{"data":{"id":"us/50-cfr-229.33","jurisdiction":"us","citation":"50 CFR 229.33","heading":"Harbor Porpoise Take Reduction Plan Regulations—New England.","body":"(a) Restrictions—(1) Northeast Closure Area—(i) Area restrictions. From August 15 through September 13, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Northeast Closure Area. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described and used as set forth in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Northeast Closure Area is bounded by straight lines connecting the following points in the order stated:\nNortheast Closure Area\nPoint N. Lat. W. Long.\nNE1 44°27.3′ 68°55.0′ (ME shoreline)\nNE2 43°29.6′ 68°55.0′\nNE3 44°04.4′ 67°48.7′\nNE4 44°06.9′ 67°52.8′\nNE5 44°31.2′ 67°02.7′\nNE6 44°45.8′ 67°02.7′ (ME shoreline)\n(2) Mid-Coast Management Area—(i) Area restrictions. From September 15 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Mid-Coast Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described and used as set forth in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Mid-Coast Management Area is the area bounded by straight lines connecting the following points in the order stated:\nMid-Coast Management Area\nPoint N. Lat. W. Long.\nMC1 42°30.0′ 70°50.1′ (MA shoreline)\nMC2 42°30.0′ 70°15.0′\nMC3 42°40.0′ 70°15.0′\nMC4 42°40.0′ 70°00.0′\nMC5 43°00.0′ 70°00.0′\nMC6 43°00.0′ 69°30.0′\nMC7 43°30.0′ 69°30.0′\nMC8 43°30.0′ 69°00.0′\nMC9 44°17.8′ 69°00.0′ (ME shoreline)\n(3) Massachusetts Bay Management Area—(i) Area restrictions. From November 1 through February 28/29 and from April 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massachusetts Bay Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Massachusetts Bay Management Area. These restrictions do not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Massachusetts Bay Management Area is bounded by straight lines connecting the following points in the order stated:\nMassachusetts Bay Management Area\nPoint N. Lat. W. Long.\nMB1 42°30.0′ 70°50.1′ (MA shoreline)\nMB2 42°30.0′ 70°30.0′\nMB3 42°15.0′ 70°30.0′\nMB4 42°15.0′ 70°00.0′\nMB5 42°00.0′ 70°00.0′\nMB6 42°00.0′ 70°01.2′ (MA shoreline)\nMB7 42°00.0′ 70°04.8′ (MA shoreline)\nMB8 42°00.0′ 70°42.2′ (MA shoreline)\n(4) Stellwagen Bank Management Area—(i) Area restrictions. From November 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Stellwagen Bank Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Stellwagen Bank Management Area is bounded by straight lines connecting the following points in the order stated:\nStellwagen Bank Management Area\nPoint N. Lat. W. Long.\nSB1 42°30.0′ 70°30.0′\nSB2 42°30.0′ 70°15.0′\nSB3 42°15.0′ 70°15.0′\nSB4 42°15.0′ 70°30.0′\nSB1 42°30.0′ 70°30.0′\n(5) Southern New England Management Area—(i) Area restrictions. From December 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Southern New England Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Southern New England Management Area is bounded by straight lines connecting the following points in the order stated:\nSouthern New England Management Area\nPoint N. Lat. W. Long.\nSNE1 Western boundary as specified 1.\nSNE2 40°00.0′ 72°30.0′\nSNE3 40°00.0′ 69°30.0′\nSNE4 42°15.0′ 69°30.0′\nSNE5 42°15.0′ 70°00.0′\nSNE6 41°58.3′ 70°00.0′ (MA shoreline)\n1 Bounded on the west by a line running from the Rhode Island shoreline at 41°18.2′ N. lat. and 71°51.5′ W. long. (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race Point, Fishers Island, NY; and from Race Point, Fishers Island, NY; southeasterly to the intersection of the 3-nautical mile line east of Montauk Point; southwesterly along the 3-nautical mile line to the intersection of 72°30.0′ W. long.\n(6) Cape Cod South Closure Area—(i) Area restrictions. From March 1 through March 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cape Cod South Closure Area. This prohibition does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Cape Cod South Closure Area is bounded by straight lines connecting the following points in the order stated:\nCape Cod South Closure Area\nPoint N. Lat. W. Long.