Fisheries of the Northeastern United States; Amendment 9 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 071596E]

Fisheries of the Northeastern United States; Amendment 9 to the

Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability and request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this notice to advise that the Mid-Atlantic

Fishery Management Council (Council) has submitted Amendment 9 to the

Fishery Management Plan for the Summer Flounder, Scup, and Black Sea

Bass Fisheries (FMP) for Secretarial review and is requesting comments

from the public. Amendment 9 would initiate management measures for the

black sea bass fishery.

DATES: Comments must be received on or before September 12, 1996.

ADDRESSES: Send comments to Dr. Andrew A. Rosenberg, Regional Director,

NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA

01930-3799. Mark the outside of the envelope ``Comments on the Black

Sea Bass Fishery.''

Copies of proposed Amendment 9, its Regulatory Impact Review (RIR)

and the Initial Regulatory Flexibility Analysis contained within the

RIR, and the Final Environmental Impact Statement are available from

David R. Keifer, Executive Director, Mid-Atlantic Fishery Management

Council, Room 2115 Federal Building, 300 S. New Street, Dover, DE

19904-6790.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy

Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and

Management Act (Magnuson Act) (16 U.S.C. 1801 et seq.) requires that

each regional fishery management council submit any fishery management

plan or amendment it prepares to the Secretary of Commerce (Secretary)

for review and approval or disapproval. The Magnuson Act also requires

that the Secretary, upon receiving the plan or amendment for review,

immediately make a preliminary evaluation of whether the amendment is

sufficient to warrant continued review, and publish a notice

that the plan or amendment is available for public review and comment.

The Secretary will consider the public comments in determining whether

to approve the plan or amendment.

Amendment 9, if approved, would revise the FMP to institute

management measures for the black sea bass fishery. Such measures would

allow the black sea bass (Centropristis striata) resource to rebuild

over a 7-year period. The black sea bass resource is overfished.

Proposed management measures include: Dealer, charter/party vessel,

and operator permits; moratorium vessel permits for the directed

commercial fishery; a requirement that permitted vessels may sell only

to permitted dealers; mandatory reporting for permitted vessels and

dealers; escape vents on black sea bass pots or traps; degradable

hinges and fasteners in pots or traps; maximum size for rollers used in

roller rig trawl gear; minimum fish sizes for the commercial and

recreational fisheries; minimum codend mesh requirements when

possessing more than a threshold level of black sea bass on board; and

a mechanism to enable the Council to establish special management zones

around artificial reef areas. A framework process would also allow

annual adjustment of the minimum fish size, escape vent size, and mesh

requirements.

In 1998 and beyond, the Council also proposed to implement a

coastwide recreational harvest limit, a state by state commercial quota

to reduce fishing mortality, and a provision to allow for the

respecification of the manner in which the commercial quota is

allocated (e.g. coastwide, rather than state by state).

NMFS, on behalf of the Secretary, disapproved the state by state

commercial quota in Amendment 9 before publishing this notice of

availability as authorized under section 304(a)(1)(A) of the Magnuson

Act.

Day 1 of Amendment 9 is July 15, 1996. Proposed regulations to

implement this amendment are scheduled to be published within 15 days

of this date.

Authority: 16 U.S.C. 1801 et seq.

Dated: July 18, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 96-18699 Filed 7-18-96; 5:03 pm]

BILLING CODE 3510-22-F