[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11978-11985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 220225-0059]
RIN 0648-BJ09


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

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

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document makes technical corrections to a final rule that 
modified the Atlantic Large Whale Take Reduction Plan. The correction 
reinstates paragraphs that were inadvertently removed from the Code of 
Federal Regulations when the final rule published on September 17, 
2021.

DATES: Effective March 3, 2022.

FOR FURTHER INFORMATION CONTACT: Colleen Coogan, Marine Mammal/Sea 
Turtle Branch Chief, phone: (978) 281-9181 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Need for Correction

    NMFS published a final rule to implement modifications to the 
Atlantic Large Whale Take Reduction Plan (ALWTRP or Plan) on September 
17, 2021 (86 FR 51970), to meet the goals of the Marine Mammal 
Protection Act

[[Page 11979]]

(MMPA) and Endangered Species Act (ESA). The final rule became 
effective on October 18, 2021. While the modifications were intended to 
revise the then existing Sec.  229.32(a) through (c), the final rule 
inadvertently replaced the entirety of Sec.  229.32 resulting in the 
accidental removal of paragraphs (d), (e), (f), (g), (h), and (i) from 
the Code of Federal Regulations. These sections apply to gillnet 
fisheries and Southeastern U.S. fisheries, and NMFS is correcting the 
error through this correcting amendment.
    For further information on the September 17, 2021, Plan 
modifications, see the final rule (86 FR 51970, September 17, 2021). 
For further information on the Plan, visit the website https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-mammal-protection/atlantic-large-whale-take-reduction-plan.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause to waive the requirement to provide prior notice and opportunity 
for public comment pursuant to the authority set forth at 5 U.S.C. 
553(b)(B), as such requirement is unnecessary and contrary to the 
public interest. The regulations in Sec.  229.32(d) through (i) were 
never intended to be removed or modified in any way through the 2021 
final rule, and there was no discussion or analysis of any such action 
in the preambles to the proposed rule or final rule. Any delay in 
reinstating Sec.  229.32(d) through (i) would result in wide scale 
confusion among the fishing industry and law enforcement, as well as 
potential harm to North Atlantic right whales, humpback whales, and fin 
whales. Therefore, in order to avoid the negative consequences that are 
expected to result from unnecessary delay in making this correction, 
the AA finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment. For the same reasons, the AA 
finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay of 
effectiveness period for this correcting amendment.

List of Subjects in 50 CFR Part 229

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

    Dated: February 25, 2022.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    Accordingly, 50 CFR part 229 is corrected by making the following 
correcting amendment:

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

0
1. The authority citation for 50 CFR part 229 continues to read as 
follows:

    Authority:  16 U.S.C. 1361 et seq.; Sec.  229.32(f) also issued 
under 16 U.S.C. 1531 et seq.


0
2. In Sec.  229.32, add paragraphs (d) through (i) to read as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

