11978 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

with a rulemaking. It also includes 

regulatory assessments and analyses, 

written comments from the public 

addressed to the merits of a proposed 

rule, comments from the public received 

in response to notices, or to withdrawals 

or terminations of a proposed 

rulemaking, requests for a public 

meeting, requests for extension of time, 

petitions for rulemaking, grants or 

denials of petitions or requests, and 

transcripts or minutes of informal 

hearings. The public rulemaking docket 

is maintained by the Regulatory Affairs 

Division, Office of Chief Counsel. 

(b) After FEMA establishes a public 

rulemaking docket, any person may 

examine docketed material during 

established business hours by 

prearrangement with the Regulatory 

Affairs Division, Office of Chief 

Counsel, FEMA, 500 C St. SW, 

Washington, DC 20472, and may obtain 

a copy of any docketed material (except 

for copyrighted material). FEMA also 

maintains a copy of each public docket 

electronically, with the exception of 

copyrighted material, on 

www.regulations.gov. To access the 

docket on www.regulations.gov, search 

for the docket ID associated with the 

rulemaking. 

(c) The docket for flood hazard 

elevation rules issued by the National 

Flood Insurance Program are partially 

maintained at the locality that is the 

subject of the rule. FEMA includes in 

the preamble of each flood hazard 

elevation rule the repository address for 

supporting material. 

§ 1.5 Public comments. 

A member of the public may submit 

comments via mail or courier to the 

Regulatory Affairs Division, Office of 

Chief Counsel, Federal Emergency 

Management Agency, 500 C St. SW, 

Washington, DC 20472, or may submit 

comments electronically to the 

rulemaking docket at 

www.regulations.gov under the 

applicable docket ID. 

§ 1.6 Ex parte communications. 

(a) All oral or written 

communications from outside the 

Federal Executive branch of significant 

information and argument respecting 

the merits of a rulemaking document, 

received after publication of a notice of 

proposed rulemaking, by FEMA or its 

offices and divisions or their personnel 

participating in the decision, must be 

summarized in writing and placed 

promptly in the public docket. This 

applies until the agency publishes a 

final regulatory action such as a 

withdrawal of the notice of proposed 

rulemaking or a final rule. 

(b) FEMA may conclude that 

restrictions on ex parte communications 

are necessitated at other times by 

considerations of fairness or for other 

reasons. 

(c) This section does not apply to 

Tribal consultations. 

§ 1.7 Hearings. 

(a) When FEMA affords an 

opportunity for oral presentation, the 

hearing is an informal, non-adversarial, 

fact-finding proceeding. Any 

rulemaking issued in a proceeding 

under this part in which a hearing is 

held need not be based exclusively on 

the record of such hearing. 

(b) When such a hearing is provided, 

the Administrator will designate a 

representative to conduct the hearing. 

(c) The transcript or minutes of the 

hearing will be kept and filed in the 

public rulemaking docket. 

§ 1.8 Petitions for rulemaking. 

(a) Any interested person may 

petition the Administrator for the 

issuance, amendment, or repeal of a 

rule. For purposes of this section, the 

term person includes any member of the 

public and any entity outside the 

Federal Executive branch of 

Government. Each petitioner must: 

(1) Submit the petition to the 

Regulatory Affairs Division, Office of 

Chief Counsel, FEMA, 8NE, 500 C Street 

SW, Washington, DC 20472; 

(2) Label the petition with the 

following: ‘‘Petition for Rulemaking’’ or 

‘‘Rulemaking Petition’’; 

(3) Set forth the substance of the rule 

or amendment proposed or specify the 

rule sought to be repealed or amended; 

(4) Explain the interest of the 

petitioner in support of the action 

sought; and 

(5) Set forth all data and arguments 

available to the petitioner in support of 

the action sought. 

(b) FEMA will specify additional 

methods of submitting rulemaking 

petitions on its website at 

www.fema.gov/about/offices/chiefcounsel/rulemaking and petitioners 

seeking to confirm whether FEMA has 

received or responded to a specific 

rulemaking petition may inquire at 

fema-regulations@fema.dhs.gov. The 

website may also contain other 

information about the petition for 

rulemaking process. 

(c)(1) FEMA may solicit public 

comment on the petition in its 

discretion. If the Administrator finds 

that the petition contains adequate 

justification, a rulemaking proceeding 

will be initiated, or a final rule will be 

issued as appropriate. If the 

Administrator finds that the petition 

does not contain adequate justification, 

the petition will be denied by letter or 

other notice, with a brief statement of 

the ground for denial. The disposition 

will be posted on www.regulations.gov 

under docket ID FEMA–2022–0011. 

(2) The Administrator may consider 

new evidence at any time; however, 

FEMA will not consider repetitious 

petitions for rulemaking. 

§ 1.9 Petitions for reconsideration. 

Petitions for reconsideration of a final 

rule will not be considered. Such 

petitions, if filed, will be treated as 

petitions for rulemaking in accordance 

with § 1.8. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2022–04309 Filed 3–2–22; 8:45 am] 

BILLING CODE 9111–19–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 220225–0059] 

RIN 0648–BJ09 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendment. 

SUMMARY: This document makes 

technical corrections to a final rule that 

modified the Atlantic Large Whale Take 

Reduction Plan. The correction 

reinstates paragraphs that were 

inadvertently removed from the Code of 

Federal Regulations when the final rule 

published on September 17, 2021. 

DATES: Effective March 3, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Coogan, Marine Mammal/Sea 

Turtle Branch Chief, phone: (978) 281– 

9181 or email: Colleen.Coogan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

NMFS published a final rule to 

implement modifications to the Atlantic 

Large Whale Take Reduction Plan 

(ALWTRP or Plan) on September 17, 

2021 (86 FR 51970), to meet the goals 

of the Marine Mammal Protection Act 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11979 

(MMPA) and Endangered Species Act 

(ESA). The final rule became effective 

on October 18, 2021. While the 

modifications were intended to revise 

the then existing § 229.32(a) through (c), 

the final rule inadvertently replaced the 

entirety of § 229.32 resulting in the 

accidental removal of paragraphs (d), 

(e), (f), (g), (h), and (i) from the Code of 

Federal Regulations. These sections 

apply to gillnet fisheries and 

Southeastern U.S. fisheries, and NMFS 

is correcting the error through this 

correcting amendment. 

