements in accordance with paragraph (h) of this 
section.
    (2) 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 here in 
paragraph (e)(3)(i) of this section. The Assistant Administrator may 
change this area in accordance with paragraph (h) 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 
Assistant Administrator changes this period in accordance with 
paragraph (h) of this section.
    (B) Closure. During the spring restricted period, no person may 
set, fish with or have available for immediate use driftnet gear in the 
GSC Restricted Gillnet Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (h) 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 Assistant Administrator changes this period in 
accordance with paragraph (h) of this section.

[[Page 35941]]

    (B) No person may fish with or have available for immediate use 
driftnet gear in the GSC Restricted Gillnet Area during the other 
restricted period unless that gear contains weak links with a breaking 
strength no greater than 1,100 lb (498.9 kg) in the middle of each 50 
fathom (300 ft or 91.4 m) net panel, or every 25 fathoms (150 ft or 
45.7 m) for longer net panels. In addition, during the other restricted 
period, no person may fish with or have available for immediate use 
driftnet gear at night in the GSC Restricted Gillnet Area unless that 
gear is tended. During that time, all driftnet gear set by that vessel 
in the GSC Restricted Gillnet Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) of this section.
    (3) 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 Assistant Administrator may change this area in 
accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use driftnet gear in the GSC Sliver 
Restricted Area during the other restricted period unless that gear 
contains weak links with a breaking strength no greater than 1,100 lb 
(498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. In 
addition, no person may fish with or have available for immediate use 
driftnet gear at night in the GSC Sliver Restricted Area unless that 
gear is tended. During that time, all driftnet gear set by that vessel 
in the GSC Sliver Restricted Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port. The 
Assistant Administrator may revise these requirements in accordance 
with paragraph (h) of this section.
    (4) 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/South Atlantic Gillnet 
Waters Area, and exempted waters listed in paragraph (a)(3) of this 
section. The Assistant Administrator may change this area in accordance 
with paragraph (h) of this section.
    (ii) Area-specific gear requirements. No person may fish with or 
have available for immediate use driftnet gear in the Other Northeast 
Gillnet Waters Area during the other restricted period unless that gear 
contains weak links with a breaking strength no greater than 1,100 lb 
(498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. In 
addition, no person may fish with or have available for immediate use 
driftnet gear at night in the Other Northeast Gillnet Waters Area 
unless that gear is tended. During that time, all driftnet gear set by 
that vessel in the Other Northeast Gillnet Waters Area must be removed 
from the water and stowed on board the vessel before a vessel returns 
to port. The Assistant Administrator may revise these requirements in 
accordance with paragraph (h) of this section.
    (5) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters Area consists of all U.S. waters bounded by the 
line defined by the following points: The southern shore of Long 
Island, NY, at 72[deg]30' W., then due south to 33[deg]51' N., and west 
to the North Carolina/South Carolina border, as defined in Sec.  229.2. 
The Assistant Administrator may change this area in accordance with 
paragraph (h) of this section.
    (ii) Area-specific gear requirements. From December 1 through March 
31, no person may fish with or have available for immediate use 
driftnet gear in the Mid/South Atlantic Gillnet Waters Area unless that 
gear contains weak links with a breaking strength no greater than 1,100 
lb (498.9 kg) in the middle of each 50 fathom (300 ft or 91.4 m) net 
panel, or every 25 fathoms (150 ft or 45.7 m) for longer net panels. In 
addition, from December 1 through March 31, no person may fish with or 
have available for immediate use driftnet gear at night in the Mid/
South Atlantic Gillnet Waters Area unless that gear is tended. During 
that time, all driftnet gear set by that vessel in the Mid/South 
Atlantic Gillnet Waters Area must be removed from the water and stowed 
on board the vessel before a vessel returns to port. The Assistant 
Administrator may revise these requirements in accordance with 
paragraph (h) of this section.
    (f) Restrictions applicable to southeast Atlantic gillnet gear--(1) 
Other Southeast Gillnet Waters Area--(i) Other Southeast Gillnet Waters 
Area. From November 15 through April 15, the Other Southeast Gillnet 
Waters Area consists of the area from the South Carolina/Georgia border 
south to 29[deg]00' N. (near Cape Canaveral, FL), extending from the 
shore out to the eastern boundary of the EEZ, unless the Assistant 
Administrator changes this area in accordance with paragraph (h) of 
this section. From December 1 through March 31, the Other Southeast 
Gillnet Waters consists of the area from the South Carolina/Georgia 
border south to 27[deg]51' N., extending from the shore out to the 
eastern boundary of the EEZ, unless the Assistant Administrator changes 
this area in accordance with paragraph (h) of this section.
    (ii) Area-specific gear requirements. For all gillnets, except for 
shark gillnets as defined in Sec.  229.2, no person may fish with or 
have available for immediate use anchored gillnet gear in the Other 
Southeast 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 
paragraph (d)(1) of this section, and the area-specific requirements 
specified in paragraph (d)(7)(ii) of this section, which the Assistant 
Administrator may revise in accordance with paragraph (h) of this 
section.
    (iii) Restrictions for straight sets. Except as provided for shark 
gillnet gear under paragraph (g) of this section, no person may fish 
with or have available for immediate use a straight set of gillnet gear 
at night in the Other Southeast Gillnet Waters Area during the 
restricted period.
    (2) [Reserved]
    (g) Restrictions applicable to southeast Atlantic shark gillnet 
gear--(1) Management areas and restricted periods--(i) Northern 
Monitoring and Restricted Area. From November 15 through April 15, the 
Northern Monitoring and Restricted Area consists of the area from the 
South Carolina/Georgia border south to 29[deg]00' N. (near Cape 
Canaveral, FL), extending from the shore out to the eastern boundary of 
the EEZ, unless the Assistant Administrator changes this area in 
accordance with paragraph (h) of this section. From December 1 through 
March 31, the Northern Monitoring and Restricted Area consists of the 
area from the South Carolina/Georgia border south to 27[deg]51' N., 
extending from the shore out to the eastern boundary of the EEZ, unless 
the Assistant Administrator changes this area in accordance with 
paragraph (h) of this section.
    (ii) Southern Monitoring Area. From December 1 through March 31, 
the Southern Monitoring Area consists of the area from 27[deg]51' N. 
south to 26[deg]46.5' N. (near West Palm Beach, FL) and extending from 
the shore out to the

