# 61 FR 43217: Fisheries of the Northeastern United States; Amendment 9 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-21259

## Section

- **Citation:** 61 FR 43217
- **Heading:** Fisheries of the Northeastern United States; Amendment 9 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 61 / 61 FR 43217

## Text

DEPARTMENT OF COMMERCE
50 CFR Part 648

[Docket No. 960805216-6216-01; I.D. 071596E]
RIN 0648-AH06

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: Proposed rule; request for comments.

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

SUMMARY: NMFS issues this proposed rule to implement those provisions
of Amendment 9 to the Fishery Management Plan (FMP) for the Summer
Flounder, Scup and Black Sea Bass Fisheries not initially disapproved.
Amendment 9 would implement management measures for the black sea bass
fishery in order to reduce fishing mortality and allow the stock to
rebuild.

DATES: Public comments must be received on or before October 7, 1996.

ADDRESSES: Comments on the proposed rule or supporting documents should
be sent to Dr. Andrew A. Rosenberg, Regional Director, One Blackburn
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Black Sea Bass Fishery.''
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent
to the Director, Northeast Region, NMFS, at the address above and the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Washington, D.C. 20502 (Attention: NOAA Desk Officer).
Copies of Amendment 9, the final environmental impact statement
(FEIS), the Mid-Atlantic Fishery Management Council's initial
regulatory flexibility analysis, the regulatory impact review, and
other supporting documents are available upon request 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:

Background
ry flexibility analysis, the regulatory impact review, and
other supporting documents are available upon request 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:

Background

In 1978, the Mid-Atlantic Fishery Management Council (Council)
began the development of an FMP for black sea bass pursuant to the
Magnuson Fishery Management and Conservation Act, as amended (Magnuson
Act). Although preliminary development work was done, the FMP was not
completed. In January 1990, the Council and the Atlantic States Marine
Fisheries Commission (Commission) began to develop an FMP for black sea
bass as an amendment to the summer flounder FMP. However, its
development was delayed by a series of amendments to address problems
in the summer flounder fishery. Work on a separate black sea bass FMP
was not resumed until 1993.
NMFS requested that the black sea bass regulations be incorporated
into the summer flounder FMP, as an amendment, because black sea bass
are usually harvested with summer flounder and scup and it is logical
to manage these fisheries under one FMP. Furthermore, this combination
will reduce the number of separate regulations issued by the Federal
government. As a result, the measures were submitted as Amendment 9 to
the Summer Flounder, Scup, and Black Sea Bass FMP. Amendment 9 was
prepared jointly by the Council and Commission, in consultation with
the New England and South Atlantic Fishery Management Councils, and
adopted for NMFS review at the Council meeting in May 1996.
Subsequently, as part of the President's Regulatory Reinvention
Initiative, regulations implementing all fishery management plans for
the marine fisheries of the Northeast region were consolidated into one
new CFR part
he Council and Commission, in consultation with
the New England and South Atlantic Fishery Management Councils, and
adopted for NMFS review at the Council meeting in May 1996.
Subsequently, as part of the President's Regulatory Reinvention
Initiative, regulations implementing all fishery management plans for
the marine fisheries of the Northeast region were consolidated into one
new CFR part. This proposed rule would establish black sea bass
measures at 50 CFR 648, subparts A and I.
A notice of availability for Amendment 9 was published in the
Federal Register on July 24, 1996 (61 FR 38430). The amendment revises
the summer flounder (Paralichthys dentatus) and scup (Stenotomus
chrysops) FMP to include management measures for the black sea bass
(Centropristis striata) fishery. The management unit for this fishery
is black sea bass in U.S. waters of the western Atlantic Ocean from
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC,
northward to the U.S.-Canadian border.

Status of the Stocks

Commercial landings of black sea bass have declined dramatically
from the peak landings of 22 million lb (9.98 mil kg) reported in the
1950's. In 1994, commercial landings were about 2.0 million lb (0.91
mil kg), or about 60 percent of the 1983-1994 average of 3.4 million lb
(1.54 mil kg). Additionally, recreational landings were 2.9 million lb
(1.32 mil kg) in 1994, lower than the 1983-94 average of 3.8 million lb
(1.72 mil kg).
Landings-per-unit-effort (LPUE) from the Mid-Atlantic trawl fishery
has been used as an index of abundance for black sea bass. Standardized
LPUE, defined as metric tons (mt) per days fished for trips landing
more than 25 percent black sea bass, peaked at 11.3 mt in 1984, and
then declined to a low of 1.6 mt in 1992. Standardized LPUE increased
slightly to 3.2 mt in 1993.
The Northeast Fisheries Science Center (NEFSC) has conducted a
spring and autumn offshore survey for a number of species, including
black sea bass, since 1972
LPUE, defined as metric tons (mt) per days fished for trips landing
more than 25 percent black sea bass, peaked at 11.3 mt in 1984, and
then declined to a low of 1.6 mt in 1992. Standardized LPUE increased
slightly to 3.2 mt in 1993.
The Northeast Fisheries Science Center (NEFSC) has conducted a
spring and autumn offshore survey for a number of species, including
black sea bass, since 1972. The spring offshore survey has been used as
an index for black sea bass recruits (fish longer than 20 cm standard
length (SL)) and the autumn inshore survey data as an index of pre-
recruits (fish less than 11 cm SL). The spring recruit index was
generally high in the late 1970's, ranging from 2.0 to 6.09 fish per
tow. The spring index declined from 6.09 fish per tow in 1977 to a low
of 0.2 per tow in 1982. More recently the spring index was 0.87 in 1993
and declined to 0.28 in 1994. The fall pre-recruit indices show a
similar trend (i.e., relatively low recent values compared to the mid-
1970's).
Analyses conducted by the NEFSC indicate a strong correlation
between the fall pre-recruit index and commercial catch per unit effort
in the trawl fishery. The index for pre-recruits indicated that above-
average year classes were produced in 1977, 1982, and 1986. Recruitment
for 1992 and 1993, based on this index, was well below average.
Recruitment was above average in 1994. Despite this above average
recruitment in 1994, available information still indicate that black
sea bass are overexploited.
Overfishing for black sea bass is defined in Amendment 9 as fishing
in excess of Fmax. Fmax is the biological reference point
corresponding to an exploitation rate of 23 percent (i.e., the
proportion of the population removed during a time period), and the
level of fishing mortality (F) that produces maximum yield per recruit.
Based on current conditions in the fishery, Fmax for black sea
bass is 0.29
g for black sea bass is defined in Amendment 9 as fishing
in excess of Fmax. Fmax is the biological reference point
corresponding to an exploitation rate of 23 percent (i.e., the
proportion of the population removed during a time period), and the
level of fishing mortality (F) that produces maximum yield per recruit.
Based on current conditions in the fishery, Fmax for black sea
bass is 0.29. The results of a virtual population analysis--an analysis
of catches from a given year class over its life in the fishery--
indicate that the fishing mortality rate in

1993 was 1.05 (an annual exploitation rate of 60 percent). This rate,
coupled with the above information--that is, the decline in landings,
reduced LPUE, and low survey indices--indicate that black sea bass are
overexploited.