* * * * *
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in paragraphs (d)(3) through (8) of this section, all 
anchored gillnet gear in regulated waters must comply with the 
universal gear requirements listed in paragraphs (d)(1)(i) through 
(iii) of this section.
    (i) No buoy line floating at the surface. No person or vessel may 
fish with anchored gillnet gear that has any portion of the buoy line 
floating at the surface at any time when the buoy line is directly 
connected to the gear at the ocean bottom. If more than one buoy is 
attached to a single buoy line or if a high flyer and a buoy are used 
together on a single buoy line, sinking and/or neutrally buoyant line 
must be used between these objects.
    (ii) No wet storage of gear. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (iii) Groundlines. All groundlines must be composed entirely of 
sinking line unless exempted from this requirement under paragraph 
(a)(4) of this section. The attachment of buoys, toggles, or other 
floatation devices to groundlines is prohibited.
    (2) Area specific gear restrictions. No person or vessel may fish 
with or possess anchored gillnet gear in Areas referenced in paragraphs 
(d)(3) through (8) of this section, unless that gear complies with the 
gear requirements specified in paragraph (d)(1) of this section, and 
the area specific requirements listed in paragraphs (d)(2)(i) through 
(iii) of this section, or unless the gear is stowed as specified in 
Sec.  229.2.
    (i) Buoy line weak links. All buoys, flotation devices and/or 
weights (except gillnets, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak 
link placed as close to each individual buoy, flotation device and/or 
weight as operationally feasible and that meets the following 
specifications:
    (A) The weak link must be chosen from the following list approved 
by NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. A 
brochure illustrating the techniques for making weak links is available 
from the Regional Administrator, NMFS, Greater Atlantic Region upon 
request.
    (B) The breaking strength of the weak links must not exceed 1,100 
lb (499.0 kg).
    (C) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this paragraph (d)(2)(i).
    (ii) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (499.0 kg). The weak link requirements apply 
to all variations in panel size. All net panels in a string must 
contain weak links that meet one of the following two configurations 
unless exempted from this requirement under paragraph (a)(5) of this 
section:
    (A) Configuration 1. (1) The weak link must be chosen from the 
following list approved by NMFS: Plastic weak links or rope of 
appropriate breaking strength. If rope of appropriate breaking strength 
is used throughout the floatline or as the up and down line, or if no 
up and down line is present, then individual weak links are not 
required on the floatline or up and down line. A brochure illustrating 
the techniques for making weak links is available from the Regional 
Administrator, NMFS, Greater Atlantic Region upon request; and
    (2) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (3) One weak link must be placed as close as possible to each end 
of the net panels on the floatline; and
    (4) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (5) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every

[[Page 11980]]

25 fathoms (150 ft or 45.7 m) along the floatline.
    (B) Configuration 2. (1) The weak link must be chosen from the 
following list approved by NMFS: Plastic weak links or rope of 
appropriate breaking strength. If rope of appropriate breaking strength 
is used throughout the floatline or as the up and down line, or if no 
up and down line is present, then individual weak links are not 
required on the floatline or up and down line. A brochure illustrating 
the techniques for making weak links is available from the Regional 
Administrator, NMFS, Greater Atlantic Region upon request; and
    (2) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (3) One weak link must be placed between the floatline tie loops 
between net panels; and
    (4) One weak link must be placed where the floatline tie loops 
attaches to the bridle, buoy line, or groundline at the end of a net 
string; and
    (5) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (6) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every 25 fathoms (150 ft 
or 45.7 m) along the floatline.
    (iii) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds to the ocean bottom through 
the use of a fluke, spade, plow, or pick) having the holding capacity 
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless 
exempted from this requirement under paragraph (a)(5) of this section. 
Dead weights do not meet this requirement. A brochure illustrating the 
techniques for rigging anchoring systems is available from the Regional 
Administrator, NMFS, Greater Atlantic Region.
    (3) Cape Cod Bay Restricted Area--(i) Area. The Cape Cod Bay 
restricted area is bounded by the following points and on the south and 
east by the interior shoreline of Cape Cod, Massachusetts.

                     Table 17 to Paragraph (d)(3)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
CCB1............................  41[deg]46.8'       70[deg]30'
CCB2............................  42[deg]12'         70[deg]30'
CCB3............................  42[deg]12'         70[deg]15'
CCB4............................  42[deg]04.8'       70[deg]10'
------------------------------------------------------------------------

    (ii) Closure. During January 1 through May 15 of each year, no 
person or vessel may fish with or possess anchored gillnet gear in the 
Cape Cod Bay Restricted Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (i) of this section and the gear or practices 
comply with those specifications, or unless the gear is stowed as 
specified in Sec.  229.2. The Assistant Administrator may waive this 
closure for the remaining portion of the winter restricted period in 
any year through a notification in the Federal Register if NMFS 
determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear or vessel requirements. From May 16 
through December 31 of each year, no person or vessel may fish with or 
possess anchored gillnet gear in the Cape Cod Bay Restricted Area 
unless that gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements listed in paragraph (d)(2) of this section, 
or unless the gear is stowed as specified in Sec.  229.2.
    (4) Great South Channel Restricted Gillnet Area--(i) Area. The 
Great South Channel Restricted Gillnet Area consists of the area 
bounded by lines connecting the following four points:

                     Table 18 to Paragraph (d)(4)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
GSC1............................  41[deg]02.2'       69[deg]02'
GSC2............................  41[deg]43.5'       69[deg]36.3'
GSC3............................  42[deg]10'         68[deg]31'
GSC4............................  41[deg]38'         68[deg]13'
------------------------------------------------------------------------

    (ii) Closure. From April 1 through June 30 of each year, no person 
or vessel may fish with or possess anchored gillnet gear in the Great 
South Channel Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (i) of this section and the gear 
or practices comply with those specifications, or unless the gear is 
stowed as specified in Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From July 1 
through March 31 of each year, no person or vessel may fish with or 
possess anchored gillnet gear in the Great South Channel Restricted 
Gillnet Area unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, the universal 
anchored gillnet gear requirements specified in paragraph (d)(1) of 
this section, and the area-specific requirements listed in paragraph 
(d)(2) of this section or unless the gear is stowed as specified in 
Sec.  229.2.
    (5) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points:

                     Table 19 to Paragraph (d)(5)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
GSCRA1..........................  41[deg]02.2'       69[deg]02'
GSCRA2..........................  41[deg]43.5'       69[deg]36.3'
GSCRA3..........................  41[deg]40'         69[deg]45'
GSCRA4..........................  41[deg]00'         69[deg]05'
------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Great South Channel Sliver Restricted Area unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal anchored gillnet gear requirements specified in 
paragraph (d)(1) of this section, and the area-specific requirements 
listed in paragraph (d)(2) of this section or unless the gear is stowed 
as specified in Sec.  229.2.
    (6) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as the Cape Cod 
Bay Restricted Area in paragraph (d)(3) of this section that lie south 
of 43[deg]15' N lat. and west of 70[deg]00' W long.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the area-specific 
requirements listed in paragraph (d)(2) of this section or unless the 
gear is stowed as specified in Sec.  229.2.
    (7) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all state and Federal U.S. 
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W 
long. south to 36[deg]33.03' N lat. and east to the eastern edge of the 
EEZ, with the exception of the Cape Cod Bay Restricted Area, Stellwagen 
Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted 
Gillnet Area,

[[Page 11981]]

