Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6925 

652.247–70 [Amended] 

■ 125. In newly redesignated section 

652.247–70, in the introductory text, 

remove ‘‘642.1406–2–70(a)’’ and add 

‘‘647.305–70’’ in its place and remove 

the clause date ‘‘(JUL 1988)’’ and add in 

its place ‘‘(DATE)’’. 

652.247–71 [Amended] 

■ 126. In newly redesignated section 

652.247–71, in the introductory text, 

remove ‘‘642.1406–2–70(b)’’ and add 

‘‘647.305–71’’ in its place and remove 

the clause date ‘‘(DEC 1994)’’ and add 

in its place ‘‘(DATE)’’. 

Dated: December 23, 2014. 

Corey M. Rindner, 

Procurement Executive, Department of State. 

[FR Doc. 2014–30714 Filed 2–6–15; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222, 223, and 229 

[Docket No. 110812495–4999–03] 

RIN 0648–BB37 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Bottlenose Dolphin Take Reduction 

Plan; Sea Turtle Conservation; 

Modification to Fishing Activities 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) issues this 

final rule amending the Bottlenose 

Dolphin Take Reduction Plan (BDTRP) 

and its implementing regulations under 

the Marine Mammal Protection Act 

(MMPA). The rule requires the yearround use of modified pound net 

leaders for offshore Virginia pound nets 

in specified waters of the lower 

mainstem Chesapeake Bay and coastal 

state waters. Virginia pound net-related 

definitions, gear prohibitions, and nonregulatory measures are also finalized. 

This final rule is based on consensus 

recommendations of the Bottlenose 

Dolphin Take Reduction Team 

(BDTRT). For consistency, NMFS also 

amends current regulations and 

definitions for Virginia pound nets 

under the Endangered Species Act 

(ESA) for sea turtle conservation. 

DATES: This final rule is effective March 

11, 2015. 

ADDRESSES: The proposed rule, the 

BDTRP and its amendments, the BDTRT 

meeting summaries with consensus 

recommendations, and other 

background documents are available at 

www.regulations.gov, or the Take 

Reduction Team Web site: http://

www.nmfs.noaa.gov/pr/interactions/trt/

bdtrp.htm, or by submitting a request to 

Stacey Horstman (see FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Stacey Horstman, NMFS Southeast 

Region, Stacey.Horstman@noaa.gov, 

727–824–5312; Kristy Long, NMFS 

Office of Protected Resources, 

Kristy.Long@noaa.gov, 206–526–4792; 

or Carrie Upite, NMFS Greater Atlantic 

Region, Carrie.Upite@noaa.gov, 978– 

282–8475. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule amends: (1) The 

BDTRP and its implementing 

regulations at 50 CFR 229.2, 229.3, and 

229.35 in accordance with section 118(f) 

of the MMPA; and (2) current 

definitions and regulations issued under 

the ESA for sea turtle conservation at 50 

CFR 222.102, 223.205, and 223.206 

(d)(10). The BDTRP was originally 

published on April 26, 2006, and was 

amended on December 19, 2008, and 

July 31, 2012. NMFS is further 

amending the BDTRP to meet its 

MMPA-mandated goal of reducing 

incidental mortality and serious injury 

of strategic stocks of bottlenose dolphin 

from the Virginia pound net fishery. 

Regulations for this amendment are 

based on the BDTRT’s consensus 

recommendations, which are generally 

consistent with existing regulations 

enacted under the ESA for sea turtle 

conservation, with some revisions and 

updates. Therefore, amendments to the 

ESA sea turtle conservation regulations 

for the Virginia pound net fishery are 

finalized within the same rulemaking 

for consistency in definitions and 

regulations. 

Details regarding the development 

and justification of this final rule were 

provided in the preamble of the 

proposed rule (79 FR 21695; April 17, 

2014) and are not repeated here. 

Virginia Pound Net Fishing 

Requirements 

This final rule requires the year-round 

use of modified pound net leaders for 

offshore Virginia pound nets within the 

Bottlenose Dolphin Pound Net 

Regulated Area. It removes the landbased inspection program for modified 

pound net leaders under the ESA. 