Disapproved Measures

NMFS, on behalf of the Secretary of Commerce, disapproved the
commercial quota mechanism proposed in Amendment 9 based upon a
preliminary evaluation of Amendment 9, as authorized under section
304(a)(1)(A)(ii) of the Magnuson Act. Thus, this provision is not
included in this proposed rule. This provision would have specified an
annual commercial quota apportioned among the states from North
Carolina, northward from Cape Hatteras, through Maine, unless some
other alternative was developed to take its place. This provision was
determined to be inconsistent with national standard 7 of the Magnuson
Act because it is not a viable management measure. Amendment 9 failed
to address adequately how a commercial quota that bifurcates the State
of North Carolina at Cape Hatteras would be implemented, given the fact
that the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region imposes management measures to the south for an
actively fished stock of black sea bass. The quota monitoring system
proposed by the Council would impose significant administrative and
enforcement costs on NMFS and/or the State of North Carolina
a at Cape Hatteras would be implemented, given the fact
that the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region imposes management measures to the south for an
actively fished stock of black sea bass. The quota monitoring system
proposed by the Council would impose significant administrative and
enforcement costs on NMFS and/or the State of North Carolina. The cost
of law enforcement would significantly outweigh any benefits to the
stock, especially in the initial years of quota management, given the
amendment's protracted rebuilding schedule.
NMFS believes that the commercial quota is one of the primary
mechanisms to reduce overfishing in this fishery, and without it there
is no mechanism to attain the reductions in exploitation necessary to
achieve the amendment's goals. Amendment 9 must represent a complete
management program to satisfy the national standards and other
applicable law. Final approval of the remaining measures of Amendment
9, therefore, will be contingent upon the resubmission of a commercial
quota measure that rehabilitates the deficiencies of the disapproved
measure. In order for NMFS to determine that Amendment 9 is a complete,
approvable management program for black sea bass, a resubmission that
revises the quota measure must be received by NMFS in sufficient time
for NMFS to conduct its review of the measure, including the
consideration of public comments received during the public comment
period, by the Day 95 statutory decision deadline for Amendment 9
(October 17, 1996).

Proposed Measures

Vessel, Dealer, and Operator Permits
ement program for black sea bass, a resubmission that
revises the quota measure must be received by NMFS in sufficient time
for NMFS to conduct its review of the measure, including the
consideration of public comments received during the public comment
period, by the Day 95 statutory decision deadline for Amendment 9
(October 17, 1996).

Proposed Measures

Vessel, Dealer, and Operator Permits

The Council proposes to establish a moratorium on commercial vessel
permits for the directed fishery for black sea bass. Any owner or
operator of a vessel desiring to fish for black sea bass within the
exclusive economic zone (EEZ) for sale, or transport, or delivery for
sale, would have to obtain a permit from NMFS for that purpose. Vessel
owners would be required to demonstrate past participation in the
fishery to obtain a commercial moratorium permit. The Council proposes
to limit moratorium permits to vessels with documented landings of
black sea bass for sale between January 26, 1988, and January 26, 1993.
Vessels that were under construction for, or being rerigged for, use in
the directed fishery for black sea bass on January 26, 1993, would be
eligible for a moratorium permit provided they landed black sea bass
for sale prior to January 26, 1994.
The owner or operator of a party or charter boat (vessel for hire)
desiring to fish for black sea bass within the EEZ would have to obtain
a charter/party boat permit from NMFS for that purpose. A party or
charter boat could have both a charter/party boat permit and a
commercial moratorium permit if, in addition to meeting the charter/
party boat criteria, the vessel meets the commercial vessel
qualification requirements set forth in Amendment 9. However, such a
vessel would have to fish under any existing recreational rules if it
were carrying passengers for a fee. A vessel may replace a vessel, with
substantially similar harvesting capacity that initially qualified for
a moratorium permit, but both vessels must be owned by the same person
ia, the vessel meets the commercial vessel
qualification requirements set forth in Amendment 9. However, such a
vessel would have to fish under any existing recreational rules if it
were carrying passengers for a fee. A vessel may replace a vessel, with
substantially similar harvesting capacity that initially qualified for
a moratorium permit, but both vessels must be owned by the same person.
Vessel permits issued to vessels that leave the fishery may not be
combined to create larger replacement vessels.
An operator of a vessel with any permit issued under Amendment 9
would be required to have a Federal operator permit. The operator
permits issued to operators in the Northeast multispecies, American
lobster, Atlantic sea scallops and/or Atlantic mackerel, squid, and
butterfish fisheries would satisfy this requirement. The operator would
be held accountable for violations of the fishing regulations and could
be subject to a permit sanction. During the permit sanction period, the
operator could not work in any capacity aboard a federally permitted
fishing vessel.
Under Amendment 9, any dealer of black sea bass would be required
to have a NMFS dealer permit. A dealer of black sea bass would be
defined as a person or firm that receives black sea bass for a
commercial purpose from the owner or operator of a vessel issued a
moratorium permit pursuant to Amendment 9, other than solely for
transport on land.

Reporting and Recordkeeping
ed
fishing vessel.
Under Amendment 9, any dealer of black sea bass would be required
to have a NMFS dealer permit. A dealer of black sea bass would be
defined as a person or firm that receives black sea bass for a
commercial purpose from the owner or operator of a vessel issued a
moratorium permit pursuant to Amendment 9, other than solely for
transport on land.

Reporting and Recordkeeping

The Council intends to institute recordkeeping and reporting
requirements for black sea bass that are identical to those required by
the Atlantic Mackerel, Squid, and Butterfish, the Summer Flounder, the
Northeast Multispecies, and the Atlantic Sea Scallop Fishery Management
Plans. The logbooks in use for those fisheries would be used to meet
this requirement. These vessels currently must report all species
caught and dealers must report all species purchased. Thus, vessels or
dealers reporting under those FMPs would not be subject to any
additional reporting burdens as a result of the black sea bass
requirements.
Commercial logbooks would be submitted on a monthly basis by
Federal moratorium and charter/party boat permit holders in order to
monitor the fishery.
Dealers with permits issued pursuant to Amendment 9 would submit
weekly reports showing all species purchased in pounds, and the name
and permit number of the vessels from which the species were purchased.
Buyers that do not purchase directly from vessels would not be required
to submit reports under this provision.

Minimum Fish Sizes

Amendment 9 would establish minimum fish sizes that could be
adjusted annually by the Black Sea Bass Monitoring Committee
(Monitoring Committee). The initial minimum fish size would be 9 inches
(22.9 cm) total length for both the commercial and recreational
fisheries.

Minimum Mesh Size
e directly from vessels would not be required
to submit reports under this provision.

Minimum Fish Sizes

Amendment 9 would establish minimum fish sizes that could be
adjusted annually by the Black Sea Bass Monitoring Committee
(Monitoring Committee). The initial minimum fish size would be 9 inches
(22.9 cm) total length for both the commercial and recreational
fisheries.