\nCCS1 41°19.6′ 71°45.0′ (RI shoreline)\nCCS2 40°40.0′ 71°45.0′\nCCS3 40°40.0′ 70°30.0′\nCCS4 41°20.9′ 70°30.0′\nCCS5 41°23.1′ 70°30.0′\nCCS6 41°33.1′ 70°30.0′ (MA shoreline)\n(7) Offshore Management Area—(i) Area restrictions. From November 1 through May 31, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Offshore Management Area, unless the gillnet gear is equipped with pingers in accordance with paragraphs (b) and (c) of this section. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Offshore Management Area is bounded by straight lines connecting the following points in the order stated:\nOffshore Management Area\nPoint N. Lat. W. Long.\nOFS1 42°50.0′ 69°30.0′\nOFS2 43°10.0′ 69°10.0′\nOFS3 43°10.0′ 67°40.0′\nOFS4 43°05.8′ 67°40.0′ (EEZ boundary)\nOFS5 42°53.1′ 67°44.5′ (EEZ boundary)\nOFS6 42°47.3′ 67°40.0′ (EEZ boundary)\nOFS7 42°10.0′ 67°40.0′\nOFS8 42°10.0′ 69°30.0′\nOFS1 42°50.0′ 69°30.0′\n(8) Cashes Ledge Closure Area—(i) Area restrictions. During the month of February, it is prohibited to fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from the Cashes Ledge Closure Area. This restriction does not apply to vessels fishing with a single pelagic gillnet (as described in § 648.81(f)(2)(ii) of this title).\n(ii) Area boundaries. The Cashes Ledge Closure Area is bounded by straight lines connecting the following points in the order stated:\nCashes Ledge Closure Area\nPoint N. Lat. W. Long.\nCL1 42°30.0′ 69°00.0′\nCL2 42°30.0′ 68°30.0′\nCL3 43°00.0′ 68°30.0′\nCL4 43°00.0′ 69°00.0′\nCL1 42°30.0′ 69°00.0′\n(b) Pingers—(1) Pinger specifications. For the purposes of this subpart, a pinger is an acoustic deterrent device which, when immersed in water, broadcasts a 10 kHz (plus or minus 2 kHz) sound at 132 dB (plus or minus 4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds (plus or minus 15 milliseconds), and repeating every 4 seconds (plus or minus 0.2 seconds).\n(2) Pinger attachment. An operating and functional pinger must be attached at each end of a string of gillnets and at the bridle of every net, or every 300 feet (91.4 m or 50 fathoms), whichever is closer.\n(c) Pinger training and authorization. The operator of a vessel may not fish with, set, haul back, possess on board a vessel unless stowed in accordance with § 229.2, or fail to remove sink gillnet gear or gillnet gear capable of catching multispecies in closed areas where pingers are required as specified under paragraph (b) of this section, unless the operator has satisfactorily received pinger training and possesses and retains on board the vessel a valid pinger training authorization issued by NMFS.\n(d) [Reserved]\n(e) Research permits. An exemption to the requirements set forth in this section may be acquired for the purposes of conducting scientific or gear research within the restricted areas described in this section. A scientific research permit must be acquired through NMFS's existing permit application process, administered by NMFS.\n(f) Other special measures. The Assistant Administrator may, after consultation with the Take Reduction Team, revise the requirements of this section through notification published in the Federal Register if:\n(1) NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch below the stock's PBR level.\n(2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level.","path":["Title 50—Wildlife and Fisheries","CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE","SUBCHAPTER C—MARINE MAMMALS","PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTECTION ACT OF 1972","Subpart C—Take Reduction Plan Regulations and Emergency Regulations"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-50.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:39Z","sha256":"2f96594422a8602e38294d72fb63288db2efb4ac83ff4869a0ed0ad6aed052ad","source_id":"us-cfr","stale":true,"prev":"us/50-cfr-229.32","next":"us/50-cfr-229.34"},"notice":"GroundRules: Original legal text. Not legal advice."}