Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14345 

Leesburg Pike; Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by one of the methods described 

above. We will post all comments on 

http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(for more information, see the 

Information Requested section of the 

March 11, 2015, proposed rule at 80 FR 

12846). 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ricks, Field Supervisor, U.S. 

Fish and Wildlife Service, Mississippi 

Field Office, 6578 Dogwood View 

Parkway, Jackson, MS 39213; telephone: 

601–321–1122; facsimile: 601–965– 

4340. If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: In a 

proposed rule that published in the 

Federal Register on March 11, 2015, at 

80 FR 12846, the ADDRESSES section 

provided the wrong address for the 

submission of hard-copy comments. The 

corrected ADDRESSES section appears 

above. 

Dated: March 16, 2015. 

Tina A. Campbell, 

Chief, Division of Policy, Performance, and 

Management Programs, U.S Fish and Wildlife 

Service. 

[FR Doc. 2015–06302 Filed 3–18–15; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

RIN 0648–BE53 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Seismic Surveys in Cook 

Inlet, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On February 23, 2015, the 

NMFS published its proposed 

rulemaking to govern the take of marine 

mammals, by harassment, incidental to 

conducting a marine geophysical 

(seismic) survey in Cook Inlet, Alaska 

from March 1, 2015 to February 29, 

2020. The Federal Register document 

indicated that written comments are due 

by March 25, 2015. However, in 

response to a request to extend the 

public comment period, NMFS has 

decided to extend the public comment 

period by an additional 15 calendar 

days. 

DATES: NMFS has extended the public 

comment period published on February 

23, 2015 (80 FR 9509) to April 9, 2015. 

NMFS must receive written comments 

and information on or before April 9, 

2015. 

ADDRESSES: Address comments on the 

application to Jolie Harrison, 

Supervisor, Incidental Take Program, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910. The mailbox address for 

providing email comments is 

ITP.Young@noaa.gov. Please include 

0648–BE53 in the subject line. 

Comments sent via email to ITP.Young@

noaa.gov, including all attachments, 

must not exceed a 25-megabyte file size. 

NMFS is not responsible for email 

comments sent to addresses other than 

the one provided here. 

Instructions: All submitted comments 

are a part of the public record and 

NMFS will post them to http://

www.nmfs.noaa.gov/pr/permits/

incidental.htm#applications without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: Sara 

Young, NMFS, Office of Protected 

Resources, NMFS (301) 427–8484. 

SUPPLEMENTARY INFORMATION: Sections 

101(a)(5)(A) and (D) of the MMPA (16 

U.S.C. 1361 et seq.) direct the Secretary 

of Commerce to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

On February 23, 2015, NMFS 

published a Federal Register notice (80 

FR 9509, February 23, 2015) announcing 

proposed issuance of regulations to 

Apache Alaska Corporation (Apache) to 

take marine mammals, by harassment 

incidental to conducting a seismic 

survey in Cook Inlet, Alaska March 1, 

2015 through February 29, 2020. The 

30-day public comment period for the 

Federal Register notice (80 FR 9509, 

February 23, 2015) ends on March 25, 

2015. 

This is the first time that NMFS has 

proposed to issue regulations for 

harassment incidental to a seismic 

survey in Cook Inlet, Alaska. 

On March 2, 2015, the Natural 

Resource Defense Council requested an 

extension of the public comment period 

to aid in their review of the proposed 

rulemaking. NMFS has considered the 

request and will extend the comment 

period to April 9, 2015. This extension 

provides a total of 45 days for public 

input and continuing Federal agency 

reviews to inform NMFS’ final decision 

to issue or deny the regulations. 

NMFS refers the reader to the 

February 23, 2015, notice of proposed 

regulations (80 FR 9509, February 23, 

2015) for background information 

concerning the proposed rulemaking as 

this notice does not repeat the 

information here. For additional 

information about Apache’s request and 

the environmental analyses, please visit 

the Web site at: http://

www.nmfs.noaa.gov/pr/permits/

incidental.htm#applications. 

Dated: March 11, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–06342 Filed 3–18–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 150122067–5229–01] 

RIN 0648–BE83 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to amend the 

regulations implementing the Atlantic 

Large Whale Take Reduction Plan. This 

action proposes to change the minimum 

number of traps per trawl to allow 

fishing with a single trap in certain 

Massachusetts and Rhode Island state 


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14346 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 

waters; and proposes to modify the 

requirement to use one endline on 

trawls within certain areas in 

Massachusetts state waters. NMFS also 

proposes a 1⁄4 mile buffer in waters 

surrounding certain islands in Maine to 

allow fishing with a single trap. In 

addition, NMFS proposes additional 

gear marking requirements for those 

waters allowing single traps as well as 

two new high use areas for humpback 

whales (Megaptera novaeangliae) and 

North Atlantic right whales (Eubalaena 

glacialis). 