Minimum Mesh Size

The minimum mesh-size requirement for otter trawl vessels
possessing a threshold catch of 100 lb or more (45.4 kg or more) of
black sea bass would be a minimum codend mesh size of 4.0 inches (10.2
cm) diamond mesh or 3.5 inches (8.9 cm) square mesh, inside measure,
applied throughout the codend for at least 75 continuous meshes forward
of the terminus of the net or, if the net is not long enough for such a

measurement, the terminal one-third of the net, measured from the
terminus of the codend to the center of the head rope. The minimum net
mesh size and the threshold level could be adjusted annually by the
Monitoring Committee.

Maximum Roller Size

Amendment 9 would prohibit owners or operators of vessels issued
moratorium permits from using roller rig trawl gear equipped with
rollers greater than 18 inches (45.7 cm) in diameter.

Pot and Trap Gear Requirements

Black sea bass pots and traps would be required to have a minimum
escape vent of 1 - 1/8 inches x 5 3/4 inches (2.86 cm x 14.61 cm), 2.0
inches (5.1 cm) in diameter, or 1.5 inches (3.81 cm) square (inside
measure). Compliance with the escape vent provision would be required
at the start of the first calendar year following approval of Amendment
9, so that harvesters would not be required to pull their pots and add
vents in the middle of the season. Black sea bass pots and traps would
be required to have hinges and fasteners on one panel or door made of
degradable materials
cm) square (inside
measure). Compliance with the escape vent provision would be required
at the start of the first calendar year following approval of Amendment
9, so that harvesters would not be required to pull their pots and add
vents in the middle of the season. Black sea bass pots and traps would
be required to have hinges and fasteners on one panel or door made of
degradable materials. The opening in the pot or trap covered by the
panel affixed to the trap with degradable fasteners would have to be at
least 3 inches x 6 inches (7.62 cm x 15.24 cm).
The escape vent requirement could be adjusted annually by the
Monitoring Committee.

Harvest Limit

In 1998, a coastwide harvest limit would be specified at a level
that would reduce the exploitation rate to the level specified in the
rebuilding schedule. This harvest limit would be allocated 49 percent
to the commercial fishery, and 51 percent to the recreational fishery,
via a recreational harvest limit. The coastwide harvest limit will be
set annually by the Monitoring Committee.

Recreational Measures

Beginning in 1997, recreational landings would be compared to
annual target harvest levels to determine if modifications to the
recreational season, possession limit, and minimum size limit are
required in the following year in order for the fishery to remain
within specified harvest limits.

Special Management Zones

An individual issued a permit by the Corps of Engineers for an
artificial reef (permittee) may make a request to the Council that the
artificial reef, and appropriate surrounding area of the artificial
reef, fish attraction device, or other modification of habitat for the
purpose of fishing, be designated as a special management zone (SMZ).
The SMZ would prohibit or restrain the use of specific types of fishing
gear that are not compatible with the intent of the permittee for the
artificial reef or habitat modification
the
artificial reef, and appropriate surrounding area of the artificial
reef, fish attraction device, or other modification of habitat for the
purpose of fishing, be designated as a special management zone (SMZ).
The SMZ would prohibit or restrain the use of specific types of fishing
gear that are not compatible with the intent of the permittee for the
artificial reef or habitat modification. The establishment of an SMZ
would be done by regulatory amendment involving full public
participation.

Classification

Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires
NMFS to publish regulations proposed by a Council within 15 days of
receipt of the amendment and proposed regulations. At this time, NMFS
has not determined whether the measures in Amendment 9 that these rules
would implement are consistent with the national standards, other
provisions of the Magnuson Act, and other applicable law. NMFS, in
making that determination, will take into account the information,
views, and comments received during the comment period.
The Council prepared an FEIS for Amendment 9, a copy of which may
be obtained from the Council (see ADDRESSES).
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration, that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. Amendment 9 would implement management measures for the
black sea bass fishery where none had previously existed. The economic
analysis contained in Amendment 9 indicates that it is unlikely that
the measures that would be implemented by this action would increase or
decrease ex-vessel revenues by more than 5 percent for more than 20
percent of the small entities engaged in the black sea bass fishery
t 9 would implement management measures for the
black sea bass fishery where none had previously existed. The economic
analysis contained in Amendment 9 indicates that it is unlikely that
the measures that would be implemented by this action would increase or
decrease ex-vessel revenues by more than 5 percent for more than 20
percent of the small entities engaged in the black sea bass fishery.
Based on the available information, many fishery participants are
already in compliance with the measures proposed to be implemented
(including a maximum diameter for roller gear and minimum mesh size
requirements for the otter trawl fishery, and fish size requirements).
Black sea bass fishery participants generally land scup, summer
flounder, squid, dogfish, and other species with black sea bass. Sixty
percent of the trips landing black sea bass are otter trawl trips.
Based on 1992 data for otter trawl trips landing over 100 pounds of
black sea bass, Loligo, scup, and summer flounder comprise
approximately 34, 12 and 11 percent by weight, respectively, of the
total catch, whereas black sea bass comprises approximately only 2.5
percent. This 2.5 percent by weight comprises only 3.6 percent of the
value of the total catch. For the years 1983 to 1992 combined, nearly
60 percent of the trips landing black sea bass used otter trawl gear.
Minimum fish size regulations (see above) for black sea bass
contained in this amendment may reduce total pounds landed in 8 of the
13 states that do not currently have minimum fish size requirements for
this species, because fishermen may no longer land fish smaller than
the minimum size. However, based on the available data, the amount of
reduction of landings is not expected to be significant
imum fish size regulations (see above) for black sea bass
contained in this amendment may reduce total pounds landed in 8 of the
13 states that do not currently have minimum fish size requirements for
this species, because fishermen may no longer land fish smaller than
the minimum size. However, based on the available data, the amount of
reduction of landings is not expected to be significant. For example,
even if size restrictions were to reduce coastwide otter trawl landings
by 10 percent (a worse case assumption from the point of adverse
economic impact), impact on otter trawl vessels would be marginal
because of the low proportion of black sea bass in the total catch, as
noted above. It is anticipated that the minimum fish size would have
similarly insignificant impacts on the remaining gear types, which
comprise the remaining 40 percent of all black sea bass landings.
Therefore, this rule most likely would not have a significant impact on
a substantial number of small entities.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA). The proposed rule
contains new requirements that have been submitted to OMB for approval.
These requirements and their estimated response times are: Mandatory
dealer reporting at 2 minutes per response, annual employment data at 6
minutes per response, vessel reporting requirements at 5 minutes per
response, vessel permits and permit appeals at 30 minutes per response,
operator permits at 1 hour per response, observer notification
requirement at 2 minutes per response, vessel marking (3 locations) at
15 minutes per marking, gear identification requirements at 1 minute
per response, and requests for an experimental fishing exemption at 1.9
hours.
The response estimates shown include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information
nse, vessel marking (3 locations) at
15 minutes per marking, gear identification requirements at 1 minute
per response, and requests for an experimental fishing exemption at 1.9
hours.
The response estimates shown include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding any of these burden
estimates or any other aspect of the collection of information to NMFS
and OMB (see ADDRESSES).
Notwithstanding any other provision of the law, no person is
required to

respond to, nor shall any person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB control number.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: August 14, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
1. The authority citation for part 648 continues to read as
follows:

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

2. In Sec. 648.1, paragraph (a) is revised to read as follows:

Sec. 648.1 Purpose and scope.