Great South Channel Sliver Restricted Area, and exempted waters listed 
in paragraph (a)(3) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess anchored gillnet gear in the 
Other Northeast Gillnet Waters Area that overlaps an area from the 
U.S./Canada border south to a straight line from 41[deg]18.2' N lat., 
71[deg]51.5' W long. (Watch Hill Point, RI) south to 40[deg]00' N lat. 
and then east to the eastern edge of the EEZ, unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal anchored gillnet gear requirements specified in 
paragraph (d)(1) of this section, and the area-specific requirements 
listed in paragraph (d)(2) of this section or unless the gear is stowed 
as specified in Sec.  229.2.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
anchored gillnet gear in the Other Northeast Gillnet Waters Area that 
is south of a straight line from 41[deg]18.2' N lat., 71 [deg]51.5' W 
long. (Watch Hill Point, RI) south to 40[deg]00' N lat. and then east 
to the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal anchored gillnet gear requirements specified in paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(2) of this section or unless the gear is stowed as 
specified in Sec.  229.2.
    (8) Mid/South Atlantic Gillnet Waters--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the 
north from Long Island, NY, at 72[deg]30' W long. south to 
36[deg]33.03' N lat. and east to the eastern edge of the EEZ, and 
bounded on the south by 32[deg]00' N lat., and east to the eastern edge 
of the EEZ. When the Mid/South Atlantic Gillnet Waters Area overlaps 
the Southeast U.S. Restricted Area and its restricted period as 
specified in paragraphs (f)(1) and (2) of this section, then the 
closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) of this section applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with or possess anchored 
gillnet gear in the Mid/South Atlantic Gillnet Waters unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the following area 
specific requirements, or unless the gear is stowed as specified in 
Sec.  229.2. When the Mid/South Atlantic Gillnet Waters Area overlaps 
the Southeast U.S. Restricted Area and its restricted period as 
specified in paragraphs (f)(1) and (2) of this section, then the 
closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) of this section applies.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except gillnets, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak 
link placed as close to each individual buoy, flotation device and/or 
weight as operationally feasible and that meets the following 
specifications:
    (1) The weak link must be chosen from the following list approved 
by NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials 
or devices approved in writing by the Assistant Administrator. A 
brochure illustrating the techniques for making weak links is available 
from the Regional Administrator, NMFS, Greater Atlantic Region upon 
request.
    (2) The breaking strength of the weak links must not exceed 1,100 
lb (499.0 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this paragraph (d)(8)(ii)(A).
    (B) Net panel weak links. The weak link requirements apply to all 
variations in panel size. All net panels must contain weak links that 
meet the following specifications unless exempted under paragraph 
(a)(5) of this section:
    (1) The breaking strength for each of the weak links must not 
exceed 1,100 lb (499.0 kg).
    (2) The weak link must be chosen from the following list approved 
by NMFS: Plastic weak links or rope of appropriate breaking strength. 
If rope of appropriate breaking strength is used throughout the 
floatline then individual weak links are not required. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Greater Atlantic Region upon request.
    (3) Weak links must be placed in the center of the floatline of 
each gillnet net panel up to and including 50 fathoms (300 ft or 91.4 
m) in length, or at least every 25 fathoms (150 ft or 45.7 m) along the 
floatline for longer panels.
    (C) Additional anchoring system and net panel weak link 
requirements. All gillnets must return to port with the vessel unless 
the gear meets the following specifications:
    (1) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string 
with a burying anchor (an anchor that holds to the ocean bottom through 
the use of a fluke, spade, plow, or pick) having the holding capacity 
equal to or greater than a 22-lb (10.0-kg) Danforth-style anchor unless 
exempted under paragraph (a)(5) of this section. Dead weights do not 
meet this requirement. A brochure illustrating the techniques for 
rigging anchoring systems is available from the Regional Administrator, 
NMFS, Greater Atlantic Region upon request.
    (2) Net panel weak links. Net panel weak links must meet the 
specifications in this paragraph. The breaking strength of each weak 
link must not exceed 1,100 lb (499.0 kg). The weak link requirements 
apply to all variations in panel size. All net panels in a string must 
contain weak links that meet one of the following two configurations 
found in paragraph (d)(2)(ii)(A) or (B) of this section.
    (3) Additional provision for North Carolina. All gillnets set 300 
yards (274.3 m) or less from the shoreline in North Carolina must meet 
the anchoring system and net panel weak link requirements in paragraphs 
(d)(8)(ii)(C)(1) and (2) of this section, or the following:
    (i) The entire net string must be less than 300 yards (274.3 m) 
from shore.
    (ii) The breaking strength of each weak link must not exceed 600 lb 
(272.2 kg).The weak link requirements apply to all variations in panel 
size.
    (iii) All net panels in a string must contain weak links that meet 
one of the following two configuration specifications found in 
paragraph (d)(2)(ii)(A) or (B) of this section.
    (iv) Regardless of the number of net panels, all anchored gillnets 
must be secured at the offshore end of the net string with a burying 
anchor (an anchor that holds to the ocean bottom through the use of a 
fluke, spade, plow, or pick) having a holding capacity equal to or 
greater than an 8-lb (3.6-kg) Danforth-style anchor, and at the inshore 
end of the net string with a dead weight equal to or greater than 31 lb 
(14.1 kg).
    (e) Restrictions applicable to drift gillnet gear--(1) Cape Cod Bay 
Restricted Area--(i) Area. The Cape Cod Bay Restricted Area is bounded 
by the following points and on the south and

[[Page 11982]]

east by the interior shoreline of Cape Cod, Massachusetts.

