[Code of Federal Regulations] [Title 50, Volume 7] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR229.32] [Page 609-622] TITLE 50--WILDLIFE AND FISHERIES CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE PART 229_AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE Subpart C_Take Reduction Plan Regulations and Emergency Regulations Sec. 229.32 Atlantic large whale take reduction plan regulations. (a)(1) Regulated waters. The regulations in this section apply to all U.S. waters in the Atlantic except for the areas exempted in paragraph (a)(2) of this section. (2) Exempted waters. The regulations in this section do not apply to waters landward of the first bridge over any embayment, harbor, or inlet and to waters landward of the following lines: Rhode Island 41[deg]27.99[min] N 71[deg]11.75[min] W TO 41[deg]28.49[min] N 71[deg]14.63[min] W (Sakonnet River) 41[deg]26.96[min] N 71[deg]21.34[min] W TO 41[deg]26.96[min] 71[deg]25.92[sec] W (Narragansett Bay) 41[deg]22.41[min] N 71[deg]30.80[min] W TO 41[deg]22.41[min] N 71[deg]30.85[min] W (Pt. Judith Pond Inlet) 41[deg]21.31[min] 71[deg]38.30[min] W TO 41[deg]21.30[min] N 71[deg]38.33[min] W (Ninigret Pond Inlet) 41[deg]19.90[min] N 71[deg]43.08[min] W TO 41[deg]19.90[min] N 71[deg]43.10[min] W (Quonochontaug Pond Inlet) 41[deg]19.66[min] N 71[deg]45.75[min] W TO 41[deg]19.66[min] N 71[deg]45.78[min] W (Weekapaug Pond Inlet) New York West of the line from the Northern fork of the eastern end of Long Island, NY (Orient Pt.) to Plum Island to Fisher's Island to Watch Hill, RI. (Long Island Sound) 41[deg]11.40[min] N 72[deg]09.70[min] W TO 41[deg]04.50[min] N 71[deg]51.60;min; W (Gardiners Bay) 40[deg]50.30[min] 72[deg]28.50[min] W TO 40[deg]50.36[min] N 72[deg]28.67[min] W (Shinnecock Bay Inlet) 40[deg]45.70[min] N 72[deg]45.15[min] W TO 40[deg]45.72[min] N 72[deg]45.30[min] W (Moriches Bay Inlet) 40[deg]37.32[min] N 73[deg]18.40[min] W TO 40[deg]38.00[min] N 73[deg]18.56[min] W (Fire Island Inlet) 40[deg]34.40[min] N 73[deg]34.55[min] W TO 40[deg]35.08[min] N 73[deg]35.22[min] W (Jones Inlet) New Jersey 39[deg]45.90[min] N 74[deg]05.90[min] W TO 39[deg]45.15[min] N 74[deg]06.20[min] W (Barnegat Inlet) 39[deg]30.70[min] N 74[deg]16.70[min] W TO 39[deg]26.30[min] N 74[deg]19.75[min] W (Beach Haven to Brigantine Inlet) 38[deg]56.20[min] N 74[deg]51.70[min] W TO 38[deg]56.20[min] N 74[deg]51.90[min] W (Cape May Inlet) 39[deg]16.70[min] N 75[deg]14.60[min] W TO 39[deg]11.25[min] N 75[deg]23.90[min] W (Delaware Bay) Maryland/Virginia 38[deg]19.48[min] N 75[deg]05.10[min] W TO 38[deg]19.35[min] N 75[deg]05.25[min] W (Ocean City Inlet) 37[deg]52.50[min] N 75[deg]24.30[min] W TO 37[deg]11.90[min] N 75[deg]48.30[min] W (Chincoteague to Ship Shoal Inlet) 37[deg]11.10[min] N 75[deg]49.30[min] W TO 37[deg]10.65[min] N 75[deg]49.60[min] W (Little Inlet) 37[deg]07.00[min] N 75[deg]53.75[min] W TO 37[deg]05.30[min] N 75[deg]56.50[min] W (Smith Island Inlet) North Carolina to Florida All marine and tidal waters landward of the 72 COLREGS demarcation line (International Regulations for Preventing Collisions at Sea, 1972), as depicted or noted on nautical charts published by the National Oceanic and Atmospheric Administration (Coast Charts 1:80,000 scale), and as described in 33 CFR part 80. (b) Gear marking requirements. (1) Specified gear consists of lobster trap gear and gillnet gear set in specified areas. (2) Specified areas. The following areas are specified for gear marking purposes: CCB Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, Northern Nearshore Lobster Waters Area, GSC Restricted Lobster Area, GSC Restricted Gillnet Area, GSC Sliver Restricted Area, Southern Nearshore Lobster Waters Area, Offshore Lobster Waters Area, Other Northeast Gillnet Waters Area, and Southeast U.S. Observer Area. (3) Requirements for Southeast U.S. Observer Area. Any person who owns or fishes with specified fishing gear in the Southeast U.S. Observer Area must mark that gear in accordance with (b)(3)(i) and (b)(3)(ii) of this section, unless otherwise required by the Assistant Administrator under paragraph (g) of this section. [[Page 610]] (i) Color code. Specified gear in the Southeast U.S. Observer Area must be marked with the appropriate color code to designate gear types and areas as follows: (A) Gear type code--Gillnet gear. Gillnet gear must be marked with a green marking. (B) Area code. Gear set in the Southeast U.S. Observer Area must be marked with a blue marking. (ii) Markings. All specified gear in specified areas must be marked with two color codes, one designating the gear type, the other indicating the area where the gear is set. Each color of the two-color code must be permanently marked on or along the line or lines specified under (f)(2) of this section. Each color mark of the color codes must be clearly visible when the gear is hauled or removed from the water. Each mark must be at least 4 inches (10.2 cm) long. The two color marks must be placed within 6 inches (15.2 cm) of each other. If the color of the rope is the same as or similar to a color code, a white mark may be substituted for that color code. 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 (AA). (4) Requirements for other specified areas. Any person who owns or fishes with specified gear in the other specified areas must mark that gear in accordance with (b)(4)(i) and (b)(4)(ii) of this section, unless otherwise required by the Assistant Administrator under paragraph (g) of this section. For the purposes of the following gear marking requirements only, lobster trap gear set in the CCB Restricted Area during the winter restricted period, the Federal-water portion of the CCB Restricted Area during the off-peak period, and the Stellwagen Bank/ Jeffreys Ledge Restricted Area shall comply with the requirements for the Northern Nearshore Lobster Waters Area. Lobster gear set in the GSC Restricted Lobster Area shall comply with the requirements for the Offshore Lobster Waters Area. Similarly, anchored gillnet gear set in the CCB Restricted area, Stellwagen Bank/Jeffreys Ledge Restricted Area, GSC Restricted Gillnet Area, and GSC Silver Restricted Area shall comply with the requirements for gillnet gear in the Other Northeast Gillnet Waters Area. (i) Color