[[Page 35942]]

eastern boundary of the EEZ, unless the Assistant Administrator changes 
that area in accordance with paragraph (h) of this section.
    (iii) Area-specific gear requirements. For all shark gillnets, no 
person may fish with or have available for immediate use shark gillnet 
gear in the Northern Monitoring and Restricted Area or Southern 
Monitoring Area unless that person's gear complies with the gear 
marking requirements specified in paragraph (b)(3) of this section, and 
the vessel monitoring system requirements specified in paragraphs 
(g)(3) and (4) of this section.
    (2) [Reserved]
    (3) Vessel monitoring systems. (i) Applicability. No person may 
fish with or have available for immediate use shark gillnet gear in the 
Northern Monitoring and Restricted Area or the Southern Monitoring Area 
during the restricted period unless the operator of the vessel is in 
compliance with the vessel monitoring system (VMS) requirements found 
in 50 CFR 635.69. NMFS retains the authority to request that an 
observer be taken on board a vessel during a fishing trip at any time 
during the restricted period. If NMFS requests that an observer be 
taken on board a vessel, no person may fish with or have available for 
immediate use shark gillnet gear aboard that vessel in the Northern 
Monitoring and Restricted Area and Southern Monitoring Area unless an 
observer is on board that vessel during the trip.
    (ii) [Reserved]
    (4) At-sea observer coverage. (i) Applicability. NMFS may select 
any shark gillnet vessel regulated under Sec.  229.32 to carry an 
observer. When selected, vessels are required to take observers on a 
mandatory basis in compliance with the requirements for at-sea observer 
coverage found in 50 CFR 229.7.
    (ii) [Reserved]
    (5) Closure for shark gillnet gear. Except as provided for 
strikenets under paragraph (g)(5)(i) of this section, no person may 
fish with or have available for immediate use shark gillnet gear in the 
Northern Monitoring and Restricted Area or the Southern Monitoring Area 
during the restricted period.
    (i) Special provision for strikenets. Fishing for sharks with 
strikenet gear is exempt from the restrictions under paragraphs (g)(5) 
of this section if:
    (A) No nets are set at night or when visibility is less than 500 
yards (460m);
    (B) Each set is made under the observation of a spotter plane;
    (C) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale; and
    (D) If a right, humpback, or fin whale moves within 3 nautical 
miles (5.6 km) of the set gear, the gear is removed immediately from 
the water.
    (ii) [Reserved]
    (h) Other provisions. In addition to any other emergency authority 
under the Marine Mammal Protection Act, the Endangered Species Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, or other 
appropriate authority, the Assistant Administrator may take action 
under this section in the following situations:
    (1) Entanglements in critical habitat. If a serious injury or 
mortality of a right whale occurs in the Cape Cod Bay Restricted Area 
from January 1 through May 15, in the Great South Channel Restricted 
Area from April 1 through June 30, or in the Northern Monitoring and 
Restricted Area and the Southern Monitoring Area from November 15 
through March 31 as a result of an entanglement by trap/pot or gillnet 
gear allowed to be used in those areas and times, the Assistant 
Administrator shall close that area to that gear type for the rest of 
that time period and for that same time period in each subsequent year, 
unless the Assistant Administrator revises the restricted period in 
accordance with paragraph (h)(2) of this section or unless other 