                     Table 20 to Paragraph (e)(1)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
CCB1............................  41[deg]46.8'       70[deg]30'
CCB2............................  42[deg]12'         70[deg]30'
CCB3............................  42[deg]12'         70[deg]15'
CCB4............................  42[deg]04.8'       70[deg]10'
------------------------------------------------------------------------

    (ii) Closure. From January 1 through April 30 of each year, no 
person or vessel may fish with or possess drift gillnet gear in the 
Cape Cod Bay Restricted Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (e)(1)(i) of this section and the gear or 
practices comply with those specifications, or unless the gear is 
stowed as specified in Sec.  229.2. The Assistant Administrator may 
waive this closure for the remaining portion of the winter restricted 
period in any year through a notification in the Federal Register if 
NMFS determines that right whales have left the restricted area and are 
unlikely to return for the remainder of the season.
    (iii) Area-specific gear or vessel requirements. From May 1 through 
December 31 of each year, no person or vessel may fish with or possess 
drift gillnet gear in the Cape Cod Bay Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Cape Cod Bay Restricted Area unless that 
gear is tended, or unless the gear is stowed as specified in Sec.  
229.2. During that time, all drift gillnet gear set by that vessel in 
the Cape Cod Bay Restricted Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (2) Great South Channel Restricted Gillnet Area--(i) Area. The 
Great South Channel Restricted Gillnet Area consists of the area 
bounded by lines connecting the following four points:

                     Table 21 to Paragraph (e)(2)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
GSC1............................  41[deg]02.2'       69[deg]02'
GSC2............................  41[deg]43.5'       69[deg]36.3'
GSC3............................  42[deg]10'         68[deg]31'
GSC4............................  41[deg]38'         68[deg]13'
------------------------------------------------------------------------

    (ii) Closure. From April 1 through June 30 of each year, no person 
or vessel may set, fish with or possess drift gillnet gear in the Great 
South Channel Restricted Gillnet Area unless the Assistant 
Administrator specifies gear restrictions or alternative fishing 
practices in accordance with paragraph (i) of this section and the gear 
or practices comply with those specifications, or unless the gear is 
stowed as specified in Sec.  229.2.
    (iii) Area-specific gear or vessel requirements. From July 1 
through March 31 of each year, no person or vessel may fish with or 
possess drift gillnet gear in the Great South Channel Restricted 
Gillnet Area unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, or unless the 
gear is stowed as specified in Sec.  229.2. Additionally, no person or 
vessel may fish with or possess drift gillnet gear at night in the 
Great South Channel Restricted Gillnet Area unless that gear is tended, 
or unless the gear is stowed as specified in Sec.  229.2. During that 
time, all drift gillnet gear set by that vessel in the Great South 
Channel Restricted Gillnet Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (3) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points:

                     Table 22 to Paragraph (e)(3)(i)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
GSCRA1..........................  41[deg]02.2'       69[deg]02'
GSCRA2..........................  41[deg]43.5'       69[deg]36.3'
GSCRA3..........................  41[deg]40'         69[deg]45'
GSCRA4..........................  41[deg]00'         69[deg]05'
------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Great South Channel Sliver Restricted Gillnet Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Great South Channel Sliver Restricted Area 
unless that gear is tended, or unless the gear is stowed as specified 
in Sec.  229.2. During that time, all drift gillnet gear set by that 
vessel in the Great South Channel Sliver Restricted Area must be 
removed from the water and stowed on board the vessel before a vessel 
returns to port.
    (4) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated the Cape Cod Bay 
Restricted Area in paragraph (e)(1) of this section, that lie south of 
43[deg]15' N lat. and west of 70[deg]00' W long.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec.  
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Stellwagen Bank/Jeffreys Ledge Area unless 
that gear is tended, or unless the gear is stowed as specified in Sec.  
229.2. During that time, all drift gillnet gear set by that vessel in 
the Stellwagen Bank/Jeffreys Ledge Restricted Area must be removed from 
the water and stowed on board the vessel before a vessel returns to 
port.
    (5) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all state and Federal U.S. 
waters from the U.S./Canada border to Long Island, NY, at 72[deg]30' W 
long. south to 36[deg]33.03' N lat. and east to the eastern edge of the 
EEZ, with the exception of the Cape Cod Bay Restricted Area, Stellwagen 
Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted 
Gillnet Area, Great South Channel Sliver Restricted Area, and exempted 
waters listed in paragraph (a)(3) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No 
person or vessel may fish with or possess drift gillnet gear in the 
Other Northeast Gillnet Waters Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
or unless the gear is stowed as specified in Sec.  229.2. Additionally, 
no person or vessel may fish with or possess drift gillnet gear at 
night in the Other Northeast Gillnet Waters Area unless that gear is 
tended, or unless the gear is stowed as specified in Sec.  229.2. 
During that time, all drift gillnet gear set by that vessel in the 
Other Northeast Gillnet Waters Area must be removed from the water and 
stowed on board the vessel before a vessel returns to port.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
drift gillnet gear in the Other Northeast Gillnet Waters Area that is 
south of a straight line from 41[deg]18.2' N lat., 71[deg]51.5' W long. 
(Watch Hill Point, RI) south to 40[deg]00' N lat. and then east to the 
eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in