code. Specified gear must be marked with the appropriate colors to designate gear-types and areas as follows: (A) Lobster trap gear in the Northern Nearshore Lobster Waters Area must be marked with a red marking. (B) Lobster trap gear in the Southern Nearshore Lobster Waters Area must be marked with an orange marking. (C) Lobster trap gear in the Offshore Lobster Waters Area must be marked with a black marking. (D) Gillnet gear in the Other Northeast Gillnet Waters Area must be marked with a green marking. (ii) Markings. All specified gear in specified areas must be marked with one color code (see paragraph (4)(i) of this section) which indicates the gear type and general area where the gear is set. Each color code must be permanently affixed on or along the line or lines. Each color code must be clearly visible when the gear is hauled or removed from the water. Each mark must be at least 4 inches (10.2 cm) long. The mark must be placed along the buoy line midway in the water column. (5) Changes to requirements. If the Assistant Administrator revises the gear marking requirements in accordance with paragraph (g) of this section, the gear must be marked in compliance with those requirements. (c) Restrictions applicable to lobster trap gear in regulated waters--(1) Universal lobster trap gear requirements. In addition to the area-specific measures listed in (c)(2) through (c)(8) of this section, all lobster trap gear in regulated waters, including the Northern Inshore [[Page 611]] State Lobster Waters Area, must comply with the universal gear requirements listed here\1\. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. --------------------------------------------------------------------------- \1\ Fishers are also encouraged to maintain their buoy lines to be as knot-free as possible. Splices are not considered to be an entanglement threat and are thus preferable to knots. --------------------------------------------------------------------------- (i) No line floating at the surface. No person may fish with lobster trap gear that has any portion of the buoy line that is directly connected to the gear at the ocean bottom floating at the surface at any time. 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, floating line may be used between these objects. (ii) No wet storage of gear. Lobster traps must be hauled out of the water at least once every 30 days. (2) Cape Cod Bay Restricted Area--(i) Area. The CCB restricted area consists of the CCB right whale critical habitat area specified under 50 CFR 226.203(b) unless the Assistant Administrator changes that area in accordance with paragraph (g) of this section. (ii) Area-specific gear requirements during the winter restricted period. No person may fish with lobster trap gear in the CCB Restricted Area during the winter restricted period unless that person's gear complies with the gear marking requirements in paragraph (b) of this section, the universal lobster trap gear requirements in (c)(1) of this section, and the area-specific requirements listed below for the winter restricted period. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (A) Winter restricted period. The winter restricted period for the CCB Restricted Area is from January 1 through May 15 of each year unless the Assistant Administrator changes that area in accordance with paragraph (g) of this section. (B) Weak links. All buoy lines shall be attached to the main buoy with a weak link meeting the following specifications: (1) The breaking strength of the weak link must not exceed 500 lb (226.7 kg). (2) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (C) Single traps and multiple-trap trawls. Single traps and three- trap trawls are prohibited. All traps must be set in either a two-trap string or in a trawl of four or more traps. A two-trap string must have no more than one buoy line. (D) Sinking buoy lines. All buoy lines must be comprised of sinking line except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line. (E) Sinking ground line. All ground lines must be comprised entirely of sinking line. (iii) Area-specific gear requirements during the other restricted period. No person may fish with lobster trap gear in the CCB Restricted Area during the other restricted period unless that person's gear complies with the gear marking requirements in paragraph (b) of this section and the universal lobster trap gear requirements in (c)(1) of this section as well as the area-specific requirements listed below for the other restricted period. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (A) Other restricted period. The other restricted period for the CCB Restricted Area is from May 16 through December 31 of each year unless the Assistant Administrator revises that period in accordance with paragraph (g) of this section. (B) Gear requirements--(1) State-water portion. No person may fish with lobster trap gear in the state-water portion of the CCB Restricted Area during the other restricted period unless that person's gear complies with the requirements for the Northern Inshore State Lobster Waters Area listed in (c)(6) of this section. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. [[Page 612]] (2) Federal-water portion. No person may fish with lobster trap gear in the federal-water portion of the CCB Restricted Area during the other restricted period unless that person's gear complies with the requirements for the Northern Nearshore Lobster Waters Area in (c)(7) of this section. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (3) Great South Channel Restricted Lobster Area--(i) Area. The GSC Restricted Lobster Area consists of the GSC right whale critical habitat area specified under 50 CFR 226.203(a) unless the Assistant Administrator changes that area in accordance with paragraph (g) of this section. (ii) Closure during the spring restricted period--(A) Spring restricted period. The spring restricted period for the GSC Restricted Lobster Area is from April 1 through June 30 of each year unless the Assistant Administrator revises this period in accordance with paragraph (g) of this section. (B) Closure. During the spring restricted period, no person may fish with or set lobster trap gear in this Area unless the Assistant Administrator specifies gear modifications or alternative fishing practices in accordance with paragraph (g) of this section and the gear or practices comply with those specifications. (iii) Area-specific gear requirements for the other restricted period. No person may fish with lobster trap gear in the GSC Restricted Lobster Area unless that person's gear complies with the gear marking requirements in paragraph (b) of this section, the universal lobster trap gear requirements in (c)(1) of this section, and the area-specific requirements listed here for the other restricted period. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (A) Other restricted period. The other restricted period for the GSC Restricted Lobster Area is July 1 through March 31, unless the Assistant Administrator revises the timing in accordance with paragraph (g) of this section. (B) Weak links. All buoy lines must be attached to the main buoy with a weak link meeting the specifications listed in subparagraph (c)(5)(ii)(A) below for the Offshore Lobster Waters Area. (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 as right whale critical habitat under 50 CFR 226.203(b), that lie south of 43[deg]15[min] N. lat. and west of 70[deg] W long. The Assistant Administrator may change that area in accordance with paragraph (g) of this section. (ii) Area-specific gear requirements. No person may fish with lobster trap gear in the Stellwagen Bank/Jeffreys Ledge Restricted Area unless that person's gear complies with the gear marking requirements in paragraph (b) of this section, the universal lobster trap gear requirements in (c)(1) of this section, and the requirements listed for the Northern Nearshore Lobster Waters Area in (c)(7) of this section. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (5) Offshore Lobster Waters Area--(i) Area. The Offshore Lobster Waters Area includes all waters bounded by straight lines connecting the following points in the order stated (including the area known as the Area 2/3 Overlap in the American Lobster Fishery regulations at 50 CFR 697.18 but not including the GSC Restricted Lobster Area): ------------------------------------------------------------------------ Latitude Longitude Point ([deg]N) ([deg]W) ------------------------------------------------------------------------ A............................................. 43[deg]58[m 67[deg]22[m in] in] B............................................. 43[deg]41[m 68[deg]00[m in] in] C............................................. 43[deg]12[m 69[deg]00[m in] in] D............................................. 42[deg]49[m 69[deg]40[m in] in] E............................................. 42[deg]15.5 69[deg]40[m [min] in] F............................................. 42[deg]10[m 69[deg]56[m in] in] K............................................. 41[deg]10[m 69[deg]6.5[ in] min] N............................................. 40[deg]45.5 71[deg]34[m [min] in] M............................................. 40[deg]27.5 72[deg]14[m [min] in] U............................................. 40[deg]12.5 72[deg]48.5 [min] [min] V............................................. 39[deg]50[m 73[deg]01[m in] in] X............................................. 38[deg]39.5 73[deg]40[m [min] in] Y............................................. 38[deg]12[m 73[deg]55[m in] in] Z............................................. 37[deg]12[m 74[deg]44[m in] in] ZA............................................ 35[deg]34[m 74[deg]51[m in] in] ZB............................................ 35[deg]14.5 75[deg]31[m [min] in]\1\ ------------------------------------------------------------------------ \1\ From Point ZB east to the EEZ boundary, thence along the seaward EEZ boundary to Point A. (ii) Area-specific gear requirements. No person may fish with lobster trap gear in the Offshore Lobster Waters Area unless that person's gear complies with the gear marking requirements in [[Page 613]] paragraph (b) of this section, the universal lobster trap gear requirements in (c)(1) of this section, and the gear requirements listed here. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (A) Weak links on all buoy lines. All buoy lines must be attached to the main buoy with a weak link meeting the following specifications: (1) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (2) The breaking strength of these weak links may not exceed 2,000 lb (906.9 kg). (3) Weak links must be designed such that the bitter end of the buoy line is clean and free of any knots when the link breaks. Splices are not considered to be knots for the purposes of this provision. (B) [Reserved] (6) Northern Inshore State Lobster Waters Area--(i) Area. The Northern Inshore State Lobster Waters Area includes the state waters of Rhode Island, Massachusetts, New Hampshire, and Maine but does not include waters exempted under (a)(2) of this section. (ii) Area-specific gear requirements. No person may fish with lobster trap gear in the Northern Inshore State Lobster Waters Area unless that person's gear complies with the universal lobster trap gear requirements in (c)(1) of this section and at least one of the options on the Lobster Take Reduction Technology List in (c)(9) of this section. The Assistant Administrator may revise this requirement in accordance with paragraph (g) of this section. (7) Northern Nearshore Lobster Waters Area--(i) Area. The Northern Nearshore Lobster Waters Area includes all Federal waters of EEZ Nearshore Management Area 1, Area 2, and the Outer Cape Lobster Management Area as defined in the American Lobster Fishery regulations at 50 CFR 697.18, with the exception of the CCB Restricted Area and the Stellwagen Bank/Jeffreys Ledge Restricted Area. (ii) Area-specific gear requirements. No person may fish with lobster trap gear in the Northern Nearshore Lobster Waters Area unless that person's gear complies with the gear marking requirements in paragraph (b) of this section, the universal lobster trap gear requirements in (c)(1) of this section, and the gear requirements listed below for this area. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (A) Weak Links. All buoy lines must be attached to the main buoy with a weak link meeting the following specifications: (1) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (2) The breaking strength of these weak links must not exceed 600 lb (272.4 kg). (3) Weak links must be designed such that the bitter end of the buoy line is clean and free of any knots when the link breaks. Splices are not considered to be knots for the purposes of this provision. (B) Single traps and multiple-trap trawls. Single traps are prohibited. All traps must be set in trawls of two or more traps. All trawls up to and including five traps must have no more than one buoy line. (8) Southern Nearshore Lobster Waters Area--(i) Area. The Southern Nearshore Lobster Waters Area includes all state and federal waters which fall within EEZ Nearshore Management Area 4 and EEZ Nearshore Management Area 5 as described in the American Lobster Fishery regulations in 50 CFR 697.18. (ii) Area-specific gear requirements for the restricted period--(A) Restricted period. The restricted period for Southern Nearshore Lobster Waters is year round unless the Assistant Administrator revises this period in accordance with paragraph (g) of this section. [[Page 614]] (B) Gear requirements. No person may fish with lobster trap gear in the Southern Nearshore Lobster Waters Area during the restricted period unless that person's gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal lobster trap gear requirements in paragraph (c)(1) of this section, and the following gear requirements for this area, which the Assistant Administrator may revise in accordance with paragraph (g) of this section: (1) Buoy Line Weak Links. All buoy lines must be attached to the main buoy with a weak link placed as close to each individual buoy as operationally feasible that meets the following specifications: (i) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (ii) The breaking strength of this weak link may not exceed 600 lb (272.4 kg). (iii) Weak links must be designed such that the bitter end of the buoy line is clean and free of knots when the link breaks. Splices are not considered to be knots for the purpose of this provision. (2) [Reserved] (9) Lobster Take Reduction Technology List. The following gear modification options comprise the Lobster Take Reduction Technology List: (i) Through December 31, 2002, all buoy lines must be 7/16 inches (1.11 cm) or less in diameter. (ii) All buoys must be attached to the buoy line with a weak link meeting the following specifications: (A) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (B) The breaking strength of these weak links must not exceed 600 lb (272.4 kg). (C) Weak links must be designed such that the bitter end of the buoy line is clean and free of any knots when the link breaks. Splices are not considered to be knots for the purposes of this provision. (iii) All buoy lines must be comprised entirely of sinking and/or neutrally buoyant line. (iv) All ground lines must be comprised entirely of sinking and/or neutrally buoyant line. (d) Restrictions applicable to anchored gillnet gear--(1) Universal anchored gillnet gear requirements. In addition to the area-specific measures listed in (d)(2) through (d)(7) of this section, all anchored gillnet gear in regulated waters must comply with the universal gear requirements listed here \2\. The AA may revise these requirements in accordance with paragraph (g) of this section. --------------------------------------------------------------------------- \2\ Fishers are also encouraged to maintain their buoy lines to be as knot-free as possible. Splices are not considered to be an entanglement threat and are thus preferable to knots. --------------------------------------------------------------------------- (i) No line floating at the surface. No person may fish with anchored gillnet gear that has any portion of the buoy line that is directly connected to the gear on the ocean bottom floating at the surface at any time. 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, floating line may 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. (2) Cape Cod Bay Restricted Area--(i) Area. The CCB Restricted Area consists of the CCB right whale critical habitat area specified under 50 CFR 226.203(b), unless the AA changes the boundaries in accordance with paragraph (g) of this section. (ii) Closure during the winter restricted period--(A) Winter restricted period. The winter restricted period for this area is from January 1 through May 15 of each year, unless the AA revises the timing in accordance with paragraph (g) of this section. [[Page 615]] (B) Closure. During the winter restricted period, no person may fish with anchored gillnet gear in the CCB Restricted Area unless the AA specifies gear restrictions or alternative fishing practices in accordance with paragraph (g) of this section and the gear or practices comply with those specifications. The AA 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 critical habitat and are unlikely to return for the remainder of the season. (iii) Area-specific gear requirements for the other restricted period--(A) Other restricted period. The other restricted period for the CCB Restricted Area is from May 16 through December 31 of each year unless the AA revises that period in accordance with paragraph (g) of this section. (B) No person may fish with anchored gillnet gear in the CCB Restricted Area during the other restricted period unless that person's gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in (d)(1) of this section, and the area-specific requirements listed in (d)(6)(ii) of this section for the Other Northeast Gillnet Waters Area. The AA may revise these requirements in accordance with paragraph (g) of this section. (3) Great South Channel Restricted Gillnet Area--(i) Area. The GSC Restricted Gillnet Area consists of the area bounded by lines connecting the following four points: 41[deg]02.2[min] N/69[deg]02[min] W, 41[deg]43.5[min] N/69[deg]36.3[min] W, 42[deg]10[min] N/68[deg]31[min] W, and 41[deg]38[min] N/68[deg]13[min] W. This area includes most of the GSC right whale critical habitat area specified under 50 CFR 226.203(a), with the exception of the sliver along the western boundary described in (d)(4)(i) here. The AA may revise these boundaries in accordance with paragraph (g) of this section. (ii) Closure during