DATES: Submit comments on or before 

April 20, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2015–0127, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

1. Go to www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0127, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, 

3. Enter or attach your comments. 

• Mail: Submit written comments to 

Kim Damon-Randall, Assistant Regional 

Administrator for Protected Resources, 

NMFS Greater Atlantic Region, 55 Great 

Republic Dr., Gloucester, MA 01930, 

Attn: Large Whale Proposed Rule. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails, NMFS Greater Atlantic Regional 

Fisheries Office, 978–282–8481, 

Kate.Swails@noaa.gov; or, Kristy Long, 

NMFS Office of Protected Resources, 

206–526–4792, Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the Plan and the take reduction 

planning process can be downloaded 

from the Plan Web site at http://

www.greateratlantic.fisheries.noaa.gov/

protected/whaletrp/index.html. The 

complete text of the regulations 

implementing the Plan can be found in 

the Code of Federal Regulations (CFR) at 

50 CFR 229.32 or downloaded from the 

Web site, along with a guide to the 

regulations. The draft Environmental 

Assessment for this action is also 

available online. 

Background 

NMFS published an amendment to 

the Atlantic Large Whale Take 

Reduction Plan (Plan) on June 27, 2014 

(79 FR 36586) to address large whale 

entanglement risks associated with 

vertical line (or buoy lines) from 

commercial trap/pot fisheries. This 

amendment included gear 

modifications, gear setting 

requirements, a seasonal closure 

(Massachusetts Restricted Area) and 

gear marking for both the trap/pot and 

the gillnet fisheries. 

In consultation with the Atlantic 

Large Whale Take Reduction Team 

(Team), we developed protocols for 

considering modifications or 

exemptions to the regulations 

implementing the Plan. Following these 

protocols, on August 18, 2014, the 

Massachusetts Division of Marine 

Fisheries (DMF) submitted a proposal to 

modify the Massachusetts Bay 

Restricted Area and exempted several 

areas from the gear setting requirements 

to address safety and economic 

concerns raised by their industry 

members. 

The DMF proposal adequately 

addressed the protocols and criteria 

established by the Team for considering 

modifications or exemptions to the 

Plan’s regulations enabling us to consult 

with the Team. We decided to address 

the modifications to the Massachusetts 

Restricted Area and the exemption of 

the minimum number of traps per trawl 

requirements separately, beginning with 

the Massachusetts Restricted Area. After 

discussions with the Team, NMFS 

published an amendment to the Plan on 

December 12, 2014 (79 FR 73848) 

changing the timing and size of the 

Massachusetts Restricted Area. 

Along with the DMF proposal we also 

received proposals from other state 

partners requesting certain waters be 

exempt from the minimum number of 

traps per trawl requirements due to 

safety concerns. The conservation 

members of the Team also submitted a 

proposal in an effort to offset this 

potential increase in vertical lines 

should NMFS approve the proposed 

state exemptions. NMFS convened the 

team in January 2015 to discuss these 

proposals. At the conclusion of the 

January meeting, the Team, by near 

consensus, recommended that we 

amend the Plan as proposed by the 

states. The Team also recommended 

that the current gear marking scheme be 

updated to include unique marks for 

those fishing singles in the proposed 

exempted areas and a unique mark for 

both gillnets and trap/pots fished in 

Jeffreys Ledge and Jordan Basin. This 

recommendation forms the basis for the 

proposed alternative described below. 

Changes Proposed to the Plan for Trap/ 

Pot Gear 

This action proposes to exempt Rhode 

Island state waters and portions of 

Massachusetts state waters from the 

minimum number of traps per trawl 

requirement and allow singles to be 

fished in certain state waters (see 

Figures 1 and 2, respectively). This 

exemption is based on safety and 

financial concerns raised by the 

industry. In addition, in Rhode Island 

state waters and portions of 

Massachusetts state waters (particularly 

in Southern Massachusetts waters) the 

co-occurrence of fishing effort and 

whale distribution is minimal. 

According to DMF along the Outer Cape 

there are dynamic tides and featureless 

substrate that dictate the use of single 

traps in this area. Massachusetts also 

has a student lobster permit that allows 

for permit holders to fish alone and with 

small boats. Single traps are used in this 

fishery and other inshore waters as a 

matter of safety. 

In addition, those fishing in all 

Massachusetts state waters would be 

required to have one endline for trawls 

less than and equal to three traps. The 

current requirement of one endline for 

trawls less than or equal to five traps 

remains in place in all other 

management areas. Larger trawls (i.e., > 

5 traps/pots) will not be required to 

have only one endline. 

An exemption from the minimum 

number of traps per trawl requirement 

is also proposed for a 1⁄4 mile buffer in 

waters surrounding the following 

islands in Maine—Matinicus Island 

Group (Metinic, Small Green, Large 

Green, Seal, and Wooden Ball) and Isle 

of Shoals Island Group (Duck, 

Appledore, Cedar, and Smuttynose). 