[[Page 11983]]

paragraph (b) of this section, or unless the gear is stowed as 
specified in Sec.  229.2. Additionally, no person or vessel may fish 
with or possess drift gillnet gear at night in the Other Northeast 
Gillnet Waters Area unless that gear is tended, or unless the gear is 
stowed as specified in Sec.  229.2. During that time, all drift gillnet 
gear set by that vessel in the Other Northeast Gillnet Waters Area must 
be removed from the water and stowed on board the vessel before a 
vessel returns to port.
    (6) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the 
north from Long Island, NY at 72[deg]30' W long. south to 36[deg]33.03' 
N lat. and east to the eastern edge of the EEZ, and bounded on the 
south by 32[deg]00' N lat., and east to the eastern edge of the EEZ. 
When the Mid/South Atlantic Gillnet Waters Area overlaps the Southeast 
U.S. Restricted Area and its restricted period as specified in 
paragraphs (f)(1) and (2) of this section, then the closure and 
exemption for the Southeast U.S. Restricted Area as specified in 
paragraph (f)(2) of this section applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with or possess drift 
gillnet gear at night in the Mid/South Atlantic Gillnet Waters Area 
unless:
    (A) The gear complies with gear marking requirements specified in 
paragraph (b) of this section;
    (B) The gear is tended; and
    (C) All gear is removed from the water and stowed on board the 
vessel before a vessel returns to port. No person or vessel may possess 
drift gillnet at night in the Mid/South Atlantic Gillnet Waters unless 
the gear is stowed as specified in Sec.  229.2. When the Mid/South 
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted 
Area and its restricted period as specified in paragraphs (f)(1) and 
(2) of this section, then the closure and exemption for the Southeast 
U.S. Restricted Area as specified in paragraph (f)(2) of this section 
applies.
    (f) Restrictions applicable to the Southeast U.S. Restricted Area--
(1) Area. The Southeast U.S. Restricted Area consists of the area 
bounded by straight lines connecting the following points in the order 
stated from south to north:

                      Table 23 to Paragraph (f)(1)
------------------------------------------------------------------------
              Point                     N lat.             W long.
------------------------------------------------------------------------
SERA1...........................  27[deg]51'         (\1\)
SERA2...........................  27[deg]51'         80[deg]00'
SERA3...........................  32[deg]00'         80[deg]00'
SERA4...........................  32[deg]36'         78[deg]52'
SERA5...........................  32[deg]51'         78[deg]36'
SERA6...........................  33[deg]15'         78[deg]24'
SERA7...........................  33[deg]27'         78[deg]04'
SERA8...........................  (\2\)              78[deg]33.9'
------------------------------------------------------------------------
\1\ Florida shoreline.
\2\ South Carolina shoreline.