(a) This part implements the fishery management plans (FMP) for the
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel,
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP));
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam
and Ocean Quahog FMP); the Northeast multispecies fishery (NE
Multispecies FMP); and the summer flounder, scup and the black sea bass
fisheries (Summer Flounder, Scup and Black Sea Bass FMP). These FMPs
and the regulations in this part govern the conservation and management
of fisheries of the northeastern United States
);
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam
and Ocean Quahog FMP); the Northeast multispecies fishery (NE
Multispecies FMP); and the summer flounder, scup and the black sea bass
fisheries (Summer Flounder, Scup and Black Sea Bass FMP). These FMPs
and the regulations in this part govern the conservation and management
of fisheries of the northeastern United States.
* * * * *
3. In Sec. 648.2, the definitions for ``Black Sea Bass Monitoring
Committee,'' ``Black sea bass pot or black sea bass trap,'' are added,
in alphabetical order, and the definition for ``Council'' is revised to
read as follows:
* * * * *
Black Sea Bass Monitoring Committee means a committee made up of
staff representatives of the Mid-Atlantic, New England, and South
Atlantic Fishery Management Councils, the Northeast Regional Office of
NMFS, the Northeast Fisheries Science Center, and Commission
representatives. The Council Executive Director or his designee chairs
the Committee.
Black sea bass pot or black sea bass trap means any such gear used
to catch and retain black sea bass.
* * * * *
Council means the New England Fishery Management Council (NEFMC)
for the Atlantic sea scallop and the NE multispecies fisheries, or the
Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic
mackerel, squid, and butterfish; the Atlantic surf clam and ocean
quahog; and the summer flounder, scup and black sea bass fisheries.
* * * * *
4. In Sec. 648.4, paragraph (a)(6) is added and reserved, paragraph
(a)(7) is added, and paragraph (b) is revised to read as follows:

Sec. 648.4 Vessel permits.
pecies fisheries, or the
Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic
mackerel, squid, and butterfish; the Atlantic surf clam and ocean
quahog; and the summer flounder, scup and black sea bass fisheries.
* * * * *
4. In Sec. 648.4, paragraph (a)(6) is added and reserved, paragraph
(a)(7) is added, and paragraph (b) is revised to read as follows:

Sec. 648.4 Vessel permits.

(a) * * *
(7) Black sea bass vessels. Beginning 90 days following the
effective date of these regulations, any vessel of the United States
that fishes for or retains black sea bass in or from the EEZ north of
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, must
have been issued and carry on board a valid black sea bass moratorium
permit, except for vessels other than party or charter vessels that
observe the possession limit established pursuant to Sec. 648.145.
(i) Moratorium permits--(A) Eligibility. A vessel is eligible to
receive a permit to fish for and retain black sea bass in excess of the
possession limit established pursuant to Sec. 648.145 in the EEZ north
of 35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, if it
meets any of the following criteria:
(1) The vessel landed and sold black sea bass between January 26,
1988, and January 26, 1993; or
(2) The vessel was under construction for, or was being rerigged
for, use in the directed fishery for black sea bass on January 26,
1993, provided the vessel landed black sea bass for sale prior to
January 26, 1994.
(3) The vessel is replacing a vessel of substantially similar
harvesting capacity that qualifies under the criteria of paragraph
ween January 26,
1988, and January 26, 1993; or
(2) The vessel was under construction for, or was being rerigged
for, use in the directed fishery for black sea bass on January 26,
1993, provided the vessel landed black sea bass for sale prior to
January 26, 1994.
(3) The vessel is replacing a vessel of substantially similar
harvesting capacity that qualifies under the criteria of paragraph
(a)(7)(i)(A)(1) or (a)(7)(i)(A)(2) of this section, and both the
entering and replaced vessels are owned by the same person. Vessel
permits issued to vessels that leave the fishery may not be combined to
create larger replacement vessels.
(B) Application/renewal restrictions. No one may apply for an
initial black sea bass moratorium permit after:
(1) [Insert date 12 months after the effective date of the final
rule]; or
(2) The owner retires the vessel from the fishery.
(C) Qualification restriction. Unless the Regional Director
determines to the contrary, no more than one vessel may qualify at any
one time for a black sea bass moratorium permit based on that or
another vessel's fishing and permit history. If more than one vessel
owner claims eligibility for a black sea bass moratorium permit based
on one vessel's fishing and permit history, the Regional Director will
determine who is entitled to qualify for the permit according to
paragraph (D) of this section.
(D) Change in ownership. The fishing and permit history of a vessel
is presumed to transfer with the vessel whenever it is bought, sold, or
otherwise transferred, unless there is a written agreement, signed by
the transferor/seller and transferee/buyer, or other credible written
evidence, verifying that the transferor/seller is retaining the
vessel's fishing and permit history for purposes of replacing the
vessel. If the fishing and permit history of the vessel is transferred,
the transferee/buyer must comply with the requirements of Sec. 648.4(h)
for the continuation of a moratorium permit for his or her benefit
seller and transferee/buyer, or other credible written
evidence, verifying that the transferor/seller is retaining the
vessel's fishing and permit history for purposes of replacing the
vessel. If the fishing and permit history of the vessel is transferred,
the transferee/buyer must comply with the requirements of Sec. 648.4(h)
for the continuation of a moratorium permit for his or her benefit.
(E) Replacement vessels. To be eligible for a moratorium permit
under this section, the replacement vessel must be of substantially
similar harvesting capacity as the vessel that initially qualified for
the moratorium permit, and both vessels must be owned by the same
person. Vessel permits issued to vessels that leave the fishery may not
be combined to create larger replacement vessels.
(F) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit may appeal to the Regional Director within 30 days of
the notice of denial. Any such appeal shall be in writing. The only
ground for appeal is that the Regional Director erred in concluding
that the vessel did not meet the criteria in paragraph (a)(7)(i)(A)(1)
or (a)(7)(i)(A)(2) of this section. The appeal shall set forth the
basis for the applicant's belief that the Regional Director's decision
was made in error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Director.
(3) The hearing officer shall make a recommendation to the Regional
Director.
(4) The decision on the appeal by the Regional Director is the
final decision of the Department of Commerce.
(ii) Party and charter boat permit. The owner of any party or
charter boat must obtain a permit to fish for or retain black sea bass
in or from the EEZ while carrying passengers for hire.
Regional Director.
(3) The hearing officer shall make a recommendation to the Regional
Director.
(4) The decision on the appeal by the Regional Director is the
final decision of the Department of Commerce.
(ii) Party and charter boat permit. The owner of any party or
charter boat must obtain a permit to fish for or retain black sea bass
in or from the EEZ while carrying passengers for hire.
(b) Permit conditions. Vessel owners who apply for a fishing vessel
permit under this section must agree as a condition of the permit that
the vessel and vessel's fishing activity, catch, and pertinent gear
(without regard to