For further information on the 

September 17, 2021, Plan modifications, 

see the final rule (86 FR 51970, 

September 17, 2021). For further 

information on the Plan, visit the 

website https://www.fisheries.noaa.gov/ 

new-england-mid-atlantic/marinemammal-protection/atlantic-largewhale-take-reduction-plan. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

to waive the requirement to provide 

prior notice and opportunity for public 

comment pursuant to the authority set 

forth at 5 U.S.C. 553(b)(B), as such 

requirement is unnecessary and 

contrary to the public interest. The 

regulations in § 229.32(d) through (i) 

were never intended to be removed or 

modified in any way through the 2021 

final rule, and there was no discussion 

or analysis of any such action in the 

preambles to the proposed rule or final 

rule. Any delay in reinstating 

§ 229.32(d) through (i) would result in 

wide scale confusion among the fishing 

industry and law enforcement, as well 

as potential harm to North Atlantic right 

whales, humpback whales, and fin 

whales. Therefore, in order to avoid the 

negative consequences that are expected 

to result from unnecessary delay in 

making this correction, the AA finds 

good cause to waive the requirement to 

provide prior notice and opportunity for 

public comment. For the same reasons, 

the AA finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay of 

effectiveness period for this correcting 

amendment. 

List of Subjects in 50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Endangered Species, 

Fisheries, Marine mammals, Reporting 

and recordkeeping requirements. 

Dated: February 25, 2022. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

Accordingly, 50 CFR part 229 is 

corrected by making the following 

correcting amendment: 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

■ 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, add paragraphs (d) 

through (i) to read as follows: 

§ 229.32 Atlantic large whale take 

reduction plan regulations. 

* * * * * 

(d) Restrictions applicable to 

anchored gillnet gear—(1) Universal 

anchored gillnet gear requirements. In 

addition to the area-specific measures 

listed in paragraphs (d)(3) through (8) of 

this section, all anchored gillnet gear in 

regulated waters must comply with the 

universal gear requirements listed in 

paragraphs (d)(1)(i) through (iii) of this 

section. 

(i) No buoy line floating at the 

surface. No person or vessel may fish 

with anchored gillnet gear that has any 

portion of the buoy line floating at the 

surface at any time when the buoy line 

is directly connected to the gear at the 

ocean bottom. If more than one buoy is 

attached to a single buoy line or if a 

high flyer and a buoy are used together 

on a single buoy line, sinking and/or 

neutrally buoyant line must be used 

between these objects. 

(ii) No wet storage of gear. Anchored 

gillnet gear must be hauled out of the 

water at least once every 30 days. 

(iii) Groundlines. All groundlines 

must be composed entirely of sinking 

line unless exempted from this 

requirement under paragraph (a)(4) of 

this section. The attachment of buoys, 

toggles, or other floatation devices to 

groundlines is prohibited. 

(2) Area specific gear restrictions. No 

person or vessel may fish with or 

possess anchored gillnet gear in Areas 

referenced in paragraphs (d)(3) through 

(8) of this section, unless that gear 

complies with the gear requirements 

specified in paragraph (d)(1) of this 

section, and the area specific 

requirements listed in paragraphs 

(d)(2)(i) through (iii) of this section, or 

unless the gear is stowed as specified in 

§ 229.2. 

(i) Buoy line weak links. All buoys, 

flotation devices and/or weights (except 

gillnets, anchors, and leadline woven 

into the buoy line), such as surface 

buoys, high flyers, sub-surface buoys, 

toggles, window weights, etc., must be 

attached to the buoy line with a weak 

link placed as close to each individual 

buoy, flotation device and/or weight as 

operationally feasible and that meets the 

following specifications: 

(A) The weak link must be chosen 

from the following list approved by 

NMFS: Swivels, plastic weak links, rope 

of appropriate breaking strength, hog 

rings, rope stapled to a buoy stick, or 

other materials or devices approved in 

writing by the Assistant Administrator. 

A brochure illustrating the techniques 

for making weak links is available from 

the Regional Administrator, NMFS, 

Greater Atlantic Region upon request. 

(B) The breaking strength of the weak 

links must not exceed 1,100 lb (499.0 

kg). 

(C) Weak links must break cleanly 

leaving behind the bitter end of the line. 

The bitter end of the line must be free 

of any knots when the weak link breaks. 

Splices are not considered to be knots 

for the purposes of this paragraph 

(d)(2)(i). 

(ii) Net panel weak links. The 

breaking strength of each weak link 

must not exceed 1,100 lb (499.0 kg). The 

weak link requirements apply to all 

variations in panel size. All net panels 

in a string must contain weak links that 

meet one of the following two 

configurations unless exempted from 

this requirement under paragraph (a)(5) 

of this section: 

(A) Configuration 1. (1) The weak link 

must be chosen from the following list 

approved by NMFS: Plastic weak links 

or rope of appropriate breaking strength. 

If rope of appropriate breaking strength 

is used throughout the floatline or as the 

up and down line, or if no up and down 

line is present, then individual weak 

links are not required on the floatline or 

up and down line. A brochure 

illustrating the techniques for making 

weak links is available from the 

Regional Administrator, NMFS, Greater 

Atlantic Region upon request; and 

(2) One weak link must be placed in 

the center of each of the up and down 

lines at both ends of the net panel; and 

(3) One weak link must be placed as 

close as possible to each end of the net 

panels on the floatline; and 

(4) For net panels of 50 fathoms (300 

ft or 91.4 m) or less in length, one weak 

link must be placed in the center of the 

floatline; or 

(5) For net panels greater than 50 

fathoms (300 ft or 91.4 m) in length, one 

weak link must be placed at least every 


khammond on DSKJM1Z7X2PROD with RULES
11980 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

25 fathoms (150 ft or 45.7 m) along the 

floatline. 

(B) Configuration 2. (1) The weak link 

must be chosen from the following list 

approved by NMFS: Plastic weak links 

or rope of appropriate breaking strength. 