    (i) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted 
Area N consists of the Southeast U.S. Restricted Area from 29[deg]00' N 
lat. northward.
    (ii) Southeast U.S. Restricted Area S. The Southeast U.S. 
Restricted Area S consists of the Southeast U.S. Restricted Area 
southward of 29[deg]00' N lat.
    (2) Restricted periods, closure, and exemptions--(i) Restricted 
periods. The restricted period for the Southeast U.S. Restricted Area N 
is from November 15 through April 15, and the restricted period for the 
Southeast U.S. Restricted Area S is from December 1 through March 31.
    (ii) Closure for gillnets. (A) Except as provided under paragraph 
(f)(2)(v) of this section, fishing with or possessing gillnet in the 
Southeast U.S. Restricted Area N during the restricted period is 
prohibited.
    (B) Except as provided under paragraphs (f)(2)(iii) and (iv) of 
this section, fishing with gillnet in the Southeast U.S. Restricted 
Area S during the restricted period is prohibited.
    (iii) Exemption for Southeastern U.S. Atlantic shark gillnet 
fishery. Fishing with gillnet for sharks with webbing of 5 inches (12.7 
cm) or greater stretched mesh is exempt from the restrictions under 
paragraph (f)(2)(ii)(B) of this section if:
    (A) The gillnet is deployed so that it encloses an area of water;
    (B) A valid commercial directed shark limited access permit has 
been issued to the vessel in accordance with 50 CFR 635.4(e) and is on 
board;
    (C) No net is set at night or when visibility is less than 500 
yards (1,500 ft, 460 m);
    (D) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
    (E) Each set is made under the observation of a spotter plane;
    (F) No gillnet is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (G) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear;
    (H) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section; and
    (I) The operator of the vessel calls the Southeast Fisheries 
Science Center Panama City Laboratory in Panama City, FL, not less than 
48 hours prior to departing on any fishing trip in order to arrange for 
observer coverage. If the Panama City Laboratory requests that an 
observer be taken on board a vessel during a fishing trip at any time 
from December 1 through March 31 south of 29[deg]00' N lat., no person 
may fish with such gillnet aboard that vessel in the Southeast U.S. 
Restricted Area S unless an observer is on board that vessel during the 
trip.
    (iv) Exemption for Spanish Mackerel component of the Southeast 
Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is 
exempt from the restrictions under paragraph (f)(2)(ii)(B) of this 
section from December 1 through December 31, and from March 1 through 
March 31 if:
    (A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4\7/8\ 
inches (12.4 cm) stretched mesh;
    (B) A valid commercial vessel permit for Spanish mackerel has been 
issued to the vessel in accordance with 50 CFR 622.4(a)(2)(iv) and is 
on board;
    (C) No person may fish with, set, place in the water, or have on 
board a vessel a gillnet with a float line longer than 800 yards (2,400 
ft, 732 m);
    (D) No person may fish with, set, or place in the water more than 
one gillnet at any time;
    (E) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm);
    (F) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends 
either when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water;
    (G) No net is set at night or when visibility is less than 500 
yards (1,500 ft, 460 m);
    (H) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);

[[Page 11984]]