the spring restricted period--(A) Spring restricted period. The spring restricted period for the GSC Restricted Gillnet Area is from April 1 through June 30 of each year unless the AA revises that period in accordance with paragraph (g) of this section. (B) Closure. During the spring restricted period, no person may set or fish with anchored gillnet gear in the GSC Restricted Gillnet Area unless the AA specifies gear restrictions or alternative fishing practices in accordance with paragraph (g) of this section and the gear or practices comply with those specifications. (iii) Area-specific gear requirements for the other restricted period--(A) Other restricted period. The other restricted period for the GSC Restricted Gillnet Area is from July 1 though March 31 of each year unless the AA revises that period in accordance with paragraph (g) of this section. (B) During the other restricted period, no person may fish with anchored gillnet gear in the GSC Restricted Gillnet Area unless that person's gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in (d)(1) of this section, and the area-specific requirements listed in (d)(6)(ii) of this section for the Other Northeast Gillnet Waters Area. The AA may revise these requirements in accordance with paragraph (g) of this section. (4) Great South Channel Sliver Restricted Area--(i) Area. The GSC Sliver Restricted Area consists of the area bounded by lines connecting the following points: 41[deg]02.2[min] N/69[deg]02[min] W, 41[deg]43.5[min] N/69[deg]36.3[min] W, 41[deg]40[min] N/69[deg]45[min] W, and 41[deg]00[min] N/69[deg]05[min] W. The AA may revise these boundaries in accordance with paragraph (g) of this section. (ii) Area-specific gear requirements. No person may fish with anchored gillnet gear in the GSC 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 (d)(1) of this section, and the area-specific requirements listed in subparagraph (d)(6)(ii) of this section for the Other Northeast Gillnet Waters Area. The AA may revise these requirements in accordance with paragraph (g) of this section. (5) 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 [[Page 616]] right whale critical habitat under 50 CFR 226.203(b), that lie south of 43[deg]15[min] N. lat. and west of 70[deg] W long. The AA may change these boundaries in accordance with paragraph (g) of this section. (ii) Area-specific gear requirements. No person may fish with 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 (d)(1) of this section, and the area-specific requirements listed in (d)(6)(ii) of this section for the Other Northeast Gillnet Waters Area. The AA may revise these requirements in accordance with paragraph (g) of this section. (6) Other Northeast Gillnet Waters Area--(i) Area. The Other Northeast Gillnet Waters Area consists of all U.S. waters west of the U.S./Canada border and north of a line extending due east from the Virginia/North Carolina border with the exception of the CCB Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, GSC Restricted Gillnet Area, GSC Sliver Restricted Area, Mid-Atlantic Coastal Waters Area, and exempted waters listed in (a)(2) of this section. (ii) Area-specific gear requirements. No person may fish with anchored gillnet gear in the Other Northeast Gillnet Waters Area unless that person's gear complies with the gear marking requirements specified in paragraph (b) of this section, the universal anchored gillnet gear requirements specified in (d)(1) of this section, and the area-specific requirements listed below. The AA may revise these requirements in accordance with paragraph (g) of this section. (A) Buoy line weak links. All buoy lines must be attached to the main buoy with a weak link meeting the following specifications: (1) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the AA. (2) The breaking strength of these weak links must not exceed 1100 lb (498.8 kg). (3) Weak links must be designed such that the bitter end of the buoy line is clean and free of any knots when the link breaks. Splices are not considered to be knots for the purposes of this provision. (B) Net panel weak links. All net panels must contain weak links meeting the following specifications: (1) Weak links must be inserted in the center of the floatline (headrope) of each net panel in a net string. (2) The breaking strength of these weak links must not exceed 1100 lb (498.8 kg). (C) Anchoring System. All anchored gillnet strings containing 20 or fewer net panels must be securely anchored with one of the following anchoring systems: (1) Anchors with the holding power of at least a 22 lb (10.0 kg) Danforth-style anchor at each end of the net string, (2) Dead weights weighing at least 50 lb (22.7 kg) at each end of the net string, or (3) A lead line weighing at least 100 lb (45.4 kg) per 300 ft (91.4 m) for each net panel in the net string. (7) Mid-Atlantic Coastal Waters Area--(i) Area. The Mid-Atlantic Coastal Waters Area consists of all U.S. waters bounded by the line defined by the following points: The southern shore of Long Island, NY, at 72[deg]30[min] W. long., then due south to 33[deg]51[min] N. lat., thence west to the North Carolina-South Carolina border, as defined in Sec. 229.2. (ii) Area-specific gear requirements. From December 1 through March 31, no person may fish with anchored gillnet gear in the Mid-Atlantic Coastal Waters Area unless that person's 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, which the Assistant Administrator may revise in accordance with paragraph (g) of this section: (A) Buoy line weak links. All buoy lines must be attached to the main buoy with a weak link placed as close [[Page 617]] to each individual buoy as operationally feasible that meets the following specifications: (1) The weak link must be chosen from the following list of combinations approved by the NMFS gear research program: 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. (2) The breaking strength of these weak links may not exceed 1,100 lb (498.8 kg). (3) Weak links must be designed such that the bitter end of the buoy line is clean and free of any knots when the link breaks. Splices are not considered to be knots for the purposes of this provision. (B) Net panel weak links. All net panels must contain weak links that meet