modifications to the harbor porpoise take reduction plan - Northeast ...

al., 1997b). The Northeast Multispecies FMP regulations (50 CFR 648.80) specify a
maximum gillnet panel length of 300 ft (91.4 m or 50 fathoms). However, gillnet
fishermen that are not fishing under a Multispecies or Monkfish permit that are regulated
by the HPTRP may use longer nets. As such, the HPTRP must clearly indicate that in net
panels that are longer than 300 ft in length, pingers must be spaced 300 or fewer feet
apart.
• A number of Management/Closure Area boundary coordinates and labels will be
modified for clarification, consistency, or correction. Particularly, the description of the
western boundary for the exempted waters in Virginia from Chincoteague to Ship Shoal
Inlet (currently landward of 37° 52’N, 75° 24.30’W to 37° 11.90’N, 75° 48.30’W) as
described in 50 CFR 229.34(a)(2) will be modified by replacing this line with the 72
COLREGS demarcation lines to be consistent with the Bottlenose Dolphin Take
Reduction Plan (BDTRP) and the Atlantic Large Whale Take Reduction Plan
(ALWTRP) exemption lines for this area. Additionally, the northern boundary of the
Waters off New Jersey Management Area will be changed from the existing 40° 40’N
boundary further north to the south coast of Long Island, located at 40° 50.1’N, 72° 30’W
(compare Figure 2-2 with Figure 2-9). Currently, the graphic of the Waters off New
Jersey Management Area and the regulatory text definition of this area in the final rule
implementing the HPTRP (63 FR 66464, December 2, 1998) do not agree. This revised
definition would make the boundary of the Waters off New Jersey consistent with 50
CFR 229.34(a)(1), Regulated Waters, and the boundary of the List of Fisheries definition
of the Mid-Atlantic gillnet fishery. Other modifications to boundaries will correct errors
in labels between regulatory text and graphics within the final rule (63 FR 66464,
December 2, 1998), or in tables within the regulations (50 CFR 229.33 and 50 CFR
229.34).
• The current regulatory text for restrictions in the Mid-Coast Management Area (50 CFR
229.33(a)(2)) neglects to state that vessels may fish with the use of pingers during the
“closure” period despite the fact that this exemption was indicated in both the final EA on
the initial HPTRP (NMFS, 1998) and the final rule implementing the HPTRP (63 FR
66464, December 2, 1998). Both documents describe the Mid-Coast Closure Area
regulations as requiring pingers from September 15 through May 31. This regulatory text
will be edited.
• The Mid-Atlantic gear modification regulations (50 CFR 229.34(c)) as described in the
final rule implementing the HPTRP at 63 FR 66464, December 2, 1998) specify both the
maximum floatline length (string length) and the maximum net size allowable within the
three management areas in this region, indirectly identifying the limit on the maximum
number of nets per string. Observer data suggest that a large percentage of gillnet gear
exceeds the intended maximum level of gear. To ensure clarity, the regulatory text will
be amended to specify the maximum number of net panels allowed per net string in the
Mid-Atlantic Management Areas.
These technical amendments correct or clarify the regulations implementing the HPTRP.
Beyond improving comprehension of and associated compliance with the measures, these
changes are not expected to modify the effects of the HPTRP and are not analyzed within this
EA. The adoption of these technical amendments received full consensus from the HPTRT
during the December 2007 meeting.
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