    (I) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (J) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear; and
    (K) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements for anchored gillnets specified in 
paragraphs (d)(8)(ii)(A) through (D) of this section for the Mid/South 
Atlantic Gillnet Waters.
    (v) Exemption for vessels in transit with gillnet aboard. 
Possession of gillnet aboard a vessel in transit is exempt from the 
restrictions under paragraph (f)(2)(ii)(A) of this section if: All nets 
are covered with canvas or other similar material and lashed or 
otherwise securely fastened to the deck, rail, or drum; and all buoys, 
high flyers, and anchors are disconnected from all gillnets. No fish 
may be possessed aboard such a vessel in transit.
    (vi) Restrictions for trap/pot gear. Fishing with trap/pot gear in 
the Southeast U.S. Restricted Area N during the restricted period is 
allowed if:
    (A) Trap/pot gear is not fished in a trap/pot trawl;
    (B) All buoys or flotation devices are attached to the buoy line 
with a weak link that meets the requirements of paragraph (c)(2)(ii) of 
this section. The weak link has a maximum breaking strength of 600 lbs 
(272 kg) except in Florida State waters where the maximum breaking 
strength is 200 lbs (91kg);
    (C) The buoy line has a maximum breaking strength of 2,200 lbs (998 
kg) except in Florida State waters where the maximum breaking strength 
is 1,500 lbs (630 kg);
    (D) The entire buoy line must be free of objects (e.g., weights, 
floats, etc.) except where it attaches to the buoy and trap/pot;
    (E) The buoy line is made of sinking line;
    (F) The gear complies with gear marking requirements as specified 
in paragraph (b) of this section; and
    (G) Trap/pot gear that is deployed in the EEZ (as defined in Sec.  
600.10 of this title) is brought back to port at the conclusion of each 
fishing trip.
    (g) Restrictions applicable to the Other Southeast Gillnet Waters--
(1) Area. The Other Southeast Gillnet Waters Area includes all waters 
bounded by 32[deg]00' N lat. on the north (near Savannah, GA), 
26[deg]46.50' N lat. on the south (near West Palm Beach, FL), 
80[deg]00' W long. on the west, and the EEZ boundary on the east.
    (2) Closure for gillnets. Fishing with or possessing gillnet gear 
in the Other Southeast Gillnet Waters Area north of 29[deg]00' N lat. 
from November 15 through April 15 or south of 29[deg]00' N lat. from 
December 1 through March 31 is allowed if one of the following 
exemptions applies:
    (i) Exemption for Southeastern U.S. Atlantic shark gillnet fishery. 
Fishing with or possessing gillnet gear with webbing of 5 inches (12.7 
cm) or greater stretched mesh is allowed if:
    (A) The gear is marked as required in paragraph (b) of this 
section;
    (B) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale; and
    (C) The gear is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the 
set gear.
    (ii) Exemption for Southeast Atlantic gillnet fishery. Fishing with 
or possessing gillnet gear is allowed if:
    (A) The gear is marked as required in paragraph (b) of this 
section; or
    (B) The gear is fished south of 27[deg]51' N.
    (iii) Exemption for vessels in transit with gillnet aboard. 
Possession of gillnet gear aboard a vessel in transit is allowed if:
    (A) All nets are covered with canvas other similar material and 
securely fastened to the deck, rail, or drum; and
    (B) All buoys, high flyers, and anchors are disconnected from all 
gillnets.
    (h) Restrictions applicable to the Southeast U.S. Monitoring Area--
(1) Area. The Southeast U.S. Monitoring Area consists of the area from 
27[deg]51' N lat. (near Sebastian Inlet, FL) south to 26[deg]46.50' N 
lat. (near West Palm Beach, FL), extending from the shoreline or 
exemption line out to 80[deg]00' W long.
    (2) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery. Fishing with or possessing gillnet gear with webbing of 5 
inches (12.7 cm) or greater stretched mesh from December 1 through 
March 31 is allowed if:
    (i) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section;
    (ii) The vessel owner/operator is in compliance with the vessel 
monitoring system (VMS) requirements found in 50 CFR 635.69; and
    (iii) The vessel owner/operator and crew are in compliance with 
observer requirements found in Sec.  229.7.
    (3) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery vessels in transit. Possession of gillnet gear with webbing of 
5 inches (12.7 cm) or greater stretched mesh aboard a vessel in transit 
from December 1 through March 31 is allowed if:
    (i) All gear is stowed as specified in Sec.  229.2; and
    (ii) The vessel owner/operator is in compliance with the vessel 
monitoring system (VMS) requirements found in 50 CFR 635.69.
    (i) Other provisions. In addition to any other emergency authority 
under the Marine Mammal Protection Act, the Endangered Species Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, or other 
appropriate authority, the Assistant Administrator may take action 
under this section in the following situations:
    (1) Entanglements in critical habitat or restricted areas. If a 
serious injury or mortality of a right whale occurs in the Cape Cod Bay 
Restricted Area from January 1 through May 15, in the Great South 
Channel Restricted Area from April 1 through June 30, the Southeast 
U.S. Restricted Area N from November 15 to April 15, or the Southeast 
U.S. Restricted Area S from December 1 through March 31 as the result 
of an entanglement by trap/pot or gillnet gear allowed to be used in 
those areas and times, the Assistant Administrator shall close that 
area to that gear type (i.e., trap/pot or gillnet) for the rest of that 
time period and for that same time period in each subsequent year, 
unless the Assistant Administrator revises the restricted period in 
accordance with paragraph (i)(2) of this section or unless other 
measures are implemented under paragraph (i)(2) of this section.
    (2) Other special measures. The Assistant Administrator may, in 
consultation with the Take Reduction Team, revise the requirements of 
this section through a publication in the Federal Register if:

[[Page 11985]]

    (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.

[FR Doc. 2022-04391 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-22-P