(a) Take Reduction Plan gear restrictions. Gear restrictions resulting from the Pacific Offshore Cetacean Take Reduction Plan established under the authority of the Marine Mammal Protection Act of 1972 can be found at 50 CFR 229.31.
(b) Other gear restrictions.
(1) The maximum length of a drift gillnet on
board a vessel shall not exceed 6,000 ft (1828 m).
(2) Up to 1,500 ft (457 m) of drift gillnet
in separate panels of 600 ft (182.88 m) may be on board the vessel in a storage
area.
(c) Protected Resource Area closures.
(1) Pacific leatherback conservation area. No
person may fish with, set, or haul back drift gillnet gear in U.S. waters of
the Pacific Ocean from August 15 through November 15 in the area bounded by
straight lines connecting the following coordinates in the order listed
(i) Pt. Sur at 36°18.5' N. lat
to
(ii) 34°27' N. lat
123°35' W. long., to
(iii)
34°27' N. lat. 129° W. long., to
(iv) 45° N. lat. 129° W. long
thence to
(v) the point where
45° N. lat. intersects the Oregon coast.
(2)
Pacific loggerhead conservation
area. No person may fish with, set, or haul back drift gillnet gear in
U.S. waters of the Pacific Ocean east of the 120° W. meridian from June 1
through August 31 during a forecasted, or occurring, El Nino event off the
coast of southern California.(i)
Notification of an El Nino event. The Assistant Administrator
will publish in the Federal Register a notification that an El Nino event is
occurring, or is forecast to occur, off the coast of southern California and
the requirement of a closure under this paragraph (c)(2). Furthermore, the
Assistant Administrator will announce the requirement of such a closure by
other methods as are necessary and appropriate to provide actual notice to the
participants in the California/Oregon drift gillnet fishery.
(ii)
Determination of El Nino
conditions. The Assistant Administrator will rely on information
developed by NOAA offices which monitor El Nino events, such as NOAA's Climate
Prediction Center and the West Coast Office of NOAA's Coast Watch program, in
order to determine whether an El Nino is forecasted or occurring for the coast
of southern California. The Assistant Administrator will use the monthly sea
surface temperature anomaly charts to determine whether there are warmer than
normal sea surface temperatures present off of southern California during the
months prior to the closure month for years in which an El Nino event has been
declared by the NOAA Climate Prediction Center. Specifically, the Assistant
Administrator, will use sea surface temperature data from the third and second
months prior to the month of the closure for determining whether El Nino
conditions are present off of southern California.
(iii)
Reopening. If, during
a closure as described within this paragraph (c)(2), sea surface temperatures
return to normal or below normal, the Assistant Administrator may publish a
Federal Register notice announcing that El Nino conditions are no longer
present off the coast of southern California and may terminate the closure
prior to August 31.
(d) Mainland area closures. The following areas off the Pacific coast are closed to driftnet gear:
(1) Within the U.S. EEZ from the United
States-Mexico International Boundary to the California-Oregon border from
February 1 through April 30.
(2) In
the portion of the U.S. EEZ within 75 nautical miles from the mainland shore
from the United States-Mexico International Boundary to the California-Oregon
border from May 1 through August 14.
(3) In the portion of the U.S. EEZ within 25
nautical miles of the coastline from December 15 through January 31 of the
following year from the United States-Mexico International Boundary to the
California-Oregon border.
(4) In
the portion of the U.S. EEZ from August 15 through September 30 within the area
bounded by line extending from Dana Point to Church Rock on Santa Catalina
Island, to Point La Jolla, CA.
(5)
In the portion of the U.S. EEZ within 12 nautical miles from the mainland shore
north of a line extending west of Point Arguello, CA, to the California-Oregon
border.
(6) In the portion of the
U.S. EEZ within the area bounded by a line from the lighthouse at Point Reyes
to Noonday Rock, to Southeast Farallon Island to Pillar Point, CA.
(7) In the portion of the U.S. EEZ off the
Oregon coast east of a line approximating 1000 fathoms as defined by the
following coordinates
42°00'00" N. lat. 125°10'30" W. long.
42°25'39" N. lat. 124°59'09" W. long.
42°30'42" N. lat. 125°00'46" W. long.
42°30'23" N. lat. 125°04'14" W. long.
43°02'56" N. lat. 125°06'57" W. long.
43°01'29" N. lat. 125°10'55" W. long.
43°50'11" N. lat. 125°19'14" W. long.
44°03'23" N. lat. 125°12'22" W. long.
45°00'06" N. lat. 125°16'42" W. long.
45°25'27" N. lat. 125°16'29" W. long.
45°45'37" N. lat. 125°15'19" W. long.
46°04'45" N. lat. 125°24'41" W. long.
46°16'00" N. lat. 125°20'32" W.
long.
(8) In the portion of
the U.S. EEZ north of 46°16' N. latitude (Washington coast).
(e) Channel Islands area closures. The following areas off the Channel Islands are closed to driftnet gear:
(1)
San Miguel Island
closures.(i) Within the portion of
the U.S. EEZ north of San Miguel Island between a line extending 6 nautical
miles west of Point Bennett, CA, and a line extending 6 nautical miles east of
Cardwell Point, CA.
(ii) Within the
portion of the U.S. EEZ south of San Miguel Island between a line extending 10
nautical miles west of Point Bennett, CA, and a line extending 10 nautical
miles east of Cardwell Point, CA.
(2)
Santa Rosa Island
closure. Within the portion of the U.S. EEZ north of San Miguel Island
between a line extending 6 nautical miles west from Sandy Point, CA, and a line
extending 6 nautical miles east of Skunk Point, CA, from May 1 through July
31.
(3)
San Nicolas Island
closure. In the portion of the U.S. EEZ within a radius of 10 nautical
miles of 33°16'41" N. lat., 119°34'39" W. long. (west end) from May 1
through July 31.
(4)
San
Clemente Island closure. In the portion of the U.S. EEZ within 6
nautical miles of the coastline on the easterly side of San Clemente Island
within a line extending 6 nautical miles west from 33°02'16" N. lat
118°35'27" W. long. and a line...