measures are implemented under paragraph (h)(2) of this section.
    (2) Other special measures. The Assistant Administrator may revise 
the requirements of this section through a publication in the Federal 
Register if:
    (i) NMFS verifies that certain gear characteristics are both 
operationally effective and reduce serious injuries and mortalities of 
endangered whales;
    (ii) New gear technology is developed and determined to be 
appropriate;
    (iii) Revised breaking strengths are determined to be appropriate;
    (iv) New marking systems are developed and determined to be 
appropriate;
    (v) NMFS determines that right whales are remaining longer than 
expected in a closed area or have left earlier than expected;
    (vi) NMFS determines that the boundaries of a closed area are not 
appropriate;
    (vii) Gear testing operations are considered appropriate; or
    (viii) Similar situations occur.
    (3) Until 6 months after the publication of the final rule amending 
Sec.  229.32, NMFS may establish a temporary Dynamic Area Management 
(DAM) zone in the following manner:
    (i) Trigger. Upon receipt of a single reliable report from a 
qualified individual of three or more right whales within an area NMFS 
will plot each individual sighting (event) and draw a circle with a 2.8 
nm (5.2 km) radius around it, which will be adjusted for the number of 
right whales sighted such that a density of at least 0.04 right whales 
per nm2 (1.85 km2) is maintained within the circle. If any circle or 
group of contiguous circles includes 3 or more right whales, NMFS would 
consider this core area and its surrounding waters a candidate DAM 
zone.
    (ii) DAM zone. Areas for consideration for DAM zones are limited to 
areas north of 40[deg]00' N. Having identified any circle or group of 
contiguous circles including 3 or more right whales as candidates for 
protection, as identified in paragraph (g)(3)(i) of this section, NMFS 
will determine the extent of the DAM zone as follows:
    (A) A larger circular zone will be drawn to extend 15 nm (27.8 km) 
from the perimeter of a circle around each core area.
    (B) The DAM zone will then be defined by a polygon drawn outside 
but tangential to the circular buffer zone(s). The latitudinal and 
longitudinal coordinates of the corners of the polygon will then be 
identified.
    (iii) Requirements and prohibitions within DAM zones. Notice of 
specific area restrictions will be published in the Federal Register 
and will become effective 2 days after publication. Gear not in 
compliance with the imposed restrictions may not be set in the DAM zone 
after the effective date. NMFS may:
    (A) require owners of gillnet and trap/pot gear set within the DAM 
zone to remove all such gear within 2 days after notice is published in 
the Federal Register,
    (B) Allow fishing within a DAM zone with anchored gillnet and trap/
pot gear, provided such gear satisfies the requirements specified in 
paragraphs (h)(4)(i)(B)(1) and (h)(4)(i)(B)(2) of this section, except 
that a second buoy line and a section of floating line in the bottom 
portion of each line not to exceed one-third the overall length of the 
buoy line are allowed within a DAM zone. These requirements are in 
addition to requirements found in Sec.  229.32 (b) through (d) but 
supersede them when the requirements in paragraphs (h)(4)(i)(B)(1) and 
(h)(4)(i)(B)(2) of this section, with the exception that a second buoy 
line and a section of floating line in the bottom portion of each line 
not to exceed one-third the overall length of the buoy line are allowed 
within a DAM zone, are more restrictive than those in Sec.  229.32 (b) 
through (d). Requirements for