Instead, under both the MMPA and 

ESA, it requires fishermen to attend a 

one-time compliance training before 

setting modified pound net leaders and 

to keep on board the vessel a valid 

modified pound net leader compliance 

training certificate issued by NMFS. The 

rule also requires that all three sections 

of pound net gear (leader, heart, and 

pound) be fished at the same time with 

the exception of a continuous 10-day 

period to deploy, remove, and/or repair 

gear. Virginia pound net-related 

definitions are added for effective 

implementation of the regulatory 

measures, including hard lay lines, 

modified pound net leader, nearshore 

pound net, offshore pound net, and 

pound net. Lastly, non-regulatory 

measures are finalized under the BDTRP 

including outreach and coordination to 

help with compliance and monitoring of 

regulatory measures for the Virginia 

pound net fishery. 

Comments on the Proposed Rule and 

Responses 

NMFS received five comment letters 

on the proposed rule via email or 

www.regulations.gov. One comment 

letter was received from multiple 

organizations, including The Humane 

Society of the United States, Whale and 

Dolphin Conservation, Oceana, and 

Center for Biological Diversity. Other 

comment letters were received from the 

Marine Mammal Commission, one 

Virginia pound net fisherman, and two 

citizens. The comments are summarized 

below under Regulatory or NonRegulatory Changes. NMFS’ response 

follows each comment. 

Comments on Regulatory Changes 

Comment 1: Four comment letters, 

including one from multiple 

environmental organizations, expressed 

general support for the proposed rule 

and recommended NMFS adopt the 

measures as proposed. 

Response: We appreciate the 

commenters’ support, and we are 

finalizing these measures as proposed. 

Comment 2: One comment letter from 

multiple environmental organizations 

expressed concern over the delay from 

when the BDTRT’s consensus 

recommendations were received in 

September 2009 to when NMFS 

published the proposed rule. The letter 

references requirements in section 

118(f)(7)(B)(i) of the MMPA that 

publication of proposed take reduction 

plans and amendments must occur no 

later than 60 days after the take 

reduction team submits them to NMFS. 

The letter also expressed concern that 

this delay needlessly delayed 

conservation measures meant to protect 

bottlenose dolphins. 


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6926 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

Response: We acknowledge and regret 

the extensive delay from the time when 

the BDTRT provided us with their 

recommendations to when the proposed 

rule was published. There were many 

unforeseen factors that contributed to 

the delay. However, some important 

conservation benefits were immediately 

provided for protected species despite 

the delay. 

Immediately following the September 

2009 BDTRT meeting and as 

recommended by the Team, we sent the 

Virginia Marine Resources Commission 

(VMRC) a letter with the BDTRT’s 

recommendations to reduce bottlenose 

dolphin serious injury and mortality 

from the Virginia pound net fishery. 

After receiving our letter, the VMRC 

promptly held public hearings and 

related meetings to discuss similar state 

regulations for the fishery. We sent the 

VMRC a follow-up comment letter 

supporting their actions and requested 

they adopt the BDTRT’s 

recommendations. The VMRC 

subsequently enacted two regulations 

on December 18, 2009 and July 16, 2010 

for the pound net fishery based in part 

on the BDTRT’s recommendations. 

Importantly, the regulation issued in 

December 2009 required fishermen 

using offshore pound nets in the 

Virginia tidal waters east of the 

Chesapeake Bay Bridge Tunnel to use a 

modified leader year-round. This 

includes the area in the southern 

portion of Chesapeake Bay near 

Lynnhaven Inlet where the majority 

(77%) of dolphin entanglements in 

pound net leaders were documented. 

The state regulation issued in July 2010 

required fishermen using offshore nets 

in the sea turtle Pound Net Regulated 

Area I to use modified leaders from May 

6 through July 31. This provided an 

additional two weeks of conservation 

benefits in this area than were required 

at the time under the ESA sea turtle 

conservation regulations. Bottlenose 

dolphin stranding data confirm a 

conservation benefit to dolphins from 

the enactment of these state regulations. 

When comparing stranding data for the 

two-years immediately before (2008– 

2009) and after (2010–2011) the state’s 

2010 regulations, there was a 64% 

decrease in the total average annual 

number of bottlenose dolphin 

interactions with pound nets in the 

regulated waters. Additional regulations 

are still needed however to help ensure 

pound net entanglements do not cause 

mortality or serious injury of bottlenose 

dolphins to exceed the Potential 

Biological Removal (PBR) level for 

affected stock(s), especially the 

Northern North Carolina Estuarine 

System Stock. 

Comment 3: One comment letter from 

multiple environmental organizations 

stated that the BDTRP is not meeting its 

MMPA-mandated goals for take 

reduction plans because mortality and 

serious injury levels of some stocks of 

bottlenose dolphins exceeds PBR levels 

and greatly exceeds the long-term goal. 

