Current through October 31, 2024
Section 229.36 - [Effective 1/1/2025] Atlantic Pelagic Longline Take Reduction Plan (PLTRP)(a)Purpose and scope. The purpose of this section is to implement the PLTRP to reduce incidental mortality and serious injury of short-finned pilot whales in the Atlantic pelagic longline fishery off the U.S. East Coast, a component of the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. The requirements in this section apply to the owner or operator of any vessel that has been issued or is required to be issued an Atlantic HMS tunas, swordfish, or shark permit (under 50 CFR 635.4 ) and that has onboard pelagic longline gear (as defined at 50 CFR 635.2 ) in the EEZ (as defined in 50 CFR 600.10 ) of the Atlantic Ocean east of the line of demarcation between the Atlantic Ocean and the Gulf of Mexico (as defined in 50 CFR 600.105(c) ).(b) Definitions. In addition to the definitions contained in the MMPA and §§216.3 and 229.2 of this chapter, the following definitions apply.(1)Active gear means mainline in the water with gangions (as defined in 50 CFR 635.2 ) or hooks attached.(2)Mid-Atlantic Bight means the area bounded by rhumb lines connecting the following points: 43° N 77° W; 43° N 71° W; 35° N 71° W; 35° N 77° W; and 43° N 77° W.(c)Marine Mammal Handling and Release Placard. The placard, "Marine Mammal Handling/Release Guidelines: A Quick Reference for Atlantic Pelagic Longline Gear," must be kept posted inside the wheelhouse and on the working deck. You may contact the NMFS Southeast Regional Office at (727) 824-5312 to request additional copies of the placard.(d)Hook and gangion requirements. Vessels operating in the EEZ (as defined in 50 CFR 600.10 ) of the Atlantic Ocean east of the line of demarcation between the Atlantic Ocean and the Gulf of Mexico (as defined in 50 CFR 600.105(c) ) can only possess, use, and deploy hooks and gangions that meet the following specifications:(1)Hooks. The hook shank must be constructed of corrodible round wire stock that can be measured with a caliper or other appropriate gauge and meet the following specifications:(i) A 16/0 circle hook must not exceed 4.05 mm (0.159 in) in diameter and straighten with a force not to exceed 300 lb (136.08 kg), based on manufacturer specifications when new.(ii) A 18/0 circle hook must not exceed 4.40 mm (0.173 in) in diameter and straighten with a force not to exceed 300 lb (136.08 kg), based on manufacturer specifications when new.(2)Gangions. Any gangion (as defined in § 635.2 of this title), must meet all of the following specifications: (i) Made of monofilament nylon. No other line material (e.g., wire) may be used; however, crimps and chafing gear are allowed.(ii) Have a diameter of 1.8 mm (0.071 in) or larger.(iii) Have a breaking strength of at least 300 lb, based on manufacturer specifications when new.(3)Exception for transit. If pelagic longline gear is appropriately stowed, a vessel may transit through the EEZ of the Atlantic Ocean east of the line of demarcation between the Atlantic Ocean and the Gulf of Mexico (as defined in 50 CFR 600.10 5(c)) without meeting the gear requirements specified in this paragraph. For the purpose of this paragraph, transit means non-stop progression through an area without any fishing activity occurring. Longline gear is stowed appropriately if all gangions and hooks are disconnected from the mainline and are stowed on or below deck, hooks are not baited, and all buoys and weights are disconnected from the mainline and drum (buoys may remain on deck).(4)Exception for research. No person may possess, use, or deploy hooks other than what is described in this section unless they have a written letter of authorization on board from the Southeast Regional Administrator to conduct scientific or gear research for reducing bycatch in the pelagic longline fishery. In order to obtain a written letter of authorization, the research must be consistent with the regulations at 50 CFR part 635 and be designed to:(i) Advance the long-term goal of reducing mortality and serious injury of short-finned pilot whales in the Atlantic pelagic longline fishery to insignificant levels approaching a zero mortality and serious injury rate; or,(ii) Reduce the bycatch of other listed, threatened, or protected species in the Atlantic pelagic longline fishery.(e)Mainline gear restrictions. Vessels operating in the portion of the Mid-Atlantic Bight in the EEZ (as defined in 50 CFR 600.10 ) may not deploy pelagic longline gear unless the gear meets the following mainline specifications: (1)Mainline setting. There can only be one piece of mainline in the water at any time. If the gear breaks or parts after setting, the vessel owner or operator must make every effort to remove the additional portions of the gear as soon as possible.(2)Mainline length. Mainline length cannot exceed 32 nmi.(3)Active gear. There can be no more than 30 nmi of active gear.(4)Maximum active gear length. A section of active gear cannot exceed 20 nmi.(5)Gaps. Between any two parts of active gear, there must be a gap of at least 1 nmi. 74 FR 23358 , May 19, 2009, as amended at 88 FR 36972 , June 6, 2023 88 FR 36972 , 7/6/2023; 88 FR 36966 , 7/8/2024; 89 FR 55523 , 1/1/2025