[[Page 35943]]

anchored gillnet gear in Other Northeast Gillnet Waters are as 
specified in paragraphs (h)(4)(i)(B)(1) of this section, except that a 
second buoy line and a section of floating line in the bottom portion 
of each line not to exceed one-third the overall length of the buoy 
line are allowed within a DAM zone. Requirements for trap/pot gear in 
Offshore Trap/Pot Waters, Northern Nearshore Trap/Pot Waters and 
Northern Inshore State Trap/Pot Waters are as specified in paragraph 
(g)(4)(i)(B)(2) of this section, except that a second buoy line and a 
section of floating line in the bottom portion of each line not to 
exceed one-third the overall length of the buoy line are allowed within 
a DAM zone. Requirements for anchored gillnet gear in Cape Cod Bay 
Restricted Area (May 16 through December 31), Stellwagen Bank/Jeffreys 
Ledge Restricted Area, Great South Channel Restricted Gillnet Area 
(July 1 through March 31), Great South Channel Sliver Restricted Area 
(July 1 through March 31), and Mid/South Atlantic Gillnet Waters are 
the same as requirements for Other Northeast Gillnet Waters. 
Requirements for trap/pot gear in Southern Nearshore Trap/Pot 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 Trap/Pot Waters and Northern 
Inshore State Trap/Pot Waters. Requirements for trap/pot gear in the 
Great South Channel Restricted Trap/Pot Area (July 1 through March 31) 
are the same as requirements for Offshore Trap/Pot Waters.
    (C) Issue an alert to fishermen using appropriate media to inform 
them of the fact that right whale density in a certain area has 
triggered a DAM zone. In the alert, NMFS will provide detailed 
information on the location of the DAM zone and the number of animals 
sighted within it. Furthermore, NMFS will request that fishermen 
voluntarily remove trap/pot and anchored gillnet gear from the DAM zone 
and ask that no additional gear be set inside it for 15 days or until 
NMFS rescinds the alert.
    (D) The determination of whether restrictions will be imposed 
within a DAM zone would be based on NMFS' review of a variety of 
factors, including but not limited to: The location of the DAM zone 
with respect to other fishery closure areas, weather conditions as they 
relate to the safety of human life at sea, the type and amount of gear 
already present in the area, and a review of recent right whale 
entanglement and mortality data.
    (iv) Restricted period. Any DAM zone will remain in effect for a 
minimum period of 15 days. At the conclusion of the 15-day period, the 
DAM zone will expire automatically unless it is extended by subsequent 
publication in the Federal Register.
    (v) Extensions of the restricted period. Any 15-day period may be 
extended if NMFS determines that the trigger established in paragraph 
(h)(3)(i) of this section continues to be met.
    (vi) Reopening of restricted zone. NMFS may remove any gear 
restriction or prohibition and reopen the DAM zone prior to its 
automatic expiration if there are no confirmed sightings of right 
whales for at least 1 week, or other credible evidence indicates that 
right whales have left the DAM zone. NMFS will notify the public of the 
reopening of a DAM zone prior to the expiration of the 15-day period by 
issuing a document in the Federal Register and through other 
appropriate media.
    (4) Seasonal Area Management (SAM) Program. Until January 1, 2008, 
in addition to existing requirements for vessels deploying anchored 
gillnet or trap/pot gear in the Other Northeast Gillnet Waters, 
Northern Inshore State Trap/Pot Waters, Northern Nearshore Trap/Pot 
Waters, Offshore Trap/Pot Waters, Great South Channel Restricted 
Gillnet Area (July 1 through July 31), Great South Channel Sliver 
Restricted Area (May 1 through July 31), Great South Channel Restricted 
Trap/Pot Area (July 1 through July 31), and Stellwagen Bank/Jeffreys 
Ledge Restricted Area found at Sec.  229.32 (b)-(d), a vessel may fish 
in the SAM Areas as described in paragraphs (h)(4)(i)(A) and 
(h)(4)(ii)(A) of this section, which overlay the previously mentioned 
areas, provided the vessel complies with the gear requirements 
specified in paragraphs (h)(4)(i)(B) and (h)(4)(ii)(B) of this section 
during the times specified in those paragraphs. The gear requirements 
in (h)(4)(i)(B) and (h)(4)(ii)(B) of this section supercede 
requirements found at Sec.  229.32 (b)-(d) when the former are more 
restrictive than the latter. For example, the closures applicable to 
trap/pot and gillnet gear in the Great South Channel found in 
paragraphs (c)(3)(ii) and (d)(3)(ii) of this section are more 
restrictive than the gear modifications described in this section and, 
therefore, supercede them. (Copies of a chart depicting these areas are 
available upon request from the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (i) SAM West. (A) Area. SAM West consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM West
------------------------------------------------------------------------
             Point                     N. lat.             W. long.
------------------------------------------------------------------------
SAM1...........................  42[deg]30'           70[deg]30'
SAM2...........................  42[deg]30'           69[deg]24'
SAM3...........................  41[deg]48.9'         69[deg]24'
SAM4...........................  41[deg]40'           69[deg]45'
SAM5...........................  41[deg]40'           69[deg]57' and
                                                       along the Eastern
                                                       Shore of Cape Cod
                                                       to
SAM6...........................  42[deg]04.8'         70[deg]10'
SAM7...........................  42[deg]12'           70[deg]15'
SAM8...........................  42[deg]12'           70[deg]30'
------------------------------------------------------------------------