Boats within this 1⁄4 mile buffer would 

be allowed to continue fishing single 

traps rather than multiple trap trawls 

due to safety issues since these waters 

are generally less than 30 fathoms deep 

with rocky edges and boats fishing close 

to shore areas are usually small. A 

similar exemption for the inhabited 

islands of Monhegan, Matinicus, and 

Ragged Islands was established in the 

June 2014 rule. The proposed islands in 

this rule have the same bottom habitat 

as the previously exempt islands and 

many residents from many island 


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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14347 

communities fish around these islands. 

Similarly, the New Hampshire side of 

the Isle of Shoals group was also exempt 

from the minimum number of traps per 

trawl requirement in the June 2014 rule. 

Allowing the islands in the chain that 

fall on the Maine side of the border to 

have the same exemption would 

provide parity to fishermen using 

islands on both sides of the border. 

Maine Department of Marine Resources 

(ME DMR) estimates that the fishing 

effort within the proposed buffer areas 

is small (0.3% of total vertical lines in 

the Northeast), consists of around 20 

fishermen and has peak use in the 

summer months. In addition, ME DMR 

is pursuing funding for aerial surveys 

that would determine the use of marine 

mammals in these coastal areas as well 

as document the gear density. 

Changes Proposed to the Plan for Gear 

Marking 

This action proposes to implement a 

gear marking scheme that builds off the 

current color combinations and the size 

and frequency of the current gear 

marking requirements. In an effort to 

learn if entanglements occur in these 

newly exempted areas, this action 

proposes to add a unique gear mark to 

those single vertical lines fished in the 

exempted areas of Rhode Island, 

Massachusetts, and Matinicus Island 

Group, Maine. Also, this action 

proposes unique trap/pot and gillnet 

gear marking in two important high use 

areas for both humpback and right 

whales—Jeffreys Ledge (Figure 3) and 

Jordan Basin (Figure 4). The mark must 

equal 12-inches (30.5 cm) in length and 

buoy lines must be marked three times 

(top, middle, bottom) with the 

appropriate unique color combination 

for that area. 

NMFS proposes a phased-in 

implementation of the new gear 

marking. Industry would have 30 days 

from publication of the final rule to 

mark gear fished in the newly exempted 

areas and 90 days from publication of 

the final rule to mark gear in Jeffreys 

Ledge and Jordan Basin areas. 

Classification 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

This proposed rule contains collection 

of information requirements subject to 

the Paperwork Reduction Act (PRA), 

specifically, the marking of fishing gear. 

The collection of information 

requirement was approved by OMB 

under control number (0648–0364). 

Public comment is sought regarding 

whether this proposed collection of 

information is necessary for the proper 

performance and function of the agency, 

including: The practical utility of the 

information; the accuracy of the burden 

estimate; the opportunities to enhance 

the quality, utility, and clarity of the 

information to be collected; and the 

ways to minimize the burden of the 

collection of information, including the 

use of automated collection techniques 

or other forms of information 

technology. Send comments regarding 

this burden estimate, or any other aspect 

of this data collection, including 

suggestions for reducing the burden, to 

NMFS (see ADDRESSES) and by email to 

OIRA_Submission@omb.eop.gov, or fax 

to (202) 395–7285. 

This revision to the collection of 

information requirement applies to a 

total of 399 vessels. The estimated 

number of vessels affected by the overall 

gear marking provisions in the Plan is 

4,008. The estimated number of those 

vessels affected only by the proposed 

amendment is 399. Model vessel types 

were developed for gillnet fisheries, 

lobster trap/pot fisheries, and other 

trap/pot fisheries. Total burden hours 

for all affected vessels in the Plan are 

35,571 hours over three years or 11,857 

hours per year. Total cost burden for all 

affected vessels in the Plan is $24,758 

over three years or $8,253 per year. The 

total cost burden for those vessels 

affected by the proposed amendment is 

$3,450 over three years or $1,150 per 

year. For more information, please see 

the PRA submission associated with this 

rulemaking. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid Office of Management 

and Budget (OMB) Control Number. 

As required by the Regulatory 

Flexibility Act, NMFS prepared an 

initial regulatory flexibility analysis 

(IRFA) for this proposed rule; a 

summary of the IRFA follows. 

A description of the reasons why this 

action is being considered, its 

objectives, and the legal basis for this 

proposed action can be found in the 

Summary section and earlier in the 

Supplementary Information section of 

this proposed rule, and are not repeated 

here. This proposed rule would not 

duplicate, overlap, or conflict with any 

other federal rules. 