Amending the BDTRP with the 

proposed Virginia pound net regulations 

was stated as a minimally needed step 

in achieving required goals. 

Furthermore, this amendment was 

viewed as especially important given 

the Unusual Mortality Event declared 

for the Atlantic United States’ coast in 

July 2013, currently resulting in the loss 

of over 1,300 bottlenose dolphins, of 

which the greatest losses have occurred 

in Virginia. 

Response: We agree that this 

amendment is necessary to further 

reduce bottlenose dolphin serious injury 

and mortality for Virginia pound net 

gear and to help the BDTRP meet its 

required goals. We recognize there are 

some stocks of bottlenose dolphins from 

which mortality and serious injury from 

commercial fishing gear is likely 

exceeding that stock’s PBR. As required 

by the MMPA, we are continuing to 

monitor the implementation of the 

BDTRP and will convene the BDTRT as 

needed to develop recommendations to 

help further reduce mortality and 

serious injury of dolphin stock(s). 

Within the past year, we convened the 

BDTRT three times to provide us with 

recommendations for reducing mortality 

and serious injury to bottlenose 

dolphins from commercial gillnet gear 

in North Carolina specifically, and the 

North Carolina Division of Marine 

Fisheries has implemented all of the 

BDTRT’s regulatory recommendations 

from each of these meetings. These 

regulatory measures in North Carolina 

also provide conservation benefit to 

some of the same stocks affected by 

Virginia pound net gear. We will 

continue to implement the BDTRT’s 

recommendations, as resources allow, to 

help meet required goals. 

Comment 4: One pound net fisherman 

expressed concern about the need to 

change their offshore pound net 

leader(s) from a traditional to a modified 

leader and claimed a loss of $30–40,000 

from this change. 

Response: We acknowledge that any 

fisherman who has to modify pound net 

leaders as a result of this rule will incur 

additional operating costs if 

replacement gear is required. We 

calculated the one-time initial cost to 

change an offshore pound net leader 

from a traditional to a modified leader 

as $7,068 per leader. Because nets need 

to be routinely replaced due to normal 

use, the subsequent increase in costs 

would be equal to the difference in cost 

between a traditional and a modified 

leader, or $1,650. The economic 

analysis provided in the proposed rule 

concluded that all entities expected to 

be directly affected by this rule were 

expected to already use modified 

leaders in these areas even if not 

required during certain times of the year 

because: (1) Of the added expense in 

maintaining both leader types and 

switching out the gear when modified 

leaders were not required; and (2) 

absence of demonstrated differences in 

harvest rates between nets using 

traditional versus modified leaders to 

offset the added gear costs. As stated 

earlier, all identified entities expected to 

be directly affected by this rule are 

expected to currently possess modified 

leaders and increased gear costs were 

not identified in the comment as a 

contributor to the estimated loss of 

$30,000 to $40,000. Therefore, if the 

comment refers to anticipated losses 

other than from harvest reductions, 

specific gear-related increased costs 

would be limited to permanently 

changing leaders and not the purchase 

of new leaders. We acknowledge that, 

despite research findings showing no 

significant differences between catch 

from traditional versus modified 

leaders, this result may not apply to all 

fishermen who have different fishing 

preferences, skills, and behaviors. 

Although this loss may be consistent 

with the experience of this fisherman, it 

would be inconsistent with the best 

scientific information available. 

Therefore, we believe these effects are 

overstated and would also not be 

expected to accrue to other fishermen. 

Comments on Non-Regulatory Changes 

Comment 5: One commenter 

recommended NMFS continue to 

monitor for evidence of protected 

species bycatch in Virginia pound net 

leaders to evaluate the effectiveness of 

the rule once it is implemented. 

Response: We agree, and will 

continue to monitor protected species 

entanglement and stranding data to 

assess the effectiveness of the rule at 

reducing sea turtle and bottlenose 

dolphin interactions with Virginia 

pound net gear. We will also monitor 

entanglement and stranding data to 

assess whether additional amendments 

to the BDTRP or sea turtle conservation 

regulations are needed. 

Comment 6: One commenter raised 

concerns that enforcement of the 

proposed regulations would be difficult 

without: (1) Including specific 


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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6927 

information on how violations of the 

regulations would be assessed; and (2) 

requesting additional funding to support 

collaborative on-water enforcement. 