If rope of appropriate breaking strength 

is used throughout the floatline or as the 

up and down line, or if no up and down 

line is present, then individual weak 

links are not required on the floatline or 

up and down line. A brochure 

illustrating the techniques for making 

weak links is available from the 

Regional Administrator, NMFS, Greater 

Atlantic Region upon request; and 

(2) One weak link must be placed in 

the center of each of the up and down 

lines at both ends of the net panel; and 

(3) One weak link must be placed 

between the floatline tie loops between 

net panels; and 

(4) One weak link must be placed 

where the floatline tie loops attaches to 

the bridle, buoy line, or groundline at 

the end of a net string; and 

(5) For net panels of 50 fathoms (300 

ft or 91.4 m) or less in length, one weak 

link must be placed in the center of the 

floatline; or 

(6) For net panels greater than 50 

fathoms (300 ft or 91.4 m) in length, one 

weak link must be placed at least every 

25 fathoms (150 ft or 45.7 m) along the 

floatline. 

(iii) Anchoring systems. All anchored 

gillnets, regardless of the number of net 

panels, must be secured at each end of 

the net string with a burying anchor (an 

anchor that holds to the ocean bottom 

through the use of a fluke, spade, plow, 

or pick) having the holding capacity 

equal to or greater than a 22-lb (10.0-kg) 

Danforth-style anchor unless exempted 

from this requirement under paragraph 

(a)(5) of this section. Dead weights do 

not meet this requirement. A brochure 

illustrating the techniques for rigging 

anchoring systems is available from the 

Regional Administrator, NMFS, Greater 

Atlantic Region. 

(3) Cape Cod Bay Restricted Area—(i) 

Area. The Cape Cod Bay restricted area 

is bounded by the following points and 

on the south and east by the interior 

shoreline of Cape Cod, Massachusetts. 

TABLE 17 TO PARAGRAPH (d)(3)(i) 

Point N lat. W long. 

CCB1 .................. 41°46.8′ 70°30′ 

CCB2 .................. 42°12′ 70°30′ 

CCB3 .................. 42°12′ 70°15′ 

CCB4 .................. 42°04.8′ 70°10′ 

(ii) Closure. During January 1 through 

May 15 of each year, no person or vessel 

may fish with or possess anchored 

gillnet gear in the Cape Cod Bay 

Restricted Area unless the Assistant 

Administrator specifies gear restrictions 

or alternative fishing practices in 

accordance with paragraph (i) of this 

section and the gear or practices comply 

with those specifications, or unless the 

gear is stowed as specified in § 229.2. 

The Assistant Administrator may waive 

this closure for the remaining portion of 

the winter restricted period in any year 

through a notification in the Federal 

Register if NMFS determines that right 

whales have left the restricted area and 

are unlikely to return for the remainder 

of the season. 

(iii) Area-specific gear or vessel 

requirements. From May 16 through 

December 31 of each year, no person or 

vessel may fish with or possess 

anchored gillnet gear in the Cape Cod 

Bay Restricted Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, the universal anchored 

gillnet gear requirements specified in 

paragraph (d)(1) of this section, and the 

area-specific requirements listed in 

paragraph (d)(2) of this section, or 

unless the gear is stowed as specified in 

§ 229.2. 

(4) Great South Channel Restricted 

Gillnet Area—(i) Area. The Great South 

Channel Restricted Gillnet Area consists 

of the area bounded by lines connecting 

the following four points: 

TABLE 18 TO PARAGRAPH (d)(4)(i) 

Point N lat. W long. 

GSC1 .................. 41°02.2′ 69°02′ 

GSC2 .................. 41°43.5′ 69°36.3′ 

GSC3 .................. 42°10′ 68°31′ 

GSC4 .................. 41°38′ 68°13′ 

(ii) Closure. From April 1 through 

June 30 of each year, no person or vessel 

may fish with or possess anchored 

gillnet gear in the Great South Channel 

Restricted Gillnet Area unless the 

Assistant Administrator specifies gear 

restrictions or alternative fishing 

practices in accordance with paragraph 

(i) of this section and the gear or 

practices comply with those 

specifications, or unless the gear is 

stowed as specified in § 229.2. 

(iii) Area-specific gear or vessel 

requirements. From July 1 through 

March 31 of each year, no person or 

vessel may fish with or possess 

anchored gillnet gear in the Great South 

Channel Restricted Gillnet Area unless 

that gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section, the 

universal anchored gillnet gear 

requirements specified in paragraph 

(d)(1) of this section, and the areaspecific requirements listed in 

paragraph (d)(2) of this section or unless 

the gear is stowed as specified in 

§ 229.2. 

(5) Great South Channel Sliver 

Restricted Area—(i) Area. The Great 

South Channel Sliver Restricted Area 

consists of the area bounded by lines 

connecting the following points: 

TABLE 19 TO PARAGRAPH (d)(5)(i) 

Point N lat. W long. 

GSCRA1 ............. 41°02.2′ 69°02′ 

GSCRA2 ............. 41°43.5′ 69°36.3′ 

GSCRA3 ............. 41°40′ 69°45′ 

GSCRA4 ............. 41°00′ 69°05′ 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess anchored 

gillnet gear in the Great South Channel 

Sliver Restricted Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, the universal anchored 

gillnet gear requirements specified in 

paragraph (d)(1) of this section, and the 

area-specific requirements listed in 

paragraph (d)(2) of this section or unless 

the gear is stowed as specified in 

§ 229.2. 

(6) Stellwagen Bank/Jeffreys Ledge 

Restricted Area—(i) Area. The 

Stellwagen Bank/Jeffreys Ledge 

Restricted Area includes all Federal 

waters of the Gulf of Maine, except 

those designated as the Cape Cod Bay 

Restricted Area in paragraph (d)(3) of 

this section that lie south of 43°15′ N lat. 

and west of 70°00′ W long. 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess anchored 

gillnet gear in the Stellwagen Bank/ 

Jeffreys Ledge Restricted Area unless 

that gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section, the 

universal anchored gillnet gear 

requirements specified in paragraph 

(d)(1) of this section, and the areaspecific requirements listed in 

paragraph (d)(2) of this section or unless 

the gear is stowed as specified in 

§ 229.2. 