The small entities affected by this 

proposed rule are commercial gillnet 

and trap/pot fishermen. The geographic 

range of the proposed rule is the 

Northeast Atlantic waters. By changing 

the minimum number of traps per trawl 

requirement to allow singles, in the 

lobster trap/pot fishery, there are 

potentially 182 vessels that would be 

affected. Additionally, in the other trap/ 

pot fisheries, there are potentially 123 

vessels that would be affected. All 

vessels are assumed to be small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Alternatives were evaluated using 

model vessels, each of which represents 

a group of vessels that share similar 

operating characteristics and would face 

similar requirements under a given 

regulatory alternative. Both an upper 

and lower bound of annual economic 

savings for lobster and other trap/pot 

were analyzed. A summary of analysis 

describing the potential range of savings 

resulting from allowing singles to be 

fished follows: 

1. NMFS considered a ‘‘no action’’ or 

status quo alternative (Alternative 1) 

that would result in no changes to the 

current measures under the Plan and, as 

such, would result in no additional 

economic effects on the fishing 

industry. 

2. Alternative 2 would modify the 

Plan by allowing the use of single traps 

in Rhode Island state waters, in most 

Massachusetts state waters, and some 

waters around Maine Islands. This 

change would constitute an exemption 

to the minimum two-trap-per-trawl 

requirement specified for these areas 

under the 2014 vertical line rulemaking. 

Those who until now have fished 

singles in these areas would avoid the 

costs associated with converting their 

gear from singles to doubles, and would 

also avoid other possible costs, such as 

a loss in revenue due to a reduction in 

catch. The proposed action also revises 

gear marking requirements that would 

apply to vessels fishing in waters that 

would be exempt from trawling 

requirements, as well as to vessels 

fishing in two additional regions (Jordan 

Basin and Jeffreys Ledge). The changes 

would require the use of colors that 

would differentiate gear set in these 

areas from gear fished in other waters. 

NMFS has determined, however, that 

the marking requirements would 

introduce minimal additional burden 

for the affected vessels; thus, a 

substantial increase in compliance costs 

is unlikely. The proposed rule does not 

include any other reporting, 

recordkeeping, or compliance 

requirements. 

Overall, the economic impacts of the 

preferred alternative results in a vessel 

cost savings that would equal or range 

from $163,200 to $345,700 for lobster 

trap/pot vessels and $257,000 to 

$512,500 for other trap/pot vessels 

when compared to the no action 


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14348 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 

alternative, resulting in a largely 

positive impact. 

NMFS has determined that this action 

is consistent to the maximum extent 

practicable with the approved coastal 

management programs of 

Massachusetts. This determination was 

submitted for review by the responsible 

state agency under section 307 of the 

Coastal Zone Management Act. 

This proposed rule contains policies 

with federalism implications as that 

term is defined in Executive Order 

13132. Accordingly, the Assistant 

Secretary for Legislative and 

Intergovernmental Affairs will provide 

notice of the proposed action to the 

appropriate official(s) of affected state, 

local, and/or tribal governments. 

BILLING CODE 3510–22–P 


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Figure 1. Proposed Rhode Island Exempted Waters 

Legend 

0 2.5 5 10 

I I I I I I I 

Nautical Miles 

Rhode Island Slate Waters 
14350 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 


Rmajette on DSK2VPTVN1PROD with PROPOSALSEP19MR15.009</GPH>

Figure 2. Proposed Massachusetts Exempted Waters 

0 5 10 20 

I I I I I I I I I ! 

Nautical Miles /f4.. 
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14351 


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Figure 3. Proposed Jeffreys Ledge Area for Trap/Pot and Gillnet 

Gear Marking 

0 5 10 

Jeffreys Ledge Gear Marking Area 
14352 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 


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Figure 4. Proposed Jordan Basin Area for Trap/Pot and Gillnet 

Gear Marking 
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14353 

BILLING CODE 3510–22–C 

List of Subjects in 50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Marine 

mammals, Reporting and recordkeeping 

requirements. 

Dated: March 12, 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 part 229 is proposed 

to be amended to read as follows: 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

■ 1. The authority citation for 50 CFR 

part 229 continues to read as follows: 

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

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

et seq. 

■ 2. In § 229.32, paragraphs (a)(3)(iii), 

and (a)(6), and (b) are revised to read as 

follows: 

§ 229.32 Atlantic large whale take 

reduction plan regulations. 

* * * * * 

(a) * * * 

(3) Exempted waters. (i) The 

regulations in this section do not apply 

to waters landward of the 72 COLREGS 

demarcation lines (International 

Regulations for Preventing Collisions at 

Sea, 1972), as depicted or noted on 

nautical charts published by the 

National Oceanic and Atmospheric 

Administration (Coast Charts 1:80,000 

scale), and as described in 33 CFR part 

80 with the exception of the COLREGS 

lines for Casco Bay (Maine), Portsmouth 

Harbor (New Hampshire), Gardiners Bay 

and Long Island Sound (New York), and 

the state of Massachusetts. 

(ii) Other exempted waters. 