whether such fishing occurs in the EEZ or landward of the EEZ, and
without regard to where such fish or gear are possessed, taken, or
landed), are subject to all requirements of this part, unless exempted
from such requirements under this part. All such fishing activities,
catch, and pertinent gear will remain subject to all applicable state
requirements. Except as otherwise provided in this part, if a
requirement of this part and a management measure required by a state
or local law differ, any vessel owner permitted to fish in the EEZ for
any species managed under this part must comply with the more
restrictive requirement. Owners and operators of vessels fishing under
the terms of a summer flounder moratorium or black sea bass permit must
also agree, as a condition of the permit, not to land summer flounder
or black sea bass in any state, or part thereof, that the Regional
Director has determined no longer has commercial quota available. A
state, or part thereof, not receiving an allocation of summer flounder
or black sea bass is deemed to have no commercial quota available.
Owners or operators fishing for surf clams and ocean quahogs within
waters under the jurisdiction of any state that requires cage tags are
not subject to any conflicting Federal minimum size or tagging
requirements
longer has commercial quota available. A
state, or part thereof, not receiving an allocation of summer flounder
or black sea bass is deemed to have no commercial quota available.
Owners or operators fishing for surf clams and ocean quahogs within
waters under the jurisdiction of any state that requires cage tags are
not subject to any conflicting Federal minimum size or tagging
requirements. If a surf clam and ocean quahog requirement of this part
differs from a surf clam and ocean quahog management measure required
by a state that does not require cage tagging, any vessel owner or
operator permitted to fish in the EEZ for surf clams and ocean quahogs
must comply with the more restrictive requirement while fishing in
state waters. However, surrender of a surf clam and ocean quahog vessel
permit by the owner by certified mail addressed to the Regional
Director allows an individual to comply with the less restrictive state
minimum size requirement, so long as fishing is conducted exclusively
within state waters.
* * * * *
5. In Sec. 648.5, paragraph (a) is revised to read as follows:

Sec. 648.5 Operator permits.

(a) General. Any operator of a vessel fishing for or possessing sea
scallops in excess of 40 lb (18.1 kg), NE multispecies, Atlantic
mackerel, squid, and butterfish, and; as of 90 days following the
effective date of the regulations, black sea bass; harvested in or from
the EEZ, or issued a permit for these species under this part, must
have and carry on board a valid operator's permit issued under this
section. An operator permit issued pursuant to part 649 shall satisfy
the permitting requirement of this section. This requirement does not
apply to operators of recreational vessels.
* * * * *
6. In Sec. 648.6, paragraph (a) is revised to read as follows:

Sec. 648.6 Dealer/processor permits.
se species under this part, must
have and carry on board a valid operator's permit issued under this
section. An operator permit issued pursuant to part 649 shall satisfy
the permitting requirement of this section. This requirement does not
apply to operators of recreational vessels.
* * * * *
6. In Sec. 648.6, paragraph (a) is revised to read as follows:

Sec. 648.6 Dealer/processor permits.

(a) General. All NE multispecies, sea scallop, summer flounder,
surf clam and ocean quahog dealers, and surf clam and ocean quahog
processors must have been issued and have in their possession a permit
for such species issued under this section. As of January 1, 1997, all
Atlantic mackerel, squid, and butterfish dealers, and, as of [insert
date 90 days after the effective date of the final rule], all black sea
bass dealers must have been issued and have in their possession a valid
dealers permit for those species.
* * * * *
7. In Sec. 648.7, paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i),
(b)(1)(iii) the first sentence, and (f)(3) are revised to read as
follows:

Sec. 648.7 Recordkeeping and reporting requirements.

(a) * * *
(1) * * *
(i) Summer flounder, scallop, NE multispecies, Atlantic mackerel,
squid and butterfish, and, as of [insert date 90 days after the
effective date of the final rule], black sea bass dealers, must
provide: Name and mailing address of dealer, dealer number, name and
permit number of the vessels from which fish are landed or received,
dates of purchases, pounds by species, price by species, and port
landed. If no fish are purchased during the week, a report so stating
must be submitted. All report forms must be signed by the dealer or
other authorized individual.
* * * * *
(2) * * *
st
provide: Name and mailing address of dealer, dealer number, name and
permit number of the vessels from which fish are landed or received,
dates of purchases, pounds by species, price by species, and port
landed. If no fish are purchased during the week, a report so stating
must be submitted. All report forms must be signed by the dealer or
other authorized individual.
* * * * *
(2) * * *
(i) Summer flounder, scallop, NE multispecies, Atlantic mackerel,
squid, and butterfish, and, as of [insert date 90 days after the
effective date of the final rule], black sea bass dealers must complete
the ``Employment Data'' section of the Annual Processed Products
Reports; completion of the other sections of that form is voluntary.
Reports must be submitted to the address supplied by the Regional
Director.
* * * * *
(b) Vessel owners--(1) Fishing Vessel Log Reports--(i) Owners of
vessels issued summer flounder moratorium, scallop, multispecies,
mackerel, squid, and butterfish, or black sea bass moratorium permits.
The owner or operator of any vessel issued a vessel permit for summer
flounder moratorium, scallops, NE multispecies, or, as of January 1,
1997, an Atlantic mackerel, squid, or butterfish vessel permit, or, as
of [insert date 90 days after the effective date of the final rule], a
black sea bass moratorium permit, must maintain on board the vessel,
and submit, an accurate daily fishing log report for all fishing trips,
regardless of species fished for or taken, on forms supplied by or
approved by the Regional Director. * * *
* * * * *
an Atlantic mackerel, squid, or butterfish vessel permit, or, as
of [insert date 90 days after the effective date of the final rule], a
black sea bass moratorium permit, must maintain on board the vessel,
and submit, an accurate daily fishing log report for all fishing trips,
regardless of species fished for or taken, on forms supplied by or
approved by the Regional Director. * * *
* * * * *
(iii) Owners of party and charter boats. The owner of any party or
charter boat issued a summer flounder permit other than a moratorium
permit and carrying passengers for hire shall maintain on board the
vessel, and submit, an accurate daily fishing log report for each
charter or party fishing trip that lands summer flounder, unless such a
vessel is also issued a summer flounder moratorium permit, a sea
scallop permit, a multispecies permit, or, as of January 1, 1997, a
mackerel, squid or butterfish permit, or, as of [insert date 90 days
after the effective date of the final rule], a black sea bass permit,
in which case a fishing log report is required for each trip regardless
of species retained. * * *
* * * * *
(f) * * *
(3) At-sea purchasers, receivers, or processors. All persons
purchasing, receiving, or processing any summer flounder, Atlantic
mackerel, squid, butterfish or, as of [insert date 90 days after
effective date of the final rule], black sea bass at sea for landing at
any port of the United States must submit information identical to that
required by paragraph (a)(1) or (a)(2) of this section, as applicable,
and provide those reports to the Regional Director or designee on the
same frequency basis.
8. In Sec. 648.11, paragraphs (a) and (e) introductory text are
revised to read as follows:

Sec. 648.11 At-sea sea sampler/observer coverage.
for the conduct
of experimental fishing beneficial to the management of the resources
or fishery managed under that subpart. The Regional Director shall
consult with the Executive Director of the Council regarding such
exemptions for the Atlantic mackerel, squid, and butterfish, the summer
flounder and the black sea bass fisheries.
10. In Sec. 648.14, paragraph (a)(8) is revised, paragraphs
(a)(80), (a)(81), and (a)(82) are added, paragraph (t) is redesignated
as paragraph (v), and new paragraph (t), and paragraphs (u) and (v)(6)
are added to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *
(8) Assault, resist, oppose, impede, harass, intimidate, interfere
with or bar by command, impediment, threat, or coercion either a NMFS-
approved observer, sea sampler, or other NMFS-authorized employee
aboard a vessel or in a dealer/processor establishment, conducting his
or her duties aboard a vessel or in a dealer/processor establishment,
or an authorized officer conducting any search, inspection,
investigation, or seizure in connection with enforcement of this part.
* * * * *
(80) Possess in or harvest from the EEZ black sea bass either in
excess of the possession limit established pursuant to Sec. 648.145 or
before or after the time period established pursuant to Sec. 648.142,
unless the person is operating a vessel issued a moratorium permit
under Sec. 648.4 and the moratorium permit is on board the vessel and
has not been surrendered, revoked, or suspended.
(81) Possess nets or netting with mesh not meeting the minimum mesh
requirement of Sec. 648.144 if the person possesses black sea bass
harvested in or from the EEZ in excess of the threshold limit
established pursuant to Sec. 648.144(a).
g a vessel issued a moratorium permit
under Sec. 648.4 and the moratorium permit is on board the vessel and
has not been surrendered, revoked, or suspended.
(81) Possess nets or netting with mesh not meeting the minimum mesh
requirement of Sec. 648.144 if the person possesses black sea bass
harvested in or from the EEZ in excess of the threshold limit
established pursuant to Sec. 648.144(a).
(82) Purchase or otherwise receive for commercial purposes black
sea bass caught by other than a vessel with a moratorium permit not
subject to the possession limit established pursuant to Sec. 648.145
unless the vessel has not been issued a permit under this part and is
fishing exclusively within the waters under the jurisdiction of any
state.
* * * * *
(t) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel issued a black
sea bass permit (including a moratorium permit) to do any of the
following:
(1) Possess 100 lb (45.4 kg) or more of black sea bass, unless the
vessel meets the minimum mesh requirement specified in Sec. 648.144(a).
(2) Possess black sea bass in other than a box specified in
Sec. 648.145(c) if fishing with nets having mesh that does not meet the
minimum mesh-size requirement specified in Sec. 648.144(a).
(3) Land black sea bass for sale in any state, or part thereof, in
which commercial quota is no longer available.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if subject to the minimum mesh requirement specified in
Sec. 648.144, unless the nets or netting are stowed in accordance with
Sec. 648.23(b).
(5) Fish with or possess rollers used in roller rig or rock hopper
trawl gear that do not meet the requirements specified in
Sec. 648.144(a)(5).
(6) Fish with or possess pots or traps that do not meet the
requirements specified in Sec. 648.144(b).
d, if subject to the minimum mesh requirement specified in
Sec. 648.144, unless the nets or netting are stowed in accordance with
Sec. 648.23(b).
(5) Fish with or possess rollers used in roller rig or rock hopper
trawl gear that do not meet the requirements specified in
Sec. 648.144(a)(5).
(6) Fish with or possess pots or traps that do not meet the
requirements specified in Sec. 648.144(b).
(7) Sell or transfer to another person for a commercial purpose,
other than transport, any black sea bass, unless the transferee has a
valid black sea bass dealer permit.
(8) Carry passengers for hire, or carry more than three crew
members for a charter boat or five crew members for a party boat, while
fishing commercially pursuant to a black sea bass moratorium permit.
(u) It is unlawful for the owner and operator of a party or charter
boat issued a black sea bass permit (including a moratorium permit),
when the boat is carrying passengers for hire or carrying more than
three crew members if a charter boat or more than five members if a
party boat, to:
(1) Possess black sea bass in excess of the possession limit
established pursuant to Sec. 648.145.
(2) Fish for black sea bass other than during a season specified
pursuant to Sec. 648.142.
(3) Sell black sea bass or transfer black sea bass to another
person for a commercial purpose.
(v) * * *
(6) Black sea bass. All black sea bass possessed on board a party
or charter boat issued a permit under Sec. 648.4(6)(ii) are deemed to
have been harvested from the EEZ.
11. Subpart I is added to read as follows:

Subpart I--Management Measures for the Black Sea Bass Fishery

Sec.
648.140 Catch quotas and other restrictions.
648.141 Closure.
648.142 Time restrictions.
648.143 Minimum sizes.
648.144 Gear restrictions.
648.145 Possession limit.
648.146 Special management zones.

Subpart I--Management Measures for the Black Sea Bass Fishery

Sec. 648.140 Catch quotas and other restrictions.
o read as follows:

Subpart I--Management Measures for the Black Sea Bass Fishery

Sec.
648.140 Catch quotas and other restrictions.
648.141 Closure.
648.142 Time restrictions.
648.143 Minimum sizes.
648.144 Gear restrictions.
648.145 Possession limit.
648.146 Special management zones.

Subpart I--Management Measures for the Black Sea Bass Fishery

Sec. 648.140 Catch quotas and other restrictions.

(a) Annual review. The Black Sea Bass Monitoring Committee will
review the following data, subject to availability, on or before August
15 of each year to determine the allowable levels of fishing and other
restrictions necessary to result in a target exploitation rate of 48
percent for black sea bass in 1998, 1999 and 2000; a target
exploitation rate of 37 percent in 2001 and 2002; and a target
exploitation rate of 29 percent (based on Fmax) in 2003 and
subsequent years: Commercial and recreational catch data; current
estimates of fishing mortality; stock status; recent estimates of
recruitment; virtual population analysis results; levels of
noncompliance by fishermen or individual states; impact of size/mesh
regulations; sea sampling and winter trawl survey data, or if sea
sampling data are unavailable, length frequency information from the
winter trawl survey and mesh selectivity analyses; impact of gear other
than otter trawls, pots and traps on the mortality of black sea bass;
and any other relevant information.
s; levels of
noncompliance by fishermen or individual states; impact of size/mesh
regulations; sea sampling and winter trawl survey data, or if sea
sampling data are unavailable, length frequency information from the
winter trawl survey and mesh selectivity analyses; impact of gear other
than otter trawls, pots and traps on the mortality of black sea bass;
and any other relevant information.
(b) Recommended measures. Based on this review, the Black Sea Bass
Monitoring Committee will recommend to the Demersal Species Committee
of the Council and the Commission the following measures to assure that
the target exploitation rate specified in paragraph (a) of this section
is not exceeded:

(1) Commercial minimum fish size.
(2) Minimum mesh size in the codend or throughout the net and the
catch threshold that would require compliance with the minimum mesh
requirement.
(3) Escape vent size.
(4) A recreational possession limit set from a range of (0) to the
maximum allowed to achieve the target exploitation rate specified in
paragraph (a) of this section. Implementation of this measure will
begin in 1998.
(5) Recreational minimum fish size.
(6) Implementation of this measure will begin in 1998.
(7) Restrictions on gear other than otter trawls and pots or traps.
(c) Annual fishing measures. The Demersal Species Committee shall
review the recommendations of the Black Sea Bass Monitoring Committee.
Based on these recommendations and any public comment, the Demersal
Species Committee shall make its recommendations to the Council with
respect to the measures necessary to assure that the target
exploitation rate specified in paragraph (a) of this section are not
exceeded. The Council shall review these recommendations and, based on
the recommendations and public comment, make recommendations to the
Regional Director with respect to the measures necessary to assure that
the target exploitation rate specified in paragraph (a) of this section
is not exceeded
to assure that the target
exploitation rate specified in paragraph (a) of this section are not
exceeded. The Council shall review these recommendations and, based on
the recommendations and public comment, make recommendations to the
Regional Director with respect to the measures necessary to assure that
the target exploitation rate specified in paragraph (a) of this section
is not exceeded. Included in the recommendation will be supporting
documents, as appropriate, concerning the environmental and economic
impacts of the proposed action. The Regional Director will review these
recommendations and any recommendations of the Commission. After such
review, the Regional Director will publish a proposed rule in the
Federal Register October 15 to implement a harvest limit, and
additional management measures for the commercial fishery, and will
publish a proposed rule in the Federal Register by February 15 to
implement additional management measures for the recreational fishery,
if he/she determines that such measures are necessary to assure that
the target exploitation rate specified in paragraph (a) of this section
is not exceeded. After considering public comment, the Regional
Director will publish a final rule in the Federal Register to
implement the measures necessary to assure that the target exploitation
rate specified in paragraph (a) of this section is not exceeded.

Sec. 648.141 Closure.

EEZ closure. The Regional Director shall close the EEZ to fishing
for black sea bass by commercial vessels for the remainder of the
calendar year by publishing notification in the Federal Register if he
or she determines that the inaction of one or more states will cause
the applicable target exploitation rate specified in Sec. 648.140(a) to
be exceeded. The Regional Director may reopen the EEZ if earlier
inaction by a state has been remedied by that state without causing the
applicable specified target exploitation rate to be exceeded.

Sec. 648.142 Time restrictions.
Federal Register if he
or she determines that the inaction of one or more states will cause
the applicable target exploitation rate specified in Sec. 648.140(a) to
be exceeded. The Regional Director may reopen the EEZ if earlier
inaction by a state has been remedied by that state without causing the
applicable specified target exploitation rate to be exceeded.

Sec. 648.142 Time restrictions.

Vessels that are not eligible for a moratorium permit under
Sec. 648.4(a)(7) and fishermen subject to the possession limit may fish
for black sea bass from January 1 through December 31. Beginning in
1998, this time period may be adjusted pursuant to the procedures in
Sec. 648.140.

Sec. 648.143 Minimum sizes.

(a) The minimum size for black sea bass is 9 inches (22.9 cm) total
length for all vessels issued a permit under Sec. 648.4(a)(7) and for
all other vessels which fish for or retain black sea bass in or from
the EEZ. The minimum size may be adjusted for commercial and/or
recreational vessels pursuant to the procedures in Sec. 648.140.
(b) The minimum size in this section applies to the whole fish or
any part of a fish found in possession (e.g., fillets), except that
party or charter vessels possessing valid state permits authorizing
filleting at sea may possess fillets smaller than the size specified if
skin remains on the fillet and all other state requirements are met.

Sec. 648.144 Gear restrictions.
es in Sec. 648.140.
(b) The minimum size in this section applies to the whole fish or
any part of a fish found in possession (e.g., fillets), except that
party or charter vessels possessing valid state permits authorizing
filleting at sea may possess fillets smaller than the size specified if
skin remains on the fillet and all other state requirements are met.

Sec. 648.144 Gear restrictions.

(a) Trawl gear restrictions--(1) General. (i) Otter trawlers whose
owners are issued a black sea bass moratorium permit and that land or
possess 100 lb or more (45.4 kg or more) of black sea bass per trip,
must fish with nets that have a minimum mesh size of 4.0 inches (10.2
cm) diamond or 3.5 inches (8.9 cm) square (inside measure) mesh applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net, or, for codends with less than 75 meshes, the
minimum-mesh-size codend must be a minimum of one-third of the net,
measured from the terminus of the codend to the center of the head
rope, excluding any turtle excluder device extension.
(ii) Mesh sizes shall be measured pursuant to the procedure
specified in Sec. 648.104(a)(2).
(2) Net modifications. No vessel subject to this part shall use any
device, gear, or material, including, but not limited to nets, net
strengtheners, ropes, lines, or chafing gear, on the top of the
regulated portion of a trawl net; except that, one splitting strap and
one bull rope (if present) consisting of line or rope no more than 3
inches (7.6 cm) in diameter may be used if such splitting strap and/or
bull rope does not constrict, in any manner, the top of the regulated
portion of the net, and one rope no greater than 0.75 inches (1.9 cm)
in diameter extending the length of the net from the belly to the
terminus of the codend along the top, bottom, and each side of the net
sent) consisting of line or rope no more than 3
inches (7.6 cm) in diameter may be used if such splitting strap and/or
bull rope does not constrict, in any manner, the top of the regulated
portion of the net, and one rope no greater than 0.75 inches (1.9 cm)
in diameter extending the length of the net from the belly to the
terminus of the codend along the top, bottom, and each side of the net.
``Top of the regulated portion of the net'' means the 50 percent of the
entire regulated portion of the net that (in a hypothetical situation)
will not be in contact with the ocean bottom during a tow if the
regulated portion of the net were laid flat on the ocean floor. For the
purpose of this paragraph, head ropes shall not be considered part of
the top of the regulated portion of a trawl net.
(3) Mesh obstruction or constriction. (i) A fishing vessel may not
use any mesh configuration, mesh construction, or other means on or in
the top of the net, as defined in paragraph (a)(2) of this section,
that obstructs the meshes of the net in any manner, or otherwise causes
the size of the meshes of the net while in use to diminish to a size
smaller than the minimum established pursuant to Sec. 648.144(a)(1)(i).
(ii) No person on any vessel may possess or fish with a net capable
of catching black sea bass in which the bars entering or exiting the
knots twist around each other.
(4) Stowage of nets. Otter trawl vessels subject to the minimum
mesh-size requirement of paragraph (a)(1)(i) of this section may not
have ``available for immediate use'' any net or any piece of net that
does not meet the minimum mesh size requirement, or any net, or any
piece of net, with mesh that is rigged in a manner that is inconsistent
with the minimum mesh size requirement. A net that is stowed in
conformance with one of the methods specified in Sec. 648.23(b) and
that can be shown not to have been in recent use, is considered to be
not ``available for immediate use.''
ece of net that
does not meet the minimum mesh size requirement, or any net, or any
piece of net, with mesh that is rigged in a manner that is inconsistent
with the minimum mesh size requirement. A net that is stowed in
conformance with one of the methods specified in Sec. 648.23(b) and
that can be shown not to have been in recent use, is considered to be
not ``available for immediate use.''
(5) Roller gear. Rollers used in roller rig or rock hopper trawl
gear shall be no larger than 18 inches (45.7 cm) in diameter.
(b) Pot and trap gear restrictions--(1) Escape vents. All black sea
bass traps or pots must have an escape vent placed in a lower corner of
the parlor portion of the pot or trap which complies with one