    (B) Gear requirements. Unless otherwise authorized by the Assistant 
Administrator, in accordance with paragraph (h)(2) of this section, 
from March 1 through April 30, no person may fish with or have 
available for immediate use anchored gillnet or trap/pot gear in SAM 
West unless that person's gear complies with the following gear 
modifications:
    (1) Anchored gillnet gear. (i) Groundlines--All groundlines must be 
made entirely of sinking and/or neutrally buoyant line. Floating 
groundlines are prohibited. The attachment of buoys, toggles, or other 
floatation devices to groundlines comprised entirely of sinking and/or 
neutrally buoyant line is prohibited.
    (ii) Weak links--All buoys, flotation devices, and/or weights, such 
as toggles and/or leaded lines, are attached to the buoy line with a 
weak link placed as close to each individual buoy, flotation device, 
and/or weight as operationally feasible that has a maximum breaking 
strength of up to 1,100 lb (498.9 kg). The weak link must be chosen 
from the following list of combinations approved by NMFS: Swivels, 
plastic weak links, rope of appropriate breaking strength, hog rings, 
rope stapled to a buoy stick, or other materials or devices approved in 
writing by the Assistant Administrator. Weak links must break cleanly 
at the bitter end of the buoy line and the bitter end of the buoy line 
must be free of any knots when the line breaks. Splices are not 
considered to be knots for the purposes of this provision. (A copy of a 
brochure illustrating the techniques for making weak links is available 
upon request to the Office of the Regional Administrator, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930.)
    (iii Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (498.9 kg). The weak link requirements apply 
to all variations in panel size. Weak links must break cleanly at the 
bitter end of

