Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan Regulations

Pursuant to the Marine Mammal Protection Act (MMPA), NMFS issues a final rule to implement a harbor porpoise take reduction plan (HPTRP) in the Gulf of Maine and Mid-Atlantic waters. The HPTRP is contained in the HPTRP/ Environmental Assessment/Final Regulatory Flexibility Analysis (HPTRP/EA/FRFA), available upon request (see addresses below). In the Gulf of Maine, these final regulations put into place a series of time and area closures where pingers are required: in the Mid-Coast Closure Area (September 15 through May 31), the Massachusetts Bay and Cape Cod South Closure Areas (December 1 through February 28/29 and April 1 through May 31) and establish a new closure area, the Offshore Closure Area, where pingers are required November 1 through May 31. A complete closure has been added in the Cashes Ledge Closure Area, February 1-28/29. These regulations require any fishermen using pingers in the closed areas where pingers are allowed, to receive training and be certified in pinger use. A certificate must be carried onboard the vessel. In the Mid-Atlantic, this plan closes New Jersey waters from January 1 through April 30 to large and small mesh gear unless gear meets the specified gear modifications. This plan closes southern Mid-Atlantic waters from February 1 through April 30 to large and small mesh gear unless gear meets the specified gear modifications. This plan closes New Jersey waters from April 1-April 20 and southern Mid-Atlantic waters from February 15-March 15 for large mesh gear. The region known as the New Jersey Mudhole is closed to small and large mesh gear from February 15- March 15. All small and large mesh gear in the Mid-Atlantic must be tagged by January 1, 2000.