of the following minimum sizes: 1.125 inches (2.86 cm) by 5.75 inches
(14.61 cm); or a circular vent 2 inches (5.08 cm) in diameter; or a
square vent with sides of 1.5 inches (3.81 cm), inside measure. These
dimensions may be adjusted pursuant to the procedures in Sec. 648.140.
(2) Gear marking. The owner of a vessel issued a black sea bass
moratorium permit must mark all black sea bass pots or traps with the
vessel's USCG documentation number or state registration number.
(3) Degradable panels. Black sea bass pots or traps must have the
hinges and fasteners of one panel or door made of one of the following
degradable materials:
(i) Untreated hemp, jute, or cotton string of 3/16 inches (4.8 mm)
diameter or smaller; or
(ii) Magnesium alloy, timed float releases (pop-up devices) or
similar magnesium alloy fasteners; or
(iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm)
diameter or smaller.
(4) Ghost panels. Black sea bass traps or pots must contain a panel
affixed to the trap or pot with degradable fasteners as specified in
Sec. 648.144(b)(3) and which measures at least 3.0 inches (7.62 cm) by
6.0 inches (15.24 cm).
ed float releases (pop-up devices) or
similar magnesium alloy fasteners; or
(iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm)
diameter or smaller.
(4) Ghost panels. Black sea bass traps or pots must contain a panel
affixed to the trap or pot with degradable fasteners as specified in
Sec. 648.144(b)(3) and which measures at least 3.0 inches (7.62 cm) by
6.0 inches (15.24 cm).
(5) Lathes spacing. Pots or traps constructed of wooden lathes must
have spacing of a least 1.125 inches (2.8575 cm) between one set of
lathes in the parlor portion of the trap.

Sec. 648.145 Possession limit.

A possession limit will be established pursuant to the procedures
in Sec. 648.140 to assure that the recreational harvest limit is not
exceeded.
(a) If whole black sea bass are processed into fillets, an
authorized officer will convert the number of fillets to whole black
sea bass at the place of landing by dividing fillet number by two. If
black sea bass are filleted into a single (butterfly) fillet, such
fillet shall be deemed to be from one whole black sea bass.
(b) Black sea bass harvested by vessels subject to the possession
limit with more than one person aboard may be pooled in one or more
containers. Compliance with the daily possession limit will be
determined by dividing the number of black sea bass on board by the
number of persons aboard, other than the captain and the crew. If there
is a violation of the possession limit on board a vessel carrying more
than one person, the violation shall be deemed to have been committed
by the owner and operator.
e pooled in one or more
containers. Compliance with the daily possession limit will be
determined by dividing the number of black sea bass on board by the
number of persons aboard, other than the captain and the crew. If there
is a violation of the possession limit on board a vessel carrying more
than one person, the violation shall be deemed to have been committed
by the owner and operator.
(c) Owners or operators of otter trawl vessels issued a moratorium
permit under Sec. 648.4(a)(7) and fishing with, or possessing on board,
nets or pieces of net that do not meet the minimum mesh requirements
and that are not stowed in accordance with Sec. 648.144(a)(4), may not
retain 100 lb or more (45.4 kg or more) of black sea bass. Black sea
bass on board these vessels shall be stored so as to be readily
available for inspection in a standard 100-lb (45.4-kg) tote.

Sec. 648.146 Special management zones.

The recipient of a Corps of Engineers permit for an artificial
reef, fish attraction device, or other modification of habitat for
purposes of fishing may request that an area surrounding and including
the site be designated by the Council as a Special Management Zone
(SMZ). The SMZ would prohibit or restrain the use of specific types of
fishing gear that are not compatible with the intent of the artificial
reef or fish attraction device or other habitat modification. The
establishment of an SMZ would be effected by a regulatory amendment
pursuant to the following procedure:
and including
the site be designated by the Council as a Special Management Zone
(SMZ). The SMZ would prohibit or restrain the use of specific types of
fishing gear that are not compatible with the intent of the artificial
reef or fish attraction device or other habitat modification. The
establishment of an SMZ would be effected by a regulatory amendment
pursuant to the following procedure:
(a) A SMZ monitoring team comprised of members of staff from the
MAFMC, NMFS Northeast Region, and NMFS Northeast Fisheries Science
Center will evaluate the request in the form of a written report
considering the following criteria:
(1) Fairness and equity.
(2) Promotion of conservation.
(3) Avoidance of excessive shares.
(4) Consistency with the objectives of Amendment 9 to the Fishery
Management Plan for the Summer Flounder, Scup and Black Sea Bass
fisheries, the Magnuson Act, and other applicable law.
(5) The natural bottom in and surrounding potential SMZs.
(6) Impacts on historical uses.
(b) The Council Chairman may schedule meetings of Industry Advisors
and/or the Scientific and Statistical Committee to review the report
and associated documents and to advise the Council. The Council
Chairman may also schedule public hearings.
(c) The Council, following review of the SMZ monitoring teams's
report, supporting data, public comments, and other relevant
information, may recommend to the Regional Director that a SMZ be
approved. Such a recommendation would be accompanied by all relevant
background information.
(d) The Regional Director will review the Council's recommendation.
If the Regional Director concurs in the recommendation, he or she will
publish a proposed rule in the Federal Register in accordance with the
recommendations. If the Regional Director rejects the Council's
recommendation, he or she shall advise the Council in writing of the
basis for the rejection.
t
background information.
(d) The Regional Director will review the Council's recommendation.
If the Regional Director concurs in the recommendation, he or she will
publish a proposed rule in the Federal Register in accordance with the
recommendations. If the Regional Director rejects the Council's
recommendation, he or she shall advise the Council in writing of the
basis for the rejection.
(e) The proposed rule shall afford a reasonable period for public
comment. Following a review of public comments and any information or
data not previously available, the Regional Director will publish a
final rule if he or she determines that the establishment of the SMZ is
supported by the substantial weight of evidence in the administrative
record and consistent with the Magnuson Act and other applicable law.
[FR Doc. 96-21259 Filed 8-16-96; 2:14 pm]
BILLING CODE 3510-22-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-21259. Check the current official text before relying on it. Not legal advice.