Maine 

The regulations in this section do not 

apply to waters landward of a line 

connecting the following points 

(Quoddy Narrows/US-Canada border to 

Odiornes Pt., Portsmouth, New 

Hampshire): 

44°49.67′ N. lat., 66°57.77′ W. long. (R 

N ‘‘2’’, Quoddy Narrows) 

44°48.64′ N. lat., 66°56.43′ W. long. (G 

‘‘1’’ Whistle, West Quoddy Head) 

44°47.36′ N. lat., 66°59.25′ W. long. (R 

N ‘‘2’’, Morton Ledge) 

44°45.51′ N. lat., 67°02.87′ W. long. (R 

‘‘28M’’ Whistle, Baileys Mistake) 

44°37.70′ N. lat., 67°09.75′ W. long. 

(Obstruction, Southeast of Cutler) 

44°27.77′ N. lat., 67°32.86′ W. long. 

(Freeman Rock, East of Great Wass 

Island) 

44°25.74′ N. lat., 67°38.39′ W. long. (R 

‘‘2SR’’ Bell, Seahorse Rock, West of 

Great Wass Island) 

44°21.66′ N. lat., 67°51.78′ W. long. (R 

N ‘‘2’’, Petit Manan Island) 

44°19.08′ N. lat., 68°02.05′ W. long. (R 

‘‘2S’’ Bell, Schoodic Island) 

44°13.55′ N. lat., 68°10.71′ W. long. (R 

‘‘8BI’’ Whistle, Baker Island) 

44°08.36′ N. lat., 68°14.75′ W. long. 

(Southern Point, Great Duck Island) 

43°59.36′ N. lat., 68°37.95′ W. long. (R 

‘‘2’’ Bell, Roaring Bull Ledge, Isle Au 

Haut) 

43°59.83′ N. lat., 68°50.06′ W. long. (R 

‘‘2A’’ Bell, Old Horse Ledge) 

43°56.72′ N. lat., 69°04.89′ W. long. (G 

‘‘5TB’’ Bell, Two Bush Channel) 

43°50.28′ N. lat., 69°18.86′ W. long. (R 

‘‘2 OM’’ Whistle, Old Man Ledge) 

43°48.96′ N. lat., 69°31.15′ W. long. (GR 

C ‘‘PL’’, Pemaquid Ledge) 

43°43.64′ N. lat., 69°37.58′ W. long. (R 

‘‘2BR’’ Bell, Bantam Rock) 

43°41.44′ N. lat., 69°45.27′ W. long. (R 

‘‘20ML’’ Bell, Mile Ledge) 

43°36.04′ N. lat., 70°03.98′ W. long. (RG 

N ‘‘BS’’, Bulwark Shoal) 

43°31.94′ N. lat., 70°08.68′ W. long. (G 

‘‘1’’, East Hue and Cry) 

43°27.63′ N. lat., 70°17.48′ W. long. (RW 

‘‘WI’’ Whistle, Wood Island) 

43°20.23′ N. lat., 70°23.64′ W. long. (RW 

‘‘CP’’ Whistle, Cape Porpoise) 

43°04.06′ N. lat., 70°36.70′ W. long. (R 

N ‘‘2MR’’, Murray Rock) 

43°02.93′ N. lat., 70°41.47′ W. long. (R 

‘‘2KR’’ Whistle, Kittery Point) 

43°02.55′ N. lat., 70°43.33′ W. long. 

(Odiornes Pt., Portsmouth, New 

Hampshire) 

New Hampshire 

New Hampshire state waters are 

exempt from the minimum number of 

traps per trawl requirement in 

paragraph (c)(2)(iii) of this section. 

Harbor waters landward of the following 

lines are exempt from all the regulations 

in this section. 

A line from 42°53.691′ N. lat., 

70°48.516′ W. long. to 42°53.516′ N. 

lat., 70°48.748′ W. long. (Hampton 

Harbor) 

A line from 42°59.986′ N. lat., 

70°44.654′ W. long. to 42°59.956′ N., 

70°44.737′ W. long. (Rye Harbor) 

Rhode Island 

Rhode Island state waters are exempt 

from the minimum number of traps per 

trawl requirement in paragraph 

(c)(2)(iii) of this section. Harbor waters 

landward of the following lines are 

exempt from all the regulations in this 

section. 

A line from 41°22.441′ N. lat., 

71°30.781′ W. long. to 41°22.447′ N. 

lat., 71°30.893′ W. long. (Pt. Judith 

Pond Inlet) 

A line from 41°21.310′ N. lat., 

71°38.300′ W. long. to 41°21.300′ N. 

lat., 71°38.330′ W. long. (Ninigret 

Pond Inlet) 

A line from 41°19.875′ N. lat., 

71°43.061′ W. long. to 41°19.879′ N. 

lat., 71°43.115′ W. long. 