(7) Other Northeast Gillnet Waters 

Area—(i) Area. The Other Northeast 

Gillnet Waters Area consists of all state 

and Federal U.S. waters from the U.S./ 

Canada border to Long Island, NY, at 

72°30′ W long. south to 36°33.03′ N lat. 

and east to the eastern edge of the EEZ, 

with the exception of the Cape Cod Bay 

Restricted Area, Stellwagen Bank/ 

Jeffreys Ledge Restricted Area, Great 

South Channel Restricted Gillnet Area, 


khammond on DSKJM1Z7X2PROD with RULES

I I 

I I 

I I 
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11981 

Great South Channel Sliver Restricted 

Area, and exempted waters listed in 

paragraph (a)(3) of this section. 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess anchored 

gillnet gear in the Other Northeast 

Gillnet Waters Area that overlaps an 

area from the U.S./Canada border south 

to a straight line from 41°18.2′ N lat., 

71°51.5′ W long. (Watch Hill Point, RI) 

south to 40°00′ N lat. and then east to 

the eastern edge of the EEZ, unless that 

gear complies with the gear marking 

requirements specified in paragraph (b) 

of this section, the universal anchored 

gillnet gear requirements specified in 

paragraph (d)(1) of this section, and the 

area-specific requirements listed in 

paragraph (d)(2) of this section or unless 

the gear is stowed as specified in 

§ 229.2. 

(iii) Seasonal area-specific gear or 

vessel requirements. From September 1 

to May 31, no person or vessel may fish 

with or possess anchored gillnet gear in 

the Other Northeast Gillnet Waters Area 

that is south of a straight line from 

41°18.2′ N lat., 71 °51.5′ W long. (Watch 

Hill Point, RI) south to 40°00′ N lat. and 

then east to the eastern edge of the EEZ, 

unless that gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section, the 

universal anchored gillnet gear 

requirements specified in paragraph 

(d)(1) of this section, and the areaspecific requirements listed in 

paragraph (d)(2) of this section or unless 

the gear is stowed as specified in 

§ 229.2. 

(8) Mid/South Atlantic Gillnet 

Waters—(i) Area. The Mid/South 

Atlantic Gillnet Waters consists of all 

U.S. waters bounded on the north from 

Long Island, NY, at 72°30′ W long. south 

to 36°33.03′ N lat. and east to the eastern 

edge of the EEZ, and bounded on the 

south by 32°00′ N lat., and east to the 

eastern edge of the EEZ. When the Mid/ 

South Atlantic Gillnet Waters Area 

overlaps the Southeast U.S. Restricted 

Area and its restricted period as 

specified in paragraphs (f)(1) and (2) of 

this section, then the closure and 

exemption for the Southeast U.S. 

Restricted Area as specified in 

paragraph (f)(2) of this section applies. 

(ii) Area-specific gear or vessel 

requirements. From September 1 

through May 31, no person or vessel 

may fish with or possess anchored 

gillnet gear in the Mid/South Atlantic 

Gillnet Waters unless that gear complies 

with the gear marking requirements 

specified in paragraph (b) of this 

section, the universal anchored gillnet 

gear requirements specified in 

paragraph (d)(1) of this section, and the 

following area specific requirements, or 

unless the gear is stowed as specified in 

§ 229.2. When the Mid/South Atlantic 

Gillnet Waters Area overlaps the 

Southeast U.S. Restricted Area and its 

restricted period as specified in 

paragraphs (f)(1) and (2) of this section, 

then the closure and exemption for the 

Southeast U.S. Restricted Area as 

specified in paragraph (f)(2) of this 

section applies. 

(A) Buoy line weak links. All buoys, 

flotation devices and/or weights (except 

gillnets, anchors, and leadline woven 

into the buoy line), such as surface 

buoys, high flyers, sub-surface buoys, 

toggles, window weights, etc., must be 

attached to the buoy line with a weak 

link placed as close to each individual 

buoy, flotation device and/or weight as 

operationally feasible and that meets the 

following specifications: 

(1) The weak link must be chosen 

from the following list approved by 

NMFS: Swivels, plastic weak links, rope 

of appropriate breaking strength, hog 

rings, rope stapled to a buoy stick, or 

other materials or devices approved in 

writing by the Assistant Administrator. 

A brochure illustrating the techniques 

for making weak links is available from 

the Regional Administrator, NMFS, 

Greater Atlantic Region upon request. 

(2) The breaking strength of the weak 

links must not exceed 1,100 lb (499.0 

kg). 

(3) Weak links must break cleanly 

leaving behind the bitter end of the line. 

The bitter end of the line must be free 

of any knots when the weak link breaks. 

Splices are not considered to be knots 

for the purposes of this paragraph 

(d)(8)(ii)(A). 

(B) Net panel weak links. The weak 

link requirements apply to all variations 

in panel size. All net panels must 

contain weak links that meet the 

following specifications unless 

exempted under paragraph (a)(5) of this 

section: 

(1) The breaking strength for each of 

the weak links must not exceed 1,100 lb 

(499.0 kg). 

(2) The weak link must be chosen 

from the following list approved by 

NMFS: Plastic weak links or rope of 

appropriate breaking strength. If rope of 

appropriate breaking strength is used 

throughout the floatline then individual 

weak links are not required. A brochure 

illustrating the techniques for making 

weak links is available from the 

Regional Administrator, NMFS, Greater 

Atlantic Region upon request. 

(3) Weak links must be placed in the 

center of the floatline of each gillnet net 

panel up to and including 50 fathoms 

(300 ft or 91.4 m) in length, or at least 

every 25 fathoms (150 ft or 45.7 m) 

along the floatline for longer panels. 

(C) Additional anchoring system and 

net panel weak link requirements. All 

gillnets must return to port with the 

vessel unless the gear meets the 

following specifications: 

(1) Anchoring systems. All anchored 

gillnets, regardless of the number of net 

panels, must be secured at each end of 

the net string with a burying anchor (an 

anchor that holds to the ocean bottom 

through the use of a fluke, spade, plow, 

or pick) having the holding capacity 

equal to or greater than a 22-lb (10.0-kg) 

Danforth-style anchor unless exempted 

under paragraph (a)(5) of this section. 