[[Page 35944]]

the buoy line and the bitter end of the buoy line must be free of any 
knots when the line breaks. Splices are not considered to be knots for 
the purposes of this provision. (A copy of a brochure illustrating the 
techniques for making weak links is available upon request to the 
Office of the Regional Administrator, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930.)
    (iv) For all variations in panel size, the following weak link 
requirements apply: Weak links must be placed in the center of each of 
the up and down lines at both ends of the net panel, and one floatline 
weak link must be placed as close as possible to each end of the net 
panel where the floatline meets the up and down line.
    (v) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline.
    (vi) For net panels of 50 fathoms (300 ft or 91.4 m) or greater in 
length, weak links must be placed continuously along the floatline 
separated by a maximum distance of 25 fathoms (150 ft or 45.7 m).
    (vii) 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.
    (viii) Gillnet anchor. All anchored gillnets, regardless of the 
number of net panels, must be securely anchored with a holding power of 
at least a 22-lb (10-kg) Danforth-style anchor at each end of the net 
string.
    (2) Trap/pot gear. (i) Groundlines--All groundlines must be made 
entirely of sinking and/or neutrally buoyant line. Floating groundlines 
are prohibited. The attachment of buoys, toggles, or other floatation 
devices to groundlines comprised entirely of sinking and/or neutrally 
buoyant line is prohibited.
    (ii) Northern Inshore State Trap/Pot Waters, Northern Nearshore 
Trap/Pot Waters Areas, and Stellwagen Bank/Jeffreys Ledge Restricted 
Area weak links--All flotation devices or weights must be attached to 
the buoy line with a weak link placed as close to the buoy as 
operationally feasible that has a maximum breaking strength of up to 
600 lb (272.4 kg). The weak link must be chosen from the following list 
of combinations approved by NMFS: swivels, plastic weak links, rope of 
appropriate breaking strength, hog rings, rope stapled to a buoy stick, 
or other materials or devices approved in writing by the Assistant 
Administrator. Weak links must break cleanly at the bitter end of the 
buoy line and the bitter end of the buoy line must be free of any knots 
when the line breaks. (A copy of a brochure illustrating the techniques 
for making weak links is available upon request to the Office of the 
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (iii) Offshore Trap/Pot Waters Area weak links--All flotation 
devices or weights must be attached to the buoy line with a weak link 
placed as close to the buoy as operationally feasible that has a 
maximum breaking strength of up to 1,500 lb (680.4 kg). The weak link 
must be chosen from the following list of combinations approved by 
NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. Weak 
links must break cleanly at the bitter end of the buoy line and the 
bitter end of the buoy line must be free of any knots when the line 
breaks. Splices are not considered to be knots for the purposes of this 
provision. (A copy of a brochure illustrating the techniques for making 
weak links is available upon request to the Office of the Regional 
Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (iv) 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.
    (ii) SAM East. (A) Area. SAM East consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM East
------------------------------------------------------------------------
             Point                     N. lat.             W. long.
------------------------------------------------------------------------
SAM9...........................  42[deg]30'           69[deg]45'
SAM10..........................  42[deg]30'           67[deg]27'
SAM11..........................  42[deg]09'           67[deg]08.4'
SAM12..........................  41[deg]00'           69[deg]05'
SAM4...........................  41[deg]40'           69[deg]45'
------------------------------------------------------------------------

    (B) Gear requirements. Unless otherwise authorized by the Assistant 
Administrator, in accordance with paragraph (h)(2) of this section, 
from May 1 through July 31, no person may fish with anchored gillnet or 
trap/pot gear in SAM East unless that person's gear complies with the 
gear modifications found at paragraph (h)(4)(i)(B) of this section.

    Note to Sec.  229.32: Additional regulations that affect fishing 
with lobster trap gear have also been issued under authority of the 
Atlantic Coastal Fisheries Cooperative Management Act in part 697 of 
this title.

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for 50 CFR part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In Sec.  635.69, paragraph (a)(3) is revised to read as follows:


Sec.  635.69  Vessel monitoring systems.

    (a) * * *
    (3) Whenever a vessel, issued a directed shark LAP, is away from 
port with a gillnet on board during the right whale calving season 
specified in the regulations implementing the Atlantic Large Whale Take 
Reduction Plan Regulations in Sec.  229.32 of this title.
* * * * *

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for 50 CFR part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  648.264, paragraph (a)(6)(i) is revised to read as 
follows:


Sec.  648.264  Gear requirements/restrictions.

    (a) * * *
    (6) Additional gear requirements. (i) Vessels must comply with the 
gear regulations found at Sec.  229.32 of this title.
* * * * *
[FR Doc. 05-11847 Filed 6-20-05; 8:45 am]
BILLING CODE 3510-22-P