Response: We agree that enforcement 

of regulations is important. However, 

we do not include specific details in 

regulations, such as how violations will 

be assessed, because the MMPA and 

ESA have statutory and regulatory 

requirements for establishing 

appropriate penalties. Federal agents 

and State officers authorized under 

Cooperative Enforcement Agreements 

monitor compliance and investigate 

potential violations of the statutes and 

regulations enforced by NOAA. In 

general, when an investigating agent or 

officer identifies a statutory or 

regulatory violation, they may pursue 

one of several available options, 

depending on the nature and 

seriousness of the violation. We often 

rely on partnerships with State officers 

to assist in enforcing regulations, such 

as with this regulation and the 

collaborative on-water monitoring and 

enforcement with the state of Virginia 

discussed in the proposed rule. When 

fiscal year budget appropriations are 

provided, we carefully consider all 

program and management needs to 

prioritize potential funding available to 

support enforcement-related needs. 

Comment 7: One commenter 

expressed that NMFS should collaborate 

with commercial fishermen affected by 

these regulations and marine mammal 

experts. 

Response: We agree, and included on 

the BDTRT are Virginia pound net and 

other commercial fishermen, as well as 

experts in the conservation or biology of 

marine mammal species as required 

under section 118(f)(6)(C) of the MMPA. 

The BDTRT provided us with consensus 

recommendations to reduce mortality 

and serious injury of dolphins from 

Virginia pound net gear. This regulation 

is based on their recommendations. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

determination was published in the 

proposed rule and is not repeated here. 

One comment was received regarding 

the expected economic effects of the 

proposed rule. This comment is 

addressed in the comments and 

response section of this final rule. The 

comment stated that this rule would 

have a larger economic effect on the 

fishing operation of the commenter than 

described in the proposed rule. No other 

comments were received that 

challenged the economic analysis 

provided, and the information provided 

in the comment is inconsistent with the 

best scientific information available 

regarding the catch efficiency of pound 

net gear using different leaders. 

Although not an issue raised through 

public comment, subsequent to 

publication of the proposed rule, NMFS 

reconsidered its analysis with respect to 

the appropriate universe of affected 

entities. In the proposed rule, NMFS 

identified 16 entities upon which the 

proposed rule would directly apply, or 

less than one percent of the estimated 

3,000 licensed commercial finfish 

fishermen in Virginia. The basis for 

consideration of the 16 entities within 

the context of the 3,000 licensed 

fishermen was consideration that the 16 

entities use multiple gears in addition to 

pound nets to harvest saltwater species 

and the species they harvested with 

their pound nets are also commonly, 

and for some species primarily, 

harvested by other fishermen within the 

3,000 licensed fishermen, who also fish 

with multiple gears. As a result, in the 

original analysis, these 16 entities were 

considered part of the general 

commercial finfish industry and not 

sufficiently distinct to be considered a 

separate industry. Even if NMFS 

considered this component to be a 

distinct fishing sector and, as a result, 

this rule would be expected to directly 

apply to 100 percent of the entities in 

the sector, the outcome would be the 

same, because of the absence of 

expected adverse economic effects on 

these entities. As noted in the proposed 

rule, all fishermen using an offshore 

pound net are expected to already be 

using the modified pound net leaders 

required by this final rule for three main 

reasons: (1) The modified pound net 

leaders are currently required yearround or seasonally within the BDPNRA 

by state or federal regulations; (2) 

research on the catch efficiency of 

modified pound net leaders within the 

BDPNRA showed no significant 

differences in harvest weight for the 

species analyzed when compared to 

using traditional leaders; and (3) 

incurring the costs associated with 

maintaining two types of leaders and 

switching the gear when modified 

leaders were not required by either 

current state or federal regulations 

would not make rational economic 

sense given the absence of 

improvements in catch efficiency. 

Traditional leaders installed on offshore 

pound nets were calculated to cost 

$5,418 to make and install/remove. 

Maintaining and using both types of 

leaders (i.e., traditional and modified) 

would require expenditure of this cost, 

in addition to the cost of making a 

modified leader, as well as labor costs 

of switching leaders. If harvest and 

revenue is not increased by switching to 

the traditional leader, as demonstrated 

by available research, then bearing these 

additional gear and labor costs would be 

unjustified. Thus, even though this final 

rule will require the use of modified 

pound net leaders on offshore pound 

nets year-round in the BDPRNA, all 

fishermen who will be potentially 

affected are expected to currently use 

modified leaders when using pound 

nets in this area. Additionally, no 

fisherman who may have previously 

switched leaders over the course of the 

year, as suggested by the one public 

comment, is expected to incur 

significant adverse economic effects 

because switching leaders will no longer 

be allowed as a result of this final rule. 