Dead weights do not meet this 

requirement. A brochure illustrating the 

techniques for rigging anchoring 

systems is available from the Regional 

Administrator, NMFS, Greater Atlantic 

Region upon request. 

(2) Net panel weak links. Net panel 

weak links must meet the specifications 

in this paragraph. The breaking strength 

of each weak link must not exceed 1,100 

lb (499.0 kg). The weak link 

requirements apply to all variations in 

panel size. All net panels in a string 

must contain weak links that meet one 

of the following two configurations 

found in paragraph (d)(2)(ii)(A) or (B) of 

this section. 

(3) Additional provision for North 

Carolina. All gillnets set 300 yards 

(274.3 m) or less from the shoreline in 

North Carolina must meet the anchoring 

system and net panel weak link 

requirements in paragraphs 

(d)(8)(ii)(C)(1) and (2) of this section, or 

the following: 

(i) The entire net string must be less 

than 300 yards (274.3 m) from shore. 

(ii) The breaking strength of each 

weak link must not exceed 600 lb (272.2 

kg).The weak link requirements apply to 

all variations in panel size. 

(iii) All net panels in a string must 

contain weak links that meet one of the 

following two configuration 

specifications found in paragraph 

(d)(2)(ii)(A) or (B) of this section. 

(iv) Regardless of the number of net 

panels, all anchored gillnets must be 

secured at the offshore end of the net 

string with a burying anchor (an anchor 

that holds to the ocean bottom through 

the use of a fluke, spade, plow, or pick) 

having a holding capacity equal to or 

greater than an 8-lb (3.6-kg) Danforthstyle anchor, and at the inshore end of 

the net string with a dead weight equal 

to or greater than 31 lb (14.1 kg). 

(e) Restrictions applicable to drift 

gillnet gear—(1) Cape Cod Bay 

Restricted Area—(i) Area. The Cape Cod 

Bay Restricted Area is bounded by the 

following points and on the south and 


khammond on DSKJM1Z7X2PROD with RULES
11982 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

east by the interior shoreline of Cape 

Cod, Massachusetts. 

TABLE 20 TO PARAGRAPH (e)(1)(i) 

Point N lat. W long. 

CCB1 .................. 41°46.8′ 70°30′ 

CCB2 .................. 42°12′ 70°30′ 

CCB3 .................. 42°12′ 70°15′ 

CCB4 .................. 42°04.8′ 70°10′ 

(ii) Closure. From January 1 through 

April 30 of each year, no person or 

vessel may fish with or possess drift 

gillnet gear in the Cape Cod Bay 

Restricted Area unless the Assistant 

Administrator specifies gear restrictions 

or alternative fishing practices in 

accordance with paragraph (e)(1)(i) of 

this section and the gear or practices 

comply with those specifications, or 

unless the gear is stowed as specified in 

§ 229.2. The Assistant Administrator 

may waive this closure for the 

remaining portion of the winter 

restricted period in any year through a 

notification in the Federal Register if 

NMFS determines that right whales 

have left the restricted area and are 

unlikely to return for the remainder of 

the season. 

(iii) Area-specific gear or vessel 

requirements. From May 1 through 

December 31 of each year, no person or 

vessel may fish with or possess drift 

gillnet gear in the Cape Cod Bay 

Restricted Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, or unless the gear is 

stowed as specified in § 229.2. 

Additionally, no person or vessel may 

fish with or possess drift gillnet gear at 

night in the Cape Cod Bay Restricted 

Area unless that gear is tended, or 

unless the gear is stowed as specified in 

§ 229.2. During that time, all drift gillnet 

gear set by that vessel in the Cape Cod 

Bay Restricted Area must be removed 

from the water and stowed on board the 

vessel before a vessel returns to port. 

(2) Great South Channel Restricted 

Gillnet Area—(i) Area. The Great South 

Channel Restricted Gillnet Area consists 

of the area bounded by lines connecting 

the following four points: 

TABLE 21 TO PARAGRAPH (e)(2)(i) 

Point N lat. W long. 

GSC1 .................. 41°02.2′ 69°02′ 

GSC2 .................. 41°43.5′ 69°36.3′ 

GSC3 .................. 42°10′ 68°31′ 

GSC4 .................. 41°38′ 68°13′ 

(ii) Closure. From April 1 through 

June 30 of each year, no person or vessel 

may set, fish with or possess drift gillnet 

gear in the Great South Channel 

Restricted Gillnet Area unless the 

Assistant Administrator specifies gear 

restrictions or alternative fishing 

practices in accordance with paragraph 

(i) of this section and the gear or 

practices comply with those 

specifications, or unless the gear is 

stowed as specified in § 229.2. 

(iii) Area-specific gear or vessel 

requirements. From July 1 through 

March 31 of each year, no person or 

vessel may fish with or possess drift 

gillnet gear in the Great South Channel 

Restricted Gillnet Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, or unless the gear is 

stowed as specified in § 229.2. 

Additionally, no person or vessel may 

fish with or possess drift gillnet gear at 

night in the Great South Channel 

Restricted Gillnet Area unless that gear 

is tended, or unless the gear is stowed 

as specified in § 229.2. During that time, 

all drift gillnet gear set by that vessel in 

the Great South Channel Restricted 

Gillnet Area must be removed from the 

water and stowed on board the vessel 

before a vessel returns to port. 

(3) Great South Channel Sliver 

Restricted Area—(i) Area. The Great 

South Channel Sliver Restricted Area 

consists of the area bounded by lines 

connecting the following points: 

TABLE 22 TO PARAGRAPH (e)(3)(i) 

Point N lat. W long. 

GSCRA1 ............. 41°02.2′ 69°02′ 

GSCRA2 ............. 41°43.5′ 69°36.3′ 

GSCRA3 ............. 41°40′ 69°45′ 

GSCRA4 ............. 41°00′ 69°05′ 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess drift gillnet 

gear in the Great South Channel Sliver 

Restricted Gillnet Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, or unless the gear is 

stowed as specified in § 229.2. 