(Quonochontaug Pond Inlet) 

A line from 41°19.660′ N. lat., 

71°45.750′ W. long. to 41°19.660′ N. 

lat., 71°45.780′ W. long. (Weekapaug 

Pond Inlet) 

New York 

The regulations in this section do not 

apply to waters landward of a line that 

follows the territorial sea baseline 

through Block Island Sound (Watch Hill 

Point, RI, to Montauk Point, NY). 

Massachusetts 

The regulations in this section do not 

apply to waters landward of the first 

bridge over any embayment, harbor, or 

inlet in Massachusetts. The following 

Massachusetts state waters are exempt 

from the minimum number of traps per 

trawl requirement in paragraph 

(c)(2)(iii) of this section: 

Massachusetts state waters in LMA 1 

and Outer Cape north and east of Cape 

Cod from 0–3 miles from shore and 

including a portion of waters east of the 

line connecting the following points: 

41.925° N, 70.147° W and 41.792° N, 

70.319° W 

Massachusetts state waters in LMA 2 

and Outer Cape south of 41.67°40′ N 

and west of 70.0°00′ W to the Rhode 

Island border 

South Carolina 

The regulations in this section do not 

apply to waters landward of a line 

connecting the following points from 

32°34.717′ N. lat., 80°08.565′ W. long. to 

32°34.686′ N. lat., 80°08.642′ W. long. 

(Captain Sams Inlet) 

* * * * * 

(6) Island buffer. Those fishing in 

waters within 1⁄4 mile of the following 

Maine islands are exempt from the 

minimum number of traps per trawl 

requirement in paragraph (c)(2)(iii) of 

this section: Monhegan Island, 

Matinicus Island Group (Metinic Island, 

Small Green Island, Large Green Island, 

Seal Island, Wooden Ball Island, 

Matinicus Island, Ragged Island) and 

Isle of Shoals Island Group (Duck 

Island, Appledore Island, Cedar Island, 

Smuttynose Island). 

(b) Gear marking requirements—(1) 

Specified areas. The following areas are 

specified for gear marking purposes: 


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14354 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 

Northern Inshore State Trap/Pot Waters, 

Cape Cod Bay Restricted Area, 

Massachusetts Restricted Area, 

Stellwagen Bank/Jeffreys Ledge 

Restricted Area, Northern Nearshore 

Trap/Pot Waters Area, Great South 

Channel Restricted Trap/Pot Area, Great 

South Channel Restricted Gillnet Area, 

Great South Channel Sliver Restricted 

Area, Southern Nearshore Trap/Pot 

Waters Area, Offshore Trap/Pot Waters 

Area, Other Northeast Gillnet Waters 

Area, Mid/South Atlantic Gillnet Waters 

Area, Other Southeast Gillnet Waters 

Area, Southeast U.S. Restricted Areas, 

and Southeast U.S. Monitoring Area. 

(i) Jordan Basin. The Jordan Basin 

Restricted Area is bounded by the 

following points: 

Point N. Lat. W. Long. 

JBRA1 ...................... 43°15′ 68°50′ 

JBRA2 ...................... 43°35′ 68°20′ 

JBRA3 ...................... 43°25′ 68°05′ 

JBRA4 ...................... 43°05′ 68°20′ 

JBRA5 ...................... 43°05′ 68°35′ 

(ii) Jeffreys Ledge Restricted Area— 

The Jeffreys Ledge Restricted Area is 

bounded by the following points: 

Point N. Lat. W. Long. 

JLRA1 ....................... 43°15′ 70°25′ 

JLRA2 ....................... 43°15′ 70°00′ 

JLRA3 ....................... 42°50′ 70°00′ 

JLRA4 ....................... 42°50′ 70°25′ 

(2) Markings. All specified gear in 

specified areas must be marked with the 

color code shown in paragraph (b)(3) of 

this section. The color of the color code 

must be permanently marked on or 

along the line or lines specified below 

under paragraphs (b)(2)(i) and (ii) of this 

section. Each color mark of the color 

codes must be clearly visible when the 

gear is hauled or removed from the 

water, including if the color of the rope 

is the same as or similar to the 

respective color code. The rope must be 

marked at least three times (top, middle, 

bottom) and each mark must total 12- 

inch (30.5 cm) in length. If the mark 

consists of two colors then each color 

mark may be 6-inch (15.25 cm) for a 

total mark of 12-inch (30.5 cm). In 

marking or affixing the color code, the 

line may be dyed, painted, or marked 

with thin colored whipping line, thin 

colored plastic, or heat-shrink tubing, or 

other material; or a thin line may be 

woven into or through the line; or the 

line may be marked as approved in 

writing by the Assistant Administrator. 

A brochure illustrating the techniques 

for marking gear is available from the 

Regional Administrator, NMFS, Greater 

Atlantic Region upon request. 