Therefore, the available information is 

sufficient to support a certification that 

this rule will not have a significant 

adverse economic impact on a 

substantial number of small entities. As 

a result, a final regulatory flexibility 

analysis was not required and none was 

prepared. 

NMFS determined this action is 

consistent to the maximum extent 

practicable with the enforceable policies 

of the Virginia Coastal Zone 

Management Program. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act on April 17, 2014. The 

Commonwealth of Virginia concurred 

with the consistency determination in a 

letter dated May 8, 2014. 

This action contains policies with 

federalism implications that were 

sufficient to warrant preparation of a 

federalism summary impact statement 

under Executive Order 13132 and a 

federalism consultation with officials in 

the Commonwealth of Virginia. 

Accordingly, the Assistant Secretary for 

Legislative and Intergovernmental 

Affairs provided notice of the proposed 

action to the appropriate officials in 

Virginia. The Commonwealth of 

Virginia did not respond. 

The final rule does not contain 

collection-of-information requirements 

subject to the Paperwork Reduction Act. 

The sea turtle conservation regulations 

have a current Paperwork Reduction Act 

collection requirement in place (OMB 

control number 0648–0559) for the 


rljohnson on DSK67QTVN1PROD with RULES
6928 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

inspection program. This final rule 

removes that collection of information 

requirement. 

List of Subjects 

50 CFR Part 222 

Endangered and threatened species, 

Exports, and Reporting and 

recordkeeping requirements. 

50 CFR Part 223 

Endangered and threatened species, 

Exports, and Transportation. 

50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Marine 

mammals, Reporting and record keeping 

requirements. 

Dated: February 3, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR parts 222, 223, and 

229 are amended as follows: 

PART 222—GENERAL ENDANGERED 

AND THREATENED MARINE SPECIES 

■ 1. The authority citation for part 222 

continues to read as follows: 

Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 

742a et seq. 

■ 2. In § 222.102: 

■ A. The definition for ‘‘Hard lay lines’’ 

is added in alphabetical order; 

■ B. The definition for ‘‘Modified pound 

net leader’’ is revised; 

■ C. The definitions for ‘‘Nearshore 

pound net leader or nearshore pound 

net’’, ‘‘Offshore pound net leader or 

offshore pound net’’, and ‘‘Pound net’’ 

are added in alphabetical order; and 

■ D. The definitions for ‘‘Pound net 

leader,’’ ‘‘Pound Net Regulated Area I,’’ 

and ‘‘Pound Net Regulated Area II’’ are 

revised. 

The additions and revisions read as 

follows: 

§ 222.102 Definitions. 

* * * * * 

Hard lay lines mean lines that are at 

least as stiff as 5⁄16 inch (0.8 cm) 

diameter line composed of polyester 

wrapped around a blend of 

polypropylene and polyethylene and 42 

visible twists of strands per foot of line. 

* * * * * 

Modified pound net leader means a 

pound net leader that is affixed to or 

resting on the sea floor and made of a 

lower portion of mesh and an upper 

portion of only vertical lines such that 

the mesh size is equal to or less than 8 

inches (20.3 cm) stretched mesh; at any 

particular point along the leader, the 

height of the mesh from the seafloor to 

the top of the mesh must be no more 

than one-third the depth of the water at 

mean lower low water directly above 

that particular point; the mesh is held 

in place by a bottom chain that forms 

the lowermost part of the pound net 

leader; the vertical lines extend from the 

top of the mesh up to a top line, which 

is a line that forms the uppermost part 

of the pound net leader; the vertical 

lines are equal to or greater than 5⁄16

inch (0.8 cm) in diameter and strung 

vertically at a minimum of every 2 feet 

(61 cm); and the vertical lines are hard 

lay lines. 

Nearshore pound net leader or 

nearshore pound net means a pound net 

with every part of the leader (from the 

most offshore pole at the pound end of 

the leader to the most inshore pole of 

the leader) in less than 14 feet (4.3 m) 

of water at any tidal condition. 

* * * * * 

Offshore pound net leader or offshore 

pound net means a pound net with any 

part of the leader (from the most 

offshore pole at the pound end of the 

leader to the most inshore pole of the 

leader) in water greater than or equal to 

14 feet (4.3 m) at any tidal condition. 