the following specifications: (1) Weak links must be inserted in the center of the floatline of each 50-fathom (300-ft or 91.4-m) net panel in a net string or every 25 fathoms for longer panels. (2) The breaking strength of these weak links may not exceed 1,100 lb (498.8 kg). (C) Tending/anchoring. All gillnets must return to port with the vessel or be anchored at each end with an anchor capable of the holding power of at least a 22-lb (10.0-kg) Danforth-style anchor. (8) Gillnet Take Reduction Technology List. The following gear characteristics comprise the Gillnet Take Reduction Technology List: (i) All buoy lines are attached to the buoy line with a weak link having a maximum breaking strength of up to 1,100 lb (498.8 kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (ii) Weak links with a breaking strength of up to 1,100 lb (498.8 kg) must be inserted in the center of the floatline (headrope) of each 50 fathom net panel or every 25 fathoms for longer panels. (iii) All buoy lines must be comprised entirely of sinking and/or neutrally buoyant line. (e) Restrictions applicable to mid-Atlantic driftnet gear--(1) Restrictions. From December 1 through March 31 of the following year, no person may fish with driftnet gear at night in the mid-Atlantic coastal waters area unless that gear is tended. During that time, all driftnet gear set by that vessel in the mid-Atlantic coastal waters area must be removed from the water and stowed on board the vessel before a vessel returns to port. The Assistant Administrator may revise these requirements in accordance with paragraph (g) of this section. (f) Restrictions applicable to the southeast U.S. restricted area and the southeast U.S. observer area--(1) Management areas--(i) Southeast U.S. Restricted 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, unless the Assistant Administrator changes that area in accordance with paragraph (g) of this section: ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ SERA1 27[deg]51 (\1\) [min] SERA2 27[deg]51 80[deg]00 [min] [min] SERA3 32[deg]00 80[deg]00 [min] [min] SERA4 32[deg]36 78[deg]52 [min] [min] SERA5 32[deg]51 78[deg]36 [min] [min] SERA6 33[deg]15 78[deg]24 [min] [min] SERA7 33[deg]27 78[deg]04 [min] [min] SERA8 (\2\) 78[deg]33 .9[min] ------------------------------------------------------------------------ \1\Florida shoreline. \2\South Carolina shoreline. (A) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted Area N consists of the Southeast U.S. Restricted Area from 29[deg]00[min] N. lat. northward. (B) Southeast U.S. Restricted Area S. The Southeast U.S. Restricted Area S consists of the Southeast U.S. Restricted Area southward of 29[deg]00[min] N. lat. (ii) Southeast U.S. observer area. The southeast U.S. observer area consists of the southeast U.S. restricted area and an additional area along the coast south to 26[deg]46.5[min] N lat. (near West Palm Beach, FL) and extending from the shore eastward out to 80[deg]00[min] W long., unless the Assistant Administrator changes that area in accordance with paragraph (g) of this section. (2) Gear marking requirements. From November 15 through March 31 of the following year, no person may fish with [[Page 618]] gillnet gear in the southeast U.S. observer area unless that gear is marked according to the gear marking code specified under paragraph (b) of this section. All buoy lines must be marked within 2 ft (0.6 m) of the top of the buoy line and midway along the length of the buoy line. From November 15, 1999, each net panel must be marked along both the float line and the lead line at least once every 100 yards (92.4 m). (3) Observer requirement. No person may fish for shark with gillnet with webbing of 5 inches (12.7 cm) or greater stretched mesh in the southeast U.S. observer area from December 1 through March 31 south of 29[deg]00[min] N. lat. unless the operator of the vessel calls the Southeast Fisheries Science Center Panama City Laboratory in Panama City, FL, not less than 48 hours prior to departing on any fishing trip in order to arrange for observer coverage. If the Panama City Laboratory requests that an observer be taken on board a vessel during a fishing trip at any time from December 1 through March 31 south of 29[deg]00[min] N. lat., no person may fish with such gillnet aboard that vessel in the southeast U.S. observer area unless an observer is on board that vessel during the trip. (4) 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, unless the Assistant Administrator revises the restricted period in accordance with paragraph (g) of this section. (ii) Closure for gillnets. (A) Except as provided under paragraph (f)(4)(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 paragraph (f)(4)(iii) of this section and (f)(4)(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)(4)(ii)(B) 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 Sec. 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; and (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. (iv) Exemption for Spanish Mackerel component of Southeast Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is exempt from the restrictions under paragraph (f)(4)(ii)(B) from December 1 through December 31, and from March 1 through March 31 if: (A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4 7/8 inches (12.4 cm) stretched mesh; (B) A valid commercial vessel permit for Spanish mackerel has been issued to the vessel in accordance with 50 CFR Sec. 