Additionally, no person or vessel may 

fish with or possess drift gillnet gear at 

night in the Great South Channel Sliver 

Restricted Area unless that gear is 

tended, or unless the gear is stowed as 

specified in § 229.2. During that time, 

all drift gillnet gear set by that vessel in 

the Great South Channel Sliver 

Restricted Area must be removed from 

the water and stowed on board the 

vessel before a vessel returns to port. 

(4) Stellwagen Bank/Jeffreys Ledge 

Restricted Area—(i) Area. The 

Stellwagen Bank/Jeffreys Ledge 

Restricted Area includes all Federal 

waters of the Gulf of Maine, except 

those designated the Cape Cod Bay 

Restricted Area in paragraph (e)(1) of 

this section, that lie south of 43°15′ N 

lat. and west of 70°00′ W long. 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess drift gillnet 

gear in the Stellwagen Bank/Jeffreys 

Ledge Restricted Area unless that gear 

complies with the gear marking 

requirements specified in paragraph (b) 

of this section, or unless the gear is 

stowed as specified in § 229.2. 

Additionally, no person or vessel may 

fish with or possess drift gillnet gear at 

night in the Stellwagen Bank/Jeffreys 

Ledge Area unless that gear is tended, 

or unless the gear is stowed as specified 

in § 229.2. During that time, all drift 

gillnet gear set by that vessel in the 

Stellwagen Bank/Jeffreys Ledge 

Restricted Area must be removed from 

the water and stowed on board the 

vessel before a vessel returns to port. 

(5) Other Northeast Gillnet Waters 

Area—(i) Area. The Other Northeast 

Gillnet Waters Area consists of all state 

and Federal U.S. waters from the U.S./ 

Canada border to Long Island, NY, at 

72°30′ W long. south to 36°33.03′ N lat. 

and east to the eastern edge of the EEZ, 

with the exception of the Cape Cod Bay 

Restricted Area, Stellwagen Bank/ 

Jeffreys Ledge Restricted Area, Great 

South Channel Restricted Gillnet Area, 

Great South Channel Sliver Restricted 

Area, and exempted waters listed in 

paragraph (a)(3) of this section. 

(ii) Year-round area-specific gear or 

vessel requirements. No person or vessel 

may fish with or possess drift gillnet 

gear in the Other Northeast Gillnet 

Waters Area unless that gear complies 

with the gear marking requirements 

specified in paragraph (b) of this 

section, or unless the gear is stowed as 

specified in § 229.2. Additionally, no 

person or vessel may fish with or 

possess drift gillnet gear at night in the 

Other Northeast Gillnet Waters Area 

unless that gear is tended, or unless the 

gear is stowed as specified in § 229.2. 

During that time, all drift gillnet gear set 

by that vessel in the Other Northeast 

Gillnet Waters Area must be removed 

from the water and stowed on board the 

vessel before a vessel returns to port. 

(iii) Seasonal area-specific gear or 

vessel requirements. From September 1 

to May 31, no person or vessel may fish 

with or possess drift gillnet gear in the 

Other Northeast Gillnet Waters Area 

that is south of a straight line from 

41°18.2′ N lat., 71°51.5′ W long. (Watch 

Hill Point, RI) south to 40°00′ N lat. and 

then east to the eastern edge of the EEZ, 

unless that gear complies with the gear 

marking requirements specified in 


khammond on DSKJM1Z7X2PROD with RULES

I I 

I I 

I I 
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11983 

paragraph (b) of this section, or unless 

the gear is stowed as specified in 

§ 229.2. Additionally, no person or 

vessel may fish with or possess drift 

gillnet gear at night in the Other 

Northeast Gillnet Waters Area unless 

that gear is tended, or unless the gear is 

stowed as specified in § 229.2. During 

that time, all drift gillnet gear set by that 

vessel in the Other Northeast Gillnet 

Waters Area must be removed from the 

water and stowed on board the vessel 

before a vessel returns to port. 

(6) Mid/South Atlantic Gillnet Waters 

Area—(i) Area. The Mid/South Atlantic 

Gillnet Waters consists of all U.S. waters 

bounded on the north from Long Island, 

NY at 72°30′ W long. south to 36°33.03′ 

N lat. and east to the eastern edge of the 

EEZ, and bounded on the south by 

32°00′ N lat., and east to the eastern 

edge of the EEZ. When the Mid/South 

Atlantic Gillnet Waters Area overlaps 

the Southeast U.S. Restricted Area and 

its restricted period as specified in 

paragraphs (f)(1) and (2) of this section, 

then the closure and exemption for the 

Southeast U.S. Restricted Area as 

specified in paragraph (f)(2) of this 

section applies. 

(ii) Area-specific gear or vessel 

requirements. From September 1 

through May 31, no person or vessel 

may fish with or possess drift gillnet 

gear at night in the Mid/South Atlantic 

Gillnet Waters Area unless: 

(A) The gear complies with gear 

marking requirements specified in 

paragraph (b) of this section; 

(B) The gear is tended; and 

(C) All gear is removed from the water 

and stowed on board the vessel before 

a vessel returns to port. No person or 

vessel may possess drift gillnet at night 

in the Mid/South Atlantic Gillnet 

Waters unless the gear is stowed as 

specified in § 229.2. When the Mid/ 

South Atlantic Gillnet Waters Area 

overlaps the Southeast U.S. Restricted 

Area and its restricted period as 

specified in paragraphs (f)(1) and (2) of 

this section, then the closure and 

exemption for the Southeast U.S. 

Restricted Area as specified in 

paragraph (f)(2) of this section applies. 

(f) Restrictions applicable to the 

Southeast U.S. Restricted Area—(1) 

Area. The Southeast U.S. Restricted 

Area consists of the area bounded by 

straight lines connecting the following 

points in the order stated from south to 

north: 

TABLE 23 TO PARAGRAPH (f)(1) 

Point N lat. W long. 

SERA1 ................ 27°51′ (1) 

SERA2 ................ 27°51′ 80°00′ 

TABLE 23 TO PARAGRAPH (f)(1)— 

Continued 

Point N lat. W long. 

SERA3 ................ 32°00′ 80°00′ 

SERA4 ................ 32°36′ 78°52′ 

SERA5 ................ 32°51′ 78°36′ 

SERA6 ................ 33°15′ 78°24′ 

SERA7 ................ 33°27′ 78°04′ 

SERA8 ................ (2) 78°33.9′ 

1Florida shoreline. 