(i) Buoy line markings. All buoy lines 

must be marked as stated above. Shark 

gillnet gear in the Southeast U.S. 

Restricted Area S, Southeast U.S. 

Monitoring Area and Other Southeast 

Gillnet Waters, greater than 4 feet (1.22 

m) long must be marked within 2 feet 

(0.6 m) of the top of the buoy line 

(closest to the surface), midway along 

the length of the buoy line, and within 

2 feet (0.6 m) of the bottom of the buoy 

line. 

(ii) Net panel markings. Shark gillnet 

gear net panels in the Southeast U.S. 

Restricted Area S, Southeast U.S. 

Monitoring Area and Other Southeast 

Gillnet Waters is required to be marked. 

The net panel must be marked along 

both the floatline and the leadline at 

least once every 100 yards (91.4 m). 

(iii) Surface buoy markings. Trap/pot 

and gillnet gear regulated under this 

section must mark all surface buoys to 

identify the vessel or fishery with one 

of the following: The owner’s motorboat 

registration number, the owner’s U.S. 

vessel documentation number, the 

federal commercial fishing permit 

number, or whatever positive 

identification marking is required by the 

vessel’s home-port state. When marking 

of surface buoys is not already required 

by state or federal regulations, the letters 

and numbers used to mark the gear to 

identify the vessel or fishery must be at 

least 1 inch (2.5 cm) in height in block 

letters or arabic numbers in a color that 

contrasts with the background color of 

the buoy. A brochure illustrating the 

techniques for marking gear is available 

from the Regional Administrator, 

NMFS, Greater Atlantic Region upon 

request. 

(3) Color code. Gear must be marked 

with the appropriate colors to designate 

gear types and areas as follows: 

COLOR CODE SCHEME

Plan management area Color 

Trap/Pot Gear 

Massachusetts Restricted Area ...................................................................................................... Red. 

Northern Nearshore ......................................................................................................................... Red. 

Northern Inshore State .................................................................................................................... Red. 

Stellwagen Bank/Jeffreys Ledge Restricted Area ........................................................................... Red. 

Great South Channel Restricted Area overlapping with LMA 2 and/or Outer Cape ...................... Red. 

Exempt RI state waters (single traps) ............................................................................................. Red and Blue. 

Exempt MA state waters in LMA 1 (single traps) ........................................................................... Red and White. 

Exempt MA state waters in LMA 2 (single traps) ........................................................................... Red and Black. 

Exempt MA state waters in Outer Cape (singles) .......................................................................... Red and Yellow. 

Isle of Shoals, ME (single traps) ..................................................................................................... Red and Orange. 

Southern Nearshore ........................................................................................................................ Orange. 

Southeast Restricted Area North (State Waters) ............................................................................ Blue and Orange. 

Southeast Restricted Area North (Federal Waters) ........................................................................ Green and Orange. 

Offshore ........................................................................................................................................... Black. 

Great South Channel Restricted Area overlapping with LMA 2/3 and/or LMA 3 ........................... Black. 

Jordan Basin ................................................................................................................................... Black and Purple (LMA 3); Red and and Purple 

(LMA 1). 

Jeffreys Ledge ................................................................................................................................. Red and Green. 

Gillnet Excluding Shark Gillnet 

Cape Cod Bay Restricted Area ....................................................................................................... Green. 

Stellwagen Bank/Jeffreys Ledge Restricted Area ........................................................................... Green.

Great South Channel Restricted Area ............................................................................................ Green. 

Great South Channel Restricted Sliver Area .................................................................................. Green. 

Other Northeast Gillnet Waters ....................................................................................................... Green. 


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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14355 

COLOR CODE SCHEME—Continued 

Plan management area Color 

Jordan Basin ................................................................................................................................... Green and Yellow. 

Jeffreys Ledge ................................................................................................................................. Green and Black. 

Mid/South Atlantic Gillnet Waters ................................................................................................... Blue. 

Southeast US Restricted Area South ............................................................................................. Yellow. 

Other Southeast Gillnet Waters ...................................................................................................... Yellow. 

Shark Gillnet (With Webbing of 5′′ or Greater) 

Southeast US Restricted Area South ............................................................................................. Green and Blue. 

Southeast Monitoring Area .............................................................................................................. Green and Blue. 

Other Southeast Waters .................................................................................................................. Green and Blue. 

* * * * * 

(c) * * * 

(2) Area specific gear requirements. 

Trap/pot gear must be set according to 

the requirements outlined below and in 

the table in paragraph(c)(2)(iii) of this 

section. 

(i) Single traps and multiple-trap 

trawls. All traps must be set according 

to the configuration outlined in the 

Table (c)(2)(iii) of this section. Trawls 

up to and including 5 or fewer traps 

must only have one buoy line unless 

specified otherwise in Table (c)(2)(iii) of 

this section. 

(ii) Buoy line weak links. All buoys, 

flotation devices and/or weights (except 

traps/pots, 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 breaking strength of the weak 

links must not exceed the breaking 

strength listed in paragraph (c)(2)(iii) of 

this section for a specified management 

area. 

(B) 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. 

(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 provision. 

(iii)—TABLE OF AREA SPECIFIC GEAR REQUIREMENTS

Location Management area Minimum number 

traps/trawl Weak link strength 

ME State and Pocket 

Waters1.

Northern Inshore State ................................... 2 (1 endline) ............... ≤600 lbs. 

ME Zones A–G (3–6 

miles)i.

Northern Nearshore ........................................ 3 (1 endline) ............... ≤600 lbs. 

ME Zones A–C (6–12 

miles) 1.

Northern Nearshore ........................................ 5 (1 endline) ............... ≤600 lbs. 

ME Zones D–G (6–12 

miles) 1.

Northern Nearshore ........................................ 10 ............................... ≤600 lbs. 

ME Zones A–E (12+ 

miles).

Northern Nearshore and Offshore .................. 15 ............................... ≤600 lbs (≤1500 lbs in offshore, 2,000 lbs if 

red crab trap/pot). 

ME Zones F–G (12+ 

miles).

Northern Nearshore and Offshore .................. 15 (Mar 1–Oct 31) 20 

(Nov 1–Feb 28/29).

≤600 lbs (≤1500 lbs in offshore, 2,000 lbs if 

red crab trap/pot). 

MA State Waters ii ....... Northern Inshore State and Massachusetts 

Restricted Area.

No minimum number 

of traps per trawl. 

Trawls up to and including 3 or fewer 

traps must only 

have one buoy line.

≤600 lbs. 

Other MA State Waters Northern Inshore State and Massachusetts 

Restricted Area.

2 (1 endline) Trawls 

up to and including 

3 or fewer traps 

must only have one 

buoy line.

≤600 lbs. 

NH State Waters ......... Northern Inshore State ................................... No minimum trap/trawl ≤600 lbs. 

LMA 1 (3–12 miles) ..... Northern Nearshore and Massachusetts Restricted Area and Stellwagen Bank/Jeffreys 

Ledge Restricted Area.

10 ............................... ≤600 lbs. 

LMA 1 (12+ miles) ....... Northern Nearshore ........................................ 20 ............................... ≤600 lbs. 

LMA1/OC Overlap (0–3 

miles).

Northern Inshore State and Massachusetts 

Restricted Area.

No minimum number 

of traps per trawl.

≤600 lbs. 

OC (0–3 miles) ............ Northern Inshore State and Massachusetts 

Restricted Area.

No minimum number 

of traps per trawl.

≤600 lbs. 

OC (3–12 miles) .......... Northern Nearshore and Massachusetts Restricted Area.10 ............................... ≤600 lbs. 


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14356 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 

(iii)—TABLE OF AREA SPECIFIC GEAR REQUIREMENTS—Continued 

Location Management area Minimum number 

traps/trawl Weak link strength 

OC (12+ miles) ............ Northern Nearshore and Great South Channel Restricted Area.20 ............................... ≤600 lbs. 

RI State Waters ........... Northern Inshore State ................................... No minimum number 

of traps per trawl..

≤600 lbs. 

LMA 2 (3–12 miles) ..... Northern Nearshore ........................................ 10 ............................... ≤600 lbs. 

LMA 2 (12 + miles) ...... Northern Nearshore and Great South Channel Restricted Area.20 ............................... ≤600 lbs. 

LMA 2/3 Overlap (12+ 

miles).

Offshore and Great South Channel Restricted 

Area.

20 ............................... ≤1500 lbs (2,000 lbs if red crab trap/pot). 

LMA 3 (12+ miles) ....... Offshore waters North of 40° and Great 

South Channel Restricted Area.

20 ............................... ≤1500 lbs (2,000 lbs if red crab trap/pot). 

LMA 4,5,6 .................... Southern Nearshore ........................................ ..................................... ≤600 lbs. 

FL State Waters .......... Southeast US Restricted Area North iii ........... 1 ................................. ≤200 lbs. 

GA State Waters ......... Southeast US Restricted Area North 3 ............ 1 ................................. ≤600 lbs. 

SC State Waters ......... Southeast US Restricted Area North 3 ............ 1 ................................. ≤600 lbs. 

Federal Waters off FL, 

GA, SC.

Southeast US Restricted Area North 3 ............ 1 ................................. ≤600 lbs. 

1The pocket waters and 6-mile line as defined in paragraphs (a)(2)(ii)–(a)(2)(iii) of this section. 

2 MA State waters as defined in paragraphs (a)(3)(iii) of this section. 

3See § 229.32 (f)(1) for description of area. 

* * * * * 

[FR Doc. 2015–06272 Filed 3–18–15; 8:45 am] 

BILLING CODE 3510–22–P 


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