#### § 229.33 Harbor Porpoise Take Reduction Plan Regulations—New England.

(a) *Restrictions* —

(1) *Northeast Closure Area* —

(i) *Area restrictions.* From August 15 through September 13, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Northeast Closure Area. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described and used as set forth in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Northeast Closure Area is bounded by straight lines connecting the following points in the order stated:

Northeast Closure Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| NE1 | 44°27.3′ | 68°55.0′ (ME shoreline) |
| NE2 | 43°29.6′ | 68°55.0′ |
| NE3 | 44°04.4′ | 67°48.7′ |
| NE4 | 44°06.9′ | 67°52.8′ |
| NE5 | 44°31.2′ | 67°02.7′ |
| NE6 | 44°45.8′ | 67°02.7′ (ME shoreline) |

(2) *Mid-Coast Management Area* —

(i) *Area restrictions.* From September 15 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Mid-Coast Management Area, unless the gillnet gear is equipped with pingers in accordance with [paragraphs (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) and [(c)](/on/2024-09-20/title-50/section-229.33#p-229.33(c)) of this section. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described and used as set forth in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Mid-Coast Management Area is the area bounded by straight lines connecting the following points in the order stated:

Mid-Coast Management Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| MC1 | 42°30.0′ | 70°50.1′ (MA shoreline) |
| MC2 | 42°30.0′ | 70°15.0′ |
| MC3 | 42°40.0′ | 70°15.0′ |
| MC4 | 42°40.0′ | 70°00.0′ |
| MC5 | 43°00.0′ | 70°00.0′ |
| MC6 | 43°00.0′ | 69°30.0′ |
| MC7 | 43°30.0′ | 69°30.0′ |
| MC8 | 43°30.0′ | 69°00.0′ |
| MC9 | 44°17.8′ | 69°00.0′ (ME shoreline) |

(3) *Massachusetts Bay Management Area* —

(i) *Area restrictions.* From November 1 through February 28/29 and from April 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massachusetts Bay Management Area, unless the gillnet gear is equipped with pingers in accordance with [paragraphs (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) and [(c)](/on/2024-09-20/title-50/section-229.33#p-229.33(c)) of this section. From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massachusetts Bay Management Area. These restrictions do not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Massachusetts Bay Management Area is bounded by straight lines connecting the following points in the order stated:

Massachusetts Bay Management Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| MB1 | 42°30.0′ | 70°50.1′ (MA shoreline) |
| MB2 | 42°30.0′ | 70°30.0′ |
| MB3 | 42°15.0′ | 70°30.0′ |
| MB4 | 42°15.0′ | 70°00.0′ |
| MB5 | 42°00.0′ | 70°00.0′ |
| MB6 | 42°00.0′ | 70°01.2′ (MA shoreline) |
| MB7 | 42°00.0′ | 70°04.8′ (MA shoreline) |
| MB8 | 42°00.0′ | 70°42.2′ (MA shoreline) |

(4) *Stellwagen Bank Management Area* —

(i) *Area restrictions.* From November 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Stellwagen Bank Management Area, unless the gillnet gear is equipped with pingers in accordance with [paragraphs (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) and [(c)](/on/2024-09-20/title-50/section-229.33#p-229.33(c)) of this section. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Stellwagen Bank Management Area is bounded by straight lines connecting the following points in the order stated:

Stellwagen Bank Management Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| SB1 | 42°30.0′ | 70°30.0′ |
| SB2 | 42°30.0′ | 70°15.0′ |
| SB3 | 42°15.0′ | 70°15.0′ |
| SB4 | 42°15.0′ | 70°30.0′ |
| SB1 | 42°30.0′ | 70°30.0′ |

(5) *Southern New England Management Area* —

(i) *Area restrictions.* From December 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Southern New England Management Area, unless the gillnet gear is equipped with pingers in accordance with [paragraphs (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) and [(c)](/on/2024-09-20/title-50/section-229.33#p-229.33(c)) of this section. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Southern New England Management Area is bounded by straight lines connecting the following points in the order stated:

Southern New England Management Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| SNE1 | Western boundary as specified1. | |
| SNE2 | 40°00.0′ | 72°30.0′ |
| SNE3 | 40°00.0′ | 69°30.0′ |
| SNE4 | 42°15.0′ | 69°30.0′ |
| SNE5 | 42°15.0′ | 70°00.0′ |
| SNE6 | 41°58.3′ | 70°00.0′ (MA shoreline) |
| | | |
| --- | --- | --- |
| 1 Bounded on the west by a line running from the Rhode Island shoreline at 41°18.2′ N. lat. and 71°51.5′ W. long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point, Fishers Island, NY; and from Race Point, Fishers Island, NY; southeasterly to the intersection of the 3-nautical mile line east of Montauk Point; southwesterly along the 3-nautical mile line to the intersection of 72°30.0′ W. long. | | |