2South Carolina shoreline. 

(i) Southeast U.S. Restricted Area N. 

The Southeast U.S. Restricted Area N 

consists of the Southeast U.S. Restricted 

Area from 29°00′ N lat. northward. 

(ii) Southeast U.S. Restricted Area S. 

The Southeast U.S. Restricted Area S 

consists of the Southeast U.S. Restricted 

Area southward of 29°00′ N lat. 

(2) Restricted periods, closure, and 

exemptions—(i) Restricted periods. The 

restricted period for the Southeast U.S. 

Restricted Area N is from November 15 

through April 15, and the restricted 

period for the Southeast U.S. Restricted 

Area S is from December 1 through 

March 31. 

(ii) Closure for gillnets. (A) Except as 

provided under paragraph (f)(2)(v) of 

this section, fishing with or possessing 

gillnet in the Southeast U.S. Restricted 

Area N during the restricted period is 

prohibited. 

(B) Except as provided under 

paragraphs (f)(2)(iii) and (iv) of this 

section, fishing with gillnet in the 

Southeast U.S. Restricted Area S during 

the restricted period is prohibited. 

(iii) Exemption for Southeastern U.S. 

Atlantic shark gillnet fishery. Fishing 

with gillnet for sharks with webbing of 

5 inches (12.7 cm) or greater stretched 

mesh is exempt from the restrictions 

under paragraph (f)(2)(ii)(B) of this 

section if: 

(A) The gillnet is deployed so that it 

encloses an area of water; 

(B) A valid commercial directed shark 

limited access permit has been issued to 

the vessel in accordance with 50 CFR 

635.4(e) and is on board; 

(C) No net is set at night or when 

visibility is less than 500 yards (1,500 ft, 

460 m); 

(D) The gillnet is removed from the 

water before night or immediately if 

visibility decreases below 500 yards 

(1,500 ft, 460 m); 

(E) Each set is made under the 

observation of a spotter plane; 

(F) No gillnet is set within 3 nautical 

miles (5.6 km) of a right, humpback, or 

fin whale; 

(G) The gillnet is removed 

immediately from the water if a right, 

humpback, or fin whale moves within 3 

nautical miles (5.6 km) of the set gear; 

(H) The gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section; and 

(I) The operator of the vessel calls the 

Southeast Fisheries Science Center 

Panama City Laboratory in Panama City, 

FL, not less than 48 hours prior to 

departing on any fishing trip in order to 

arrange for observer coverage. If the 

Panama City Laboratory requests that an 

observer be taken on board a vessel 

during a fishing trip at any time from 

December 1 through March 31 south of 

29°00′ N lat., no person may fish with 

such gillnet aboard that vessel in the 

Southeast U.S. Restricted Area S unless 

an observer is on board that vessel 

during the trip. 

(iv) Exemption for Spanish Mackerel 

component of the Southeast Atlantic 

gillnet fishery. Fishing with gillnet for 

Spanish mackerel is exempt from the 

restrictions under paragraph (f)(2)(ii)(B) 

of this section from December 1 through 

December 31, and from March 1 through 

March 31 if: 

(A) Gillnet mesh size is between 3.5 

inches (8.9 cm) and 47⁄8 inches (12.4 cm) 

stretched mesh; 

(B) A valid commercial vessel permit 

for Spanish mackerel has been issued to 

the vessel in accordance with 50 CFR 

622.4(a)(2)(iv) and is on board; 

(C) No person may fish with, set, 

place in the water, or have on board a 

vessel a gillnet with a float line longer 

than 800 yards (2,400 ft, 732 m); 

(D) No person may fish with, set, or 

place in the water more than one gillnet 

at any time; 

(E) No more than two gillnets, 

including any net in use, may be 

possessed at any one time; provided, 

however, that if two gillnets, including 

any net in use, are possessed at any one 

time, they must have stretched mesh 

sizes (as allowed under the regulations) 

that differ by at least .25 inch (.64 cm); 

(F) No person may soak a gillnet for 

more than 1 hour. The soak period 

begins when the first mesh is placed in 

the water and ends either when the first 

mesh is retrieved back on board the 

vessel or the gathering of the gillnet is 

begun to facilitate retrieval on board the 

vessel, whichever occurs first; providing 

that, once the first mesh is retrieved or 

the gathering is begun, the retrieval is 

continuous until the gillnet is 

completely removed from the water; 

(G) No net is set at night or when 

visibility is less than 500 yards (1,500 ft, 

460 m); 

(H) The gillnet is removed from the 

water before night or immediately if 

visibility decreases below 500 yards 

(1,500 ft, 460 m); 


khammond on DSKJM1Z7X2PROD with RULES
11984 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

(I) No net is set within 3 nautical 

miles (5.6 km) of a right, humpback, or 

fin whale; 

(J) The gillnet is removed immediately 

from the water if a right, humpback, or 

fin whale moves within 3 nautical miles 

(5.6 km) of the set gear; and 

(K) The gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section, the 

universal anchored gillnet gear 

requirements specified in paragraph 

(d)(1) of this section, and the areaspecific requirements for anchored 

gillnets specified in paragraphs 

(d)(8)(ii)(A) through (D) of this section 

for the Mid/South Atlantic Gillnet 

Waters. 

(v) Exemption for vessels in transit 

with gillnet aboard. Possession of gillnet 

aboard a vessel in transit is exempt from 

the restrictions under paragraph 

(f)(2)(ii)(A) of this section if: All nets are 

covered with canvas or other similar 

material and lashed or otherwise 

securely fastened to the deck, rail, or 

drum; and all buoys, high flyers, and 

anchors are disconnected from all 

gillnets. No fish may be possessed 

aboard such a vessel in transit. 

(vi) Restrictions for trap/pot gear. 