* * * * * 

Pound net means a fixed entrapment 

gear attached to posts or stakes with 

three continuous sections from offshore 

to inshore consisting of: 

(1) A pound made of mesh netting 

that entraps the fish; 

(2) At least one heart made of a mesh 

netting that is generally in the shape of 

a heart and aids in funneling fish into 

the pound; and 

(3) A leader, which is a long, straight 

element consisting of mesh or vertical 

lines that directs the fish offshore 

towards the pound. 

Pound net leader means a long 

straight net that directs fish offshore 

towards the pound, an enclosure that 

captures the fish. Some pound net 

leaders are all mesh, while others have 

stringers and mesh. Stringers, also 

known as vertical lines, are spaced a 

regular distance apart and are not 

crossed by other lines to form mesh. 

Pound Net Regulated Area I means 

Virginia waters of the mainstem 

Chesapeake Bay and the portion of the 

James River seaward of the Hampton 

Roads Bridge Tunnel (Interstate 

Highway-64) and the York River 

seaward of the Coleman Memorial 

Bridge (Route 17), bounded to the south 

and east by the Chesapeake Bay Bridge 

Tunnel (Route 13; extending from 

approximately 37°07′ N. lat., 75°58′ W. 

long. to 36°55′ N. lat., 76°08′ W. long.), 

and to the north by the following points 

connected by straight lines and in the 

order listed: 

Point Area description 

1 ........... Where 37°19.0′ N. lat. meets the 

shoreline of the Severn River 

fork, near Stump Point, Virginia 

(western portion of Mobjack 

Bay), which is approximately 

76°26.75′ W. long. 

2 ........... 37°19.0′ N. lat., 76°13.0′ W. long. 

3 ........... 37°13.0′ N. lat., 76°13.0′ W. long. 

4 ........... Where 37°13.0′ N. lat. meets the 

eastern shoreline of Chesapeake Bay, Virginia, near Elliotts 

Creek, which is approximately 

76°00.75′ W. long. 

Pound Net Regulated Area II means 

Virginia waters of the Chesapeake Bay 

outside of Pound Net Regulated Area I, 

bounded by the Maryland-Virginia State 

line to the north and by the COLREGS 

line at the mouth of the Chesapeake Bay 

and 37°07′ N. lat. between Kiptopeke 

and Smith Island, Northampton County, 

Virginia to the south and east. This area 

includes the Great Wicomico River 

seaward of the Jessie Dupont Memorial 

Highway Bridge (Route 200), the 

Rappahannock River downstream of the 

Robert Opie Norris Jr. Bridge (Route 3), 

the Piankatank River downstream of the 

Route 3 Bridge, and all other tributaries 

within these boundaries. 

* * * * * 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 3. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531 1543; subpart B, 

§ 223.201–202 also issued under 16 U.S.C. 

1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

■ 4. In § 223.205, paragraphs (b)(17) 

through (b)(20) are revised to read as 

follows: 

§ 223.205 Sea turtles. 

* * * * * 

(b) * * * 

(17) Set, fish with, or fail to remove 

a modified pound net leader in Pound 

Net Regulated Area I or Pound Net 

Regulated Area II defined in 50 CFR 

222.102 and referenced in 50 CFR 

223.206(d)(10) at any time from May 6 

through July 15 unless the pound net 

licensee and the vessel operator meet 

the modified pound net leader 

compliance training requirements in 

accordance with § 223.206(d)(10)(vii). 

(18) Alter or replace any portion of a 

modified pound net leader so that the 


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Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6929 

altered or replaced portion no longer 

meets the modified pound net leader 

definition in 50 CFR 222.102, unless 

that alteration or replacement occurs 

outside the regulated period of May 6 

through July 15. 

(19) Set, fish with, or fail to remove 

a modified pound net leader at any time 

from May 6 through July 15 in Pound 

Net Regulated Area I or Pound Net 

Regulated Area II unless the fisherman 

has on board the vessel a valid modified 

pound net leader compliance training 

certificate issued by NMFS. 

(20) Set, fish with, or fail to remove 

pound net gear in Pound Net Regulated 

Area I or Pound Net Regulated Area II, 

unless it has the all three continuous 

sections as defined in 50 CFR 222.102, 

except that one or more sections may be 

missing for a maximum period of 10 

days for purposes of setting, removing, 

and/or repairing pound nets. 

* * * * * 

■ 5. In § 223.206, paragraph (d)(10)(vii) 

is revised to read as follows: 

§ 223.206 Exemptions to prohibitions 

relating to sea turtles. 