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 [[Page 619]] 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); (I) No net is set within 3 nautical miles (5.6 km) of a right, humpback, or fin whale; and (J) 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. (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)(4)(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. (g) Other provisions. In addition to any other emergency authority under the Marine Mammal Protection Act, the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, or other appropriate authority, the Assistant administrator may take action under this section in the following situations: (1) Entanglements in critical habitat or restricted areas. If a serious injury or mortality of a right whale occurs in the Cape Cod Bay critical habitat from January 1 through May 15, the Great South Channel Restricted Area from April 1 through June 30, the Southeast U.S. Restricted Area N from November 15 through April 15, or the Southeast U.S. Restricted Area S from December 1 through March 31 as the result of an entanglement by lobster 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., lobster trap 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 (g)(2) of this section or unless other measures are implemented under paragraph (g)(2) of this section. (2) Other special measures. The Assistant Administrator may revise the requirements of this section through a publication in the Federal Register if: (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. (3) For the purpose of reducing the risk of fishery interactions with right whales, NMFS may establish a temporary Dynamic Area Management (DAM) zone in the following manner: (i) Trigger. Upon receipt of a single reliable report from a qualified individual of three or more right whales within an area NMFS will plot each individual sighting (event) and draw a circle with a 2.8 nm (5.2 km) radius around it, which will be adjusted for the number of right whales sighted such that a density of at least 0.04 right whales per nm2 (1.85 km2) is maintained within the circle. If any circle or group of contiguous circles includes 3 or more right whales, NMFS would consider this core area and its surrounding waters a candidate DAM zone. (ii) DAM zone. Areas for consideration for DAM zones are limited to areas north of 40o N latitude. Having identified any circle or group of contiguous circles including 3 or more right [[Page 620]] whales as candidates for protection, as identified in paragraph (g)(3)(i) of this section, NMFS will determine the extent of the DAM zone as follows: (A) A larger circular zone will be drawn to extend 15 nm (27.8 km) from the perimeter of a circle around each core area. (B) The DAM zone will then be defined by a polygon drawn outside but tangential to the circular buffer zone(s). The latitudinal and longitudinal coordinates of the corners of the polygon will then be identified. (iii) Requirements and prohibitions within DAM zones. Notice of specific area restrictions will be published in the Federal Register and will become effective 2 days after publication. Gear not in compliance with the imposed restrictions may not be set in the DAM zone after the effective date. NMFS may: (A) Require owners of gillnet and lobster gear set within the DAM zone to remove all such gear within 2 days after notice is published in the Federal Register, (B) Allow fishing within a DAM zone with anchored gillnet and lobster trap gear, provided such gear satisfies the requirements specified in paragraphs (g)(4)(i)(B)(1) and (g)(4)(i)(B)(2) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. These requirements are in addition to requirements found in Sec. 229.32 (b) through (d) but supersede them when the requirements in paragraphs (g)(4)(i)(B)(1) and (g)(4)(i)(B)(2) of this section, with the exception that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone, are more restrictive than those in Sec. 229.32 (b) through (d). Requirements for anchored gillnet gear in Other Northeast Gillnet Waters are as specified in paragraphs (g)(4)(i)(B)(1) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. Requirements for lobster trap gear in Offshore Lobster Waters, Northern Nearshore Lobster Waters and Northern Inshore State Lobster Waters are as specified in paragraph (g)(4)(i)(B)(2) of this section, except that a second buoy line and a section of floating line in the bottom portion of each line not to exceed one-third the overall length of the buoy line are allowed within a DAM zone. Requirements for anchored gillnet gear in Cape Cod Bay Restricted Area (May 16 through December 31), Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet Area (July 1 through March 31), Great South Channel Sliver Restricted Area (July 1 through March 31), and Mid- Atlantic Coastal Waters are the same as requirements for Other Northeast Gillnet Waters. Requirements for lobster trap gear in Southern Nearshore Lobster Waters, Cape Cod Bay Restricted Area (May 16 through December 31) and Stellwagen Bank/Jeffreys Ledge Restricted Area are the same as requirements for Northern Nearshore Lobster Waters and Northern Inshore State Lobster Waters. Requirements for lobster trap gear in the Great South Channel Restricted Lobster Area (July 1 through March 31) are the same as requirements for Offshore Lobster Waters. (C) Issue an alert to fishermen using appropriate media to inform them of the fact that right whale density in a certain area has triggered a DAM zone. In the alert, NMFS will provide detailed information on the location of the DAM zone and the number of animals sighted within it. Furthermore, NMFS will request that fishermen voluntarily remove lobster trap and anchored gillnet gear from the DAM zone and ask that no additional gear be set inside it for 15 days or until NMFS rescinds the alert. (D) The determination of whether restrictions will be imposed within a DAM zone would be based on NMFS' review of a variety of factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review [[Page 621]] of recent right whale entanglement and mortality data. (iv) Restricted period. Any DAM zone will remain in effect for a minimum period of 15 days. At the conclusion of the 15-day period, the DAM zone will expire automatically unless it is extended by subsequent publication in the Federal Register. (v) Extensions of the restricted period. Any 15-day period may be extended if NMFS determines that the trigger established in paragraph (g)(3)(i) of this section continues to be met. (vi) Reopening of restricted zone. NMFS may remove any gear restriction or prohibition and reopen the DAM zone prior to its automatic expiration if there are no confirmed sightings of right whales for at least 1 week, or other credible evidence indicates that right whales have left the DAM zone. NMFS will notify the public of the reopening of a DAM zone prior to the expiration of the 15-day period by issuing a document in the Federal Register and through other appropriate media. (4) Seasonal Area Management (SAM) Program. In addition to existing requirements for vessels deploying anchored gillnet or lobster trap gear in the Other Northeast Gillnet Waters, Northern Inshore State Lobster Waters, Northern Nearshore Lobster Waters, and Offshore Lobster Waters found at Sec. 229.32 (b) - (d), a vessel may fish in the SAM Areas as described in paragraphs (g)(4)(i)(A) and (g)(4)(ii)(A) of this section, which overlay the previously mentioned areas, provided the vessel complies with the gear requirements specified in paragraphs (g)(4)(i)(B) and (g)(4)(ii)(B) of this section during the times specified in those paragraphs. The gear requirements in (g)(4)(i)(B) and (g)(4)(ii)(B) supercede requirements found at Sec. 229.32 (b) - (d) when the former are more restrictive than the latter. Copies of a chart depicting these areas are available from the Regional Administrator upon request. (i) SAM West. (A) Area. SAM West consists of all waters bounded by straight lines connecting the following points in the order stated: SAM West ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ SAM1............................. 42[deg]04.8[min].. 70[deg]10[min] SAM2............................. 42[deg]12[min].... 70[deg]15[min] SAM3............................. 42[deg]30[min].... 70[deg]15[min] SAM4............................. 42[deg]30[min].... 69[deg]24[min] SAM5............................. 41[deg]48.9[min].. 69[deg]24[min] SAM6............................. 41[deg]45[min].... 69[deg]33[min] SAM7............................. 41[deg]45[min].... 69[deg]55.8[min] ------------------------------------------------------------------------ (B) Gear requirements. Unless otherwise authorized by the Assistant Administrator for Fisheries, NMFS, in accordance with paragraph (g)(2) of this section, from March 1 through April 30, no person may fish with anchored gillnet or lobster trap gear in SAM West unless that person's gear complies with the following gear characteristics: (1) Anchored gillnet gear. (i) Ground lines and Buoy lines--All ground lines and buoy lines must be made entirely of sinking or neutrally buoyant line. Floating ground lines and buoy lines are prohibited. (ii) Buoy weak links--All buoy lines are attached to the buoy with a weak link having a maximum breaking strength of up to 1,100 lb (498.9 kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (iii) Net panel weak link--Each net panel must have a total of five weak links. The breaking strength of each of these weak links must not exceed 1,100 lb (498.9 kg). The weak link requirements apply to all variations in panel size. Three of the five weak links must be located on the floatline. One floatline weak link must be placed at the center of the net panel, and two weak links must be placed as close as possible to each of the bridle ends of the net panel. The remaining two of the five weak links must be placed in the center of each of the up and down lines at either end of each panel. (iv) Buoy line--No more than one buoy line per net string may be used, and it must be deployed at the northern or western end of the gillnet string depending on the direction of the set. (v) Gillnet anchor--All anchored gillnets, regardless of the number of net panels, must be securely anchored [[Page 622]] with a holding power of at least a 22 lb (9.9 kg) Danforth-style anchor at each end of the net string. (2) Lobster Trap gear. (i) Ground lines and Buoy lines--All ground lines and buoy lines must be made entirely of sinking or neutrally buoyant line. Floating ground lines and buoy lines are prohibited. (ii) Northern Inshore State Lobster Waters and Northern Nearshore Lobster Waters Areas buoy weak links--All buoy lines must be attached to the buoy with a weak link having a maximum breaking strength of up to 600-lb (272.4-kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator for Fisheries. (iii) Offshore Lobster Waters Area buoy weak links--All buoy lines must be attached to the buoy with a weak link having a maximum breaking strength of up to 1,500 lb (680.4 kg). Weak links may include swivels, plastic weak links, rope of appropriate diameter, hog rings, rope stapled to a buoy stick, or other materials or devices approved in writing by the Assistant Administrator. (iv) Buoy line--No more than one buoy line per trawl is allowed. The buoy line must be attached to the northern or western end of the trawl string depending on the direction of the set. These requirements supersede the requirements found at Sec. 697.21, which require one radar reflector at each end of a trawl with more than three traps. (ii) SAM East. (A) Area. SAM East consists of all waters bounded by straight lines connecting the following points in the order stated: SAM EAST ------------------------------------------------------------------------ Point N. Lat. W. Long. ------------------------------------------------------------------------ SAM5............................. 41[deg]48.9[min].. 69[deg]24[min] SAM4............................. 42[deg]30[min].... 69[deg]24[min] SAM8............................. 42[deg]30[min].... 67[deg]26[min] SAM9............................. 41[deg]45[min].... 66[deg]50[min] SAM10............................ 41[deg]45[min].... 68[deg]17[min] SAM11............................ 42[deg]10[min].... 68[deg]31[min] ------------------------------------------------------------------------ (B) Gear requirements. Unless otherwise authorized by the Assistant Administrator for Fisheries, NMFS, in accordance with paragraph (g)(2) of this section, from May 1 through July 31, no person may fish with anchored gillnet or lobster trap gear in SAM East unless that person's gear complies with the gear characteristics found at paragraph (g)(4)(i)(B) of this section. Note to Sec. 229.32: Additional regulations that affect fishing with lobster trap gear have also been issued under authority of the Atlantic Coastal Fisheries Cooperative Management Act in part 697 of this title. [64 FR 7552, Feb. 16, 1999, as amended at 65 FR 70317, Nov. 22, 2000; 65 FR 80377, Dec. 21, 2000; 67 FR 1141, 1159, Jan. 9, 2002; 67 FR 1313, Jan. 10, 2002; 67 FR 15494, Apr. 2, 2002; 67 FR 59477, Sept. 23, 2002; 67 FR 65727, Oct. 28, 2002; 68 FR 19465, Apr. 21, 2003; 68 FR 51200, Aug. 26, 2003; 72 FR 34642, June 25, 2007]