(6) *Cape Cod South Closure Area* —

(i) *Area restrictions.* From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cape Cod South Closure Area. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Cape Cod South Closure Area is bounded by straight lines connecting the following points in the order stated:

Cape Cod South Closure Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| CCS1 | 41°19.6′ | 71°45.0′ (RI shoreline) |
| CCS2 | 40°40.0′ | 71°45.0′ |
| CCS3 | 40°40.0′ | 70°30.0′ |
| CCS4 | 41°20.9′ | 70°30.0′ |
| CCS5 | 41°23.1′ | 70°30.0′ |
| CCS6 | 41°33.1′ | 70°30.0′ (MA shoreline) |

(7) *Offshore Management Area* —

(i) *Area restrictions.* From November 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Offshore Management Area, unless the gillnet gear is equipped with pingers in accordance with [paragraphs (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) and [(c)](/on/2024-09-20/title-50/section-229.33#p-229.33(c)) of this section. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Offshore Management Area is bounded by straight lines connecting the following points in the order stated:

Offshore Management Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| OFS1 | 42°50.0′ | 69°30.0′ |
| OFS2 | 43°10.0′ | 69°10.0′ |
| OFS3 | 43°10.0′ | 67°40.0′ |
| OFS4 | 43°05.8′ | 67°40.0′ (EEZ boundary) |
| OFS5 | 42°53.1′ | 67°44.5′ (EEZ boundary) |
| OFS6 | 42°47.3′ | 67°40.0′ (EEZ boundary) |
| OFS7 | 42°10.0′ | 67°40.0′ |
| OFS8 | 42°10.0′ | 69°30.0′ |
| OFS1 | 42°50.0′ | 69°30.0′ |

(8) *Cashes Ledge Closure Area* —

(i) *Area restrictions.* During the month of February, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cashes Ledge Closure Area. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in [§ 648.81(f)(2)(ii) of this title](/on/2024-09-20/title-50/section-648.81#p-648.81(f)(2)(ii))).

(ii) *Area boundaries.* The Cashes Ledge Closure Area is bounded by straight lines connecting the following points in the order stated:

Cashes Ledge Closure Area

| Point | N. Lat. | W. Long. |
| --- | --- | --- |
| CL1 | 42°30.0′ | 69°00.0′ |
| CL2 | 42°30.0′ | 68°30.0′ |
| CL3 | 43°00.0′ | 68°30.0′ |
| CL4 | 43°00.0′ | 69°00.0′ |
| CL1 | 42°30.0′ | 69°00.0′ |

(b) *Pingers* —

(1) *Pinger specifications.* For the purposes of this subpart, a pinger is an acoustic deterrent device which, when immersed in water, broadcasts a 10 kHz (plus or minus 2 kHz) sound at 132 dB (plus or minus 4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds (plus or minus 15 milliseconds), and repeating every 4 seconds (plus or minus 0.2 seconds).

(2) *Pinger attachment.* An operating and functional pinger must be attached at each end of a string of gillnets and at the bridle of every net, or every 300 feet (91.4 m or 50 fathoms), whichever is closer.

(c) *Pinger training and authorization.* The operator of a vessel may not fish with, set, haul back, possess on board a vessel unless stowed in accordance with [§ 229.2](/on/2024-09-20/title-50/section-229.2), or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies in closed areas where pingers are required as specified under [paragraph (b)](/on/2024-09-20/title-50/section-229.33#p-229.33(b)) of this section, unless the operator has satisfactorily received pinger training and possesses and retains on board the vessel a valid pinger training authorization issued by NMFS.

(d) [Reserved]

(e) *Research permits.* An exemption to the requirements set forth in this section may be acquired for the purposes of conducting scientific or gear research within the restricted areas described in this section. A scientific research permit must be acquired through NMFS's existing permit application process, administered by NMFS.

(f) *Other special measures.* The Assistant Administrator may, after consultation with the Take Reduction Team, revise the requirements of this section through notification published in the Federal Register if:

(1) NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch below the stock's PBR level.

(2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level.

[[75 FR 7396](https://www.federalregister.gov/citation/75-FR-7396), Feb. 19, 2010, as amended at [78 FR 61826](https://www.federalregister.gov/citation/78-FR-61826), Oct. 4, 2013]