* * * * * 

(d) * * * 

(10) * * * 

(vii) Modified pound net leader 

compliance training. Any pound net 

licensee and any vessel operator who 

have modified pound net leaders set in 

Pound Net Regulated Area I or Pound 

Net Regulated Area II at any time from 

May 6 through July 15 must have 

completed modified pound net leader 

compliance training and possess on 

board the vessel a valid modified pound 

net leader compliance training 

certificate issued by NMFS. NMFS 

retains discretion to provide exemptions 

in limited circumstances where 

appropriate. Notice will be given by 

NMFS announcing the times and 

locations of modified pound net leader 

compliance training. 

* * * * * 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

■ 6. The authority citation for part 229 

continues to read as follows: 

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

§ 229.32(f) also issued under 16 U.S.C. 1531 

et seq. 

■ 7. In § 229.2, the definitions ‘‘Hard lay 

lines,’’ ‘‘Modified pound net leader,’’ 

‘‘Nearshore pound net,’’ ‘‘Offshore 

pound net,’’ and ‘‘Pound net’’ are added 

in alphabetical order to read as follows: 

§ 229.2 Definitions. 

* * * * * 

Hard lay lines mean lines that are at 

least as stiff as 5⁄16 inch (0.8 cm) 

diameter line composed of polyester 

wrapped around a blend of 

polypropylene and polyethylene and 42 

visible twists of strands per foot of line. 

* * * * * 

Modified pound net leader means a 

pound net leader that is affixed to or 

resting on the sea floor and made of a 

lower portion of mesh and an upper 

portion of only vertical lines such that 

the mesh size is equal to or less than 8 

inches (20.3 cm) stretched mesh; at any 

particular point along the leader, the 

height of the mesh from the seafloor to 

the top of the mesh must be no more 

than one-third the depth of the water at 

mean lower low water directly above 

that particular point; the mesh is held 

in place by a bottom chain that forms 

the lowermost part of the pound net 

leader; the vertical lines extend from the 

top of the mesh up to a top line, which 

is a line that forms the uppermost part 

of the pound net leader; the vertical 

lines are equal to or greater than 5⁄16

inch (0.8 cm) in diameter and strung 

vertically at a minimum of every 2 feet 

(61 cm); and the vertical lines are hard 

lay lines. 

Nearshore pound net means a pound 

net with every part of the leader (from 

the most offshore pole at the pound end 

of the leader to the most inshore pole of 

the leader) in less than 14 feet (4.3 m) 

of water at any tidal condition. 

* * * * * 

Offshore pound net means a pound 

net with any part of the leader (from the 

most offshore pole at the pound end of 

the leader to the most inshore pole of 

the leader) in water greater than or equal 

to 14 feet (4.3 m) at any tidal condition. 

* * * * * 

Pound net means a fixed entrapment 

gear attached to posts or stakes with 

three continuous sections from offshore 

to inshore consisting of: 

(1) A pound made of mesh netting 

that entraps the fish; 

(2) At least one heart made of a mesh 

netting that is generally in the shape of 

a heart and aids in funneling fish into 

the pound; and 

(3) A leader, which is a long, straight 

element consisting of mesh or vertical 

lines that directs the fish offshore 

towards the pound. 

* * * * * 

■ 8. In § 229.3 paragraph (s) is revised 

to read as follows: 

§ 229.3 Prohibitions. 

* * * * * 

(s) General Bottlenose Dolphin Take 

Reduction Plan. (1) It is prohibited to 

set, fish with, or possess on board a 

vessel unless stowed, or fail to remove, 

any gillnet or pound net from the waters 

specified in § 229.35(c) unless the gear 

complies with the specified restrictions 

set forth in § 229.35(d). 

(2) It is prohibited to set, fish with, or 

fail to remove a modified pound net 

leader in the Bottlenose Dolphin Pound 

Net Regulated Area unless the 

fisherman has on board the vessel a 

valid modified pound net leader 

compliance training certificate issued by 

NMFS. 

* * * * * 

■ 9. In § 229.35 paragraphs (a) and (c) 

are revised, a definition for ‘‘Bottlenose 

Dolphin Pound Net Regulated Area’’ is 

added to paragraph (b), and paragraph 

(d)(2)(ii) is added to read as follows: 

§ 229.35 Bottlenose Dolphin Take 

Reduction Plan. 

(a) Purpose and scope. The purpose of 

this section is to implement the 

Bottlenose Dolphin Take Reduction 

Plan (BDTRP) to reduce incidental 

mortality and serious injury of strategic 

stocks of bottlenose dolphins within the 

Western North Atlantic coastal 

morphotype in specific Category I and II 

commercial fisheries from New Jersey 

through Florida. Specific Category I and 

II commercial fisheries within the scope 

of the BDTRP are indentified and 

updated in the annual List of Fisheries. 

Gear restricted by this section includes 

small, medium, and large mesh gillnets 

and pound nets. The geographic scope 

of the BDTRP is all tidal and marine 

waters within 6.5 nautical miles (12 km) 

of shore from the New York-New Jersey 

border southward to Cape Hatteras, 

North Carolina, and within 14.6 nautical 

miles (27 km) of shore from Cape 

Hatteras, southward to, and including 

the east coast of Florida down to the 

fishery management council 

demarcation line between the Atlantic 

Ocean and the Gulf of Mexico (as 

described in § 600.105 of this title). 

(b) * * * 

Bottlenose Dolphin Pound Net 

Regulated Area means all Virginia 

marine waters of the Atlantic Ocean 

within 3 nautical miles (5.56 km) of 

shoreline and all adjacent tidal waters, 

bounded on the north by 38°01.6′ N. 

(Maryland/Virginia border) and on the 

south by 36°33′ N (Virginia/North 

Carolina border); and all southern 

Virginia waters of the mainstem 

Chesapeake Bay bounded on the south 

and west by the Hampton Roads Bridge 

Tunnel across the James River and the 

Coleman Memorial Bridge across the 

York River; and north and east by the 


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6930 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

following points connected by straight 

lines in the order listed: 

Point Area description 

1 ........... Where 37°19.0′ N. lat. meets the 

shoreline of the Severn River 

fork, near Stump Point, Virginia 

(western portion of Mobjack 

Bay), which is approximately 

76°26.75′ W. long. 

2 ........... 37°19.0′ N. lat., 76°13.0′ W. long. 

3 ........... 37°13.0′ N. lat., 76°13.0′ W. long. 

4 ........... Where 37°13.0′ N. lat. meets the 

eastern shoreline of Chesapeake Bay, Virginia, near Elliotts 

Creek, which is approximately 

76°00.75′ W. long. 

* * * * * 

(c) BDTRP Regulated Waters—(1) 

Gillnets. The regulations pertaining to 

gillnets in this section apply to New 

Jersey, Delaware, and Maryland State 

waters; Northern North Carolina State 

waters; Northern Virginia State waters; 

South Carolina, Georgia, and Florida 

waters; Southern North Carolina State 

waters; and Southern Virginia State 

waters as defined in § 229.35(b), except 

for the waters identified in 

§ 229.34(a)(2), with the following 

modification and addition. From 

Chincoteague to Ship Shoal Inlet in 

Virginia (37° 52′ N. 75° 24.30′ W. to 37° 

11.90′ N. 75° 48.30′ W) and South 

Carolina, Georgia, and Florida waters, 

those 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 the National Oceanic and 

Atmospheric Administration (Coast 

Charts 1:80,000 scale), and as described 

in 33 CFR part 80 are excluded from the 

regulations. 

(2) Pound nets. The regulations 

pertaining to pound nets in this section 

apply to the Bottlenose Dolphin Pound 

Net Regulated Area. 

(d) * * * 

(2) * * * 

(ii) Pound nets. (A) Year-round, any 

offshore pound net in the Bottlenose 

Dolphin Pound Net Regulated Area 

must use a modified pound net leader. 

(B) Year-round, any nearshore and 

offshore pound nets set in the 

Bottlenose Dolphin Pound Net 

Regulated Area must have all three 

continuous sections as defined in 50 

CFR 229.2, except that one or more 

sections may be missing for a maximum 

period of 10 days for purposes of 

setting, removing, and/or repairing 

pound nets. 

(C) The pound net licensee and the 

vessel operator of any offshore pound 

net set in the Bottlenose Dolphin Pound 

Net Regulated Area must have 

completed modified pound net leader 

compliance training and possess on 

board the vessel a valid modified pound 

net leader compliance training 

certificate issued by NMFS. NMFS 

retains discretion to provide exemptions 

in limited circumstances where 

appropriate. Notice will be given by 

NMFS announcing the times and 

locations of modified pound net leader 

compliance training. 

* * * * * 

[FR Doc. 2015–02607 Filed 2–6–15; 8:45 am] 

BILLING CODE 3510–22–P 


rljohnson on DSK67QTVN1PROD with RULES