Fishing with trap/pot gear in the 

Southeast U.S. Restricted Area N during 

the restricted period is allowed if: 

(A) Trap/pot gear is not fished in a 

trap/pot trawl; 

(B) All buoys or flotation devices are 

attached to the buoy line with a weak 

link that meets the requirements of 

paragraph (c)(2)(ii) of this section. The 

weak link has a maximum breaking 

strength of 600 lbs (272 kg) except in 

Florida State waters where the 

maximum breaking strength is 200 lbs 

(91kg); 

(C) The buoy line has a maximum 

breaking strength of 2,200 lbs (998 kg) 

except in Florida State waters where the 

maximum breaking strength is 1,500 lbs 

(630 kg); 

(D) The entire buoy line must be free 

of objects (e.g., weights, floats, etc.) 

except where it attaches to the buoy and 

trap/pot; 

(E) The buoy line is made of sinking 

line; 

(F) The gear complies with gear 

marking requirements as specified in 

paragraph (b) of this section; and 

(G) Trap/pot gear that is deployed in 

the EEZ (as defined in § 600.10 of this 

title) is brought back to port at the 

conclusion of each fishing trip. 

(g) Restrictions applicable to the 

Other Southeast Gillnet Waters—(1) 

Area. The Other Southeast Gillnet 

Waters Area includes all waters 

bounded by 32°00′ N lat. on the north 

(near Savannah, GA), 26°46.50′ N lat. on 

the south (near West Palm Beach, FL), 

80°00′ W long. on the west, and the EEZ 

boundary on the east. 

(2) Closure for gillnets. Fishing with 

or possessing gillnet gear in the Other 

Southeast Gillnet Waters Area north of 

29°00′ N lat. from November 15 through 

April 15 or south of 29°00′ N lat. from 

December 1 through March 31 is 

allowed if one of the following 

exemptions applies: 

(i) Exemption for Southeastern U.S. 

Atlantic shark gillnet fishery. Fishing 

with or possessing gillnet gear with 

webbing of 5 inches (12.7 cm) or greater 

stretched mesh is allowed if: 

(A) The gear is marked as required in 

paragraph (b) of this section; 

(B) No net is set within 3 nautical 

miles (5.6 km) of a right, humpback, or 

fin whale; and 

(C) The gear is removed immediately 

from the water if a right, humpback, or 

fin whale moves within 3 nautical miles 

(5.6 km) of the set gear. 

(ii) Exemption for Southeast Atlantic 

gillnet fishery. Fishing with or 

possessing gillnet gear is allowed if: 

(A) The gear is marked as required in 

paragraph (b) of this section; or 

(B) The gear is fished south of 27°51′ 

N. 

(iii) Exemption for vessels in transit 

with gillnet aboard. Possession of gillnet 

gear aboard a vessel in transit is allowed 

if: 

(A) All nets are covered with canvas 

other similar material and securely 

fastened to the deck, rail, or drum; and 

(B) All buoys, high flyers, and anchors 

are disconnected from all gillnets. 

(h) Restrictions applicable to the 

Southeast U.S. Monitoring Area—(1) 

Area. The Southeast U.S. Monitoring 

Area consists of the area from 27°51′ N 

lat. (near Sebastian Inlet, FL) south to 

26°46.50′ N lat. (near West Palm Beach, 

FL), extending from the shoreline or 

exemption line out to 80°00′ W long. 

(2) Restrictions for Southeastern U.S. 

Atlantic shark gillnet fishery. Fishing 

with or possessing gillnet gear with 

webbing of 5 inches (12.7 cm) or greater 

stretched mesh from December 1 

through March 31 is allowed if: 

(i) The gear complies with the gear 

marking requirements specified in 

paragraph (b) of this section; 

(ii) The vessel owner/operator is in 

compliance with the vessel monitoring 

system (VMS) requirements found in 50 

CFR 635.69; and 

(iii) The vessel owner/operator and 

crew are in compliance with observer 

requirements found in § 229.7. 

(3) Restrictions for Southeastern U.S. 

Atlantic shark gillnet fishery vessels in 

transit. Possession of gillnet gear with 

webbing of 5 inches (12.7 cm) or greater 

stretched mesh aboard a vessel in transit 

from December 1 through March 31 is 

allowed if: 

(i) All gear is stowed as specified in 

§ 229.2; and 

(ii) The vessel owner/operator is in 

compliance with the vessel monitoring 

system (VMS) requirements found in 50 

CFR 635.69. 

(i) Other provisions. In addition to 

any other emergency authority under 

the Marine Mammal Protection Act, the 

Endangered Species Act, the MagnusonStevens Fishery Conservation and 

Management Act, or other appropriate 

authority, the Assistant Administrator 

may take action under this section in 

the following situations: 

(1) Entanglements in critical habitat 

or restricted areas. If a serious injury or 

mortality of a right whale occurs in the 

Cape Cod Bay Restricted Area from 

January 1 through May 15, in the Great 

South Channel Restricted Area from 

April 1 through June 30, the Southeast 

U.S. Restricted Area N from November 

15 to April 15, or the Southeast U.S. 

Restricted Area S from December 1 

through March 31 as the result of an 

entanglement by trap/pot or gillnet gear 

allowed to be used in those areas and 

times, the Assistant Administrator shall 

close that area to that gear type (i.e., 

trap/pot or gillnet) for the rest of that 

time period and for that same time 

period in each subsequent year, unless 

the Assistant Administrator revises the 

restricted period in accordance with 

paragraph (i)(2) of this section or unless 

other measures are implemented under 

paragraph (i)(2) of this section. 

(2) Other special measures. The 

Assistant Administrator may, in 

consultation with the Take Reduction 

Team, revise the requirements of this 

section through a publication in the 

Federal Register if: 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 11985 

(i) NMFS verifies that certain gear 

characteristics are both operationally 

effective and reduce serious injuries and 

mortalities of endangered whales; 

(ii) New gear technology is developed 

and determined to be appropriate; 

(iii) Revised breaking strengths are 

determined to be appropriate; 

(iv) New marking systems are 

developed and determined to be 

appropriate; 

(v) NMFS determines that right 

whales are remaining longer than 

expected in a closed area or have left 

earlier than expected; 

(vi) NMFS determines that the 

boundaries of a closed area are not 

appropriate; 

(vii) Gear testing operations are 

considered appropriate; or 

(viii) Similar situations occur. 

[FR Doc. 2022–04391 Filed 3–2–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES