Fishery management plan and draft environmental impact statement for the scup fishery

[From the U.S. Government Printing Office, www.gpo.gov]

FISHERY MANAGEMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT STATEMENT

FOR THE

BLACK SEA BASS FISHERY

March 1995

Mid-Atlantic Fishery Management Council

in cooperation with

the Atlantic States Marine Fisheries Commission,

the National Marine Fisheries Service,

the New England Fishery Management Council,

and

the South Atlantic Fishery Management Council

Draft adopted by MAFMC: April 1994
Final adopted by MAFMC:
Final approved by NOAA:

QL638 21 November 1"S
.S74F57
1995

UNITED STATES DEPARTMENT OF COMMERCE
Office of the Under Secretary for
Oceans and Atmosphere
Washington, D.C. 20830

To All interested Government Agencies and Public Groups:

Pursuant to the National Environmental Policy Act, an
environmental review has been performed on the following action.

TITLE: Draft Environmental Impact Statement (DEIS) and
Fishery Management Plan for the Black Sea Bass
Fishery (FMP)

LOCATION: The exclusive economic zone in the western Atlantic
Ocean from Cape Hatteras, North Carolina, northward
to the U.S.-Canadian border

SUMMARY: The draft FMP has objectives to reduce fishing
mortality to assure that overfishing does not occur,
reduce fishing mortality on immature black sea bass
to increase spawning stock biomass, and improve
yield from the fishery. Management measures
contained in the draft FMP propose minimum fish
sizes and commercial gear regulations in years 1 and
2. In years 3 to 5 target exploitation rates would
be 48 percent, in years 6 and 7 it would be
37 percent, and in year S and subsequent years, the
target exploitation rate would be based on F mx
(about 23%). Measures include: (1) A minimum fish
size, (2) minimum otter trawl mesh size and black
sea bass pot specifications for the first 2 years,
(3) ability to adjust minimum fish size annually on
a framework basis, (4) operator permit requirements
for commercial, party and charter boats, (6) vessel
permits for party and charter boats, (6) vessel
permits for commercial vessels under a moratorium,
(7) dealer permit requirements, (6) reporting
requirements for party and charter boats, commercial
vessels, and dealers, (9) black sea bass pots or
traps requirements, (10) size limitations for
rollers used in roller rig trawl gear, and
(11) process to develop special management zones
around artificial reef areas.
An earlier version of the letter, dated January 25,
1996, contained several incorrect target
exploitation rates. This letter to the public has
the correct exploitation rates as contained in the
DEIS/Draft FMP for the Black Sea Bass Fishery.

LIBRARY
NOAA/CCEH
1990 HOBSON AVE.
OHAS, SC 29408-2623
FEB 19 1996

RESPONSIBLE Rolland A. Schmitten
OFFICIAL; Assistant Administrator for Fisheries
National Marine Fisheries Service
Silver Spring Metro Center #3
1315 East-West Highway
Silver Spring, Maryland 20910
Phone: 301-713-2239

A copy of the DEIS/FMP was enclosed for your information with the
January 25, 1999, letter. Please send one copy of your comments
to me in Room 5805, OPSP, U.S. Department of Commerce,
Washington, D.C. 20230. Sincerely,

Donna Wieting
Acting Director, Office of
Ecology and Conservation

FISHERY MANAGEMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT STATEMENT

FOR THE

BLACK SEA BASS FISHERY

March 1995

Mid-Atlantic Fishery Management Council

In cooperation with the

Atlantic States Marine Fisheries Commission,

the National Marine Fisheries Service,

the New England Fishery Management Council,

and

the South Atlantic Fishery Management Council

Draft adopted by MAFMC: April 1994
Final Adopted by MAFMC:
Final approved by NOAA:

A Publication of the Mid-A dandc FlEshery Management Council pursuant to National
Oceanic and Atmospheric A dministratfon Award No. NA 77FC00,0@03
ON 1 2

21 November 1995

2. SUMMARY

This Fishery Management Plan for the Black Sea Bass Fishery (FMP), prepared by the Mid-Atlantic Fishery
Management Council (Council), is intended to manage the black sea bass (Centropristis striate) fishery pursuant
to the Magnuson Fishery Conservation and Management Act of 1976, as amended (MFCMA). The
management unit is black sea bass in US waters in the western Atlantic Ocean from Cape Hatteras, North
Carolina northward to the US-Canadian border. The objectives of the FMP are to:

1. Reduce fishing mortality in the black sea bass fishery to assure that overfishing does not occur.

2. Reduce fishing mortality on immature black sea bass to increase spawning stock biomass.

3. Improve the yield from the fishery.

4. Promote compatible management regulations between State and Federal jurisdictions.

5. Promote uniform and effective enforcement of regulations.

6. Minimize regulations to achieve the management objectives stated above.

Overfishing for black sea bass is defined as fishing in excess of the F,. level. Based on current conditions in
the fishery, Firm is 0.29 (an annual exploitation rate of 23%).

The recovery strategy calls for minimum fish sizes and commercial gear regulations in year 1 and 2. In years
3 to 5, target exploitation rates would be 48% for black sea bass. In years 6 and 7, the target exploitation
rates would be 37% and in year 8 and subsequent years, the target exploitation rate would be based on F,,..

The Council has adopted the following management measures for this Amendment for purposes of public
hearings:

YEARS 1 AND 2

1. A 9" total length RL ) minimum fish size in all fisheries. A maximum of a 5% tolerance by weight of
undersized black sea bass would be allowed on vessels issued moratorium permits. Black sea bass less than
9' TL could not be sold.

2. The minimum otter trawl mesh size for vessels retaining more than 100 lbs of black sea bass would be 4.0'
(stretch mesh inside measure).

3. Black sea bass pots would be required to have a minimum escape vent of I - 1/80 X 6' or 2.6" in diameter.
The escape vent provision would be implemented at the start of the first calendar year following FMP approval
so the fishermen would not be required to pull their pots and rebuild them in the middle of the season.

YEARS 3 AND SUBSEQUENT

1. A 10" total length (TU minimum fish size in all fisheries which may be adjusted annually on a framework
basis. A maximum of a 5% tolerance by weight of undersized black sea bass would be allowed on vessels
issued moratorium permits. Black sea bass less than 10" TL could not be sold.

2. Black sea bass pots would be required to have a minimum escape vent of 1 - 1/40 X 60 or 2.75" in
diameter.

3. The minimum mesh size for vessels retaining more than 100 lbs of black sea bass would be 4.5* (stretch
mesh inside measure). The minimum mesh size may be adjusted annually on a framework basis.

21 November 1995 3

4. Prior to year three and annually thereafter, the Council, working through a Monitoring Committee, would
evaluate the success of the FMP relative to the bverfishing reduction goal and propose adjustments to the
management system. Beginning with year three, additional measures would be implemented by the Regional
Director based on the recommendations of the Council. Additional management measures could be any or all
of the following:

a. Commercial: A coastwide commercial quota with Federal permit holders being prohibited from
landing (selling) after the quota had been landed. Quota overruns would be deducted from the
subsequent year. All states would need to prohibit black sea bass sales following federal sales
prohibition.

b. Recreational: A coastwide possession limit, season, and recreational harvest limit. Landings in
excess of the limit would be deducted from the harvest limit for the subsequent year.

FOR ALL YEARS

1. Operator permits for commercial and party and charter boats.

2. Vessel permits for party and charter boats.

3. Vessel permits for commercial vessels (permits to sell) under a moratorium on entry of additional vessels
into the fishery. Vessels with documented landings of black sea bass for sale between 26 January 1988 and
26 January 1993 qualify for a moratorium permit to land and sell black sea bass under this moratorium
program.

4. Dealer permits (permits to purchase).

5. Permitted vessels may only sell to permitted dealers and permitted dealers may only buy from permitted
vessels.

6. Party and charter boat, commercial vessel, and dealer reports.

7. The hinges and fasteners of one panel or door in black sea bass pots or traps must be made of one of the
following degradable materials:

a. untreated hemp, jute, or cotton string of 3/16" (4.8 mm) diameter of smaller;
b. magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or
c. ungalvanized or uncoated iron wire of 0.062" 0 .6 mm) diameter or smaller.

S. A maximum size of 18" diameter for rollers used in roller rig trawl gear.

9. Special management zones around artificial reef areas.

Alternatives Considered but not Adopted

1. Take no action at this time.

2. Seasonal closures for the commercial fishery.

3. Bimonthly commercial quotas with possible trip limits established by the NMFS Regional Director to reduce
the length of closures.

4. State by state commercial quotas with possible trip limits established by the states to reduce the length of
closure.

21 November 1995 4

5. Individual transferrable quotas.

6. Seasonal dependent minimum sizes in the commercial fishery: A 10" TL minimum size from Oct. 1 - April
30 and a 9" TL minimum size for the rest of the year.

7. A threshold requirement to qualify for a moratorium permit.

8. Separate management measures for party/charter boat fishermen.

9. A 9" TL minimum fish size and a 3.5" minimum square mesh size in the otter trawl fishery when the vessel
has 100 pounds or more of black sea bass on board.

The preferred alternative is described and evaluated in section 9. The alternatives considered but not adopted
are described and evaluated in Appendix 1.

21 November 1995 5

3. TABLE OF CONTENTS

1. COVER SHEET ...................................................... 1
2. SUMMARY .............. 3
3. TABLE OF CONTENTS ................................................. 6
4. INTRODUCTION
4.1. Developrrkent of the FMP .......................................... 7
4.2. Problems for Resolution ........................................... 7
4.3. Management Objectives .......................................... 9
4.4. Management Unit ............................................... 9
5. DESCRIPTION OF THE STOCK
5.1. Species Description and Distribution .................................. 9
5.2. Abundance and Present Condition .... 10
5.3. Ecological Relationships and Stock Characteristics ....................... 10
5.4. Maximum Sustainable Yield ....................................... 12
5.5. Probable Future Condition ........................................ 12
6. DESCRIPTION OF HABITAT
6.1. Distribution and Habitat Requirements ................................ 12
6.2. Habitat Condition ..... 17
6.3. General Causes of Pollution and Habitat Degradation ...................... 21
6.4. Habitat Protection Programs ....................................... 27
6.5. Mid-Atlantic Fishery Management Council Habitat Policy ................... 28
6.6. Habitat Preservation, Protection and Restoration Recommendations ............ 30
6.7. Habitat Research Needs ........................................... 32
7. DESCRIPTION OF FISHING ACTIVITIES
7.1. Domestic Commercial Fishery ...................................... 33
7.2. Domestic Recreational Fishery ..................................... 34
S. ECONOMIC CHARACTERISTICS OF THE FISHERY
8.1. Commercial Fishery ............................................ 35
8.2. Recreational Fishery ............................................ 39
8.3. International Trade ............................................. 43
9. FISHERY MANAGEMENT PROGRAM
9.1. Management Measures .......................................... 43
9.2. Analysis of Impacts of Adopted Management Measures .................... 54
9.3. Relation of Recommended Measures to Existing Applicable Laws and Policies ..... 76
9.4. Council Review and Monitoring .................................... 79
10. REFERENCES ..................................................... 80
11. TABLES AND FIGURES ............................................... 87

APPENDICES

1. ALTERNATIVES TO THE AMENDMENT ................................. App 1-1
2. DRAFT ENVIRONMENTAL IMPACT STATEMENT ............................ DEIS-1
3. REGULATORY IMPACT REVIEW (green paper) .............................. RIR-1
4. DRAFT PROPOSED REGULATIONS (blue paper) ............................. DPR-1
5. GLOSSARY OF TECHNICAL TERMS AND ACRONYMS (white paper) ............. App 5-1

21 Nownber 1995 6

4. INTRODUCTION

4.1. DEVELOPMENT OF THE PLAN

The Council began the development of a fishery management plan (FMP) for black sea bass in 1978.
Although preliminary. work was done to support the development of an FMP, a plan was not completed.

In January 1990, the Council began the development of a fishery management plan for black sea bass as
an amendment to the Summer Flounder FMP. However, the development of a black sea bass plan was
delayed through a series of amendments to the Summer Flounder FMP and work on a separate Black Sea
Bass FMP was not resumed until 1993.

4.2. PROBLEMS FOR RESOLUTION

4.2.1. Black Sea Bass are Overexploited

Commercial landings of black sea bass have declined dramatically from the peak landings of 22 million
pounds reported in the 1950's. In fact, commercial landings in 1992 were about 3.0 million pounds,
slightly less than the 1983-1992 average of 3.6 million pounds. In addition, recreational landings were
3.2 million pounds in 1992, lower than the 1983-1992 average of 5.0 million pounds.

Landings-per-unit-effort (LPUE) from the Mid-Atlantic trawl fishery has been used as an index of abundance
for black sea bass. Standardized LPIJE, defined as metric tons per days fished for trips landing more than
25% black sea bass, peaked at 11.3 in 1984, and then declined to a low of 1.6 in 1992. Standardized
LPUE increased slightly to 3.2 in 1993 (NEFSC 1995).

The 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 index for black sea bass recruits (fish
longer than 20 cm 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 (NEFSC 1995). The fall pre-
recruit indices show a similar trend (i.e., relatively low recent values compared to the mid- I 970'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 (NEFSC 1993). 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 (NEFSC 1995). Recruitment was above average in
1994 (Shepherd, pers. comm.).

Based on current conditions in the fishery, yield per recruit analysis indicates that F,. for black sea bass is
0.29 (NEFSC 1995). Based on the results of a virtual population analysis, the fishing mortality rate was
1.05 in 1993 (an annual exploitation rate of 60%) . This, coupled with the above information, that is, the
decline in landings, reduced LPUE, and low survey indices, indicates that black sea bass are overexploited.

4.2.2. Mixed Species Fishery

The Mid-Atlantic mixed species trawl fishery relies principally on summer flounder, Loligo squid, scup, and
whiting, but also harvests significant quantities of black sea bass, winter flounder, witch flounder,
yellowtail flounder, and other species either as bycatch or in directed fisheries. Many of these species are
also principal components of the southern Now England trawl fisheries since stock migrations occur
between the Mid-Atlantic Bight and this area.

21 November 1995 7

wide range of vessels have access to the stocks. In winter, effort is concentrated southerly and offshore,
primarily by larger vessels. Although the majority of landings are taken by otter trawls, black sea bass are
landed by many other types of fishing gear: midwater trawls, pots and traps, pound nets and hand lines
At any particular time, fishermen may target a single species with certain gear, but significant bycatch of
other species usually occurs in conjunction with the targeted species, depending on the fishing technique.

The occurrence of black sea bass and other species in commercial catches of the Mid-Atlantic and
southern New England regions complicates the identification of appropriate and effective management
strategies. Close coordination of regulatory measures is therefore necessary to properly manage this
species assemblage.

The Council has included no measures in this FMP at this time to specifically address the mixed trawl
fishery problem, although the Council considered the implications of the mixed trawl fishery when
developing the proposed measures. The Council is working to develop a mixed trawl fishery management
strategy and the framework management measures put in place through this FMP could be used to
implement the measures developed through this process.

4.2.3. Increased Fishing Pressure

Nearly all the major groundfish fisheries in Now England (haddock, yellowtail flounder, redfish, cod, etc.)
have had their stocks severely depleted or have current catch levels which exceed long term potential
catch (USDC 1990). There have also been declines in South Atlantic and Gulf of Mexico fishery resources.
Consequently, it is probable that more effort will be directed towards black sea bass, exacerbating current
problems of high exploitation rates. Because of the potential for an increased number of entrants into the
fisheries, increases in effort by present participants, as well as technological advances that have increased
the efficiency of gear, there is a need to limit and reduce effort in the black sea bass fishery.

4.2.4. Lack of Uniform Management

The highly migratory nature of black sea bass complicate the development of management strategies since
fishing activities in the EEZ or waters of-a few states could adversely impact the stocks. The SAFMC
Snapper/Grouper FMP contains a 8' TL minimum size limit for black sea bass in the South Atlantic EEZ,
but no regulations for black sea bass exist for the New England or Mid-Atlantic EEZ. In addition, although
several states have minimum size limits for black sea bass, no unified approach currently exists to protect
this valuable species in state waters.

4.2.5. Inconsistent and Inadequate Enforcement

There is a lack of uniform regulations affecting the black sea bass fisheries which is partly due to the
inconsistent regulations among states and between states and federal jurisdictions. FMP advisors report a
lack of consistency in enforcement between states, the EEZ, and/or parts thereof, due to various
interpretations of the rules by enforcement officers, which led to confusion and resulted in fishermen
seeking ways to avoid the rules. Adequate funding at the state and federal level for enforcement
personnel, training, and equipment is problematic. In addition, sanctions resulting from noncompliance with
regulations are insufficient to encourage conformity to state and federal laws. Permit sanctions combined
with fines are likely to be a more effective deterrent than fines alone.

Effective enforcement requires that fishery participants perceive both the likelihood of enforcement contact
and the application of standards to be uniform throughout the management unit. The perception of fairness
is essential in the promotion of voluntary compliance. Proper training of fishery enforcement officers is
important in this regard.

4.2.6. Lack of Data

National Standard 2 states that 'measures shall be based upon the best scientific information available.'
Although recreational and commercial catch data for black sea bass are adequate to formulate and

21 November 1995 8

implement management measures, data collection should be improved. An improved data base will allow
the Council to more finely tuns the management system to the needs of the fishery. These data are
necessary to assess the impact and effectiveness of management measures, as well as monitor reductions
in fishing mortality and increases in stock size to determine if additional amendments to the FMP will be
necessary. For example, the absence of a permit to sell requirement in some states, which allows direct
sale of catch to retail establishments by fishermen, may result in under reporting of commercial landings
that complicates the development, implementation, and enforcement of fishery management strategies.

4.2.7. Habitat Degradation

Black sea bass are continental shelf species that spend significant portions of their lives in coastal waters.
Black sea bass make inshore and northern migrations during warm months and are found in tidal bays and
sounds as well as the ocean environment. Those same areas are known to be increasingly affected by
coastal development le.g., dredging, marinas, and docks) and the related declines in habitat quality and
quantity. This increase in habitat degradation plays an important role in black sea bass population health.

4.3. MANAGEMENT OIL)ECTIVES

The objectives of the FMP are to:

1. Reduce fishing mortality in the black sea bass fishery to assure that overfishing does not occur.

2. Reduce fishing mortality on immature black sea bass to increase spawning stock biomass.

3. Improve the yield from the fisheries.'

4. Promote compatible management regulations between state and federal jurisdictions.

5. Promote uniform and effective enforcement of regulations.

6. Minimize regulations to achieve the management objectives stated above.

4.4. MANAGEMENT UNIT

The management unit is black sea bass (Centropristis striate) in US waters in the western Atlantic Ocean
from Cape Hatteras, North Carolina northward to the US-Canadian border.

5. DESCRIPTION OF THE STOCK

5.1. SPECIES DESCRIPTION AND DISTRIBUTION

Black sea bass is a continental shelf species that is common in Atlantic coastal waters from Cape Cod,
Massachusetts to Cape Canaveral, Florida (Kendall 1977). Black sea bass and Centropristis striate are the
common and scientific names for the species (American Fisheries Society 1980). Black sea bass are also
known as black fish, tally-wag, hannahill, black-will, black-Harry, black perch, black bass, bluefish, and
rock bass (Kendall 1977). Black sea bass may attain ages as great as 15 years but rarely exceed lengt hs
of 20 inches (NEFSC 1993). Black sea bass are characterized by a robust body, large head and moderately
pointed snout. In general, they are smoky gray, dark brown, or bluoish black in color. A complete generic
description of the species can be found in Miller (11959).

Black sea bass undertake seasonal migrations north of Cape Hatteras, North Carolina probably in response
to changes in temperature. Black sea bass move inshore and north in summer and offshore and south in
winter IMusick and Mercer 1977). South of Cape Hatteras, black sea bass. are non-migratory, year round
residents (Cupka et al. 1973, Kendall 1977).

Black sea bass are distributed primarily in the southern offshore portion of the Mid-Atlantic Bight during

21 November 1995 9

winter in depths of 240 to 540 feet (Musick and Mercer 1977). Larger and older fish move offshore
sooner and winter in deeper water than do younger fish (Kendall 1977). Black sea bass prefer water
temperatures of at least 480F during the winter months.

Black sea bass move to the waters of the Mid-Atlantic Bight as water temperatures warm in the spring,
generally beginning inshore migrations in April. During the summer months, black sea bass are most
abundant in depths of less than 120 ft (Musik and Mercer 1977). In the fall, black sea bass move out of
Mid-Atlantic estuaries as temperatures fall below 570F and migrate offshore to intermediate depths by
November (Musik and Mercer 1977).

Based on tagging data and other information, two populations of black sea bass are believed to occur along
the Atlantic coast with a separation at Cape Hatteras, NC (Mercer 1978). Shepherd (1991) conducted
detailed morphometric and menstic analyses on black sea bass collected from Massachusetts, New Jersey,
and Virginia and concluded that black sea bass north of Cape Hatteras formed a unit stock.

5.2. ABUNDANCE AND PRESENT CONDMON

Landings-per-unit-effort (LPUE) from the Mid-Atlantic trawl fishery has been used as an index of abundance
for black sea bass. Standardized LPIJE, defined as metric tons per days fished for trips landing more than
25% black sea bass, peaked at 11.3 in 1984, and then declined to a low of 1.6 in 1992 . Standardized
LPIJE increased slightly to 3.2 in 1993 (NEFSC 1995).

The 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
Ifish longer than 20 cm SQ and the autumn inshore survey data as an index of pre-recruits (fish less than
11 cm SQ. The index for larger fish declined from a high of 6.09 fish per tow in 1977 to a low of 0.20
per tow in 1982 (Table 1). However, the 1992 value of 1.99 is slightly above the 1972 to 1994 average
of 1.54. The spring recruit index declined to 0.87 in 1993 and 0.28 in 1994 (NEFSC 1995).

Analysis conducted by the NEFSC indicates a strong correlation between the pre-recruit index and
commercial catch per unit effort in the trawl fishery (NEFSC 1993). The index for pre-recruits indicates
that above average year classes were produced in 1977, 1982, and 1986 (Table 1). Recruitment for 1992
and 1993, based on this index, was well below average. Recruitment was above average in 1994
(Shepherd, pers. comm.).

5.3. ECOLOGICAL RELATIONSHIPS AND STOCK CHARACTERISTICS

5.3.1. Spawning and Early Life History

Studies on age at maturity indicate that most black sea bass reach sexual maturity between ages 1 and 4
with 50% mature by age 2 (NEFSC 1993). The length at which 50% of the black sea bass are sexually
mature is about 7.5 inches TL (NEFSC 1993).

Unrike most fish, black sea bass are protogynous hermaphrodites. This means that most black sea bass
function first as females, then undergo sexual succession and become functional males. Cochran and Greir
11199 1) identified the hormonal changes that regulated this sexual succession or transformation in black sea
bass.

In general, sex ratios favor females at smaller sizes and younger ages and males at larger sizes and older
ages. Based on a compilation of several studies, the probability that a female black sea bass will undergo
sexual transformation was greatest between 7 and 10 inches TL (Shepherd pers. comm.) (Table 2).

Black sea bass spawn in the Mid-Atlantic Bight primarily between Chesapeake Bay and Montauk, Long
Island. Spawning occurs in the open ocean at depths of 60 to 140 ft. Spawning begins in June off
Chesapeake Bay and later in the summer off southern New England (Musik and Mercer 1977).

21 November 1995 10

Black sea bass produce colorless, buoyant eggs that are spherical and approximately 0.9-1.0 mm in
diameter. Mercer (1978) derived fecundity relationships for 25 black sea bass collected in the Mid-
Atlantic. The relationship between total fecundity (F - thousands of eggs) and total weight (W - grams)
was:

F = -587.684 + 348.053 (log W)

Fertilized black sea bass eggs hatch in approximately 75 hours at a temperature of 61 OF. Wilson (189 1)
described the embryonic development of black sea bass and Kendall (1972) described black sea bass
larvae.

5.3.2. Age and Growth

Mercer (1978) aged 2905 black sea bass collected from commercial fisheries and trawl surveys in the Mid-
Atlantic from 1973 to 1975. She found that back-calculated mean lengths almost doubled between ages
1 and 2 and then the rate of growth declined steadily thereafter (Table 3). She did not age any black sea
bass older than 9 and larger, older fish were not well represented in the samples. Mercer (1978) also found
significant differences in growth rates between male and female black sea bass.

Length-age data (all sexes combined) was fit to the von Bertalanffy growth equation. This equation, which
relates age to length, is:

LI = 469 (J.e-0.102".1060))

where L, is mean standard length (mm) at age t.

Most scientific publications report lengths of black sea bass in standard lengths. The standard length is
the length of the fish from the tip of the snout to the posterior end of the hypural bone. However, most
state regulations and the regulations pertaining to size in this FMP are in total length. Total length, the
length along the mid-line of the fish from the tip of the snout to the tip of the tail, can be derived from
standard length using the following formula (G. Shepherd pers. comm.):

TL = 1.42076 (SU - 30.5

where length is measured in millimeters.

5.3.3. Length-Weight Relationship

Mercer 0 978) developed length-weight relationships for black sea bass collected from the Mid-Atlantic
Sight. Based on a sample of 2016 fish, the derived equation was:

log w - -4.9825 + 3.1798 (log 1)

where weight (w) is in grams and length (1) is standard length in millimeters. Mercer (1978) also found
significant differences between sexes with males heavier than females of the same length.

5.3.4. Mortality

The instantaneous natural mortality rate (M) is defined as annual losses experienced by black sea bass
from all natural and anthropogenic factors except commercial and recreational fishing. The NEFSC
assumed an M of 0.2 for black sea bass in the most recent stock assessment (NEFSC 1995).

Because they lacked age-length data, the ASMFC Black Sea Bass Technical Committee used length
frequency data from commercial fisheries to derive estimates of fishing mortality rates. Estimates ranged
from 0.35 to 0.7 depending on the fishery sampled and the year the length samples were obtained. Based

21 Noven-bef 199S

on that analysis, they concluded that current fishing mortality rates on black sea bass were 0.6 or higher.

More recently, the NEFSC used an age-based virtual population analysis to estimate stock sizes and
fishing mortality rates for the northern population of black sea bass. Average fishing mortality rates for
fully recruited age classes (ages 3-6) were high throughout the time period 1984-1993, exceeding 1.0 in
every year (Table 4). NEFSC (1995) estimated F in 1993 to be 1.05 (an annual exploitation rate of 60%).

5.3.5. Food and Feeding

Black sea bass are opportunistic bottom feeders that eat crustaceans, fish, molluscs, echinoderms, and
plants (Hildebrand and Schroeder 1928, Miller 1959, Cupka et aL 1973, Link 1980, Steimle and Ogren
1982). The primary diet items for adult black sea bass are crabs and fish whereas young black sea bass
eat shrimp, isopods, and amphipods (Kendall 1973). Food consumption varies seasonally in association
with spawning activity. Feeding slows during the spawning season (Cupka et al. 1973) and is heaviest in
the 6-month period following spawning (Hoff 1970).

5.3.6. Predators and Competitors

Specific predators of black sea bass have not been identified in detailed food habits studies. However, it is
probable that black sea bass are eaten by large piscivores (e.g., bluefish) whose range overlaps that of
black sea bass (Kendall 1977).

Black sea bass share common food resources and habitat preferences with a number of fish that comprise
the hard bottom reef fish community of the Mid Atlantic Bight (Ekluund and Targett 1991).

5.3.7. Parasites, Diseases, Injuries and Abnormalities

Several different kinds of acanthocephalans, cestodes, and nemotodes have been found encysted in black
sea bass digestive tracts (Unton 190 1 ). Cupka et al. 0 973) found that black sea bass collected from
South Carolina waters were generally free of external parasites.

5.4. MAXIMUM SUSTAINABLE YIELD

Maximum sustainable yield has not been estimated for black sea bass.

5.5. PRO13ABLE FUTURE CONDITION

If recruitment is below average in 1995 and/or 1996, spawning stock biomass will continue to decline. In
fact, because the fishery tends to reduce incoming year classes rapidly (NEFSC 1993), even the production
of a good year class will not increase stock biomass without the implementation of an effective
management strategy to reduce fishing mortality on both small and large fish.

6. DESCRIPTION OF HABITAT

6.1. DISTRIBUTION OF THE SPECIES, HABITAT REGUIREMENTS, AND HABITATS OF BLACK SEA BASS

6.1.1. Distribution of Mack Sea Bass and Habitat Requirements

Mack sea bass inhabit the Atlantic coastal waters, commonly from Cape Cod to Cape Canaveral (section
5. 1). Occasionally black sea bass occur in the Gulf of Maine and as far south as Miami or occasionally to
the Florida Keys (Miller 1959). Black sea bass move inshore and north in summer and offshore and south
in winter in the Mid-Atlantic Bight (Musick and Mercer 1977). In the South Atlantic Bight they are year
round residents and do not undertake seasonal migrations. The mid-Atlantic and south Atlantic stocks of
this species are considered distinct (Shepherd 1991) and there is probably little overlap in habitat use by
the two populations (Steimle pers. comm.).

21 November 1995 12

Black sea bass are distributed primarily in the southern offshore portion of the Mid-Atlantic Bight during
winter in depths of 240 to 540 feet (Musick and Mercer 1977). Larger and older fish move offshore
sooner and winter in deeper water than do young of year specimens (Kendall 1977, Musick and Mercer
1977). Black sea bass prefer water temperatures of at least 480 F, and move to the waters of the
Mid-Atlantic Bight beginning in April. During the summer months, sea bass are most abundant in depths of
less than 120 ft (Musick and Mercer 1977). The movement of black sea bass out of mid-Atlantic estuaries
may occur as temperatures fall below 576 F (Musick and Mercer 1977). South of Cape Hatteras, where
they reside in an area year round, they prefer depths of from 30 to 350 ft with most between 60 and 180
ft. Larger specimens are found mainly in the deeper water (Cupka et a/. 1973).

Location of spawning has been Inferred from the distribution of rips females and small larvae (Kendall
1977). In the Mid-Atlantic Bight, black sea bass spawn primarily between Chesapeake Bay and Montauk,
Long Island in the open ocean in depths of 60 to 140 ft. Spawning occurs earlier in the year in the
southern part of their range with spawning beginning in June off Chesapeake Bay and later in the summer
off southern New England (Musick and Mercer 1977). Spawning extends from January to June in the
south Atlantic region, peaking from March to May (Cupka et.01. 1973, Mercer 1978, Link 1980, and
Wenner ete/. 1986).

Extensive sampling offshore in the Mid-Atlantic resulted in small catches of larvae from June to November
from North Carolina (the southern extent of the sampling) to New Jersey. Seasonally, there was some
indication of northward progression of larval occurrences (Kendall 1972).

Juvenile black sea bass occur in saline areas of estuaries along the coast from Florida to Massachusetts.
Musick and Mercer 0 977) identified high salinity sections of estuaries in the Mid-Atlantic Bight as nursery
grounds for young of year and yearling black sea bass. Juveniles enter these areas from July to
September. In South Carolina estuaries, juveniles were found from July to November in salinities of 8.8 to
37.8 ppt. and at temperatures of 420 to 870 F (Cupka et e/. 1973). Juveniles apparently move inshore
after early larval development offshore and become demersal at total lengths of between 0.5 to 1 inch
(Kendall 1972). They are associated with hard bottom such as oyster beds (Kendall 1977 and Arve 1960)
or artificial reefs.

Able et a/. (in press) described the early life history of black sea bass in the Mid-Atlantic Bight and a New
Jersey estuary. In Now Jersey coastal waters, larvae first appear in July but occur through October-
November. By fall, individuals had generally moved from New Jersey, and other estuaries, and were found
on the inner continental shelf from southern Massachusetts to Cape Hatteras. During the winter, they
were concentrated in the southern portion of the Mid-Atlantic Bight from New Jersey and south, especially
at the edge of the continental shelf. In Now Jersey, they moved back into estuaries in early spring, at the
same approximate maximum sizes as in the previous fall. Yearlings also migrate offshore in the fall,
overwinter on the continental shelf and then return to estuaries the following spring. They reach relatively
small sizes by 12 months of age, in part, because of little or no growth during the winter. Able et 8/. (in
press) reported that during the summer, benthic juveniles on the inner shelf were collected or observed
primarily in accumulations of surf clam Spisule sofidissime valves or smaller pieces of shell and occasionally
in burrows in exposed clay. While in the estuary they were collected from areas with structured habitats
such as shell accumulations in marsh creeks, peat banks and a dredged boat basin. In summary, the
accumulated data suggest that black sea bass utilize both estuarine and inner continental shelf habitats as
nurseries during the first summer, and that these nurseries are of similar quality based on similar growth
rates.

Black sea bass is one of the most abundant species of the fish community on natural hard bottom reef
areas in the Mid-Atlantic Bight (Eklund and Targett 1991). These authors sampled the black sea bass trap
fishery off the coast of Maryland and northern Virginia and found that black sea bass comprised over 96%
of the catch overall. The other abundant species were: spatted hake, tautog, red hake, conger eel, scup
and ocean pout. The catches of each species fluctuated through time, apparently as a result of seasonal
migration patterns. Most species appeared to migrate inshore In the spring and offshore in the autumn.
The fish community on hard bottom areas in the Mid-Atlantic Bight differed considerably from that reported
from South Atlantic Bight reef areas as well as from smooth bottom areas on the Mid-Atlantic Bight

21 November 1995 13

continental shelf. The above described natural hard bottom fish assemblage corresponds well with that
.characterized by Stelmle (in press) for structure-oriented reef-fish.

6.1.2. Habitats of Mack Son Bass

The near shore spawning areas and the inshore nursery areas are essential for the survival of black sea
bass. These areas are also utilized for summer feeding by adults. Major alterations to the habitat could be
disruptive to the species' life cycle.

The Council, attempting to coordinate and obtain the beat information available, requested each state from
North Carolina to Maine to identify the critical black sea bass habitat under their jurisdiction. The following
paragraphs are paraphrased from the responses of the states' black sea bass experts.

Young of the year black sea bass are commonly caught in North Carolina estuarine waters from Oregon
t
Inlet to Cape Fear from March through October Q. Ross pers. comm.). They are most common along the
eastern portion of Pamlico Sound behind the barrier islands, in Core Sound, and along the intercoastal
waterway from Cape Lookout to Cape Fear. Black sea bass are found in relatively high salinity waters, but
have been caught in salinities as low as 996. They occur over grass flats, in channels, around bridges and
pilings and generally over sandy bottoms (Ross pers. comm.). Black sea bass are also common in near
shore ocean waters off North Carolina, with largest concentrations found over rocky bottoms and around
the numerous wrecks and artificial reefs. Younger fish are more prevalent near shore, but larger fish are
also common during the summer months.

Black sea bass are abundant in Virginia's Territorial Sea, seaside bays and Lower Chesapeake Bay during
spring, summer, and fall months (Figure 1). Juveniles move into Chesapeake Bay waters in March and
April at about 2.3 inches total length. Trawl surveys continue to catch sea bass until December, but the
number of fish encountered diminishes after September (Bonzek et a/. 1991, 1992, and 1993). Juvenile
sea bass in the Chesapeake Bay move to deeper water during the colder months, but some may remain
inshore year-round, especially during mild winters. By the time they have reached a length of about ten
inches, most sea bass have permanently left inshore waters for coastal and ocean habitats (Boyd pers.
comm.). Black sea bass are rarely encountered in salinities less than 12 ppt. and are most common at
salinities above 18 ppt. (Musick and Mercer 1977). Juveniles concentrate in deeper grass flats and
sponge communities, adults generally are found over rough, hard bottom. This species' preference for
structured habitat makes oyster beds, wharves, channels, wrecks and pilings favored habitat. Virginia's
Artificial- Reef Program provides additional suitable habitat for black sea bass, with four Atlantic Ocean reef
sites and seven Chesapeake Bay reef sites. A three year study of two Chesapeake Bay reef sites and one
Atlantic Ocean reef site identified the black sea bass as the most abundant reef fish (Boyd pers@ comm.).

Young sea bass have frequently been encountered during the coastal bay trawl survey in Maryland,
primarily during the late summer and early fall. They are also caught in commercial crab pots throughout
the summer. Sea bass in the Chesapeake are known to frequent wrecks and other structures as far north
as Rock Hall. Beyond this, little is known of their habitat and movements (Casey pers. comm.).
Maryland's Reef Program provides policy and guidelines for rebuilding and restoring reefs. Maryland has
seven sites between one and 18 miles offshore that provide additional habitat for black sea bass
(Butowski pers. comm.).

The entire ocean coast and both coastal bays provide ideal habitat for both juvenile and adult black sea
bass in Delaware (Cole pers. comm.). Although Delaware's trawl survey does not effectively sample black
sea bass, a distribution map (Figure 2) was based on both trawl data and anecdotal information collected
from recreational fishermen and indicated that the vast majority of the Delaware estuary below the C and
D Canal is used by black sea bass for feeding and nursery.

Black sea bass migrate from offshore, overwintering grounds to inshore coastal waters of New Jersey in
May (Scarlett pers. comm.). Important summering and nursery areas include inshore ocean waters at
depths less than 120 ft and estuaries from Sandy Hook Bay to Delaware Bay. Spawning occurs in near
shore coastal waters at depths from 18 to 48 ft. Able etel. (in press) stated that larvae first appear in

21 November 1995 14

July but occur through October-November in Now Jersey.

The critical habitat for black sea bass in Now York waters is similar to that defined below for Connecticut
waters by Simpson (Mason pers. comm.). Structured bottom habitat is important for black sea bass.

Black sea bass occur in low numbers from at least April through November in trawl survey catches (Figure
3) from Long Island Sound (Simpson pers. comm.). Young-of-year are taken on hard substrate
(sand/shell/cobble) n"earshore including harbors and estuaries where salinities are above 20 ppt. The
largest concentrations of sea bass taken in the trawl survey occur on sand and transitional (mixed
sand/mud) substrates, typically in depths greater than 60 feet. Simpson (pers. comm.) reports that black
sea bass in Long Island Sound feed principally on amphipods and small crabs, but also on mysids,
copepods, and hvdroids. Commercial catches of sea bass appears to be concentrated in the central portion
of Long Island Sound, where depths are generally greater than 60 ft and the bottom types are sand and
transitional (Simpson pers. comm.). Recreational catches are sparse. The few black sea bass taken are
caught incidentally in the summer flounder or scup fisheries.

Juvenile black sea bass have been collected frequently during both the Coastal Fishery Resource
Assessment Trawl Survey (Lynch 1994) and the Juvenile Fish Survey (Powell 1992) during the spring, but
primarily in the fall. Black sea bass have been found to be distributed over eel grass beds (Powell 1992)
and over sandy, hard and rocky bottom types, usually in association with submerged rock piles,
obstructions and ledges (Lynch 1994). Little is known of their habitat and movements in Rhode Island
waters (Gray pers. comm.).

Black sea bass, age 2 and older, migrate north to inshore Massachusetts waters in early May. The spring
Massachusetts recreational and commercial fisheries for black sea bass are highly concentrated in May *
through June in shoal (less than 30 ft) waters within the northern portion of Nantucket Sound (Figure 4).
Although spawning occurs elsewhere in Nantucket Sound, concentrated activity occurs north of a line from
Point Gammon east to Succonesset Point. Within this spawning area, fish usually aggregate on sand
bottom broken by ledge. Spawning occurs along the southern Massachusetts coast from the middle of
May through July As inferred from the distribution of ripe females, eggs, and larvae in Nantucket Sound
and Buzzards Say. Collings et at 0 98 1 ) collected black sea bass late stage eggs in upper Buzzards Say
from early June through late July. Eggs were collected in water temperatures of 630 to 730 F with highest
concentrations around 65* F. After spawning adult black sea bass disperse to ledges and rocks in deeper
water. South of Cape Cod, adults remain in the sounds and bays until at least November (Currier pers.
comm.). Shoal grounds in Buzzards Bay, Vineyard Sound, and Nantucket Sound are critical nursery areas
for 0 age group black sea bass (Currier pers. comm.). Black sea bass are less common in Cape Cod Say.
Larvae were collected in low densities during July and August (Scherer 1984) but were considered, in
terms of their reproductive range, stragglers from more southern waters. Collette and Hertel 0 988) report
black sea bass taken in Massachusetts Bay from areas north of Boston (Nahant, Salem Harbor, and
Beverly) and south of Boston (Cohasett Narrows) at the turn of the century.

Black sea bass are taken only rarely in the Now Hampshire recreational fish", hence there are no habitat
studies available (Grout pers. comm.).

Black sea bass are nearly absent in Maine waters (Langton pers. comm.).

In 1985, the National Oceanic and Atmospheric Administration (NOAA) began a program to develop a
comprehensive data base on the distribution and relative abundance of selected fish and invertebrate
species in the Nation's estuaries. The Estuarine Living Marine Resources (ELMR) program was conducted
jointly by the National Ocean Services's Strategic Environmental Assessments (SEA) Division and the
National Marine Fisheries Service (NMFS). The objective was to develop a consistent data base on the
spatial and temporal distribution, relative abundance, and life history characteristics of fishes and
invertebrates to enable comparisons among species and estuaries. These data are to be combined with
other NOAA data sets to better define and understand the biological coupling of estuarine and marine
habitats (USDC 1994a).

21 November 1995 15

While the importance of estuarine areas to fish and invertebrate populations is well documented, few
consistent and comprehensive data sets exist that allow examinations of the relationships of many species
found in or among groups of estuaries. Most of the distribution and abundance data for estuarine-
dependent species is for the offshore life stages where major sampling programs have focused, and does
not adequately describe estuarine distributions. Because life stages of many species use both estuarine
and marine habitats, it is necessary to combine information on distribution, temporal utilization, and life
history strategies to understand the linkages between estuaries and nearshore/offshore areas. No
nationwide data base that would allow these evaluations existed prior to ELMR.

Three salinity zones provide the spatial framework for organizing information on species distribution and
abundance within each estuary. These zones are tidal fresh (0.0 to 0.5 ppt), mixing (0.5 to 25.0 ppt), and
seawater (25.0 ppt and greater). Four criteria were used to identify species: commercial value,
recreational value, indicator of environmental stress, and ecological value. A data sheet was developed for
each species in each estuary, including information on spatial distribution by salinity zone, temporal
distribution by life history stage, and relative abundance level. Each data sheet was then reviewed by
experts with local knowledge of particular species and/or estuaries.

The ELMR program is an important stop in developing an information base to bridge the gap between site-
specific estuarine problems and regional management strategies. Filling this gap is more important now
than ever, as it is clear that the cumulative effects of small changes in many estuaries may have a total
systemic effect throughout large segments of the Nation's estuaries and coastal ocean. Although the
knowledge available to conserve and protect estuaries continues to be limited, the ELMR data base will
allow comparisons among species, groups of species, specific life stages and times of year within an
estuary, and geographic regions. The estuaries evaluated for the Mid-Atlantic are presented in Figure 5.

The spatial distribution and relative abundance of black sea bass was evaluated for the Mid-Atlantic (Table
5). The ELMR programs in the South Atlantic and the North Atlantic did not delineate black sea bass. The
monthly temporal distribution of black sea bass in the Mid-Atlantic (south of Cape Cod) is identified in
Tables 6 and 7.

Besides using highly structured habitats (whard bottom' or vegetated), juvenile black sea bass have been
recently reported to be common at the mouths of small salt marsh creeks in New Jersey (Hales and Able
1994). Hales and Able 0 994) also report that these young of year stay within a limited area after they
settle within their estuarine 'nursery" area. This habitat fidelity can be significant to survival and health if
it means they are hesitant moving from a settlement area during some period of stress (Steimle pers.
comm.).

The diets of adult sea bass strongly suggest that their habitat needs must include surrounding anon-reef"
habitats where they commonly feed, especially on small rock crabs, sand shrimp, razor clams, and siry
open-bottom prey (Steimle pers. comm. from observations from several collections of black sea bass from
artificial reefs). Steimle and Figley (in press) note that the only specific reef-associated prey, found in the
stomachs of 265 adult sea bass collected from two artificial reefs off souther Now Jersey, were a few
juvenile cunner. This suggests to the authors that black sea bass may use reefs for shelter or other
reasons but are not dependent on the epifauna colonizing reef habitats for food. The shelter offered by the
reef habitat can support feeding, however, by reducing the black sea bass's exposure to predation while
feeding on crabs near the reef. This suggests that the availability of off-reef forage is an important
consideration when planning the use of artificial reefs as part of any management strategy for black sea
bass (Steimle and Figley in press).

During seasonal migrations, black sea bass habitat needs should be similar to scup, summer flounder,
northern sea robin and spotted hake, a species assemblage in which they are closely associated from trawl
catch data (Musick and Mercer 1977).

According to Steimle (pers. comm.) researchers at the University of Connecticut (Mark Dixon, Peter Auster
and Lance Stewart) believe that empty hinged clam shells (e.g. surf clams or ocean quahogs) in beds or
patches may provide essential habitat for juvenile black sea bass after they leave the estuaries in the fall

21 November 1995 16

and have to survive until the spring on the basically flat sand bottom of the coastal and offshore Mid-
Atlantic Bight. The recognition, definition and protection of these possibly critical juvenile 'wintering
grounds" needs further exploration.

As identified by many of the states, black sea bass use artificial habitat as well as natural structures. A
preferred alternative in this plan calls. for the establishment of a process for implementing Special
Management Zones (SMZs) in order to regulate black sea bass harvest around artificial reefs. The concept
is that the permit holder for an artificial reef established in federal waters would petition the Mid-Atlantic
Fishery Management Council for SMZ designation based on site specific factors. The process is to be
based on that established in the South Atlantic Fishery Management Council's Snapper/Grouper Fishery
Management Plan, and as recommended by the ASMFC Artificial Reef Committee. Many artificial reefs,
including those constructed by State governments, are located in the EEZ. If management measures are
needed to control fishing on and around those artificial reefs, they must be developed through an FMP.
Providing a process through which the Council can develop these measures on a case by case basis is an
efficient way of achieving this control.

In June of 1995 the Council adopted the following five policy statements regarding artificial reefs:

1). Each new EEZ artificial reef site proposal must have a stated conservation and management objective.

2). The MAFIVIC endorses the National Artificial Reef Plan 0 985) and encourages staff to work with
ASMFC, NMFS, and the States in the updating of plan.

3). Only materials identified and acceptable in either the National Artificial Reef Plan 0 985) or the Reef
Material Criteria Handbook 0 992) or revisions thereof should be used for the creation of artificial reefs.

4). No fishery management regulations may be implemented for any artificial reef in the EEZ without
concurrence by the MAFMC.

5). The Council will attempt to facilitate communication on the siting of any new artificial reef in the EEZ
with various user groups of the proposed site.

These five policy statements should help facilitate Federal, State, and local activities in the Mid-Atlantic
and can only be beneficial to the ocean and coastal habitats.

Artificial reefs are being constructed in the Atlantic and Gulf of Mexico for several reasons, including to
address a presumed habitat limitation for black sea bass and other reef-fish (Steimle pers. comm.). Besides
harvest regulation, recent theories on factors that limit the maintenance of reef-fish populations put more
emphasis on juvenile recruitment than on adult habitat limitation (Bohnsack 1989). This suggests that the
habitat needs of adults to maintain sustainable populations of reef-fish, such as black sea bass. Habitat
protection and enhancement efforts for black sea bass perhaps should be refocused (summer and winter)
to this critical portion of the population (Steimle pers. comm.).

Staimle (pers. comm.) also suggests that some man-made estuarine habitats, such as abandoned piling
fields, may be important to black sea bass juveniles, and other species, because they replace the habitat
functions lost elsewhere, e.o., by bulkheaded and filled salt marsh. The function of these man-made
habitats should be evaluated and perhaps replaced before or while they are removed to arestore" any
habitat.

6.2. HABITAT CONDITION

Black sea bass are exposed to the full range of human activities and environmental conditions during their
life history. Assessments made by the Ocean Pulse and Northeast Monitori 'ng Programs indicate extensive,
detrimental amounts of toxic organic and inorganic contaminants, such as heavy metals, PCBs, and
petroleum hydrocarbons in the various physical compartments of the marine ecosystem (Boehm and
Hirtzer, 1982; Boehm, 1983; Pearce, 1979; Reid et a/. 1982). This is particularly true for sediments in the

21 November 1995 17

Mid-Atlantic Bight that receive contaminated dredged materials, sewage sludge, and industrial wastes.
Elevated levels of petroleum hydrocarbons have even been found in all estuaries as far north as Maine.
Elevated PCB levels have been found in sediments and biota in Buzzards Bay, in the New York Bight apex,
as well as other locations (Reid et a/. 1982).

A recent study by Steimle et a/. (11994) has found that important black sea bass prey, such as rock crabs,
sand shrimp, and other benthic invertebrates collected in the Now York Bight apex contained high
concentrations of several potentially toxic metals. Concentrations were especially high near the former 12-
mile, sewage sludge disposal site. Black sea bass that are seasonally resident or transient through this
area are at risk from eating this prey (Steimle pars. comm.).

Generally, the nation's most contaminated estuaries are in highly urban areas (Turgeon et a/. 1989) such
as those around much of the Mid- Atlantic coast. Turgeon et a/. (1989) describe concentrations of toxic
metals and toxic organics in Long Island Sound and relate them to nation wide levels as found in mussel
tissues and fish livers, however since the fish were not specified, it is unknown whether black sea bass
were included in the study. Zdanowicz and Gadbois (1990) provide a data summary for the baseline phase
of the National Status and Trends Program during 1984-1986. Estuaries over the entire range of black
sea bass were sampled for concentrations of selected chemical contaminants, as well as indicators of
potential biological effects from 20 sites throughout the northeast region. Unfortunately, no data specific
to black sea bass are presented.

Most research on the toxicological effects of various contaminants in fish is recent and ongoing. Many
anomalies probably have not been described or their magnitude documented. The Councils encourage
fishermen to report or provide fish with tumorous type growths to: Dr. John C. Hershberger, Director,
Registry of Tumors in Lower Animals, Smithsonian Institution, Museum of Natural History, Washington, DC
20560 (202-357-2647) or to Dr. Robert Murchelano, NMFS, Woods Hole Laboratory, Water Street, Woods
Hole, MA 02543 (508-548-5123).

Chemical contaminants of coastal waters include inputs from municipal and industrial wastewater,
agricultural pesticides and fertilizers, animal waste, urban nonpoint sources, stormwater runoff and
atmospheric deposition. Within the Mid-Atlantic region (Cape May to Cape Fear, as defined in the Mid-
Atlantic Marine Research Plan 1994), there are more than 75 coastal counties and cities that have one or
more publicly owned treatment works discharging to coastal waters. Toxic components of these
contaminants include heavy metals such as lead, cadmium, chromium, zinc, copper, silver and mercury,
and organic compounds such as DDT, chlordane, polychlorinated biphenyls (PCBs), and polycyclic aromatic
hydrocarbons (PAHs). All of these compounds are generally due to discharges to coastal waters from
human activities, although there are some cases of natural concentrations. In the Mid-Atlantic region,
northern Chesapeake Bay (especially Baltimore Harbor) and the Elizabeth River in Virginia contain the
highest levels of these contaminants except for DDT (Mid-Atlantic Marine Research Plan 1994). Lead,
silver, zinc, DDT, chlordane, and PCBs have high concentrations at sites within Delaware Bay (Figures 6-9).
DDT, chlordane and PCBs are now banned for the most part, but continue to exist in the environment and
are used in other countries. Atmospheric deposition of toxins such as pesticides and PCBs may be more of
a problem in marine waters than on land, since there may be more bioconcentration of pesticides and PCBs
in marine- food chains (NRC 1993). The National Research Council recommends source control of
pollutants, since many toxic substances are difficult and/or expensive to remove from wastewater.

Coastal areas are vitally important as feeding, spawning, and nursery grounds for black sea bass.
However, population shifts to coastal areas and associated industrial and municipal expansion have
accelerated competition for use of the same habitats. It has been projected (48 FR 53142-53147) that
demographic shifts during the 1980s and 1990s will result in, 75% of the US population living within 50
miles of the coastlines fincluding the Great Lakes). As a result, these habitats have been substantially
reduced and continue to suffer the adverse effects of dredging, filling, coastal construction, energy
development, pollution, waste disposal, and other human related activities. In the case of wetlands, from
1954 to 1978 there was an average annual loss of 104,000 acres which was a ten fold annual increase in
acreage lost between 1780 and 1954 (48 FR 53142 - 53147). The pressure on coastal and ocean
habitats is nowhere greater than in the densely populated, industrialized Northeast. It is obvious that new

21 Naverr6er 1995

systems are needed to conserve habitats and living marine resources, while facilitating the completion of
necessary, compatible economic developments.

Toward this goal, NMFS issued its formal Habitat Conservation Policy in November 1983 148 FR
53142-53147). The goal of the policy is: ato maintain or enhance the capability of the environment to
ensure the survival of marine mammals and endangered species and to maintain fish and shellfish
populations which are used, or are important to the survival and/or health of those used, by individuals and
industries for both public and private benefits: jobs, recreation, safe and wholesome food and products."
The Habitat Conservation Policy provided impetus to NMFS's Regional Action Plan (RAP) process which is
to foster coordinated management and research responses to major habitat conservation issues and prob-
lems, and to develop better steps to address them in the future JUSDC 1985).

The Regional Action Plan process identified six water management units in the Northeast region (Figure
10). The boundaries of each water management unit (WMU) were established on the basis of the
biogeographic consistency of the entire WMU and its distinctness from other WMUs. Each WMU is
relatively consistent in its physical and chemical characteristics with normal latitudinal and seasonal
variations in temperature, salinity, and nutrient content. The biota include both endemic and migratory
species that exhibit normal seasonal fluctuations in species composition, individual population size, and
geographic distribution. These six units are: Coastal Gulf of Maine, Gulf of Maine, Georges Bank West to
Block Channel, Coastal Middle Atlantic, Middle Atlantic Shelf, and Offshelf (USDC 1985).

The Coastal Gulf of Maine WMU encompasses an area bounded seaward by the observable limits of
coastal processes, including riverine and estuarine plumes, coastal upwelling and diurnal tidal fluxes.
Geographically, the area is bounded on the northeast by the Canadian Border and on the southwest by
Cape Cod. This zone is generally marked by steep terrain and bathymetry, joining at a rock bound
coastline with numerous isles, embayments, pocket beaches, and relatively small estuaries. Circulation is
generally to the southwest along Stellwagen Bank, and finally offshore at Cape Cod. The habitats are
presently affected by ocean disposal and effluents from major urban areas, along with significant nonpoint
source pollution associated with the various rivers. Continued pressure to fill already depleted marsh and
shallow water areas occurs in most parts of the area (USDC 1985).

The Gulf of Maine is a partly enclosed sea of 55,000 square miles separated from the Atlantic Ocean by
Browns and Georges Banks. It is an area of five major basins, floored with clays and gravelly silts, and
broken by rocky outcroppings, numerous ledges and banks. The circulation is only generally understood: a
seasonal clockwise gyre swings around the Gulf and joins the clockwise gyre on the northern edge of
Georges Bank. Presently, threats to the area are from the coastal Gulf of Maine and from ships transiting
the area (USDC 1985).

The Georges Bank West to Block Channel WMU includes Georges Bank, the Great South Channel, and
Nantucket Shoals. These areas have similar habitats, biota and hydrographic regimes. Overall, this WMU
is highly productive and heavy fishing pressure is exerted on Its numerous fish and shellfish. It is
threatened by Outer Continental Shelf (OCS) exploratory drilling and by nonpoint source pollution from
atmospheric fallout, general circulation patterns, and marine transportation activities (USDC 1985).

The Coastal Middle Atlantic MWU encompasses a zone from Cape Cod southwest to Cape Hatteras. The
area is characterized by a series of sounds, broad estuaries, large river basins and barrier islands. The
predominantly sand bottom is characterized by a ridge and swale topography. The waters of the Coastal
Middle Atlantic have a complex and seasonally dependent pattern of circulation. Seasonally varying winds
and irregularities in the coastline result in the formation of a complex system of local eddies and gyres.
Currents tend to be strongest during the peak river discharge period in late spring and during periods of
highest winds in the winter. In late summer, when winds are light and estuarine discharge is minimal,
currents tend to be sluggish, and the water column is generally stratified. The Coastal Middle Atlantic
provides major habitats for anadromous, estuarine, and endemic species. Migratory species play a major
role in this WMU, and make up the predominant stocks in various seasons. Estuaries provide major
spawning and nursery areas for many of the endemic and migratory species. These species are presently
affected by nonpoint and point sources of pollution from major rivers and urban areas, as well as by direct

21 November 1995 19

loss of habitat caused by filling of wetlands, damming and diversion of rivers, and mosquito ditching in
marshes (USDC 1985).

The Middle Atlantic Shelf WMU covers the area from the Block Island Front southward to Cape Hatteras.
The inshore boundary follows the observable limits of coastal processes, primarily estuarine plumes, and
lies approximately 30 miles from the coast. This WMU generally is characterized as a sandy plain, with a
ridge and swale topography. Numerous submarine canyons intersect this area. The surface circulation
over the shelf can be divided into a two celled system, separated at the Hudson Valley. The subsurface
and bottom circulation tends to flow in a westerly-southwesterly direction that varies with the passage of
weather systems and offshore warm core rings. Hydrographic conditions vary seasonally from vernal
freshening and warming, through summer stratification, to fall/winter breakdown and cooling. This WMU
has a different faunal composition than the Gulf of Maine or Georges Bank. Fish populations are
predominantly migratory, and species composition varies with season. It is threatened by OCS exploratory
drilling; by nonpoint source pollution from atmospheric fallout, general circulation patterns, and marine
transportation activities; and by ocean disposal of sewage sludge and industrial wastes (USDC 1985).

The Offshelf WMU encompasses the zone defined by the mean observable limits of the shelf-slope front
seaward to the mean axis of the Gulf Stream. The area is overlain by the Slope Water Regime, a mass of
relatively warm saline water having a generally weak circulation to the southwest. The upwelling area
along the inner boundary of the shelf-slope front is high in productivity and rich in commercially valuable
fish and shellfish. Offshore, the Gulf Stream undulates as it moves to the northeast, forming a dynamic
boundary from which warm core rings are borne. These rings spawned at a rate of about eight per year,
are about 50 to 100 miles in diameter; they break off east of the area and transit to the southwest,
eventually coming in contact with the shelf at southwestern Georges Bank. The passage of each ring
marks a major event in the hydrographic regime and may significantly affect the biota of the shelf-slope
front and possibly of the shelf itself. Other than ring passages, impacts on the offshelf waters are
primarily from nonpoint source pollution from atmospheric fall out, marine transportation, and from point
source pollution from dumping at deep water dump site 106 and ocean incineration (USDC 1985).

Each of the oceanic areas identified in section 6.1 as important for black sea bass is subject to numerous
man caused habitat threats. Rather than spend extensive efforts detailing degradation in individual oceanic
systems (an effort generally already being performed by the individual States), this section will broadly
address the major types of abuse (i.e., agricultural, urbanization, and industrialization) dominant in the
largest, most important areas (i.e., Chesapeake Bay, Hudson River/Long Island Sound, and the New
England coast).

Extensive urban development along the western shore of the Chesapeake has resulted in human population
and industrial growth at the expense of the natural environment. The Baltimore - Washington - Norfolk
corridor is a major demographic region where numerous commercial and industrial activities are centered.
These activities have adversely affected the environment through habitat modification and destruction, and
the introduction of contaminants in point and nonpoint source discharges. The eastern shore of the Bay is
primarily agricultural and residential. Uncontrolled agricultural and suburban runoff, however, also
introduces significant quantities of sediments, trace metals, and chemicals that degrade water quality.

The Hudson River/Long Island Sound area is heavily urbanized and in parts industrialized or supportive of
large scale agriculture. The middle and upper Hudson River valley and eastern Long Island support
extensive agricultural areas and large populations with the associated habitat abuses. The lower portion of
the Hudson River area, northern New Jersey, and western Long Island are inhabited by the greatest
concentration of people anywhere in the US as well as supporting extensive utility, petro-chemical, and
other heavy industry.

The New England coast, since heavily developed, has some of all three major types of abuse. However,
the areas are generally localized (i.e., an individual power generating station or urbanized center) and since
the estuaries are only used on a limited basis, the abuses do not seem as detrimental as those in the
previously mentioned systems.

21 November 1995 20

In summary, the most concise synopsis of the health of the Nation's marine environments can be viewed
as that presented in the findings of the Congressional Office of Technology Assessment report 0 987):

Estuaries and coastal waters around the country receive the vast majority of pollutants introduced into
-marine environments. As a result, many of these waters have exhibited a variety of adverse impacts, and
their overall health is declining or threatened."

-in the absence of additional measures, new or continued degradation will occur in many estuaries and
some coastal waters around the country during the next few decades (even in some areas that exhibited
improvements in the past).0

"in contrast, the health of the open ocean generally appears to be better than that of the estuaries and
coastal waters. Relatively few impacts from waste disposal in the open ocean have been documented, in
part because relatively little waste disposal has taken place there and because wastes disposed of there
usually are extensively dispersed and diluted. Uncertainty exists, however, about the ability to discern
impacts in the open ocean.*

6.3. GENERAL CAUSES OF POLLUTION AND HABITAT DEGRADATION

6.3.1. General Habitat Degradation Threats

The Council, in efforts to coordinate with NMFS, has adopted the NMFS Regional Action Plan (USDC
1985) identified environmental threats as potential issues that may affect the black sea bass habitat.

Estuarine and coastal lands and waters are used for many purposes that often result in conflicts for space
and resources. Some uses may result in the absolute loss or long term degradation of the general aquatic
environment or specific aquatic habitats, and pose theoretically significant, but as yet unquantified, threats
to the biota and their associated habitats. Issues arising from these activities, and the perceived threats
associated with them, are of serious concern to the public.

Multiple- use issues are constantly changing, as are the real or perceived impacts of certain activities on
living marine resources. The coastal and oceanic activities that generate these issues can threaten living
marine resources and their habitats. Threats to resources occur when human activities cause changes in
physical habitat, water and sediment chemistry, and structure and function of biological communities.

The Coastal Middle Atlantic and Coastal Gulf of Maine WMU share similar activities that threaten habitats
and the well being of living marine resources in estuarine and near shore areas (USDC 1985). Likewise,
the Gulf of Maine, Georges Bank, Middle Atlantic Shelf and Offshore WMUs share similar activities that
threaten the welfare of biota and habitats in offshore areas.

The following discussion identifies and describes each multiple use issue and the potential threats
associated with that issue (USDC 1985). For the purposes of this discussion, an 'Issue" is a point of
debate or controversy evolving from any human activity, or group of activities, that results in an effect,
product, or consequence. Environmental and socio-economic issues remaining to be resolved satisfactorily
with regard to their impacts on marine organisms, their habitats, and man developed from the multiple,
often conflicting uses of coastal lands and waters.

6.3.1.1. Waste Disposal and Ocean Dumping

The Atlantic Ocean off the northeastern United States has been and continues to be used for the disposal
of wastes, including sewage sludge, dredged material, chemical wastes, cellar dirt, and radioactive
material. Some waste treatment methods, such as chlorination, pose additional problems to aquatic
species. Habitats and associated organisms have been degraded by long term ocean disposal, particularly
of sewage wastes. Sewage pollution causes closure of shellfish beds,and occasionally, of public
swimming areas. Additional research on the impacts of ocean disposal at deep water dump sites is
urgently needed (USDC 1985). A recent potentially serious problem is the at sea incineration of toxic

21 November 1995 21

wastes.

Ocean disposal of sewage sludge, industrial waste products, dredged material, and radioactive wastes
degrades water quality and associated habitats. The deep water dump site is 106 miles offshore off the
mouth of the Hudson River due east of central New Jersey. Concentrations of heavy metals, pesticides,
insecticides, petroleum products, and other toxics all contribute significantly to degradation of waters off
the northeastern States. Organic loading of estuarine and coastal waters is an emerging problem.
Symptoms of elevated levels include excessive algae blooms, shifts in abundance of algal species,
biological oxygen demand (BOD) increases in sediments of heavily affected sites, and anoxic events in
coastal waters. Changes in biological components are a consequence of long term ocean disposal.
Harmful human pathogens and parasites can be found in biota and sediments in the vicinity of ocean dump
sites. In addition, shellfish harvesting grounds have been closed because of excessive concentrations of
pathogenic and indicator species of bacteria.

Many of the above issues and concerns may also be germane to the dumping of fish and shellfish waste in
the ocean. The closure of land based processing plants because of the plants inability to most National
Pollution Discharge Elimination System (NPDES) or State Pollution Discharge Elimination System (SPDES)
effluent requirements encourages the attempts for at sea disposal. While fishery byproducts may be
nutritive in value, problems of BOD increases, excessive algal blooms, and concentrations of pathogenic
bacteria, may all be associated with ocean disposal of fisheries products. The onus of proof of no
environmental harm must fall to the group that wants to use the ocean for disposal purposes.

The deeper waters of the offshore WMUs present a different set of problems, compared with shallower
waters, with respect to oceanic currents, warm core rings, and other physical and chemical oceanographic
processes.. Furthermore, less is known and understood about deep water ecosystems than their shallow
water counterparts. It is imperative that studies be undertaken to reveal the fate and role of contaminants
in deep water ecosystems, and to refine information about the shelf ecosystem through which these
materials may be transported (USDC 1985).

6.3.1.2. Coastal Urbanization

Half of the human population makes its home within 60 miles of one ocean or another (Zero Population
Growth Reporter 1994a). In the US, the home is often accompanied by: a car, and an oil leak that trickles
into the nearby stream and down to the shore; a lawn, showered with pesticides that wash "away' in the
rain; a neighboring farm, and manure that seeps down to the bay, firing an algae bloom; and a paper mill,
spilling traces of toxic dioxin into the river. The list goes on.

The US population rose 85 percent within 50 miles of the coastlines between 1940 and 1980, compared
to 70 percent for the nation as a whole (Zero Population Growth Reporter 1994b). To accommodate
development and create beach view property, mangroves, marshes and dunes are torn away. Some 110
million Americans live in marine coastal zones,and their number is growing. Each year more beaches close
because of contamination as waste from overloaded sewage systems is dumped into oceans. In 1992, the
60 million Americans that live along the Atlantic coastal region saw 1,713 beach closings.

The US Census Bureau projects that by the year 2000, the US population will reach 275 million, more than
double its 1940 population. The United States has the third highest population in the world.

The U.N. Food and Agriculture Organization now estimates that all 17 of the world's major fishing areas
have either reached or exceeded their natural limits, and that 9 are in serious decline (Postal 1994). It is
widely acknowledged that many of the North Atlantic fisheries are seriously depleted and arguments rage
over who is to blame. Pogo had the answer: "We have met the Enemy, and he is Us."

Brouha (1994) points out our dilemma and states: "All our scientific work will be for naught if world
human population growth and resource consumption are not stabilized soon. Unchecked growth, subsidies
that support unsustainable resource use, and natural resource policies focused on short-term economic
gains have created a conundrum for the long-term economic integrity and productivity of global

21 Novwr6er 1995 22

ecosystems."

Ehrlich 11990) states the problem best: aNo matter how distracted we may be by the number of problems
now facing us, one issue remains fundamental: Overpopulation. The crowding of our cities, our nations,
underlies all other problems."

Tremendous development pressures exist throughout the coastal area of the Northeast Region. More than
2,000 permit applications are processed annually by the NMFS Northeast Region for commercial, industrial,
and private marine construction proposals. The proposals range from generally innocuous, open pile
structures, to objectionable fills that encroach into aquatic habitats, thereby eliminating their productive
contribution to the marine ecosystem. The projects range from small scale recreational endeavors to large
scale commercial ventures to revitalize urban waterfronts.

Associated with marine construction are a number of impacts which affect living marine resources directly,
and indirectly through habitat loss or modification. Many of these projects are of sufficient scope to singly
cause significant, long term or permanent impacts to aquatic biota and habitat; however, most are small
scale causing minor losses or temporary disruptions to organisms and environment. The significance of
small scale projects lies in the cumulative effects resulting from the large number of these activities.

Urban construction is not limited tothe shore, but upland development, too, which can adversely impact
aquatic areas. One of the major problems arising from urban development is the increase in nonpoint
source contamination of estuarine and coastal waters. Highways, parking lots, and the reduction in
terrestrial vegetation and fringe marshes facilitate runoff loaded with soil particles, fertilizers, biocides,
heavy metals, grease and oil products, PCBs, and other material deleterious to aquatic biota and their
habitats. Atmospheric emissions resulting from certain industrial processes contain sulphurous and
nitrogenous compounds that contribute to acid precipitation, a growing source of concern in some fresh
water sections of tidal streams. Nonpoint pollution is incorporated in water, sediments, and living marine
resources. Although nonpoint sources of pollution do not usually cause acute problems, they can
contribute to subtle changes and increases of contaminants in the environment (USDC 1985).

As residential, commercial, and industrial growth continues, the demand for potable, process, and cooling
water, flow pattern disruption, waste water treatment and disposal, and electric power increases. As
ground water resources become depleted or contaminated, greater demands are placed on surface water
through dam and reservoir construction or some other method of freshwater diversion. The consumptive
use of significant volumes of surface freshwater causes reduced river flow that can affect down stream
salinity regimes as saline waters intrude further upstream.

Turek et ah 0 987) identified numerous studies that have correlated freshwater inflows and fishery
resource production. Salinity is a primary ecological factor regulating the distribution and survival of
marine organisms. The amount of freshwater entering an estuary determines physicochemical variables
(e.g. salinity, temperature, and turbidity) directly affecting physiological processes in organisms. Salinity is
a primary factor regulating estuarine primary production. In addition, salinity governs fish distribution by
secondarily restricting predator distribution (Turek et a/. 1987).

Water that is not lost through consumptive uses is returned to the rivers or streams as point source waste
water discharges. Although the waste water- generally is treated, it still contains contaminants. Domestic
waste water contains residual chlorine compounds, nutrients, suspended organic and inorganic com-
pounds, trace metals and bacteria. Industrial discharges may contain many dissolved and suspended
pollutants, including metals, toxic substances, halogenated hydrocarbons, petroleum products, nutrients,
organics and heat.

Construction in and adjacent to waterways often results in elevated suspended solids emanating from the
project area. The distance the turbidity Plume moves from the point of origin is dependent upon tides,
currents, nature of the substrate, scope of work, and preventive measures employed by the contractor.

Excessive turbidities can abrade sensitive epithelial tissues, clog gills, decrease egg buoyancy, reduce light

21 November 1995 23

penetration; thereby affecting photosynthesis of phytoplanktonic and submerged vegetation, and cause
localized oxygen depression. Suspended sediments subsequently settle, which can destroy or degrade
productive shellfish beds and nursery sites.

The effects of turbidity and siltation are generally, but not always, temporary and short term. Other
construction activities can result in permanent loss or long term disruption of habitat. Dredging can
degrade productive shallow water and destroy marsh habitat or resuspend pollutants, such as heavy
metals, pesticides, herbicides, and other toxins. Concomitant with dredging is spoil disposal, which
traditionally occurred on marshes or in open water. Shoreline stabilization can result in gross impacts,
through filling of intertidal and sublittoral habitat; or cause subtle effects, resulting in the elimination of the
ecotone between shore and water, or through the scouring of benthic habitat by reflective wave energy.

Sewage treatment effluent produces changes in biological components as a result of chlorination and
increased contaminant loading. Sewage treatment plants constructed where the soils are highly saturated
often allow suburban expansion in areas that would have otherwise remained undeveloped, thereby
exacerbating already severe pollution problems in some areas.

Another aspect of urban development is nonpoint source pollution, which is caused by land based activities
that result in materials being transported to aquatic areas. Certain pollutants lpathogens, phosphorus,
sediments, heavy metals, and acid precipitation) from nonpoint sources are demonstrable problems in
Atlantic coastal and estuarine waters (USDC 1985). Nonpoint source pollution appears to be a chronic
threat that will affect the Northwest Atlantic Ocean in the upcoming decades.

Diversion of freshwater to other streams, reservoirs, industrial plants, power plants, and municipalities can
change the salinity gradient downstream and displace spawning and nursery grounds. Patterns of
estuarine circulation necessary for larval and plankton transport could be modified. Such changes can
expand the range of estuarine diseases and predators associated with higher salinities that affect
commercial shellfish.

Industrial waste water effluent is regulated by EPA through permits. While the NPDES provides for
Jssuance of waste discharge permits as a means of identifying, defining, and where necessary, controlling
virtually all point source discharges, the problems remain due to inadequate monitoring and enforcement.
It is not possible presently to estimate the singular, combined, and synergistic effects on the ecosystem
impacted by industrial (and domestic) waste water.

6.3.1.3'. Energy Production and Transport

Energy production facilities are widespread along Atlantic coastal areas. Electric power is generated by
various methods, including land based nuclear power plants, hydroelectric plants, fossil fuel stations, and
possibly future offshore floating nuclear power plants. These facilities compete for space along the coastal
zone; they require water for cooling and, in the case of coal fired plants, generate voluminous amounts of
ion, hydroelectric plants, with their need for dams,
fly ash and sulfur dioxide, as well as electricity. In additi
substantially modify river courses and affect anadromous fish runs and/or restoration programs.

.The impacts on the marine and estuarine environment resulting from the various types of power plants
include water consumption, heated water and reverse thermal shock, entrainment and impingement of
organisms, discharge of heavy metals and biocides in blow down water, destruction and elimination of
habitat, and disposal of dredged materials and fly ash (USDC 1985).

The Outer Continental Shelf (OCS) exploratory and production drilling and transport may affect biota and
their habitats through the deposition of drilling muds and cuttings. Oil spills resulting from well blowouts,
pipeline breaks, and tanker accidents are of major concern. Seismic testing operations can interfere with
fishing operations and damage or destroy fishing gear. In addition, exclusion areas around drilling rigs can
result in conflicts between fishermen, both recreational and commercial, and the oil companies.

21 November 1995 24

6.3.1.4. Port Development and Utilization

All ports require shoreside infrastructure, mooring facilities, and adequate channel depth. Ports compete
fiercely for limited national and international markets and continually strive to upgrade their facilities.
Dredging and dredged material disposal, filling of aquatic habitats to create fast land for port improvement
or expansion, and degradation of water quality are the most serious perturbations arising from port
development. All have well recognized implications to living marine resources and habitat.

6.3.1.5. Agricultural Development

Agricultural development can affect fisheries habitat directly through physical alteration and indirectly
through chemical contamination. Fertilizers, herbicides, insecticides, and other chemicals are washed into
the aquatic environment with the uncontrolled nonpoint source runoff draining agricultural lands. These
chemicals can affect the growth of aquatic plants, which in turn affects fish, invertebrates, and the general
ecological balance of the water body. Additionally, agricultural runoff transports animal wastes and
sediments that can affect spawning areas, and generally degrade water quality and benthic substrate.
Excessive uncontrolled or improper irrigation practices often exacerbate the contaminant flushing as well as
deplete and contaminate ground water. One of the most serious consequences of erosional runoff is that
the frequent dredging of navigational channels results in dredged material that requires disposal, often in
areas important to living marine resources (USDC 1985).

6.3.1.6. Marine Mineral Extraction

Mining for sand, gravel, and shell stock in near shore coastal and estuarine waters can result in the loss of
infaunAl benthic organisms, modifications of substrate, changes in circulation patterns, and decreased
dissolved oxygen concentrations at deeply excavated sites where flushing is minimal. Sand and gravel
mining tends to result in suspended materials at the mining sites, and turbidity plumes may move several
miles from individual sites. Mining also results in ranges in sediment type or sediment quality, often over
areas measurable in square miles. Deep borrow pits created by mining may become seasonally or
permanently anaerobic JUSDC 1985).

Coastal sand mining to support beach restoration projects is another potential threat to consider, especially
since the habitat needs of overwintering juveniles are so poorly understood. It may be important for these
projects to avoid areas that are rich in clam shells or near other 'reef" habitats (Steimle pers. comm.).

6.3.1.7. Other Effects of Nonpoint Pollution (NPS)

Many of the adverse impacts associated with NPS were discussed above under individual threats.
Cumulatively, however, the effects of this environmental insult may have much more far reaching
implications for fisheries resources. Estuarine and riverine plumes entering coastal waters are influenced
by Coriolis and other dynamic forces. These plumes may remain as discrete water masses flowing close to
the coast for hundreds of miles. Consequently, plumes from different estuaries may converge and act
synergistically to effect changes in the structure of biological communities, such as occurred in the North
Sea off Denmark (FAO 1992).

6.3.1.8. Coastal and Watland Use and Modification

Intense population pressures have adversely affected many estuarine and marine habitats along the
Atlantic coast. Demand for land suitable for home sites, resorts, marinas, and industrial expansion has
resulted in the loss or alteration of large areas of wetlands through dredging, filling, diking, ditching, upland
construction, and shoreline modification.

As residential and commercial use of coastal lands increased, so does the recreational use of coastal
waters. Marinas, public access landings, private piers, and boat ramps all vie for space. Boating requires
navigational space, a place to berth for some boat owners, and boat yards for repair and storage.

21 November 1995 25

As population densities increase in these areas, greater pressures are exerted to develop remaining lands,
and the demand for nuisance insect control on adjacent undeveloped wetlands either through chemical or
physical (i.e., ditching) methods, also intensifies.

In addition to residential and recreational development, other competing uses further contribute to the
destruction or modification of wetland areas. Agricultural development can significantly affect wetlands.
Common flood control measures in low lying coastal areas include dikes, ditches, and stream
channelization. Wetland drainage is practiced to increase tillable land acreage. Wildlife management
techniques that also destroy or modify wetland habitat include the construction of dredged ponds, low
level impoundments, and muskrat ditches and dikes (USDC 1985).

In general wetland loss is not something the Council can directly affect. The Council's Congressional
mandate is to reduce fishing mortality when a resource is overfished. Loss of habitat and reduced ability
to reproduce because of environmental degradation are generally considered part of the natural mortality
estimate when stock assessments are performed and thus outside the control of the MFCMA. It is
becoming increasingly apparent that fishing mortality reductions are significantly hampered by the constant
loss of species habitat.

Significant coastal wetlands have been lost recently. Tiner 0 987) in a report entitled "Mid-Atlantic
wetlands. A disappearing natural treasurew, quantifies the current status and recent trends in wetlands in
the Mid-Atlantic. The trends are alarming. Between 1955 and 1981, Delaware lost about 42,000 acres of
coastal wetlands and inland vegetated wetlands. Delaware lost 3.8% of its coastal wetlands. Between
1955 and 1978, about 24,000 acres of Maryland's coastal wetlands and inland vegetated wetlands
disappeared. Maryland lost 9% of its coastal wetlands. Between 1956 and 1977, over 63,000 acres of
Virginia's coastal and inland vegetated wetlands were lost, with an overall loss of 6.3% of the coastal
wetlands. The coastal areas of Virginia, Maryland, and Delaware are absolutely essential habitat for young
stages of black sea bass.

The NMFS 1985 priorities on the multiple use issues and threats to living marine resources were identified
in the RAP document (USDC 1985). Activities identified as high priority included urban and port
development, ocean disposal, dams and agricultural practices. Medium priority activities included industrial
waste discharges, domestic waste discharges, and OCS oil and gas development (Table 8). These
priorities are currently being re-evaluated (Peterson pers. comm.).

Finally, habitat alteration by the fishing activities themselves is perhaps the least understood of the
important environmental effects of fishing (National Research Council 1994a). Alterations to resource
habitats due to fishing may result from the loss of habitats of non-target species, such as species
encrusting cobbles, or of other epibenthic habitats, which may be important nursery areas for juvenile fish;
from the alteration of nutrient levels and bottom sediment, including destruction of habitat by bottom
trawling, dredging, and other fishing and processing operations; and from the generation of suspended
debris that can have lethal effects long after fishing activities have ceased.

According to Steimle (pers. comm.) there have been reports from the artificial reef experts in Now York
and New Jersey (Steve Heins and Bill Figley) that some post or current reef habitats, especially older
wrecks or mussel beds, in parts of the Mid-Atlantic are being purposely destroyed or flattened to facilitate
the unobstructive use of wrock-hoppern trawls targeting reef-fish such as black sea bass and tautog. Some
wreck salvage operations can be highly destructive to reef habitat value, as well. Reduced-profile reefs are
less attractive and useful as habitat for reef-fish, including black sea bass, and are more prone to being
covered by sediments and lost as functional habitat. This threat is the reason that roller rig size is limited
for the preferred alternative.

The loss of traps or nets on reef habitats, which continue to ghost fish, is another habitat threat that is
partially dealt with by rapidly degraded panels on traps. Snagged trawl or gill nets on reef wrecks also
increase the loss of hooked fishing gear and lead weights on reefs, which further contributes to the
degradation of habitat value, and possibly increases the likelihood of metal contamination (Steimle pers.
comm.). Staimle (pers. com.) proposed that lost nets can be retrieved by divers, and a coded tag marking

21 Novefter 1995 26

system, associated with licenses, on nets could facilitate assigning responsibility.

6.4. PROGRAMS TO PROTECT, RESTORE, PRESERVE, AND ENHANCE THE HABITAT OF THE STOCKS
FROM DESTRUCTION AND DEGRADATION

The MFCMA provides for the conservation and management of living marine resources (which by definition
includes habitat), pr!hCiP811Y within the EEZ, although there is significant concern for management
throughout the range of the resource which includes the State controlled waters. The MFCMA also
requires that a comprehensive program of fishery research be conducted to determine the impact of
pollution on marine resources and how wedand and estuarine degradation affects abundance and
availability of fish.

The MFCMA established Regional Fishery Management Councils that have the responsibility to prepare
fishery management plans which address habitat requirements, describe potential threats to that habitat,
and recommend measures to conserve those habitats critical to the survival and continued optimal
production of the managed species. The NMFS; Habitat Conservation Policy (48 FR 53142 - 53147),
specifically Implementation Strategy 3, established the basis for a partnership between NMFS; and the
Councils to assess habitat issues pertaining to individual manages species. Under MFCMA, the action
agencies (such as the Corps of Engineers) have to respond within 45 days to any Council's comments on
habitat issues.

Other NMFS programs relative to habitat conservation are found in the Marine Mammal Protection Act of
1972, the Endangered Species Act of 1973, and the Anadromous Fish Conservation Act of 1965. The
NMFS shares responsibilities with the FWS for conservation programs under these laws.

In addition to the above mentioned NMFS programs, other laws regulate activities in marine and estuarine
waters and their shorelines. Section 10 of the River and Harbor Act of 1899 authorizes the Army Corps of
Engineers (COE) to regulate all dredge and fill activities in navigable waters (to mean high water shoreline).
Section 404 of the Clean Water Act of 1980 authorizes EPA to regulate the discharge of industrial and
municipal wastes into waters and adjacent wetlands. EPA has delegated authority under Section 404 to
the COE to administer all dredge and fill activities under one program. Section 401 of the Clean Water Act
authorizes EPA, or delegated States with approved programs, to regulate the discharge of all industrial and
municipal wastes. The EPA and COE also share regulatory responsibilities under the Marine Protection,
Research, and Sanctuaries Act of 1972.

All of the activities regulated by these programs have the potential to adversely affect living marine
resources and their habitat. The NMFS, EPA, FWS, and State fish and wildlife agencies have been
mandated to review these activities, assess the impact of the activities on resources within their
jurisdiction, and comment on and make recommendation to ameliorate those impacts to regulatory
agencies. Review and comment authority is provided by the Fish and Wildlife Coordination Act of 1934
(as amended 1958) and the National Environmental Policy Act of 1969. Consultative authority extends to
all projects requiring federal permits or licenses, or that are implemented with federal funds.

Other legislation under which NMFS; provides comments relative to potential impacts on living marine
resources, their associated habitats, and the fisheries they support include, but are not limited to, the
Coastal Zone Management Act of 1972; the Marine Protection, Research, and Sanctuaries Act of 1972;
and the Endangered Species Act of 1973 (Section 7 consultation).

A more detailed discussion of the pertinent legislation affecting their protection, conservation,
enhancement, and management of living marine resources and habitat can be found in the NMFS; Habitat
Conservation Policy (48 FR 53142-53147).

In addition, NMFS and the other Federal resource agencies are involved in other programs with the States
(e.g., NMFS administers Saltonstall-Kennedy and Fish and Wildlife Service administers Wallop-Breaux
programs) that provide grants to conserve fish habitats and improve fisheries management.

A 21 November 1995 27

Individual States also regulate wetlands, which complements Federal habitat conservation programs. Over
the past two decades, the United States has devised various public and private programs to protect and
manage this valuable wetland resource. Unfortunately, most of these programs have addressed only
limited aspects of the wetlands protection problem, and they have been adopted haphazardly and
incoherently (The Conservation Foundation 1988). This has led to duplication and uncertainty, at times
imposing burdensome costs. The existing programs also leave major gaps in the protection effort.

The members of the National Wetlands Policy Forum (The Conservation Foundation 1988) firmly believe
the nation cannot afford to allow the present situation - with its inadequate wetlands protection, its
confusion, its costs and frustration - to continue. The National Wetlands Policy Forum members recognize
that wetlands protection is only one of many issues the nation is facing, but they believe it clearly merits a
higher priority than it has received in the past.

The preservation and restoration of wetlands and essential estuarine habitats are mainly State
responsibilities as well as the Federal EPA and Corps of Engineers. The Council's Habitat Committee which
generally includes personnel from ASMFC, Fish and Wildlife Service and the Coast Guard works closely
with the ASMFC Habitat Committee and the EPA and Corps. Numerous meetings have been held with
these agencies during the development of this FMP and its Amendments. Several projects (Cedar Island
development, marina development in Ocean City, Dam Neck dredge spoil disposal, Assawoman canal
dredging, etc.) have been commented on and modified because of impacts to habitat for species managed
by MAFMC.

6.5. MID-ATLANTIC FISHERY MANAGEMENT COUNCIL HABITAT POLICY (adopted by Council January
1987)

Recognizing that all species are dependent on the quantity and quality of their essential habitats, it is the
policy of the Mid-Atlantic Fishery Management Council to:

Conserve, restore and develop habits upon which commercial and recreational marine fisheries depend, to
increase their extent and to improve their productive capacity for the benefit of present and future
generations. (for the purposes of this Policy, OHABITATO is defined to include all those things, physical,
chemical and biological that are necessary to the productivity of the species being managed.)

This policy shall be supported by three policy objectives which are to:

(1) Maintain the current quantity and productive capacity of habitats supporting important commercial and
recreational fisheries, including their food base. (This objective will be implemented using a guiding
principle of NO NET HABITAT LOSS).

(2) Restore and rehabilitate the productive capacity of habitats which have already been degraded.

(3) Create and develop productive habitats where increased fishery productivity will benefit society.

The Council shall assume an aggressive role in the protection and enhancement of habitats important to
marine and anadromous fish. It shall actively enter Federal decision making processes where proposed
actions may otherwise compromise the productivity of fishery resources of concern to the Council.

COUNCIL HABITAT RESPONSIBILMES

The Council will assist in the development of each fishery management plan to insure that:

(1) Habitat significant to the species to be managed as well as its prey (where information is available) is
adequately defined in the plan, and

(2) Recommendations to responsible agencies are included in the plan which identify habitat improvement
or changes in Federal policies, which are necessary to achieve the objectives of the plan.

21 Novembor 1995 28

The Council will review those proposed habitat alterations, policy or other human actions which may have
a significant adverse impact on those fisheries addressed in the Council's proposals and finding that
adverse impacts will occur, the Council may file or present the Council's position to the Federal agency(s)
responsible for the action which could (1) oppose the proposed action, (2) suggest project modifications or
(3) seek full compensation for unavoidable fishery losses.

The Council may also recommend changes in the Federal statutes and their implementing regulations to
protect marine fishery resources and their habitats in water development projects and policy.

GUIDEUNES

The following guidelines could assist the Council in making its assessment of the proposed actions:

(1) The extent to which the activity would directly affect the production of fishery resources or their
essential food base (e.g., as a result of dredging, filled marshland, pollution, reduced access, etc.);

(2) The extent to which precedent would be set in relation to existing or potential cumulative impacts of
similar or other developments in the project area;

(3) The extent to which the activity would indirectly affect the production of fishery resources (e.g.,
alteration of circulation, salinity regimes, detrital export, etc.);

(4) The extent of any adverse impact that can be avoided through project modification or other safeguards
(e.g., piers in lieu of channel dredging);

(5) The existence of alternative sites available to reduce unavoidable project impacts; and

(6) The extent to which the activity requires a waterfront location if dredging or filling wetlands is
involved.

Project Review Process

(1) Significant projects shall be selected by Council using the following criteria:

(a) Judgment that significant adverse effects may occur; or

W Notification by the Council or staff of significant projects that should be considered.

(2) NMFS shall forward copies of public notices of significant Federally authorized projects or policy
immediately to Council staff followed by special briefings, as appropriate, or by NMFS position statements,
as developed.

(3) Council staff, when appropriate, shall catalog notices and forward copies to the Council. The staff
shall request state and other Federal assessments (position statements) of project impact and forward
them to the Council.

(4) When appropriate, Council shall develop a Council position.

(a) The Council may file adverse comments or recommended project modifications to reduce environmen-
tal damage with the Federal construction or regulatory agency (COE, FERC, etc.).

W Council staff or members may testify at public hearings, as needed.

W Council may hold public hearings, as appropriate.

(5) The Council shall report on its actions at Council meetings as needed.

21 November 1995 29

Criteria to Define Significant Projects

(1) Projects that may directly affect fisheries or habitat for which the Council has a management or
research interest.

(2) Projects which significantly affect habitat important to species managed under the MFCMA or
important to species upon which managed species are dependent for food.

(3) Projects that may be precedent setting or in unique or critical habitat areas.

(4) Projects having a substantial or significant indirect impact on surface water flow, detritus export,
saltwater intrusion, isolating nursery areas, etc.

(5) Highly wcontroversiala projects, i.e., those which generate much publicity, strong opinions from user of
the affected resource.

6.6. HABITAT PRESERVATION, PROTECTION AND RESTORATION RECOMMENDATIONS

Management of fisheries requires both control of fishing mortality (by the Councils) and preservation and
restoration of habitat (by the States, EPA, and the Corps of Engineers). As noted above as a purpose for
this action, the Council intends to work closely with these other agencies for habitat preservation.

As stated in section 4, black sea bass are overexploited. Recognizing that black sea bass are in poor
shape, it is worthwhile to stress habitat conservation for increasing the survivability of juveniles, as well as
management actions to control fishing mortality, which will strengthen the use of the habitat information in
meeting the MAFMC mandates that 'irreversible or long term adverse effects on fishery resources and the
marine environment are avoided.0

Black sea bass are dependent on estuarine habitats for much of their life (section 6. 1). It is precisely these
habitats that are most vulnerable to anthropogenic impacts and loss. It is probable that fishing mortality
rates on black sea bass may be the primary reason for the declines noted. However, the critical habitat
'area-s designated by the States (section 6.1-2) must be protected in order to allow black sea bass
p
` lations to rebuild and be maintained when fishing mortality rates are reduced.
opu

In order to resolve the above problems and prevent overfishing for this species, very significant reductions
in fishing mortality will be required. The reductions in fishing mortality are needed to reduce the risk of
stock failure. The Council has the ability to control fishing mortality and reduce that component of risk
through the Magnuson Act.

Equally important to reducing risk is the quality of the habitat. In this area the primary Federal
responsibility is that of EPA and the Corps of Engineers, since the Magnuson Act only allows the Council
the right to comment on proposals. Spawning and nursery areas and migratory pathways must be
protected and kept viable if the stringent fishing regulations are to succeed. Successful fishery
management requires a partnership between the fishery managers and the habitat protection agencies for
the programs to succeed. It would not be fair to place stringent regulations on the fishermen in order to
solve the stock problems, only to lose any gains to pollution and habitat degradation. The
recommendations that follow are made in keeping with this philosophy.

it is the policy of the Mid-Atlantic Fishery Management Council (section 6.5) to oppose any loss of aquatic
habitat or wetlands which contributes to the conservation of fish stocks. Where loss of habitat is
unavoidable locally, the Council endorses recreation of quantitatively and qualitatively equivalent habitat.
The Council recognizes the multiple resource base of our coastal areas and recognizes the need to
accommodate other natural resource management objectives with special sensitivity to goals that may be
contrary to the objectives of fishery management. The intent of the Council is to support no net loss of
fishery habitat while minimizing all detrimental alterations of these essential habitats.

21 November 1996 30

This policy is intended to allow the MAFMC to optimize the management of fisheries in the Mid-Atlantic
EEZ through a concerted effort to establish a quality habitat and to seek to reverse the serious problems
affecting the reproduction, size frequency and distribution of fish. The Council will accomplish this through
participation in the review of private and government projects which would adversely affect fish
production.

The Council is deeply concerned about the effects of marine and estuarine habitat degradation on fishery
resources. They have a responsibility under the MFCMA to take into account the impact of habitat
degradation on black sea bass. The following recommendations are made in light of that responsibility
and are in full accordance with the Council's Habitat Policy and Position Paper on Habitat and the
Environment.

1. All available or potential natural habitat for migratory black sea bass should be preserved by
encouraging management of conflicting uses to assure access by the fish to essential habitat and
maintenance of high water quality standards to protect black sea bass migration, spawning, nursery,
overwintering, and feeding areas.

2. Filling of wetlands should not be permitted in or near nursery summering areas. Mitigating or
compensating measures should be employed where filling is unavoidable. Project proponents must
demonstrate that project implementation will not negatively affect black sea bass, their habitat, or their
food sources.

3. Best engineering and management practices (e.g., seasonal restrictions, dredging methods, disposal
options, etc.) should be employed for all dredging and in water construction projects. Such projects should
be permitted only for water dependent purposes when no feasible alternatives are available. Mitigating or
compensating measures should be employed where significant adverse impacts are unavoidable. Project
proponents should demonstrate that project implementation will not negatively affect black sea bass, their
habitat, or their food sources.

4. The disposal of sewage sludge, industrial waste, and contaminated dredged material in black sea bass
habitat, including the New York Bight, should not be allowed. Advanced garbage, industrial waste, and
sludge handling techniques are now available and must be encouraged. Specifically:

a. The Council opposes ocean dumping of industrial waste, sludge and other harmful materials.

b. The Council requests EPA require each permitted ocean dumping vessel be required to furnish detailed
information concerning each trip to the dump site. This might be in the form of transponders; locked Loran
C recorder plots of trip to and from the dump site; phone call to EPA when vessel leaves and returns to
port; or other appropriate method to ascertain that vessels dump only in designated areas.

c. The Council requests fishermen and other members of the public to report to the EPA, Coast Guard
and the Council any observance of vessels dumping other than in the approved dump sites. A list of
permitted vessels would accompany this request with the additional request for reporting of any vessel hot
on the approved list. The report should include date, time, location (longitude, latitude, Loran bearings),
vessel name of the dumping vessel, the nature of the material dumped, name of reporting individual and
vessel. This would enable EPA to take appropriate action against illegal dumping.

d. The Council strongly urges state and federal environmental agencies to reduce the amount of industrial
waste, sludge and other harmful materials discharged into rivers and the marine environment, and for these
agencies to increase their surveillance monitoring and research of waste discharge. The Council requests
that the Environmental Protection Agency implement and enforce all legislation, rules and regulations with
emphasis on the best available technology requirements and pretreatment standards.

5. Ocean disposal of fish waste should not be allowed in any areas where environmental harm may occur.
The burden of proof that no environmental harm exists should be on the entity proposing the disposal. An
environmental monitoring program to characterize the proposed site prior to, during, and after disposal

21 November 1995 31

occurs must be undertaken and is the financial responsibility of the entity benefiting from the use of the
ocean environment. As an example, the dumping of fish wastes in areas of surf clams or scallops could
provide enrichment that could trigger undesirable organisms, such as algea which produce poisoning (PSP).

6. The siting of industries requiring water diversion and large volume water withdrawals should be avoided
in black sea bass critical areas. Project proponents must demonstrate that project implementation will not
negatively affect black sea bass, their habitat, or their food supply. Where such facilities currently exist,
best management ptactices must be employed to minimize adverse effects on the environment. All Federal
and State agencies regulating projects which alter freshwater inflows should consider the cumulative
effects to estuarine production in their decision-making processes.

7. Dechlorination facilities should be used to destroy chlorine at sewage treatment plants and power
plants.

S. No toxic substances in concentrations harmful (synergistically or otherwise) to humans, fish, wildlife,
and aquatic fife should be discharged. The EPA's Water Quality Criteria Series should be used as
guidelines for determining harmful concentration levels. Use of the best available technology to control
industrial waste water discharges must be required in areas critical to the survival of black sea bass. Any
new potential discharge into critical areas must be shown not to have a harmful effect on black sea bass.
In calculating potential impacts, the stratification affects of mixing zones should be carefully considered.

9. The EPA, for the EEZ, and States, for the Coastal Zone, should review their water quality standards and
make changes as needed with respect to the habitat requirements of black sea bass migratory passage and
feeding and to maintain edible black sea bass; that is, flesh and organ buildup of qontaminants must be
considered.

10. Water quality standards in nursery, spawning, feeding, and areas of migratory passage should be
enforced rigidly by State or local water quality management agencies, whose actions should be carefully
monitored by the EPA. Where State or local management efforts (standards/enforcement) are deemed
inadequate, EPA should take steps to assure improvement; if these efforts continue to be inadequate, EPA
should assume authority, as necessary.

11. Appropriate measures must be taken as soon as possible to reduce acid precipitation and runoff into
estuaries and near shore waters.

12. EPA and appropriate agencies must establish and approve criteria for vegetated buffer strips in
agricultural areas adjacent to black sea bass nursery areas to minimize pesticide, fertilizer, and sediment
loads to these areas critical for survival. The effective width of these vegetated buffer strips varies with
slope of terrain and soil permeability. The Soil Conservation Service and other concerned Federal and State
agencies should conduct programs and demonstration projects to educate farmers on improved agricultural
practices that would minimize the wastage of pesticides, fertilizers, and top soil and reduce the adverse
effects of these materials.

6.7. HABITAT RESEARCH NEEDS

The National Status and Trends Program of NOAA (USDC 1987 and 1989) should provide guidance in
making intelligent decisions involving the use and allocation of resources in the nation's coastal and
estuarine regions. These decisions require reliable and continuous information about the status and trends
on environmental quality in the marine environment. Four general objectives have been established for the
early years of the National Status and Trends Program (USDC 1987 and 1989). Those objectives are (1)
to establish a national data base using state of the art sampling, preservation, and analysis methodologies;
(2) to use the information in the data base to estimate environmental quality, to establish a statistical basis
for detecting spatial and temporal change, and to identify areas of the nation that might benefit from more
intensive study; (3) to seek and validate additional measurement techniques, especially those that describe
a biological response to the presence of contaminants; and (4) to create a cryogenic, archival specimen
bank containing environmental samples collected and preserved through techniques that will permit reliable

21 Novefter 1995 32

analysis over a period of decades. While the Council concurs with these objectives, efforts by this
program or other NMFS programs also must look at specific issues which include:

1. It is necessary that scientific investigations be conducted on black sea bass to emphasize the long term,
synergistic effects of combinations of environmental variables on, for example, reproductive capability,
genetic changes, and suitability for human consumption.

2. The Council reco mends the following areas for future habitat directed investigations: field studies on
the direct and indirect effects of contaminants on mortality of black sea bass; studies on the interactive
effects of pH, contaminants, and other environmental variables on survival of black sea bass; and
continued studies on the importance of factors controlling the production and distribution of food items
that appear in the diet of young black sea bass.

7. DESCRIPTION OF THE FISHERIES

7.1. DOMESTIC COMMERCIAL FISHERY

Commercial landings of black sea bass have been recorded since the late 1800's. These data indicate that
commercial landings north of Cape Hatteras varied around 6 million pounds from 1887 until 1948 when
they increased to 15.2 million pounds (NEFSC 1992). Reported landings increased to a peak of 22 million
pounds in 1952, declined to 1.3 million pounds in 1971, and in recent years have fluctuated between
approximately 3 and 4 million pounds (Figure 11).

Since 1983, commercial black sea bass landings have averaged approximately 3.6 million pounds per year
or 42% of the total landings, recreational and commercial landings combined (Table 9). In 1992,
fishermen landed approximately 6.3 million pounds of black sea bass of which commercial landings
accounted for approximately 3 million pounds. This represents a decline from 4.3 million pounds, the
largest amount of black sea bass landed by commercial fishermen during the period 1983 to 1992.

Traditionally, two gears, fish otter trawls and fish potsttraps have accounted for the majority of
commercial landings on a coastwide basis. These two gears accounted for nearly 90% of the landings
from 1983 to 1992 (Table 10). Other important gear include hand lines (5%) and lobster pots (1 %).

Otter trawls, which harvested 56% of the black sea bass coastwide, accounted for the majority of the
black sea bass landings in most states with the exception of Massachusetts, Delaware and Maryland
(Table 11). Fish pots and traps accounted for the majority of the landings in these states. In addition,
hand lines harvested a significant proportion of black sea bass in Massachusetts, New York, Virginia and
North Carolina.

During the period 1983 to 1992, the proportion of black sea bass harvested by otter trawls has generally
declined (Table 12). In 1984, otter trawls accounted for over 75% of the landings whereas in 1991 less
than 25% of thesea bass landed commercially were harvested by this gear. Conversely, the percent of
sea bass caught by fish pots and traps has generally increased with almost 62% of the landings
attributable to this gear in 1991.

In 1992, approximately 88% of the commercial landings came from the EEZ (Table 13). Coastwide, from
1983 to 1992, an average of 84% of the sea bass landed commercially came from federal waters. By
subregion, EEZ landings were predominant in the Mid-Atlantic area each year from 1983 to 1992 (Table
14). In Now England, the landings were almost equally divided between state and federal waters from
1983 to 1987 with a predominance in state waters from 1988 to 1991. In 1992, EEZ landings accounted
for 64 and 89% of the landings in the New England and Mid-Atlantic regions, respectively. North Carolina
landings of black sea bass came almost exclusively from the EEZ during this time period.

Based on average monthly landings for the period 1983-1992, most black sea bass were harvested in
federal waters from January through May with peak landings in February (Table 15). In state waters,
landings peaked in May. Coastwide, in state and EEZ waters combined, landings peaked in February with

21 November 1995 33

a ten-year average of 501 thousand pounds.

In 1992, 76% of the total commercial landings of blacksea bass came from three states: Now Jersey
(41 %), Maryland 0 5 %), and Virginia (19 %) (Table 16). Based on a ten year average, Now Jersey and
Virginia were the predominant states accounting for 26% and 24% of the landings, respectively (Table
17).

7.2. DOMESTIC RECREATIONAL FISHERY

Saltwater angling surveys were conducted for the entire Atlantic coast in 1960 (Clark 1962) and 1965
(Deuel and Clark 1968) by the US Fish and Wildlife Service and in 1970 (Deuel 1973) by the National
Marine Fisheries Service. Beginning in 1979 and continuing to present, the NMFS has conducted annual
Marine Recreational Fishing Statistical Surveys (MRFSS). This survey is designed to expand interview data
on catch and angler effort from both on site creel census and telephone surveys to state and regional
levels. The MRFSS distinguishes between fish available for identification and measurement by the
interviewers (Type A), fish used as bait, filleted, or discarded dead (Type 131), and fish released alive (Type
B2). The sum of types A, B1, and 82 comprise the total recreational catch whereas types A and B1
constitute total recreational landings.

The NMFS is in the process of recalculating MRFSS estimates of catch and effort using an improved
ld by
methodology to make estimates more accurate. Revisions to the entire time series should be complete
early 1995. Because only more recent years had been revised at this point, recreational catch estimates
reported in this document are based on the old methodology to maintain comparability between years.
Recreational fishermen caught 8.9 million black sea bass in 1992; they landed approximately 4 million
(Table 18). However, both the recreational catch and landings were below the ten year average values of
11.8 and 7.1 million, respectively. The total weight of recreational landings in 1992, approximately 3.2
million pounds, was also less than the ten year average of 5 million pounds (Table 19).

Substantially more black sea bass were landed in the Mid-Atlantic than in either New England or North
Carolina during each year from 1983 to 1992 (Table 19). In the Mid-Atlantic, the number of black sea
bass landed ranged from a low. of 2.3 million in 1984 to a high of 23.1 million in 1986. During most
years, black sea bass landings in North Carolina exceeded those in all of New England.

Recreational fishermen in the Mid-Atlantic landed more sea bass from the EEZ in 1992, with 63% of all sea
bass landed in the Mid-Atlantic (Table 20). Based on a ten year average, EEZ landings were predominant
in the Mid-Atlantic and North Carolina accounting for 58% and 69% of the landings, respectively.
However, state landings were predominant in the North Atlantic for most years during the period 1983 to
1992.

Recreational fishermen on party or charter boats in the EEZ landed, on average, approximately 2.4 million
black sea bass in the Mid-Atlantic (Table 21). This mode represented the largest portion of the landings by
mode and distance from shore in the Mid-Atlantic and also accounted for most of the black sea bass
landed from Maine to North Carolina, state and federal waters combined. A similar pattern was observed
by weight with most black sea bass, approximately 2.6 million pounds, landed by recreational fishermen in
the Mid-Atlantic using party or charter boats (Table 21).

Anglers in Virginia caught the highest percentage of all black sea bass caught by recreational fishermen
along the Atlantic coast, catching 33% of the total number of black sea bass caught by Atlantic coast
anglers in 1991 (Table 22). The recreational catch in Virginia and two other states, New Jersey and
Maryland, accounted for nearly all of the coastwide recreational catch in 1991. In addition, sea bass
accounted for over 10% of all fish caught by anglers in New Jersey, Delaware and Maryland. Few if any
black sea bass were caught by anglers fishing in states north of Now York.

21 Novwnber 1995 34 11L
I

S. ECONOMIC CHARACTERISTICS OF THE FISHERY

Black sea bass is an important component of the commercial and recreational fisheries from Massachusetts
to North Carolina. The economic characteristics of the commercial and recreational black sea bass fisheries
are described in the following sections. Throughout this description, it is important to note the distinction
between economic value and economic impact.

Economic value is a measure of willingness to pay for a good or service. Ex-vessel value in the commercial
sector is thus a measure of processor and wholesaler willingness to pay for black sea bass in the dockside
market. Likewise, retail value is a measure of final consumer willingness to pay for black sea bass at
supermarkets, seafood shops and restaurants. Economic impact, on the other hand, is a measure of
expenditures made by people engaged in a particular activity, and the employment, income, tax revenues,
etc. which result from these expenditures. Often, it is said that recreational fishermen spend wx' dollars on
gear, boats, travel, etc., and generate "y" amount of employment or "z" dollars in tax revenue.

Clearly, black sea bass are valuable to both recreational anglers and seafood consumers who do not or
cannot fish for themselves. Also, individuals and firms engaged in the commercial harvesting and market-
ing of black sea bass make expenditures and generate employment in the course of business activities, just
as participants in the recreational fishery do. Black sea bass have economic value in both recreational and
commercial uses and black sea bass related activities have economic impact in each use.

When considering the relative benefits of black sea bass to the two sectors, commercial values must be
compared to recreational values and commercial impacts must be compared to recreational impacts.
Unfortunately, recreational values are not easily measured and too often, economic impacts of recreational
fishing are erroneously contrasted with-ex-vessel value in the commercial sector. The reader is cautioned
to avoid this confusion when impact and value estimates are presented in the following sections.

8A. COMMERCIAL FISHERY

As a general rule, commercial fisheries are divided into three different components: harvesting, processing
and marketing.@ Different degrees of specialization and integration within each of these components exists
among different fisheries. That is, many individuals and firms specialize in a single sector, although some
vertically integrated companies span all sectors, and diversified companies are often involved in food
related industries besides seafood. The intent of the following section is to examine each component in
order to better understand the black sea bass fishery.

8.1.1. Harvesting Sector

Ex-vessel value and price

Commercial landings of black sea bass decreased approximately 10% from 3.3 million pounds in 1983 to
3.0 million pounds in 1992 (Table 9). Commercial landings in 1992 were 7% above the 1991 level and
16% below the 1983-1992 mean. The commercial ex-vessel value for black sea bass in 1992 was
approximately $3.2 million (Table 23). The ex-vessel value for commercial landings in 1992 was about
23% higher than in 1983 (Table 23). The value of commercial landings in 1992 indicated a 10% decrease
from the 1991 level and a 13% decrease from the 1983-1992 mean. Adjusted average prices (11992
dollars) for black sea bass increased from $0.85 per pound in 1983 to $1.05 per pound in 1992 and
ranged from $0.85 per pound to $1.32 per pound for the 1983-1992 period (Table 24).

A record high average price (all sizes) for black sea bass occurred in 1989 in both nominal and inflation
adjusted (1992) dollars (Table 24). Price fluctuations were likely associated with supply responses;
generally it was found that higher prices corresponded to significant decreases in landings. On a monthly
basis, the supply-price relationship was also evident. As expected, an inverse relationship between
landings and average ex-vessel prices was found with overall higher prices corresponding to months with
lower landings (Table 25).

21 November 1995 35

The value of black sea bass relative to the value of total landings in 1992 varied for each state from less
than 1 % (Maine, Now Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Virginia and
North Carolina) to about 3.8% of the total value of landings in Delaware (Table 26).

Prices received for black sea bass harvested in state waters were generally higher than for black sea bass
harvested in EEZ waters throughout the year (Table 25). Prices received by fishermen tracked the season-
al supply relationship for black sea bass caught in state waters as well as in EEZ waters. The 1992
coastwide average dxvessel price per pound for jumbo black sea bass was $2.76, $2.33 for large, $1.33
for medium, $0.55 for small, $0.42 for pins, and $1.21 for unclassified (Table 27). Price differentials in
1992 indicate that the exvessel price per pound for large black sea bass was 324% greater than for small,
and 455% greater than for pins.

8.1.1.2. lFishing Vessel Activity

At the present time there is no annual permit requirement for commercial fishing vessels taking black sea
bass within US waters. Without individual logbooks, information on the total number of vessels actually
landing black sea bass (or the extent of dependence on black sea bass) is difficult to assemble. The NMFS
weighout system records can be used to estimate the number of vessels landing black sea bass in covered
states (NC is not included). However, the data do not constitute a complete census. NMFS weighout files
indicate that 465 vessels employing diverse types of gear landed black sea bass in 1992. This statistic
provides a lower boundary for the number of commercial vessels involved in the black see bass commercial
fishery. In 1992, there were about 80-100 vessels that could have participated in the black sea bass
fishery in North Carolina (R. Monaghan pers. comm.). Thus, the number of vessels that could fish for
black sea bass could range from 545 to 565 vessels. It is likely that most of the Vessels that qualify for
black sea bass permits would apply for them in order to maintain flexibility of fishing operations pending
the availability of species, or to maintain eligibility given concerns about a potential limited entry program.

In 1992, 340 otter trawl vessels landed black sea bass that were recorded in NMFS weighout records
(Table 28). Black sea bass represented 2% of the total pounds landed and 4% of the total exvessel value
of all otter trawl trips harvesting 100 pounds or more of black sea bass in 1992 (Table 29). The top ten
species (by weight) contributed 89% and 90% respectively, of the total pounds and the total value of the
harvest of otter trawl vessels landing 100 pounds or more of black sea bass. When considering the value
per pound of these species (obtained by dividing total value by total pounds) black sea bass had the third
largest exvessel value per pound.

Based on trips landing more than 100 pounds of black sea bass, the average ex-vessel black sea bass
value per trip was $805 (obtained by dividing ex-vessel value by number of trips in 1992). Otter trawl
vessels which land black sea bass also harvest other species throughout the year. This activity *categorizes
this type of fishery as a mixed fishery, where squid, summer flounder, scup, silver hake, angler and other
species are harvested on the basis of availability lopportunistic fishery), or land black sea bass as a
bycatch from the involvement in other directed fisheries.

In 1992, black sea bass represented 0.2% of Atlantic coast total commercial landings, and 0.3% of the
total value (Table 26). Black see bass ex-vessel value was highest in New Jersey ($974,000), followed by
Virginia ($705,000), Maryland ($429,000), and North Carolina ($385,000). However, when black sea
bass value is compared to the total value of all species landed in each State, one finds that black sea bass
was most important to Delaware, at 3.8% of the total commercial revenue, followed by Maryland (1.2%)
and New Jersey (11.0%). Delaware, Maryland and New Jersey accounted for 63% of all black sea bass
harvested in 1992 (Table 26).

Activities at the port level indicate that 70% of all black sea bass commercial landings occurred in five
ports: Cape May, New Jersey; Hampton Roads, Virginia; Ocean City, Maryland; Montauk, New York; and
Point Judith, Rhode Island. The degree of port reliance on black sea bass is low throughout the region.
Black sea bass landed value as a percent of total port landed value was: 2.02% for Cape May; 1.66% for
Hampton Roads; 4.69% for Ocean City; 0.62% for Montauk; and 0.35% for Point Judith (Finlayson and
McCay 1994) .

21 November 1995 36

8. 1 .1.3. Fishing Costs

Vessel costs are composed of ownership costs and operating costs. Ownership costs are incurred once
the durable goods are purchased. These are added costs whether or not the assets (equipment/materials)
are used in the production process, that is they remain constant regardless of the output level. Ownership
costs are frequently referred to as "fixed costs." They include depreciation, debt, insurance, routine
maintenance, and insurance, among others. Operating costs are incurred when the production process
occurs. These costi are commonly known as *variable costs.0 They include fuel, oil, maintenance, wages,
food, sale and unloading fees, among others.

Vessel variable costs are proportionate to the hours traveling and fishing (operating maintenance, fuel, ice)
and the quantity of fish landed (wages, sales and unloading fees, ice). Costs vary in different locations
and the cost components have changed over the years. Due to the variation in vessels landing black sea
bass (home port, tonnage class, directed fishery, etc.), exact cost information is difficult to obtain and
generally applicable only to a hypothetical 6average' vessel.

Wages are almost always in the form of a share or ulayo system. The captain, crew, and vessel owner
split the net revenue based on a predetermined, set ratio. Ratios are in many instances set according to
what is traditional in that port. The particular ratio of the lay system utilized varies between vessels.
Often certain expenses such as fuel, ice and in some cases food are deducted from the gross revenues
with the remainder divided about 60-40 between the vessel owner and the captain and crew (A. Kitts pers.
comm.). When one or the other of the parties is responsible for additional costs, the share split normally
reflects this.

Fuel costs vary among ports. As of May 1994, diesel fuel costs for selected ports in the Mid and North
Atlantic ranged from about $.60 per gallon to $ 1.10 per gallon, with an average of $35 per gallon (A.
Kitts pers. comm.). Total vessel fuel costs are directly proportional to the amount of time spent steaming
and fishing as well as the size and drag of the fishing gear used.

Ice costs also vary among ports. On a per-ton basis, ice costs $50 in Boston, MA; $35 in Gloucester, MA;
$75 in Montauk, NY; and $40 in Cape May, NJ. Typically ice costs will range from $40 to $70 coastwide
(A. Kitts pers. comm.). Ice costs are related to the amount of fish expected to be caught, the expected
trip length, and the type and size of storage system utilized on board.

Variable maintenance costs are related to the number of hours the engines, fishing gear, etc. are used and
the weather conditions. Much of the minor repair work is conducted by crew members and, on larger
vessels, by an engineer. Since these crew members perform this labor as part of their normal
responsibilities, there is no added labor cost (Crutchfield 1986). However, most major engine, electronics,
and gear repairs are contracted to specialists.

Selling costs consist of lumpers (unloaders) fees, transportation costs, etc. Lumpers fees are variable
among ports. In Point Judith, RI the cost is $6 per 1,000 lbs (McCauley pers. comm.), $3 per 1,000 in
Cape May, NJ (C. Bergman pers. comm.) and $5 per 1,000 lbs in Newport, RI (A. Kitts pers. comm.). In
Montauk (NY) lumpers fees are not applicable, since the fish are boxed at sea (A. Kitts pers. comm.). The
market charges $.10 per pound for unloading and packaging in Cape May, with transportation charges
between $.06 to $.07 per pound (C. Bergman pers. comm.). In Point Judith unloading charges will depend
on the value of the fish unloaded. Costs associated with washing, sorting, and packing black sea bass in a
carton with ice (including labor) are between $.08 to $.10 per pound. Transportation charges range from
$.05 and $.07 per pound Q. McCauley pers. comm.).

The New England full-time otter trawl fleet increased 66% between 1976 and 1985, while per-vessel
deflated gross revenue decreased 20% Kurkul and Terrill 1986). This appears to be a result of decreased
landings per vessel rather than increased expenses.

Fishing costs for pound nets, fish traps, and hand line operations are much less than costs for otter
trawlers (Norton et a/. 1983). There are no studies addressing black sea bass fishing costs by type of

21 November 1995 37

gear. Fishing costs of commercial striped bass harvesters using fish traps and hook and line gear were
developed by Norton et */. (1983). The design of floating traps allows for the harvesting of species such as
scup, butterfish, squid and fluke. Fish trap fishermen typically use 70 ft vessels with major expenditures
for wages (41 %) followed by nets (15%) and taxes 0 4%). Hook and line fishermen typically use a small
boat (17 ft average), have major expenses of wages (35%), fuel (16%), and tackle 0 6%) (Norton et al.
1983).

Estimates of vessel'costs based on sea sampling data of otter trawl vessels landing mackerel from Maine
to Virginia were developed by Walden (1993). In Walden's study, costs were broken down into trip costs
or variable costs (fuel, ice and food, etc.) and yearly costs or fixed costs (insurance, engine and gear
repair, electronic equipment expenses, etc.). Labor costs were not included in the analysis because labor
is generally paid as a percentage of the total revenue after certain expenses are subtracted. Table 30
summarizes estimated average cost data for otter trawlers that operated in the mackerel fishery developed
in Walden's study. Otter trawl vessels involved in the squid and black sea bass fishery may generally have
similar equipment to the otter trawl vessels in the mackerel fishery. The cost data results developed by
Walden might be used to an extent when analyzing cost data for otter trawl vessels in the black sea bass
fishery. Vessels that participate in mixed fisheries have their fixed costs distributed over various activities.
Utilization of such fixed costs to evaluate the financial performance of a vessel in only one fishery would
yield inappropriate results.

An analysis by Buss and Kitts 0 994) utilized three data sources (Capital Construction Fund files, Northeast
Fisheries Science Center Weighout Files and Northeast Fisheries Science Center Master Vessel Files) to
compile a data base containing information regarding revenues, landings, and expenditures for vessels
operating in the US Northeast Atlantic coast for the period 1983-1992. Preliminary results from Buss and
Kitts' 0 994) work indicated that costs as a percent of total gross revenues (from tax return files) for
trawlers in the following categories were: trip costs (fuel, oil, ice, water, food, etc.) 18.3%; other variable
operating expenses (gear, supplies, freight, payment to lumpers, auction fee, etc.) 5.9%; indivisible
operating expenses (insurance, licenses and permits, office expenses, taxes (not income), utilities
(telephone), etc.) 16.8%; insurance cost 7.7%; crew share 36.9%; salary (payment to officers) 6.2%; and
employee benefits 6%. Since expenses are recorded by individuals differently in tax forms, missing
information was treated as missing values, therefore the above percentages do not add up to 100. The
economic interpretations of the data provided by Buss and Kitts have limitations. Two significant
drawbacks are: 1) data are based on tax returns and techniques dealing with different aspects of the return
can vary significantly from one return to the next and 2) the data set does not fully represent the
population of Northeast fishing vessels and results in the analysis are probably more applicable to more
profitable vessels or whighliners" (Buss and Kitts 1994).

8.1.2. Processing Sector, Marketing and Consumption

Most black sea bass are sold fresh (R. Boragine and R. Ross pers. Comm.). The catch is generally
refrigerated or iced during long trips and might or might not be iced during short trips. When the catch
arrives at the dock, it is sorted, washed, weighed, and boxed and iced for shipment. Black sea bass might
be frozen for future marketing when demand is low or when the market is glutted. When black sea bass is
frozen, processing is minimal, mainly consisting of handling and freezing. Boxes containing black sea bass
for shipment typically weigh 100 pounds, however, higher value black sea bass may be boxed in 60 pound
cartons (J. McCauley pers. comm.).

Black sea bass are generally transported to market by truck. Black sea bass is carried as a specialty item
in the Fulton Fish Market in New York City, with supplies peaking during the spring and fall months, then
decreasing during the summer and reaching yearly lows during the winter months (Finlayson and McCay
1994).

Finlayson and McCay (1994) reported that "black sea bass dealers in the Fulton Market would pay and
charge the highest prices for hook and line-caught fish, somewhat less for pot-caught fish, and the least
for dragger-caught fish.0 This price differential appears to be associated with the quality and appearance
of the product.

21 November 1995 38

The greatest proportion of small black sea bass go to dealers in Philadelphia, Washington, Baltimore and
points south (Finlayson and McCoy 1994).

8.1.3. Economic Impact of the Commercial Fishery

The economic impact of the commercial black sea bass fishery as it relates to employment and wages is
difficult to determine given the nature of the fishery. Since, black sea bass represents 0.2% of the total
landings and 0.3% 6f the total value of all finfish and shellfish from North Carolina to Maine, it can be
assumed that only a small amount of the region's fishing vessel employment, wages and sales is depen-
dent on black sea bass.

8.2. RECREATIONAL FISHERY

Recreational fishing contributes to the general well being of participants by affording them opportunities for
relaxation, experiencing nature, and socializing with friends. The potential to catch and ultimately
consume fish is an integral part of the recreational experience, thoughstudies have shown that non-catch
related aspects of the experience are often as highly regarded by anglers as the number and size of fish
caught. Since equipment purchase and travel related expenditures by marine recreational anglers have a
profound affect on local economies, the maintenance of healthy fish stocks and development of access
sites is as important to fishery managers as the status of commercial fisheries.

8.2.1. Recreational Fishing Activity

The participation of black sea bass anglers by region and mode indicates that from 1983 to 1992, 68% of
black sea bass (by number) were caught from party or charter vessels (Table 21). Anglers expenditures in
the party boat industry will benefit the party boat industry as well as other businesses in the coastal
communities.

In addition to party and charter vessels, 3% of black sea bass were caught from shore, and 29% from
private/rental boats (Table 21). Ownership of a private vessel involves sizable investment and maintenance
costs,. thus contributing greatly to measures of economic impact. Private vessels are also used for non-fi-
shing purposes, however, and are used to fish for many different species. Expenditure and cost data must
be prorated for black sea bass trips to account for multipurpose use.

At the present time, annual permit requirements for party and charter boats (vessels for hire) which take
anglers to fish for black sea bass within the US EEZ do not exist. Without individual logbooks, the total
number of party and charter vessels actually directing trips on scup is difficul t to determine.

In 1985, a total of 454 party and 1,626 charter boats operated out of Atlantic coast ports from Maine
through North Carolina (Table 31). These vessels generated revenues of $101 million in 1985. Estimates
of party and charter boat trips directed at black sea bass are lacking for specific regions along the coast.

In 1993, a random sample of 821 New Jersey marine recreational fishermen (regardless of mode) indicated
that black sea bass was targeted by 3% of the recreational fishermen (B. Brown pers. comm.). Strand et
a/ 0 991) estimated that in the latter half of the eighties, black sea bass was the second most popular
bottomfish targeted by anglers intercepted in Now Jersey.

The National Marine Fisheries Service estimated that in 1991, a total of 15,903,000 trips were taken by
marine recreational anglers in the Mid-Atlantic region (USDC 1992). Intercept surveys show that 1.85% of
the anglers interviewed indicated that they preferred or sought black sea bass as the primary species
targeted in the Mid-Atlantic. That is, an estimated 294,206 angler trips (all modes) were nominally direct-
ed at black sea bass in the Mid-Atlantic region in 1991.

8.2.2. Economic Impact of the Recreational Fishery

In 1985, direct sales related to marine recreational fishing for all species from North Carolina to Maine

21 November 1995 39

amounted to over $1.8 billion. Angler purchases or expenditures generate and sustain employment and
personal income in the production and marketing of goods and services bought. These sales and services
required an estimated 30 thousand person-years of labor and generated wages of $370 million (SFI 1988)
These estimates correspond to all marine recreational fishing and help to illustrate the relative importance
of the recreational fishery. Unfortunately, estimates of the economic activity specifically associated with
black sea bass were not provided separately, but were combined With other species. Furthermore, the fact
that fishermen may target more than one species or may incidentally encounter other fish creates difficulty
when addressing the direct economic impact associatedwith a single species.

8.2.3. Value of Black Sea Bass to Anglers

Estimates of aggregate economic value for black sea bass are not currently available. The value that
anglers place on the recreational fishing experience can be divided into actual expenditures and non-
monetary benefits associated with satisfaction (consumer surplus). Anglers incur expenses for fish
Jpurchase of gear, bait, boats, fuel, etc.), but do not pay for the fish they catch or retain nor for the
enjoyment of many other attributes of the fishing experience (socializing with friends, contact with nature,
etc.). Despite the obvious value of these fish and other attributes of the experience to anglers, no direct
expenditures are made for them, hence the term unon-monetary" benefits.

A demand curve for recreational fishing trips for black sea bass is not available. The demand for
recreational fishing trips would be determined by travel expenditures, catch rates, costs of equipment and
supplies, accessibility of fishing sites, social experience, weather and a variety of other factors affecting
angler enjoyment. A decrease in the catch rate or retention rate holding all other factors constant (e.g
weather, travel costs, etc.) would move the demand curve to the left. On the other hand, an increase in
the catch or retention rate (assuming everything else constant) would shift the demand curve to the right.
Each move will have an associated decrease, increase in angler expenditures and total benefits,
respectively.

Economic estimates of total expenditures made for fishing are useful for economic impact analysis. In
order to estimate the total -value (willingness to pay) of black sea bass, an estimate of the marginal value
per trip would be required. However, as already mentioned above, in the case of black sea bass, as with
many recreational sought species, an aggregate demand curve is not available.

Estimates of the value of a recreational fishing day for salt water angling have been made in several
studies. A recent study by Strand et ah 0 991) provides information about marine recreational fishing in
the Middle and South Atlantic. Table 32 presents estimated total cost (travel and services) or estimated
value for arecreational fishing day for selected states. The range of average values were $36.00 to
$137.00 for party vessels, $59.88 to $222.81 for charter vessels and $40.33 to $53.03 for private
vessels.

Other studies have estimated the value of a recreational fishing day for saltwater angling along the Atlantic
coast. Value per trip for marine recreational fishing for nine sites in Delaware was estimated by Rockland
0 983). The travel cost method with a variety of estimation approaches was employed. On average, the
values for boat fishing sites ranged from $20.58 to $39.90 per day, while the range for shore fishing was
$37.47 to $62.53 per day. Norton et a/. 0 983) estimated $39 to $169 per day in a study of the
recreational striped bass fishery on the Atlantic coast. Bell et a/. (1982) estimated values from $18.97 to
$57.99 per day for all marine species in the state of Florida. It is important to note that the average cost
of a black sea bass trip or fishing day is not equivalent to the marginal value of a recreationally caught
black sea bass. Attributes of a recreational fishing day other than catching fish are valued by anglers, so
all expenditures are not dependent on black sea bass. The marginal value of black sea bass catch must be
estimated, and as with any normal good, marginal value declines with increasing quantity.

An estimate of the total expenditures made fishing for black sea bass can be made by multiplying the
number of trips taken by an estimate of average cost per day. However, it is not possible to address the
non-monetary benefit derived from fishing without more sophisticated statistical techniques enabling an
estimate of the marginal value per trip.

21 November 1995 40

The National Marine Fisheries Service recognizes the importance of the proper valuation of fish stock
resources by commercial and recreational fisheries. Currently, a survey is being conducted to collect socio-
economic data on the people who participate in marine recreational fishing in the Northeast region, which
will in turn be employed to estimate statistical models of the demand for marine recreational fishing for
eight important recreational species (bluefish, striped bass, summer flounder, Atlantic cod, black sea bass,
tautoo, scup, and weakfish) JR. Roo pers. comm.).
8*.2.4. 1990 Survey of Charter and Party Boats

The charter and party boat industry is important in several states in the management unit of this FMP. On
average for the 1983-1992 period, 68% of the black sea bass (in numbers) landed by anglers off the
Atlantic coast were caught from party or charter boats (Table 21).

To provide additional information on this segment of the industry, the Council conducted a survey of
charter and party boat owners in the summer of 1990 with the purpose of acquiring information in support
of management efforts for the summer flounder, scup, and black sea bass fisheries. A mailing list was
compiled from the NMFS vessel permit files, including all vessels which indicated they were involved in
party and charter activities (permit Category 2). The list included 402 vessels.

Consultation with Council members yielded concerns that a number of vessels did not hold Federal permits,
and would not be included in the survey. Representatives from New Jersey, New York, and Virginia
supplied the Council with lists supplementing the NMFS permit files, and an additional 190 questionnaires
were mailed.

A total of 592 surveys were sent out to 13 east coast states (Table 33). Massachusetts, New Jersey, New
York, and Virginia were most heavily represented, together accounting for 80% of survey mailings.

A total of 202 surveys were returned to the Council, 172 of which were usable. The 30 returns which
could not be used were inappropriate mailings that fell into the following general categories: did not
charter/fish in 1989; private boat, not for hire; dive boat, primarily after lobsters; returned as undeliverable
by Post Office; or sold boat. Usable returns equaled 29% of total mailings, with the percentage ranging
from approximately 20% - 50% for individual states.

Some of the analyses conducted on the survey divided the responses into "Party boat' versus "Charter
boat" categories. Typically, charter vessels are thought of as hiring out for a day's fishing to a small
number of individuals at a cost of over $100 per person. They provide a high level of personal attention to
the passengers and will make special efforts to find the particular species of interest to their clients.

"Party boats" are generally larger vessels which run on a fixed schedule and carry from 10 to 100
passengers, averaging around 20. They offer fewer options and less attention to passengers, yet charge
much lower fares than charter boats (in the $20 - $40 range).

In order to have the ability to differentiate between these two groups, the data were partitioned based on
the reported number of passengers each vessel could carry. Examination of the data showed a logical
division between those vessels which reported carrying 8 or fewer passengers, and those able to carry
more than 8. The average fee charged per person dropped significantly for those vessels carrying more
than 8 passengers. For purposes of this analysis, then, *charter boats" are defined as those boats carrying
8 or fewer passengers, and uparty boats" those which may carry 9 and above. It is recognized that
charter boats are generally licensed for six passengers and, in fact, responses to another question indicated
that the average charter boat carried 6 passengers (SD - 0.4), while the average party boat carried 53
(SD = 32), so it is quite likely that the respondents which indicated they owned a charter boat that carded
eight people were including the captain and mate whereas in the subsequent question they were referring
to the six paying passengers.

The first question on the survey attempted to gauge the interest or demand which party and charter boat
customers exhibited for common species (or species groups). Given a five point scale, owners were asked

21 November 1995 41

to rank each species as being: I = Low, 2 = Somewhat Low, 3 = Moderate, 4 = Somewhat High, or 5
High in interest to their customers. Calculating mean values of responses allows comparison of the
different species using a single number for each.

Spot ranked as the most desirable fish for party boats (mean interest = 4.7), illustrating its importance to
the well-represented boats of Virginia (Table 34). It was followed by bluefish (4.6), then summer flounder
(3.6), Atlantic mackerel (3.5), and striped bass (3.5). The top four fish which party boats reported catch-
ing were: bluefish (4.0), Atlantic mackerel (3-5), spot (3.4), and black sea bass (2-9).

For party boats, summer flounder ranked as the fish anglers were least successful in catching (mean
success = 1.5). It was followed by weakfish and striped bass (1.7), and sharks (other than dogfish) (1.9).

An additional perspective can be gained on the situation by creating what might be termed a "frustration
index,w or simply the difference between fishermen's interest in catching a particular species and their
success in doing so. Summer flounder stands out by having the largest difference between interest and
success values for party boat fishermen (2. 1 ), followed by striped bass and weakfish. Black sea bass
showed one of the smallest differences between interest and success value for party boat fishermen (0.3).

Charter boat owners reported a preference ordering similar to that of party boats for their customers, with
the exception that large pelagics took the second ranked spot along with bluefish (Table 34). The top five
species were: spot (4.6), large pelagics (3.9), bluefish (3.9), striped bass (3.7), and summer flounder (3.2).
The preference for black sea bass for charter boat owners was 2. 1.

In 1989, the average party boat customer traveled 67 miles, with a standard deviation (SD) of 43 miles.
The farthest party boat customer traveled 695 miles (SD = 1, 125 mi.). In 1989, the average charter boat
customer traveled 123 miles (SO = 194 mi.). The farthest charter boat customer traveled 727 miles (SD
914 mi.).

Charter boat respondents indicated that 38% of their customers were more interested in a particular
species, 15% were more interested in fishing enjoyment, and 46% were about equally interested in each.
For partyboats, the responses were 43% for a particular species, 12% for the fishing experience, and
45% equall y for each.

For charter boats, 89% of the respondents were both owner and operator (7% just owner, 5% just
captain). The party boat responses were 94% owner and captain, 2% just owner, and 4% just captain.
Only 14% of the charter boats were used year round (86% seasonally), while 18% of the party boats
were used year round (82% seasonally). The average charter boat carried 6 passengers (SD = 0.4), while
the average party boat carried 53 (SD = 32).

Thirty six percent of the charter boat respondents indicated that they fished commercially in 1989, with
91 % of those fishing commercially from the charter boat and 9% from another boat. For party boats,
26% of the respondents indicated they had fished commercially in 1989, with 69% of those fishing
commercially from the party boat and 31 % from another boat.

On a scale of 1 (almost none) to 5 (almost all), respondents were asked what part of their personal
earnings in 1989 came from party and charter boat fishing, commercial fishing, or other. sources. For
charter boat respondents the mean answers were: charter or party boat fishing, 2.2; commercial fishing
1.5; and other sources, 4.0. For party boat respondents the mean answers were: charter or party boat
fishing, 3.2; commercial fishing 1.3; and other sources, 2.4.

Respondents were also asked what their perception of fishing success was for 1989 and what they
thought their customers' perceptions of 1989 fishing success was. Ranking was on a scale of 1 (good)
through 3 (bad). For charter boats, the operators reported a mean of 2.1 (SD = 0.7) for their own view
and 1.9 (SD = 0.7) for their customers. For party boat operators, their own perception was 2.2 (SD
0.6), while they thought their customers would rate the season at 2.0 (SD = 0.6).

21 Nownber 1995 42

The survey included a series of questions to determine how the respondents felt business was in 1989
compared to 1985. Both charter and party boats made slightly fewer trips in 1989 compared to 1985
(Table 35). The days per trip and/or trips per day were essentially unchanged. They operated fewer days
per week, on average, and carried slightly fewer customers. The average price per trip increased from
$121.80 to $149.50 for charter boats and $26.20 to $29.20 for party boats. The average number of fish
taken per customer for charter boats fell from 10.9 to 8.3 for charter boats and from 15.2 to 9.9 for party
boats between 1985 and 1989. The number of crew members stayed relatively constant. The average
cost per trip rose from $96.10 to $131.10 for charter boats and from $113.30 to $146-60 for party boats
during the period.

8.3. INTERNATIONAL TRADE

Black sea bass occur primarily on the continental shelf of the north-west Atlantic, and there are no imports
of this species into the US. International trade of black sea bass is relatively limited. In 1991 about 6,000
pounds valued at $14,377 were exported to Mexico, and in 1992 about 5,000 pounds valued at $11,766
were exported to Mexico, the Netherlands and Switzerland (R. Ross pers. comm.). These figures represent
minimum export values. Given the export classification codes employed by the NMFS, it is possible that
some black sea bass were exported under the "unclassifiedw species category.

9. FISHERY MANAGEMENT PROGRAM

9. 1. MEASURES TO ATTAIN MANAGEMENT OBJECTIVES

9.1.1. Specification of OY, DAH, DAP, JVP, TALFF, Overfishing Definition, and Fishing Mortality Rate
Reduction Strategy

Section 303(a)(3) of the MFCMA requires that FMPs assess and specify the OY from the fishery and
include a summary of the information utilized in making such specification. OY is to be based on MSY, or
on MSY as it may be adjusted for social, economic, or ecological reasons. The most important limitation on
the specification of OY is that the choice of OY and the conservation and management measures proposed
to achieve it must prevent overfishing.

OY is all black sea bass harvested pursuant to this FMP. OY cannot be specified as a quantity because it
will change as the fishing mortality rate target varies and is dependent on the level of recruitment.

The Council has concluded that US vessels have the capacity to, and will, harvest the OY on an annual
basis, so DAH equals OY. The Council has also concluded that US fish processors, on an annual basis, will
process that portion of the OY that will be harvested by US commercial fishing vessels, so DAP equals
DAH and JVP equals zero. Since US fishing vessels have the capacity and intent to harvest the entire OY,
there is no portion of the OY that can be made available for foreign fishing, so TALFF also equals zero.

Overfishing for black sea bass is defined as fishing in excess of the F.. level. F,.. is a biological reference
point that corresponds to the level of fishing mortality (F) that produces the maximum yield per recruit.
Based on current conditions in the fishery, F,. is 0.29.

Stock assessment information indicates that black sea bass stocks are overfished. Results of a virtual
population analysis indicate that the current fishing mortality rates (F) is 1.05 (an annual exploitation rate
of 60%).

The Council and the ASMFC Management Board approved a recovery strategy that reduces overfishing on
black sea bass over an 8 year time frame. The recovery strategy calls for minimum fish sizes and
commercial gear regulations in year I and 2. In years 3 to 5, target exploitation rates would be 48% for
black sea bass. In years 6 and 7, the target exploitation rates would be 37% and in year 8 and
subsequent years, the target exploitation rate would be based on I.. Based on current conditions in the
fishery, F.,. is 0.29 and the associated exploitation rate is 23%. The recovery schedule is as follows:

21 November 1995 43

Ex2loitation Rates
Current 60%
Year 3 48%
Year.6 37%
Year 8 23%

9.1.2 Specification of Adopted Management Measures

9.1.2.1. Permits and fees

9.1.2.1.1. Vessel permits and fees

9.1.2.1.1.1. General

Any owner of a vessel desiring to fish for black sea bass within the US EEZ for sale, or transport or deliver
for sale, any black sea bass taken within the EEZ, must obtain a moratorium permit from NMFS for that
purpose. The vessel must meet the criteria set forth in 9.1-2.1.1.2 in order to qualify for the moratorium
permit.

The owner of a party and charter boat (vessel for hire) must obtain a party or charter boat permit.

A recreational vessel, other than a party or charter boat (vessel for hire), is exempt from the permitting
requirement if it catches no more than the recreational possession limit, multiplied by the number of
persons on board, of black sea bass per trip. I I
A party or charter boat may have both a party or charter boat permit and a commercial moratorium permit
to catch and sell if the vessel meets the commercial vessel qualification requirements set forth in
9.1.2-1.1.2. However, such a vessel may not fish under the commercial rules if it is carrying passengers
for a fee. When a party or charter boat is operating as a commercial vessel, the crew size must not be
more than 5 when it is operating as a party boat and not more than 3 when it is operating as a charter
boat.

9.1.2-1.1.2. Moratorium on entry to the commercial fishery

There will be a moratorium on entry of additional commercial vessels into the black sea bass fishery in the
EEZ. Each State is encouraged to adopt complementary moratorium measures for those participating in the
commercial fishery. Vessels with documented landings of black sea bass for sale between 26 January
1988 and 26 January 1993 qualify for a moratorium permit to land and sell black sea bass under this
moratorium program. Under the moratorium, vessels and moratorium permits together may be bought and
sold with the approval of the Regional Director. Vessels that involuntarily leave the fishery (for example,
vessels that were sunk or burnt) may be replaced with vessels of the same Gross Registered Tonnage
(GRT) and overall registered length as the vessel being replaced. Commercial vessels that are judged
unseaworthy by the Coast Guard for reasons other than lack of maintenance may be replaced by a vessel
with the same GRT and vessel registered length. Permits may not be combined to create larger
replacement vessels. The moratorium may be terminated or replaced at any time by FMP amendment
establishing an alternative limited entry system,

A vessel is eligible for a moratorium permit if it meets any of the following criteria:

1. The owner or operator of the vessel landed and sold black sea bass in the management unit for black
sea bass between 26 January 1988 and 26 January 1993; or

2. The vessel was under construction for, or was being rerigged for, use in the directed fishery for black
sea bass on 26 January 1993 and provided the vessel has landed black sea bass for sale prior to
implementation of this Amendment. For the purpose of this paragraph, Ounder constructiona means that
the keel has been laid, and "being rerigged" means physical alteration of the vessel or its gear had begun

21 November 1995 44

to transform the vessel into one capable of fishing commercially for black sea bass; or

3. The vessel is replacing a vessel of substantially similar harvesting capacity which involuntarily left the
black sea bass fishery during the moratorium, and both the entering and replaced vessels are owned by the
same person. "Substantially similar harvesting capacitya means the same GRT and vessel registered length
for commercial vessels.

4. Vessels that are judged unseaworthy by the Coast Guard for reasons other than lack of maintenance
may be replaced by a vessel with the same GRT and vessel registered length for commercial vessels.

Eligibility must be established during the first year of the FMP. In other words, the moratorium permit may
not be applied for more than twelve months following the effective date of the final regulations or if a
vessel is retired from the fishery. This does not affect annual permit renewals.

Vessel permits issued to vessels that involuntarily leave the fishery may not be combined to create larger
replacement vessels.

Applicants for moratorium permits shall provide i nformation with the application sufficient for the Regional
Director to determine if the vessel meets the eligibility requirements. Sales receipts or dealer weighout
forms signed by the dealer and, for condition 3, a notarized statement from marine architects or surveyors
or shipyard officials will be considered acceptable forms of proof.

9.1.2.1.1.3. Permit application

The owner or operator of a qualified US vessel may obtain the appropriate Federal permit by furnishing on
the form provided by NMFS information specifying, at least, the names and addresses of the vessel owner,
the name of the vessel, official Coast Guard number, directed fishery or fisheries, gear type or types
utilized to take black sea bass, gross tonnage of vessel, the permit number of any current or previous
fishery permit issued to the vessel, radio call sign, registered length of the vessel, engine horsepower, year
the vessel was built, type of construction, type of propulsion, navigational aids (e.g., Loran Q, type of
echo sounder, type of computer, crew size including captain, fish hold capacity (to the nearest 100 lbs),
quantity of black sea bass legally landed during the year prior to the one for which the permit is being
applied (documented by sales records), principal State of landing, the home port of the vessel, and number
of passengers the vessel may carry (for party and charter boats). Operators of commercial vessels must
also supply information required to establish that the vessels qualify for a permit pursuant to the moratori-
um. The Regional Director will notify the applicant of any deficiency in the application. If the applicant fails
to correct the deficiency within 15 days following the date of notification, the application will be
considered abandoned.

Applicants for a permit under this FMP must agree, as a condition of issuance of the permit, to fish in
accordance with Federal rules whether they are fishing in the EEZ or State waters.

Permits expire: (1) when the owner or operator retires the vessel from the fishery, or (2) on 31 December
of each year, or (3) when the ownership of the vessel changes; however, the Regional Director may
authorize continuation of a vessel permit for the black sea bass fishery if the new owner so requests.
Applications for continuation of a permit must be addressed to the Regional Director.

The permit must be carried, at all times, on board the vessel for which it is issued, and must be maintained
in legible condition. The permit, the vessel, its gear and catch shall be subject to inspection upon request
by any authorized official.

21 November 1995 45

and supervision at both the NIVIFS regional and headquarters levels), computer costs for creating and
-,maintaining permit files (prorated capital costs, time share and expendable supplies), cost of forms and
mailers (purchase, preparation, printing and reproduction), and postage costs for application forms and
permits.

9.1.2.1.2. Dealer permits and fees

Any dealer of black *sea bass must have a permit. A dealer of black sea bass is defined as a person or firm
that receives black sea bass for a commercial purpose from the owner or operator or a vessel issued a
moratorium permit pursuant to this FMP for other than transport.

An applicant must apply for a dealer permit in writing to the Regional Director. The application must be
signed by the applicant and submitted to the Regional Director at least 30 days before the date upon which
the applicant desires to have the permit made effective. Applications must contain the name, principal
place of business, mailing address and telephone number of the applicant. The Regional Director will notify
the applicant of any deficiency in the application. If the applicant fails to correct the deficiency within 15
days following the date of notification, the application will be considered abandoned. Except as provided in
Subpart D of 15 CFR Part 904, the Regional Director will issue a permit within 30 days of the receipt of a
completed application.

A permit expires on 31 December of each year or if the ownership or the dealer changes. Any permit
issued under this section remains valid until it expires, is suspended, is revoked, or ownership changes.
Any permit which is altered, erased, or mutilated is invalid. The Regional Director may issue replacement
permits. Any application for a replacement permit shall be considered a new permit.

A permit is not transferable or assignable. It is valid only for the dealer to whom it is issued.

The permit must be displayed for inspection upon request by an authorized officer or any employee of
NMFS designated by the Regional Director.

The Regional Director may suspend, revoke, or modify, any permit issued or sought under this section.
Procedures governing permit sanctions or denials are found at Subpart D of 15 CFR Part 904. The Regional
Director may, after publication of a notice in the Federal Register, charge a permit fee. Within 15 days after
the change in the information contained in an application submitted under this section, the dealer issued
the permit must report the change in writing to the Regional Director.
The Regional Director shall recognize State dealer permits in I:Ieu of Federal dealer permits if the permits
contain the necessary information and are forwarded to the Regional Director by the appropriate State.

9.1.2.1.3 Operator permit and fees

An operator of a vessel with permit issued pursuant to this FIVIP (either a moratorium permit or a
party/charter boat permit) must have an Operator's Permit issued by NIVIFS. Any vessel fishing
commercially for black sea bass under a moratorium permit or recreationally with a party/charter boat
permit must have on board at least one operator who holds a permit. That operator may be held
accountable for violations of the fishing regulations and may be subject to a permit sanction. During the
permit sanction period, the individual operator may not work in any capacity aboard a federally permitted
fishing vessel.

The permit program has the following requirements:

1. Any operator of a vessel fishing for black see bass must have an operator's permit issued by the NIVIFS
Regional Director.

2. An operator is defined as the master or other individual on board a vessel who is in charge of that vessel
fsee 50 CFR 620.2).

21 November 1995 46

3. The operator is required to submit an application, supplied by the Regional Director, for an operator's
Permit. The permit will be issued for a period of up to three years.

4. The applicant would provide his/her name, mailing address, telephone number, date of birth and
physical characteristics fheight, weight, hair and eye color, etc.) on the application, and would be
requested to provide his/her social security number. In addition to this information, the applicant must
provide two passport-size color photos.

5. The permit is not transferable.

6. Permit holders would be required to carry their permit aboard the fishing vessel during fishing and off-
loading operations and must have it available for inspection upon request by an authorized officer.

7. The Regional Director may, after publication in the Federal Register, charge a permit fee.

9.1.2.2. Mack Sea Bass FMP Monitoring Committee

The Black Sea Bass Monitoring Committee will be made up of staff representatives of the Mid-Atlantic,
New England, and South Atlantic Fishery Management Councils, the Northeast Regional Office, the
Northeast Fisheries Center, and ASMFC representatives. The MAFMC Executive Director or his designee
will chair the Committee.

The Black Sea Bass Monitoring Committee will annually review the best available data including, but not
limited to, commercial and recreational catch/landing statistics, current estimates of fishing mortality, stock
status, the most recent estimates of recruitment, VPA results, target mortality levels, beneficial impacts of
size/mesh regulations, as well as the level of noncompliance by fishermen or states and recommend to the
Council Committee and ASMFC Interstate Fishery Management Program (ISFMP) Policy Board commercial
(annual quota, minimum fish size, and minimum mesh size) and recreational (possession and size limits and
seasonal closures) measures designed to assure that the target mortality level on black sea bass is not
exceeded (as specified in section 9. 1. 1.). The Committee will also review state regulatory programs for
consistency with the FMP. The Committee will also review the gear used to catch black sea bass to
determine whether additional gears need to be regulated to help assure attainment of the fishing mortality
rate target and propose such regulations as appropriate. The Council and ASMFC will receive the report of
the Committee and make its recommendations to the Regional Director. The Regional Director will receive
the report of the Council and ASMFC and publish his report in the Federal Register for public comment by
the date specified in the regulations which provide States sufficient time to implement quotas and other
management measures. Following the review period, the Regional Director will set the final quota and other
management measure adjustments for the year.

In summary, the steps from the Monitoring Committee for action by the Regional Director are:

1. The Monitoring Committee reviews the data and makes its recommendations to the Demersal Species
Committee and ASMFC Management Board.

2. The Demersal Species Committee and ASMFC Management Board consider the recommendations of the
Monitoring Committee and makes their recommendations to the Council and ASMFC.

3. The Council and ASMFC consider the recommendations of the Demersal Species Committee and ASMFC
Management Board and make their recommendations to the Regional Director.

4. The Regional Director considers the recommendations of the Council and AS;MFC and publishes
proposed measures in the Federal Register.

The Monitoring Committee, Demersal Species Committee, ASMFC ISFMP Policy Board, and Council
meetings will all be open to the public and provide an opportunity for public comment. The publication of
the Regional Director's proposed action in the Federal Register provides an opportunity for public comment

21 November 1995 47

at that level.

9.1.2.3. Commercial management measures

9.1.2.3.1. Commercial quota

The quota setting process is specified in 9.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on projected stock size
estimates for that year as derived from the latest stock assessment information. Estimates of stock size
coupled with the target fishing mortality rate would allow for a calculation of total allowable landings.
Based on the historic proportion of commercial and recreational landings, 42% (note that this percentage
will be recalculated upon completion of the revisions to the MRFSS recreational data base) of the total
target would be allocated to the commercial fishery.

The annual commercial quota will be set at a range of between 0 and the commercial share of the
maximum allowed by the adopted fishing mortality rate reduction strategy. The commercial quota includes
all landings for sale by ony gear.

All landings by any vessel that has a commercial moratorium permit (permit to sell) counts against the
quota, whether the black sea bass are caught with an otter trawl, a scallop dredge, hook and line, or any
other gear. If the vessel does not have a commercial moratorium permit, the fish may not be sold and the
recreational rules on size, possession, and season apply.

The annual commercial quota would be based on the recommendations of the Black Sea Bass FMP
Monitoring Committee to the Council and ASMFC Board. The Council and ASMFC would consider those
recommendations and submit their recommendations to the Regional Director. The Regional Director will
set the commercial quota annually.

The quota must apply throughout the management unit, that is, in both state and federal waters. All
commercial landings would count toward the quota for that period. When the quota had been landed,
fishing for and/or landing black sea bass would be prohibited for the remainder of the period.

Any landings in excess of the quota would be subtracted from the following year's quota. For example, if
the quota was exceeded by 10,000 pounds in 1997, 10,000 pounds would be subtracted from the quota
in 1998.

Using data collected through this FMP (section 9.1.3), NMFS will monitor the fishery to determine when a
quota will be reached. It is expected that the states will assist NMFS with data collection.

The Regional Director shall close the EEZ to fishing for black sea bass by commercial vessels when the
quota has been landed.

9.1.2.3.2. Commercial fish size limitations

It is illegal for owners or operators of vessels issued moratorium permits to possess black sea bass less
than 9" total length (TU. It is also illegal to possess parts of black sea bass less than 9' to the point of
landing.

Beginning in year 3 of the management program, it would be illegal for owners or operators of vessels
issued moratorium permits to possess black sea bass less than. 10' total length MI. It would also be illegal
to possess parts of black sea bass less than 10" to the point of landing.

Vessels with commercial moratorium permits issued pursuant to this FMP are required to fish and land
pursuant to the provisions of this FMP unless the vessels land in states with larger minimum fish sizes than
those provided in the FMP, in which case the minimum fish size would be required to meet the state limits.
States with minimum size larger than those in the FMP are encouraged to maintain them.

21 Nown"r 1995 48

The minimum fish size may be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 9.1.2.2.

9.1.2.3.3. Maximum roller diameter

It would be illegal for owners or operators of vessels issued moratorium permits to use roller rig trawl gear
equipped with rollers greater than 18" in diameter.

9.1.2.3.4. Minimum escape vent requirement

Black sea bass pots and traps would be required to have a minimum escape vent of 1 1/8" x 6" or 2.50 in
diameter. Vents would be required to be placed in a lower comer of the parlor portion of the pot or trap.
Pots or traps constructed with wooden lathes would be required to have the spacing between lathes 1
1/8" or greater. The escape vent provision would be implemented at the start of the first calendar year
following FMP approval so that fishermen would not be required to pull their pots and add vents in the
middle of the season.

Beginning in year 3, vents size would be increased in conjunction with the increase in minimum fish size.
Pots and traps would be required to have a minimum escape vent of 1 1/40x 6' or 2.750 in diameter.
Vents would be required to be placed in a lower comer of the parlor portion of the pot or trap. Pots or
traps constructed with wooden lathes would be required to have the spacing between lathes 1 1/4" or
greater.

A black sea bass pot or trap would be defined by the state regulations that applied to a vessel's principal
port of landing. The definition and the minimum escape vent requirement would apply to pots fished in
both state and federal waters.

9.1.2.3.5. Degradable fasteners in traps and pots

Black sea bass pots and traps would be required to have hinges and fasteners on one panel or door made
of one of the following degradable materials:

a. untreated hemp, jute, or cotton string of 3/16" (4.8 mm) diameter or smaller;

b. magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or

c. ungalvanized or uncoated iron wire of 0.062" 0.6 mm) diameter or smaller.

9.1.2.3.6. Minimum mash requirement

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass, may only fish
ith nets that have a minimum mesh size of 4.0" diamond (3.5* square) mesh, inside measure, applied
throughout the cod end for at least 75 continuous meshes forward of the terminus of the net, or, if the not
is not long enough for such a measurement, the terminal 1/3 of the net, measured from the terminus of the
cod and to the head rope.

Beginning in year 3 of the management program, owners or operators of otter trawl vessels possessing
100 lbs or more of black sea bass, may only fish with nets that have a minimum mesh size of 4.5"
diamond (4.0" square) mesh, inside measure, applied throughout the cod and for at least 75 continuous
meshes forward of the terminus of the net, or, H the net is not long enough for such a measurement, the
terminal 1/3 of the not, measured from the terminus of the cod end to the head rope.

Mesh would be allowed to be larger than the minimum size, but it could be no smaller than the minimum
size. If the fish are landed in a state that has a more stringent net mesh regulation, the state regulation
would prevail. States with minimum mesh regulations larger than those established in this FMP are
encouraged to maintain them.

21 Novanber 1995 49

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass may not have
available for immediate use any net, or any piece of net not meeting the minimum mesh size requirements,
or mesh that is rigged in a manner that is inconsistent with the minimum mesh size. A net that conforms
to one of the following specifications and that can be shown not to have been in recent use is considered
to be not wavailable for immediate usew:

(1) A not stowed below deck, provided:

(1) it is located below the main working deck from which the net is deployed and retrieved;

00 the towing wires, including the Neg" wires, are detached from the net; and

Iiii) it is fan-folded (flaked) and bound around its circumference.

(2) A not stowed and lashed down on deck, provided:

(1) it is fan-folded (flaked) and bound around its circumference;

(ii) it is securely fastened to the deck or rail of the vessel; and

PHI the towing wires, including the log wires, are detached from the net.

(3) A net that is on a reel and is covered and secured, provided:

(1) the entire surface of the net is covered with canvas or other similar material that is securely
bound;

00 the towing wires, including the leg wires, are detached from the net; and

PH) the codend is removed from the net and stored below deck.

(4) Nets that are secured in a manner approved by the Regional Director, provided that the Regional
Director has reviewed the alternative manner of securing nets and has published that alternative in the
Federal Register.

Any combination of mesh or liners that effectively decreases the mesh below the minimum size is
prohibited.

The owner or operator of a fishing vessel shall not use any device, gear, or material, including, but not
limited to, nets, net strengtheners, ropes, lines, or chaffing gear, on the top of the regulated portion of a
trawl not; except that, one splitting strap and one bull rope (if present), consisting of line or rope no more
than 2" 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 in diameter extending
the length of the net from the belly to the terminus of the cod end along each of the following: the top,
bottom, and each side of the net. "Top of the regulated portion of the netw means the 50% of the entire
regulated portion of the net which (in a hypothetical situation) would 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.

Since it will be difficult to detect a violation of the minimum mesh net regulation, the penalty for
individuals detected of such a violation must be sufficient to provide an adequate deterrent. Nets can be
double bagged or used as liners. Therefore, it is recommended that the penalty for the first offense be a six
month loss of moratorium permit and the penalty for a second offense be a one year loss of permit. After
imposition and expiration of such a penalty, if the individual fishes without penalty for three consecutive
years, the earlier offenses would be expunged from the record.

21 Nownber 1995 so

The minimum not mesh size could be changed annually, if appropriate, following the Black See Bass FMP
Monitoring Committee process set forth in 9.1.2.2. Based on the recommendations of the Black Sea Bass
Monitoring Committee and Council, the Regional Director, by regulatory amendment, shall implement
regulations on gear other than otter trawls to achieve discards of black sea bass equivalent to the discards
with otter trawls given the minimum net mesh requirements. This provision is intended to address the
problem that could develop if gear currently not in significant use in the black sea bass fishery are
developed as a way.of avoiding the minimum otter trawl mesh rule.

9.1.2.4. Recreational Fishery Measures

The recreational fishery throughout the management unit would be managed through an annual evaluation
of a framework system (section 9.1.2.2) of possession limits, size limits, and seasonal closures. Beginning
in year 3, recreational landings would be compared to annual target harvest levels established through the
FMP Monitoring Committee process to determine if modifications to the recreational possession limit and
size limit were required for the following year or if the fishery needed to be closed for certain periods.

Any landings in excess of the target harvest level would be subtracted from the following year's target
level. For example, if the target was exceeded by 10,000 pounds in 1997, 10,000 pounds would be
subtracted from the target harvest level in 1998.

In years 1 and 2 of the management program, it would be illegal for recreational fishermen to possess
whole black sea bass or parts of black sea bass less than 9" total length (TQ. Beginning in year 3, it
would be illegal for recreational fishermen to possess whole black sea bass or parts of black sea bass less
than 10" total length (TL).

The annual recreational possession limit, size limit, and season will be set at a range of between 0 and the
maximum allowed by the recreational share of the adopted fishing mortality rate reduction strategy.

On vessels with several passengers, where catches are pooled in one or more containers, the number of
black sea bass contained on the vessel may not exceed the possession limit multiplied by the number of
people aboard the vessel.

It is the responsibility of each state to assure that it implements measures equivalent with the federal FMP.
The Regional Director may prohibit landing black sea bass from the EEZ by recreational vessels (party,
charter, and private boats) of any state not in compliance with this FMP (possession limit, size limit, and
season). If the inaction of one or more states leads the Regional Director to conclude that the FMP will be
adversely affected, he may close the entire EEZ to black sea bass fishing.

9.1.2.5. Experimental Fishery

The Regional Director, in consultation with the Executive Director, may exempt any person or vessel from
the requirements of this FMP for the conduct of experimental fishing beneficial to the management of the
black sea bass resource or fishery.

The Regional Director may not grant such exemption unless it is determined that the purpose, design, and
administration of the exemption is consistent with the objectives of the FMP, the provisions of the
Magnuson Act, and other applicable law, and that granting the exemption will not:

1. have a detrimental effect on the black sea bass resource and fishery or cause any quota to be
exceeded; or

2. create significant enforcement problems.

Each vessel participating in any exempted experimental fishing activity is subject to all provisions of this
FIVIP except those necessarily relating to the purpose and nature of the exemption. The exemption will be
specified in a letter issued by the Regional Director to each vessel participating in the exempted activity.

21 November 1995 51

This letter must be carried aboard the vessel seeking the benefit of such exemption.

All experimental activities must be consistent with the fishing mortality rate reduction schedule in the FMP.

It is the Council's intention that experimental fisheries are short-term fisheries to answer specific
management questions and are not used to resolve short-comings in existing fishery management plans.

9.1.2.6. Enforcement recommendations

It is recommended that violators of the mesh regulations be severely punished. This is necessary to
minimize abuses of the flexibility introduced into the management regime that allow for several meshes
onboard. Examples of possible penalties include permit sanctions and requiring that offenders carry only
the legal mesh on board.

9.1.2.7. Special Management Zones

Upon request to the Council from a permittee (possessor of a Corps of Engineers permit) for an arti icial
reef, the modified area and an appropriate surrounding area of an artificial reef or fish attraction device (or
other modification of habitat for the purpose of fishing) could be designated at 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 fish attraction device. The
establishment of an SMZ would be done by regulatory amendment:

1. A monitoring team (the team will be comprised of members of Council staff, NMFS Northeast
Region, and the NMFS Northeast Fisheries Science Center) will evaluate the request in the form of
a written report considering the following criteria:

a. fairness and equity
b. promote conservation
c. excessive shares

2. The Council Chairman may schedule meetings of Industry Advisors and/or Scientific and Statistical
Committee (SSQ to review the report and associated documents and to advise the Council. The
Council Chairman may also schedule pubic hearings.

3. The Council, following review of the Team's report, supporting data, public comments, and other
relevant information, may recommend to the Northeast Regional Director of the National Marine
Fisheries Service (RD) that a SMZ be approved. Such a recommendation would be accompanied by
all relevant background data.

4. The RD will review the Council's recommendation, and if he concurs in the recommendation, will
propose regulations in accordance With the recommendations. He may also reject the
recommendation, providing written reasons for rejection.

5. If the RD concurs in the Council's recommendations, he shall publish proposed regulations in the
Federal Register and shall afford a reasonable period for public comment which is consistent with
the urgency of the need to implement the management measure(s).

9.1.2.8. Other measures

Only persons with a dealer permit may buy black sea bass at the point of first sale landed by a vessel that
has a commercial moratorium permit issued pursuant to this FMP.

Owners or operators of vessels with moratorium permits may sell black sea bass at the point of first sale
only to a dealer that has a dealer permit issued pursuant to this FMP.

21 November 1995 52

Owners or operators of vessels with moratorium permits may not land black sea bass during a period when
the Regional Director has determined that the commercial quota has been landed.

All black sea bass on vessels fishing with a mesh smaller than the legal minimum size must have any black
sea bass on board boxed in a manner that will facilitate enforcement personnel knowing whether the vessel
has 100 lbs or more of black sea bass on board to most the minimum mesh size criterion. Any unboxed
black sea bass on board a vessel fishing with a net smaller than the legal minimum is considered a violation
of this FMP. A standard 100 pound tote has a liquid capacity of 18.2 gallons (70 liters), or a volume of not
more than 4,320 cubic inches (2.5 cubic feet).

The Regional Director may place sea samplers aboard vessels if he determines a voluntary sea sampling
system is not giving a representative sample from the black sea bass fishery.

No foreign fishing vessel shall conduct a fishery for or retain any black sea bass. Foreign nations catching
black sea bass shall be subject to the incidental catch regulations set forth in 50 CFR 611.13, 611.14, and
611.50.

No vessel may use a net capable of catching black sea bass in which the bars entering or exiting the knots
twist around each other.

No person may assault, resist, oppose, impede, harass, intimidate, or interfere with either a NMFS-
approved observer aboard a vessel, or an authorized officer conducting any search, inspection,
investigation, or seizure in connection with enforcement of this FMP.

9.1.3. Specification and Sources of Pertinent Fishery Data

9.1.3.1. Domestic and foreign fisherman

Section 303(a)(5) of the MFCMA requires at least information regarding the type and quantity of fishing
gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in,
time of fishing, and number of hauls must be submitted to the Secretary. In order to achieve the objectives
of this FMP and to manage the fishery for the maximum benefit of the US, it is necessary that, at a
minimum, the Secretary collect on a continuing basis and make available to the Councils; (1) black sea
bass catch, effort, and ex-vessel value and the catch and ex-vessel value of those species caught in
conjunction with black sea bass for the commercial fishery provided in a form that analysis can be
performed at the trip, water area, gear, month, year, principal (normal) landing port, landing port for trip,
and State levels of aggregation; (2) catch and effort for the recreational fishery; (3) biological (e.g., length,
weight, age, and sex) samples from both the commercial and recreational fisheries; and (4) annual and fully
comparable NMFS bottom trawl surveys for analyses of both CPUE and age/size frequency. The Secretary
may implement necessary data collection procedures through amendments to the regulations. It is
mandatory that these data be collected for the entire management unit, including North Carolina, on a
compatible and comparable basis.

Commercial logbooks must.be submitted on a monthly basis by Federal moratorium permit holders in order
to monitor the fishery.

Operators of party and charter boats with Federal permits issued pursuant to this FMP must submit
logbooks monthly showing at least name and permit number of the vessel; total numbers of each species
taken; date(s) fished; number of trips; duration of trip; locality fished; crew size; landing port; number of
anglers carried on each trip; and discard rate. A sample of party and charter boats may be required to
report length frequencies of species caught for a sample of their trips.

States are encouraged to implement equivalent fishery data collection systems for the development of a
coordinated statistics gathering effort.

It is intended that the reports required by this section are the same as the reports required by the Summer

21 Novefter 1995 53

Flounder FMP, the Northeast Multispecies FMP, and the Atlantic Sea Scallop FMP. That is, fishermen need
to submit one logbook report, not one report for each FMP.

Foreign fishermen are subject to the reporting and recordkeeping requirements in 50 CFR 611.

9.1.3.2. Dealers. In order to monitor the fishery and enable the Regional Director and the states to forecast
when a closure will be needed, dealers with permits issued pursuant to this FMP must submit weekly
reports showing at least the quantity of black sea bass purchased (in pounds), and the name and permit
number of the vessels from whom the black sea bass was purchased.

Buyers that do not purchase directly from vessels are not required to submit reports under this provision.
Dealers should report only those purchases from vessels (fishermen with commercial moratorium permits).

It is intended that the report required by this section is the same as the report required by the Summer
Flounder FMP. That is, fishermen need to submit one logbook report, not one report for each FMP.

9.1.3.3. Processors. Section 303(a)(5) of the MFCMA requires at least estimated processing capacity of,
and the actual processing capacity utilized by US fish processors must be submitted to the Secretary. The
Secretary may implement necessary data collection procedures through amendments to the regulations.

9.2. ANALYSIS OF BENEFICIAL AND ADVERSE IMPACTS OF ADOPTED MANAGEMENT MEASURES

9.2.1. The FMP Relative to the National Standards

Section 301 (a) of the MFCMA states: 'Any fishery management plan prepared, and any regulation
promulgated to implement such plan pursuant to this title shall be consistent with the following national
standards for fishery conservation and management." The following is a discussion of the standards and
how this FMP meets them:

9.2.1.1. Conservation and management measures shall prevent overfishing while achieving, on a
continuous basis, the optimum yield from each fishery

MSY (section 5A has not been specified for black sea bass. OY is all black sea bass harvested pursuant to
this FMP.

Overfishing in the Black Sea Bass FIVIP is defined as fishing in excess of the F,,. level. F,.. is a biological
reference point derived from yield per recruit analysis that corresponds to the level of fishing mortality (F)
that produces the maximum yield per recruit. The Council has adopted an overfishing definition for black
sea bass based on an estimate of F,.. Best available information indicates that F.. is 0.29 for black sea
bass based on current conditions in the fishery.

Recent stock assessment information indicates that black sea bass stocks are overfished (NEFSC 1995).
Results of a virtual population analysis indicate that the current fishing mortality rate (F) is 1.05 (an annual
exploitation rate of 60%). Based on this mortality estimate, exploitation rates would have to be reduced
62% to achieve an F... of 0.29.

The Council and the ASMFC Management Board approved a recovery strategy that reduces overfishing on
black sea bass over an 8 year time frame. The recovery strategy calls for minimum fish sizes and
commercial gear regulations in year I and 2. In years 3 to 5, target exploitation rates would be 48% for
black sea bass. In years 6 and 7, the target exploitation rates would be 37% and in year 8 and
subsequent years, the target exploitation rate would be based on F... Based on current conditions in the
fishery, F,. is 0.29 and the associated exploitation rate is 23%.

This eight-year strategy reflects the pressure now being placed on fishermen by other FMPs. Although the
black sea bass resource should be rebuilt as quickly as possible, black sea bass management measures can
be implemented over an eight-year time frame to minimize the short term economic burden placed on

21 November 1995 54

fishermen and still reduce the overfished condition of the stocks.

9.2.1.2. Conservation and management measures shall be based upon the best scientific information
available

This FMP is based on the best and most recent scientific information available. Future black sea bass
research should be devoted toward both data collection and analysis in order to evaluate the effectiveness
of this FMP. This species should be reviewed annually by the NEFSC Stock Assessment Workshop
process.

9.2.1.3. To the extent practicable, an Individual stock of fish shall be managed as a unit throughout its
range, and interrelated stocks of fish shall be managed as a unit or In close coordination

The FMP's management unit is black sea bass throughout their range on the Atlantic coast from Maine
through Cape Hatteras, North Carolina, including the EEZ, territorial sea, and internal waters. This
specification is considered to be consistent with National Standard 3.

9.2.1.4. Conservation and management measures shall not discriminate between residents of different
states. If it becomes necessary to allocate or assign fishing privileges among various United States
fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (6) reasonably calculated to
promote conservation; and (C) carried out In such a manner that no particular individual, corporation, or
other entity acquires an excessive share of such privileges

The FMP does not discriminate among residents of different states. It does not differentiate among US
citizens, nationals, resident aliens, or corporations on the basis of their state of residence. It does not
incorporate or rely on a state statute or regulation that discriminates against residents of another state.

This FMP would establish a commercial fishery quota system for black sea bass, based on historical
landings data. This allocation, based on traditional landings patterns, would ensure that fishermen from
each state received a fair and equitable share of the resource.

Commercial regulations would be applied coastwide. The minimum sizes for the recreational fishery, are
also the same throughout the management unit.

The commercial minimum fish size, minimum net provisions, and commercial quota and the recreational
size limits, possession limits, and season are all specified so that they may be adjusted annually following
procedures set forth in the FMP to assure that the fishing mortality reductions strategy is followed. These
provisions are, therefore, "reasonably calculated to promote conservation.*

The moratorium is fair and equitable. The Council voted to establish 26 January 1990 as a control date for
limiting entry into the fishery at its February 1990 meeting. The Federal Register notice of this date was
published 7 June 1990. The moratorium was part of the preferred alternative in the public hearing draft of
this FMP. The long time period for establishing eligibility (26 January 1988 through 26 January 1993)
assures that the largest possible number of fishermen can qualify under the moratorium.

9.2.1.5. Conservation and management measures shall, where practicable, promote efficiency in the
utilization of the fishery resources; except that no such measure shall have economic allocation as its sole
purpose

The management regime is intended to allow the fishery to operate at the lowest possible cost (e.g.,
fishing effort, administration, and enforcement) given the FMP's objectives. The objectives focus on the
issue of administrative and enforcement costs by encouraging compatibility between federal and state
regulations since a substantial portion of the fishery occurs in state waters. The FIVIP places no restrictions
on processing, or marketing and no unnecessary restrictions on the use of efficient techniques of
harvesting.

21 November 1995 55

9.2.1-6. Conservation and management measures shall take into account and allow for variations among,
and contingencies In, fisheries, fishery resources, and catches

The management regime was developed to be compatible with and reinforce the management efforts of
the states and ASMFC. The minimum size regulations were developed with the recognition that the
commercial and recreational fisheries have traditionally harvested similar sizes of black sea bass.

The commercial minimum size regulations, mesh regulations, and pot requirements were designed to
reduce the discarding of small black sea bass by commercial vessels, increase yields, and allow more black
sea bass to reach sexual maturity and spawn. Monitoring of the fishery will indicate if discards are
reduced and whether modifications in gear regulations or minimum sizes should be implemented during any
year of the management program.

The commercial minimum fish size, gear regulations, and commercial quota and the recreational size limits,
possession limits, and season are all specified so that they may be adjusted annually following procedures
set forth in the FMP to assure that the fishing mortality reductions strategy is followed.

9.2.1.7. Conservation and management measures shall, where practicable, minimize costs and avoid
unnecessary duplication

The management regime was developed to be compatible with and reinforce the management efforts of
the states and ASMFC. The minimum size limits, gear regulations, quotas, possession limits, and, to some
extent, closed seasons, can be enforced on shore, thus eliminating the need for high cost at sea
enforcement. The provisions of this Amendment have already been adopted by the ASMFC.

9.2.2. Cost/Benefit Analysis

9.2.2.1. Implications of overfishing definitions and need to reduce fishing mortality rate

The cost/benefit analysis must be considered with regard to the guidelines established in 50 CFR 611,
which require that a Council define overfishing for the managed species, determine whether the species is
in an overfished condition, and, if it is, develop a strategy for ending the overfished condition. The Council
has adopted an overfishing definition for black sea bass. The Council has also determined that black sea
bass are currently overfished and has adopted an eight year strategy to reduce fishing mortality to
prescribed levels in order to end the overfished condition.

The excessive take of black sea bass will cease when fishing mortality is at the F,. level, which current
analyses indicate is F = 0.29. The current fishing mortality rates is 1.05. Thus, there is at least a four fold
difference between the F.. and the current F. In order to achieve F,,,, current exploitation rates would
have to be reduced by 62%.

An immediate reduction to an F,. level was seen as having an unnecessarily negative impact on the
industry, so the Council and ASMFC Board adopted the following strategy. The recovery strategy calls for
minimum fish sizes and commercial gear regulations in year 1 and 2. In years 3 to 5, target exploitation
rates would be 48% for black sea bass. In years 6 and 7, the target exploitation rates would be 37% and
in year 8 and subsequent years, the target exploitation rate would be based on F,.. Based on current
conditions in the fishery, F.. is 0.29 and the associated exploitation rate is 23%.

The recovery schedule is as follows:

21 Noymber 1995 56

Expigitation Rates

Current 60%
Year 3 48%
Year 6 37%
Year 8 23%

9.2.2.2. Recreational Fishery

9.2.2.2.1. Possession limits, minimum size limits, and seasonal closures

The proposed minimum size limits would effect recreational landings of black sea bass in all states with
landings of black sea bass. In 1991, almost 100% of the sea bass were landed in states from New York
to North Carolina (Table 22). In states north of Now York, landings were relatively small. In fact, during
most years from 1983-92, landings in North Carolina exceeded the landings in all the North Atlantic states
combined.

Analysis of 1990-92 intercept data for states from New York through North Carolina indicated that 14 to
38% of the measured sea bass were less than 9' TL (Table 36). On a coastwide basis, Maine to Cape
Hatteras, NC approximately 28% of the black sea bass were less than 9" TL. Assuming a post-release
mortality of 25%, the percent reduction in the number of black sea bass killed by anglers associated with a
9' TL minimum size limit would be 21 % (Table 37).

The assumed level of post-release mortality (hooking and handling mortality) used in the above calculations
is based on several studies. Bugley and Shepherd (199 1) conducted a hooking mortality study on black sea
bass caught by hook and line in Nantucket Sound, MA. They estimated a hooking mortality of 4.7% based
on their sample size of 64 fish. However, these fish were caught in water depths of 6-12 m. Rogers at al.
0 986) found severe trauma in black sea bass caught by hook and line in relatively deep water (37 m) due
to oral protrusions of the swim bladder. Of the 169 black sea bass collected by angling, 45 or 27% had
protrusions of the swim bladder. Based on these studies and hooking mortality studies conducted for other
fish, the ASMFC technical committee assumed a 25% hooking mortality for black sea bass caught by
recreational fishermen.

Beginning in year 3, the same minimum size of 100 TL would apply to the recreational fishery throughout
the management unit. Based on 1990-92 intercept data, 45.9% of the sea bass landed during these years
were less than this size (Table 36). However, increased survival of smaller fish due to minimum size
regulations and reduced discards in years 1 and 2 of the management program should allow larger fish to
become more available to recreational fishermen in year 3. As a result, the short term effect of the 10" TL
minimum size to the fishermen in these states would be less than the 45.9% reduction associated with
1990-92 landings.

Based on the fishing mortality reduction schedule adopted by the Council and Commission, exploitation
would have to be reduced 20% in year 3 to achieve the target F. MRFSS data for 1990-92 indicate that
catch frequencies for black sea bass ranged from I to 150 fish per day on a coastwide basis (Table 38).
Based on these data, the reductions in exploitation associated with various possession limits for 1 to 50
black sea bass per trip were calculated (Table 39). The coastwide possession limit associated with a 20%
reduction in exploitation is 16 fish. The possession limit would increase when combined with size limits
and/or seasons.

Analysis of black sea bass recreational date indicated that nearly 30% of the annual landings occurred
from September through October for the years 1990 to 1992 combined (Table 40). Seasons based on this
MRFSS data could be established on a coastwide basis to reduce exploitation. A season could be
combined with the size limit to allow for higher possession limits.

21 Navvnber 1995 57

9.2.2.2.2. Evaluation of framework provisions

Based on a recommendation by the Council and the ASMFC Policy Board, the Regional Director and the
States in their respective jurisdictions could modify the possession limit to between 0 and 50 black sea
bass per angler, the size limit from 9* TL to 12" TL, and open or close the fishing season for the entire
year. Recreational limits would be revised according to specific criteria to account for changes in stock
abundance and meet the time frame of the fishing mortality reduction strategy.

Short term impacts due to restrictive limits would be outweighed by the long term benefit of conserving
the black sea bass stock for future generations of recreational anglers. The possession limit could be as
high as 50 black sea bass, the size limit decreased to 90 TL, and the season open throughout the year.
However, decreases in restrictions would only occur under circumstances of increased black sea bass
abundance. Since the prevailing rate of fishing success would reflect increased stock abundance, the
number of anglers catching their limit would be high for overly restrictive limits. Decreasing recreational
restrictions by raising the possession limit, decreasing the size limit, or increasing the length of the fishing
season would therefore decrease the number of affected anglers and have less adverse impact than the
limit in force at the time.

If stock levels are allowed to continue to decline or the amount of effort by recreational anglers increases
Imore trips or more people) disproportionately to increases in stock size, landing rates for anglers would
decline regardless of specific limits. Adverse impacts would therefore be measured against the prevailing
rate of fishing success and would not be as great as when black sea bass are abundant or angler effort is
less. Although it is not possible to estimate exact impacts for hypothetical levels of black sea bass
abundance, it is clear that more restrictive limits than those proposed initially would have substantially less
impact than a total fishery closure precipitated by stock collapse.

A zero possession limit or a season closed for the entire year would prohibit retention of black sea bass by
recreational fishermen and would have significant impacts, depending on the level of fishing success
currently operative and the value anglers place on retention of catch. A 120 TL minimum size, the most
restrictive minimum size limit proposed for this framework measure, would have had an associated percent
reduction in exploitation of nearly 58% based on 1990-1992 coastwide MRFSS data (Table 37). These
severe restrictions would only be implemented in the event that the stock continues to decline and stock
collapse becomes imminent.

Reductions associated with these limits assume 100% compliance by recreational fishermen. Levels of
noncompliance will be considered in annual reviews when assessing the impact of bag/size limits on the
recreational fishery and determining if modification to the possession/size/season limits are necessary. A
thorough and consistent enforcement program is required for this or any other FMP to succeed. - I
Beginning in year 3 of the management program, recreational harvest limits would be calculated on an
annual basis to reflect the current status of the stock and the most recent information on recruitment. Year
end total recreational landings would be compared to the harvest limit to ensure that the landings target
was not exceeded.

9.2.2.3. Commercial Fishery

9.2.2.3.1. Minimum fish size

Historic commercial length frequencies were used as an estimate of potential short-term impacts of length
limits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NMFS Weighout Data and North Carolina DMF from 1982 to 1992 were used to
determine potential size limit effects. In general,.size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

Based on NMFS weighout data, approximately I I % of the measured black sea bass were less than 9* TL
for all otter trawl vessels with sampled landings (Table 43). This gear is associated with most of the

21 November 1995 58

commercial landings coastwide; otter trawl vessels accounted for over 56% of the coastwide landings
based on 1983-1992 General Canvass data (Table 10).

A 9" TL minimum size regulation would have a slightly greater effect on landings from fish pots/traps, the
other predominant gear in the black sea bass fishery (this gear accounted for 33% of the landings from
1983-92). Based on NMFS weighout data, almost 26% of the measured fish were less than 9" TL for the
4,592 black sea bass obtained from this gear from 1983 to 1991 combined (Table 43).

Size limit effects varied annually in North Carolina landings from the winter trawl fishery (Table 44). From
1983 to 1992, the amount of measured fish less then 9" TL ranged from 18.3% to 40.7%. North
Carolina accounted for 11 % of the coastwide commercial landings on average from 1983-1992 (Table 17).

Assuming that undersized fish are not caught and discarded, minimum size regulations have positive
impacts on the stock. In general, because minimum sizes increase the size at full recruitment, yields are
increased as fishermen catch larger, heavier fish. In addition, minimum size regulations can increase the
resilience of the stock to overfishing, i.e., the biological reference points (F,.) can increase. Finally,
minimum size regulations can increase spawning stock biomass by allowing more fish to spawn. Sexual
maturity data for black sea bass indicate that 50% of the black sea bass are mature by a size of 7.7" TL.

9.2.2.3.2. Minimum mesh size

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass would only be
allowed to fish with nets that have a minimum mesh size of 4.0" diamond (3.5" square) in the codend.
The L2,, (the length at which 25% of the black sea bass are retained) is 9.3 inches.for this mesh size (Table
45).

Mesh selectivity studies have not been conducted for black sea bass. The relationship between body
depth and total length as derived by Weber and Briggs (1983) was used to calculate the 50% retention
lengths for black sea bass. A selection range of 2 inches (based on selectivity studies conducted on fish
of similar shape) was then used to estimate 25% and 75% retention lengths.

La ndings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9" TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

Black sea bass are a component of the mixed trawl fishery in Southern New England and the Mid-Atlantic.
Although Sea Sampling data indicate that fishermen may differentiate between species on a per tow basis
(i.e., target a single species on a tow), fishermen land many different species on a per trip basis. Based on
1992 NMFS weighout data, black sea bass are most frequently landed with Loligo squid, silver hake, scup,
and flounder. In fact, for trips landing a 100 or more pounds of black sea bass per trip, more Loligo squid
were landed than black sea bass in 1992 (Table 29).

However, this predominance of Loligo may reflect reduced availability of other species in 1992. Based on
1983 to 1987 data, the landings of otter trawl vessels landings 100 lbs or more of black sea bass were
composed primarily of scup (29%) and summer flounder (24%) (Table 46). Loligo accounted for only 17%
of the landings.

The 100 pound threshold would effect 62 % of the vessels and 34 % of the trips that landed black sea bass
in 1992 (Table 47) These trips accounted for 95% of the black sea bass landed by otter trawl vessel in
1992.

Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermen would then have to use the 4.00 mesh if they decided to
target more black sea bass. Once the threshold was reached fishermen would have to properly stow other

21 November 1995 59

cod ends for the remainder of the trip.

Landings of black sea bass by fishermen targeting Loligo squid and scup on the same trip could be effected
by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels and 29% of the trips
landing 2500 pounds or more of Loligo squid, landed over 95% of Loligo landed by all Loligo otter trawl
fishermen (Tables 48 and 49). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 50). However, the total pounds accounted for
approximately 41 % of all black sea bass landed by otter trawl fishermen in 1992.

Similarty, 52 % of the vessels and 28 % of the trips landing 1000 pounds or more of scup, landed over
95% of scup landed by scup otter trawl fishermen (Tables 51 and 52). Based on this 1000 pound
threshold, black sea bass comprise slightly more than 1. 1 % of the total fish landed on these trips (Table
53). Because scup and Loligo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed Loligo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
Isquid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. 'Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the black sea bass regulations. A 6" minimum mesh size is
required for most of the New England groundfish species. The minimum mesh size for summer flounder is
5.5' with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would require
that fishermen use a 4.0" tail bag to reduce catch of sublegal fish, i.e. those less than 9W TL.

Minimum mesh provisions in conjunction with the minimum fish size will ensure that discards of sub-legal
black sea bass will be reduced. Greater gains %vill accrue to fishermen through protecting black sea bass
until they reach legal size. Discard mortality is extremely high for trawl caught fish and the problem is
particularly acute when new year classes are abundant. The benefits of the proposed minimum fish size
and mesh size regulations will be manifested through a more balanced age structure of the black sea bass
stock. Further, waste will be reduced due to (1) lower total discards and (2) lower mortality of not
encounter.

9.2.2.3.3. Maximum roller diameter

It would be illegal for owners or operators of vessels issued moratorium permits to use roller rig trawl gear
equipped with roliers greater than 18" in diameter. A 1 So diameter corresponds to the maximum roller
diameter limitation imposed by the state of Massachusetts to regulate this gear in state waters.

Roller diameter is correlated with vessel size and the ability of vessels to fish rough, hard bottom areas.
Larger roller sizes require larger engine sizes to pull the not. An engine size with an associated horsepower
of 800-900 hp is required to tow a net with 180 to 240 rollers whereas 10' to 12" rollers can be pulled by
a boat using a 175-200 hp engine (D. Simpson pers. comm.).

Information is locking as to the relationship between roller diameter and the size of obstruction that it can
clear. In general, 10-120 diameter rollers can be used for fishing over rough bottom that can include
ledges and cliffs. Limitations on roller size will make some areas of the ocean inaccessible to trawls by
preventing fishermen from trawling in the harder, rough bottom areas. As a result, black sea bass
associated with these areas would be protected from harvest allowing more fish to grow to maturity and
spawn increasing stock biomass and yields.

21 November 1995 60

9.2.2.3.4. Minimum escape vent requirement

Black sea bass pots are required to have a minimum escape vent of 1 1/8" x 6" or 2.5* in diameter. The
escape vent provision would be implemented at the start of the first calendar year following FMP approval
so that fishermen would not be required to pull their pots and add vents in the middle of the season.

During the development of this plan, Council suff proposed that black sea bass pots or traps have escape
vents that would allow for the release of undersized fish. Although there were a number of studies that
indicated that escape vents release fish from pots and traps, there were a lack of specific studies on black
sea bass. MAFMC staff initiated a project in 1994 to determine the size selectivity of traps fitted with
vents of various sizes. The objective of the study was to determine the vent size which allowed 50%
escapement of black sea bass below the proposed minimum size limits of 9" and 1 On TL.

In the study, the catch and size distribution of black sea bass taken in commercial sea bass pots fitted with
escape vents was compared to catches from unvented traps. Four strings of 25 traps 0 00 traps) were
fished from May through October, 1994 on commercial fishing grounds in areas offshore from Cape May,
NJ to Ocean City, MD. A total of 9 trips were made to haul the traps.

A total of 100 traps were assigned a vent size of 1 118" x 6", 1 1 /4' x 6% 1 3/8" x 6", 1 x 6", or no
vent (control). The traps with the various vent sizes were randomly placed in groups of five on the four
strings. The vents were made from aluminum and were paittemed after the vents used in lobster traps.
Vents were placed vertically in the door of the trap such that they would allow fish to escape from the
lower corner of the parlor portion of the trap. The lower corner location was used as the result of aquarium
studies that indicated sea bass almost always tried to escape from a lower corner after they were placed in
a trap (G. Shepherd pers. comm.).

Traps were fished under normal commercial fishing conditions. Soak time, the period between hauls,
averaged 14 days. The catch from each trap was retained separately and all black sea bass were measured
to the nearest half cm TL.

Length frequency distributions were constructed for black sea bass from each of the treatment vent sizes
and control. Proportions retained at length were computed as the ratio between the number of fish taken
in vented traps and the number taken at that length in the control traps. The length at 50% retention for
each vent size was estimated by fitting a logistic curve to the proportion retained at length data for each
vent size.

A total of 5574 black sea bass were measured from the 100 traps from April through October. Black sea
bass ranged in size from 16.5-36.5 cm. The control traps caught the largest number of sea bass (n = 1534)
followed in descending order by traps with the experimental vents: 1 1/8" (n = 1164), 1 1/40 (n = 644) 1
3/8' (n = 397) and 1 %" (n - 305).

Results indicate that vents do release undersized black sea bass. Length frequency histograms for black
sea bass from each vent size compared to the control are presented in Figures 12 - 15. Based on these
length frequencies, the Lso derived for traps fined with the 1 1 /80 and 1 1 /4" vents was 8.7* TL and
10. 1 " TL, respectively (Table 54). Based on these results, a 1 1 /8* x 60 vent would be required for traps
when the size limit was 9" TL and 1 1/4' x 6' when the size limit was I On TL.

Studies were not conducted to determine the selectivity of traps fitted with circular escape vents. A body
length/depth relationship (Weber and Briggs 1983) was used to derive the minimum sizes of black sea bass
that would be retained by fish traps fitted with these escape vents (Table 55).

Pots and traps accounted for approximately 33% of the total commercial landings for the period 1983-
1992 (Table 10). However, in recent years the proportion of the landings attributable to this gear has
generally increased. In 1991, this gear accounted for almost 62% of the landings (Table 12). The escape
vents will allow for a significant proportion of undersized fish to escape alive. Currently, relatively few
sea bass fishermen in the Mid-Atlantic have escape vents in their pots and traps. This gear is fished at

21 November 1995 61

varying depths and hauled to the surface quickly with hydraulic or electric pot hauler. As a result, fish may
experience internal trauma due to changes in pressure and a significant portion may not survive (Rogers et
al. 1986). Although many pot fishermen use sorters on dock to release nonmarketable fish, the escape of
these fish from the traps before they are hauled will significantly increase survival.

In addition, fishermen are encouraged to use sorting devices that allow for undersized fish to be returned
quickly to the water-, Combined, the escape vent provisions and sorting devices will significantly reduce
the number of undersized fish that are killed by pot fishermen. This reduction in sublegal mortality will
increase yields and the amount of mature fish in the stock.

9.2.2.3.5. Degradable fasteners in traps

Black sea bass pots would be required to have hinges and fasteners of one panel or door made of
degradable materials. These materials would allow the door or panel of a trap to fall away from an
unattended trap. This would prevent lost traps from ughost fishing", i.e., continuing to catch and retain
fish that could not be removed from the trap. Thus black sea bass and other species of fish and
invertebrates typically caught by these traps could escape preventing waste and lost yields in a number of
fisheries.

9.2.2.3.6. Commercial quota

Beginning in year 3 a quota would be allocated to the commercial fishery to control fishing mortality. The
quota would be based on stock assessment information on projected stock size estimates for that year.
Estimates of stock size coupled with the target fishing mortality rate would allow for a calculation of total
allowable landings. Based on the historic proportions of commercial and recreational landings for 1983 to
1992, 42% of the total target would be allocated to the commercial fishery. Note that this percentage
would change to reflect the revisions to the MRFSS data set that will be available in 1995.

To assess potential impacts of the quota, landings data were used from 1988-1992 to derive average
landings for those years (3.275 million lbs). Based on these data, a 20% reduction in exploitation would
equate to a commercial quota of 2.62 million lbs (80% x 3.275).

The gear restrictions and minimum fish size regulations will reduce discard and escape mortality of
undersized black sea bass. However, decreases in mortality would occur only with the smaller fish;
reductions in mortality would not occur for black sea bass once they reached the legal size of 10" TL.
Essentially the fish that contribute the most to the spawning population, fish 10* TL and larger, would
continue to experience high mortality rates; overfishing would not be reduced. The commercial quota will
control mortality on fully recruited, older fish.

This management measure will result in a short term reduction in the marketable catch and long term
benefits as more fish mature and increase the size of the spawning stock. In addition, a reduction in the
mortality of small black sea bass will allow for an increase in yield or harvest as small fish that were
previously killed grow larger and add weight to the stock.

Combined, these management measures, the minimum size regulation and the commercial quota, will
prevent overfishing and reduce waste. As the stock rebuilds, commercial quotas would increase.

9.2.2.3.7. Moratorium on commercial vessels

The MFCMA allows the Council to limit entry into a fishery if the Council considers the factors set forth in
section 303(b)(6) of the Act: westablish a system for limiting access to the fishery in order to achieve
optimum yield if, in developing such system, the Council and the Secretary take into account (A) present
participation in the fishery, (B) historical fishing practices in, and dependence on, the fishery, (C) the
economics of the fishery, (D) the capability of fishing vessels used in the fishery to engage in other
fisheries, (E) the cultural and social framework relevant to the fishery, and (F) any other relevant consider-
ations;"

21 November 1995 62

Present participation in the black sea bass commercial fishery is estimated to range between 545 and 565
vessels.

In addition to black sea bass, these vessels land Loligo squid, Atlantic mackerel, silver hake, summer
flounder, scup, and other species. Most of the marketable species caught in the mixed trawl and pot
fisheries are depleted, if not technically overfished. A moratorium exists for vessels in the summer flounder
-fishery. The Mid-Atlantic Council has already determined that scup are overfished, and has adopted a
control date for limited entry. The New England Council has approved moratoria for the Northeast
Multispecies FMP and the Scallop FMP.

The measures proposed in this Amendment will significantly impact fishermen. They are considered to be
the most reasonable and fair given the need to dramatically reduce fishing mortality. The real issue is that,
if the measures proposed in this Amendment are not implemented, the negative impact on the fishermen
will be even greater.

Given the likely number of vessels operating in this fishery and the level of probable quotas beginning in
year 3 of the management program, not controlling the number of vessels could lead to a significant waste
of capital resources as the ever decreasing probability of profits are dissipated over more operating units.

The Amendment proposes a moratorium on new entrants to the commercial black sea bass fishery. The
main purpose of this provision is simply to cap entry so that any future gains in productivity and
profitability which may occur in the fishery will not be dissipated by future entrants. In this way, the
individuals who make sacrifices today will be able to share in the benefits of future stock recovery, rather
than others who experienced none of the hardship.

The initial impacts of this provision are purely administrative. Vessel owners or operators will be asked to
provide evidence that they harvested black sea bass between 26 January 1988 and 26 January 1993.

No license is intended or necessary for those individuals who do not sell the fish that they catch.

There are a number of impacts which will occur in the short term. The very fact that entry into the industry
has been curtailed will give vessels with moratorium permits a scarcity value that they would not otherwise
possess. Experience in the surf clam fishery has shown that, over time, the value these moratorium
permits can accrue is substantial, though the magnitude in the black sea bass fishery will be reduced
because thousands will be issued instead of hundreds.

Fishermen will also be impacted by the provision controlling vessel replacement. This is intended as a
means to reduce the number of vessels in the fishery slightly by attrition.

A final impact is the reduction in flexibility which fishermen with genuinely lost vessels will have in
replacing them. The current specification of the preferred alternative requires that replacement vessels not
have a larger tonnage or registered length than the original. On balance, this limitation is considered
necessary to inhibit a large scale increase in the fishing power of the fleet through such replacements.

The MFCMA fSection 303(b)(6)) provides that a fishery management plan may establish a system for
limiting access to a managed fishery in order to achieve Optimum Yield if, in developing such a system, the
Council and the Secretary take into account six factors. A discussion of those factors and their application
to the proposed limited entry program for the black sea bass fishery follows:

A. Present participation in the fishery.

Present participation in the black sea bass commercial fishery is estimated to range between 545 and 565
vessels. The proposed program of limited entry seeks to reduce the size of the fleet gradually through
natural attrition. No vessel which was actively fishing for black sea bass between 26 January 1988 and 26
January 1993 would be denied access to the fishery.

21 November 1995 63

B. Historical fishing practices in, and dependence on, the fishery.

Fishermen using otter trawls and potsttraps account for the majority of commercial landings; 56% and
33% respectively, based on 1983 to 1992 data (Table 10). Other important commercial gears include
hand lines, lobster pots, and floating traps. Many species are caught in conjunction with black sea bass
(Table 29). Economically, black sea bass is an important species in the mixed trawl fishery (Table 29).
C. The economics of the fishery.

D. The capability of fishing vessels used in the fishery to engage in other fishe ries.

Black sea bass vessels traditionally harvest other species. However, a number of species in the mixed trawl
and pot fisheries have also been determined to be overfished. The Mid-Atlantic Council has determined that
summer flounder and scup are overfished and is preparing an amendment to the Bluefish FMP to eliminate
the overfi3hed nature of that resource. The ASMFC has adopted an Amendment to their Weakfish FMP to
eliminate an overfished situation. The Mid-Atlantic Council has prepared an Amendment to the Atlantic
Mackerel, Squid, and Butterfish FMP to limit entry into the squid and butterfish fisheries.

The proposed limited entry program will not force operators out of the fishery unless they clearly do not
meet a minimum standard of involvement and activity in the fishery. The program is designed to continue
over a period long enough to allow the number of operators to seek its own equilibrium level through
natural attrition.

E. The cultural and social framework relevant to the fishery.

Many of the vessels in the fishery are owned and operated by independent, individual fishermen who have
obtained their position of ownership through individual enterprise. There is a strong tradition of black sea
bass fishing within families. Many of the family operated businesses are the most vulnerable to an influx of
additional vessels because they are not in a position to survive long periods without revenue, or to operate
at significantly lower levels of gross revenue.

F. Any other relevant consideration.

The management program is designed to rebuild the stocks. However, the vessels currently in the fishery
will have to sacrifice income opportunity as a part of the rebuilding program. While the net benefits to
society from the management program are not in question, the benefits to individual operators who make
the sacrifice could quickly be lost or eroded among new entrants. The length of the period of sacrifice is
unknown. It would be unfair to dissipate the investment of these operators among a flood of opportunistic
new entrants when it begins to appear that the stock is rebuilding. The proposed program of limited entry
allows traditional operators to recoup at least a portion of their sacrifice. Such a program will promote
resource stability and industry efficiency which is in the best interests of the fishing community and the
nation.

9.2.2.4. Special Management Zones

The intent of a SMZ is to enhance management of fishery resources on or around artificial reefs while
optimizino fishing opportunities that would not otherwise exist. Artificial reefs are costly and provide
f
benefits that can be easily nullified by the use of certain types of fishing gear. In addition, certain types of
gear pose various threats to the reef structure and associated fishery resources, including: a) entanglement

21 November 1995 64

of other boating and fishing gear; b) entanglement in the reef structure (69host gear"); and c) damage to or
movement of reef structure.

Many artificial reefs, including those constructed by state governments, are located in the EEZ. If
management measures are needed to control fishing on and around those artificial reefs, they must be
developed through a fishery management plan. Providing a process through which the Council can develop
these measures on a case by case basis is an efficient way of achieving this control.

However, such a system must be coupled with a process that provides the Council an opportunity to
comment, in a timely manner, on the location of artificial reefs before they are constructed. Industry
advisors report that on occasion artificial reefs are constructed in existing black sea bass habitat areas,
thereby possibly accomplishing a de fecto allocation of a portion of the fishing grounds from the pot or
trawler fishery to the hook and line fishery. While such allocations may be appropriate from time to time,
they should be made only after all potentially affected interests are aware of the proposal and have an
opportunity to comment.

9.2.2.5. Administrative, enforcement, and information costs

Currently, a reporting system is being implemented by the NMFS. This system has been designed to collect
information for various fisheries according to their respective FMP's.

The cost of enforcing the black sea bass size limit equals the value of the additional capital and labor
resources required to expand current enforcement efforts to encompass the new regulations. Minimum size
regulations for black sea bass are currently enforced in various states (Table 60). The additional cost to
existing dockside enforcement in these states from the implementation of the minimum size limit
alternative is expected to be minimal. In addition, in states with minimum size regulations for other species,
additional reporting and enforcement from black sea bass regulations should also be minimal.

It is assumed that most individuals that will potentially apply for black sea bass operator permits already
hold operator permits for summer flounder, multispecies, and/or scallops. It is also expected than since
most of the vessel's operators already submit logbook reports under the Northeast Multispecies, Scallop,
and Summer Flounder FMPs, the implementation of this plan would not affect the reporting process to any
significant extent.

9.2.2.6. Prices to consumers

In recent years, the exvessel price per pound of black sea bass caught commercially has shown a slight
upward trend, indicating that supply and/or demand factors may be shifting. For the period between 1983
to 1992, the highest price for all size categories of black sea bass occurred in 1989. NMFS weighout data
for 1992 indicate an average exvessel price of $1.05 per pound coastwide, ranging from $0.42 per pound
for pins to $2.76 per pound for jumbos (Tables 24 and 27). Continual increase in the demand of fish and
shellfish in general (due to health awareness) could be the cause for increased ex-vessel revenue.
However, the effects of this factor on ex-vessel price.can not be address quantitatively at the time.

Potential reduction in landings and value attributed to this plan in its early years are not expected to
significantly increase overall ex-vessel black sea bass price. Future increases in black sea bass supply due
to reduction in mortality, higher harvest weight, and stock stability, should maintain the consumer black
sea bass price level (assuming everything else constant).

9.2.2.7. Redistribution of costs

The FIVIP is designed to give fishermen the greatest possible freedom of action in conducting business and
pursuing recreational opportunities consistent with the objectives. It is not anticipated that the proposed
management measures will redistribute costs between users or from one level of government to another.

21 November 1995 65

9.2.2.8. Fishery Impact statement

The impacts of the proposed actions on participants in the black sea bass fisheries including analyses of
biological, economic, and social impacts are described in section 9.2 (Analysis of Beneficial and Adverse
Impacts of Adopted Management Measures), in Appendix 1 (Alternatives to the Amendment) and in
appendix 2 (Regulatory Impact Review) of the FMP. The Mid-Atlantic Fishery Management Council
commissioned two reports to assess the probable socio-economic impacts of management options
identified in the drafi FMP. The first report titled "Part 2, Phase 1, Fishery Impact Statement Project, Mid-
Atlantic Fishery Management Council' by McCay et ah 0 993), described the people and communities
involved in the region's fisheries. The second report titled OSocial and Economic Impacts of the Draft
Management Plans for Black Sea Bass and ScupR by Rnlayson and McCay 0 994), assessed the probable
socio-economic impacts of management options identified in the draft FMP. This section is intended to
further describe the potential effects of the proposed FMP on the people and the communities involved in
the scup fisheries throughout the region based on these reports.

The principal approaches employed to compile the information presented in the two reports mentioned
above were open-ended phone interviews, port visits, date analysis, and interviews of people involved in
different aspects of the fishing industry. It is important to note the potential biases in the comments
provided by some of the individuals interviewed. In the second report, Finlayson and McCay (1994) stated
that: NWhen assessing the claims and opinions of members of the fishing industry cited
and quoted in this report, the reader should remain critically aware that in many if
not all cases there is an element of self-interest at work. This is particularly true
where there is a real or perceived conflict between gear sectors and/or regions in
competition for a limited, and declining, resource, and where they fear that draft
regulations will result in an unequal, and hence unfair, distribution of economic
impacts among the user groups. R I

The first report (McCay et 81. 1993), identified ports that appeared in the top 10, in terms of
landed value, for any of the species that the Mid-Atlantic Fishery Management Council has full or
shared responsibility for the preparation of Fishery Management Plans (tilefish, scup, black sea
bass, summer flounder, dogfish, Atlantic mackerel, Loligo squid, Illex squid, butterfish, weakfish,
bluefish, and angler or monkfish). The ports identified as relevant in the first report covered ports
from Chatham, Massachusetts, to Wanchese, North Carolina. The second report (Finlayson and
McCay 1994), identified ports that met one or both of the following criteria: the port or closely
related port group accounted for more than 1 percent by landed value of the total landings of black
sea bass or scup, or the landings of black sea bass or scup accounted for more than 1 percent of
all commercial landings in that port or port group (Finlayson and McCay 1994). The ports identified
as relevant on the second report covered ports from Gloucester, Massachusetts, to Hampton
Roads, Virginia.

Landing statistics and values are from the National Marine Fisheries Service weighout data.
Information about the ports is from interviews with key informants and from earlier studies
conducted by McCay's research team (McCay at A 1993).

In this section, both reports will be used to assess the socio-economic implications of the proposed
FMP at the individual and aggregate level as permitted by the available information. For a more
through review of the potential socio-economic implications of the FMP, refer to these reports.

Table 56 shows port groups ranked by landed value of black sea bass as a percentage of the value
of port landings for all species. In 1992, black sea bass accounted for 4.69% of the value of total
port landings in Ocean City; 2.02% in Cape May; 1.66% in Hampton Roads; 0.85% in
Freeport/Brooklyn; 0.62% in Montauk; 0.61 in Monmouth; and less than 0.5% for the rest of the
ports. Three ports accounted for 60% of all black sea bass landed value in 1992: Cape May,
Hampton Roads, and Ocean City (Table 57). Cape May accounted for approximately 27% of the

21 November 1995 66

total black sea bass landed value; Hampton Roads 20%; Ocean City 14%; Montauk 6%; Point
Judith 5%; Monmouth 2%; and less than 2% for the rest of the ports. Black sea bass landed
values are higher for ports located in the southern part of the region (Tables 56 and 57).

The degree of reliance on black sea bass for selected ports from Gloucester, Massachusetts, to
Hampton Roads, Virginia, is low. In no instance were the ports (or port group) dependent on black
sea bass for 5% or more value from fish and shellfish. One port represented 4.69% of the total
landed value of black sea bass (Ocean City), with the rest of the ports having a value somewhere
between 0 and 2% (Table 56).

9.2.2.8. 1. Port level - Commercial fishery

The port discussion includes a description of the fleet (number of vessels and type of gear
employed), a description of the landings (species and value) and a general description of the
community and port characteristics as permitted by the available information. The discussion
provided in the port description is based on findings by McCay et 8/. (1993). The overall
description may vary from port to port due to the confidentiality of data.

9.2.2.8.1.1. Hampton Roads, Virginia

The Hampton Roads area ports include the following ports: Hampton, Newport News, Norfolk,
Seaford and Virginia Beach. According to McCay et.91 0 993), 30 boats are home ported in the
Hampton area in the summer and 75 in the winter. The number of boats in the port vary
depending on where the boats decide to land. Most of the fish houses in Hampton Roads own
boats. The boats work on a regular basis in Virginia. There are over 100 draggers in the Hampton
Roads area. This does not include the gill netters, trap fishermen and longliners. According to an
informant, there are about 100 of these boats. The Hampton boat fleet is described by an
informant as 50-60% full-time scalloping, 30-40% part-time scalloping (in the summer) and part-
time fishing (flounder in the winter), and about 10% fish full time doing any kind of dragging.

The Hampton Roads area ports landed ninety-five different species in 1992. In terms of landed
value, sea scallops (63%) and summer flounder (17%) were the two most important species landed
in the Hampton Roads area in 1992. Black sea bass accounted for approximately 2% of the total
landed value by species for the same period.

In 1992, scallop dredgers accounted for 54% of the total landed value by gear type in Hampton
Roads, followed by otter trawls (bottom fish) (20%), otter trawls (scallop) 02%), tong/clam (696),
crab pot (3%). Summer flounder accounted for 84% of the total landed value by species of
bottom fish otter trawls in 1992, black sea bass ranked second with 6% of the total landed value.

Black sea bass are targeted in the EEZ by trawlers, potters, and hook and line fishermen. Draggers
landed 66% of the total black sea bass landed in the area in 1992, while handliners landed 32%.
Black sea bass is also an incidental catch for haul seiners and gill netters in coastal waters. Sea
bass are also caught with otter trawl/fly nets. Most of these nets are equipped with rollers on the
bottom and buoys on the nets. Commercial fishermen may also catch sea bass with pots or with
hook and line at wrecks or other bottom structures.

Many of the boats dragging for black sea bass in the Hampton Roads area are from North Carolina.
These fishermen also shrimp in the summer and then flounder fish in the winter. Some commercial
fishermen also employ pots and hook and line to catch black sea bass. Black sea bass pots are
relatively now in the Hampton roads area. They are similar to crab pot and are typically deployed
close to wrecks.

Summer flounder has been a major money species in the spring and fall in Hampton Roads.
Weakfish is caught all summer and targeted by gill netters in the fall. Illex squid is targeted during
the summer, Loligo squid is mainly targeted in the fall. Atlantic mackerel is mainly caught by

21 November 1995 67

draggers, but a small amount are also caught by sink gill nets and pound nets. Most of the scup
landed in Hampton Roads are landed by draggers. Scup are mainly targeted offshore and to the
north of the Hampton Roads area. Most of the scup are landed in Hampton and Newport News in
the winter.

The packing houses (fish houses) in the Hampton Roads area, act as wholesale buyers and
distributors. One fish house in the area has a government contract and supplies the US Navy with
all its seafood. Seafood products are distributed locally and throughout the United States. Some
species are shipped overseas to places like Japan, France and England. Most of the black sea bass
is sold wholesale to New York. A few are sold locally.

Hampton Roads has a mix of boats that are owner operated or have a hired captain. The fish
companies may own a number of boats and will hire captains to run them. The scallop boats are
also often operated by hired captains. However, independent boats may be owner operated or a
father may have a son or some other male relative running a boat for him.

There is a mix of different age groups in commercial fishing in Hampton Roads. Generally,
commercial fishing is not a typical summer job for high school or college students. However, some
high school students may work with a relative during the summer. In the Hampton Roads area,
there are boats owned and operated by fishermen of Vietnamese ancestry, Mexicans and Mexican-
American crews. Women do not fish offshore. Fishermen's wives primarily take care of the
*bookworke and other offshore tasks. Crews are paid with a share system. The share system
varies among boats.

Hampton Roads have historically been a fishing community. Currently, the fishing industry is but
one of the many industries in the area. While Hampton itself is not a big tourist area, the town is
trying to emphasize its waterfront area and its tourist potential. Hampton has an Air and Space
Museum and a marina for pleasure boats. The military presence in the Hampton Roads area is also
a large part of the economy, keeping this area from being totally dependent on tourism and fishing.
Other industries in the area include: a large coal port in Newport News, CSX railroad, and shipping
and freight companies.

9.2.2.8.1.2. Ocean City, Maryland

According to McCay et.91. (1993), Ocean City has a fishing fleet of longliners, trawlers, gillnetters
and potting boats. Three of the home ported longline boats home ported in Ocean City are 70 ft
and 130 GRT, the others are smaller. There are between 6 to 10 trawlers ranging in size from 62
ft (32 GRT) to 73 ft 0 03 GRT). These trawlers do not have refrigerated sea water capacity. In
1993, there were five full-time boats involved in the sea bass potting fishery, ranging from 25 ft to
57 ft. Overall, according to McCay et a/. (1993), the number of vessels in Ocean City declined in
the 1991-1992 period primarily because of changes in the surf clam/ocean quahog fleet. Clam
dredgers accounted for 63% of the total landed value of all gear, pelagic longline 12%, otter trawls
12%. and pots and traps for fish (black sea bass) 5%.

The total landed value of fish and shellfish in Ocean City and surrounding areas in 1992 was
approximately $8 million. The top 10 species by percent landed value in 1992 were: surf clam
(34%), ocean quahog (28%), summer flounder (5%), black sea bass (5%), sea scallop (4%),
bigeye tuna (4%)-, swordfish KV, dogfish KV, yellowfin tuna (4%), and lobster (2%).

Pelagic longline gear is mainly use to catch tunas, swordfish, sharks, and dolphin fish. Inshore
handlining for black sea bass and weakfish is also practiced in the Ocean City area. The top 4
species by percent landed value for handlining and pelagic longlining in 1992 were: black sea bass
(53%). yellowfin tuna (20%), bluefin tuna 08%), and weakfish (4%).

The Ocean City otter trawlers take a large variety of finfishes, topped with summer flounder (40%),
and spiny dogfish (28%), black sea bass ranked fifth (31%).

21 Nownber 1995 68

Black sea bass accounted for 0.08% of the total landed value for sink gill-nets, and 1.24% of the
total landed value for drift gill-nets in 1992.

A significant black sea bass pot fishery exists in Ocean City. According to McCay et a/ (1993) sea
bass pots are a traditional gear in this area. Black sea bass are caught with pots from April to
September. Black sea bass accounted for approximately 92% of the total landed value of fish
pots. Conch potting. have increased in the area in recent years. Boats involved in conch potting
have gill-netted in the past.

Even though the number of vessels operating in the surf clam and ocean quahog fishery has
decrease substantially in recent years, they still contribute a large percentage of the port total
landed value by species.

Loligo squid is caught by trawlers year round. During May and June there is a spring run in Ocean
City, and during the rest of the year fishermen go offshore for squid. Trawling for butterfish mainly
occurs in the fall. Butterfish is also a byeatch with weakfish. Bluefish are caught with trawl and
gill-net in the spring and fall.

Several boats use gill-nets for weakfish and dogfish. Boats from Maine and New Hampshire have
come to the Ocean City area to gill-not for dogfish. The dogfish season lasts from around the first
of November until April.

The number of boats targeting summer flounder in Ocean City is small, mainly because Maryland's
quota is small. Atlantic mackerel is targeted for about one week between March and April.
According to an informant (McCay et.91. 1993), there have been no unusual changes in fishing in
the Ocean City area. When a fishery is doing better, fishermen drift towards it in order to relieve
pressure on another fishery.

Most of the vessels in Ocean City are owner operated, but a few hire captains. The transient
longliners are generally not owner operated. Most owners pay their crew by the share system. In
general the crew are younger men. Captains range in age from 23 years on up. A few of the
captains have Masters or Bachelors degrees and some are high school graduates. A few African-
Americans are part of the crows, and at least one boat had an African-American captain. Some of
the boats from North Carolina also have African-American captains and crews.

No women are currently participating in fishing activities. However, in the past there have been a
couple of women involved in fishing. In fact, there was a woman captain on a transient gill-net
boat from New England.

According to McCay et at (1993), the port and community of Ocean City is described as follows:

'The principal ocean fishing port of Maryland is Ocean City. Ocean City is a
commercial fishing community with families that have been involved in fishing for at
least sixty years. Ocean City is made up of approximately ten miles of barrier island
and is next to an inlet that was created during a hurricane in the 1930s (Lipton and
Strand 1983:1-2). Ocean City is currently the primary port for ocean fishing
vessels in Maryland. Its boats are primarily smaller boats; they are either inshore
boats or small trawler, day boats. Its harbor area is directly west of the inlet at the
southern end of the city and is one and a quarter miles from the ocean (see Upton
and Strand 1983:1-2 for further description). 0

"in the last fifteen years, Ocean City has grown into its current status as a summer
resort area. It has a permanent population of about 10,000 to 14,000 and a
summer population of about 250,000 to 300,000. Many hotels, condominiums and
summer homes as well as other service businesses for the summer tourists exist in
Ocean City. One informant said that Worcester County is the wealthiest county in

21 November 1995 69

Maryland precisely because of the revenue generated by tourism. Major sources of
employment such as work in tourist businesses and construction are thus related to
the mainstay of the economy--tourism. Most of Ocean City's growth has occurred
gradually over the last fifteen years. However, new development is not taking place
at the same levels it did in the past. Thus most of the construction jobs involve the
maintenance of current structures. In fact, fishermen are also finding it hard to go
into other industries such as crabbing or construction because these are depressed
as well."

According to McCay et at (1993), there is no direct competition for docking space between
commercial and recreational boats in Ocean City. However there are more marinas for recreational
boats than for commercial boats.

9.2.2.7.1.3. Cape May, Now Jersey

There are about 33 local draggers operating from Cape May docks, most of which are wet boats.
There are some equipped with refrigerated sea water (RSW) capacity and seven boats with flash
freezers. Many transit boats (57 in 1992) land in the Cape May/Wildwood area from places like
Point Pleasant, and Point Judith, mainly to take advantage of winter stocks of Loligo squid and to
find safe harbor during storms.

The total landed value of all species for the Cape May/Wildwood area was approximately $37
million in 1992. Cape May alone landed about $30.4 million, Wildwood landed $4.5 million, and
other ports in the Cape May area landed $2.3 million. The landed value of the major species
landed in 1992 included sea scallops (28%), ocean quahog 0 1 %), Illex squid 0 0%), Loligo squid
(9%), and surf clams (13%). Black sea bass contributed 2% of the total landed value of all species.
Other ports in this area and the statistics that follow include Cold Spring Harbor, near Cape May,
and Sea Isle City, located to the north. There are now two tilefish boats, two fish trap (pot) boats
and one dragger working out of Sea Isle City. Tilefish and black sea bass are species targeted.

The general outline of Cape May/Wildwood fisheries is described by McCay et 8/. (1993):

'Tilefish are not landed in the Cape May/Wildwood area, except in Sea Isle City.
Scup are targeted by draggers. Black sea bass are caught by pot boats and some
draggers. Fluke are targeted by draggers. Dogfish are caught by gillnetters in
November, December and in the spring at which time they switch from the spiny
dogfish to the smooth dogfish. Draggers target dogfish in the early winter months.
Some draggers may just catch them if they happen to run into them. Atlantic
mackerel are targeted by draggers in the winter. Loligo squid is almost a year round
fishery for draggers. But they may be going for either squid on a trip. Illex squid is
caught by draggers from May to October. Butterfish are a bycatch of squid and are
rarely targeted. Gillnetters catch weakfish but there aren't many doing this any
more because of state regulations. So there is a drop in these landings. Draggers
also target weakfish. Bluefish are caught by gillnetters and they are a bycatch for
draggers.'v

Bottom fish otter trawling, along with bottom sea scallop trawling accounted for 39% of the total
landed value by gear in the Cape May/Wildwood area in 1992. The major species caught by value
by bottom fish otter trawl in 1992 were: Illex squid (27%), Loligo squid (25%), and summer
flounder (20%). Black sea bass ranked seventh with 2%.

Scallop dredges landed 28% of the total value landed in Cape May by gear type in 1992. Black
sea bass contributed 0.01 % of the total landed value for scallop dredgers. . Off-shore lobster pots
landed 2% of the total landed value landed in Cape May by gear type in 1992. Black sea bass
contributed 3% of the total landed value for wire pots, and 9% for plastic pots.

21 Novwrdmr 1995 70

Different species may be targeted at different times of the year by different types of boats or agar.
Loligo squid is targeted during the winter by freezer trawlers. Once aboard the boat the squid is
flesh frozen into blocks of ice and kept in cold storage until the boat reaches port. The demand for
Loligo squid is mostly for an export market in flash frozen squid. To a lesser extent, squid is
marketed domestically in the fresh fish markets in New York and Philadelphia. Both the domestic
and foreign markets areslowly growing.

filex squid is the largest summer fishery for freezer trawlers. It is a relatively new fishery because
filex is very susceptible to higher temperatures. Recirculating sea water technology is required to
handle large volumes of 111ex. However, flash freezers are desirable in order to ensure a better
product. Alex is mainly marketed as a flash frozen product in Europe.

Butterfish sometimes is a bycatch of the squid fishery. When butterfish is caught with large
amounts of squid, it is unmarketable (sometimes it is consumed by the captain and crew of the
vessel). However, if landed in considerably large quantities it can be marketed.

During the winter, scup sometimes is targeted by RSW and normal trawlers. Mixed trawl and
porgy nets are employed to fish for scup. The product is marketed in the fresh fish markets.

Cape May is the most southerly town in New Jersey. Cape May has a Vibrant tourist and beach
economy during the summer. The commercial docks are located along one stretch of the road
separated from the rest of the community.

9.2.2.7.1.4. Montauk Area, Now York

The Montauk area ports (Montauk, Shinnecock/Hampton Bay, and Greenport) had a total of $28
million in landings of fish and shellfish in 1992. Black sea bass accounted for less than 1 % of the
total landed value in the area in 1992. The Montauk area is characterized by a high diversity of
species and gear types, reflecting the coexistence of estuarine, inshore, and offshore fisheries. An
interesting fishing innovation called 'double crewing" has developed in Montauk and other ports.
The double crew strategy provides the boats and the crew with a greater degree of operational
flexibility. According to McCay et a/. (1993):

"Boats that double crew have two sets of captains and crews. In a double crewing
situation one set of captain and crew comes in and unloads the boat and then the
other captain and crew comes on board and takes the boat out for another trip.
"They are willing to spend money, they are making money, and they are doing it by
making the boat work harder," said one informant regarding double crewing. This
same person commented that one of the reasons they are working the boats harder
today in 1993 than fifteen years ago are the large mortgages that are on these
vessels that they did not have before."

There are between 20 and 35 draggers in Montauk. The major gear types, in terms of percentage
of landed value in 1992 were: bottom dragging (finfish) 40%, tilefish longlining (25%), and pelagic
longlining (swordfish and tuna) 18%. Handlining (scup, black sea bass, and Atlantic mackerel)
accounts for 6% of the total landed value.

LoAgo squid is the main target of the Montauk fishing fleet. The contribution of black sea bass to
the total landed value per species for bottom draggers is minimal. The typical dragger in Montauk
is owner operated, and vessels might have a second captain and a double crew.

There are approximately fifty-five commercial fishing boats operating in the Shinnecock/Hampton
Bays area. Most of these boats are draggers. Otter trawlers and dredgers (scallop/ocean quahog)
accounted for 66% and 24% of the total landed value for all species in these ports in 1992,
respectively.

21 November 1995 71

The. top four species in landed value in 1992 in this area were: Loligo squid, silver hake, ocean
quahog, and surf clam. They contributed for about 68% of the total landed value. Loligo
accounted for 27% of the total landed value (97% caught by trawlers). Black sea bass ranked
twenty-six, with 0 - 18 % of the total landed value by species for the same period.

Loligo squid and whiting are the major targeted species for draggers from the Shinnecock/Hampton
Bays area, representing 66% of the total landed value for all species in 1992. Black sea bass
ranked nineteen with 0.17% of the total landed value. Loligo squid and whiting are both targeted
all year round. Scup is targeted for about three to four weeks as they migrate through the
Hampton area.

Sink gill netting and inshore lobster potting were the third and fifth fisheries in terms of total landed
value in 1992, (5% and 1 %, respectively). However, they do not target black sea bass.

Pound nets represented 0. 13 % of the total value for all species in 1992. Loligo squid accounted
for approximately 34% of the total landed value for pound nets in 1992, scup for 16%, winter
flounder for 14% and butterfish for 10%. Black sea bass is not targeted by this type of gear.

Based on McCay et a/. 0 993), fishery trends and changes in Shinnecock indicate that:

"Whiting has always been targeted but more so in the last six months (July-
December 1993) because of a new market for juvenile whiting. Within the last year
111993), very small whiting has become a big export item to Spain. The Spanish
want the really small whiting; it is prepared by putting the tail in the mouth like a
donut and frying it. There are about a half a dozen boats targeting small whiting as
of December 1993. There is an export operation in Greenport for these small
whiting.'

mAccording to informants, whiting and squid are plentiful right now, (December
1993). Scup are becoming harder and harder to get every year. The species
caught by Shinnecock boats depends on availability and the market. If whiting is in
big demand, the fishermen go for that.'

Ninety-five percent of the fish (except squid, swordfish, and tuna) in Shinnecock goes to Fulton
Market in New York. Swordfish and tuna are sold by the vessel owner. Squid is usually sent to
Now Jersey for processing.

The social nature of the Shinnecock fishing community indicates that most boats are owner
operated. Many fishermen in Shinnecock have families in the commercial fishing industry. It is
also evident that father-son operations are more common in this community than in Montauk.

The crews are mostly integrated by local men that are not usually family members. Crews are paid
using the share system. Most crew members in Shinnecock are white males with about 60-70%
of them having a high school education.

At the present time, there are no women fishing in Shinnecock. However, fishermen's wives have
been very active in pushing for the maintenance of the Shinnecock Inlet.

In addition to a stable year-round population, Hampton Bays has a large tourist community.
Numerous businesses such as bars, banks, liquor stores and restaurants cater to the tourist. The
growth of the service industry in the area provides additional opportunities of summer employment
in the community. Overall, construction, fishing and tourism are the largest sources of
employment.

In Shinnecock a small number of support businesses to the fishing industry exist. There is one
craftsman who does boat work exclusively. Welders and wood workers can do wood work as well

21 November 1995 72

as other types of work. Their electronic repairmen in the community are very specialized in marine
electronics.

Three principal types of fishing are done by Greenport vessels: bottom dragging, offshore and
inshore potting, pound netting and gillnetting. Between ton and twenty otter trawlers are home
ported in Greenport. These bring about 60% of the total landed fish value. Offshore and inshore
potting accounted for more than 25% of the landed value by gear in 1992. There are ten boats in
the pound not fishery, which account for about 6% of the total landed value by gear in 1992. The
five major species caught as a percent of the total landed value by all gear in 1992 were: lobster
(28%), Loligo squid 03%), silver hake 02%), scup (9%), and summer flounder (7%). Blacksea
bass is not considered a major species in the Greenport area.

Lofigo squid, whiting, scup, winter flounder, and summer flounder were the top five species by
landed value for Greenport otter trawlers in 1992, with 21 %, 20%, 14%, 10%, and 10% of the
total landed value of otter trawlers, respectively. Black sea bass accounted for less than one
percent of the total landed value of otter trawlers. Black sea bass are not rarely caught by otter
trawlers because their stocks are down and the draggers do not target them. None of the boats
target black sea bass specifically but they are a bycatch in the summer months. Scup is typically
targeted in the late fall and early winter. Loligo squid is targeted in the spring and fall and it is also
a bycatch with whiting. Summer flounder are targeted during the summer and through the fall.

Lobster potting is the second most important fishery in Greenport in terms of landed value. Black
sea bass contributed 0.24% of the total landed value by species for inshore lobster pots.

Pound-not fishing accounts for a small percentage of the total landed value in Greenport. In 1992,
black sea bass accounted for 0.06% of the total landed value for pound-netters.

The number of boats engaged in fishing activities in Greenport has been increasing in the last two
to six years. This has created an upward trend in the importance of ancillary services such as ice
and fuel. Other support businesses include a local welding business and Greenport Yacht and
.Shipping. These last two businesses are diversified and serve both commercial and recreational
boats.

There are three packing facilities in Greenport. Most of the fish either go to Fulton market in New
York or are exported (Juvenile whiting).

To 'an extent, family is important in commercial fishing in Greenport. About half of the boats may
have a family member (primarily a son) working on the boats. During the summer a number of high
school students may work aboard a relative's boat.
The crows are full-time, local men. Most fishermen are high school or college graduates. The
average age of the crew members and captains is between 25 and 35, and 40 to 60 years of age,
respectively. The crews are typically paid using the share system.

There are no women working as part of the crews or the packing staff. However, some wives may
be involved in other support aspects of the fishing operations.

The ethnic background of the fishing community in Greenport is quite diverse. There are African-
Americans, Puerto Ricans, Russians and Poles working either as crews or as packing staff.

9.2.2.7. I.S. Freeport/Brooklyn Area, Now York

According to McCay et a/. 0 993), there is a total of 71 permitted commercial fishing vessels in
Freeport and 33 in Brooklyn. The average length, gross tonnage and horse power are slightly larger
in the Brooklyn vessels than in the Freeport vessels.

The total value of all species landed in the area was about $4 million in 1992. Surf calms

21 November 1995 73

represented the most important fisheries in terms of landed value 145 %), followed by Loligo 0 3
summer flounder 0 1 %), scup (10 %), lobster (6%), winter flounder (2 %), and black sea bass 0
In 1992, the majority of the landed value by gear type corresponded to bottom otter trawls with
48%, and surf clam dredges with 45%. The four major species targeted by otter trawlers in the
Freeport area are whiting, winter flounder, summer flounder and squid.

There are three lobster boats working out of Freeport. Some fishermen have unsuccessfully tried
potting for scup and black sea bass, and according to some Freeport fishermen, no one in. Nassau
County fishes with traps (McCay et at 1993). Inshore and offshore lobster potting accounted for
about 6% of the total landed value by gear in the area in 1992.

The otter trawl boats pay on the share system, and most boats use a captain and a crew member.
The dredgers are all owner operated and mostly day boats.

The level of tourism in the Freeport area is substantial. Freeport is located near Jones Beach and
has a number of charter boats.

9.2.2.7.2. Individual level - Commercial fishery

The possibility of significant impacts of the management actions may be expected to be quite
different at the individual level than at the "global' or "port level." That is, the proposed
management actions may significantly affect a specific group of fishermen employing specific gear
types that depend or mainly target the species being managed. The purpose of this section is to
address the potential effects at the individual level of the proposed management actions.

Table 58 shows the degree of specialization in the black sea bass fishery by gear type for selected
ports from Gloucester, Massachusetts, to Hampton Roads, Virginia. The hook and line fishery in
Hampton Roads, Virginia is an example of specialization or "relianceff on the fishery. Even though
only 6% of the value of black sea bass throughout the region caught with hook and line gear was
landed in Hampton Roads, black sea bass represented about 98% of the landed value of fish
caught with hook and line in this port (Table 58).

Table 10 indicates that the hook and line fishery accounted for 5% of the landings from 1983-
1992. able 11 indicates that, on average, black sea bass was predominantly targeted by hook and
One in Massachusetts, New York, Virginia, and North Carolina. According Finlayson et a/. (1994),
this fishery is largely confined in the Hampton Roads area, Virginia (Table 58). Hook and line
fishermen typically target large fish and the minimum size limit addressed in the FMP is not
expected to substantially affect this fishery. The hook and line specialists are not likely to be
affected by the minimum size limit addressed in the FMP. These fishermen fish for large black sea
bass by employing large hooks.

In addition to this, "weekend warriors' may also participate in the black sea bass fishery. The
degree to which this type of activity extends is not known. "Weekend warriors" are described by
Finlayson and McCay 0 994) as follows:

* ... people who may have full-time jobs during the week but who have developed
private unregulated and unreported markets for the fish they catch on the
weekends. They may sell to restaurants or to retail fish markets. They may have
very sophisticated electronics and fish-finding gear including color side-scan sonar.
They may be using multiple rods with motorized reels. It is impossible to estimate
with any useful precision how many of these people are out there or what their
impact is on the stocks. But most commercial fishermen are in agreement that their
numbers are large and that their aggregate catch is significant.'v

Table 11 indicates that, on average, 33% of the commercial landing of black sea bass from Maine
to Cape Hatteras (NC) for the 1983 - 1992 period were made by pots and traps for fish. In

21 Nownber 1995 74

Connecticut, a 8w total length recreational and commercial size limit has been established by state
laws, and in New York and New Jersey, a 8' total length commercial size limit is in effect. It is
expected that the two management alternatives most relevant to this fishery (escapement and
minimum size limit) will have little negative impact. Finlayson and McCay (1994) indicated that
some of the fishers and dealers interviewed indicated that the presence of large quantities of
relatively small black sea bass in the market, depresses the price for larger fish.

Fifty-six percent of all the black sea bass commercially landed from Maine to Cape Hatteras, NC,
from 1983 - 1992 were landed by otter trawis (Table 10). The mixed-trawl fishery takes an
economically significant bycatch of black sea bass, mainly in the fall and winter. This bycatch is
important because it helps covering part of the total annual expenses for these boats. Direct tows
for black sea bass are occasionally made by trawlers when wintering schools concentrate in deep
waters on relatively open bottom.

9.2.2.7.3. Recreational fishery

Section 2.3.1 of the RIR provide detailed discussions of the potential effects of the proposed
management plan on the recreational fishery.

The group of individuals that could be moit likely affected by the possession and minimum size
limits are fishermen that are largely interested in obtaining very large catches per fishing trip. Such
as fishermen that participate in the "partyff or ahead boatsw fishery.

-Partya or aheadw boats are described by Finlayson and McCay 0 994) as follows:

a ... boats which take large numbers of people out for a day or half-day fishing for a
fee. From the point of view of the owners, skippers, and crew of these boats, this
is a business and is therefore, in a sense, a commercial fishery. A significant
portion of the *partyo or 'head' boat business from Massachusetts to Virginia is
now comprised of organized bus tours from remote urban centers whose
subscribers are fishing for personal and family sustenance and/or monetary gain,
and seek, and sometimes find, very large catches. The demographics of this sub-
set of the recreational fishery should be the subject of further detailed study. The
fishers are best characterized as "ethnic' with Spanish, Italian, Greek, and
Portuguese-speaking people appearing to predominate in the northern Scup fishery
while African Americans from urban centers such as Philadelphia and Washington
predominate in the ports from Cape May south. Anecdotal evidence suggests that
many of these recreational fishers see the $30-50 dollar fee for a day's fishing as
money well-spent if they can return with 100 lbs. or more of fish in their cooler.
Whether these fish are primarily destined for personal or family consumption or for
sale is not known although many commercial fishers believe that the latter is true.
Certainly, some of the practices used by the operators of these boats such as cash
pools for 'high hook"-the person who catches the greatest number or weight of
fish- should receive critical attention from management.N

Table 32 indicates that the average total cost for a day trip for selected states for party boatg
ranges from $43 to $137. It is likely that the implementation of size and bag limits would mostly
have some impact on the number of individuals that are Willing to pay between that range for a
fishing day.

The d agree of the impact derived from different management actions would depend on the
experience and expectations of what constitutes a Ogood fishing trip* and the degree to which
these boats have become dependent upon people fishing for subsistence or sale.

A survey of charter and party boats conducted in 1990, indicates that for Oparty boatso, the
relative customer interest for black sea bass ranked sixth after summer flounder and strips bass.

21 Noven*er 1995 75

For "charter boats', the relative customer interest for black sea bass, along with hakes ranked last
(Table 34) Overall, the proposed management alternatives in the FMP are likely to have minimal
impacts on the recreational fishery.

9.2.2.8.4.. Summary

According to the 1992 landings statistics, black sea bass is not of critical importance to the
commercial fishery iin'dustry in the ports addressed above. Given the degree of port reliance on
black sea bass, it can be expected that the proposed regulatory measures will have a minimal
effect on the communities and local economies of these ports. The effects of proposed regulations
on individual commercial fishermen and recreational fishermen are also expected to be minimal.

The adopted management measures are considered the most reasonable to achieve the fishing
mortality rate reduction target available at this time. The moratorium is included to increase
probability of compliance with the management program in the near term. It will also provide a
mechanism for participants to share in the recovery of the resource rather than having the dividend
of recovery dissipated over additional vessels that could enter the fishery as soon as the resource
has recovered. This technique was used to great success with the surf clam fishery.

In terms of the consultative requirement of this provision of the Magnuson Act, since the
management unit of the FMP is black sea bass in US waters in the western Atlantic Ocean from
Cape Hatteras, North Carolina northward to the US - Canadian border, the South Atlantic and New
England Councils were invited and did designate members of their Councils to the Mid-Atlantic
Council's Demersal Species Committee, the oversight committee for this FMP. Additionally, both
Councils were invited to appoint industry advisors to the Mid-Atlantic Council Black Sea Bass
Advisory Panel.

9.3. RELATION OF RECOMMENDED MEASURES TO EXISTING APPLICABLE LAWS AND POLICIES

9.3. 1. FM1Ps

This FMP is related to otherplans to the extent that all fisheries of the northwest Atlantic are part
of the same general geophysical, biological, social, and economic setting. US fishermen often are
active in more than a single fishery. Thus regulations implemented to govern harvesting of one
species or a group of related species may impact on other fisheries by causing transfers of fishing
effort.

Many fisheries of the northwest Atlantic can cause significant nontarget species fishing mortality
on other stocks. In addition, black sea bass are food items for many commercially and
recreationally important fish species. Black sea bass also utilize many finfish and invertebrate
species as food items.

9.3.2. Treaties or international agreements

No treaties or international agreements, other than GIFAs entered into pursuant to the MFCMA,
relate to this fishery.

9.3.3. Federal low and policies

9.3.3.1. Marine Mammals and Endangered Species

Numerous species of marine mammals and sea turtles occur in the northwest Atlantic Ocean. The
most recent comprehensive survey in this region was done from 1979-1982 by the Cetacean and
Turtle Assessment Program (CETAP), at the University of Rhode Island (University of Rhode Island
1982), under contract to the Minerals Management Service (MMS), Department of the Interior. The
following is a summary of the information gathered in that study, which covered the area from

21 Nownber 1995 76

Cape Sable' Nova Scotia, to Cape Hatteras, North Carolina, from the coastline to 5 nautical miles
seaward of the 1000 fathom isobath.

Four hundred and seventy one large whale sightings, 1547 small whale sightings and 1172 sea
turtles were encountered in the surveys (Table 59). The "estimated minimum population number"
for each mammal and turtle in the area, as well as those species currently included under the
Endangered Species Act, were also tabulated.

CETAP concluded that both large and small cetaceans were widely distributed throughout the study
area in all four seasons, and grouped the 13 most commonly seen species into three categories,
based on geographical distribution. The first group contained only the harbor porpoise, which is
distributed only over the shelf and throughout the Gulf of Maine, Cape Cod, and Georges Bank, but
probably not southwest of Nantucket. The second group contained the most frequently
encountered baleen whales (fin, humpback, minke, and right whales) and the white-sided dolphin.
These were found in the same areas as the harbor porpoise, and also occasionally over the shelf at
least to Cape Hatteras or out to the shelf edge. The third group indicated a "strong tendency for
association with the shelf edgew and included the grampus, striped, spotted, saddleback, and
bottlenose dolphins, and the sperm and pilot whales.

Loggerhead turtles were found throughout the study area, but appeared to migrate north to about
Massachusetts in summer and south in winter. Leatherbacks appeared to have had a more
northerly distribution. CETAP hypothesized a northward migration of both species in the Gulf
Stream with a southward return in continental shelf waters nearer to shore. Both species usually
were found over the shoreward half of the slope and in depths less than 200 feet: The northwest
Atlantic may be important for sea turtle feeding or migrations, but the nesting areas for these
species generally are in the South Atlantic and Gulf of Mexico.

This problem may become acute when climatic conditions result in concentration of turtles and fish
in the same area at the same time. These conditions apparently are met when temperatures are
cool in October but then remain moderate into mid-December and result in a concentration of
turtles between Oregon Inlet and Cape Hatteras, North Carolina. In most years sea turtles leave
Chesapeake Bay and filter through the area a few weeks before the black sea bass fishery becomes
concentrated. Efforts are currently under way (by VIMS and the US Fish and Wildlife Service
refuges at Back Bay, Virginia, and Pea Island, North Carolina) to more closely monitor these
mortalities due to trawls. Fishermen are encouraged to carefully release turtles captured incidentally
and to attempt resuscitation of unconscious turtles as recommended in the 1981 Federal Register
(pages 43976 and 43977).

The only other endangered species occurring in the northwest Atlantic is the shortnose sturgeon
Ocipenser brevirostrum). The Councils urge fishermen to report any incidental catches of this
species to the Regional Director, NMFS, One Blackburn Drive, Gloucester, MA 01930, who will
forward the information to persons responsible for the active sturgeon data base.

The range of black sea bass and the above mentioned marine mammals and endangered species
overlap and there always exists a potential for an incidental kill. Except in unique situations, such
accidental catches should have a negligible impact on marine mammal or abundances of
endangered species, and the Councils do not believe that implementation of this FMP will have any
adverse impact upon these populations.

Commercial and recreational fisheries lose thousands of pounds of fishing gear annually. Incidences
of entanglement in and ingestion of this gear is common among sea turtles and marine mammals,
and may result directly or indirectly in some deaths.

9.3-3.2. Marine Sanctuaries

National marine sanctuaries are allowed to be established under the National Marine Sanctuaries

21 November 1995 77

Act of 1973. Currently there are 11 designated marine sanctuaries I Figure 16) that creates a
system that protects over 14,000 square miles (National Marine Sanctuary Program 1993).

There are two designated national marine sanctuaries in the area covered by the FMP: the Monitor
National Marine Sanctuary off North Carolina, and the Stellwagen Bank National Marine Sanctuary
off Massachusetts. There are currently five additional proposed sanctuaries, but only one, the
Norfolk Canyon is on the east coast.

The Monitor Nationa I Marine Sanctuary was designated on 30 January 1975, under Title III of the
Marine Protection, Research and Sanctuaries Act of 1972 (M PRSA). Implementing regulations 0 5
CFR 924) prohibit deploying any equipment in the Sanctuary, fishing activities which involve
'anchoring in any manner, stopping, remaining, or drifting without power at any time" (924.3 (a)),
and "trawling' (924.3 N). The Sanctuary is clearly designated on all National Ocean Service
(NOS) charts by the caption uprotected area.0 This minimizes the potential for damage to the
Sanctuary by fishing operations. Correspondence for this sanctuary should be addressed to:
Monitor NMS, NOAA, Building 1519, Fort Ousts, VA 23604.

NOAA/NOS issued a proposed rule on 8 February 1991 (56 FR 5282) proposing designation under
MPRSA of the Stellwagen Bank National Marine Sanctuary, in Federal waters between Cape Cod
and Cape May, Massachusetts. On 4 November 1992, the Sanctuary was Congressionally
designated. Implementing regulations (15 CFR 940) will became effective March 1994.
Commercial fishing is not specifically regulated by Stellwagen Bank regulations. The regulations do
however call for consultation between Federal agencies and the Secretary of Commerce on
proposed agency actions in the vicinity of the Sanctuary that 'may affect" sanctuary resources.
The process for consultation is currently (late 1995) being worked out between the Regional office
of NMFS, the Sanctuary, and NEFMC for Amendment 7 to groundfish. Correspondence for this
sanctuary should be addressed to: Stellwagen Bank NMS, 14 Union Street, Plymouth, MA.
02360.

Details on sanctuary regulations may be obtained from the Chief, Sanctuaries and Reserves Division
(SSMC4) Office of Ocean and Coastal Resource Management, NOAA, 1305 East-West Highway,
Silver Spring, MD 20910.

9.3.3.3. Indian treaty fishing rights

No Indian treaty fishing rights are known to exist in the fishery.

9.3.3.4. 08. Gas, Mineral. and Deep Water Port Development

While Outer Continental Shelf (OCS) development plans may involve areas overlapping those
contemplated for offshore fishery management, no major conflicts have been identified to date. The
Councils, through involvement in the Intergovernmental Planning Program of the MMS, monitor
OCS activities and have opportunity to comment and to advise MMS of the Councils' activities.
Certainly, the potential for conflict exists if communication between interests is not maintained or
appreciation of each other's efforts is lacking. Potential conflicts include, from a fishery
management position: (1) exclusion areas, (2) adverse impacts to sensitive biologically important
areas, (31 oil contamination, (4) substrate hazards to conventional fishing gear, and (5) competition
for crews and harbor space. The Councils are unaware of pending deep water port plans which
would directly impact offshore fishery management goals in the areas under consideration, and are
unaware of potential effects of offshore FMPs upon future development of deep water port
facilities.

9.3.3.5. Vessel Safety

Section 303(a)(6) of the MFCMA requires that FMPs consider access to the fishery for vessels
otherwise prevented from harvesting because of weather or other ocean conditions affecting the

21 Noven*er 1995 78

safety of vessels. The proposed management measures of this FMP do not limit the times or places
when or where vessels may fish. Therefore, the Council has concluded that the proposed FMP will
not impact or effect the safety of vessels fishing in this fishery.

9.3.4. State, Local, and Other Applicable Law and Policies

9.3.4.1. State management activities

Several states have minimum size limits pertaining to the possession of black sea bass.
Massachusetts has the largest size limit (12" TL), which applies to both the commercial and
recreational fisheries. The Rhode Island (100 TL) and Connecticut (8" TL) minimum size limits also
apply to all fisheries. New York and Now Jersey have 8" TL minimum size limits for black sea bass
which apply to the commercial fisheries only. North Carolina has an 80 TL minimum size limit which
applies to both commercial and recreational fisheries from Cape Hatteras and south. None of the
remaining states in the management unit (ME, NH, DE, MD, VA) regulate the minimum size of black
sea bass. Some states have minimum mesh size requirements, but none pertain directly to black
sea bass. Minimum mesh requirements vary by state, area, and season. Massachusetts requires a
special moratorium permit for black sea bass pots. In addition, many of the autos have season,
area and gear restrictions which may affect fishing for black sea bass. No state has a recreational
possession limit pertaining to black sea bass.

State regulations for black sea bass are summarized in Table 60.

9.3.4.2. Impact of Federal regulations on State management activities

The management measures of this Amendment complement or are identical to those proposed by
ASMFC for the coastal States.

9.3.4.3. Coastal Zone Management Program Consistency

The CZM Act of 1972, as amended, provides measures for ensuring stability of productive fishery
habitat while striving to balance development pressures with social, economic, cultural, and other
impacts on the coastal zone. It is recognized that responsible management of both coastal zones
and fish stocks must involve mutually supportive goals.

The Council must determine whether the FMP will affect a state's coastal zone. If it will, the FMP
must be evaluated relative to the state's approved CZM program to determine whether it is
consistent to the maximum extent practicable. The states have 45 days in which to agree or
disagree with the Councils' evaluation. If a state fails to respond within 45 days, the state's
agreement may be presumed. If a state disagrees, the issue may be resolved through negotiation
or, if that fails, by the Secretary.

The FMP was reviewed relative to CZM programs of Maine, New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, Now Jersey, Pennsylvania, Delaware, Maryland, Virginia,
and North Carolina. Letters were sent to all of the States listed. The letters to all of the States
except New Hampshire and Pennsylvania stated that the Council concluded that the FMP would
affect the State's coastal zone and was consistent to the maximum extent practicable with the
State's CZM program as understood by the Council.

9.4. COUNCIL REVIEW AND MONITORING OF THE FMP

9.4. 1. Monitoring

The Councils and ASMFC will monitor the fishery using the best available data, including that
specified in section 9.1.3. The commercial, recreational, biological, and survey data specified in
section 9.1.3 are critical to the evaluation of the management measures adjustment mechanism. It

21 November 1995 79

is necessary that NMFS incorporate all of the above data types from North Carolina black sea bass
fisheries into the overall NEFC data bases. Additionally, improved stock assessments are necessary
for FMP monitoring. As a result of that monitoring, the Councils and ASMFC will determine
whether it is necessary to amend the FMP.

The primary organization in the review and monitoring process will be the Black Sea Bass FMP
Monitoring Committee (section 9.1.2.2).

9.4.2. Research and Date Needs [pursuant to MFCMA 303(a)(8)]

Estimates of discarded black sea bass will be very important for monitoring the effectiveness of the
minimum size and gear regulations and adjusting the overall quota in order to meet the target
mortality levels. It is, therefore, important that levels of sea sampling effort be sufficient and
representative of the fisheries that contribute to black sea bass fishing mortality to accurately
describe the level of discard. It must be recognized that this sea sampling will likely involve some
vessels not in the directed black sea bass fishery, but vessels in the squid and groundfish fisheries,
for example, where large quantities of black sea bass are caught and possibly discarded.

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21 November 1995 82

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21 November 1995 85

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21 November 1995 86

Table 1. The NEFC autumn Inshore survey index (stratified mean number per tow) for black sea bass pro-
recruits and the spring offshore survey Index (stratified mean number per tow) for black sea bass recruits.

Pro-recruit Recruit
Year Nottow Nottow

1972 0.02 0.49
1973 0.45 0.87
1974 0.33 2.36
1975 3.95 2.02
1976 0.93 1.62
1977 15.87 6.09
1978 0.08 2.94
1979 0.91 5.21
1980 0.60 1.41
1981 0.10 0.89
1982 11.63 0.20
1983 1.42 0.67
1984 0.61 0.25
1985 2.90 0.39
1986 6.66 2.06
1987 0.34 1.17
1988 0.26 0.68
1989 2.17 0.76
1990 0.46 1.00
1991 0.74 1.13
1992 0.45 1.99
1993 0.03 0.87
1994 5.60 0.28

Mean 2.35 1.54

21 Nomftff I M 87

Table 2. The probability that a female black sea bass will transform to a male by size.

Probabiffity
qI (t-m) It nf Trangitinn

7 2.7 0.000
8 3.3 0.010
9 3.8 0.015
10 4.4 0.025
11 4.9 0.050
12 5.5 0.072
13 6.1 0.100
14 6.6 0.125
15 7.2 0.145
16 7.7 0.150
17 8.3 0.151
18 8.9 0.152
19 9.4 0.152
20 10.0 0.150
21 10.5 0.140
22 11.1 0.130
23 11.7 0.120
24 12.2 0.110
25 12.8 0.095
26 13.3 0.080
27 13.9 0.060
28 14.5 0.045
29 15.0 0.035
30 15.6 0.030
31 16.1 0.025
32 16.7 0.020
33 17.3 0.015
34 17.8 0.010
35 18.4 0.005
36 18.9 0.002
37 19.5 0.001
38 20.0 0.000

Source: Gary Shepherd pers. comm.

21 Noverftw 1995 88

Table 3. The mean back-calculated lengths (TL inches) at age for black sea bass collected from the Mid-
Atlantic, 1973-75.

AGE

N 1 2 3 4 5 6 7 8 9

male 972 3.7 8.0 10.6 12.4 14.2 16.4 18.2 19.2 20.3

female 1797 3.8 7.9 10.2 12.0 13.4 14.4 17.6

combined 2905 3.7 8.0 10.4 12.2 13.9 15.7 18.2 19.2 20.3

Table 4. Estimates of fishing mortality (F) and corresponding exploitation rates (Exp) for black sea bass based
on the results of virtual population analysis.

Year F Exp M

1984 1.16 63.4
1985 1.32 67.8
1986 1.57 73.6
1987 1.17 63.7
1988 1.45 71.0
1989 1.09 61.2
1990 1.13 62.5
1991 2.03 81.2
1992 1.89 79.2
1993 1.05 59.9

Source: NEFSC 1995.

21 November 1995 89

Table 5. Spatial distribution and relative abundance of black sea bass in the
Mid-Atlantic Estuaries.

Long Connecticut Gardiners
Waquolt Buzzards NaMansetl Island River Say
say Say 134Y Sound I I
Species/Life Stage M S * M S T M S T M S T M M S
Black sea bass A -1 40 4 0 4 -4 4 0
Centroprisfis 0 4 0
striata 4 4 0 4 0 0
L 0
E 0
Great Hudson R.1 Barnegat Now Jersey Delaware Delaware
South Raritan 6. Say Inland Say Inland
Say Says Bays
Speeiftll,lfe Stage M S T M S T M S. T M S T M S * M S
Black sea bass A 0 4 -4 0 a 0 a 4 0 q
S
Centroptisfis 1 *4 4 0 a 0 a 0 0 0 0
swata L
E

Chinco- Chesapeake
league Bay Chester Choptank Patuxent Potomac
Say Mainstem River River River River
Laecies/Life Stage SIT MP]T_M* T M T M T-M
Black sea bass A 0 00 14 -4 -4 4
S
C,onft;WsVs 1 0 00 4 -4 -4 4
shista L
E

Tangier / Rappa- York James
Pocomoke hannQck River River
Sound River
Species/Life Stage 1 * M T M * T M T M
Black sea bass A 0 -4 -4 0
S
Centroprisfis j 0 -4 -4 0
sblata L
E

Relative Abundance Salinity Zone Life Stage
41 Highly Abundant T - Tidal Fresh A Adults
41) Abundant M - Mixing S - Spawning adults
Common S - Seawater J - Juveniles
Rare Salinity zone not present L - Larvae
Blank Not Present E - Eggs
Source: USDC 1994a. 90

Table 6. Temporal distribution of black sea bass in Cape Cod through Delaware
Inland Bays.

Estuary / Month Waquolt Say Buzzards Say Narragansett Bay
Species / Life Stage JFM AM JJ ASO ND JFM AM JJ ASO ND JFM AM JJ A S@ON
Black sea bass A ......................
S
Centroplisfis i ......................
striate L ......... ..........
E ...

Estuary / Month Long Island Sound I Connecticut River Gardiners Bay
Species / Life Stage JFMAMJJASONDIJFMAMJJASOND JFMAMJJASON@
Black sea bass A....................................
CentropriStiS S
striate i
L
E

Estuary / Month Great South Bay Hudson R. / Raritan S. Barnegat B
Species / Life Stage J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J J A
Black Sea bass A ......................... ... ........
Centropristis S
striate i ... .....
L ......
E

Estuary / Month New Jersey Inland Says Delaware Say Delaware Inland Says'
Species / Lffe Stage J F M A M J J A S ON D J F M A M J i A S 0 N D J F M A M J J A S 0 N D
Black sea bass A ... ........
......................
S
Cenimpfisas i ..... ...
striate L
E

Relative Abundanoe Ufe Stage
Highly Abundant A - Adults
Abundant S - Spawning adults
J - Juveniles
Common L - Larvae
......... Rare E- Eggs
Blank Not Present
na No Data Available
Source: USDC 1994a. 91

Table 7. Temporal distribution of black sea bass in Maryland and Virginia
Estuaries.

Estuary / Month Chincoteague Bay Chesapeake B. mainstem Chester River
Species / Lffe Stage J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J J A S 00 NN
Black sea bass A ......................
S
Centroprisvs i ......................
strista L
E

Estuary / Month Choptank River Patuxent River Potomac River
Species / Lffe Stage JF MAMJJA SON D JFMAMJJASOND J FMAMJJASOND
Black sea bass A ...................... ...................... ......................
centmPristis S ...................... ...................... ......................
sidata i
L
E

Estuary / Month Tangier/Pocomoke Sd. Rappahannock River
Species / Lffe Stage J F M A M J J A S 0 N D J F M A M J J A S 0 N D
Black sea bass A ... ......................

Centroprisfis ................
striata i
L
E

Estuary / Month York River James River
.Species / Lffe Stage J F M AM JJ A SO N D J F M A M JJ ASO N D
B-liciiea bass A ..... . ............... ...
S
CentropHstis i ................
striata L
E

R*Iagvo Abundarm Uf* stage
Iftffly AbunWIN A - Ackft
AWnftnt 8 - ftawmft aduft
j - Juvenues
commn L - Lwm
Rwe a - Eggs
@N

Blank Not Prount

Sc=ce: VSDC 1994a. 92

Table S. Preliminary ranking of major threats to living marine resources and habitats In the Northeast.

1 . Urban and port development
2. Ocean Disposal
3. Dams
4. Agricultural Practices 9
5. Industrial Waste Discharges @
6. Domestic Waste Discharges @
7. OCS Oil and Gas Development
a. Insect Control
9. Water Division
10. Sand and Gravel Mining
11. Power Generation

Includes dredge and fill and construction activities covered by Section 10/104 permits, as well
as point source pollution covered by NPDES permits and nonpoint source pollution.

Includes dredged material disposal in State waters, as well as actual ocean dumping of dredged
material, sewage sludge, etc., covered by Section 103 permits.

* Includes nonpoint source pollution (fertilizers, animal wastes, biocides, sediments, heavy
metals, etc.) that affects coastal aquatic areas.

* Point source pollution covered by NODES permits.

Source: USDC, 1985.

Table 9. Commercial and recreational landings (thousands of pounds) of black sea bass.

Year Comm Rec Total % Comm % Rec

1983 3336 5776 9112 37 63
1984 4332 2840 7172 60 40
1985 3420 4836 8256 41 59
1986 4191 14233 18424 23 77
1987 4168 2194 6362 66 34
1988 4143 5151 9294 45 55
1989 2918 3588 6506 45 55
1990 3502 3300 6802 51 49
1991 2805 4568 7373 38 62
1992 3007 3246 6253 48 52

Avg 3582 4973 8555

Source: NMFS General Canvass and MRFSS Data.

21 November 1995 93

Table 10. Mack sea bass commercial landings by gear. Maine to Cape Hatteras, North Carolina, 1983 - 1992
combined.

1000
112s; Parg-an
GEAR

Haul Seines, Beach 0
Haul Seines, Long 0
Haul Seines, Long(Danish) 0
Stop Nets 0
Otter Trawl Bottom, Fish 20,403 56
Otter Trawl Bottom, Lobster 6
Otter Trawl Bottom, Scallop 30
Otter Trawl Bottom, Shrimp 0
Trawl Midwater, Paired 82
Trawl Bottom, Paired 5
Scottish Seine 0
Pound Nets, Fish 77
Pound Nets, Other 2
Floating Traps (Shallow) 401
Fyke And Hoop Nets, Fish 0
Pots Arid Traps, Conch 0
Pots And Traps, Crab, Blue 28
Pots And Traps, Fish 11,936 33
Pots And Traps, Lobster Inshore 483 1
Pots And Traps, Lobster Offshore 153
Pots Arid Traps, Other 1
Gill Nets, Other 29
Gill Nets, Drift, Other 13
Gill Nets, Drift, Runaround 5
Gill Nets, Stake 0
Trammel Nets 0
Lines Hand, Other 2,113 5
Lines Troll, Other 14
Lines Long Set With Hooks 11
Spears 0
Dredges Scallop, Sea 22
Unknown Gears 0

All Gear 35,827 100

Source: Unpublished NMFS General Canvass Data.

21 November 105 94

Table 11. Black "a bass commercial landings by state and gear type, 1983 - 1992 combined.

stata

ME MA RI CT NY NJ DE MD VA NC
% of % of % of % of % of % of % of % of % of % of
10W JAW JQW JQW JQW JQW TntAl low law law
aFAR

Haul Seines, Beach 0.0
Haul Seines, Long 0.0
Haul Seines, Long(Dardsh) 0.0
Stop Nets 0.0
Otter Trawl Bottom. Roh 58.6 17.9 84.8 65.0 70.81 50.9* 8. 9' 81.e 82.2*
Otter Trawl Bottom, Lobster 0.0 0.1
or Trawl Bottom, Scallop 0.0 0.1 0.3 0.0
Otter Trawl Bottom, Shrimp 0.0 0.0
Tor"awl Midwater, Paired 2.5 0.0
Trawl Bottom, Paired 0.2 0.0
Scottish Seine 0.0 0.0
Pound Nets, Fish 2.1 0.4 0.0 0.0 0.0 0.0
Pound Nets, Other 0.1
Rooting Traps (Shallow) 10.8
Fyke And Hoop Note, Fish 0.0
Pots And Traps, Conch 0.0
Pots Arid Traps, Crab, Blue 0.0 0.3
Pots And Traps, Fish 87.0 0.8 29.8 0.0 45.5 97.0 89.8 7.4 1.5
Pots And Traps, Lobster Inshore 0.1 1.7 2.2 18.1 1.9 - -
Pots And Traps, Lobster Offshore 0.3 2.4 0.7 2.0., 0.3 0.0
Pots And Traps, Other 0.0 0.0 0.0 0.0
Gill Nets, Other 42.0* 0.0 0.2 0. 2* 0.0, 0.0 0.1 0. 0*
Gill Nets, Drift. Other 0.1 0.2 0.0 0.0 0.1 0.1
Gill Nate, Drift. Runaround 0.1
Gill Nets. Stake 0.1
Trammel Nets 0.0
Lines Hand, Other 10.1 0.8 2.8 7.8 0.8 0.9 0.8 9.9 16.3
Lines Troll, Other 0.4
Lines Long Set With Hooks 0.2 0.0 0.0 0.0
Spears 0.0
Dredges Scallop, Sea 0.0 0.0 0.1 0.0 0.2 0.0
Unknown Gears 0.0

All Gear 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

Source: Unpublished NMFS General Canvass Data.

21 Numnber I M 95

Table 12. Black sea bass conunercial landings by year and gear type, Maine to Cape Hatteras, North Carolina.
83 84 YFAR
as 86 87 as 89 90 91 92
% of % of % of % of % of % of % of % of % of % of
law law law IQW IQW law T-1 Tj=al JoW Tntsd
r-FAR

Haul Seines, Beach 0.0
Haul Seines. Long 0.0 0.0' 0.0,
Haul Seines, Long (Danish) 0.0 0.0
Stop Note 0.0,
Otter Trawl Bottom, Fish 67.7 75.6 66.9 80.7 61.5 59.1 51.9 48.7 24.6 37.0
Otter Trawl Bottom. Lobster 0.1 0.0
Otter Trawl Bottom, Scallop 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.2
Otter Trawl Bottom, Shrimp 0.0 0.0
Trawl fAdwater, Paired 0.3 0.4 0.0 0.3 0.2 0.3 0.5 0.2 0.0 0.0
Trawl Bottom, Paired 0.0 0.1 0.0 0.0
Scottish Seine 0.0 0.0
Pound Note, Fish 0.2 0.4 0.1 1.0 0.1 0.1 0.0 0.1 0.0
Pound Note, Other 0.0 0.0 0.0
Floating Traps (Shallow) 1.3 1.1 5.7 1.1 0.3 0.5 0.4 0.3 0.2 0.3
FVks And Hoop Nets, Fish 0.0
Pots And Traps, Conch 0.0 0.0
Pots And Traps, Crab, Blue 0.6 0.1 0.1 0.0, 0.1 0.0, 0.1 0.5
Pots And Traps, Fish 22.8 16.7 17.0 28.5 32.6 33.5 39.4 43.2 61.9 50.8
Pots And Traps, Lobster Inshore 2.6 2.0 2.5 1.3 1.4 0.8 0.5 0.4 0.5 1.4
Pots And Traps, Lobster Offshore 0.1 0.4 0.7 0.5 0.1 0.2 0.2 0.6 1.3 0.5
Pots And Traps, Other * 0.0 0.0 0.0 0.0
Gill Nets, Other 0.2 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.2 0.2
Gill Nets, Drift, Other 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.1 0.1
Gill Nets, Drift, Runaround 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0
Gill Nets, Stake 0.0
Trammel Note 0.0
Lines Hand, Other 4.7 3.0 7.0 6.3 3.5 5.2 6.6 6.2 10.7 8.5
Lines Troll, Other 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0
Lines Long Set With Hooks 0.0 0.2 0.0 0.1 0.0 0.0 0.0
Spears 0.0
Dredges Scallop, See 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.1 0.4
Unknown Gears 0.0

AM Gear 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

Source: Unpublished NMFS General Canvass Data.

21 November INS 96

Table 13. Mack sea bass commercial landings by year and water area, Maine to Cape Hatteras, North Carolina,
all gears combined.

Atatp -e -1 M* FF7 > I mi Tntal
1000 % of 1000 % of 1000 % of
Yew 4s IOW Ibs law Ihs Iatal

83 595 17 2,741 82 3,336 100
84 665 15 3,666 84 4,332 100
85 650 19 2,769 so 3,420 100
86 743 17 3,448 82 4,191 100
87 526 12 3,641 87 4,168 100
88 571 13 3,571 86 4,143 100
89 457 15 2,461 84 2,918 100
90 636 18 2,866 81 3,602 100
91 511 is 2,293 81 2,805 100
92 347 11 2,660 88 3,007 100

Mean 570 15 3,012 84 3,582 100

Source: Unpublished NMFS General Canvass Data.

21 November 1995 97

Table 14. Black sea bass conunercial landings by year.

YAW

Ba AM as afi 92 BE 22 so &1 22
RFMONIAREA

Now England
State 1000 Lbs 402 474 547 552 410 497 379 473 261 66
(<3 m!) % REG 42 47 54 53 S4 65 66 72 79 35
% CST 67 71 84 74 78 87 83 74 51 19
EEZ 1000 Lbs 542 520 448 477 347 261 194 175 as 122
1>3 mi) % REG S7 52 45 46 45 34 33 27 20 64
% CST 19 14 16 13 9 7 7 6 2 4
All 1000 Lbs 945 994 996 1,029 758 758 574 649 327 iss
% REG 100 100 100 100 100 100 100 100 100 100
% CST 28 22 29 24 is is 19 11 6

PAd-Atlantic
State 1000 Lbs 191 190 so 187 115 73 77 38 231 280
4<3 rni) % REG a 7 5 7 3 2 3 1 10 10
% CST 32 28 is 25 21 12 16 6 45 so
EEZ 1000 Lbs 2,031 2,517 1,594 2,476 3,134 2,586 1.916 2,400 2,062 2,317
(>3 rrd) % REG 91 92 94 92 98 97 96 99 89 89
% CST 74 68 57 71 86 72 77 83 as 87
AD 1000 Lbs 2,222 2,707 1,693 2,664 3,249 2,659 1,993 2,438 2,293 2,598
% REG 100 100 100 100 100 100 100 100 100 100
% CST 66 62 49 63 77 64 as 69 81 86

North Carolina
State 1000 Lbs 1 1 4 2 0 0 0 124 18 0
(<3 mi) % REG 0 0 0 29 10
% CST 0 19 3
EEZ 1000 Lbs 16; 62; 726 495 ISO 724 349 290 165 220
(3 > rni) % REG 99 99 99 99 99 99 99 70 89 99
% CST a 17 26 14 4 20 14 10 7 8
All 1000 Lbs 169 629 731 498 180 724 350 414 183 220
% REG 100 100 100 100 100 100 100 100 100 100
% CST 5 14 21 11 3 17 12 11 6 7

All
state 1000 Lbs 595 665 850 743 526 571 457 636 511 347
1 < 3 mi) % REG 17 is 19 17 12 13 Is Is is 11
% CST 100 100 100 100 100 100 100 100 100 100
EEZ 1000 Lbs 2.741 3,866 2,789 3,448 3,641 3,571 2,461 2,866 2,293 2,660
(> 3 rni) % REG 82 84 so 82 87 as 84 81 81 as
% CST 100 100 100 100 100 100 100 100 100 100
AD 1000 Lbs 3,336 4,332 3,420 4,191 4,168 4,143 2,918 3,502 2,805 3.007
% REG 100 100 100 100 100 100 100 100 100 100
% CST 100 100 100 100 100 100 100 100 100 100

% REG - area % ot regional total, % CST - area % of coastwide area total

Source: Unpublished NMFS General Canvass Data.

21 Novernber INS 98

Table 15. Average ex-vessel commercial landings of black too be" by month, Maine to Cape Hatteras, North
Carolina, 1983 - 1992.

WatAr Aran

State (< 3 mi) EEZ (> 3 mi) All
1600 1000 1000
Lbs Lbs Lbs
hIn"th
JAN 10 357 367
FEB 0 500 501
MAR 3 468 471
APR 9 342 352
MAY 125 290 416
JUN 90 218 309
JUL 44 118 162
AUG 27 88 115
SEP 26 84 110
OCT 43 131 175
NOV 18 148 167
DEC 4 146 151

All 406 2,895 3,301

Source: Unpublished NMFS General Canvass Data.

Table 16. Black sea bass commercial landings by year and state.

YAU

83 84 85 86 87 88 89 90 91 92
Iwo low '1000 Iwo low Iwo Iwo 1000 1000 1000
Lbs Lin Lin Lbs Lin Lbs Lbs Lbs Lin Un
Rtatfk

ME 6 1 3 1
MA 254 419 311 417 323 476 351 435 243 43
RI 674 562 671 607 358 220 208 197 74 140
CT 10 12 12 4 77 59 10 14 9 4
NY 76 160 131 208 245 121 77 71 91 i'll
NJ 855 826 642 798 1,109 1,180 840 989 1,03 3 1,244
DE 70 84 92 178 -196 171 132 149 189 193
MD ISO 244 220 435 492 394 295 342 481 468
VA 1,038 1,391 605 1,044 1,205 792 648 885 497 580
NC 169 629 731 498 160 724 350 414 183 220

Source: Unpublished NMFS General Canvass Date.

21 Nownber 1995 99

Table 17. Average annual commercial landings of black see bass by state, 1983 - 1992.

1n Vasir Awaranat I Anfiuw

Iwo
Lbs Parkman
Statp

ME I
MA 327 9
RI 371 10
CT 21 0
NY 129 3
NJ 952 26
DE 145 4
MD 355 9
VA 868 24
NC 408 11

All states 3,582 100

Source: Unpublished NMFS General Canvass Data.

Table 18. The number ('000) of black sea bass caught and landed by recreational anglers each year 1983-
1992.

C'nte-h. I nndinnia ftntnh ralikammA

1983 10917 7565 31
1984 7242 4207 .42
1985 11421 7305 36
1986 31455 23817 24
1987 6354 3762 41
1988 12357 5309 57
1989 7378 4968 33
1990 10282 4735 54
1991 11465 5516 52
1992 8900 3984 55

Moan 11777 7115 40

Source: Unpublished MRFSS data.

fjoyeffiber I M 100

Table 19. Recreational landings ('000 lbs) of black sea bass by year and region, Maine to North Carolina.

Neirnhar Wainh

MA %A-* MA %A-*

1983 324 4903 2338 365 4359 1051
1984 -86 2288 1835 83 1527 1249
1985 94 4814 2398 20 3131 1685
1986 563 23146 107 674 13515 44
1987 231 3103 429 59 1111144 291
1988 233 4102 973 355 3731 1064
1989 93 4458 419 81 3214 293
1990 45 4305 384 so 2977 273
1991 45 5232 239 76 4358 133
1992 31 3620 312 29 2969 247

Mean 212 6613 1091 244 5187 729

Include only NC Landings.
Source: Unpublished MRFSS data.

Table 20. The percent of total number and total weight of black sea bass landed by marine recreational
fishermen from state waters and the EEZ in each Atlantic coast subregion, 1983-92.

qtihrd4n*nn YAW qtAtA M Link qtAtok EEZ unk
North Atlantic 1983 45 53 2 46 53 1
1984 27 73 - 33 67 -
1985 54 48 98 2
1986 61 39 62 38
1987 55 45 75 25
1988 58 42 59 41
1989 82 is - 99 1 -
1990 70 30 - 66 34 -
1991 95 5 - 94 6 -
1992 78 22 - 75 25 -

Mean 63 37 0 71 29 0
Mid-Atlantic 1983 16 82 2 7 91 2
1984 56 42 2 36 63 2
1985 34 65 - 25 75 -
1986 so 42 2 46 53 2
191117 64 36 54 46
1988 29 71 20 so
1989 49 51 56
1990 33 67 24 76
1991 39 81 24 76
1992 37 63 38 62

Mean 41 so 32 as
North Carolina 1983 16 83 1 15 83
1984 17 83 1 99
1985 19 81 6 94
1986 66 34 48 52
1987 18 82 19 al
19as is 82 a 92
1989 33 67 21 79
1990 38 62 2a 72
1991 47 53 48 52
1992 40 60 - 37 63

Mean 31 69 0 23 77 0

less than 1, - - zero.
Source: Unpublished MRFSS data.

21 November 1995 101

Table 21. The average number ('000) and weight ('000 lbs) of black sea bass landed by recreational fisherman
from each Atlantic coast subregion by mode and area, 1983-1992.

NIIMhAr

RAninn and mnrIA qtAtA EEZ Lh* TAW OA Rnn Crtt

North Atlantic
Shore 2 2 1
Party/Charter 19 21 41 23
Private/Rental 79 S3 132 75 2 -

FAd-Atlantic
Shore 19 - 2 221 4 3
Party[Charter 1321 2416 19 3756 63 47
Private/Rental 1140 833 46 2019 34 26

North Carolina
Shore 42 42 4 1
Party/Charter 23 523 548 S8 7
Private/Rental 133 218 354 38 4

Total
Shore 263 - 2 267 3 3
Party/Charter 1363 2960 20 5376 68 68
Private/Rental 1352 1104 49 2273 29 29

Wmkinht

RAninn and mndA Atatn EEZ Unk low Rain C-M

North Atlantic
Shore 1 0 1 1
Party/Charter 14 20 0 34 19
Private/Rental - 94 48 142 so 2

Md-Atlantic
Shore 74 - 74 2 1
Party/Charter 689 1866 12 2567 62 42
Private/Rental 620 877 23 1520 37 25

North Carolina
Shore - 17 17 3
Party/Charter 4 426 430 68
Private/Rental 53 132 1 186 29 3

Total
Shore 92 99 2 2
Party/Charter 707 2312 12 4399 71 71
Private/Rental 767 1057 24 1663 27 27

* m less than 1. - zero.
Source: Unpublished MRFSS data.

21 Novernber 1995 102

Table 22. The estimated number ('000) of black son bass caught by recreational fishermen in each state as a
percent of both the total Atlantic coast catch of black sea bass (% of CST) and the total recreational catch of
all marine fish (AF) in each state, 1991.

RtAtIa BSB W. nf MT AE OA of AE

ME 2067
NH 639
MA 42 12001
Rl 5559
CT 36 7979
NY 412 4 22536 2
NJ 3205 28 31803 10
DE 465 4 3642 13
MD 3057 27 25263 12
VA 3754 33 46373 8
NC 479 4 13654 4

less than 1, - zero.
Source: Unpublished MRFSS data.

Table 23. Ex-vessel value of black sea bass commercial landings by year and water area, Maine to Cape
Hatteras, North Carolina, all gears combined.

qtAta <,A Mi FF7 > -'A mi low

% of % of % of
If= a YAW if= 6 IOW loon a YAW
YAW

83 635 25 1,826 74 2,462 100
84 740 21 2,635 78 3,376 100
85 764 23 2,503 76 3,268 100
86 1,067 25 3,071 74 4,138 100
87 785 is 3,479 81 4,264 100
88 1,005 22 3,417 77 4,423 100
89 909 24 2,780 75 3,690 100
90 960 24 2,975 75 3,936 100
91 973 27 2,538 72 3,511 100
92 472 14 2,684 85 3,157 100

Mean 831 22 2,791 77 3,622 100

Source: Unpublished NMFS General Canvass Data.

21 November 1M 103

Table 24. Ex-vessel value of black sea bass commercial landings by year, Maine to Cape Hatteras, North
Carolina.

Nominal Nominal Mean Price
Value Price in constant
loon a Mann IQQ2 a
YAK

83 2,462 0.74 0.85
84 3,376 0.78 0.88
85 3,268 0.96 1.08
86 4,138 0.99 1.15
87 4,264 1.02 1.17
88 4,423 1.07 1.17
89 3,690 1.26 1.32
90 3936 1.12 1.13
91 3:511 1.25 1.26
92 3,157 1.05 1.05

Prices adjusted with PPI (1982 100)

Source: Unpublished NMFS General Canvass Data.

Table 25. Average ex-vessel landings of black sea bass, value and price by month, Maine to Cape Hatteras,
North Carolina, 1983 - 1992.

Wntetr Argot

f'tAtafge' All
Amo) FF7(!1. Imil I
Value in Mean Value in Mean Value in Mean
constant price in constant price in constant price in
1000 992$ constant 1000 1992$ constant 1000 1992$ constant
me)PjT Lhe enw) IQQ2 t Lbs ('000) 19929 Lbs. ('000) IQ92 9
JAN 10 9 0.90 357 363 1.02 367 372 1.01
FEB 0 1 1.27 500 417 0.83 501 418 0.84
MAR 3 6 1.76 468 443 0.95 471 449 0.95
APR 9 14 1.53 342 355 1.04 352 370 1.05
MAY 125 174 1.39 290 260 0.90 416 434 1.04
JUN 90 118 1.30 218 169 0.77 309 287 0.93
JUL 44 70 1.59 lie 141 1.20 162 212 1.30
AUG 27 56 2.05 as 126 1.43 115 182 1.58
SEP 26 51 1.94 84 109 1.30 110 160 1.45
OCT 43 as 1.97 131 147 1.12 175 234 1.34
NOV is 34 1.85 148 188 1.27 167 223 1.33
DEC 4 7 1.72 146 189 1.29 151 196 1 .

AN 406 630 I.S5 2.895 2,911 1.01 3.301 3,542 1.07

Prices adjusted with PPI (1982-100)
Source: Unpublished NMFS General Canvass Data.

Z Nowrnber 1995 104

Table 26. Total landings and ex-vessel value for all finfish and shellfish, total landings and value for black sea
bass, and black sea bass percent of total landings and value by state, 1992.

All fiQh *nd finfigh Wank Sao Raq-q Rlank Ran Rwtn

Total Total Total Total
Landing Value Landing Value Total Total
ji,nm ihnj (41'rinn) 11,CM Ih-,t) (AI'nM) Landonn Vail 1P

ME 201,217 163,341 0 0 0.0 0.0

NH 10,328 11,503 0 0 0.0 0.0

MA 274,269 280,589 43 108

Rl 141,655 85,681 180 179 0.1 0.2

CT 19,634 62,672 4 8

NY 50,112 53,985 'I'll 206 0.2 0.4

NJ 204,368 97,500 1,244 974 0.6 1.0

DE 6,554 4,207 193 158 2.9 3.8

MD 57,067 36,424 468 429 0.8 1.2

VA 630,521 90,500 580 705 0.1 0.8

NC 154,035 57,458 220 385 0.1 0.7

Total 1,750,760 943,860 3,003 3,152 0.2 0.3

* less than 0.1 %

Source: Fisheries of the United States 1994c.
Unpublished NMFS General Canvass data.

21 November I M 105

Table.27. Landings, ex-vessel value and price of black sea bass by size category for 1992, all states and gear
combined.

Size Landings Value Price
rattannry (1,(= I'MO) (6 /1h)

Jumbo 63 174 2.76

Large 294 685 2.33

Medium 457 609 1.33

Small 62 34 0.55

Pins 1,319 551 0.42

Unclassified 593 718 1.21

Parameters associated with size categories are determined by dealers and vary among ports. For example, in
Cape May (NJ), black sea bass in classified as follows: small 8" to 0.75 lb; medium 0.75 lbs; large 1.25 lbs to
1.75 lbs; and jumbo > 1.75 lbs (W. Makowski pers. comm.). In Point Judith (RI), black sea bass is classifed as
follows: pins 8* to 0.74 lb; small 0.75 lbs to 0.9 lbs; medium 1.0 lbs to 1.24 lbs; large 1.25 lbs to 1.99 lbs;
and jumbo > 2.0 lbs (E. Hutchins pers. comm.).

Table 28. The number of ofter trawl vessels, trips, and associated pounds for a given threshold (pounds) of
black sea bass landings.

Threshold
pn[Indn Va--Q-Qpl-q Trips Pniind-q

> =1 340 3327 1009746
* =100 212 1132 955795
* =200 182 784 907088
* =300 159 592 860274
* =400 144 477 820235
* -500 123 393 783196
* =600 108 338 753507
* =800 88 243 687765
* = 1000 so 199 648060
* =5000 16 31 320427
> =I 0000 9 11 179301

Source: NMFS weighout data.

21 November I M 106

Table 29. Landings by species for all otter travA trips harvesting 100 pounds or more of black sea bass, 1992.

Species % Species %
of Total of Total
rnmmnn Narna Pntjne1q* Pni inel vallip VA111A
SQUID (LOLIGO) 13,225,429 34.099% 7,362,802 29.238%
HAKE, SILVER 5,191,162 13.384% 2,382,006 9.459%
SCUP 4,803,237 12.384% 2,980,079 11.834%
FLOUNDER, SUMMER 4,467,072 11.517% 6,536,286 25.956%
MACKEREL, ATLANTIC 1,694,588 4.369% 155,991 0.619%
ANGLER 1,227,456 3.165% 864,277 3.432%
DOGFISH SPINY 1,102,054 2.841% 102,464 0.407%
BUTTERFISH 991,346 2.556% 583,126 2.316%
SEA BASS, BLACK 955,795 2.464% 911,281 3.619%
FLOUNDER, WINTER 891,065 2.297% 882,725 3.505%
BLUEFISH 862,789 2.225% 257,425.- 1.022%
HAKE, RED 693,049 1.787% 209,526 0.832%
SKATES UNC 654,466 1.687% 65,288 0.259%
FLOUNDER, YELLOWTAIL 383,695 0.989% 405,644 1.611%
HERRING, ATLANTIC 237,891 0.613% 11,383 0.045%
COD 205,272 0.529% 202,287 0.803%
WEAKFISH, SQUETEAGUE 195,664 0.504% 141,236 0.561%
DOGFISH (NK) 124,699 0.322% 21,272 0.084%
SCALLOP,SEA 98,084 0.253% 452,404 1.797%
SQUID (ILLEX) 96,332 0.248% 26,532 0.105%
TAUTOG 94,488 0.244% 62,167 0.247%
LOBSTER 85,303 0.220% 319,489 1.269%
FLOUNDER, WITCH 69,900 0.180% 76,943 0.306%
EEL, CONGER 64,638 0.167% 16,972 0.067%
TILEFISH 64,426 0.166% 40,826 0.162%
POUT,OCEAN 56,134 0.145% 9,486 0.038%
SEA ROBINS 42,401 0.109% 9,949 0.040%
HAKE, WHITE 22,141 0.057% 8,037 0.032%
OTHER FISH 20,590 0.053% 824 0.003%
CONCHS 17,015 0.044% 16,271 0.065%
CROAKER, ATLANTIC 13,342 0.034% 2,796 0.011%
FLOUNDER, SAND-DAB 13,287 0.034% 3,985 0.016%
CRAB, HORSESHOE 12,000 0.031% 1,200 0.005%
PUFFER, NORTHERN 10,604 0.027% 3,676 0.015%
CRAB, JONAH 9,670 0.025% 4,553 0.018%
POLLOCK 8,153 0.021% 4,056 0.016%
OTHER FISH 8,141 0.021% 4,121 0.016%
STURGEONS 7,478 0.019% 9,107 0.036%
SQUIDS (NS) 6,722 0.017% 3,243 0.013%
SHAD, AMERICAN 5,226 0.013% 2,313 0.009%
SHARK,SANDBAR 5,146 0.013% 1,851 0.007%
MENHADEN 5,070 0.013% 314 0.001%
SHARK,NK 4,848 0.012% 2,654 0.011%
FLOUNDER, AM. PLAICE 4,384 0.011% 5,819 0.023%
MACKEREL, SPAN 4,316 0.011% 2,811 0.011%
WOLFFISHES 3,480 0.009% 2,100 0.008%
WHITING, KING 3,314 0.009% 858 0.003%
DOGFISH SMOOTH 3,157 0.008% 1,062 0.004%
SHARK, PORBEAGLE 2,712 0.007% 1,481 0.006%

21 November 1 N5 107

Table 29 (continued). Landings by species for all otter trawl trips harvesting 100 pounds or more of black sea
bass, 1992.
Species % Species %
of Total of Total
rnmmnn Namp Pnnnd-q* Pnilryl Vallip Vallip
JOHN DORY 2,479 0.006% 1,503 0.006%
WHELK, CHANNELED 2,126 0.005% 2,072 0.008%
WHELK, KNOBBED 2,027 0.005% 907 0.004%
HERRING (NK) 1,409 0.004% 196 0.001%
SPOT 1,227 0.003% 168 0.001%
BONITO 1,097 0.003% 365 0.001%
CUNNER 732 0.002% 66 0.000%
SHEEPSHEAD 655 0.002% 167 0.001%
SPADEFISH 640 0.002% 606 0.002%
BASS, STRIPED 611 0.002% 1,075 0.004%
FLOUNDERS (NK) 510 0.001% 335 0.001%
SHARK, THRESHER 412 0.001% 131 0.001%
COBIA 302 0.001% 316 0.001%
MULLETS 275 0.001% 73 0.000%
CRAB,BLUE 242 0.001% 99 0.000%
CRAB,ROCK 227 0.001% 225 0.001%
OCTOPUS 224 0.001% 189 0.001%
HADDOCK 177 0.000% 173 0.001%
TRIGGERFISH 157 0.000% so 0.000%
DRUM,BLACK 121 0.000% 61 0.000%
HALIBUT, ATLANTIC 113 0.000% 196 0.001%
REDFISH 76 0.000% 30 0.000%
SHARK, BLACK TIP 65 0.000% 21 0.000%
MACKEREL, KING 60 0.000% 46 0.000%
DRUKRED 58 0.000% 17 0.000%
AMBER JACK 38 0.000% 24 0.000%
SHARK,DUSKY 38 0.000% 11 0.000%
ALEWIFE 31 0.000% 2 0.000%
WEAKFISH, SPOTTED 21 mrm% JA n-nm%

Total 38,785,381 100.000% 25,182,166 100.000%

Note: Records with unknown vessel identity were excluded.
Number of Trips = 1, 132.

Source: 1992 NMFS weighout data.

21 November 190 108

Table 30. Estimated cost'data for otter travAers that operated in the US mackerel fishery from 1989-1991 by
gro... tonnage,

Vessel Size
Item
% % %

Fixed Costs
Gear 8,902 22.43 14,095 15.12 33,407 19.46
Electronics 3,509 8.84 3,385 3.62 8,352 4.87
Engine 3,123 7.87 9,216 9.88 26,951 15.70
Other hull costs 4,038 10.17 5,090 5.46 6,170 3.59
Insurance 7,800 19.65 21,095 22.63 34,256 19-95
Q11htntSkI 27,372 68.95 52,881 56.72 109,146 63.57

Variable costs
Fuel 6,371 16.05 26,624 28.56 42,656 24.84
Ice 3,534 8.90 7,584 8.13 11,160 6.50
Food 2,418 6.09 6,144 6.59 8,730 5.08
-q1 I htnta 1 12,323 31.04 40,352 43.28 62,546 36.43

Total 39,695 100 93,233 100 171,692 100.

All values are in 1987 dollars.
2 G RT =gross registered tonnage.

Source: Adapted from Walden 1993.

Table 31. Estimated number of party and charter boats operating along the Atlantic Coast and associated
revenues by state, 1985.

Revenues
-qt,%tp rhartar EaEty (-nm 1 mr, Sj

Maine 35 10 2,696
Now Hampshire 19 21 3,226
Massachusetts 136 41 10,717
Rhode Island 78 6 4,164
Connecticut 46 15 3,753
Now York 300 100 24,723
Now Jersey 375 100 28,074
Delaware so 12 2,511
Maryland 221 109 11,307
Virginia 200 30 5,196
North Carolina im JD 4,17A

Total 1,626 454 100,723

Source: Sport Fishing Institute 1988.

21 November 1995 109

Table 32. Average total cost' for a day trip, by mods for selected states (1980-1989).

Rtato pier Rant-h PAdy rharta Rantal Privatp

Now York $16.09 $13.77 $43.35 $59.88 $78-19 $44.38

Now Jersey 21.10 16.32 45.36 146.66 92.41 40.93

Delaware 34.15 44.44 69.69 73.66 b 40.33

Maryland 21.71 23.31 57.27 181.08 52.25 41.19

Virginia 20.14 15.20 36.00 74.00 122.47 44-50

North Carolina 24.85 18.69 137.00 222.81 237.03 53.03

' Travel and services (services might be composed of a combination of the following: costs for bait, tackle,
cleaning, fuel, pier fees, and boat fees).
' Not enough observations for precise estimates.

Source: Adapted from Strand et ah 1991.

Table 33. Charter and party boat survey distribution and returns. 1990.

Number Usable Non-usable
Rtatp sent ratirn ratt irn-q

M E 24 5 1
N H 21 5
MA 80 17 9
Rl 15 7 2
CT 17 4 2
NY 92 24 3
NJ 159 51 6
PA 16 7 1
DE 14 3 -
M D 4 2
VA 143 44 5
NC 1 1 -
FL a 2 1

Total 592 172 30

V Nonffdw 1995 110

Table 34. Relative Customer Interest and Success in Catching Selected Species in 1989. 0 - Low, 2
Somewhat Low, 3 Moderate, 4 Somewhat High, and 5 - High).

r-hartar hnats PArW hnj%t

Interest success Interest Success
(mann) (mann) (mnan) impan)

Large pelagics (marlin, tunas) 3.9 2.4 3.1 2.8
Sharks (other than dogfish) 3.2 2.4 2.1 1.9
Bluefish 3.9 3.9 4.6 4.0
Atlantic mackerel 2.4 3.0 3.5 3.5
Summer flounder 3.2 1.9 3.6 1.5
Scup 1.4 1.7 2.2 2.0
Black sea bass 2.1 2.6 3.2 2.9
Hakes 1.4 1.6 2.3 2.5
Groundfish (cod, haddock, yellowtail) 3.0 2.6 3.0 2.4
Weakfish 3.1 1.7 3.3 1.7
Striped bass 3.7 2.5 3.5 1.7
Other:spot 4.6 3.9 4.7 3.4

Table 35. Party and Charter Boat Operating Experience In 1985 and 1989.

Charter Party
1985 1989 1985 1989
Irriskan) Imann) Impan) Impsm)

Ave. number of trips per year 57.0 50.0 142.0 130.0
Ave. number of trips per day OR 1.0 1.0 1.3 1.4
Ave. number of days per trip 1.1 1.1 1.2 1.3
Ave. number days fishing per week 3.2 3.1 5.0 4.6
Ave. number of anglers per trip 5.2 5.1 20.9 19.5
Ave. trip price per customer ($) 121.8 149.5 26.2 29.2
Ave. number of fish Taken per customer 10.9 8.3 15.2 9.9
Ave. number of crew members 1.4 1.4 2.1 2.0
Ave. cost of fuel & supplies 96.1 131.1 113.3 146.6
t

21 Novet. ber 1995

Table 36. The percent of measured black sea bass (TL) less than a given size based on 1990-1992 MRFSS
Intercept data.

ST 2 a 9 ID 11 12 N

ME - - - -
NH - - -
MA 2 7 2.7 2.7 5.5 8.2 19.2 73
RI 0 0 1.7 6.7 21.7 40.0 53.3 60
CT 6 7 20.0 40.0 53.3 73.3 86.7 15
NY 1 4 5.8 14.4 33.0 47.8 71.5 737
NJ 4.4 20.1 38.1 54.4 69.5 80.4 2047
DE 3.6 13.8 33.3 55.2 74.1 86.2 1380
MD 2.1 7.3 19.3 41.0 62.4 78.5 703
VA 5.0 11.3 22.8 38.5 55.0 72.1 1812
NC 2.4 11.0 27.5 46.2 60.8 73.0 1127

TOTAL 3.6 12.9 27.8 45.9 62.4 76.7 7954

Table 37. The percent reduction in exploitation associated with various size limits for black sea bass, 1990-
1992. The reductions are based on measured fish from the MRFSS survey and assume a post-release mortality
of 25%.

A67a (3:1-) P-B

8 10.1
9 21.0
10 34.4
11 46.9
12 57.8

21 November I M 112

Table 38. The percent of successful anglers landing I to 150 black sea bass (MRFSS A fish) per day,
coastwide. 1990-92.

Cumulative Cumulative
r PFR T Fraquanry Parrant Fraqnanry Pare-nnt

1 1810 51.5 1810 51.5
2 426 12.1 2236 63.6
3 256 7.3 2492 70.9
4 177 5.0 2669 76.0
5 139 4.0 2808 79.9
6 81 2.3 2889 82.2
7 53 1.5 2942 83.7
8 91 2.6 3033 86.3
9 47 1.3 3080 87.7
10 85 2.4 3165 90.1
11 4 0.1 3169 90.2
12 14 0.4 3183 90.6
13 16 0.5 3199 91.1
14 19 0.5 3218 91.6
15 43 1.2 3261 92.8
16 9 0.3 3270 93.1
17 39 1.1 3309 94.2
18 2 0.1 3311 94.2
19 3 0.1 3314 94.3
20 15 0.4 3329 94.8
21 19 0.5 3348 95.3
22 12 0.3 3360 95.6
23 8 0.2 3368 95.9
24 13 0.4 3381 96.2
25 9 0.3 3390 96.5
27 a 0.2 3398 96.7
28 9 0.3 3407 97.0
30 33 0.9 3440 97.9
31 4 0.1 3444 98.0
32 3 0.1 3"7 98.1
35 3 0.1 3450 98.2
36 1 0.0 3451 98.2
38 8 0.2 3459 98.5
40 2 0.1 3461 98.5
45 9 0.3 3470 98.8
48 5 0.1 3475 98.9
49 1 0.0 3476 98.9
50 7 0.2 3483 99.1
52 2 0.1 3485 99.2
57 2 0.1 3487 99.3
60 9 0.3 3496 99.5

21 November 1995 113

Table 38 (continued). The percent of successful anglers landing 1 to 150 block sea bass (MRFSS A fish) per
day, coastwide, 1990-92. Cumulative Cumulative
r PFR T FraqttAnny Part-fint Fraqt agincy Pprt-pnt

61 1 0.0 3497 99.5
63 4 0.1 3501 99.7
68 2 0.1 3503 99.7
74 1 0.0 3504 99.7
76 1 0.0 3505 99.8
90 1 0.0 3506 99.8
100 2 0.1 3508 99.9
105 1 0.0 3509 99.9
120 1 0.0 3510 99.9
135 2 0.1 3512 100.0
150 1 0.0 3513 100.0

21 November 1995 114

Table 39. The percent reduction In exploitation associated with various possession limits for black sea bass,
1990-1992. The reductions assume a post-release mortality of 25%.

Limit P-B

1 67.5
2 59.1
3 52.8
4 47.7
5 43.5
6 40.0
7 36.9
8 34.1
9 31.7
10 29.6
11 27.8
12 26.1
13 24.5
14 22.9
15 21.5
16 20.2
17 19.0
18 18.0
19 17.0
20 16.0
21 15.1
22 14.3
23 13.5
24 12.8
25 12.2
26 11.6
27 10.9
28 10.4
29 9.9
30 9.3
31 9.0
32 8.6
33 8.3
34 8.0
35 7.6
36 7.3
37 7.0
38 6.7
39 6.4
40 6.2
41 5.9
42 5.7
43 5.4
44 5.1
45 4.9
46 4.7
47 4.5
48 4.2
49 4.1
50 3.9

21 November 1995 115

Table 40. Black Sea Bass recreational landings by wave, 1990-1992 combined.

% of
WAVOI low

J-F 1.6
M-A 4.5
M-J 22.1
J-A 19.7
S-0 29.6
N-D 22.5

Table 41. The percent of measured black sea bas a (TL) less than a given size based on 1983-1991 NEFSC
weighout data.

Yaw < 7 Q A-0 q- 1 n-n <11-0 <12

1983 0.2 5.5 19.3 50.5 66.2 81.1 3,219
1984 0.3 3.1 9.9 28.5 42.0 64.0 3,841
1985 0.0 2.1 13.3 38.5 51.5 62.i 2,509
1986 0.2 7.3 20.1 40.6 50.0 60.1 2,922
1987 0.0 4.6 13.3 35.4 46.0 56.8 1,545
1988 0.1 2.7 9.5 25.5 38.3 61.8 1,376
1989 0.0 6.9 17.0 30.7 44.4 64.2 883
1990 0.0 1.1 7.0 28.5 42.9 69.4 1,142
1991 0.0 2.9 19.0 42.4 50.6 62.2 735

Table 42. The percent of measured black sea bass (TL) less then a given size based on 1983-1991 NEFSC
weighout data for each state.

qtAtA < 2 < R-() < q- < I t)- <11- < 12-0 N

MA 0.0 0.0 0.0 0.0 0.0 5.1 313
RI 0.0 0.0 2.6 14.5 20.4 31.7 2,136
CT 0
NY 0.0 0.0 0.0 5.6 16.2 37.1 197
NJ 0.2 5.2 18.8 46.4 60.7 77.6 9,950
DE 0
MD 0.1 2.5 13.6 33.5 45.9 65.8 966
VA 0.2 4.7 12.5 30.7 44.1 61.1 4,610

21 November 1995 116

Table 43. The percent of measured black son bass (TU less than a given size based on 1983-1991 NEFSC
weighout data for each major gear type.

Clow 7- A- < A-0 < in-n <Il- e12-

OtterTrawl 0.2 3.3 10.8 29.6 42.0 59.5 13,374
Floating Traps 0.0 0.0 0.0 1.0 8.7 31.6 206
Potsfrraps; 0.1 7.1 25.8 59.3 73.0 85.1 4,592

Table 44. The percent Of Measured black sea bass (TL) less than a given size based on 1982-1992 North
Carolina winter trawl data.

YAM < 7- -q- In- <ji-n < 12-

1982-1983 0.3 4.5 26.3 53.3 70.5 82.6 38,239
1983-1984 0.3 2.5 17.1 41.2 63.8 77.4 94,048
1984-1985 2.4 9.8 22.7 43.2 59.4 71.0 175,099
1985-1986 0.2 13.7 38.4 54.9 69.1 77.2 105,684
1986-1987 1.5 5.1 26.9 56.2 75.2 82.4 108,696
1987-1988 1.8 11.6 38.9 61.3 73.6 82.6- 120,197
1988-1989 0.4 5.8 .23.1 49.0 68.7 79.9 29,927
1989-1990 0.2 6.6 27.1 55.8 74.5 85.7 153,044
1990-1991 0.8 11.7 34.3 56.0 71.4 84.9 5,832
1991-1992 0.0 3.8 25.6 56.9 83.7 94.0 83,885

21 November 1995 117

Table 45. The length at which 25% of the black sea bass would be retained by a particular mesh size.
Estimates represent L..,'s and are based on retention lengths as calculated from the body depth/total length
relationship for black sea bass derived by Weber and Briggs (1983).

Mesh Total
I annth

2.0 4.0
2.5 5.3
3.0 6.6
3.5 7.9
4.0 9.3
4.5 10.6
5.0 11.9

Table 46. Catch Composition M for Black Sea Bass Otter Trawl Trips, 1983-1987 Average.

> 0 > 100 > 250 > 500 > 1 1000
Rperip I h-QrTr*p I hq/Tre I h4tfTr*p I hc/Trip I. hnfTrap

Black Sea Bass 2 4 5 12
Scup 16 29 37 34 41
Bluefish 1 2 2 4 5
Butterfish 7 4 5 9 4
Croaker 0 1
Winter flounder 4 1
Summer flounder 29 24 is 13 6
Mackerel 4 13 7 3 3
Weakfish 1
Tautog
Whiting 9 3 3 3 5
Lobster
Sea scallop
Loligo 15 17 19 26 22
Other 11 4 3 3 2

Trips 11,357 1,154 478 216 72

* =less than 0. 5 - =zero.
Source: NMFS NEFC weighout data.

21 November I M 118

Table 47. The percent of otter trawl vessels, trips, and associated pounds for a given threshold (pounds) of
black sea bass landings, 1992.

Threshold
PnIindn VA-Q-qPI Idps 12mirwin

> - 1 100 100 100
* =100 62 34 95
* =200 54 24 90
* -300 47 18 85
> -400 42 14 81
* -500 36 12 78
* =600 32 10 75
> = 800 26 7 68
> = 1000 24 6 64
> = 5000 5 1 32
> = 10000 3 0 18

Source: Unpublished NMFS General Canvass Data.

Table 48. The number of otter trawl vessels, trips, and associated pounds for a given threshold (pounds) of
Lofigo landings, 1992.

Thrp-qhniel VPqqPI Mrips Pntind

> =1 383 5608 39548368
* =200 313 3794 39426206
* =400 283 3187 39252701
> =600 260 2806 39066885
* =800 245 2529 38875824
> =1000 229 2352 38716974
> =2500 172 1644 37605209
> =5000 139 1159 35857109

> =10000 110 719 32697193

Source: NMFS weighout data.

Table 49. The percent of otter trawl vessels, trips, and associated pounds for a given threshold (pounds) of
Lofigo landings, 1992.

Thrachnid Vey-gal IdpS Pno ind

> -1 100 100 100
> =200 82 68 100
> =400 74 57 99
> -600 68 50 99
> -800 64 45 98
> =1000 60 42 98
> =2500 45 29 95
> =5000 36 21 91

> -10000 29 13 83

Source: NMFS weighout data.

21 November 1995 119

Table 50. Landings by species for all otter travA trips harvesting 2,500 pounds or more of Lofigo. 1992.

Species % Species %
of Total of Total
Comman Mama Pntanda* pnilmilt vffidtlft VA1110
SQUID (LOLIGO) 37.WS,209 48.981% 21,946,834 S1.956%
HAKE, SILVER 9,431,248 12.254% 4.082,811 9.665%
MACKEREL, ATLANTIC 7.063,093 9.177% 1,214,848 2.876%
SCUP 4,685,335 6.088% 3,188,156 7.543%
BUTTERFISH 3,983,006 5.176% 2.510,065 5.942%
SQUID 1ILLEX) 3.983,974 5.150% 1.137,752 2.693%
FLOUNDER. SUMMER 2,19S.269 2.852% 3,595,796 8.513%
ANGLER 1,379,661 1.793% 922,119 2.183%
BLUEFISH I'llso'eas 1.49S% 297,213 0.680%
HAKE,RED 1,114,031 1."7% 303,351 0.718%
FLOUNDER, WINTER 1,008,942 1.311% 969,747 2.296%
SKATES UNC 641,492 0.834% 64,277 0.152%
SEA BASS, BLACK 502,602 0.853% 458,282 1.080%
HERRING, ATLANTIC 428,410 0.557% 38,235 0.091%
FLOUNDER, YELLOWTAIL 393,679 0.512% 405,059 0.959%
COD 218,049 0.283% 204,273 0.484%
DOGFISH (NK) 190,695 0.248% 25,416 0.060%
TILEFISH 175,398 0.228% 97,953 0.232%
WEAKFISH, SQUETEAGUE 96,904 0.126% 92,866 0.220%
EEL, CONGER 93,578 0.122% 19,914 0.047%
TAUTOG 93,516 0.122% 59,635 0.141%
FLOUNDER, WITCH 89,113 0.116% 109,019 0.258%
LOBSTER 72,531 0.094% 277,736 0.657%
HAKE, WHITE 85,308 0.085% 23,264 0.055%
POUT,OCEAN 51,657 0.067% 8,S48 0.020%
WHITING, BLACK 40,206 0.052% 10,258 0.024%
SEA ROBINS 39,423 0.051% 10,135 0.024%
FLOUNDER, SAND-DAB 21,551 0.028% 6,172 0.015%
OTHER FISH 20,590 0.027% 824 0.002%
SCAIIOP,SEA 19,941 0.026% 101,002 0.239%
DOGFISH SPINY 16,350 0.021% 1,512 0.004%
OTHER FISH 10,387 0.013% 4,746 0.011%
POLLOCK 10,066 0.013% 5,266 0.012%
CONCHS 91005 0.012% 11,410 0.027%
CROAKER, ATLANTIC 618" 0.009% 1,383 0.003%
STURGEONS 6,338 0.008% 7,469 0.018%
FLOUNDER. AM. PLAICE 5,954 0.008% 7,768 0.018%
SHAD, AMERICAN 5.762 0.007% 2,398 0.006%
DOGFISH SMOOTH 5.349 0.007% 1.782 0.004%
SHARK,SANDBAR 5,225 0.007% 1,859 0.004%
SQUIDS (NS) 5,209 0.007% 2,738 0.006%
MENHADEN 4,900 0.006% 294 0.001%
JOHN DORY 4,490 0.006% 2,502 0.006%
MACKEREL, SPAN 4.141 0.005% 2,730 0.006%
WHITING, KING 4,102 0.005% all 0.002%
WOLFFISHES 3,802 0.005% 2,304 0.005%

21 November 105 120

Table 50. (continued). Landings by species for all otter trawl trips harvesting 2,500 pounds or more of Lofigo,
1992.

Species species %
of Total of Total
Common Name pn1jrWh%* Pnoinda VAlkift VAltjok

HADDOCK 3,335 0.004% 747 0.002%
SWORDFISH 2.829 0.004% 8,022 0.019%
PUFFER, NORTHERN 2,313 0*00311 1.237 0.003%
BONITO 1,946 0.003% 623 0.001%
HERRING INK) 11506 0.002% 240 0.001%
SHARK,NK 1,460 0.002% 1,664 0.004%
SHARK.THRESHER 1,400 0.002% 1.076 0.003%
REDFISH 889 0.001% 523 0.001%
BASS, STRIPED 698 0.001% 1,214 0.003%
SHARK, BLACK TIP 686 0.001% 120 0.000%
CUNNER 598 0.001% 51 0.000%
SHARK,DUSKY S82 0.001% 91 0.000%
CRAB, JONAH 425 0.001% 309 0.001%
COBIA 207 0.000% 267 0.001%
CRAB,ROCK 172 0.000% 170 0.000%
SPOT 170 0.000% 42 0.000%
TRIGGERFISH 145 0.000% as 0.000%
FLOUNDER,FOURSPOT 102 0.000% 19 0.000%
SHARK,PORBEAGLE 97 0.000% 52 0.000%
FLOUNDERS INK) 59 0.000% so 0.000%
CRAB,HORSESHOE 40 0.000% 4 0.000%
ALEWIFE 31 0.000% 2 0.000%
HALIBUT. ATLANTIC 29 0.000% 40 0.000%
SHARK, MAKO SHORTFIN 15 0,000% 48 0.000%
MACKEREL, KING 10 0.000% 9 0.000%
TUNA, ALBACORE 9 0.000% 4 0.000%
CUSK 6 0.000% 2 0.000%
WHELK, CHANNELED 6 0.000% 5 0.000%
WHELK, KNOBBED a 0 nm% A A-M00A

Total 76,962,949 100.000% 42,241,243 100.000%

Note: Records with unknown vessel identity were excluded.
Number of Trips w 1,644.

Source: NMFS Weighout date.

21 November 1995 121

Table 51. The number of otter travW vessels, trips, and associated pounds for a given threshold (pounds) of
scup landings, 1992.

Throw-thnid VAQQAI Irips 12mind

>.= 1 394 4135 9220675
>= 200 287 1961 9120186
> = 400 255 1607 9018579
> = 600 230 1408 8922550
>= 800 217 1262 8822145
> = 1000 203 1155 8726706

> = 5000 99 401 6976707

> = 10000 60 213 5648598

Source: NIVIFS weighout data.

Table 52. The percent of otter travA vessels, trips, and associated pounds for a given threshold (pounds) of
scup landings, 1992.

ThrA-QhnId Vagnpi MdPS PnIInd

> =1 100 100 100
* =200 73 47 99
* =400 65 39 98
* =600 58 34 97
* =800 55 31 96
> =1000 52 28 95

> =5000 25 10 76

> =10000 15 5 61

Source: NMFS weighout data.

21 November 1995 122

Table 53. Landings by species for all *cup - otter trawl trips harvesting 1,000 pounds or more of scup, 1992.

Species % Species %
of Total of Total
r-nmmnn Nama Pntjry1_q* Pn[Ind Vallin VAIIIA

SQUID (LOLIGO) 13,018,782 29-350% 7,284,066 30.199%
SCUP 8,726,706 19.674% 5,359,489 22.220%
MACKEREL, ATLANTIC 6,154,322 13.874% 937,815 3.888%
HAKE, SILVER 6,005,925 13.540% 2,621,675 10-869%
FLOUNDER, SUMMER 1,756,288 3.959% 2,893,398 11.996%
BUTTERFISH 1,327,231 2.992% 735,860 3.051%
ANGLER 1,072,460 2.418% 786,734 3.262%
BLUEFISH 1,057,301 2.384% 265,791 1.102%
FLOUNDER, WINTER 1,028,547 2.319% 989,719 4.103%
HAKE,RED 818,438 1.845% 215,078 0.892%
SKATES UNC 707,300 1.595% 70,080 0.291%
SEA BASS, BLACK 527,857 1.190% 485,966 2.015%
HERRING, ATLANTIC 394,617 0.890% 27,616 0.114%
FLOUNDER, YELLOWTAIL 283,940 0.640% 282,531 1.171%
COD 214,515 0.484% 190,671 0.791%
SQUID (ILLEX) 165,623 0.373% 42,347 0.176%
WEAKFISH, SQUETEAGUE 159,393 0.359% 122,011 0.506%
TAUTOG 153,497 0.346% 87,188 0.361%
DOGFISH (NK) 101,820 0.230% 17,607 0.073%
DOGFISH SPINY 99,319 0.224% 10,701 0.044%
LOBSTER 86,447 0.195% 313,335 1.299%
TILEFISH 63,173 0.142% 43,101 0.179%
EEL, CONGER 58,399 0.132% 15,301 0.063%
FLOUNDER, WITCH 54,691 0.123% 63,336 0.263%
FLOUNDER, SAND-DAB 47,298 0.107% 13,090 0.054%
SEA ROBINS 40,407 0.091% 9,945 0.041%
POUT,OCEAN 34,588 0.078% 5,396 0.022%
SCALLOP,SEA 32,234 0.073% 152,331 0.632%
HAKE, WHITE 30,625 0.069% 11,346 0.047%
OTHER FISH 20,590 0.046% 824 0.003%
CRAB,HORSESHOE 16,420 0.037% 1,675 0.007%
OTHER FISH 12,539 0.028% 8,407 0.035%
STURGEONS 9,249 0.021% 10,213 0.042%
CONCHS 8,872 0.020% 14,242 0.059%
SQUIDS (NS) 8,833 0.020% 4,459 0.018%
MENHADEN 8,545 0.019% 541 0.002%
CRAB, JONAH 8,151 0.018% 3,575 0.015%
FLOUNDERS (NK) 6,510 0.015% 4,235 0.018%
SHAD, AMERICAN 6,473 0.015% 2,304 0.010%
POLLOCK 4,540 0.010% 2,709 0.011%
MACKEREL, SPAN 4,211 0.009% 2,764 0.011%
BONITO 3,570 0.008% 1,219 0.005%
WHELK, KNOBBED 2,511 0.006% 1,365 0.006%
PUFFER, NORTHERN 2,313 0.005% 1,222 0.005%
SHARK,NK 1,785 0.004% 1,092 0.005%
WHELK, CHANNELED 1,193 0.003% 777 0.003%

21 November 1995 123

Table 53 (continued). Landings by species for all scup - ofter trawl trips harvesting 1,000 pounds or more of
scup, 1992.
Species % Species %
of Total of Total
rnmrnnn Namp PntirvigO Pnieryl VAIIIA vskillp

JOHN DORY 1,026 0.002% 472 0.002%
BASS, STRIPED 940 0.002% 1,603 0.007%
FLOUNDER, AM. PLAICE 850 0.002% 554 0.002%
CUNNER 757 0.002% 66 0.000%
HERRING INK) 706 0.002% 101 0.000%
WHITING, KING 699 0.002% 180 0.001%
SHARK, PORBEAGLE 687 0.002% 195 0.001%
SHARK,SANDBAR 556 0.001% 200 0.001%
WHITING, BLACK 515 0.001% 155 0.001%
SHARK, THRESHER 365 0.001% 102 0.000%
WOLFFISHES 340 0.001% 217 0.001%
SHARK, TIGER 321 0.001% 69 0.000%
CRAB,ROCK 227 0.001% 225 0.001%
CROAKER, ATLANTIC 171 0.000% 40 0.000%
REDFISH 165 0.000% 84 0.000%
PERCH, WHITE 160 0.000% 42 0.000%
TRIGGERFISH 145 0.000% 68 0.000%
HADDOCK 137 0.000% 122 0.001%
SWORDFISH 72 0.000% 243 0.001%
AMBER JACK 38 0.000% 24 0.000%
ALEWIFE 31 0.000% 2 0.000%
SPOT 20 0.000% 5 0.000%
DOGFISH SMOOTH is 0.000% 8 0.000%
COBIA 15 0.000% 15 0.000%
SHARK,DUSKY 14 0.000% 4 0.000%
HAKE MIX RED & WHITE 5 0.000% 2 0.000%
CRAB,BLUE B n-"OA 2 n-M0%

Total. 44,357,093 100.000% 24,119,947 100.000%

Note: Records with Vessel identity unknown were excluded.
Number of Trips 1, 155.

Z Novenibw 1995 124

Table 54. The total length (inches) at which 50% of the black sea bass would be retained M.) by a fish trap
fitted with escape vents (inches). The vent size in the table Is the width of a rectangluar vent that was also 6"
In length. The derived fish lengths are based on the results of a Mid-Atlantic Council study conducted in 1994.

MAW LW

1.125 8.7
1.250 10.1
1.375 11.5
1.500 12.0

Table 55. The minimum theoretical size of black sea bass (TL inches) that would be retained by a fish trap
fitted with escape vents (inches). The derived lengths are based on the body depth/total length relationship for
black sea bass derived by Weber and Briggs (1983).

Vent
nsnm#4tA

1.9 7
2.2 8
2.5 9
2.76 10
3.0 11
3.31 12

21 November 1%5 125

Table 56. Estimated commercial black sea bass landed value as a percentage of the total port landings for all
species for selected ports from Gloucester, Massachusetts, to Hampton Roads, Virginia, all gears combined,
1992.

Pnrt rgnatp RSR nf Pnrt Vahm'

Ocean City 4.69
Cape May 2.02
Hampton Roads 1.66
Freeport/Brooklyn 0.85
Montauk 0.62
Monmouth 0.61
Point Judith 0.35
Barnstable 0.13
Pt. Pleasant 0.13
Stonington 0.10
Barnegat Light 0.10
Other Wash. 0.07
New Bedford 0.00
Gloucester 0.00

Source: Adapted from Finlayson and McCay, 1994.

*Ports for which there is confidential data have been removed.

Table 57. Estimated commercial black sea bass landed value as a percentage of the of total port landed value
of black sea bass for selected ports from Gloucester, Massachusetts, to Hampton Roads, Virginia, all gears
combined, 1992.

Pnrt rrntip RqR nf Pnrt Value

Cape May 27.08
Hampton Roads 19.58
Ocean City 13.59
Montauk 6.15
Point Judith 4.57
Monmouth 2.17
Barnstable 1.49
Newportl 0.38
Freeport/Brooklyn 1.28
Pt. Pleasant 0.75
Other Wash. 0.53
Samegat Light 0.33
Stonington 0.27
Now Bedford 0.04
Gloucester 0.00

Source: Adapted from Finlayson and McCay, 1994.

*Ports for which there is confidential data have been removed.

21 November IN5 126

Table 58. Estimated percentage of commercial landings of black sea bass by port and gear for selected ports,
199r.

PjXt Pnr-t/ntan All RRR

Cape May Pots 87.37% 16.85%
OT 1.76% 9.31%

Ocean City H&L 53.21% 0.21%
Pots 90.73% 12.34%

Hampton Roads H&L 97.65% 6.32%
OT 3.44% 13.05%

Source: Adapted from Finlayson and McCay, 1994.

'Criteria for port selection (ports considered ranged from Gloucester, MA, to Hampton Roads, VA): Percent
landed value of all fish caught per gear type, per port (> 5 %); percent landed value of all black sea bass caught
in the region (> 5 %), 1992.

b
Legend: H&L = hook and line; OT = otter trawls; pots = pots, fish pots, lobster pots.

Note: An example of how to read this table: 1) Black sea bass represented 87.37% of the landed value of fish
caught with pots in Cape May, NJ, and Cape May pots caught 16.85% of the landed value of black sea bass
throughout the region, or 2) the otter trawlers landing at Cape May caught 9.31 % of the landed value of black
sea bass in the larger region; black sea bass represented 1 .76 % of the landed value of fish caught by otter
trawls in Cape May.

21 November 1995 127

Table 59. Cateceans and Turtles found in Survey Area.

Est. Mini mum Number Endan- Threat-
Srinntifir nama rnmmnn namp n Rtnely Arpst cared PnPel

LARGE WHALES ..
Balaenoptera physalus fin whale 1,102 x
Megaptera novaeangliae humpback whale 684 x
Balaenoptere acutorastrata minke whale 162
Physeter catodon sperm whale 300 x
Eubalaena glacialis right whale 29 x
Baleenoptere borealis sei whale 109 x
Orcinus orca killer whale unk

SMALL WHALES
Tursiops truncatus bottlenose dolphin 6,254
Globicephala spp. pilot whales 11,448
Lagenorhynchus acutus Ati. white-sided dolphin 24,287
Phocoena harbor porpoise 2,946
Grampus griseus grampus (Risso's) dolphin 10,220
Delphinus delphis saddleback dolphin 17,606
Stenella spp. spotted dolphin 22,376
Stenella coeruleoalba striped dolphin unk
Lagenorhynchus albirostris white-beaked dolphin unk
Ziphius cavirastris Cuvier's beaked dolphin unk
Stenella longirostris spinner dolphin unk
Steno bredenensis rough-toothed dolphin unk
Delphinapteras leucas beluga unk
Mesoplodon spp. beaked whales unk

TURTLES
Caretta caretta loggerhead turtle 4,017 x
Dermochelys coriacea leatherback turtle 636 x
Lep;dochelys kempi Kemp's ridley turtle unk x
Chelonia mydas green turtle unk x

Source: University of Rhode Island 1982.

21 November 1995 128

Table 60. Overview of State low a for black sea bass, Maine to North Carolina. (Note that this table is only a
summary of State regulations. Rshermen should contact State agencies to obtain a complete copy of regulations
applicable to black sea bass In their State.)

Maine

Size limits none.

Gear
restrictions 5.5" minimum mash size for trawls, scottish seines, bottom-tending gillnets and
bottom-tending seines. Regulations exist regarding the placement of stop seines and
fish weirs. Additional gear/season restrictions for specific locations are detailed in
Department regulations.

Area closures Groundfish spawning closure in Booth Bay and Sheepscot Bay from May 1 to June
30.

Seasons See above.

Ucenses A commercial license is required for the harvest, transport, and sale of fish that are
not for personal use: $33 for individual, resident operators; $89 for resident operator
with crew; $334 for nonresident operator and crew. No license is required for fish
taken with.hook and line for personal use. There is no fecreational license, except
for Atlantic Salmon.

Other Nonresidents are required by law to report all groundfish catches.

Now Hampshire

Size limits none.

Gear
restrictions Mobile fishing gear may not be used in state waters between April 16 and Dec 14.
Use of trawls and drag seines are prohibited in Piscataque River or its tributaries
north of the Portsmouth Memorial Bridge.

Area closures See above

Seasons none.

Ucenses Resident commercial saltwater fishing license: $26; no sport fishing license.
Residents are not required to have a license to sell fish caught by hook and line, but
a $200 minlrnum license fee is required for nonresidents.

Massachusetts

Size limits As of January 1, 1995: 12' recreational and commercial; (All are possession
restrictions; total length measurements.)

Gear
restrictions Minirnum mash sizes for mobile trawl gear:
North of Cape Cod:

21 November 1995 129

6* required year-round. Permitted small mesh exemptions are allowed for
underutilized species (e.g. dogfish, ocean pout) with no bycatch of regulated
species.
South of Cape Cod-
5.5' required Nov. 1 - April 23.
4.5' required June 1 - Oct. 31.
No minimum required April 23 - June 1 (squid season).
East of Cape Cod:
6" required year round.

There is a special black sea bass moratorium permit for pots (no new permits are
being issued), and a pot limit of 200 or 350 if two permit holders fish from the same
vessel. Gillnets may not exceed 2,400 feet; mesh size of gillnets must be greater
than 6" stretched measure.

Area closures Buzzards Bay is closed to trawling year-round. State waters from Nauset Light
around Monomoy west to Succonessett Point, Mashpee are closed to trawling from
May 1 - Oct. 31. All waters south of Cape Cod banned to gillnetting April I - Nov.
15. (See Mass. regulations for additional closures.)

Seasons See above

Licenses Commercial fishing licenses: Vessel license ranges from $130 to $260, dep! nding
on length; license for individuals = $65 each. There is no sport license I f
caught for personal use.

A license to sell fish caught with hook and line is $35, and applies to any individual
selling fish.

Other Night trawling prohibited 1/2 hour after sunset to 1/2 hour before sunrise from
March 1 - Oct. 31 and from 6 am- 6 pm from Nov. 1 - Feb. 28. Also, the bycatch of
finfish in the lobster fishery may not exceed the catch of lobster (by weight).

Rhode Wand

Size limits 10" total length measurement which applies to both commercial and recreational
fishermen.
Gear Trawling is prohibited in the upper portion of Narragansett Bay from Nov 1
restrictions - July 1;
5" cod end minimum mesh size in a portion of central Narragansett Bay from Nov
1 - Feb 28. Numerous specific gillnet regulations by geographic location and season;
trap and fyke net regulations regarding leaders, distance from shore, distance
between traps, etc. Each person utilizing traps or pots in the fishery for finfish are
lin*W to no more then 50 pots, and each vessel is limited to 50 pots regardless of
the number of license holders on board. In addition, finfish traps (pots) must be
constructed with escape openings which may be circular (minimum 2 3/8"
diameter), rectangular (11 7/80 X 5 3/40 minimum) or of square mesh wire at least
2 1/4" X 2 1/4".

Area closures Numerous restrictions on the location of traps off the Island of Rhode Island, the
Sakonnet River, and in Narragansett Say. Cannot set, haul, and/or maintain a seine
within 0.5 mile of the seaward entrance of several ponds/rivers; significant portion
of the state is closed to various forms of netting.

21 November INS 130

Seasons Fish traps must be out of the water Jan 1 - and of Feb.

Licenses Multipurpose commercial licenses allow for harvest and sale of fish: $150, with
additional fees for specific gear types. There is no sport license to fish for personal
use.

Connecticut

Size limits 8" commercial and recreational.

Gear
restrictions Cod end minimum mesh size of 5.5' (6" square) in trawls from Nov 15 - June 30
and 4"(4.5' square) from July 1 - Nov 14. May 15- July 31 vessels fishing for squid
may use mesh of any size. Gillnet minimum mesh size- 3"; Pound, trap, fyke, and
weir minimurn mesh: 2'.

Area closures Fish traps and pound nets may not be set in an area off the mouth of the
Connecticut River; pound nets must be set at least one mile apart; trawling is
prohibited in rivers, coves and harbors as well as in portions of Long Island Sound
(US). Night trawling prohibited in the western two-thirds of LIS. Vessels greater than
44 ft prohibited in western one-third of LIS unless owner fished there in 1982.

Seasons None except as noted above

Licenses A variety of commercial resident and non-resident licenses are available allowing for
the harvest and sale of fish. Fees range from $50- $225. No marine recreational
fishing license required but commercial sale of fish taken by hook and line requires
a commercial license ($50) and the fee is doubled for species regulated by
recreational creel limit. Personal use fishing with trawls and other specific gear
requires a commercial license.
Size limits 8" commercial only. Now York

Gear
restrictions No minimum mesh size for trawls at the present time.

Area closures There are numerous specific locations where trawl and/or other net gear are
restricted.

Seasons none.

Licenses A commercial license is required for the harvest and sale of fish: Resident: $100,
Nonq*sident: $1,000. (The non-resident harvest license may only be purchased in
January.) A non-resident
license which allows lending only: $250. There is no sport license for fish caught
for personal Use.

Size limits 8* commercial only. Now Jersey

21 November 1995 131

Gear
restrictions None pertaining to black see bass. Gillnets may not exceed 2,400 ft in length from
Fab 1 - May 15, and may not exceed 1,200 ft from May 15 - Dec 15.

Area closures Trawling and purse seining (for food fish) are prohibited within two miles of the
coast; gillnetting is limited to the Atlantic Ocean and Delaware Bay.

Seasons Gillnets cannot be fished from Dec 16 - Feb 1.

Licenses Commercial gears are licensed, with fees dependent on the gear type. There is no
sport fishing license for hook and line gear, and no license is required to sell hook
and line caught fish. Limited entry for gill net licenses in Delaware Say only.

Delaware

Size limits none.

Gear restrictions Trawls, purse seines, power-operated seines, and run-around gillnets are prohibited.
A single gillnet cannot exceed 200 yards in length; a series of connected gillnets
cannot exceed 500 yards, a fyke net cannot exceed 72" in diameter; fish traps may
not exceed 125 cubic ft and must have an escape panel. There is a moratorium on
issuance of now commercial (> 200 ft) gillnet permits until the number of fishermen
falls below 30.

Area closures Areas within a 0.5 mile sector at the mouths of all major tributaries to the Delaware
River and Bay are closed to all fixed gears; numerous specific areas closed to
commercial fishing.

Seasons From April 1 - May 10, commercial fishermen cannot set over 1,000 yards of fixed
gillnet from one vessel; from May 10 to Sept 30, commercial fishermen cannot set
over 1,000 yards of drifting gillnet from one vessel; drift gillnets cannot be set from
2,400 hrs Friday - 1,600 hrs Sunday during this period; specific seasonal closures
for gillnets in certain areas.

Ucenses Commercial food fishing license is required for the harvest and sale of fish:
Residents: $150; Non-residents: $1,500. Additional fees are levied for the use of
specific gear types. There is no sport license for fish caught for personal use.
Size limits. none. Maryland

Gear
restrictions Trawls prohibited within one mile of the coastline, and in Chesapeake Bay. Use of
monofilament gillnets prohibited, except in coastal bays and the Atlantic Ocean;
several specific gillnet restrictions exist for Chesapeake Bay; minimum mesh sizes
for pound nets, haul seines, and fyke nets are 1.5"; purse seines prohibited.

Area closures There are numerous specific locations where trawl, gill, seine and/or other net gear
are restricted.

Seasons none.

Licenses An appropriate commercial fishing or license or a fish dealers license is required to
catch, buy, sell, process, export, transport, or otherwise deal in fish that were

21 November 1 W5 132

caught in the tidal waters of Maryland. License fees vary from $37.50 to $300.00
depending on license type. Chesapeake sportfishing license: resident - $7.00, non-
resident $12.00.

Virginia

Size limits none.

Gear
restrictions Trawls and encircling gillnets are prohibited in Virginia waters. Minimum mesh
sizes: pound nets - 2"; haul seines over 200 yards - 3"; Various gill net mesh
restrictions in various areas at different times of the year.

Area closures Fish trot lines cannot be set on the sea side of the eastern shore. Various area gill
net closures at different times of the year.

Seasons none.

Licenses Commercial licenses are required for specific fishing gears, with the fee dependent
on the gear type. There is sport fishing license lAtlantic Ocean exempt) with variable
fees and a $25 license is required to sell hook and line caught fish. All fishermen
must register ($150 fee) before they can purchase individual gear licenses. There
also is a two year waiting period for commercial registration.

Other Virginia required mandatory reporting for all species caught in commercial gear in
Virginia waters beginning in 1993.

North Carolina

Size limits 8' south of Cape Hatteras (nothing to the north).

Gear
restrictions No not may be towed by more than one vessel except in long-haul (seine) fishing
operations. Flynet codends must be at least 15 ft. in length and have a minimum
mesh of 3' square or 3.5 'diamond. In addition, flynets must have an extension a
rninimum of 20 ft. in length constructed of 3' square mesh. All trawls fished in the
Atlantic Ocean (except flynets) required to have a minimum codend mesh of 5.5".
Additional exceptions include vessels possessing State Atlantic mackerel and/or
squid permits and crab trawls.

Area closures Numerous specific gear restrictions by geographic area. Trawls are prohibited within
one-half mile of the beach between the Virginia line and Oregon Inlet. No flynet
fishing in Atlantic Oceansouth of Cape Hatteras.

Seasons Several specific seasonal restrictions pertaining to gillnets.

Licenses A commercial license is required for vessels, with fees dependent on vessel length
(noiwasidents have an additional $200 surcharge). An endorsement on the vessel
license or a non-vessel endorsement to sell fish is required to sell fish products.

Other There is a two-year moratorium on any now vessel, shellfish or crab license.

21 November 1995 133

Table 61. Closed seasons necessary to acNeve reductions in exploitation for black see bass.

Closed OA RAdairtinn
Riihagninn Gaar Smannn nOA Ran 1 -9; OA Rpr

Coast Otter Trawl Nov 15-Jan 31 34 22
Oct 15-Feb 7 41 31

North (ME-NY) Pots/Traps Apr 1 -May 15 24 -

Hand Lines May 1 -Jul 15 29 17
May 1 -Jul 31 40 33

South (NJ-NC) Pots/Traps; Apr 1 -May 31 27 -

Hand Lines Jul 1 -Sep 30 30 18
Jul 1 -Oct 31 41 30

Table 62. Bimonthly allocations based on a coastwide quota of 2.6 million pounds for Black Sea Bass. Shares are
based on five years of landings data, 1988 - 1992.

Bimonthly
Ptqrinef Parnan Pntind
Jan - Feb 26."% 687,"0
Mar - Apr 20.19% 524,940
May - Jun 20.79% 540,540
Jul - Aug 8.46% 219,960
Sep - Oct 10.83% 281,580
Nny - nor 1 -'4 - 29 OA _44R,R4
Total 100.00% 2,600,000

Table 63. Average bimonthly landings by State, Maine to Cape Hatteras, NC. Percentage of bimonthly landings
which occur in each State, 1988 - 1992.

qtntp _Ijkn.FAh Mar-Ap May-lain Aid-Aii qfkp=nrt Nny.nan
ME 0.11% 0.01% 0.03% 0.00% 0.02% 0.09%
MA 0.02% 0.04% 17.87% 2.65% 4.41% 0.29%
RI 5.85% 4.51% 5.32% 2.47% 2.35% 9.86%
NY 1.91% 2.29% 1.76% 5.43% 3."% 3.01%
NJ 33.07% 27.11% 30.80% 30.00% 45.67% 46.66%
DE 0.00% 0.61% 8.01% 6.66% 9.58% 16.00%
MD. 2.46% 4.10% 26.94% 32.05% 19.09% 9.07%
VA 35.76% 38.33% 7.64% 8.25% 10.74% 11.24%
NC 70-920A 22 Q_Q% I _R50A 12ARGA 4_RQ0A '_4 - 7 7 OA
Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%

21 November 1995 134

Table 64. Average bimonthly landings of black sea ban, Maine - Cape Hatteras, NC. Percentage of State landings
which occur in each bimonthly period, 1988 - 1992.

qtata AArt.-Fah Mar-Apr May-hin -hal-Aim -q^p=Qf-t Nny-nakg- Tntal
ME 57.05% 2.20% 12.56% 0.00% 5.41% 22.78% 100-00%
MA 0.14% 0.20% 83.10% 5.02% 10.69% 0.85% 100.00%
Rl 29.00% 17.06% 20.70% 3.91% 4.77% 24.55% 100-00%
NY 19.66% 18.03% 14.27% 17.93% 14.52% 15.58% 100-00%
NJ 25.49% 15.96% 18.66% 7.40% 14.42% 18.07% 100.00%
DE 0.00% 2.25% 30.17% 10.22% 18.82% 38.55% 100.00%
MD 4.98% 6.34% 42.86% 20.76% 15.83% 9.23% 100.00%
VA 42.70% 34.97% 7.17% 3.16% 5.25% 6.75% 100.00%
NC 43.84% 36.98% 2.73% 8.42% 4.05% 3.99% 100-00%

Table 65. State shares of a coastwide quota of 2.6 million pounds for black "a bass. Shares are based on five
years of landings data, 1988 - 1992.

staid Parrant Pnimirk
ME 0.05% 1,300
MA 4.47% 116,220
R1 5.34% 138,840
NY 2.56% 66,560
NJ 34.31% 892,060
DE 5.52% 142,520
MD 13.06% 339,560
VA 22.14% 575,460
hic 12AROA -426,sR
Total 100.00% 2,600,260

21 Novembw INS 135

M M M M " M - M M M M M M M m M
-0& 401ww P6"W &-NW40
W #00,voto

T
low

";own
"All

ir
:1
"%-* op
dir.3 A 03 !aft"
cooAiCOAN Rove*
4, Wei V.

slop
40

C&D CANAL

El spawning Habitat
El. Feeding Habitat

Nursery Habitat

NEW JERSEY
COHANSEY

MAURICE'
LEIPSIC RIVER
RIVER

LITTLE
'RIVER

MURDERKILL
RIVER CAPE
4AISPILLION MAY
AIVER

CAPE HENLOPEN

Fieure 2.
BLACK SEA BASS NURSERY/FEEDING HABITAT DISTRIBUTION IN DELAWARE BAY

Source: Cole pers. comm. 137

Figure 3. Connecticut Trawl Survey 1984 - 93
Catch of Black Sea Bass

ME
.-Z
ffi_ggg r X.- mg
M 11", M
ge

ga
MR&
A;g
.'�rM
X:R:
mg,
[email protected];MWO
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0
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W x

-XV
2.1

'M
ZZ

%ZWZ
z,;.
W. --ii-1-10 ...............

4 1. 1 INN.

Source: Simpson pers.comm.

La
SM

7 1 700

Black Sea Bass
-Salem Wfbor Spawning - Nursery.
Areas

...............
NW=l Massachusetts Bay

BoWon Herbor

Plymouth 4

Cape Cod Bay

PoW Gammon

&Cmnmmw Poird

V-0
Nantucket Sound
see
e

CP
0.00
Beverly

a ny.'

__j
Figure 4. Black Sea Bass Spawning and Nuresery Areas in Massachusetts.

Source: Currier pers. comm. 139

Waquoft Bay
Buzzards Bay
Narragansett Bay
Connecticut River
Gardiners Bay
Long I.sland Sound
Great SouthBa
Hudson River/Karitan Bay
Bamegat Bay
DC New Jersey Inland Bays
DE Delaware Bay
Delaware Inland Bays
Chincoteague Bay
5
Chesapeake Bay - mainstem and eight sub-estuaries:
vA 1. Chester River 5. Tangier/Pocomoke Sound
2. Choptank River 6. Rappahannock River
3. Patuxent River 7. York River
4. Potomac River S. James River

Figure 5. Location of estuaries in NOAA's Estuarine Living M arine Resources-
Program In the Mid-Atlantic.

Source: USDC 1994a.

140

Total mews (Ulva)
0 .0 to 35000
0 "ODD to 70000
0 70000 to. IUDDO
0 105000 10 140DOO
0 140000 to 175000

PIpM 6. TOW VWt& 71?:rw PC V= sediment for ChmpeLiCtIky'Dilawsm NY LndIDT-6
MV cc&sW bays by 1.)&p data @p@ded by NOAA/ORCA/SFA).
n

Source: YARM 1904.

141

Otal PAM (niva)
0
0 so to 100
100 to asol
0 IN ft goo
goo ft "Osi

0
0
0
0

,RPn -7. TOW I*IyrfcUc Amulic bydrock+m (PARs) mporwd pa gram gedinunt for Chm".
peAke Bay, Delawat Bay W DE & MD emW bays by VwAp dat& (provided by NOW
ORCA/SL4).

Source: HOW 1994.

142

[
TOW PCs (fwg)
0 too to 5.00
0 Is-00 0 10.00
0 10.00 ft n.00
0 n-00 ft wo

Figure 8. T*W p6?y&J*rln&Wd b1phenyls (PM) pw Sram u@lment n?orted for mempeake Say,
103
19
a

Delawart Day and DE MD c*uW bays by E@nuj data (provided by NOAA/ORCA/
JMA@

Source: MAPMP*1994.

143

Total DDT (rofg)
nwg) (I
0
0 1 .00 to LOD
0 2.00 to 6.00
0 5.00 to 10.00
0 10-00 W 72.70

0
0
0
0
0
0

Figure 9.
,Totlj DDT (dicMoro.&phimyl-tticMoroeOuLne) and its metabolites pa grLm wdimimt for
Cheupe&ke Say, Uaware Bay and IDE & MD coutil bays by I-wAp data (provided by
NOAA/ORCAAEA@

Source: MARW 1994.

144

4 6
SAE

aUlf of Afalfis
op
COASTAL
GULF
\OF MAINE
11H GUL OP MAINE

MA-
son ftaft
2* to
Middle Atlantic Right
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IT
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COASTAL .04\ BANK el
MIDDLE
ATLANTIC
46* /MIDDLE woo
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.

MD
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WSW doom
OFF SHELF
sop
38 10.
S

c
VA ch7speake Rey 00@
3 200
400,
R cap@ Hatfores Kilometers
.00P

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10. uvrtM"t Ratimal Actim 121m NAM
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$*=to: =Dee 2935

145

0
AL

to-
0,

NEW ENGLAND
MIDDLE ATLANTIC

CHESAPEAKE

SOUTH ATLANTIC
160

YEAR

Figure 11. Comercial landings of black sea bass. 1950-1973.
Source: Kendall 1977. 146

M M M M M

Black Sea Bass Pot Study

no-

no--

0 MA
0 10 "1 0 01 OR C! W N fo 0 V 040
Id 45 1.: t.: 4d Id ad Oi M 0 d d N N 1
LengM
Figure 12. Total lengths of black sea bass from traps with escape vents of 1.125 x 6"
with novents (control).

Black Sea Bass Pot Study

2M--

150

00 E
3
z

100 -

-n
W 0 If OD N V 0 V el
fj fd Z 4d cd W Ci d d d d N C4 N n ri

Length

Figure13 Total lengths of black sea bass from traps with escape vents of 1.25 x 6"
with no vents (control).

Black Sea Bass Pot Study

100--

0 lin -A@ -1
C4 a
N N
I$ t2 It": -03 "*d C"i '00; Cd, O"'@ `4 C! q C@
Length

Figure 14. Total lengths of black sea bass from traps with escape vents of 1.375 x 6
with no vents (control).

Black Sea Bass Pot Study

250

200

15O

Number

100

0
6.5 6.9 7.3 7.7 8.1 8.5 8.9 9.3 9.5 10.0 10.4

Length

Figure 15. Total lengths of black sea bass from traps with escape vents of 1.5 x 6"
with no vents (control).

National Marine Sanctuary Program
"a* ft"A' 9i

C 0 ads

A r""t"

Allen

Ocean
Pfeifle Oareft now
Oreen

wax wwo A I
-"40
Kabul"* 111" sees" Gaff It" Low
ft.O* &-0 &--S" 1. @ to" R"

0.10.

Figure 10. Designated and Proposed National Marine Sanctuaries.

Source: National Marine Sanctuary Program 1993.

APPENDIX 1. ALTERNATIVES TO THE FMP

1. TAKE NO ACTION AT THIS TIME

1.1. Description

No action would mean that the black sea bass fishery would not be managed under the Magnuson Act.
The resource would continue to be overfished.

1.2. Evaluation

The ONo Actiono alternative would not solve the problems identified in section 4.

2. SEASONAL CLOSURES IN THE COMMERCIAL FISHERY FOR YEARS 3 AND BEYOND

2. 1. Description

This alternative would achieve the fishing mortality rate reduction target in years three and beyond through
a seasonal closure in conjunction with a minimum fish size and gear regulations.

The Monitoring Committee would annually estimate a mortality target from the fishing mortality rate
reduction schedule. From this, a seasonal closure would be specified to assure that the mortality target
was not exceeded. This would go through a review, comment, and approval process involving the Council,
ASMFC Management Board, and NMFS Northeast Regional Director.

Gear-specific seasonal closures would be implemented to control fishing mortality in the commercial black
sea bass fishery. During a seasonal closure all gear capable of catching black sea bass be removed from
the water during the closed period. In addition, vessels would be required to carry and operate an
electronic vessel tracking device that met NMFS specifications.

2.2. Evaluation

NMFS General Canvass Data from 1988 to 1992 were used to determine the potential impact of seasonal
closures on commercial landings of black sea bass. The ASMFC technical committee decided that these
years would be most representative of current conditions in the fisheries.

The committee decided that seasonal closures for black sea bass fishermen be applied on a coastwide
basis. Calculations restricted the smallest unit of closure to one week. In addition, seasonal closures were
derived assuming that fishermen would recoup 0% and 15% of their landings during the open season. The
15% level applied to all mobile gears, including hook and line. Because of the fixed nature of the pots and
traps, only a 0% (no recoupment) level was used for these gears.

If a recoupment level was assumed, calculations were made using a simple algorithm that accounted for
changes in landings per day (LPD) during the open and closed seasons. For example, for black sea bass
landed by otter trawl fishermen, the time period from November 15 to January 31 accounted for 34% of
the landings during 1982-1991. A closed season during these months would result in a fishing season that
would be open for 8 % months (February through November 14) or approximately 288 days. The amount
of discretionary time during this open period would be 43 days (15% x 288 days). Since 66% of the
landings occurred during the open period, the LPD during the open period would be 66 divided by the days
fished or 245 (288-43). This LPD multiplied times the discretionary time (43 days) would result in a
recoupment of 12%. As a result, the realized reduction in landings for the closed period February through
May would be 22% (34% - 12%).

Seasonal closures ranged from slightly more than one month to four months depending on location (north
or south) and gear type (Table 61). Seasonal closures could achieve the desired reductions if the following
criteria were met:

21 November 1995 App 1 - 1

1. The level of discretionary time used to derive the reductions is realistic. The assumed value of 15%
may be an underestimate for some gears, especially for the black sea bass trawl fisheries where there are
few directed trips, i.e., most sea bass are caught incidentally with other species.

2. All gear capable of catching black sea bass be removed from the water during the closed period.
Without such a provision, fishermen would continue to fish for other species during the closed period,
catching and discarding black sea bass in the process. For trawl fisheries, the technical committee
recommended that mesh sizes of 5.5' diamond mesh or larger could continue to operate and exemptions
be required for squid and fly net fisheries.

3. Landings patterns do not vary much from one year to the next, i.e., anticipated landings in year three of
the management program are similar to the landings observed for 1988-1992.

It is also important to note that fishermen could negate seasonal closure effects by increasing effort or
efficiency during the open season. These increases could produce conditions in the stock that were
equivalent to or worse than those before regulations.

Finally, any effective area/seasonal closure would require that NMFS be able to track commercial vessels
on a real time basis to ensure a high level of compliance. Such a system could be comparable to the
Vessel Monitoring System that will be implemented by NMFS for groundfish and scallops.

3. BIMONTHLY COMMERCIAL QUOTA

3.1. Description

This alternative would allocate the annual coastwide quota on a bimonthly basis. The Regional Director
would be required to prohibit landings by federally permitted vessels when any bimonthly quota had been
reached.

The quota setting process is specified in 9.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on projected stock size
estimates derived from stock assessment information for that year. Estimates of stock size coupled with
the target fishing mortality rate would allow for a calculation of total allowable landings. Based on the
historic proportions of commercial and recreational landings, 42% of the total target would be allocated to
the commercial fishery (Note that this percentage will be modified to reflect the changes to the MRFSS
data by the NMFS).

All landings by any vessel that has a commercial moratorium permit (permit to sell) counts against the
quota, whether the black sea bass are caught with an otter trawl, pot, hook and line, or any other gear. If
the vessel does not have a commercial moratorium permit, the fish may not be sold and the recreational
rules on size, possession, and season apply.

The annual commercial quota would be based on the recommendations of the Black Sea Bass Monitoring
Committee to the Council and ASMFC Board. The Council and ASMFC would consider those
recommendations and submit their recommendations to the Regional Director. The Regional Director will
set the commercial quota annually.

The quota must apply throughout the management unit, that is, in both state and federal waters. All
commercial landings during a bimonthly period would count toward the quota for that period. When the
quota had been landed for a bimonthly period, fishing for and/or landing black sea bass would be prohibited
for the remainder of the period.

21 November 1995 App 1 - 2

Any landings in excess of the bimonthly quota would be subtracted from the following year's quota for the
same period. For example, if the period 1 (January-February) quota was exceeded by 10,000 pounds,
10,000 pounds would be subtracted from the period 1 allocation the following year.

Using data collected through this FMP (section 9.1.3), NMFS will monitor the fishery to determine when a
bimonthly quota will be reached. It is expected that the states will assist NMFS with data collection.

The Regional Director shall close the EEZ to fishing for black sea bass by commercial vessels when the
bimonthly allocation has been landed.

The Regional Director may establish a system of trip limits to ensure an equitable distribution of the quota
over the bimonthly period.

Annual quotas would be allocated on a bimonthly basis based on commercial landings for the period 1988-
1992 (Table 62).

3.2. Evaluation

A bimonthly quota system could allow for an equitable allocation of the commercial quota to northern and
southern participants as well as between the smaller day boats and larger offshore vessels. Due to the
seasonal nature of the black sea bass fishery, the quota would have to be divided into bimonthly units. To
minimize effects on traditional landings patterns, the allocation to each period would be based on past
landings instead of a system that divided the quota equally over the six periods. Based on 1,988-1992
data, 20.79% would be allocated to period 3 (May-June) and only 8.46% to period 4 (July-August) (Table
62). The bimonthly allocations would range from 219,960 lbs to 687,440 lbs based on a annual quota of
pounds 2.6 million lbs (Table 62). Based on state data for those years, fishermen would be able to
maintain traditional landings patterns in most states (Tables 63 and 64).

A coastwide system would allow fishermen to land in any port along the coast and all commercial landings
during a bimonthly period would count toward that quota for that period. When the quota had been landed
for a bimonthly period, fishing for and/or landing black sea bass would be prohibited for the remainder of
the period. Landings in excess of the allocation for the period would be subtracted from the following
years's quota for the same period. Trip limits would have to be implemented. Bimonthly allocations
without trip limits would encourage derby-style fishing practices that would allow the quota to be landed
by larger, more mobile vessels at the beginning of each period. As a result, supplies of black sea bass
would be discontinuous and smaller boats would be disadvantaged.

Trip limits would be established and modified throughout the two-month period to allow for a continuous
supply of product and equitable distribution of black sea bass to fishermen using both small and large
vessels. For example, almost all of the landings in period 1 are attributable to fishermen using otter trawl
vessels. A 5,000 pound trip limit could be established for the beginning of period 1. The limit would
decrease to 2,500 lbs when 50% of the allocation was reached, 1,000 lbs when 75% of the quota was
taken, and 500 lbs when 90% of the landings were reached.

Different trip limit systems could be designed for each period to ensure equitable distribution over each
two-month period. Unlike a system where states have the flexibility to design their own systems, NMFS

21 November 1995 App 1 - 3

would be responsible for implementing trip limits for each period.

4. STATE BY STATE QUOTAS

4. 1. Description

This alternative wou ld allocate the commercial quota on a state by state basis. States would have the
responsibility for closures in their state and the Regional Director would be required to prohibit landings by
Federally permitted vessels in any state that had reached its quota. States would be allowed to trade or
combine quotas and the states could impose trip limits or other measures to manage their quotas. The
system would be the same as that operating under the Summer Flounder FMP.

4.2. Evaluation

The quota setting process is specified in 9.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on stock assessment
information on projected stock size estimates for that year. Estimates of stock size coupled with the target
fishing mortality rate would allow for a calculation of total allowable landings. Based on the historic
proportions of commercial and recreational landings, 42% of the total target would be allocated to the
commercial fishery (Note that this percentage will be modified to reflect the changes to the MRFSS data by
the NMFS). To assess potential impacts of the quota, landings data were used from 1988-1992 to derive
average landings for those years (3.275 million lbs). Based on these data, a 20% reduction in exploitation
would equate to a commercial quota of 2.6 million lbs (80% x 3.275).

Quotas would be distributed to the states based on their percentage share of commercial landings for the
period 1988-1992. Quotas would range from 1,300 lbs to 892,060 lbs based on these percentages (Table
65).

A state-by-state quota system could allow for the most equitable distribution of the commercial quota to
fishermen. Specifically, states under this alternative would have the responsibility of managing their quota
for the greatest benefit of the commercial black sea bass industry in their state. States could design
allocation systems based on trip limits and seasons. States would also have the ability to transfer or
combine quota increasing the flexibility of the system to respond to year to year variations in fishing
practices or landings patterns.

However, state-by-state allocations could negatively affect fishermen who land in those states that do not
have the capability of regulating a quota. Based on the quota system implemented for summer flounder, a
few states have not been able to establish trip limit systems that ensure a continuous and steady supply of
product over the season for producers and/or a fair an equitable distribution of flounder to all fishermen
who have traditionally landed summer flounder in their state. In addition, some states have had problems
coordinating their regulations with neighboring states to prevent large scale landings by fishermen in states
with the most favorable trip limits. A similar situation could occur if a state-by-state system was imple-
mented for black sea bass.

5. INDIVIDUAL TRANSFERRABLE QUOTAS

5.1. Description

An individual transferrable quota (ITO) program would assign annual quotas to individual vessels.
Qualifications to participate could be the same as participation under the vessel moratorium. Initial alloca-
tions could be made based on sales receipts for the most recent five years, but no vessel could be
allocated more than some maximum percentage. Fishermen would be prohibited from fishing for or landing
black sea bass after their annual allocations had been taken.

21 November less App 1 -4

5.2. Evaluation

ITOs are a relatively new management technique where a total quota is divided into small parts and
allocated to individual participants. Individual quotas or shares could be bought, sold or leased so that
harvesters have flexibility in planning their fishing activities. Potential advantages of ITOs include
increased profits, greater economic stability, improved product quality, improved safety, reduced gear
conflicts and losses,. elimination of derby-type fisheries, bycatch reduction, an improved investment
climate, reduction of'market gluts, and reduction in post-harvest waste (Anderson 1986). Potential
disadvantages of ITQs include increased high-grading, under-reporting of catch, enforcement costs and
problems, creation of a "rich mans club", changes in the makeup of the fishing fleet, and potential
inequities of the initial allocation of quota shares due to lack of information (Anderson 1986).

An ITO program could allow individual fishermen greater flexibility than any of the quota or seasonal
closure based systems. That is, they could fish for black sea bass when they wanted to, rather than being
controlled by quota or seasonal closures.

As with the other alternatives, fishermen could not fish for (catch and discard as well as catch and land)
black sea bass after their allocations had been taken. This would require careful management of their
allocations to assure that their participation in other small mesh fisheries did not violate their ITO
allocations.

An initial problem is associated with the initial allocation process. A great deal of time would be required
to obtain and validate sales records to determine initial allocations. NMFS weighout data indicate a
minimum of 460 vessels could be eligible for allocations. Since not all vessels are captured in the
weighout data base, the number could be considerably larger. It might be preferable to initiate
management of the black sea bass resource without ITQs to protect the resource and introduce an ITO
system subsequently.

6. SEASONAL DEPENDENT MINIMUM SIZES IN THE COMMERCIAL FISHERY: A 10" TL MINIMUM SIZE
FROM OCT. 1 - APRIL 30 AND A 9" TL MINIMUM SIZE FOR THE REST OF THE YEAR

6. 1. Description

This alternative would require that commercial fishermen not land for sale any black sea bass smaller than
the 9" TL minimum size limit from May through September 30 and a 10' TL minimum size limit from
October 1 through April 30. Gear regulations for otter trawl fishermen and pot/trap fishermen would
correspond to the 10' TL minimum size as identified in the preferred alternative, i.e., a 4.5" minimum
mesh size and 1 1/4* x 6" or 2.75" vents. A maximum of a 5% tolerance by weight of undersized black
sea bass would be allowed on commercial vessels. Black sea bass less than the minimum size limit could
not be sold. This alternative would be used in conjunction with other alternatives such as the quota or
closed seasons beginning in year 3 of the management program.

The minimum fish size may be changed annually, it appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 9.1.2.2.

6.2. Evaluation -

This alternative recognizes the seasonal nature of the commercial black sea bass fisheries. Based on 1983
to 1992 monthly data, most black sea bass are harvested from state waters from May through June and
from EEZ waters from January through June (Table 15).

Historic commercial length frequencies were used as an estimate of potential short-term impacts of length
limits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NMFS Weighout Data and North Carolina DMF from 1982 to 1991 were used to
determine potential size limit effects. In general, size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

21 November 1995 App 1 - 5

Based on NMFS weighout data, approximately 11 % of the measured black sea bass were less than 9' TL
for all otter trawl vessel with sampled landings (Table 43). A 90 TL minimum size regulation would have a
slightly greater effect on landings from fish pots/traps, the other predominant gear in the black sea bass
fishery. Based on NMFS weighout data, almost 26% of the measured fish were less than 9" TL for the
sea bass obtained from this gear from 1983 to 1991 combined.

A 10" TL minimum Size limit would have a significantly greater effect on both otter trawl landings and
landings from fish pots/traps. Based on 1983 to 1992 NMFS weighout data, 30% and 59% of the fish
measured from landings from otter trawls and pots/traps were less than 10" TL, respectively. In addition,
almost 57% of the black sea bass measured from the North Carolina winter trawl fishery in 1991-1992
were less than I Ow TL (Table 44).

Thus, it is probable that a 10" TL minimum size in the commercial fishery could significantly reduce
landings in the short term. In, addition because gear regulations would apply to a 10' minimum size for
the entire year, a significant amount of 9w TL black sea bass would escape from otter trawls and pots/traps
reducing landings of 9" TL fish from May to November when 9" TL fish could be landed. A large reduction
in landings could have large negative economic consequences to fishermen, processors, and the consuming
public.

However, assuming that undersized fish are not caught and discarded, minimum size regulations have
positive impacts on the stock. In general, because minimum sizes increase the size at full recruitment,
yields are increased as fishermen catch larger, heavier fish. In addition, minimum size regulations can
increase the resilience of the stock to overfishing, i.e., the biological reference points (F,,,) can increase.
Finally, minimum size regulations can increase spawning stock biomass by allowing more fish to spawn.
Sexual maturity data for black sea bass indicate that 50% of the sea bass are mature by a size of 7.7" Tt .

7. A THRESHOLD REQUIREMENT TO QUALIFY FOR A MORATORIUM PERMIT

7.1. Description

This alternative4 would require that a vessel have documented landings of black sea bass equal to, or in
excess of, some minimum threshold amount in order to qualify for a moratorium permit to land and sell
black sea bass under the moratorium program. The qualification period, 26 January 1988 to 26 January
1993, would remain identical to that proposed in the preferred alternative. However, this alternative
differs from the preferred alternative in that the preferred alternative would require that any amount of
black sea bass (i.e., greater than 0 pounds) be documented for sale between those dates to qualify for the
permit.

7.2. Evaluation

The number of vessels landing a threshold amount of black sea bass on an annual basis was derived using
1992 NMFS; weighout data (Table 28). These data indicate that the number of vessels landing black sea
bass decrease as the threshold amount increases.

An appropriate threshold amount would be determined such that those fishermen whose livelihoods are
dependent on black sea bass receive moratorium permits.

8. SEPARATE MANAGEMENT MEASURES FOR PARTYICHARTER BOAT FISHERMEN

8.1. Description

This alternative would recognize that anglers fishing from party/charter boats form a distinct user group
that is separate from other recreational or commercial fishermen. As such, beginning in year 3 of the
fishery management program, management measures would be developed that were applicable only to this
user group. These could include a coastwide harvest limit, minimum size limit, possession limit, and

21 November 1995 App 1 - 6

season.

8.2 Evaluation

Based on 1983 to 1992 MRFSS data, anglers fishing from party/charter boats accounted for 71 % of the
recreational landings of black sea bass on a coastwide basis. Based on this data, 71 % of the coastwide
recreational harvest limit would be allocated to anglers fishing from party/charter vessels. A combination
of size and possession limits with seasons could then be used to achieve the allocation on an annual basis.

9. Ag"nMINIMUM FISH SIZE AND A 3.5" MINIMUM SQUARE MESH SIZE IN THE OTTER TRAWL
FISHERY WHEN THE VESSEL HAS 100 POUNDS OR MORE OF BLACK SEA BASS ON BOARD

9. 1. Description

This alternative would allow fishermen to use only nets that have a minimum mesh size of 3.5" square
mesh when they had 100 pounds or more of black sea bass on board. The use of diamond mesh in the
directed otter trawl fishery for black sea bass would be prohibited. In addition to the minimum mesh
provisions, this alternative would require that fishermen not land for sale any black sea bass smaller than
the 9" TL minimum size limit. A maximum of a 5% tolerance by weight of undersized black sea bass
would be allowed on commercial vessels. Black sea bass less than 9' TL could not be sold. This alterna-
tive would be used in conjunction with other alternatives such as the quota or closed seasons.

This alternative would require that owners or operators of otter trawl vessels possessing 100 lbs or more.
of black sea bass, fish only with nets that have a minimum mesh size of 4.0" square, inside measure
pplied throughout the cod end 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 1/3 of the net, measured from the
a

terminus of the cod end to the head rope. Mesh would be allowed to be larger than the minimum size, but
it could be no smaller than the minimum size. If the fish are landed in a state that has a more stringent net
mesh regulation, the state regulation would prevail. States with minimum mesh regulations larger than
those established by this alternative would be encouraged to maintain them.

In addition, this alternative would require that owners or operators of otter trawl vessels possessing 100
lbs or more of black sea bass not have available for immediate use any net, or any piece of net not meeting
the minimum mesh size requirements, or mesh that is rigged in a manner that is inconsistent with the
minimum mesh size. A net that conformed to one of the following specifications and that could be shown
not to have been in recent use is considered to be not "available for immediate usew:

(1) A net stowed below deck, provided:

(1) it is located below the main working deck from which the not is deployed and retrieved;

Jii) the towing wires, including the "logo wires, are detached from the net; and

(iii) it is fan-folded (flaked) and bound around its circumference.

(2) A net stowed and lashed down on deck, provided:

0) it is fan-folded (flaked) and bound around its circumference;

(0) it is securely fastened to the deck or rail of the vessel; and

(iii) the towing wires, including the leg wires, are detached from the. net.

(3) A net that is on a reel and is covered and secured, provided:

21 November iggs App 1 -7

0) the entire surface of the net is covered with canvas or other similar material that is securely
bound;

fli) the towing wires, including the log wires, are detached from the net; and

PH) the codend is removed from the not and stored below deck.

(4) Nets that are'secured in a manner approved by the Regional Director, provided that the Regional
Director has reviewed the alternative manner of securing nets and has published that alternative in the
Federal Register.

Any combination of mesh or liners that effectively decreases the mesh below the minimum size would be
prohibited.

This alternative would prohibit the owner or operator of a fishing vessel from using any device, gear, or
material, including, but not limited to, nets, not strengtheners, ropes, lines, or chaffing 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 2* 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 in diameter extending the length of the net from the belly to the terminus of the cod end along
each of the following: the top, bottom, and each side of the net. OTop of the regulated portion of the net"
means the 50% of the entire regulated portion of the net which (in a hypothetical situation) would 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.

The minimum net mesh size could be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 9.1.2.2. Based on the recommendations of the Black Sea Bass
Monitoring Committee and Council, the Regional Director, by regulatory amendment, shall implement
regulations on gear other than o 'tter trawls to achieve discards of black sea bass equivalent to the discards
with otter trawls given the minimum. not mesh requirements. This provision is intended to address the
problem that could develop if gears currently not in significant use in the black sea bass fishery are
developed as a way of avoiding the minimum otter trawl mesh rule.

9.2. Evaluation

If implemented, owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass
would only be allowed to fish with nets that have a minimum mesh size of 3.5" square in the codend.
Based on selectivity studies conducted for other round fish, the selectivity of a 3.5" square mesh should
be equivalent to that of a 4.0* diamond mesh. The L2. (the length at which 25% of the black sea bass are
retained) is 9.3 inches for this mesh size based on body measurements (Table 45).

Preliminary work conducted on other species indicates that square mesh may allow for increased survival
of fish escaping from the codend of a net. Unlike diamond mesh, square mesh retains its shape as the net
is fished (i.e., does not compress) allowing fish to escape with minimal loss of scales and body damage.

Landings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9" TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

21 November iggs App 1 - 8

Black sea bass are a component of the mixed trawl fishery in Southern Now England and the Mid-Atlantic.
Although Sea Sampling data indicate that fishermen may differentiate between species on a per tow basis
(i.e., target a single species on a tow), fishermen land many different species on a per trip basis. Based on
1992 NMFS weighout data, black sea bass are most frequently landed with Loligo squid, silver hake, scup,
and flounder. In fact, for trips landing a 100 or more pounds of black sea bass per trip, more Loligo squid
were landed than black sea bass in 1992 (Table 29).

However, this predominance of Lofigo may reflect reduced availability of other species in 1992. Based on
1983 to 1987 data, the landings of otter trawl vessels landings 100 lbs or more of black sea bass were
composed primarily of scup (29%) and summer flounder (24%) (Table 46). LoAgo accounted for only 17%
of the landings.

The 100 pound threshold would effect 62 % of the vessels and 34 % of the trips that landed black sea bass
in 1992. These trips accounted for 95% of the black sea bass landed by otter trawl vessel in 1992.

Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermen would then have to use the 3.5" square mesh if they
decided to target more black sea bass. Once the threshold was reached fishermen would have to properly
stow other cod ends for the remainder of the trip.

Landings of black sea bass by fishermen targeting Loligo squid and scup on the same trip could be effected
by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels and 29% of the trips
landing 2,500 pounds or more of Lofigo squid, landed over 95% of Loligo landed by all Loligo otter trawl
fishermen (Tables 48 and 49). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 54). However, the total pounds accounted for
approximately 41 % of all black sea bass landed by otter trawl fishermen in 1992.

Similarly, 52% of the vessels and 28% of the trips landing 1000 pounds or more of scup, landed over
95 % of scup landed by scup otter trawl fishermen (Tables 52 and 53). Based on this 1000 pound
threshold, black sea bass comprise slightly more than 1 . 1 % of the total fish landed on these trips (Table
63). Because scup and Loligo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed Loligo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
(squid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the black sea bass regulations. A 6" minimum mesh size is
required for most of the New England groundfish species. The minimum mesh size for summer flounder is
5.5' with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would require
that fishermen use a 4.5" tail bag to reduce catch of sublegal fish, i.e. those less than 9" TL.

Minimum mesh provisions in conjunction with the minimum fish size will ensure that discards of sub-legal
black sea bass will be reduced. Greater gains will accrue to fishermen through protecting black sea bass
until they reach legal size. Discard mortality is extremely high for trawl caught fish and the problem is
particularly acute when new year classes are abundant. The benefits of the proposed minimum fish size
and mesh size regulations will be manifested through a more balanced age structure of the black sea bass
stock. Further, waste will be reduced due to (1) lower total discards and (2) lower mortality of net
encounter.

21 November 1995 App 1 - 9

UNITED STATES DEPARTMENT OF COMMERCE
Office of the Under Secretary for
Oceans and Atmosphere
Washington, D.C. 20230

To All Interested Government Agencies and Public Groups:

Pursuant to the National Environmental Policy Act, an
environmental review has been performed on the following action.

TITLE: Draft Environmental Impact Statement (DEIS) and
Fishery Management Plan for the Black Sea Bass
Fishery (FMP)

LOCATION: The exclusive economic zone in the westdern Atlantic
Ocean from Cape Hatteras, North Carolina, northward
to the U.S. Canadian border

SUMMARY: The draft FMF has objectives to reduce fishing
mortality to assure that overfishing does not occur,
reduce fishing mortality on immature black sea bass
to increase spawning stock biomass, and improve
yield from the fishery. Management measures
contained in the draft FMP propose minimum fish
sizes and commercial gear regulations in years 1 and
2. In years 3 to 5 target exploitation rates would
be 48 percent, in years 6 and 7 it would be
37 percent, and in year 8 and subseuent years, the
target exploitation rate would be based on F,8,
(about 23%). Measures include: (1) A minimum fish
size, (2) minimum otter trawl mesh size and black
sea bass pot specifications for the first 2 years,
(3) ability to adjust minimum fish size annually on
a framework basis, (4) operator permit reuirements
for commercial, party and charter boats, (5) vessel
permits for party and charter boats, (6) vessel
permits for commercial vessels under a moratorium,
(7) dealer permit reuirements, (6) reporting
requirements for party and charter boats, commercial
vessels, and dealers, (9) black sea bass pots or
traps requirements, (10) size limitations for
rollers used in roller rig trawl gear, and
(11) process to develop special management zones
around artificial reef areas.
An earlier version of this letter, dated January 25,
1996, contained several incorrect target
exploitation rates. This letter to the public has
the correct exploitation rates as contained in the
DEIS/Draft FW for the Black Sea Bass Fishery.

RESPONSIBLE Rolland.A..Sc@mitten
OFFICIAL; Assistant Administrator for Fisheries
National Marine Fisheries Service
Silver Spring Metro Center #3
1315 East-West Highway
Silver Spring, Maryland 20910
Phone: 301-713-2239

A copy of the DEIS/FMP was enclosed for your information with the
January 25, 1996, letter. Please send one copy of your commenLa
to me in Room $805, OPSP, U.S. Department of Commerce,
Washington, D.C. 20230. Sincerely,

Donna Wieting
Acting Director, Office of
Ecology and Conservation

APPENDIX 2. DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS)

A. COVER SHEET
Responsible Agency
Mid-Atlantic Fishery.. Management Council

Cooperating Agencies
Atlantic States Marine Fisheries Commission
Now England Fishery Management Council
South Atlantic Fishery Management Council
National Marine Fisheries Service/National Oceanic and Atmospheric Administration

TMe of Action
Fishery Management Plan for the Black Sea Bass Fishery

Contact Person
David R. Keifer, Executive Director
Mid-Atlantic Fishery Management Council
Room 2115 Federal Building
300 South New Street
Dover, Delaware 19904-6790
302-674-2331

Designation of the Statement
Draft Environmental Impact Statement

Abstract
The proposed action, authorized under the Magnuson Fishery Conservation and Management Act of 1976,
as amended (Magnuson Act), will institute management of the black sea bass fisheries in the US Exclusive
Economic Zone'(EEZ). The action will, among other things, prevent overfishing and allow the resource to
rebuild. It will provide a data collection and reporting system and a procedure for adjusting management
measures annually. The proposed action will have no adverse impact on the physical environment and will
strengthen efforts to work with other Federal and State agencies to conserve and manage black sea bass
.and their habitats. There may be temporary losses to the human environment because of the requisite
reduced harvest levels. However, the proposed restrictions will produce long term benefits, allowing the
fishery to rebuild and to continue indefinitely in a controlled manner.

Comment Due Date
Comments on the statement are required by April 2, 1996.

21 November 1995 DOS - I

B. TABLE OF CONTENTS

A. COVER SHEET ........................................................... 1
B. TABLE OF CONTENTS ...................................................... 2
C. SUMMARY .............................................................. 3
C.I. BACKGROUND .......................................................... 3
C.2. MAJOR CONCLUSIONS .................................................... 5
C.3. AREAS OF CONTROVERSY ................................................ 11
C.4. ISSUES TO BE RESOLVED ................................................. 12
C.5. MITIGATION ........................................................... 12
D. PURPOSE AND NEED ...................................................... 12
D.I. BLACK SEA BASS ARE OVEREXPLOITED ....................................... 12
D.2. MIXED SPECIES FISHERY ................................................. . 12
D.3. INCREASED FISHING PRESSURE ............................................. 13
D.4. LACK OF UNIFORM MANAGEMENT .......................................... 13
D.5. INCONSISTENT AND INADEQUATE ENFORCEMENT ................ 13
D.6. LACK OF DATA ......................................................... 14
D.7. HABITAT DEGRADATION .................................................. 14
E. ALTERNATIVES INCLUDING THE PROPOSED ACTION ............................... 14
E. 1. DESCRIPTION OF THE PROPOSED MANAGEMENT MEASURES ........................ 14
E.2. EVALUATION OF THE PROPOSED ACTION ...................................... 16
E.3. ALTERNATIVES TO THE PROPOSED ACTION .................................... 16
F. AFFECTED ENVIRONMENT .................................................. 16
G. ENVIRONMENTAL- CONSEQUENCES ............................................ 16
G.l. WILL THE PROPOSED ACTION BE REASONABLY EXPECTED TO JEOPARDIZE THE LONG-TERM.
PRODUCTIVE CAPABILITY OF ANY STOCKS THAT MAY BE AFFECTED BY THE ACTION? ........ 16
G.2. WILL THE PROPOSED ACTION BE REASONABLY EXPECTED TO ALLOW SUBSTANTIAL DAMAGE TO
THE OCEAN AND COASTAL HABITATS? .......................... ............... 22
G.3. WILL THE PROPOSED ACTION BE REASONABLY EXPECTED TO HAVE A SUBSTANTIAL ADVERSE
IMPACT ON PUBLIC HEALTH OR SAFETY? ......................................... 24
G.4. WILL THE PROPOSED ACTION BE REASONABLY EXPECTED TO ADVERSELY AFFECT AN ENDAN.
GERED OR THREATENED SPECIES OR MARINE MAMMAL POPULATION? .................... 25
G.5. WILL THE PROPOSED ACTION BE REASONABLY EXPECTED TO RESULT IN CUMULATIVE ADVERSE
EFFECTS THAT COULD HAVE A SUBSTANTIAL EFFECT ON THE TARGET RESOURCE SPECIES OR ANY
RELATED STOCKS THAT MAY BE AFFECTED BY THE ACTION? .......................... 31
G.6. ADDITIONAL ENVIRONMENTAL CONSEQUENCES OF ALTERNATIVES .................. 32
G.7. ECONOMIC EFFECTS OF THE PROPOSED ACTION ................................ 33
G.B. FEDERAL AGENCIES THAT MAY BE AFFECTED .................................. 33
H. LIST OF PREPARERS ...................................................... 34
1. REFERENCES, TABLES, AND FIGURES ............. ' 34
J. LI ST 0 F AG EN C I E S, 0 R G AN I ZATI 0 N S, A N D PER S 0 N S TO 1W, *0 ii C*0-Pl'E'S* 0' F, T*H* E*I S' *A*R*E* S* E, N* T* '34

21 Novembw 1995 DBS-2

C. SUMMARY

C.I. BACKGROUND.

This Fishery Management Plan for the Black Sea Bass Fishery (FMP), prepared by the Mid-Atlantic Fishery
Management Council(), is intended to manage the black sea bass (Centropristis striets) fishery pursuant to
the Magnuson Fishery Conservation and Management Act of 1976, as amended (MFCMA). The
management unit is black sea bass in US waters in the western Atlantic Ocean from Cape Hatteras, North
Carolina northward to the US-Canadian border. The objectives of the FMP are to:

1. Reduce fishing mortality In the black sea bass fishery to assure that overfishing does not occur.

2. Reduce fishing mortality on immature black sea bass to increase spawning stock biomass.

3. Improve the yield from the fishery.

4. Promote compatible management regulations between State and Federal jurisdictions.

5. Promote uniform and effective enforcement of regulations.

6. Minimize regulations to achieve the management objectives stated above.

Overfishing for black sea bass is defined as fishing in excess of the F,,. level. Based on current conditions
in the fishery, F. is 0.29. The fishing mortality reduction strategy calls for minimum fish sizes and
commercial gear regulations in year 1 and 2. In years 3 to 5, target exploitation rates would be 48% for
black sea bass. In years 6 and 7, the target exploitation rates would be 37% and in year 8 and subse-
quent years, the target exploitation rate would be based on F'..

The Council has adopted the following management measures for this FMP for purposes of public hearings.
Beginning in year I ofthe management program, the following management measures would be
implemented:

1. Operator permits for commercial and party and charter boats.

2. Vessel permits for party and charter boats.

3. Vessel permits for commercial vessels (permits to sell) under a moratorium on entry of additional vessels
into the fishery. Vessels with documented landings of black sea bass for sale between 26 January 1988
and 26 January 1993 qualify for a moratorium permit to land and sell black sea bass under this moratorium
program.

4. Dealer permits (permits to purchase).

5. Permitted vessels may only sell to permitted dealers and permitted dealers may only buy from permitted
vessels.

6. Party and charter boat, commercial vessel, and dealer reports.

7. The hinges and fasteners of one panel or door in black sea bass pots or traps must be made of one of
the following degradable materials:

a. untreated hemp, jute, or cotton string of 3/16" (4.8 mm) diameter of smaller;

21 Nowmbor IM

b. magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or
c. ungalvanized or uncoated iron wire of 0.062* 0.6 mm) diameter or smaller.

8. A maximum size of 18" diameter for rollers used in roller rig trawl gear.

9. Special management zones around artificial reef areas.

The Council has adopted the following management measures for years 1 and 2 of the management
program:

1. A 9* total length (TL ) minimum fish size in all fisheries.

2. The minimum otter trawl mesh size for vessels retaining more than 100 lbs of black sea bass would be
4.0" (stretch mesh inside measure).

3. Black sea bass pots would be required to have a minimum escape vent of 1 - 1/8" X 6* or 2.5" in
diameter. The escape vent provision would be implemented at the start of the first calendar year following
FMP approval so the fishermen would not be required to pull their pots and rebuild them in the middle of
the season.

The Council has adopted the following management measures for year 3 and subsequent years of the
management program:

1. A 10' total length (TL) minimum fish size in all fisheries which may be adjusted annually on a
framework basis.

2. Black sea bass pots would be required to have a minimum escape vent of 1 - 1/40 X 60 or 2.75" in
diameter.

3, The minimum mesh size for vessels retaining more than 100 lbs of black sea bass would be 4.5"
(stretch mesh inside measure). The minimum mesh size may be adjusted annually on a framework basis.

4. Prior to year three and annually thereafter, the Council, working through a Monitoring Committee, would
evaluate the success of the FMP relative to the overfishing reduction goal and propose adjustments to the
management system. Beginning with year three, additional measures would be implemented by the
Regional Director based on the recommendations of the Council. Additional management measures could
be any or all of the following:

a. Commercial: A coastwide commercial quota with Federal permit holders being prohibited from
landing (selling) after the quota had been landed. Ouota overruns would be deducted from the
subsequent year. All states would need to prohibit black sea bass sales following federal sales
prohibition.

b. Recreational: A coastwide possession limit, season, and recreational harvest limit. Landings in
excess of the limit would be deducted from the harvest limit for the subsequent year.

Alternatives Considered but not Adopted

1. Take no action at this time. This would mean that black sea bass would not be managed pursuant to
the MFCMA.

2. Seasonal closures for the commercial fishery.

3. Bimonthly commercial quotas with possible tfip limits established by the NMFS Regional Director to
reduce the length of closures.

21 November 1995 DOS - 4

4. State by state commercial quotas with possible trip limits established by the states to reduce the length
of closure.

5. Individual transferrable quotas.

6. Seasonal dependent minimum sizes in the commercial fishery: A 10" TL minimum size from Oct. 1
April 30 and a 9' TL* minimum size for the rest of the year.

7. A threshold requirement to qualify for a moratorium permit.

S. Separate management measures for party/charter boat fishermen.

9. A 9" TL minimum fish size and a 3.5" minimum square mesh size in the otter trawl fishery when the
vessel has 100 pounds or more of black sea bass on board.

The preferred alternative is described and evaluated in section 9. The alternatives considered but not
adopted are described and evaluated in Appendix 1.

C.2. MAJOR CONCLUSIONS.

C.2.1. Implications of Overfishing Definitions and Need to Reduce Fishing Mortality Rate.

This eight-year strategy reflects the pressure now being placed on fishermen by other FlVIPs. Although the
black sea bass resource should be rebuilt as quickly as. possible, black sea bass management measures can
be implemented over an eight-year time frame to minimize the short term economic burden placed on
fishermen and still reduce the overfished condition of the stocks.

The excessive take of black sea bass will cease when fishing mortality is at the F.. level, which current
analyses indicate is F = 0.29. The current fishing mortality rates is. 1.05. Thus, there is at least a three
:fold difference between the F,. and the current F. In order to achieve F,,,., current exploitation rates
would have to be reduced by 60%.

An immediate reduction to an F.. level was seen as having an unnecessarily negative impact on the
industry, so the Council and ASMFC Board adopted the following strategy. The fishing mortality reduction
strategy calls for minimum fish sizes and commercial gear regulations in year 1 and 2. In years 3 to 5,
target exploitation rates would be 48% for black sea bass. In years 6 and 7, the target exploitation rates
would be 37% and in year 8 and subsequent years, the target exploitation rate would be based on F...
Based on current conditions in the fishery, F.. is 0.29 and the associated exploitation rate is 23%. The
recovery schedule is as follows: Exploitation Rates

Current 60%
Year 3 48%
Year 6 37%
Year 8 23%

21 Novomber 1995 DBS - 5

C.2.2. Recreational Fishery Constraints.

The proposed minimum size limits would effect recreational landings of black sea bass in all States with
landings of black sea bass. In 1991, almost 100% of the sea bass were landed in States from New York
to North Carolina (Table 22). In States north of New York, landings were relatively small. In fact, during
most years from 1983-92, landings in North Carolina exceeded the landings in all the North Atlantic States
combined.

Analysis of 1990-92 intercept data for States from Now York through North Carolina indicated that 14 to
38% of the measured sea bass were less than 9" TL (Table 36). On a coastwide basis, Maine to Cape
Hatteras, NC approximately 28% of the black sea bass were less than 9" TL. Assuming a post-release'
mortality of 25%, the percent reduction in the number of black sea bass killed by anglers associated w ith a
9' TL minimum size limit would be 21 % (Table 37).

These assumed level of post-release mortality (hooking and handling mortality) used in the above
calculations is based on several studies. Bugley and Shepherd (1991) conducted a hooking mortality study
on black sea bass caught by hook and line in Nantucket Sound, MA. They estimated a hooking mortality
of 4.7% based on their sample size of 64 fish. However, these fish were caught in water depths of 6-12
m. Rogers et al. (1986) found severe trauma in black sea bass caught by hook and line in relatively deep
water 137 m) due to oral protrusions of the swim bladder. Of the 169 black sea bass collected by angling,
45 or 27% had protrusions of the swim bladder. Based on these studies and hooking mortality studies
conducted for other fish, the ASMFC technical committee assumed a 25% hooking mortality for black sea
bass caught by recreational fishermen.

Beginning in year 3, the same minimum. size of 10' TL would apply to the recreational fishery throughout
the management unit. Based on 1990-92 intercept data, 45.9% of the sea bass landed during these years
were less than this size (Table 36). However, increased survival of smaller fish due to minimum size
regulations and reduced discards in years 1 and 2 of the management program should allow larger fish !0
become more available to recreational fishermen in year 3. As a result, the short term effect of the 10 TL
minimum size to the fishermen in these states would be less than the 45.9% reduction associated with
1990-92 landings.

Based on the fishing mortality reduction schedule adopted by the Council and Commission, exploitation
would have to be reduced 20% in year 3 to achieve the target F. MRFSS data for 1990-92 indicate that
catch frequencies for black sea bass ranged from 1 to 150 fish per day on a coastwide basis (Table 38).
Based on these data, the reductions in exploitation associated with various possession limits for 1 to 50
black sea bass per trip were calculated (Table 39). The coastwide possession limit associated with a 20%
reduction in exploitation is 16 fish. The possession limit would increase when combined with size limits
and/or seasons.

Analysis of black sea bass recreational data indicated that nearly 30% of the annual landings occurred
from September through October for the years 1990 to 1992 combined (Table 40). Seasons based on this
MRFSS data could be established on a coastwide basis to reduce exploitation. A season could be
combined with the size limit to allow for higher possession limits.

C.2.3. Commercial Fishery Constraints.

C.2.3.1. Moratorium on Commercial Vessels.

The MFCMA (section 3031b)(6)) provides that a fishery management plan may establish a system for
limiting access to a managed fishery in order to achieve Optimum Yield if, in developing such system, the
Council and the Secretary take into account six factors:

A. Present participation in the fishery.

B. Historical fishing practices in, and dependence on, the fishery.

21 Novembw 1995 DBS - 6

C. The economics of the fishery.

D. The capability of fishing vessels used in the fishery to engage in other fisheries.

E. The cultural and social framework relevant to the fishery.

F. Any other relevant considerations.

These six factors are fully addressed in section 9.2 of this FIVIP.

C.2.3.2. Minimum fish size.

Historical commercial length frequencies were used as an estimate of potential short-term impacts of
length limits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NIVIFS Weighout Data and North Carolina DIVIF from 1982 to 1992 were used to
determine potential size limit effects. In general, size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

Based on NIVIFS weighout data, approximately 11 % of the measured black sea bass were less than 90 TL
for all otter trawl vessels with sampled landings (Table 43). This gear is associated with most of the
commercial landings coastwide; otter trawl vessels accounted for over 56% of the coastwide landings
based on 1983-1992 General Canvass data (Table 10).

A 9" TL minimum size regulation would have a slightly greater effect on landings from fish pots/traps, the
other predominant gear in the black sea bass fishery (this gear accounted for 33% of the landings from *
1983-92). Based on NIVIFS weighout data, almost 26% of the measured fish were less than 9" TL for the
4,592 black sea bass obtained from this gear from 1983 to 1991 combined (Table 43).

Size limit effects varied annually in North Carolina landings from the winter trawl fishery (Table 44). From
1983 to 1992, the amount of measured fish less than 9' TL ranged from 17.1 % to 38.9%. North
Carolina accounted fou 11 % of the coastwide commercial landings on average from 1983-1992.

Assuming that undersized fish are not.caught and discarded, minimum size regulations have positive
impacts on the stock. In general, because minimum sizes increase the size at full recruitment, yields are
increased as fishermen catch larger, heavier fish. In addition, minimum size regulations can increase the
resilience of the stock to overfishing, i.e., the biological reference points (F,..) can increase. Finally,
minimum size regulations can increase spawning stock biomass by allowing more fish to spawn. Sexual
'6aturity data for black sea bass indicate that 50% of the black sea bass are mature by a size of 7.7" TL.

C.2.3.3. Minimum mash size.

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass would only be
allowed to fish with nets that have a minimum mesh size of 4.0" diamond (3.5" square) in the codend.
The L255 (the length at which 25 % of the black sea bass are retained) is 9.3 inches for this mesh size (Table
45).

Landings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9" TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

21 November 1995 DO$ - 7

Black sea bass are a component of.the mixed trawl fishery in Southern Now England and the Mid-Atlantic.
Although Sea Sampling data indicate that fishermen may differentiate between species on a per tow basis
(i.e., target a single species on a tow), fishermen land many different species on a per trip basis. Based on
1992 NMFS weighout data, black sea bass are most frequently landed with Loligo squid, silver hake, scup,
and flounder. In fact, for trips landing a 100 or more pounds of black sea bass per trip, more Loligo squid
were landed than black sea bass in 1992 (Table 29).

Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermen would then have to use the 4.0" mesh if they decided to
target more black sea bass. Once the threshold was reached fishermen would have to properly stow other
cod ends for-the remainder of the trip.

Landings of black sea bass by fishermen targeting Loligo squid and scup on the same trip could be effected
-,-'by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels 9hd 29% of the trips
landing 2500 pounds or more of Loligo squid, landed over 95% of Loligo landed by all Loligo otter trawl
fishermen (Tables 48 and 49). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 50). However, the total pounds accounted for
approximately 41 % of all black sea bass landed by otter trawl fishermen in 1992.

Similarly, 52% of the vessels and 28% of the trips landing 1000 pounds or more of scup, landed over
.95 % of scup landed by scup otter trawl fishermen (Tables 51 and 52). Based on this 1000 pound
threshold, black sea bass'comprise slightly more than 1.1 % of the total fish landed on these trips (Table
53). Because scup and Loligo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed Loligo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
(squid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs; of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the black sea bass regulations. A 6" minimum mesh size is
required for most of the Now England groundfish species. The minimum mesh size for summer flounder is
5.5" with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would requil
that fishermen use a 4.5" tail bag to reduce catch of sublegal fish, i.e. those less than 9" TL.

21 November 1995 DOS - 8

encounter.

C.2.3.4. Maximum roller diameter.

It would be illegal for owners or operators of vessels issued moratorium permits to use roller rig trawl gear
-equipped with rollers greater than 18" in diameter. A 180 diameter corresponds to the maximum roller
diameter limitation imposed by the state of Massachusetts to regulate this gear in state waters.

Roller diameter is correlated with vessel size and the ability of vessels to fish rough, hard bottom areas.
Larger roller sizes require larger engine sizes to pull the net. An engine size with an associated horsepower
of 800-900 hp is required to tow a net with 18w to 24" rollers whereas 10w to 12" rollers can be pulled by
a boat using a 175-200 hp engine (D. Simpson pers. comm.).

Information is lacking as to the relationship between roller diameter and the size of obstruction that it can
clear. In general, 10-12" diameter rollers can be used for fishing over rough bottom that can include
ledges and cliffs. Limitations on roller size will make some areas of the ocean inaccessible to trawls by
preventing fishermen from trawling in the harder, rough bottom areas. As a result, black sea bass
associated with these areas would be protected from harvest allowing more fish to grow to maturity and
spawn increasing stock biomass and yields.

C.2.3.5. Minimum escape vent requirement.

Black sea bass pots are required to have a minimum escape vent of 1 1/8" x 60 or 2.5a in diameter. The
escape vent provision would be implemented at the start of the first calendar year following FMP approval
so that fishermen would not be required to pull their pots and add vents in the middle of the season.

During the development of this plan, Council staff proposed that black sea bass pots or traps have escape
vents that would allow for the release of undersized fish. Although there were a number of studies that
indicated that escape vents release fish from pots and traps, there were a lack of specific studies on black
sea bass. MAFMC staff initiated a project in 1994 to determine the size selectivity of traps fitted with
vents of various sizes.. The objective of the study was to determine the vent size which allowed 50%
escapement of black sea bass below the proposed minimum size limits of 90 and 10* TL.

In the stud@, the catch and size distribution of black sea bass taken in commercial sea bass pots fitted with
escape vents was compared to catches from unvented traps. Four strings of 25 traps (100 traps) were
fished from May through October, 1994 on commercial fishing grounds in areas offshore from Cape May,
NJ to Ocean City, MD. A total of 9 trips were made to haul the traps.

A total of 100 traps were assigned a vent size of 1 1 /8" x 6", 1 1 /4" x 6", 1 3/8" x 6", 1 1 /2' x 6w, or no
vent 1control). The traps with the various vent sizes were randomly placed in groups of five on the four
strings. The vents were made from aluminum and were patterned after the vents used in lobster traps.
Vents were placed vertically in the door of the trap such that they would allow fish to escape from the
lower corner of the parlor portion of the trap. The lower comer location was used as the result of aquarium
studies that indicated sea bass almost always tried to escape from a lower comer after they were placed in
a trap (G. Shepherd pers. comm.).

21 Navomber 1995 DOG - 9

A total of 5574 black sea bass were measured from the 100 traps from April through October. Black sea
bass ranged in size from 16.5-36.5 cm. The control traps caught the largest number of sea bass (n = 1534)
followed in descending order by traps with the experimental vents: 1 1/8" (n=1164), 1 1/4" (n=644) 1
318" (n=397) and 1 1/2' 0=305).

Result indicate that vents do release undersized black sea bass. Length frequency histograms for black sea
bass from each vent. size compared to the control are presented in Figures 12 - 15. Based on these length
frequencies, the Lso derived for traps fitted with the 1 1/8" and 1 1/4" vents was 8.7" TL and 10.1" TL,
respectively (Table 54). Based on these results, a 1 1/8" x 6" vent will be required for traps during the first
two years of the management program when the size limit will be 9" TL and 1 1/4* x 6w when the size
limit is 100 TL.

Pots and traps accounted for approximately 33% of the total commercial landings for the period 1983-
1992. However, in recent years the proportion of the landings attributable to this gear has generally
increased. In 1991, this gear accounted for almost 62% of the landings. The escape vents will allow for a
significant proportion of undersized fish to escape alive. Currently, relatively few sea bass fishermen in
the Mid-Atlantic have escape vents in their pots and traps. This gear is fished at varying depths and
hauled to the surface quickly with hydraulic or electric pot hauler. As a result, fish may experience internal
trauma due to changes in pressure and a significant portion may not survive (Rogers et al. 1986).
Although many pot fishermen use sorters on deck to release nonmarketable fish, the escape of these fish
from the traps before they are hauled will significantly increase survival.

In addition, fishermen are encouraged to use sorting devices that allow for undersized fish to be returned
quickly to the water. Combined, the escape vent provisions and sorting devices will significantly reduce
the number of undersized fish that are killed by pot fishermen. This reduction in sublegal mortality will
increase yields and the amount of mature fish in the stock.

C.2.3.6. Degradable fasteners in traps.

Black sea bass pots would be required to have hinges and fasteners of one panel or door made of
degradable materials. These materials would allow the door or panel of a trap to fall away from an
unattended trap. This would prevent lost traps from "ghost fishing", i.e., continuing to catch and retain
fish that could not be removed from the trap. Thus black sea bass and other species of fish and.
invertebrates typically caught by these traps could escape preventing waste and lost yields in a number of
fisheries.

C.2.3.7. Commercial quota.

Beginning in year 3 a quota would be allocated to the commercial fishery to control fishing mortality. The
quota would be based on stock assessment information on projected stock size estimates for that year.
Estimates of stock size coupled with the target fishing mortality rate would allow for a calculation of total
allowable landings. Based on the historic proportions of commercial and recreational landings for 1983 to
1992, 42% of the total target would be allocated to the commercial fishery. Note that this percentage
would change to refiect the revisions to the MRFSS data set that will be available in 1995.

21 November 1995 DB8 - 10

Essentially the fish that contribute the most to the spawning population, fish 100 TL and larger, would
continue to experience high mortality rates; overfishing would not be reduced. The commercial quota will
control mortality on fully recruited, older fish.

Combined, these management measures, the minimum size regulation and the commercial quota, will
prevent overfishing and reduce waste. As the stock rebuilds, commercial quotas would increase.

C.2.4. Special Management Zones.

The intent of a SMZ is to enhance management of fishery resources on or around artificial reefs while
optimizing fishing opportunities that would not otherwise exist. Artificial reefs are costly and provide
benefits that can be easily nullified by the use of certain types of fishing gear. In addition, certain types of
gear pose various threats to the reef structure and associated fishery resources, including: a) entanglement
of other boating and fishing gear, b) entanglement in the reef structure (*ghost gear"), and c) damage to or
movement of reef structure.

Many artificial reefs, including those constructed by State governments, are located in the EEZ. If
management measures are needed to control fishing on and around those artificial reefs, they must be
developed through a fishery management plan. Providing a process through which the Council can develop
these measures on a case by case basis is an efficient way of achieving this control.

However, such a system must be coupled with a process that provides the Council an opportunity to
comment, in a timely manner, on the location of artificial reefs before they are constructed. Industry
advisors report that on'occasion artificial reefs are constructed in existing black sea bass habitat areas,
thereby possibly accomplishing a de facto allocation of a portion of the fishing grounds from the pot or
trawler fishery to the@;hook and line fishery. While such allocations may be appropriate from time to time,
they should be made only after all potentially affected interests are aware of the proposal and have an
opportunity to comment.

C.2.5. Fishery Impact Statement.

Clearly, there will be impacts from the adopted plan. However, if overfishing is to be eliminated, fishing
mortality must be reduced (section 9.2.2.1). The real test of impacts is whether the fishing mortality
reduction period adopted by the Council represents the best compromise between the probability that the
stock will recover and the minimization of costs to the fishing industry. Achieving the fishing mortality
reduction target in the first year would probably require closure of the fishery, thus maximizing costs to the
fishermen.

The adopted management measures are considered the most reasonable to achieve the fishing mortality
rate reduction target available at this time. The moratorium is included to increase probability of
compliance with the management program in the near term. It will also provide a mechanism for
participants to share in the recovery of the resource rather than having the dividend of recovery dissipated
over additional vessels that could enter the fishery as soon as the resource has recovered. This technique
was used to great success with the surf clam fishery.

In terms of the consultative requirement of this provision of the Magnuson Act, since the management unit
of the FMP is black sea bass in US waters in the western Atlantic Ocean from Cape Hatteras, North
Carolina northward to the US - Canadian border, the South Atlantic and New England Councils were invited
and did designate members of their Councils to the Mid-Atlantic Council's Demersal Species Committee,
the oversight committee for this FMP. Additionally, both Councils were invited to appoint industry advisors
to the Mid-Atlantic Council Black Sea Bass Advisory Panel.

21 November 1995 DEIG - 11

The impacts of the proposed actions on participants in the black sea bass fisheries including analyses of
biological, economic, and social impacts are described in section 9.2 (Analysis of Beneficial and Adverse
Impacts of Adopted Management Measures), in Appendix 1 (Alternatives to the Amendment) and in
Appendix 2 (Regulatory Impact Review) of the FMP. The Mid-Atlantic Fishery Management Council
commissioned two reports to assess the probable socio-economic impacts of management options
identified in the draft FMP. The first report titled wPart 2, Phase 1, Fishery Impact Statement Project, Mid-
Atlantic Fishery Management Council' by McCay et a/. (1993), described the people and communities
involved in the region's fisheries. The second report titled "Social and Economic Impacts of the Draft
Management Plans for Black Sea Bass and Scup* by Finlayson and McCay (11994), assessed the probable
socio-economic: impacts of management options identified in the draft FMP. These reports are summarized
in section 9.2.2.7 of the FMP.

C.2.6. Summary.

The above items are the major measures for this FMP. This resource has become over-exploited and over-
capitalized. This FMP is intended to reduce exploitation and to make certain that the resource is there on a
long term basis to provide high, long-term yields. If no management is undertaken and the resource
continues to be overfished, catch per effort will continue to decline, the resource biomass will continue to
decline, and the potential for stock collapse will be higher. The lack of effective management could drive
the fishery to the brink of commercial extinction, as has happened with New England groundfish.

C.3. AREAS OF CONTROVERSY.

There were a number of controversial issues associated with this FMP during its development. The
preferred alternative includes an immediate moratorium. The commercial quota and minimum mesh
regulations were also controversial on the commercial side while the minimum fish size has generated a lot
of discussion from recreational fishermen. It is believed that additional areas of controversy can be
resolved by the Council following the public hearing process. The Hearings will be summarized and
included with the final FMP when it is submitted.

C.4. ISSUES TO BE RESOLVED.

Given the condition of the resource,4 the Council knew when it began work on the FM P that stringent
management measures would be required to address overfishing. The alternatives were developed after
extensive public discussion and debate, and all parties acknowledge that the adoption of these
management measures would have significant impact on the fisheries and the associated human
environment. Several proposed management measures were revised in response to impacts identified
during the course of the public discussion of the proposed management measures. If the proposed
management scheme is adopted and reveals unforeseen negative impacts, these will be evaluated and
responded to in future amendments.

C.S. MITIGATION.

There are no issues in the proposed management measures for this FMP that require mitigation at this
time. The NMFS; was asked in the spring of 1994 to initiate the Endangered Species Act Section 7
consultation for this FMP and they responded that they needed to review the drafted FMP first. Both
NMFS (marine mammals, sea turtles, and shortnose sturgeon) and Fish and Wildlife Service (birds) were
asked to initiate the Endangered Species Act Section 7 consultation process as soon as the FMP is
available for public hearings.

D. PURPOSE AND NEED

D.1. BLACK SEA BASS ARE OVEREXPLOITED.

21 Novomber 1995 DB6 - 12

Commercial landings of black sea bass have declined dramatically from the peak landings of 22 million
pounds reported in the 1950's. In fact, commercial landings in 1992 were about 3 million pounds, slightly
less than the 1983-1992 average of 3.6 million pounds. However, recreational landings in 1992, at 3.3
million pounds, were nearly 2 million pounds lower than the 1983-1992 average of 4.9 million pounds.

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 per days fished for trips landing more than
25% black sea bass, peaked at 11.3 in 1984, and then declined to a low of 1.6 in 1992. Standardized
LPUE increased slightly to 3.2 in 1993 (NEFSC 1995).

The 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 index for black sea bass recruits (fish
longer than 20 cm SU 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 6.1 fish per
tow. The spring index declined from 6.1 fish per tow in 1977 to a low of 0.2 per tow in 1982. More
recently the spring index was 0.9 in 1993 and declined to 0.3 in 1994 (NEFSC 1995). The fall pre-recruit
indices show a similar trend (i.e., relatively low recent values compared to the mid-1 970's).

Based on current conditions in the fishery, yield per recruit analysis indicates that F,. for black sea bass-is
0.29 (NEFSC 1992). Based on results of a virtual population analysis, the current fishing mortality rates is
1.05. This indicates that black sea bass are overexploited.

D.2. MIXED SPECIES FISHERY.

The Mid-Atlantic mixed species trawl fishery relies principally on summer flounder, Loligo squid, scup, and
whiting, but also harvests significant quantities of black sea bass, winter flounder, witch flounder,
yellowtail flounder, and other species either as bycatch or in directed fisheries. Many of these species are
also principal components of the southern New England trawl fisheries since stock migrations occur
between the Mid-Atlantic Bight and this area.

Generally, fishing activity follows these species as they make annual migrations from south to north and
from offshore to inshore waters. Fishing effort is concentrated northerly and inshore in summer when a
wide range of vessels have access to the stocks. In winter, effort is concentrated southerly and offshore,
primarily by larger vessels. Although the majority of landings are taken by otter trawls, black sea bass are
landed by many other types of fishing gear: midwater trawls, pots and traps, pound nets and hand lines.
At any particular time, fishermen may target a single species with certain gear, but significant bycatch of
other species usually occurs in conjunction with the targeted species, depending on the fishing technique.

The Council has included no measures in this FMP at this time to specifically address the mixed trawl
fishery problem, although the Council considered the implications of the mixed trawl fishery when
developing the proposed measures. The Council is working to develop a mixed trawl fishery management
strategy and the framework management measures put in place through this FIVIP could be used to
implement the measures developed through this process.

D.3. INCREASED FISHING PRESSURE.

21 November 1995 DBS - 13

Nearly all the major groundfish fisheries in Now England (haddock, yellowtail flounder, redfish, cod, etc.)
have had theirstocks; severely depleted or have current catch levels which exceed long term potential
catch (USDC 1990). There have also been declines in South Atlantic and Gulf of Mexico fishery resources.
Consequently, it is probable that more effort will be directed towards black sea bass, exacerbating current
problems of high exploitation rates. Because of the potential for an increased number of entrants into the
fisheries, increases in effort by present participants, as well as technological advances that have increased
the efficiency of gear, there is a need to limit and reduce effort in the black sea bass fishery.

D.4. LACK OF UNIFORM MANAGEMENT.

The highly migratory nature of black sea bass complicate the development of management strategies since
fishing activities in the EEZ or waters of a few states could adversely impact the stocks. The SAFMC
Snapper/Grouper FMP contains a 8" TL minimum size limit for black sea bass in the South Atlantic EEZ,
but no regulations for black sea bass exist for the New England or Mid-Atlantic EEZ. In addition, although
several states have minimum size limits for black sea bass, no unified approach currently exists to protect
this valuable species in state waters.

D.5. INCONSISTENT AND INADEQUATE ENFORCEMENT.

D.6. LACK OF DATA.-

National Standard 2 states that ameasures shall be based upon the best scientific information available".
Although recreational and commercial catch data for black sea bass are adequate to formulate and
implement management measures, data collection should be improved. An improved data base will allow
the Council to more finely tune the management system to the needs of the fishery. These data are
necessary to assess the impact and effectiveness of management measures, as well as monitor reductions
in fishing mortality and increases in stock size to determine if additional amendments to the FMP will be
necessary. For example, the absence of a permit to sell requirement in some states, which allows direct
sale of catch to retail establishments by fishermen, may result in under reporting of commercial landings
that complicates the development, implementation, and enforcement of fishery management strategies.

D.7. HABITAT DEGRADATION.

Black sea bass are continental shelf species that spend significant portions of their lives in coastal waters.
Black sea bass make inshore and northern migrations during warm months and are found in tidal bays and
sounds as well as the ocean environment. Those same areas are known to be increasingly affected by
coastal development (e.g., dredging, marinas, docks, etc.) and the related declines in habitat quality and
quantity. This increase in habitat degradation plays an important role in black sea bass population health.

21 November 1995 D88 - 14

E. ALTERNATIVES INCLUDING THE PROPOSED ACTION

E. I. DESCRIPTION OF PROPOSED MANAGEMENT MEASURES.

The Council has adopted the following management measures for this FMP for purposes of public hearings.
Beginning in year 1 of the management program, the following management measures would be
implemented:

1. Operator permits for commercial and party and charter boats.

2. Vessel permits for party and charter boats.

3. Vessel permits for commercial vessels 1permits to sell) under a moratorium on entry of additional vessels
into the fishery. Vessels with documented landings of black sea bass for sale between 26 January 1988
and 26 January 1993 quality for a moratorium permit to land and sell black sea bass under this moratorium
program,

4. Dealer permits (permits to purchase).

5. Permitted vessels may only sell to permitted dealers and permitted dealers may only buy from permitted
vessels.

6. Party and charter boat, commercial vessel, and dealer reports.

7. The hinges and fasteners of one panel or door in black sea bass pots or traps must be made of one of
the following degradable materials:

a. untreated hemp, jute, or cotton string of 3/160 (4.8 mm) diameter of smaller;
b. magnesium alloy, timed float releases Jpop-up devices) or similar magnesium alloy

fasteners; or
c. ungalvanized or uncoated iron wire of 0.062" (1.6 mm) diameter or smaller.

8. A maximum size of 18" diameter for rollers used in roller rig trawl gear.

9. Special management zones around artificial reef areas.

The Council has adopted the following management measures for years 1 and 2 of the management
program:

1. A 9' total length (TL ) minimum fish size in all fisheries.

2. The minimum otter trawl mesh size for vessels retaining more than 100 lbs of black sea bass would be
4.0" (stretch mesh inside measure).

3. Black sea bass pots would be required to have a minimum escape vent of 1 - 1/8" X 6" or 2.5* in
diameter. The escape vent provision would be implemented at the start of the first calendar year following
FMP approval so the fishermen would not be required to pull their pots and rebuild them in the middle of
the season.

The Council has adopted the following management measures for year 3 and subsequent years of the
management program:

1. A 10" total length (TU minimum fish size in all fisheries which may be adjusted annually on a
framework basis.

21 November 1995 DEIS - 15

2. Black sea bass pots.-would be required to have a minimum escape vent of 1 - 1/4" X 6" or 2.75" in
diameter.

3. The minimum mesh size for vessels retaining more than 100 lbs of black sea bass would be 4.5"
(stretch mesh inside measure). The minimum mesh size may be adjusted annually on a framework basis.

a. Commercial: A coastwide commercial quota with Federal permit holders being
prohibited from landing (selling) after the quota had been landed. Quota overruns
would be deducted from the subsequent year. All states would need to prohibit
black sea bass sales following federal sales prohibition.

b. Recreational: A coastwide possession limit, season, and recreational harvest
limit. Landings in excess of the limit would be deducted from the harvest limit for
the subsequent year.

E.1.1. General Management Measures Applicable to All Alternatives.

Included in this section, are the general management measures that are applicable to all the alternatives.
These include descriptions of the specification of OY, overfishing definition, fishing mortality rate reduction
strategy,- permits and fees, the Black Sea Bass Monitoring Committee, experimental fishing, enforcement
recommendations, and specification and sources of pertinent fishery data. These are described in 9.1 of
the FMP.

E.1.2. Commercial Fishery Measures.

The preferred alternative includes a combination of commercial quotas, minimum fish sizes, minimum mesh
sizes, maximum diameter for rollers on roller rig gear, minimum escape vent requirements, degradable
fasteners in traps and a moratorium on new entrants. Many of these measures are frameworked and can
be adjusted annually based upon the target fishing mortality reduction schedules. The preferred alternatives
are described in section 9.1.2.3 of the FMP.

E.1.3. Recreational Fishery Measures.

Recreational fishery constraints include the possibility of minimum size, bag limits and seasonal restrictions,
all of which can be adjusted annually to achieve the target fishing mortalities.

E.1.4. Non-preferred alternatives to the proposed management measures.

There are currently nine alternatives that differ from the preferred action alternative described in section
E.11.2 and E.1.3. These alternatives are described and evaluated in Appendix I of the FMP. Some of these
nine alternatives are single item specific while others combine multiple management measures. There are
nine specific alternative because the Council has considered them as separate entities over time. There is
no belief that all of the alternatives will have the same reduction in fishing mortality, or that some of these
may not become part of the final preferred combination of alternatives. The Council is soliciting public

21 November 1995 DBS - 16

comments. on all of the non-prefeffed alternatives. Of course, the overall sociological characterization of
the various ports and fisheries that are described in the Fishery Impact Statement of the FMP are applicable
to these non-preferred alternatives. The public hearing process will also provide significant input as to the
sociological impacts of the various alternatives.

E.2. EVALUATION OF THE PROPOSED ACTION.

The preferred management measures are evaluated in section 9.2 of the FMP.

E.3. ALTERNATIVES TO THE PROPOSED ACTION.

The non-preferred management measures are evaluated in Appendix I of the FMP.

F. AFFECTED ENVIRONMENT

The distribution and habitat requirements of black sea bass are described in section 6 of the FMP. The
description of the fishery can be found in section 7 of the FMP. The economics of the black sea bass
fisheries are described in section 8 of the FMP. The social characterization of the black sea bass fisheries
can be found in the Fishery Impact Statement of the FMP which is section 9.2.2.7.

G. ENVIRONMENTAL CONSEQUENCES

The analysis of impacts is conducted with specific reference to the guidance presented in NOAA Manual
216-6 regarding the determination of environmental significance. Section 13(b) presents 5 criteria against
which the proposed action and any alternatives should be evaluated.

G.1. WILL THE ALTERNATIVES BE REASONABLY EXPECTED TO JEOPARDIZE THE LONG-TERM
PRODUCTIVE CAPABILITY OF ANY STOCKS THAT MAY BE AFFECTED BY THE ACTION?

G.1.1. Proposed Action (moratorium on commercial vessels, reduction in overfishing, recreational
constraints frameworked to allow for minimum fish sizes, seasonal restrictions and bag limits, special
management zones (SMZ) around artificial reefs, as well as, commercial constraints frameworked to allow
for minimum fish sizes, minimum mesh sizes, maximum roller diameters, minimum escape vents,
degradable fasteners for traps, and a commercial quotas).

Black sea bass are significantly overfished and have an extremely truncated age distribution. The reduction
in fishing mortality that will occur during the next eight years of proposed management measures will be
highly beneficial to this resource.

Minimum mesh size and minimum fish size will encourage fishermen from targeting on schools of small
individuals that would need to be discarded. Minimum size and mesh size requirements should generally
increase yields and spawning stock biomass. It is hoped that the capability for creation of special
management zones around artificial reefs can assist in the reduction of fishing mortality and the reefs can
serve as somewhat as sanctuaries for black sea bass. The scientific community is undecided on the value
of artificial reefs and SMZs because there is the potential that fishing effort becomes concentrated and
thus fishing mortality can actually increase without successful management of the SMZ. The Council is
eagerly following the scientific debate on SMZs.

The proposed actions of this FMP will place the black sea bass resource under management. Overfishing
will be reduced and the fisheries will eventually be maintained at maximum sustainable yield levels. Other
proposed actions provide for the acquisition of critical data and information to improve future management.
A framework adjustment procedure is incorporated in the FMP to allow changes to be made in the
management measures as now and better information is acquired. The Monitoring Committee will meet
annually to recommend measures that are frameworked which will allow the target fishing levels to be

21 Novombor 1995 DBS - 17

attained. It is important to note that the cooperation of State governments is essential if black sea bass are
to be successfully managed throughout their range.

Historical commercial length frequencies were used as an estimate of potential short-term impacts of
length Hmits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NMFS Weighout Data and North Carolina DMF from 1982 to 1992 were used to
determine potential size limit effects. In general, size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

Based on NMFS weighout data, approximately 11 % of the measured black sea bass were less than 9" TL
for all otter trawl vessels with sampled landings (Table 43). This gear is associated with most of the
commercial landings coastwide; otter trawl vessels accounted for over 56% of the coastwide landings
based on 1983-1992 General Canvass data (Table 10).

A 9' TL minimum size regulation would have a slightly greater effect on landings from fish pots/traps, the
other predominant gear in the black sea bass fishery (this gear accounted for 33% of the landings from
1983-92). Based on NMFS weighout data, almost 26% of the measured fish were less than 9" TL for the
4,592 black sea bass obtained from this gear from 1983 to 1991 combined (Table 43).

Size limit effects varied annually in North Carolina landings from the winter trawl fishery (Table 44). From
1983 to 1992, the amount of measured fish less than 9" TL ranged from 18.3% to 40.7%. North
Carolina accounted for 11 % of the coastwide commercial landings on average from 1983-1992.

Assuming that undersized fish are not caught and discarded, minimum size regulations have positive
impacts on the stock. In general, because minimum sizes increase the size at full recruitment, yields are
increased as fishermen catch larger, heavier fish. In addition, minimum size regulations can increase the
resilience of the stock to overfishing, i.e., the biological reference points (F,..) can increase. Finally,
minimum size regulations can increase spawning stock biomass by allowing more fish to spawn. Sexual
maturity data for black sea bass indicate that 50% of the black sea bass are mature by a size of 7.7" TL.

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass would only be
allowed to fish with nets that have a minimum mesh size of 4.00 diamond (3.5" square) in the codend.
The L2. (the length at which 25% of the black sea bass are retained) is 9.3 inches for this mesh size (Table
45).

Mesh selectivity studies have not been conducted for black sea bass. The relationship between body
depth and total length as derived by Weber and Briggs 0 983) was used to calculate the 50% retention
lengths for black sea bass. A selection range of 2 inches (based on selectivity studies conducted on fish
of similar shape) was then used to estimate 25% and 75% retention lengths.

Landings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9" TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

21 November 1995 DBS - 18

The 100 pound threshold would effect 62% of the vessels and 34% of the trips that landed black sea bass
in 1992 (Table 47). These trips accounted for 95% of the black sea bass landed by otter trawl vessel in
1992.
Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermerv'would then have to use the 4.0" mesh if they decided to
target more black sea bass. Once the threshold was reached fishermen would have to properly stow other
cod ends for the remainder of the trip.

Landings of black sea bass by fishermen targeting LoAgo squid and scup on the same trip could be effected
by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels and 29% of the trips
landing 2500 pounds or more of LoAgo squid, landed over 95% of LoAgo landed by all LoAgo otter trawl
fishermen (Tables 47 and 48). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 50). However, the total pounds accounted for
approximately 41 % of all black sea bass landed by otter trawl fishermen in 1992.

Similarly, 52% of the vessels and 28% of the trips landing 1000 pounds or more of scup, landed over
95 % of scup landed by scup otter trawl fishermen (Tables 51 and 52). Based on this 1000 pound
threshold, black sea bass comprise slightly more than 1. 1 % of the total fish landed on these trips (Table
53). Because scup and LoAgo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed LoAgo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
(squid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

These mesh provisions may have minimal effect on bycatch species. Most of the species caught with
black sea bass are regulated, or have proposed regulations that require mesh sizes and/or minimum fish
sizes that equal orexceed the black sea bass regulations. A 6' minimum mesh size is required for most of
the New England groundfish species. The minimum mesh size for summer flounder is 5.5" with a minimum
fish size of 13" TL. The proposed minimum size for black sea bass would require that fishermen use a
4.5" tail bag to reduce catch of sublegal fish, i.e. those less than 90 TL.

Generally, sorting of otter trawl caught fish is begun immediately after redeployment of the net.
Marketable species -are sorted by size category and placed on ice as rapidly as possible. Once the valuable
catch is stored, undersized fish and non-marketable bycatch are generally shoveled or picked overboard.
Several hours may lapse before discarded fish are returned to the sea, resulting in high discard mortality
rates.

The NMFS contracted with the Manomet Bird Observatory to place observers on US boats beginning in
1989 to collect a variety of data on the vessels, personnel, and catch. Unfortunately sea sampling data on
these fisheries are limited. There are no observer data available for the catch and discard from the large
freezer-trawlers.

21 November 1995 DEIS - 19

In general, the species that coexist with black sea bass were also the species that commonly appeared in
the directed fisheries. The landings data that are summarized above reflect market value and not
necessarily the actual catch from a specific trawl. The ecological niche that black sea bass inhabit includes
their prey and predators.

Black sea bass are opportunistic bottom feeders that eat crustaceans, fish, mollusks, echinoderms, and
plants (Hildebrand and Schroeder 1928, Miller 1959, Cupka at al. 1973, Unk 1980, Steimle and Ogren
1982). The primary*diet items for adult black sea bass are crabs and fish whereas young black sea bass
eat shrimp, isopods, and amphipods (Kendall 1973). Food consumption varies seasonally in association
with spawning activity. Feeding slows during the spawning season (Cupka at al. 1973) and is heaviest in
the 6-month period following spawning (Hoff 1970).

Black sea bass share common food resources and habitat preferences with a number of fish that comprise
the hard bottom reef fish community of the Mid Atlantic Sight (Ekluund and Targett 1991).

The creation of special management zones around artificial reefs is also part of the proposed preferred
alternative that may have positive environmental benefits. The intent of an SMZ is to enhance
management of fishery resources on or around artificial reefs while optimizing fishing opportunities that
would not otherwise exist. Artificial reefs are costly and provide benefits that can be easily nullified by the
use of certain types of fishing gear. In addition, certain types of gear pose various,threats to the reef
structure and associated fishery resources, including: a) entanglement of other boating and fishing gear, b)
entanglement in the reef structure (*ghost gear"), and c) damage to or movement of reef structure.

However, such a systern must be *coupled with a process that provides the Council an opportunity to
comment, in a timely manner, on the location of artificial reefs before they are constructed. Industry
advisors report that on occasion artificial reefs are constructed in existing black sea bass habitat areas,
thereby possibly accomplishing a de facto allocation of a portion of the fishing grounds from the pot or
trawler fishery to the hook and line fishery. While such allocations may be appropriate from time to time,
they should be made only after all potentially affected interests are aware of the proposal and have an
opportunity to comment.

The proposed action will also address problems of species diversity and abundance that have been
increasing over the past decade. The proposed action will enable black sea bass to maintain themselves,
and will hopefully prevent the type of species replacement (by less desirable species like skates and rays)
that has occurred on Georges Bank and elsewhere after major targeted species have been cropped by
fishing pressure. The problem of species replacement is becoming a great concern. The 1994 autumn
bottom trawl survey conducted by NEFC showed a continuing dominance of cartilaginous fish (dogfish,
skates, and rays). Nearly three fourths of the survey's total weight was of cartilaginous species whereas
catches of the three "traditionalo groundfish species (cod, haddock, and yellowtail flounder) comprised only
3% of the total (USDC 1994a).

The importance of biological diversity cannot be understated. The synergistic effects of the sum of the
world's biota is directly responsible for maintaining the gaseous composition of the atmosphere, regulating
the world's hydrology, generating and maintaining soils and nutrients, detoxifying wastes, driving
biogeochemical cycles, controlling pest epidemics, and providing plant pollination, thus making human life
on Earth possible. In addition, select species are used by humans to enhance the quality of life. For
example, many plants contain active ingredients which are used in pharmaceuticals. Humans also use

21 November 1995 D88 - 20

species for food and shelter. Almost all of these 69cosystern services" are at present irreplaceable by
technology. Technologies to replace lost elements of biological diversity are extremely limited if not non-
existent (Atlantic Biodiversity Center 1994).

At this moment, human activities are inadvertently forcing species and populations into extinction at an
unprecedented rite. How fast is this diversity disappearing? Harvard's Cradoord Laureate ecologist E. 0.
Wilson@_' conservatively estimated that the annual extinction rate in 1990 was 4,000 to 6,000 species per
year. io put this into perspective, this rate of extinction is 10,000 times faster than the 'background" or
normal rate of extinction. Moreover, this may even be faster than the rate of extinction that occurred
during the Cretaceous-Triassic extinctions (i.e. the dinosaur extinctions) over 65 million years ago.
Biodiversity is in a constant state of being created and destroyed through the process of extinction and
3peciation. But speciation, a process which takes thousands of years, is not keeping pace with extinction.
The result is our present stat of increasing global biotic impoverishment (Atlantic Biodiversity Center
1994).

The issue of biological diversity, or biodiversity, is a general term referring to an extremely complex
ecological issue. It is often defined simply as wthe variety and variability of life" or "the diversity of genes,
species, and ecosystems" (Council on Environmental Quality 1993). In fact, biodiversity does comprise the
variation between and among major ecological elements, but the significance of that diversity is not
communicated by these definitions.

Biodiversity is a new and more explicit expression of one of the fundamental concepts of ecology,
popularly stated as 'everything is connected to everything else." Emerging concern about biodiversity
reflects an empirically based recognition of the fundamental interconnections within and among various
levels of ecological organization. Ecological organization, and therefore biodiversity, is a hierarchically
arranged continuum, and reduction of diversity at any level will have effects at the other levels (CEO
1993).

Fundamental to our understanding of biodiversitylls the recognition that the biological world is not a series
of unconnected elements, and that the richness of the mix of elements and the connections between those
elements are what sustains the system as a whole (CEO 1993).

In the -past, biologists relied upon measurements of species diversity or species richness - simple measures
of the number or distribution of species in a given area - to describe biodiversity. However, these
measures do not consider the issues of ecosystem and genetic diveisity and typically treat all species alike,
whether native or introduced, common or rare (CEQ 1993).

Concern for biodiversity is often misinterpreted as a desire to maximize the diversity (usually species
diversity) of every area. In fact, managing for maximum diversity might actually impoverish natural
biodiversity. For example, introducing small-scale habitat disturbances might increase local biodiversity by
favoring the spread of opportunistic, 'weedy' species. However, the same activity may decrease the
available habitat for species at risk regionally, and regional or global biodiversity may be diminished (CEQ
1993).

The CEO (11993) report list six main factors the contribute to the decline of biodiversity. These six main
factors are: physical alteration, pollution, overharvesting, introduction of exotic species disruption of
natural processes, and global climate change. Of course, these six factors all have the @verpopulation
problem (section F.3) at their root.

This FMP is designed to prevent the overharvesting of black sea bass. The prevention of overfishing is the
requirement of the first National Standard of the MFCMA and the only real factor that affects biodiversity
that the Fishery Management Councils can control. The Councils make recommendations to the Secretary
of Commerce in the FMPs (section 6.6) for ways to minimize or stop the effects of pollution on the species
managed. However at this time these are only recommendations. It is hoped that with reauthorization of
the MFCMA in 1995, that Congress will give more authority to the Councils and NMFS for ways to
conserve fishery habitats and reduce the impacts of pollution. The other four factors are really out of the

21 November 1995 DEIS - 21

purview of the fishery management process.

G. 1. 2. No Action.

The no action alternative will jeopardize the long-term productive capability of black sea bass. The NMFS
does not have an estimate of the long-term potential yield (USDC 1993), however commercial landings of
up to 22 million pounds occurred in the early 1950's (section 7). Black sea bass need to be rebuilt, in that
they are heavily over-exploited. Commercial black sea bass landings have declined substantially since peak
landings in the 1950's. Since 1983, commercial black sea bass landings have averaged approximately 3.6
million pounds per year or 42% of the total landings, recreational and commercial landings combined (Table
9). In 1992, fishermen landed approximately 6.3 million pounds of black sea bass of which commercial
landings accounted for approximately 3 million pounds. This represents a decline from 4.3 million pounds,
the largest amount of black sea bass landed by commercial fishermen during the period 1983 to 1992.

The 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 index for black sea bass recruits (fish
longer than 20 cm SQ 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 6.1 fish per
tow. The spring index declined from 6.1 fish per tow in 1977 to a low of 0.2 per tow in 1982. More
recently the spring index was 0.9 in 1993 and declined to 0.3 in 1994 (NEFSC 1995). The fall pre-recruit
indices show a similar trend (i.e., relatively low recent values compared to the mid-1 970's).

Overfishing for black sea bass is defined as fishing in excess of the F,. level. Based on current conditions
in the fishery, yield per recruit analysis -indicates that F,.. for black.sea bass is 0.29. Current estimates of
fishing mortality indicate that the current mortality rate is 1.05. This, coupled with the above information,
that is, the decrease in landings, reduced CPUE, and low survey indices, indicate that black sea, bass are
overexploited, and the no action alternative will jeopardize the long-term potential of the stock.

The no action alternative will also have negative impacts on other species and habitat. The purpose and
need section (D) of this EIS identifies problems of the mixed species fishery, the increasing fishing
pressure, and habitat degradation, all problems that will be beneficially helped by implementation of
management measures for black sea bass.

G.1.3. Other Alternatives.

Adoption of the alternatives other than the proposed action may increase the likelihood that management
measures may jeopardize the long-term productive capability of this resource and reduce biodiversity. In
general, the other alternatives could be combined in order to meet the FMP objectives, especially the
overfishing objective (objective 1), the reduction of fishing mortality on immature black sea bass objective
(objective 2), and the improvement of yield objective (objective 3), but it is not a requirement since most of
the alternatives being considered are perceived as "stand-alone" alternatives. From the commercial fishing
segment, it is possible that a restrictive quota, or specific mesh or specific fish size measures could each
be used to meet the objectives but it is the Councils belief that the specific combination of commercial
measures adopted as the preferred alternative will do the least environmental harm. For example, if only a
quota was imposed, it is highly likely that there would be a rush to harvest, with more small fish and more

21 Novemb*r 1995 DES - 22

of other species bycatch occurring. All the preferred management measures identified for years three and
after are frameworked so that the specific target exploitation rates can be achieved. The commercial
fishery has a minimum fish size, a minimum mesh size and a coastwide quota, all of which are
frameworked, in the preferred alternative. The recreational fishery has a minimum fish size, a possession
limit, a season, and a coastwide recreational harvest limit combination in the preferred alternative.
Annually a Monitoring Committee will evaluate the fishery relative to the target exploitation rates (29% in
year three, 21 % in year six, and 14% in year eight and thereafter) and make recommendations for the
frameworked management measures. The frameworked management measures are the key to successful
exploitation rate reductions and are the items that will protect the long-term productive capability of the
black sea bass.

It is anticipated that improved data collection, including the permitting and reporting requirements of the
FMP, will allow such a study to be conducted in future amendments. It must also be recognized that all
alternatives (including most particularly, the no action alternative) may have negative economic impacts.
However, it is believed that the preferred frameworked alternatives will have the least negative impacts in
the short term and the greatest benefits (in the form of the rebuilt resource) in the long term in a
reasonable time frame 0 0 years).

G.1.3.1. List of Non-Preferred Alternatives.

1. Take no action at thistime. This would mean that black sea bass would not be managed pursuant to
the MFCMA.

2. Seasonal closures for the commercial fishery.

3. Bimonthly commercial quotas with possible trip limits established by the NMFS Regional Director to
reduce the length of closures.

4. State by state commercial quotas with possible trip limits established by the states to reduce the length
of closure.

5. Individual transferrable quotas.

6. Seasonal dependent minimum sizes in the commercial fishery: A 10" TL minimum size from Oct. 1 -
April 30 and a 9" TL minimum size for the rest of the year.

7. A threshold requirement to qualify for a moratorium permit.

8. Separate management measures for party/charter boat fishermen.

9. A 9" TL minimum fish size and a 3.5" minimum square mesh size in the otter trawl fishery when the
vessel has 100 pounds or more of black sea bass on board.

The preferred alternative is described and evaluated in section 9 of the FMP. The alternatives considered
but not adopted are described and evaluated in Appendix 1.

G.2. WILL THE ALTERNATIVES BE REASONABLY EXPECTED TO ALLOW SUBSTANTIAL DAMAGE TO
THE OCEAN AND COASTAL HABITATS?

The proposed action includes numerous references to the importance of suitable habitats for healthy stocks
of black sea bass. While there is no information proving that harvest does affect habitats, there is ample
evidence that other human activities affect black sea bass and their essential habitats. On that basis, this
EIS and the FMP anticipates a closer working relationship with State and Federal agencies empowered to
make decisions that could affect the habitat of black sea bass. That Council and NMFS responsibility is
especially important in nearshore waters. Black sea bass are dependent on estuaries and coastal bays,
which are often the same waters affected by dredging, discharges, run-off, water diversions, and other

21 November 1995 DEIS - 23

-permitted and unpermitted actions by the 60 million people living in the Atlantic coastal region.

There is considerable awareness of the potential impact of otter trawling on the ocean bottom habitat.
However, quantification of specific gear types on various bottom types is poorly understood. The South
Atlantic Council 0 988) in its Amendment 1 for the snapper/grouper fishery prohibited the use of trawl gear
to harvest snapper/grouper in the directed fishery south of Cape Hatteras and north of Cape Canaveral.
That Council based the trawl prohibition on habitat destruction and the desire to prevent overfishing of
vermillion snapper. Their main concern was the destruction of sponge-coral habitat and did not address
the effect of trawling on other types of ocean environment.

There are no known coral-sponge habitats north of Cape Hatteras which is where these fisheries are
prosecuted. The issue of ocean bottom habitat degradation caused by trawling is largely an unknown at
this time. The very few published papers that do exist deal with specific habitats. It is important to note
that when habitat damage is described it is often from as little as one tow of trawl gear through the study
area (Van Dolah et a/. 1987 and SAFMC 1988). Under commercial fishing conditions, the bottom would
be fished over and over until the catches from such an area become unprofitable. Under such conditions,
habitat damage could be expected to be much greater than would occur with towing through the area
once. Obviously, more research efforts are likely to be directed towards this issue in the future.

National marine sanctuaries are allowed to be established under the National Marine Sanctuaries Act of
1973. Currently there are 11 designated marine sanctuaries (Figure 12) that creates a system that
protects over 14,000 square miles (National Marine Sanctuary Program 1993).

There are two designated national marine sanctuaries in the area covered by the FMP: the Monitor
National Marine Sanctuary off North Carolina, and the Stellwagen Bank National Marine Sanctuary off
Massachusetts. There are currently five additional proposed sanctuaries, but only one, the Norfolk Canyon
is on the east coast.

The Monitor National Marine Sanctuary was designated on 30 January 1975, under Title III of the Marine
Protection, Research and Sanctuaries Act of 1972 (MPRSA). Implementing regulations (15 CFR 924)
prohibit deploying any equipment in the Sanctuary, fishing activities which involve "anchoring in any
manner, stopping,.remaining, or drifting without power at any time" (924.3 (a)), and *trawling" (924.3
(h)). The Sanctuary is clearly designated on all National Ocean Service (NOS) charts by the caption
"protected area." This minimizes the potential for damage to the Sanctuary by fishing operations.
Correspondence for this sanctuary should be addressed to: Monitor NMS, NOAA, Building 15 19, Fort
Eustis, VA 23604.

NOAAMOS issued a proposed rule on 8 February 1991 (56 FR 5282) proposing designation under MPRSA
of the Stellwagen Bank National Marine Sanctuary, in Federal waters between Cape Cod and Cape Ann,
Massachusetts. On 4 November 1992, the Sanctuary was Congressionally designated. Implementing
regulations 0 5 CFR 940) became effective March 1994. Commercial fishing is not specifically regulated
by Stellwagen Bank regulations. The regulations do however call for consultation between Federal
agencies and the Secretary of Commerce on proposed agency actions in the vicinity of the Sanctuary that
"may affect" sanctuary resources. The process for consultation is currently (late 1995) being worked out
between the Regional office of NMFS, the Sanctuary, and NEFMC for Amendment 7 to groundfish.
Correspondence for this sanctuary should be addressed to: Stellwagen Bank NMS, 14 Union Street,
Plymouth, MA. 02360.

In June of 1995 the Council adopted the following five policy statements in regard to artificial reefs:

1). - Each new EEZ artificial reef site proposal must have a stated conservation and management objective.

21 November 1995 DEIS - 24

2). The MAFMC endorses the National Artificial Reef Plan (1985) and encourages staff to work with
ASMFC, NMFS, and the States in the updating of plan.

4). No fishery management regulations may be implemented for any artificial reef in the EEZ without
concurrence by the MAFMC.

5). The Council will attempt to facilitate communication on the siting of any now artificial reef in the EEZ
with various user groups of the proposed site.

These five policy statements should help facilitate Federal, State, and local activities in the Mid-Atlantic
and can only be beneficial to the ocean and coastal habitats.

In summary, habitat alteration by the fishing activities themselves is perhaps the least understood of the
important environmental effects of fishing (National Research Council 1994). Alterations to resource
habitats due to fishing may result from the loss of habitats of non-target species, such as species
encrusting cobbles, or of other epibenthic habitats, which may be important nursery areas for juvenile fish;
from the alteration of nutrient levels and bottom sediment, including destruction of habitat by bottom
trawling, dredging, and other fishing and processing operations; and from the generation of suspended
debris that can have lethal effects long after fishing activities have ceased.

G.2.2. No Action.

..The no action alternative Will allow larger roller gear to be introduced into the fishery and thus will have
more damage to the ocean and coastal habitat because the gear can fish bigger rock piles and will do
more environmental damage. The no action alternative will not require black sea bass pots and traps to
,have degradable materials. The no action alternative does not provide for special management zones
around artificial reefs.

Roller diameter is correlated with vessel size and the ability of vessels to fish rough, hard bottom areas.
Larger roller sizes require larger engine sizes to pull the net. An engine size with an associated horsepower
of 800-900 hp is'required to tow a net with 18" to 24w rollers whereas 10' to 120 rollers can be pulled by
a boat using a 175-200 hp engine (D. Simpson pers. comm.).

Information is lacking as to the relationship between roller diameter and the size of obstruction that it can
clear. In general, 10-1 2w diameter rollers can be used for fishing over rough bottom that can include
ledges and cliffs. Limitations on roller size will make some areas of the ocean inaccessible to trawls by
preventing fishermen from trawling in the harder, rough bottom areas. Thus, black sea bass associated
with these areas would be protected from harvest allowing more fish to grow to maturity and spawn
increasing stock biomass and yields.

Black sea bass pots would be required to have hinges and fasteners of one panel or door made of
degradable materials. These materials would allow the door or panel of a trap to fall away from an
unattended trap.. This would prevent lost traps from ughost fishing", i.e., continuing to catch and retain.
1ish that could not be removed from the trap. Thus black sea bass and other species of fish and
invertebrates typically caught by these traps could escape, preventing waste and lost yields in a number of
fitheries.

G.2.3. Other Alternatives.

None of the other alternatives are expected to allow substantial damage to the ocean and coastal habitats.
The preferred alternative is the most desirable because of the frameworked measures designed to achieve
the target exploitation rates. Most of the preferred and non-preferred management measures (i.e.
permitting, reporting, fish size, possession limit, season and harvest limits) simply do not affect ocean and

21 No"inber 19M DW - 25

coastal habitats. The possibility of SMZs around artificial reefs is only part of the preferred alternative.

G.3. WILL THE ALTERNATIVES BE REASONABLY EXPECTED TO HAVE A SUBSTANTIAL ADVERSE
IMPACT ON PUBLIC HEALTH AND SAFETY?

None of the alternatives are expected to have an adverse impact on public health or safety. Obviously,
scup are afflicted with various parasites and disease. Fin rot disease may be the most common among fish
and is most often associated with stressful environmental conditions. Fish from polluted waters are
subject to increased prevalence of disease. Black sea bass are exposed to the full range of human
activities during their lifetime. They are exposed to extensive, detrimental amounts of toxic organic and
inorganic contaminants, such as heavy metals, PCBs, and petroleum hydrocarbons in the various physical
compartments of the marine ecosystem (FMP section 6.2). Most research on the toxicological effects of
various contaminants in fish in general, and scup, in particular is recent and ongoing. While more research
is certainly necessary on toxicological effects associated with these species (EIS section F.4.2.) none of
the alternatives are expected to have a differential adverse impact on public health or safety. In fact,
heightened awareness and improved data collection will occur with the implementation of this FMP. The
alternatives will not create situations that would have an adverse impact on public health and safety.

G.4. WILL THE ALTERNATIVES BE REASONABLY EXPECTED TO ADVERSELY AFFECT AN ENDANGERED
OR THREATENED SPECIES OR MARINE MAMMAL POPULATION?

G.4.1. Proposed Action.

The proposed action, because of the control placed on continued unrestricted growth of fishing activity will
tend to reduce contacts with endangered and threatened sea turtle species, shortnose sturgeon, and
marine mammals., Activities conducted under this Fishery Management Plan have not yet been considered
for their impacts on endangered species in order to do a Section 7 of the Endangered Species Act, as
amended, consultation. The NMFS will be performing a Section 7 consultation while the FMP is out for
public review during the next few months. They were requested to perform a consultation last spring, but
felt they could not until the fisheries were adequately described. We will request that Fish and Wildlife
Service also perform a Section 7 consultation on any seabirds that may be impacted by this FMP. The Fish
and Wildlife Service has responded. that the FMP will novaffect any listed seabirds.

-Numerous species of marine mammals and sea turtles occurin the northwest Atlantic Ocean. The most
recent comprehensive survey in this region was done from 1979-1982 by the Cetacean and Turtle
Assessment Program (CETAP), at the University of Rhode Island (University of Rhode Island 1982), under
contract to the Minerals Management Service (MMS), Department of the Interior. The following is a
summary of the information gathered in that study, which covered the area from Cape Sable, Nova Scotia,
to Cape Hatteras, North Carolina, from the coastline to 5 nautical miles seaward of the 1000 fathom
isobath.

Four hundred and seventy one large whale sightings, 1547 small whale sightings and 1172 sea turtles
were encountered in the surveys (Table 59). The "estimated minimum population number" for each
mammal and turtle in the area, as well as those species currently included under the Endangered Species
Act, were also tabulated.

CETAP concluded that both large and small cetaceans were widely distributed throughout the study area in
all four seasons,-and grouped the 13 most commonly seen species into three categories, based on
geographical distribution. The first group contained only the harbor porpoise, which is distributed only over
the shelf and throughout the Gulf of Maine, Cape Cod, and Georges Bank, but probably not southwest of
Nantucket. The second group contained the most frequently encountered baleen whales (fin, humpback,
minke, and right whales) and the white-sided dolphin. These were found in the same areas as the harbor
porpoise, and also occasionally over the shelf at least to Cape Hatteras or out to the shelf edge. The third
group indicated a "strong tendency for association with the shelf edge" and included the grampus, striped,
spotted, saddleback, and bottlenose dolphins, and the sperm and pilot whales.

21 Novembw 1995 DBG - 26

Loggerhead turtles -were found throughout the study area, but appeared to migrate north to about
Massachusetts in summer and south in winter. Leatherbacks appeared to have had a more northerly
distribution. CETAP hypothesized a northward migration of both species in the Gulf Stream with a
southward return in continental shelf waters nearer to shore. Both species usually were found over the
shoreward half of the slope and in depths less than 200 feet. The northwest Atlantic may be important for
sea turtle feeding or migrations, but the nesting areas for these species generally are in the South Atlantic
and Gulf of Mexico.

This problem may become acute when climatic conditions result in concentration of turtles and fish in the
same area at the same time. These conditions apparently are met when temperatures are cool in October
but then remain moderate into mid-December and result in a concentration of turtles between Oregon Inlet
and Cape Hatteras, North Carolina. In most years sea turtles leave Chesapeake Bay and filter through the
:
rea a few weeks before the scup fishery becomes concentrated. Efforts are currently under way (by VIMS
nd the US Fish and Wildlife Service refuges at Back Bay, Virginia, and Pea Island, North Carolina) to more
closely monitor these mortalities due to trawls. Fishermen are encouraged to carefully release turtles
captured incidentally and to attempt resuscitation of unconscious turtles as recommended in the 1981
Federal Register (pages 43976 and 43977).

The only other endangered species occurring in the northwest Atlantic is the shortnose sturgeon
(Acipenser brevirostrum). The Councils urge fishermen to report any incidental catches of this species to
the Regional Director, NMFS, One Blackburn Drive, Gloucester, MA 01930, who will forward the
information to persons responsible for the active sturgeon data base.

The range of black sea bass and the above mentioned marine mammals and endanoered species overlap
__@and there always exists a potential for an incidental kill. Except in unique situations, such accidental
catches should have a negligible impact on marine mammal or abundances of endangered species, and the
Councils do not believe that implementation of this FMP will have any adverse impact upon these
populations.

G.4.1.1. Sea Turtles.

'i fisheries/sea turtle interaction into perspective of other sources of
Attempts were made to put these
mortality for these endangered turtle species. The Congressionally mandated report Decline of the See
Turtles:- Causes and Prevention (NRC 1990) states that "Of all the known factors, by far the most
important source of deaths was the incidental capture of turtles (especially loggerheads and Kemp's
ridleys) in shrimp trawling. This factor acts on the life stages with the greatest reproductive value for the
-recovery of sea turtle populations.'

Mortality associated with other fisheries and with lost or discarded fishing gear is much more difficult to
estimate than that associated with shrimp trawling, and there is a need to improve these estimates (NRC
1990). This report identified possible turtle losses from the winter trawl fishery north of Cape Hatteras
(about 50-200 turtles per year): the historical Atlantic sturgeon fishery, now closed, off the Carolinas
(about 200 to 800 turtles per year); and the Chesapeake Bay passive-gear fisheries (about 25 turtles per
year). Considering the large numbers of fisheries from Maine to Texas that have not been evaluated and
the problems of estimating the numbers of turtles entangled in the 135,000 metric tons of plastic nets,
lines, and buoys lost or discarded annually, it seems likely that more than 500 loggerheads and 50 Kemp's
ridleys are killed annually by nonshrimp fisheries (NRC 1990). These other fishery operations, lost fishing
gear, and marine debris are known to kill sea turtles, but the reported deaths are only about 10% of those
caused by shrimp trawling. Dredging, entrainment in power-plants intake pipes, collisions with boats, and
the effects of petroleum-platform removal all are potentially and locally serious causes of sea turtle deaths.
However these collectively amount to less than 5% of the mortality caused by shrimp trawling (NRC
1990).

The NRC report (1990) concludes that all species of marine turtles need increased protection under the
Endangered Species Act and other relevant legislation. While the report does not recommend specific
conservation measures for these fisheries, the recommendations for the shrimp trawling are germane. The

21 Nowmber 1995 DES - 27

i NRC report (1990) recommended TEDs, 60 minute winter tow-time limits, and limited time/area closure for
turtle "hot spots'. Currently, there are 5 sea turtle recovery plans in place, these include plans for the
loggerhead (1991), the green sea turtle (1991), the leatherback (1992), the Kemp's ridley sea turtle
0 992), and the hawksbill sea turtle 0 993). Of the six 'Actions Needed" that are identified by the
Recovery Plan to achieve recovery of loggerheads is item 5: "minimize mortality from commercial
fisheries.0

G.4.1.2. Shortn036 Sturgeon.

Shortnose sturgeon (Acipenser brevirostrum) is an additional endangered species that may be caught
incidentally in the trawl fisheries. Sturgeon will be included in the Incidental Take Statement of the pending
Biological Opinion. As shortnose sturgeon are generally associated with the estuarine environment, rather
than the truly marine environment, it is anticipated that the gear and fishing locations of these scup
fisheries will rarely encounter shortnose sturgeon.

G.4.1.3. Marine Mammals.

Marine mammals are managed under the Marine Mammal Protection Act of 1972 and the Endangered
Species Act of 1973. Marine mammals have been historically important in the US both as targets for
commercial harvests and in ecological -interactions with commercial fisheries. Some scientific attention
was given to marine mammals as early as 1851 when Matthew F. Maury of the US Navy's Depot of
Charts and Instruments published his whale charts based upon whaler's logs and records of sightings. The
US Fish Commission, after its creation in 1871, gave more attention to marine mammals, commissioning,
for example, Starbuck's 1878 "History of the American Whale Fisherya. The omnibus series entitled "The
Fisheries and Fishery Industries of the United States' by G. B. Goode and Associates in 1884 described
fisheries for the great whales as well as smaller whales (e.g. pilot whales, bottlenose dolphins and
bottlenose whales) in the North Atlantic (USDC 1993).

In addition to these direct fisheries, there was also interest in the indirect effects of marine mammals on
other fisheries. Goode also described the destructiveness of marine mammals to fisheries, a theme the US
Commissioner of Fisheries used in 1889 in supporting a fish meal factory to be built in Woods Hole. The
the
commissioner speculated that the 20 tons of predators such as porpoises, skates, and dogfish that - a
proposed factory would process annually 'should present a marked influence upon the supply of edible
-fishes'. The interest of the US Fish Commission was primarily in terms of fisheries, and little biological
study appears to have been done of marine mammals in this region beyond the taxonomic studies of
Frederick True starting in the 1880's. For example, he provided written instructions to the lighthouse
keepers on "the best means of collecting and preserving specimens of whales and porpoises" (USDC
1993).

With the declining importance of the US harvests of east coast species of marine mammals in the late
1800's and early 1900's, the incentive for systematic scientific study of the species inhabiting
northeastern US waters declined. In the 1930's and 1940's, Remington Kellogg at the Smithsonian and
William Schevill at Harvard undertook taxonomic studies, but it was not until the late 1940's that cetacean
biology began to be investigated more systematically. Then Schevill began a series of investigations at the
Woods Hole Oceanographic Institution of cetacean acoustics that are still continuing. In the early 1970's,
several other researchers began studying marine mammals in this region. The results of this earlier work
was addressed in 1979 when the US Marine Mammal Commission sponsored a workshop to help define
research needed for the study of marine mammals on the US east and Gulf coasts and in 1989 at a NMFS-
sponsored workshop on Gulf of Mexico marine mammal research needs (USDC 1993).

These workshops set a research agenda that was immediately addressed by agencies such as the Minerals
Management Service and the NMFS. During the 1980's, several institutions in the northeast developed
ac@tive research programs which have resulted in a body of knowledge that is being drawn upon in
developing management approaches for several critical marine mammal issues in the region. In the
1990's, increased attention has been focused on the characterization of marine mammal fauna of the US
Gulf of Mexico and the Mid-Atlantic Bight (USDC 1993).

21 Navember 1996 DEIG - 26

Thirty-five species of marine mammals range the US Atlantic and Gulf of Mexico waters (32 whales,
dolphins and porpoises, two seal species and one manatee). Their status is poorly known, but some, like
the right whale, Mid-Atlantic coastal bottlenose dolphin, and harbor porpoise, are under stresses that may
affect their survival (USDC 1993). Brief summaries below for selected species give data on distribution,
current and historical abundance and population trends.

Bottlenose Dolphin...

The number of discrete stocks of bottlenose dolphins is unknown, although there appear to be offshore
and coastal types, possibly forming two distinct populations. There ere no comprehensive population
estimates, but abundance in the Gulf of Mexico is 35,000 - 40,000 in waters of 100 fathoms or less.
Nearshore aerial surveys between Cape Hatteras and Nova Scotia in 1979 -82 suggest a northeast US total
of 10,000 - 13,000 individuals. However, a large die-off of bottlenose dolphins in 1987 - 88 may have
resulted in a 50% or greater decline in the nearshore and offshore types. An offshore survey from New
Jersey to Cape Hatteras in 1987 found about 1,050 - 7,500 which were assumed to be of the coastal
type (USDC 1993).

Plot Whale.

Two species of pilot whales occur in the North Atlantic, the shortfin pilot whale in the south and the
longfin in the north. The range of the two species overlaps seasonally in the Mid-Atlantic region of the
western North Atlantic. The longfin pilot whale occurs northward into Canadian and the Greenland waters
and eastward to Europe: it is subject to an ongoing harvest around the Faroe Islands and incidental capture
in several fisheries in the US and Canadian waters. The shortfin pilot whale may be subject to a low level
of bycatch in several US fisheries. Population structure and general life history of both species is very
poorly known. Abundance has been'estimated for the longfin pilot whale in the eastern North Atlantic
(750,000) and for the continental shelf region of the western North Atlantic Iroughly 11,000; USDC
1993).

Fin Whale.

Fin whales, listed as endangered under the ESA, are probably the most numerous large cetaceans in
temperate waters of the western North Atlantic Ocean. They range widely throughout the continental
shelf in all seasons, but most sightings occur from the Great South Channel on Cape Cod, north throughout
the southwest Gulf of Maine. Stock structure and total abundance are unknown. An estimate of
abundance off the northeast coast in 1979 - 82 was 5,200 in spring and 1,500 in winter. Important
research and management questions are whether separate stocks exist, the location of calving grounds and
annual calf production, and the location of the wintering grounds for the northwest Atlantic population.

Humpback Whale.

The humpback whale is listed as endangered. Reasonably discrete summer stocks occur in the Gulf of
Maine, Gulf of St. Lawrence, and the waters of Newfoundland-Labrador, west Greenland, Iceland, and
Norway. The estimated population is about 5,100 whales. Along the northeast coast, humpbacks
frequent the Great South Channel, Georges Bank, Stellwagon Bank, and Jeffreys Ledge during summer. A
minimum estimate of the population prior to commercial whaling (about 1865) was 4,400 - 4,700
humpbacks. Entanglement with fishing gear and sporadic toxin-induced die-offs are problems for the
species. In recent years the number of sightings of young humpbacks in the Mid-Atlantic region has
increased, generally in the areas of the Chesapeake and Delaware Bays (USDC 1993). There is a recovery
plan for this species.

Right Whale.

Northern right whales occur on the continental shelf from Florida to Nova Scotia. The endangered western
Northern Atlantic stock is the only northern hemisphere right whale population with a significant number of
individuals (300 - 350) - the other stocks being virtually extinct. The pre-eighteenth century population

21 Noveff"r IM DW - 29

may have been as high as 10,000, and, if so, the current population is more than 95 % depleted.
Individual identification, satellite tagging, genetic analysis, and the use of video cameras to document
behavior are new research methods that have been applied in recent years. Many questions, however,
remain. Among them are the location of the summering grounds for 30% of the population and wintering
grounds for 80% of the population. Human impacts (not entanglements and ship strikes) are affecting
some 60% of the population and may be inhibiting recovery. Two areas important to the northern right
whale, the summer feeding grounds off the New England coast and the winter calving area along the
Georgia and norther n* Florida coast, have been proposed as critical habitat (USDC 1993). There is a
recovery plan for this species. A final rule was published in June 1994, designating tight whale critical
habitat for summer feeding grounds in Now England and winter calving grounds off the Georgia and Florida
coasts.

Harbor Porpoise.

The northwestern Atlantic harbor porpoise is found from Newfoundland, Canada, to Florida. It is
hypothesized that there are three populations: Newfoundland, Gulf of St. Lawrence, and Gulf of Maine-
Bay of Fundy. However, there is not enough evidence to test this hypothesis against the alternative of a
single population. Summer aggregations occur in the Gulf of Maine, Gulf of St. Lawrence, and the east
coast of Newfoundland. The winter distribution is poorly understood. The 1991 - 92 population estimate
of the Gulf of Maine population is 47,200 (95% Cl 32,800 - 68,000). No useful estimates of abundance
for the other populations exist. The average estimate of annual mortality by the US Gulf of Maine sink
gillnet fishery from 1990 and 1992 is about 1,700 (range 900 - 2,400). These estimates do not include
bycatch from fisheries south of Cape Cod or north of the US border. The estimated bycatch of the other
two populations is largely unknown, though some new data do exist for the Bay of Fundy, which are
currently being analyzed (USDC 1993).

Harbor Seal.

Harbor seals, year-round residents of Maine and eastern Canada, are seasonal-winter residents in southern
New England. Harbor seal numbers have apparently increased in recent years, due primarily to protection
under the MMPA. Recent surveys suggest that 26,000 harbor seals occur in the Gulf of Maine, and they
are increasing. Bycatch levels are relatively low, and major concerns are competition with fisheries and
periodic disease outbreaks (USDC 1993).

Beaked Whales.

There are four species of beaked whales in the northwest Atlantic, however little is known on their
distribution, biology, and population structure. Based on cetacean surveys conducted during the early
1980's and 1990's, these species are distributed along the shelf edge (2,000 m), principally along the
southern edge of Georges Bank and associated with oceanographic fronts and Gulf Stream meanders.
Population estimates for this species are not available. Determination of minimum abundance estimates
will require substantial survey effort in shelf-edge waters and waters seaward to at least the Gulf Stream
off the northeast US and eastern Canada coasts (USDC 1993).

The gears managed under this FMP are all in the third category or not listed at all for the final List of
Fisheries for 1994 for the taking of marine mammals by commercial fishing operations under section 114
of the Marine Mammal Protection Act (MMPA) of 1972 (Federel Register 43818-43826). Section 114 of
the MMPA establishes an interim exemption for the taking of marine mammals incidental to commercial
fishing operations and requires NMFS to publish and annually update the List of Fisheries, along with the
marine mammals and the number of vessels or persons involved in each fishery, arranging them according
to categories, as follows:

1. A fishery that has a frequent incidental taking of marine mammals;

2. A fishery that has an occasional incidental taking of marine mammals; or

21 November 1995 DEIS - 30

3. A fishery that has a remote likelihood, or no known incidental taking, of marine mammals.

In Category I there is documented information indicating a "frequent" incidental taking of marine mammals
in the fishery. "Frequenta means that it is highly likely that more than one marine mammal will be
incidentally taken by a randomly selected vessel in the fishery during a 20-day period. No scup fisheries
are in this category.

In Category 11 there is documented information indicating an *occasional' incidental taking of marine
mammals in the fishery, or in the absence of information indicating the frequency of incidental taking of
marine mammals, other factors such as fishing techniques, gear used, methods used to deter marine
mammals, target species, seasons and areas fished, and species and distribution of marine mammals in the
area suggest there is a likelihood of at least an "occasionalo incidental taking in the fishery. "Occasional"
means that there is some likelihood that one marine mammal will be incidentally taken by a randomly
selected vessel in the fishery during a 20-day period, but that there is little likelihood that more than one
marine mammal will be incidentally taken. No scup fisheries are in this category.

In Category III there is information indicating no more than a wremote likelihood" of an incidental taking of a
marine mammal in the fishery or in the absence of information indicating the frequency of incidental taking
of marine mammals, other factors such as fishing techniques, gear used, methods used to deter marine
mammals, target species, seasons and areas fished, and species and distribution of marine mammals in the
area suggest there is no more than a remote likelihood of an incidental take in the fishery. aRemote
likelihooda means that it is highly unlikely that any marine mammal will be incidentally taken by a randomly
selected vessel in the fishery during a 20-day period. The mixed species trawl fishery (where most scup
are caught) is considered a Category III fishery. This fishery has greater than 1000 vessels. This fishery
had no documented marine mammal species involved, according to the Federal Register notice. With the
'.1iMitations on new vessel entry into the scup fisheries in the preferred alternative, there should be a
beneficial impact of the preferred alternative management on the marine mammal populations of the east
coast.

This final list will remain in effect until the interim exemption established under section 114 of the M M PA
becomes obsolete. The M M PA was amended on 30 April 1994 and section 118 was created to govern
the taking of marine mammals incidental to commercial fishing operations. The provisions of section 118
will replace the 'current interim exemption system (section 114), when regulations are put into effect, no
later than 1 September 1995. Included in the implementation will be a revised List of Fisheries, a revised
set of classification criteria, and now implementing regulations, based on the provisions of section 118, to
replace those provisions currently in effect.

G.4.1.4. Seabirds.

Pelagic seabirds may also come into contact with black sea bass fisheries. Total densities of seabirds over
the continental shelf and slope in the mid-Atlantic region are relatively low compared to the shelf and shelf
break area off New England (Milliman and Wright 1987). Most of the following information is taken from
the Mid-Atlantic Research Plan 0 994) and Peterson 0 963). Fulmars occur as far south as Virginia in late
winter and early spring. Shearwaters, storm petrels (both Leach's and Wilson's), jaegers, skuas and some
terns pass through this region in their annual migrations. Gannets and phalaropes, occur in the Mid-Atlantic
during winter months. Eight gulls breed in eastern North America and occur in shelf waters off the
northeastern US. These gulls include: glaucous, Iceland, great black-backed, herring, laughing, ring-billed,
Bonaparte's and Sabine's gulls and black-legged caduceus. Royal and sandwich terns are coastal
inhabitants from Chesapeake Bay south to the Gulf of Mexico. The Roseate tern is listed as endangered
under the ESA, while the Least tern is considered threatened JSafina pers. comm.). Of course, our national
symbol, the bald eagle is listed as endangered under the ESA, and is a bird of aquatic ecosystems.
Literally translated, its Latin name, Heliaeetus leucocephalus, means white-headed sea eagle (Federal
Register 1994, 35584). Prey of estuarine inhabiting bald eagles may include black sea bass (D'Amico
pers. comm.)

21 November 1995 DOS - 31

Black sea bass are not important prey for the Common and Roseate terns (Safina 1987, Safina et al. 1988,
and Safina et a/. 1990). Safina et a/. 0 988) note that few other seabird studies have measured ambient
food levels among foraging birds, but many studies which have examined food provisioning to chicks and
reproductive performance in seabirds have found results similar to theirs. Laying dates, clutch sizes,
growth, and fledgling success of seabirds have been linked to food availability by a number of workers.
Safina et a/. 0 988) recorded that prey fish were more abundant in 1984 than it was in 1985 and noted
that reproductive productivity of terns was greater in 1984 for most parameters measured. Although they
studied productivity for only two seasons, the results suggest that prey population fluctuations may limit
reproductive success in the tems they studied.

Safina et at 0 990) noted that observing prey deliveries at nests cannot address the question of how
foraging birds select prey or foraging habitat from the range of possibilities. However, the variability they
found show that either prey availability or birds' selection criteria changes, and that prey availability or
selection varies differently between the two tern species, Common and Roseate, they studied. Some prey
species may have their own consistent internal rhythms (or influencing factors) which make them
differentially susceptible to tern predation on a daily time scale. -

A definitive analyses of the importance of black sea bass for the diets of pelagic seabirds and marine
mammals has not yet been conducted. Alaska Sea Grant (1994) sponsored a workshop in 1993 entitled Is
ft Food which addressed the importance of Alaskan fish prey for marine mammal and seabird declines. A
similar workshop for Northwest Atlantic interactions would be quite germane.

G.4.2. No Action.

No action may jeopardize the continued existence of the threatened or endangered species mentioned
above because there will be uncontrolled, unlimited fishing pressures on the species managed by the FMP.
As noted earlier, black sea bass may be important in the diets of some seabirds, marine mammals, and
various fishes. Since the resource is currently overfished and the biomass is greatly reduced, the
availability of black sea bass for food for these other populations is also greatly reduced. Preventing
overfishing of black sea bass thus will be beneficial to some seabirds and certain species of marine
mammals.

G.4.3. Other Alternatives.

It is likely that none of the non-prefe rred -alternatives will pose a direct substantial damage to threatened or
endangered species. Adoption of some of the non-preferred alternatives other than the proposed action
could possibly inhibit the continued existence of any of the threatened or endangered species mentioned
above because there will be uncontrolled, unlimited fishing pressures on black sea bass. Only the preferred
alternative has all the various commercial and recreational measures frameworked to allow the
achievement of the target exploitation rates. More fishermen (i.e. without the moratorium) rushing for
limited resources may definitely have negative impacts on threatened and endangered marine life. The
black sea bass resource needs significant conservation which in turn will be beneficial to seabirds, marine
turtles, and marine mammals in general.

6.5. WILL THE ALTERNATIVES BE REASONABLY EXPECTED TO RESULT IN CUMULATIVE ADVERSE
EFFECTS THAT COULD HAVE A SUBSTANTIAL EFFECT ON THE TARGET RESOURCE SPECIES OR ANY
RELATED STOCKS THAT MAY BE AFFECTED BY THE ACTION?

G.5.1. Proposed Action

The proposed action will be expected to result in cumulative beneficial effects on the target resource and
other associated non targeted species that are greatly overfished. Given the Congressional mandate
(National Standard 1 of the MFCMA) to prevent overfishing, the conservation and management of this
resource must occur. The increasing level of fishing mortality that has been occurring during the past
decade, and which could greatly increase with the addition of numerous Now England groundfish boats
could drive this resource to a level where the spawning stock biomass is reduced so low, that a stock

21 November 1995 DBS - 32

collapse could occur. The maximum sustainable yield would then not be achievable. Unquestionably, the
human impacts may be significant in the short term, if the resource is not used for short term economic
gain. However, with the population rebuilt, and harvesting occurring around MSY, the maximum long term
economic gains to the Nation, will be achieved.

As stated above, some switching of target species may occur and the prediction of the fishermen's
behavior is very difficult. However, species of fish which are truly caught as a bycatch with black sea
bass may also sustain a decrease in fishing effort as effort is stabilized at the effort level associated with
MSY. Very few trawl-targeted species in the Northwest Atlantic are underfished, but it is the underfished
species like Atlantic mackerel, skates, and dogfish which may be targeted by fishermen as efforts increase
to reduce overfishing on many presently targeted species.

The proposed action has been selected to reduce short and long term impacts on the resource. The
management measures will reduce excessive mortality and improve stock health. Related activities
directed to State and Federal regulatory agencies may offer both direct and indirect benefits to essential
habitats for black sea bass.

G.5.2. No Action.

No action would allow the overfishing of black sea bass to continue. The overfished condition of the
resource requires management. Reductions in fishing mortality will benefit the resource and the entire
ecosystem (especially species that prey on black sea bass, section G.4) that black sea bass are a part of,
as well as the human environment that would be more profitable under effective fishery management.

G. 5.3. Other Alternatives.

The critical aspect of the preferred management measure is the frameworked nature of the commercial and
recreational measures that allow the achievement of the target exploitation rates. The cumulative adverse
effects for the black sea bass resource and other related species that may be affected by the proposed
management will be minimized with the preferred alternative. Obviously, the black sea bass resource is
rebuilt the fastest, and thus the beneficial aspects of abundant black sea bass (i.e. prey) for other species
is greatest with the frameworked preferred measures. Most of the non-preferred alternatives will not allow
direct substantial damage to occur to the environment on a cumulative basis.

G.S. ADDITIONAL ENVIRONMENTAL CONSEQUENCES OF MANAGEMENT ALTERNATIVES.

There are six objectives for this FMP:

1. Reduce fishing mortality in the black sea bass fishery to assure that overfishing does not occur.

2. Reduce fishing mortality on immature black sea bass to increase spawning stock biomass.

3. Improve the Yield from the fishery.

4. Promote compatible management regulations between State and Federal jurisdictions.

5. Promote uniform and effective enforcement of regulations.

6. Minimize regulations to achieve the management objectives stated above.

All six of these objectives will contribute to positive environmental benefits, in that they will contribute
towards a rebuilding of the black sea bass resource which will also contribute towards a well-balanced,
healthy ecosystem. Overfishing for black sea bass is defined as fishing in ex 'cess of F... The fishing
mortality reduction strategy calls for minimum fish sizes and commercial gear regulations in years 1 and 2.
Beginning in year 3, exploitation rates would be reduced until a level of 14% is reached in year 8.

21 November 1995 DEIS - 33

The Council has adopted the following management measures for this FMP for purposes of public hearings.
Beginning in year 1 of the management program nine management measures would be implemented as
described is section E.1.

Permitting (items 1, 2, 4 and 5 above) and reporting (item 6) should have no environmental consequences.
The moratorium on entry of new commercial vessels (item 3) will have only beneficial environmental
consequences. The implementation of management measures 7 (degradable material for traps and pots), 8
(regulating a maximum roller rig size), and 9special management zones around artificial reefs will definitely
have beneficial environmental consequences in that they will reduce ghost fishing of lost gear and provide
refugia for natural resources.

For years 1 and 2 only of the management program the Council adopted a 9" total length (TL) minimum
fish size in the commercial fishery in Federal and State waters. There is also a minimum otter trawl 4.0"
mesh size for vessels retaining 100 lbs of black sea bass. Black sea bass pots would also be required to
have a minimum escape vent size. These three management measures will have significant conservation
and environmental benefits.

Prior to year three and annually thereafter, the Council, working through a Monitoring Committee, would
evaluate the success of the FMP relative to the overfishing reduction goal and propose adjustments to the
management system. Beginning with year three, additional measures would be implemented by the
Regional Director based on the recommendations of the Council as described in section E.1.

Beginning in year 3, the minimum commercial mesh size will be increased which would have major
beneficial environmental consequences. Many more small black sea bass and other fishes will escape with
a minimum mesh than are currently being caught and discarded with the 2 inch-mesh nets currently in use.
Increase'd survival of small black sea bass will not only contribute to objectives 1 through 3 of the FMP
that will be directly benefitting black sea bass but will also be quite advantageous to the overall ecosystem
to which black sea bass are often an important prey item. Fishermen have indicated that they will use
larger mesh to harvest black sea bass. Other species that are part of the mixed trawl catch that are
discarded dead also will benefit as the mesh is increased from the current size.

The creation of special management zones around artificial reefs as part of the preferred alternative should
be quite beneficial to certain ocean environment. Generally, artificial reefs are physically restricted to
certain gear types (i.e. pots, traps, and hook and'line) and preclude the more physically destructive gear
(otter trawls). The additional opportunity to impose specific management measures around artificial reefs
can only contribute in a positive way towards the conservation of the ocean environment.

The commercial quota, as well as the recreational measures all will contribute to the mortality reduction
schedule but should have little positive or negative direct environmental consequences. For example, it is
impossible to quantify the direct environmental benefit in year three of an 10" minimum fish size versus
the 9a size imposed in year one.

Of the nine non-preferred alternatives identified in FMP Appendix section 1, only the no action alternative
and the individual transferable quota would have significantly different environmental consequences to
those measures in the preferred alternative package.

Clearly the no action alternative is indefensible from a biological or environmental point of View. The black
sea bass resource would continue greatly overfished with negative ecosystem consequences. The
environment would also be further harmed through increased ghost fishing from pots and traps. Structured
habitat that is currently difficult to fish would also become more vulnerable to larger roller rigs.

The 1TQ alternative would have significant positive environmental consequences. Paramount among these
benefits is the incentive to conserve and shepherd a natural resource because an individual has a stake in
its future. The importance of this motivation cannot be overemphasized given the depleted condition in
which so many of our living marine resources exist. Incentives under most existing management systems
are simply to harvest as much as possible today, for tomorrow the resource may be gone, or harvested by

21 Noven*w IM D13S - 34

someone else. Issuing harvest rights which last indefinitely engenders a corresponding concern among
users that the health of the fishery resource be maintained indefinitely.

G.7. ECONOMIC EFFECTS OF THE ALTERNATIVES.

G.7.1. Proposed Action.

The economic characteristics of the fishery are presented in section 8 of the FMP. The benefits and costs
of the proposed actions addressed in this FMP and DEIS are evaluated in section 9.2 (Analysis of Beneficial
and Adverse Impacts of Adopted Management Measures), in Appendix 1 (Alternatives to the Amendment),
and in Appendix 3 (Regulatory Impact Review).

G.S. FEDERAL AGENCIES THAT MAY BE AFFECTED.

The Federal Agencies that may be affected by this proposed Amendment include:

Dept. of Army Civil Works: scheduling of dredging projects, discharge of dredged materials,
identification of aquatic borrow sites.

Dept. of Army Regulatory 1404 Program: issuing of permits for water development projects (e.g.
dredging, filling, bulkheading, construction of piers, and installation of piles).

Environmental Protection Agency: Section 401 -- individual state review of 404 discharges, Section
402 -- point source discharges, Section 404 -- discharge of dredge or fill into waters of the U.S.,
Section 208 - nonpoint source pollution control. Marine Protection, Research, and Sanctuaries Act.
Ocean Dumping, RCA, Superfund.

Minerals Management Service: Outer Continental Shelf Land Act, Hydrocarbon Exploration and
Development, Hard Mineral Mining.

Dept. of Commerce: Endangered Species Act, Marine Mammals Protection Act, Coastal Zone
Management Act.

H. LIST OF PREPARERS

The Amendment was prepared by a team of fishery managers and scientists with special expertise in the
scup resource including:

Mid-Atlantic Council Demersal Committee - Mid-Atlantic Council members: Rick Cole (Chair, DE), Dr.
Brian Rothschild (Vice Chair, MD), Dr. James Gifford (MD), Pete Jensen (MD), Jack Travelstead (VA),
Bruce Freeman (NJ), Gordon Colvin (NY), Alan Weiss (PAL Bob Hamilton (NY), Jack Dunnigan (ASMFC),
South Atlantic Council members Dennis Spitsbergen and Gerald Schill, and New England Council member
James McCauley.

Mid-Atlantic Council Black Sea Bass Industry Advisory Committee - Jack Ferrara (NY), Thomas Marconi
(NY), Joe Wagner (NJ), William Egerter (NJ), Ron Vansant (NJ), Albert Adams (DE), Harry Lecates (DE),
-David Martin (MD), Jim Swagler (MD), Charles Amory (VA), Fred Feller (VA), Eric Burnley (VA), Harry
Doernte (VAL and New England representative Robert Smith (RI).

MAFMC staff - David R. Keifer, Dr. Christopher M. Moore, Dr. Thomas B. Hoff, Clayton E. Heaton, Richard
J. Seagraves, and Jos# L. Montatiez.

21 November 1995 DE3S - 35

1. REFERENCES, TABLES, AND FIGURES ARE ALL FROM THE FMP.

J. AGENCIES, ORGANIZATIONS, AND PERSONS TO WHOM COPIES OF THE EIS WERE SENT.

(Appendix A)

21 November 1995 DBS - 36

Lost Name First Name Address I Address 2 city
& Johnson, Inc. Axelsson P.O. Box 180 Cape May
& P.Barbers N.Clark Town Dock, Inc. P.O. Box 608 Narragansett
(01 1)5th C.G. Dis Cmdr., Federal Bldg. Room 401 431 Crawford St. Portsmouth
Abrams Robert 520 Davie St. Westbury
Ackert Jim 577 Washington St Gloucester
Adams Albert RD I Box 406 Milford
Affairs Library Marine Washburn Hall Univ. of RI Kingston
Agnello Richard Economics Dept. Univ. of Delaware Newark
Agric. Counselor Embassy German Fed. Rep. 4645 Reservoir Rd.,NW Washington
Allen Kenneth 448 N. Connecticut Ave. Atlantic City
Allen Richard 35 Bliss Rd. Wakefield
Allen Rick Borden Clam Products Box 994 Ocean Drive Cape May
Alley Dick The Fisherman 121 So. Compo Rd Westport
Alspach Thomas 295 Bay St., Suite One PO Box 1358 Easton
Ambrico Donald 3030 Emmons Ave. Brooklyn
Amory Charles L. D. Amory Seafood Co. 101 South King Street Hampton
Anderson Eric Dept. of Econ mics Old Dominion UnIv. Norfolk
Anderson Lee College of Marine Studies University of Delaware Newark
Anderson TOM 705 Tell Oaks Dr Brick
Andres John PO Box 358 Port Republic
Ardollno Fred 2345 Knapp St Brooklyn
Armani Jerry 393 Stanhope St. Brooklyn
Asbury Pot Press 703 Mill Creek Rd Manahawkin
Asbury Park Press John Geiser, Out. Writer Box 1550 Neptune
Ascoll Capt. Fred 3 Rabbit Run Cape May
Atl.Fish.Mgt.Coun South Southpark Bldg..Sulte 308 1 Southpark Circle Charleston
Auld Don MD Sportfish Advisory Com 11501 Crows Nest Road Clarksville
Auletts Thomas 43 Idolstone Ln Matewan
Axelsson Harry 738 Shunpike Road Cape May
Axelsson Lem 705 Hughes Ave N. Cape May
Aza de Martinez Carmen Int. Trading & Shipping 1382 Thrid Ave #365 Now York
Bacek Tracy PO Box 202 Bernegat Light
Bader D. 1442 East 13th St Brooklyn
Be!" III Claude M Suite 102 Hauser Bldg. 968 Oriole Dr. South Virginia Beach
Baird Charles RD 2 Box 321 Milton
Baker, Town Mngr. Stewart Town Office 4026 Main St. Chincoteague
Balcorn Nancy Sea Grant Marine Adv. Prg 1084 Shennecossett Rd Groton
Bandes Bruce Bandes & Byrnes Main Street Oakdale
Bannick Bruce 7 Galley Street Jamestown
Barnes John Ampro Fisheries Company PO Box 319 Reedville
Barr Capt. E.W. PO Box 866 Urbanna
Basmajisn Don 1228 St. John Ave. Erma
,Bates lRobert G. _lSeafood Industrial Park 134 Jefferson Ave. Newimit.News

Last Name First Name Address Il Address 2 city
Beal ' Kenneth NOAA Fisheries - F/NER5 One Blackburn Drive Gloucester
Beckwith, Jr. Ernest E. _ Dept of Enfi. Protection State Office Bldg, Rm 255 Hartford
Behl en Wade 59 Audreys Lane Marstons MIlls
Beldeman Terri L PO Box 579 Bamegat Light
Beideman Nelson R 10th St. & Bay Ave. Barnegat Light
Bennett Al Bridgeport Post 341 FaIrland Dr. Fairfield
Bennett Scott Box AX Amaganselt
Berens Raymond Philadelphia Press One East Penn Sq., Ste8 13 Philadelphia
Berg Erling 1235 Lafayette Cape May
Bergmann Charlie 969 Shirley Ave. Cape May
Bermudez Linda 1415 East 16th Street Brooklyn
Bezanson Scott 152 Indian Trail Wakefield
Birke R. 216 E. Shore Drive Massapequa
Blakeslee Jerry 117 Morris Ave-.- - - -- Milton
Blount Willis FN Ruthle a 56 Vesper Lane Nantucket
Bochenek, PhD Eleanor Sea Grant Marine Adv Serv 1623 Whitesville Rd Toms River
Bogen Howard 7 Kings Path Brielle
Bogan Raymond 605 Beacon Blvd. Sea Girt
Borden David Div. of Fish & Wildlife Government Center Wakefield
Savykin Yu. Fisheries Attache 1609 Decatur St., NW Washington
fioyce
Leo 108 Moriches Ave Mastic
Boyd David M Commonwealth of VA PO Box 756 Newport News
Boyle Paul Deputy Director Aquarium for Wildlife Con Brooklyn
Bozek Robert Ail Pro Boatmans Assn. 154 Hendrickson Ave. Rockville Centre
Brame Dick ACCA 1994 Eastwood Road Wilmington
Brarnhall David 106 Chicago Blvd. Sea Girt
Brancaleone Joseph 4 Flume Rd Magnolia
Branin Joseph 172 Linden Ave P.O. Box 53 Highlands
Branstetter Steve 1957 Arvis Circle Clearwater
Branstetter. Ph.0 Steve 2816 Eagle Run Circle Clearwater
Braun Erik National Marine Fish Serv 62 Newtown Ln, Room 203 E.Hampton
Breftwelser Charles 677 Snow Drop Ct. Morgensville
Brennan William Dept of Marine Resources State House Station 21 Augusta
Bright William 615 Goshen Rd. Cape May Crthse
Brindley Jim PO Box 52 it West Creek
Brodzisk Dr. John NMFSINEFC 166 Water Street Woods Hole
Brooks Priscilla Cons. Law Foundation 62 Summer St. Boston
Brown Jed MSRC SUINY Stony Brook Stony Brook
Brown, Director Dr. Brad Southeast Fisheries Cntr. 75 Virginia Beach Dr Miami
Brunisholz Robert PO Box 441 Califon
Bryant LICMDR Ross US Coast Guard 5th Dist. 431 Crawford St. Portsmouth
Bryson John 140 McBry Dr. I ::@@Dover
IBuck Eugene ICong. Resrch Service-ENff 11-lbrary of Congres lWashington

M M M M M M ME" M M M,M M

Last Name First Narne Address I Address 2 city
Buckmaster Linda National Fisherman PO Box 908 Rockland
Bullard Buddy 805 West Fifth St. Hampton
Bunting David 307 Dorchester St.. Ocean City
Burger John PO Box 428 Dover
Burgess Robed D. SnoWs Doxsee Inc. M Ocean Drive Cape May
Burkland Richard Montauk Fish Dock PO Box 2048 Montauk
Bumett-Kurle Karen IPSSR,UNH Hood House, 89 Main St Durham
Burnley Eric 2408 Hayloft Lane Virginia Beach
Butowsid Nancy MD DNR Tawes State Ofc. Bldg C2 Annapolis
Calos, PAF Angela Public Affairs Officer 1335 East-West Highway Silver Spring
Canglalosl Carl 28 Lawrence Ave Holbrook
Cantwell Maria 1520 Longworth HOB__ ATTN: Amy Robins Washington
Cape Fisheries Atlantic P.O. BOX 555 Cape May
Capub Gary 1 `18 Harding Drive Bricktown
Carlson Sten Box 445 Wellileet
Carmines; George 8 103 Rens Road Poquoson
Carpenter Ste" Burlington Co. Times Route 130 Willingboro
Carr Sam 50 Broadview Drive Tiverton
Carrington Floyd 20 Ocean Ave. PO Box 3016 East Quogue
Carroll BM Seafood Processing Co, Rl 55 State Street Narmanselt
Carvalho Tony 6 East Lake Side Ave N. Dartmouth
Casey Jack 120 Knowles Way Ext Suite 101 Narragansett
Cassell Jodi World Wildlife Fund 1250 24th Street NW_ Washington
Ceston) Nicholas Cerullo Brothers Fishing Bay Avenue East Moriches
Castro Kathy URI Fisheries Center East Form Kingston
Cerbone Dominick 168 Fordhern St City Island
Champlin Timothy 61 South Ferry Rd Saund
Chandler LeeAnne 300D Robinson Hall University of Delaware Newark
Chiles David 128 East North st Bethlehem
Chincoteague Chamber of Commerce MADDOX Blvd Chincoteague
Clairmont Robert U.S. Small Business Adm. 409 3rd St., Suits 7800 Washington
Clam Co. Eastern Sam Barrington 255 MacArthur Drive New Bedford
Coastal Law Cntr. Ocean & School of Law-Libradan Univ. of Oregon Eugene
Coates Philip Div. of Marine Fisheries 100 Cambridge St. Boston
Coble Howard 403 Cannon Building ATTN: Ed Lee Washington
Coble Capt. Uwy 1231 Cherry Hill Rd Mocksville
Cocoros Raymond 2127 35th St. Long Isf. city
Coffman Danny G RT #1 Box 2 Chapel View Lewes
Cohen Daniel PO BOX 565 Cape May
Cohen Max 21 Locust Lane Cape May Crthse
Colabells Joe 602 Green Ave. Bielle
Cole John Fishermen's Co-op Dock P.O. Box 1314 IPI.Pleasnt Bch
-Cole Richard Dept "at! Res.&Ervv.ConL IPO Box 1401

Lost Name First Name Address I Address 2 city
Cole Willard US Fish & Wildlife PO Box 972 Morehead City
Collins & Sons Jack 37 Hawley Ave West Islip
Colvin Gordon Dept. of Env. Cons. SUNY Bldg. #40 Stony Brook
Connelly John 25 Jacksonville Rd Towaco
Conner Charles MA Div. of Marine Fish. 790 Fisher Rd. N. Dartmouth
Connolly Jerry PO Box 1932 Gloucester
Conover Dr. DeAd Marine Science Res. Cntr. State Univ. of NY Stony Brook
Conti Carmen 216 43rd St. Sea Isle City
Cookingham Russell P.O. Box 1037 Monument Beach
Cooney John T. Admiral Abatement Inc 6.0 Gansevoort St New York
Cooper Robert 9 Osprey Nest Rd. P.O. Box 131 Greenport
Copps Michael 600 Millman Blvd. Del Haven
Cordes Albert 1036 Idaho Ave Cape May
Corey Roger Agri.;Div. _ US Intl Trade Comm. Washington
Corp of Engineers US Army Reg. Branch, Norfolk Dist 803 Front St Norfolk
Corps of Engineer US Army Wanamaker Building 100 Penn Square East Phile 'delphla
Creed Carolyn 220 Burlington Court Flemington
Crossman Ken USDC/NOAA Enforcement I Blackburn Drive, Rm.206 Gloucester
Crowell Peter F. P.O. Box 362 Scituate
Csulsk Frank NMFS, Sandy Hook Lob 74 McGruder Rd. Highlands
DAmloo Mike PO Box 160 Nassau
D'Anns S.A. 9 Nightingale Way Luthervine
DAWA 28 S Market St. PO Box 527 Port Norris
Daily Press Skip Miller 7505 Warwick Blvd. Newport News
Daniels Joey PO Box 369 Wanchese
DwAs Tom 2 Avon Ct Dix Hills
Damon James 3008 Haucks; MIN Rd Monition
DeMaula, Jr. Anthony 22600 Main Rd Cutchogue
DeVito Larry Caleb & Haley 014 Futon Fish Market New York
Deem Jeff Po Box 6274 Springfield
Degener Richard The Press & Sunday Press I South Main Street Cape May Crthse
Delanoy Nell 90 Cedar Point Dr. West Islip
Denney John P. 5 Blackhawk Rd. Billerica
Destosse Joseph VA Inst. of Marine Sclenc PO Box 1346 Gloucester Pt.
Devnew Jack Flagship Group Ltd PO Box 3670 Norfolk
DI Vincenzo Mark Daily Press, Inc. PO Box 746 Newport News
DICosImo Jane North Pacific Fish Coudl PO Box 103136 Anchorage
DiDanleffe Danny P.O. Box 787 Montauk
DILemia, Prof. Anthony Ofbe of Marine Education Kingsborough College Manhattan Sch
Dickel Barry Bahia Marina. Inc. 2107 Herring Way Ocean City
Dickerson Gary 446 Crestview Terrace Brick
Dickson Gary 4 Bergen Ave Hampton Says
-Dodson IDonald K Netlonsl Westminster Bank I N. Main Street Cape May Crthse,

Last Nanw First Nanw Address I Address 2 city S
Doemte Harry 5 Saunders Dr Poquoson
Dominion Lobster Old do Carl Meixner 3166 S. Main Street Chincoteague
Dorman Robert Rt. 3. Box 258 Lewes D
Dorsey Ellie Conservation Law Found. 62 Summer St. Boston
Doss Ken M. 211 Choctew, Rd. Brunswick
Douglas Jim Marine Resource Comm PO Box 756 Newport News
Doxsee. Jr. Robed L Doxsee Sea Clam Co. 50 Bayside Dr. Point Lookout N
Drew Steve Fisheries Observer Prog. Manomet Bird Ob. Box 1770 Manomet
Drewer, Jr. Vernon Saxis
Drury Lt. C.L. New York State DEC Region 2-Law Enf. Box 251 E.Nassou N
DuPaul - William Dept. of Advisory Serv. VIMS Gloucester Pt.
Duke Emmett 521 Washington Ave Chestertown
Dulembe John Seafood Network Inc. 94 Heritage Lane Chatham
Dunlop Bob 59 Lincoln Rd Montauk N
Dunnigan Jack ASMFC, 1776 Mass. Ave, NW, 0600 Washington D
Durkas Susan 131 East Prospect Ave. Woodbridge N
Dyer Larry PO Box 2407 Amagansett N
Dykstra Jamb 1001 Nicholwood Dr. Apt. 205 Raleigh
Eakes Bob PO Box 98 Buxton
East Hampton Star 153 Main St East Hampton N
Eastlake Gordon P.O. Box 197 Wachapreague
Eckhardt Dr. Ronald Brooklyn College 29M Bedford Ave Brooklyn N
Egerter Bill 1107 St. Louis Ave. P I. P nt N
Egerter VVIIIISM 208 Harvard Ave Pt.Pleasent Bch N
Eldredge Ernest Chatham Fisheries PO Box 1407 West Chatham
Ellen W. Corp. Eastern Shore Seafood Pr. P.O. Box 36 Mappsville
Ellenton Dow World Wide Trading 26 Locust St., Suite 2 Danvers
Ellis Steven National Marine Fish Serv PO Box 436 Hampton
England Marilyn Scully Science Center 306 South Bay Ave Islip
Enners Peter 19 Long Lane Hampton Bays
Epstein Jon 204 LeWs Lane Mays Landing
Escher Diane Envit. Review Coordinator 841 CLhestnut St Philadelphia P
Ethridge Capt. Rex PO Box 91 Wanchese
Eutsler is" PO Box 51 Ocean City N
Evans Amos F Old Inlet Beft and Tackle P.O. Box 129 Rehoboth
Ewing R.C. Baader North America PO Box 9504 Ft. Meyers F
Fogin Dan Newsday, Environ. Writer 235 Pinelawn Rd. Mellville
Falk James M. College of Marine Studies Univ. of Delaware Lewes
Font Stephen 40 Walsh Ave. Auburn
Farley Sen. Hugh T NY State Senate- 412 Leg. Off. Bldg. Albany -- N
Farnham Paul Montauk Fish Dock PO Box 2048 Montauk
.Famham Pan Box 2242 i Montauk N
Was I Russ 66 Douqlas Street ISugwmM Woods lHomosassa F

Last Name First Name Address I Address 2 city
Feinberg William Feinberg Pee, & Feinberg 554 Broadway Bayonne
Feller Fred 417 Croatan Hills Rd. Virginia Beach
Ferrera Jack 356 Arthur St. Freeport
Fields Jack Merchant Marine & Fisher. 2228 Rayburn HOB Washington
Figurski Robert The Trust Company of NJ 35 Journal Square Jersey City
Finke Joe 29 July Ave. Bayville
Fish & Game Assn NASSAU Co. P.O. Box 245 Rockville Centre
Fish Mgmt. Co. Pacific Metro Center, Suite 420 2000 SW First Ave. Portland
Fish Mgmt. Co. W. Pee. 1164 Bishop ST. Room 1405 Honolulu
Fish. Mgmt. Co. N.Paclf. PO Box 103136 Anchorage
Fish. Mgt. Co. Carib. 268 Ave Munoz Rivera 1108 Son Juan
Fish. Mgt. Co. Gulf 5401 W. Kennedy Blvd. Tampa
Fisher Wayne 11940 Old Buckingham Rd Midlothian
Fisheries Coord. Virginia US Fish & Wildlife P.O. Box 480 White Marsh
Fisheries InstIL National 1525 Wilson Boulevard Suite 500 Arlington
Fisherman's Dock Coop P.O. Box 1314 Pt. Pleasant Bch
Fishery Mngmt Cou Now Engl Suntaug Office Park 5 Broadway (Route 1) Saugus
Fitzpatrick James Cape May Star and Wave 513 Washington Mall Cape May
Flannigan Pat P.O. Box 32 Mid-Mi. Fisheries Inc. Swarthmore
Fletcher James 123 Apple Road Mans Harbor
Fllmlln, Jr. Get E. Ocean Co. Ext. Serv. Rt. 527 Agr. Cntr. Toms River
Fordham Sonja Center for Marine Conserv 1725 DeSales St NW Su 500 Washington
Foster Bill PO Box 212 Hatteras
Foster William PO Box 212 Hatteras
Foster, III John W 8 Tidewater Adm Tawes State Off Bldg. Annapolis
Fate Thomas P 22 Cruiser Ct. Toms River
Francis Woody Baltimore Army Corps 10 S. Howard St., 8th F1 Baltimore
Franglpane Philip 78 Lawrence Ave Brooklyn
Fredericksen Pete 34 Stockton Lake Blvd Manasquan
Fricke, FICMI Peter NMFS 1335 East-West Highway Silver Spring
Fulcher Mitchell I I Delavan St East Hampton
Fullilove James National Fisherman PO Box 908 Rockland
G-OLE-2, Fish Enf Comandard U.S. Coast Guard HQ 2100 2nd St.. SW Washington
Gabriel Wendy NMFS/NEFC 166 Water Street Woods Hole,
Gallagher William 508 Carroll Fox Rd Brick
Gallimore Richard P.O. Box 350 Beach Haven
Gallo Richard 23 The Keel East Islip
Gant Randy 10 Artic Ocean Drive Brick
Gamache Charles PO Box 353 Biddlefbrd
Garrell Martin Dept of Physics, Box 701 Adelphf Univ. Garden City Long Island
Garvey Chris 15 Trail Road Hampton Says
Garville jJoseph PO Box 53 Powellville
Gavin Arthur J 1022 Crew Lane ----rm-anahawkin

Last N rne Find Narne Address I Address 2 city
Gaw Edward Mernift PO Box 5225 Lighthouse Pt
Gehan Shaun Sealares Int. 5201 Auth Way Camp Springs
Geiser John 1863 Barbee Lane wall
Geld Gene 793 Pinewood Drive Elkins
Getz Tim '1508 Stage Coach Rd Seavill
Ghtgl" David J. 804 Bayvlew, Ave. Bamegat Light
Glaramits, Jr. Joseph 28 Say 41 St #i Brooklyn
Gibson Barry 4 Puritan Road Beverly
Gifford Marine 18 N. Franklin Blvd. Pleasantville
GlIford DrJamft 7003 Gien Court Frederick
Gillelan M-Ellzabeth NOAA Chesapeake Bay 01c. 410 Sevem Ave, Ste 107A Annapolis
Gillen Patrick 25 Ryder Ave Dix Hills
GlIzInger Robert H. The Gorton Group 128 Rogers Street Gloucester
G4unta Dennis 3 Browning Drive Greenlawn
G489 George Neff Party Boat Owners All. `16`1 Thames St. Groton
Glickberg Ho"rd 2127 Broadway New York
G"e W" 151 Ocean. Tch. Bldg. UnIv. of Washington Seattle
Glowks Arthur 60 Round Hill Drive Stanford
Gocial Morris Certffied Public Accnt!s Fox Pavillon-Sufte 529 Jenkintown
Goell Nancy K P.O. Box 1493 East Hampton
Goetze Albert 5830 Hopkins
Neck Rd Easton
Golden. Jr. Robert Ebasco Environmental 160 Chubb Avenue Lyndhurst
Goldfinger Bud PO Box 2284 E, Hampton
Goldsborough Bill Ches. Say Foundation 162 Prince George St. Annapolis
Good Keith Now York Post 210 S. St. New York
Goodals Hannah Fisheries Mgt.. NMFS/NOAA One Blackburn Drive Gloucesm
Goodger Tim NMFS Oxford Lob. Railroad Ave. Oxford
Gordon Cindy Issues Management 105 Campus Drive Princeton
Gordon Wally Mid-Atlantic Foods PO Box 367 Pocomoke City
Gordon William Sandy Hook Field Station Bldg. #22 Fort Hancock
Goyeneche Fernando 712W 175 St. Apt 2C New York
Grabowski Stephen NMFS Northwest Fish. Cnt 2725 Montlake, Blvd.E. Seattle
Graham Bruce 256 Louvick St Norfolk
Greenling William 10 Crane Fly Circle Cape May
Greenling Bill 10 Crane Fly Circle Cape May
Greenly -David RD 2 Box 447 Lincoln
GrIce Frank 84 Ring Rd Plympton
Grimes Churchil NMFS, SE Fish. Ctr. 3500 Delwood Beach Rd. Panama City,
Griswold Whit Saft Water Sportsman 77 Franfin St. Boston
Grosse Daniel. 10480 Little Pawtuxet Dulte 725 Columbia
Guinn Sonny 10448 Azeala Rd Berlin
Hass John PO Box 270 Seaside Park
Hebron Geoffrey 1907 Washington Blyd 12nd Floor Oak Park

Lost Name First Name Address I Address 2 city
Haines Marty 1450 Church St. Rahway
Halavik Tom US Fish & Wildlife Serv. P.O. Box 307 Charlestown
Halbrunner Wayne 713 Shunpike Rd Cape May
Hallock Lance P.O. Box 358 Stonington
Halperin Laurie Center for Marine Cons. 306A Buckroe Ave Hampton
Hamburg Dan 114 Cannon HOB ATTN: Kate Anderton Washington
Hamer Paul 611 Chelsa Road Absecon
Hamilton, Jr. Robot 527 Main St. Greenport
Hanna Susan Dept. Resource Economics Oregon State Univ. Corvallis
Hanrahan Brian 269 Howard Ave Rochelle Park
Harrell Samuel RR 2 Box 215-K Georgetown
Harrell Ludelle PO Box 329 Edenton
Harrington Kerry PO Box 224 Berlin
Harris Jim 338 Lakeview Lane Cape May
Hasbrouck Emerson Suffolk Coop Marine Prog 39 South Avenue Riverhead
Hastings Jay 1111 3rd Ave. Bldg. Suite 3305 Seattle
Haven Fish Co.Inc Now 34 Saginaw Trail Guilford
Havens, Jr. William POI Box 1992 East Hampton
Hawkins Jeff Div. of Marine Fisheries PO Box 1507 Washington
Hayes Wayne 37 Anthony Dr Hyannis
Haynie Allen W. Zapata-Haynle Corp. P.O. Box 175 Reedville
Heim Ray 18203 Hermitage Rd Onancock
Henry James PO Box 37 Hampton Boys
Hick an David 940 Shirley Avenue Cape May
Higgins Besty Envit. Rev. Coordinator Rm 2203, JFK Federal Bldg Boston
Hill Tom Atl.& Pacific Marine Cons 27 Ferry Street Gloucester
Hillhouse Roger 1222 80th St. South St. Petersburg
Hinman Ken Nats Coal. Marine Cons. 3 West Market Street Leesburg
Hoffman Larry PA Fish&Boat Comm PO Box 67000 Harrisburg
Hogan, Jr. Philip 1299 Globe Ave. New York
Hogarth Wm. P. NOAAINMFS/F CM3 1315 East West Highway Silver Spring
Haheland Porter Marine Policy Center WHOI Woods Hole
Holder Mark 8021 Ocean Pines Berlin
Holliday FISRi Dr. Maric Resource Stat. Div. NMFS 1335 East-West Highway Silver Spring
Hopkins Te" 554 Blackstrap Rd. Falmouth
Hopkins D.Douglas EDF 257 Park Ave South New York
Houde Edward D Ches. Blo. Lob Unlv of MD P.O. Box 38 Solomon$
Houston Len Army Corp of Eng, Env. Br 26 Federal Plaza New York
Howey Ronald US Fish & Wildlife Serv. 300 Westgate Center Dr Hadley
Huba Greg 30 Eagle Nest Terrace S.Kingston
Hughes William 241 Cannon HOB ATTN: Ashley Evans Washington
Humphreys, Jr. H.R. Weems
jHu(chlns Eric 1702 South Rd Iwakeffeld

lion IIIIE 1110 m NINE m ISO IM 11110 INE 1111110 1 = M

Jim M M

UM Marne First Name Address I Address 2 city
Hutchinson Robert The Virginian Pilot 150 W. Brambleton Ave. Norfolk
Hutto Earl 2435 Rayburn HOB ATTN: Deliss Harman Washington
Isaacson Dean 800 8 13th St Virginia Beach
Island Fisherman Long 14 Ramsey Rd Shirley
Island Sportsman Long Mr. Bill Shaber Box 242 Patchogue
Jacangelo Dominic Senator Owen Johnson 23-24 Argyle Square Babylon
Jackson Patricia Lower James River Assoc. P6 Box 110 Richmond
Jackson Robert 6074 Worcester Hwy Snow Hill
Jacobs John 410 Severn Ave Suite 107A Annapolis
Jasuta Jim 108 N. Grenich St. Montauk
Jensen Arne 512 Shun Pike Rd. Cape May
Jensen W. Peter Towes State Office Bldg. 580 Taylor Ave. Annapolis
Johnson Charles 194 Connetquot Dr. Oakdale
Johnson TOM Greenpeace 1436 U Street Washington
Johnson Gall RFD fl. Box 321 South Ha!!:!n!!-q
Johnston W. Scott 3544 Falstone Rd Richmond
Jones Susan Commercial Fisheries News PO Box 37 Stonington
Jones Andrew PO Box 2088 Montauk
Jones Dr. C"Is Old Dominion University AMRL Norfolk
Julian Joseph P JullaWs Balt Shop PO Box 302 A0. Highlands
Kaiser Dana 499 Main St Metuchen
Kamiensid Don 10 McCay Drive Roebling
Kaminsky James 75 Woodcliff Dr. Mattituck
Kanopke John 3622 Princeton Dr. N. Wantagh
Kanyuk Dennis 593 Maude St , S .Hempstead
Kaplan Eugene 148 Waterview St Northport
Keranozinsld Andrew 7713 Central Ave Sea Isle city
Kavenagh pet 39 Burnham Dr Falmouth
Kearney, Jr. Ste" 79 Laurel Dr. Massapequa Park
Keene Harry M. 28256 Widg@on Terrace Easton
Kelleher John 14 Brookridge Rd Cape May Crthse
Kennedy John 135 Cedar Island Rd Narragansett
Kennerly. Jr. Harold 8 1115 Woodland Rd. Salisbury
Kenney Heidi Warwick Cove Marine 2 Seminole Warwick
Kensler Mike Chesapeake Bay Found. 100 W. Plume Ctr, #701 Norfolk
Keros Caranean 5622 Ravens Crest Dr Plainsboro
KessIrVer R. M Hayes St Boldwin
Kleser Fred 209 Bellevue Rd Oakdale
Kim Bay Co., Inc P.O. Box 51 Ocean City.
King Jim 220 East Mill Rd. M*ftduck
Kingston Jack .1229 Longworth HOB ATTN: Triece Ziblut Washington
Kircher j@eggy ILGL Aiaska Rsrch Assoc 175 Tudor Centre Dr. 101 Anchorage
Klrkeberq Eirik ITacony Rd. lWildwood

LastNarne First Name Addressl Address 2 city
Kislowski Sigmund 2607 Fetter Lane Bowie
Kissell Kenneth 103 Cartagena Dr Brick
Klinefelter G.R. 21 West Main St. Ephrata
Knisell Ralph 100 W. Mantua Avenue Wenonsh
Koehn John 104 Campus Dr. Princeton
Kopel Ty Borden, Inc. 180 E. Broad St, 23rd Fl Col mbus
IU
Komehrens Richard 14 Holly Tree Lane Eait Islip
Koury Peter 18 North Main S1. P.O. Box 778 Cape May Crthso
Kozak Linda Access Unlimited, Inc 326 Center Ave, Suite 202 Kodiak
Kozofsky Eric 31 Washington Heights - Hampton Bays
Kruse David Rt 2 Box 234 Montauk
Kuhnle Alfred 117-26 228th Street Cambria Heights
Kunz Nancy Dept of State CZMp 162 Washington Ave Albany
Kurkul Pat NOAA Fisheries - FINER72 One Blackburn Drive Gloucester
LeMonles Peter A. Cape May Canners, Inc. PO Box 158, Indian Tri. Cape May
LaRosa Leo 19 Arcadia Ave. Reading
Leaksonen win VA Charterboat Assoc. RT 2, Box 3D Onancock
Lagace Louis 3567 Main Rd. Tiverton
Lamble James T. 6 Ripley Lane South Belmar
Lancaster H. Martin 2436 Rayburn HOB ATTN: Skip Smith Washington
Baldwin
Landau Marc 696 Allwyn St.
Langreney Fabric* NACLS 9200 Basil Crt Suite 306 Landover
Lentz Bryan Cape Cod Times #19 Cove Rd New Orleans
Larson Kirk East 13th Street Barnegat Light
Laske Ed 20 Iroquois Place Massapequa
Lasprogate Joe 2413 Whitby Rd Havertown
Letannio, Jr. John 50 Palmer Ave. Staten Island
Laudeman Keith Cold Spring Fish & Sup.Co Cape May
Laudeman Wally Cold Spring Fish & Supply Co. Cape May
Low Enforcement NMIFS PO Box 4304 Salisbury
Low Enforcement NMFS PO Box 277 Newport News
Low Enforcement NMFS PO Box 1869 Elizabeth City
Lawrence Geoffrey Community Media, Inc. 25 W Centntl Ave., Box93 Pearl River
Lazar Naji Coastal Fisheries Lob 1231 2nd Succotash Wakefield
Locates John 222 Ann Ave. Rehoboth Beach
LeCates Harry L 222 Ann Ave Rehoboth Bch
Legislative Comm. NY State on Water Resoure Needs-LI I I Middleneck Rd. Sul.213 Great Neck
Leo Arnold E. Hampton Town Baymen! s 130 Gerard St. E.Hampton
Leonard Donald PO Box 378 Chincoteague
Leonard Thomas Cape May County Library 30 West Mechanic St. Cape May Crthse
Lerman Matthew 454 Beach 143rd St Neponsit
Levin Fred Levin Marine Supply PO Box 44 Fairhaven
Library Rosenstiel School 14600 Rickenbacker Causawy Miami

Lost Name First Name Address I Address 2 city
Library NMFS Panama City Lab 3500 Delwood Beach Rd Panama City
Library Regional Dept of Fish. & Oceans Box 5667, St. Johns, NfId Canada Al C 5XI
Licate Jeff Top Catch Seafood 87 Sackett Brooklyn
Lick Bob 831 State Rd West Grove
Lighthouse Marina P.O. Box 705 Bamegat Lt
Lind William 1974 East 37th St Brooklyn
Upcius Dr. Rom VIMS College of Wm & Mary School of Marine Science Gloucester Point
Livernois Raymond 277 Yawgoo Valley Rd Exeter
Livingston Dick NOAAINMFS Law Enforcement, 617 Hwy 71 Bldg 2 Brielle
Livingston Laura Envtt. Review Coordinator 26 Federal Plaza New York
LoPerfido, Tony 911 83rd Street Brooklyn
LoVerde Eugene A NMIFS, Statistics PO Box 143 Toms River
Locandro Dr.Roger 26 Grafton Rd Frog Hollow Hog Farm Stockton
Loa Roy PO BOX 76 Gwynn
Lofsted, Jr. Rick do Inlet Seafood PO Box 2148 Montauk
Loftes, Jr. Harold 271 Congdon Dr Wakefield
Looft Edward 20 Tracy Laie East Islip
Lore Joseph_C Box 21 Ridge
Loret John Science Museum of Ll 1526 North Plandome Rd Manhasset
LUCY John Marine Adv. Serv. VIMS Gloucester Pt
Lund Warren 0 997 Ocean Drive N. Cape May
MacDonald Joel NOAA Fisheries - GCNE One Blackburn Drive Gloucester
MacKell LOUIS PO Box 702 W. Hyannisport
MacLean Malcolm 0. 240 Causeway Lawrence
Macmillan Joseph 60 Atlantic Ave. W. Sayville
Madsen Stephanie AJeutian Seafood Proc. As Box 701 Unalaska
Malchoff Mark H. Cornell University Lab 39 Sound Ave. Riverhead
Mallszewsld Ed 214 Emston Rd. Perlin
Mallarl Ana 123 Edgewood Ave. San Francisco
Manchester Francis Point Trap Co. 1728 Main Rd Tiverton
Mangano James Box140 Amagenselt
Manning Richard Staten IsTed. of Sprtsmen 263 Lincoln Ave. Staten Island
Manzarl Nicholas 60 Bandolier Ln West Bayshore
Marconi Capt.Thornes 219 Kensington Rd. Lynbrook
Maresca Joe I Wellington Rd Merrick
Marine Laboratory Mote Davis Library 1600 Thompson Parkway Sarasota
Marine Product Bd Virginia 554 Denbigh Blvd, Suite a Newport News
Marion Ron Basic American Foods 309 Baffles Street Brockton
Marks Rick National Fisheries Instft 1525 Wilson Blvd. Ste.500 Arlington
Marks Peter 8 Doxee Place . Islip
Martin David Martin Fish Co. Box 51 Ocean City
Martin James National Westminster Bank =450 Tiiion Rd Northfield
Martin Robert L Lock Drawer 179 ----TB-ellefdnte

Last Name First Name Address I Address 2 city
Masin William Flamingo Rd. Montauk
Mason John Dept. of Env. 'tons. SUNY Bldg. #40 Stony Brook
Matters Fred 28 Knowles Lane West Kingston
Matthews Howard 616 Seashore Road Cape May
Mayflower Int. P.O. Box 324 Wenhom
Maynard Al East Coast Fish. Ass'n 192 Ballard Ct. Suite 202 Virginia Beach
Mazurie John 121-50th st. Sea Isle City
Mazza John Continental Capri Inc. 250 Jackson Street Englewood
McBride Capt. Joe PO BOX 1908 East Hampton
McCauley Jim 30 Woodman's Trail Wakefield
McCoy Bonnie J Dept. of Human Ecology Cook College, PO Box 231 New Brunswick
Mccloy Thomas W. Div Fish. Game, Wildlife CN 400 Trenton
McCullough Charles PO Box 351022 Palm Coast
McDanlels Donald 1052 Shunpike Rd. Cape May
McElroy Paul Charter Ind. Magazine PO Box 375 Stuart
McGarrlgle, Jr. Harry 2401 W. Brigantine Ave. Brigantine
McGuigan Bruce Box 1578, Route 3 Selbyville
McHugh Dr. J.I- do Vinson Hall 6251 Old Dominion Drive McLean
i@-cKeen Michael Box 184 Crosswicks
McKeman Dave National Marine Fisheries Box 608 Patchouge
McKown Kim NY State Env. Conservat. SUNY Bid #40 Stony Brook
McQuillan Dan PO Box 854 Mattapolsett
McSweeney Philip 118 Old Stone Highway East Hampton
McVey Thomas 813 Seashore Rd Cape May
McWeeney Leo 174 Belivue Ave Newport
Mead Wm. R. Nanticoke Seafood Co. PO Box 70 Nanticoke
Mears Harold NOAA Fisheries - FINE04 One Blackburn Drive Gloucester
Meberg Dave 403 Anchorage Way Freeport
Medefros Arthur CT Comm Fishermen 236 N Water St Stonington
Medved, PhD Dr. R.J. Great Circle Fisheries 78-A Park Place East Hampton
Meier Mike VA Marine Resource Comm PO Box 756 Newport News
Melius TOM US Senate Comm. of Commer RM 428 Hart Bldg Washington
Mendonse George Tallman & Mack Trap Co. Spring Wharf, PO Box 88 Newport
Many Thomas PO Box 791 Pt. Lookout
Meredith Russell NMFSINOAA 201 Varick St. Rm. 731 Now York
Merrill Jeff 918 Houston St South Plainfield
Metzner Rebecca 125 C. Street SE Apt. 3 Washington
Middleton Mark PO Box 192 East Marion
Middleton Robert. Minerals Mgmt Serv - 644 Pkwy Atrium Bdg 381 Elden Herndon
Midgette Donald Marine Safety Otc.Hampton 200 Granby Mall Norfolk
Miguell Celerina 229 Cannon Building Washington
Mihale lJohn 153 California Place N. island Park
[Mlles lJohn R. 1J.H. Miles & Co., Inc. Box`178 INorfolk

M = M = = = = Ift M M M-M M

Last Name Find Name Address I Address 2 city
Miller Dr. Gary Advanced Aquacultural Tec PO Box 426 Syracuse
Miller Mort NMFS- Univ. S.Bldq. 1335 East-West Highway Silver Spring
Miller Richard PO BOX 816 East Quogue
Miller Brian Foot Brown Ave PO Box 2180 Norfolk
Millikin Mark NMFS, FICM2 1335 East West Highway Silver Spring
Miranda J.L. Embassy of Spain/Agricult 2375 Pennsylvania Ave.,NW Washington
Mirkovich Nick PO Box 168 Aransas Pass
Mitchell Ed 67 Hillcrest Ave. Wethersfield
Mizzele Joe 1409 Gabriele Dr Norfolk
Moffe Michael M. Moffa & Son Seafood Box 748 Coles Mill Rd. Franklinville
Mombel" Ray 401 Valley Way Aricidown
Monaghan Rick NC Div. Marine Fisheries PO Box 769 Morehead City
Montfort John Box 358 207 Sunset Blvd. Bamegat Light
Montgomery Joe office Of Fed Acftffles 401 M st SW, MC, 2252 Washington
Moore Niels National Fisheries Instit 1525 Wilson Blvd, Ste 500 Arlington
Moran Bob NFI Suite 500 1525 Wilson Boulevard Arlington
Morse Peter 62 Tuttle Lane Greenland
Mortensen Kal F. EC Delegation 2100 M St.,NW, Suite 707 Washington
Mott Bill Marine Fish Conserv. Not. 1725 Desales NW Washington
Muhlbaler Craig do Form Credit S.Jersey PO Box 188 Brdldg n
Muller Dr. Wm. 37 West I Oth Ave. Deer Park
Muller Heinz Envit. Review Coordinator EPA Reg 4, 345 Cortlarid- Atlanta
Murawsid Steve NEFCINMFS Water Street Woods Hole
Murchetwo Robert Northeast Fisheries Cntr 166 Water Street Woods We
Murray. Jr. John PO Box 387 Brielle
Musick Dr. Jack VIMIS Gloucester Pt.
Mudo, Director Joseph Kinsborough Comm College 2001 Oriental Blvd Brooklyn
Myers Richard Eastern Shore Seaf. Prod. MappsVille
NAFO PO Box 638 Dartmouth, N.S. Canada 82Y 3Y9
NMFS Statistics Investigations P.O. Box 125 Greenbackville
Nardi George 25 Adams St Holbrook
Nash James 19 Priest Blvd. Rio Grande
Newman Kenneth 150 Lexington Ave New York
Newman Vivian Sierra Club 11194 Douglas Ave Marrioftsville
Nicholls Bruce Wedland & Nicholls 265 Franklin Street Boston
Nickerson Howard Offshore Mariner's Assoc. 114 MacArthur Dr. Now Bedford
Nielsen John National Public Radio 635 Mass. Ave., N.W. Washington
Nolan John&Laude Box 2124 Montauk
O'Conneff Tory Marine Fisheries SecUAFS 304 Lake St., Room 103 Sitka
O'Connor Michael Boston Herald, Outdoor Ed I Herald Square Boston
O'Hare Joe 1919 Marlin Dr. Ocean City
O'Hara and Sons F.J. 145 Northern Ave Boston
10'Malley - JIM East Coast Fisheries --1PO Box 649 Naragensett

Lost Name Find Name Address 1 Address 2 city
O'keefe Jim 563 Sunny Ave. Sommers Point
Ocean, Inc. Scan 33 Crafts Rd. -6-1oucester
Oches Arthur I Muriel Place Manasquan
Odiemo Linda NJ Dept of Agriculture CN 330, Rm. 200 Trenton
Odlin Arthur 210 A Pine % S. Portland
Odlin Jim PO Box 288 Portland
Office Comm. College of Wm. & Mary VIMS Gloucester Pt.
offshore Fish Asn All. P.O. Box 3001 N rt
Ofiara Douglas Inst. of Marine & Coastal Cook College, PO Box 231 New Brunswick
Olsen Rolf 2042 Marshland Dr. Charleston
Osmundsen Sig Sig's Dock. Inc. 704 W. Montgomery Ave. Wildwood
Ottmann Barry 7017 Sandringham Ct. Raleigh
OuelWe, CGLO LCDR D. National Marine Fisheries 8484 Georgia Ave., Ste,415 Silver Spring
Outten Bill Tawes State Office Bldg. 580 Taylor Ave. Annapolis
Overton Ellen 1825 Connecticut Ave., NW Rm 627 Universal South Washington
Paladino Thomas 2332 Royce St : Brooklyn
Pallone Frank 241 Cannon HOB ATTN: Jed Brown Washington
Palmer Steve 2647 Haddonfield Rd. Pennsauken
Parker, Esq. Barry T. 3 Greentree, Ctr Suite 401 Rt. 73 & Greentree RT . Marlton
Persons H. Dole 7 Vermont Ave Lewes
Paschall AJIan 2137 E. Admiral Drive Virginia Beach
Patterson. Jr. Jack Patterson, Jrs., Inc. PO Box 332 Barnegat Light
Venello, Julian 2928 Replica Lane Portsmouth
Pennypecker Norman Sea Watch 242 S Rehoboth Blvd Milford
Peterson Allen NOAA Fisheries NEFC Water Street Woods Hole
Peterson Ralph Squid Mack Freezers 6 North Industrial Blvd Bridgeton
Petronlo, Jr. Everett 1239 Hartford Ave Johnston
Phartz Allen Box 212 East Hampton
Phillips Mark S. FIV Illusion 217 Alth St. Greenpott Village
Phillips James H. 1021 Ceder Ridge Ct. Annapolis
Pierce David Div. of Marine Fisheries 100 Cambridge St Boston
Plante Janice M. Commercial Fisheries News 1183 Taughannock Blvd. Ithaca
Pleickhardt John 15 Leach �t. Lyn
Poffenberger Brian Senator B. Mikulskl 709 Hart Office Bldg. NE Washington
Pollock Susan National Fisherman 65 Langdon St. CaRbir-idge
Pollum Michael 217 N Princeton Ave. Swarthmore
Power Greg NMFS, Woods Hole Lab 166 Water Street Wo;ds Hole
Powers Collin PO Box 10009 629 East Main St., Oth III Richmond
Pride Bob Fisheries Mngmt Committee 2105 Tumberry Cove @Arglnla Beach
Pruitt William Marine Res. Comm. P.O. Box 756 Newport News
Pt. Judith FIshmn Cooperative Assoc.. Inc. P.O. Box 730 Narragansett
Puskas lFrances 1202 Central Ave. PO Box 19`1 Bamegat Light
Puskes, Jr. 11-ouls PO Box 191 lBameqat Uqht

oil M

Last Nano First Name Address I Address 2 city
Quinby Bill Mayglower Intl PO Box 234 Wenham
Quinn Adeline 1 Ocean Blvd Lido Beach N
RCG Fisheries 5 Beach Road East Old Saybrook C
RI Seafd. Council 212 Main St #3 Wakefield R
Radio WWQQ News Director 721 Market St., Suite 101 Wilmington N
Radonsid Gilbert 51 Pepper Tree Ct Warrenton
Ralyee David Frank Flower & Son Ludlan Ave Bayville
Randolph Jack 304 Nottingham Dr. Colonial Heights
Rattl Bryan 6851 Imperial Dr West Palm Beach F
Ravenel, Jr. Arthur 231 Cannon HOB ATTN: Thomas Henderson Washington
Raymond Fran Rockeseller Bros Fund 1290 6th Ave New York
Redmayne Peter Seafood Leader 1115 N.W. 46th Street Seattle
Rees Jeff Borden, Inc 180 East Broad Street Columbus C
Rom Ion 3235 Emmons Ave Brooklyn
Regenstein Dr. J.M. 112 Rice Hall Cornell Univ. Ithaca
Regional Director NOAA Fisheries - F/NER One Blackburn Drive Gloucester
Relchle Jeff Lunds FishWe-s 977 Ocean Drive Cape May
Reitz Capt Doug 62 Laurel Lane West Kingston R
Reporting Spec. Fishery NMFS-Ratisfics Branch PO Box 547 Narragansett R
Reporting Spec. Fishery NMFS-Statistics Branch PO Box 624 Cape May
Repoiting Spec. Fishery NMFS. Statistics Inv. U.S. Custo
.0 m House New Bedford
Reporting Spec. Fishery NMFS, Rm 217 Fed. Bldg. P.O. Box 708 Rockland h
Reporting Spec. Fishery NMFS-Statistics Branch PO Bldg. Thames St. Newport R
Ul Reporting Spec. Fishery NMFS-Statistics Branch 29C Stage Harbor Rd Chatham
Rhodes Dusty 2361 Fire Lane North Southampton
Richard G. Dep. Min. of Fisheries P.O. Box 2223 Hafifax@ N.S.
Richardson George Blount Seafood Corp. Box 327 Warren R
Richford George 2150 Hendrickson St Brooklyn
Ridge Duncan 38 Shore Rd E. Setauket
Riffe Donald E Old Saft Seafood 8978 Glebe Park Dr Easton h
RIns Button Ruggiero Seafood 1137 Dickinson Ave Yardley
Risdon Frank The Gorton Group Gorton Rd, PO Box 309 MIIMIle
Ristorl Allen 1552 Osprey Court Manasquan Park
Robbins Nell 7711 Roberts Ave Sea Isle City
Roberts Fred Deep Water Fleet, Inc. 376 Vanderbilt Blvd. Oakdale
Roberts Mark PO BOX 99 Jonesport h
Robirison FINW02 William NMFS Bin C15700 Seattle
Robson Ron 1447 Rt. 83 Cape May Cou Hse
Rodia, Jr. Louis A 6 N Main St Cape May Crthse
Rodrigues Kathl L. NOAA Fisheries - FMER72 One Blackburn Drive Gloucester
Roman Gordon Captree Boatmens Assoc. 17 Laurel Road Freeport
Rose Benny 712 PlIgrim Plaza N. Cape May
lRose Arthur -4 Francis St lWestport h

Lag Name First Name Address 1 Address 2 city
Rosenman Richard Dept of State Room 5806 2205 C Street NW Washington
Ross Bob 8 Janes Road Boxford
Rothschild Dr. Brian Chesapeake Blo Lob Univ. of MD Solomons
Ruals Rich PO Box 447 Salem
Rubin Bernle Chincoteague Seafood PO Box 21 Chincoteague
Rubins Jonathan 2671 Village Blvd Ap1302 West Palm Beach
Rucky Robert 15 Hunting Lane East Islip
Ruggiero Sal 96 Fairmont Ave Chester
Rugolo Dr. Louis MD Dept Not. Res. B-3 Tawas State Ofc. Bldg Annapolic
Ruhle James PO Box 302 Wenchese
Ryan Patrick Micro Systems Integration 97 Stony Brook Rd Stonington
Ryder Richard 14 Tool Rd. Rio Grande
Saftne Cad National Audobon Society 306 S Bay Ave Islip
Sampson Mark 10418 Exeter Rd. Ocean City
Santich Matthew CR 112 PO Box 657 dreenwood
Santos. Jr. Anions 77 Chancery SL Now Bedford
Sapp, Sr. Robed L Box D-14 River Village Millsboro
Savedove Larry Jersey Shore Newsmagazine 1816 Long Beach Blvd Surf City
Savage Ricks E. 11824 Parlin Drive Berlin
Sawyer. III Henry 8 Kiawsh-Seabrook Seafood 39M Bohicket Road Charleston
Richard
Schaefer FICM NMFS, SSMC Bldg 1 1335 East-West Highway_ Silver Spring
Schelble Capt. BnKe 23 Wynne Rd. Ridge
Schick Francis 7147 Marsden St Philadelphia
Schill, Exec.Dir. Perry NC Fisheries Assoc. PO Box 12303 New Bem
Schmidt Ray 185 Blue Point Rd. Oakdale
Schumann Chris I Bow Oarsmans, Rd East Hampton
Schwab Fred 87 Old Farm Road Levittown
Sdabarra Joseph 31 Ross Lane Sinai
Scott Karl 312 Oxford D . Savannah
Sea Grant Legal Louisiana 170 Low Center LSU Baton Rouge
Sea Watch Intl. M. Bums 8978 Globe Park Drive Easton
SeaCove, Inc. Atlantic 402 "Cm Street Boston
Seafood, Inc. Phillips Saul Phillips PO Box 817 Barnegat Light
Seawave Corp. PO Box 400 Rio Grande
Seminars, Esq. Joseph F Wolff, Seminars & Mitberg 230 Park Ave.,Sufte New York
Serrone Not eel Annette Dr. Wantagh
Shackelford, Jr. LK PO Box 422 Hampton
Shepherd Gary NMFSINEFC 166 Water Street Woods Hole
Sherba. Jr. John S FIV Shearwater 16 Susan Lane Green creek
ShInnecock Fish Dockinc PO Box 728 Hampton Bays
Shoemaker Dole E. 145 Winter Street leridgewater
-Siegel Al 41 Millbrook Drive I Stony Brook
ISlegel ILOU I Shore Environmental Assc. I P.O. Box 202 IMassapegua

Last Narm First Name Address I Address 2 city
Siegel Melvyn American Swordfish Assoc. 7908 Bayshore Dr. Margate NJ
Simmons George FN Shearwater 814 Weekslanding Rd Cape May NJ
Slmrnons Marion R. PO Box 10 Walterboro Sc
Simonitsch Mark Nantucket Sound Fish Pier 84 Doane Rd. Chatham M
Sinning John PO Box 724 Southold N)
Sloevelano Jorgen U.S. Fish & Wildlife 1825 Virginia St. Annapolis M
Slikas Vincent 87-34 95 st. Woodhaven N)
Sloan Stephen Confed Ail Charter Boats 230 Park Av, Suite 1221 New York N)
SmInkey Tom DNR, Div. of Marine Res. 100 8th Ave., SE St. Petersburg FL
Smith Art PO Box 399 Wanchese W
Smith Eric Dept of Env. Protection Marine Fisheries, Box 719 Old Lyme CI
Smith Robert 0 46 Woodcock Trail Charlestown RI
Smith Ronal 460 Gills Neck Rd. Lewes DE
Smith To" Northeast Fisheries Centr 166 Water Street Woods Hole MO
Smith TOM 7605 Worcester HWY Newark M
Smith LeAnn 88 Am"Ile St. Islip Terrace N)
Smith Bruce 416 Hulse Ave Brick NJ
Smith Mrs. Edward @6-05 Worcester Highway Newark M
Solberg Rob 3601 Somerset Dr. Seaford N)
Spingler Kevin The Stony Brook School Route 25A Stony Brook M
Spitsbergen Dennis NC Div of Marine Fish PO BOX 769 Morehead Ctty NC
StJohn Dr. R.Bruce Caterpillar Inc. PO Box 610 Mossville IL
Stallings Jack 611 Goldsboro we Virginia Beach W
State UnIv. Or"Orl Library-Serial Corvallis
0
Stavis Fred Stavis Seafoods, Inc. 148 Northern Ave. Boston M)
Stavis Norms" North Coast Seafoods 1244 Fargo St Boston W
Stelmle Clair US Dept of Commerce NOAA Sandy Hook Lab Higlands NJ
Stelle William Merchant Marine & Fisher. 1334 Longworth HOB Washington DC
Stensland John FishermaWs Supply Pt. Pleasant NJ
Stephens Harry C. 237 Cabots Creek Drive Myrtle Beach Sc
Stevens Lorelei PO Box 655 West Harwich M
Stevenson Barbara Sulte 313 Two PorUand Fish Pier Portland M
Stevenson Douglas Cntr for Seafarers Rights 241 Water St. New York N)
Steves Gale Home Magazine 1633 Broadway, 41st floor New York N
Stolpe Exec. Dir. Nils E. 3840 Terwood Dr. Doylestown PO
Stone FICM3 Dick NMFSINOAA 1335 East West Highway Silve Spring M
Stott III Charles 1406 Bayvine Ave Box 23 Bamegat Light K
Stott Richard East St. & Mass. Ave. Cape May NJ
Strand Dr. Ivar UnW of MD Ag & Res. Dept 22W S)TWns Hall College Park M
straftman Stsve 72 N. Lakeshore'Drive Manah in K
Stray Bill 10740 Shore Front Pkwy Apt SK Rockaway Pt. N
.Street Mich" W. NC Div. Marine Fisheries PO Box 769 Morehead City N
IStromborn IDan B. lRutgers Cooperative Ext. 4 Moore Road Cape May Crthse N.

Lost Name FIM Nmn Address I Address 2 city
Studds Gerry E, Merchant Marine & Fish. 1334 Longworth HOB Washington
Sulsan Kelshe Ltd Nippon Bank of CA C_ er 900 Fourth Ave., 30F Seattle
Sullivan Michael Westminister Press 1280 Ritchie Rd. Capital Hghts
Sullivan Patrick PO Box 1028 East Hampton
Sullivan John 245 E. Main St. Gloucester
Sutton Alex IOLAR Enterprises PO Box 919 Remsenburg
Swagler Jim 1662 Yokana Rd Towsown-
Sweeney Brian A. Seafreeze Ltd. 100 Davisville Pier N. Kingstown
Swenson Cad 1201 Ocean Ave. Apt. 78 Sea Bright
Tedick Vincent Josh H. Carter Co. 33-34 Fulton Fish Market New York
Tamlmle David USCGR 245 Hampton Rd. King of Prussia
Taormina Anthony 7090 SE Lillian Crt. Stuart
Taresevich Chris Chipper Seafood 43 Celestial Dr Sounderstown
Torgett Nancy College of Marine Studies University of DE Lewes
Tatern Damon PO Drawer 429 Nags Head
Taylor Gene 215 Longworth HOS ATTN: Stephen Perdnich Washington
Taylor Shirley 1414 Hilltop Drive Tallahassee
Torceiro Mark NMFS1NEFC 166 Water Street Woods Hole
Testaverde Sol 11 Lakeridge Drive Georgetown
Tharp Robert 283 North St West Creek
Thomas Randl US Tuna Foundation 1101 17th St.N.W.Sufte609 Washington
Thompson Capt. Paul 95 Acorn Lane Cape May Court Hs-e
Tillett silly PO Box 383 Wenchese
Tillett Kevin PO Box 159 Monteo
00 Times Sakonnet East Bay Window Section I Bradford St Bristol
Timmons, Editor Dole Coastal Fisherman 9747 Goff Course Rd. Ocean City
Tomorowlez DrJacek Polish Embassy, Econ. Co. 1503 21st St. N.W Washington
Touris Arthur Tourls Products Inc 34 Fifth St. Pelham
Townsend Chester Sandy Lending Dagsboro
Trobei@ Jr. Frederic 300 E. Myrtle Rd. Wildwood Crest
Travelsteed Jack Marine Res. Comm. PO Box 756 Newport News
TrIbbitt, Sr. Robert L RD 2, Box 5 Frankford
Truax Leroy P.O. Box 727 Monshawkin
Tully William 39 Canoe Place Rd. Hampton Says
Tweedy, Jr. Groege 168 Sumpwams Ave Babylon
Ulansid Prof. Stan Dept of Geology James Madison UnIv. Harrisonburg
Ulsh Stephen PA Fish & boat Commission PO Box 67000 Harrisburg
Unlimited, Inc. Access PO Box 2436 Port Angels
Unsoeld Jolene 1527 Longworth HOB ATTN: Jim Hoff Washington
Valliere April Division of Fish & WIdlif Succotash Rd Wakefield
Vansont Ron 8 E. Sunrise Rd Petersburg
Verbanas lCapt. Bill 2614 Whittier Dr Wilmington
-Vessels, Inc. lAtlantic P.O. Box 178 Norfolk

MM M M = = M M M M M M@m M

Ust Name First Name Address I Address 2 city
Village Dock Viking I 9th Street Box 458 Barnegat U
Vincent Raoul 18 Argyle Drive Northport, Ll
Voss. Jr. Leonard 210 N. Street- Smyma
Wed Peter PO Box 1174 Mattituck
Wadsworth John 15 First St. Waterford
Wagner Eric AT & T Communication 340 Mt. Kemble Ave. S200 Morristown
Wagner Joe 10 Woodbine-Ocean View Rd Ocean View
Waldman Alan 611 Roosevelt Blvd Marmots
Waldman Cheryl Cong. Info. Serv. 4520 East West Hwy. Bethesda
Walker, III Wrn E 57 Eastwood Rd Media
Wall Fred 68 Say Breeze Dr. Toms River
Wallace David P.O. Box 1895 Salisbury
Wallo Ron RR213ox 86 D Dagsboro
Walsh Laurence P.O. BOX 199 Barnegat Light
Waltz Bob 345 Rimson Rd. Wadina River
Wanchess Fish Co. Box 369 Wanchese
Wang Stanley NOAA Fisheries - FINER5`1 One Blackburn Drive Gloucester
Ward Charles 2332 Sayville Road Virginia Beach
Ward Lester 9308 Eclipse Drive Suffolk
Work Kevin 1508 Bayview Ave Bamegat Light
Wsmy Mrs. R.R. Bridle Parh Jrbpr Acr Prt Washington
Water Seafoods Deep Box 144A East Lake Dr. Montauk
Wat A- Wayne 10222 Golf Course Rd. Ocean City
Watson Edward 420 Fidler Rd Woodbine
Weber Rick C/O South Jersey Marine PO Box 641 Cape May
Weeks Stevenen 410 Front Street PO Drawer 360 Beaufort
Weeks Theodore 6 Irongate Lane Medford
Wehner Diane E. do USEPA, Rm 3137-C 28 Federal Plaza New York
Weis Nancy B. 4002 Wfvlew Dr. Newark
Weisberg Richard 509 Nassau Ave Freeport
Weiss Alan Blue Water Fishing Tackle 211 Boro Line Rd. - King of Prussia
Weiss, Peter GCTA 304 Newbury St, Box 343 Boston
Weiss Richard 167 Reid Ave Rockaway Pt.
Welch Ed 12501 Cassondre Ct. Woodbridge
Wells William PO Box 6W Seaford
Wertz Charles 160 Gordon Plance Freeport
West Susan North Carolina Fisheries PO Box 183 Buxton
West Kety NCDMF 1424 Carolina Ave Washington
Wheat Max NY Marine Ed. Assn. 333 Bedell St. Freeport
Whitted FICM12 Shirley NOAA1NMFS Room 8237 1335 East West Highway Silver Spring
Wiegand Robert 2034 East 73rd St Brooklyn
Wilkings Prof. Bruce Cornell Coop DNR 1112 Fernow, Hall Ithaca
William Roy 141 River Edge Rd. ----I-RIver Edge

Lost Nam Fird Ne"M Addoess I Address 2 MY
Williams Chris I I Canal Way Hampton Bays
Williams James PO Box 1308 Hampton Bays
Williams John 2 Seminole St Warwick
Williams Roy Marine Fisheries Comm. 2640 Exec Cntr West, 106 Tallahassee
Williams, FICMI Loreft NMFSINOAA, Rm. 8490 1335 East-West Highway Silver Spring
Wilson Doug Axelsson & Johnson 993 ocean Drive Cape May
Wilson Jennlfw 428 Monticello Blvd Alexandria
Winkel Rob State of NJ, DEP CN400 5 Station Plaza Trenton
Wise William Marine Science Res. Cntr. Discovery Hall, Room 165 Stony Brook
Wltek Charles 1075 Tooker Ave W.Babylon
Woodley-Miller Cheryl NMFS, Charleston Lob PO Box 12607 Charleston
Wright Dr. Jim 1120 Ist Colonial Rd. Virginia Beach
Wurster Richard 245 Fifth Ave West Cape May
Wye" Joseph R. JRW Associates 1904 Severn Grove Rd Annapolis
Wypyszlnsld Ajax PO Box 231 Cook College Rutgers UnIv. _ New Brunswick
Young Don FIsheris Mngmt Subcommitt 2331 Rayburn HOB Washington
Iyoung Ayanne Greenpeace USA 1436 U Street, N.W. Washington

APPENDIX 3. REGULATORY IMPACT REVIEW

1. INTRODUCTION

1. 1. Purpose

Executive Order 12866, wRegulatory Planning and Review", was signed on September 30, 1993, and
established guidelines for promulgating now regulations and reviewing existing regulations. While the
executive order covers a variety of regulatory policy considerations, the benefits and costs of regulatory
actions are a prominent concern. Section 1 of the order deals with the regulatory philosophy and principles
that are to guide agency development of regulations. The regulatory philosophy stresses that, in deciding
whether and how to regulate, agencies should assess all costs and benefits of all regulatory alternatives.
In choosing among regulatory approaches, the philosophy is to choose those approaches that maximize net
benefits to society.

The regulatory principles in E.O. 12866 emphasize careful identification of the problem to be addressed.
The agency is to identity and assess alternatives to direct regulation, including economic incentives, such
as user fees or marketable permits, to encourage the desired behavior. When an agency determines that a
regulation is the best available method of achieving the regulatory objective, it shall design its regulations
in the most cost-effective manner to achieve the regulatory objective. Each agency shall assess both the
costs and the benefits of the intended regulation and, recognizing that some costs and benefits are difficult
to quantify, propose or adopt a regulation only upon a reasoned determination that the benefits of the
intended regulation justify its costs. Each agency shall base its decisions on the blast reasonably obtainable
scientific, technical, economic, and other information concerning the need for, and consequences of, the
intended regulation.

The National Marine Fisheries Service (NMFS) requires the preparation of a Regulatory Impact Review (R[R)
for all regulatory actions that either implement a new Fishery Management Plan (FMP) or significantly
amend an existing plan. The RIR is part of the process of preparing and reviewing FMPs and provides a
comprehensive review of the changes in net economic benefits to society associated with proposed
regulatory actions. The analysis also provides a review of the problems and policy objectives prompting
the regulatory proposals and an evaluation of the major alternatives that could be used to solve the
problems. The purpose of the analysis is to ensure that the regulatory agency systematically and
comprehensively considers all available alternatives so that the public welfare can be enhanced in the most
efficient and cost-effective way. The RIR addresses many of the items in the regulatory philosophy and
principles of E.O. 12866.

Executive Order 12866 requires that the Office of Management and Budget review proposed regulatory
programs that are considered to be asignificant". A "significant regulatory actiono is one that is likely to:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another
agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights
and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order.

21 November 1995 RIR-1

A regulatory program is *economically significanto if it is likely to result in the effects described in item (1)
above.

The RIR is designed to provide information to determine whether the proposed regulation is likely to be
Neconomically significant.'

The document also contains an analysis of the impacts of the Plan relative to the Regulatory Flexibility Act
and the Paperwork Reduction Act of 1980.

1.2. Description of User Groups

'Me fistwy is described in Sections 7 and 8 of the FMP.

1.3. Problems Addressed by the FMP

The problems to be addressed are discussed in Section 4.2 of the FMP.

1.4. Management Objectives

The objectives of the FMP are:

1. Reduce fishing mortality in the black sea bass fishery to assure that overfishing does not occur.

2. Reduce fishing mortality on immature black sea bass to increase spawning stock biomass.

3. Improve the yield from the fishery.

4. Promote compatible management regulations between State and Federal jurisdictions.

5. Promote uniform and effective enforcement of regulations.

6. Minimize regulations to achieve the management objectives stated above.

1.5. Provisions of the FMP

The management measures adopted for public hearing are presented Wow.

1.5.1. MEASURES TO ATTAIN MANAGEMENT OBJECTIVES

1.5.1.1. Soecification of OY, DAN, DAP, JVP, TALFF, Overfishing Definition, and Fishing Mortality Rate
Reduction Strategy

OY is an black sea bass harvested pursuant to this FMP. OY cannot be specified as a quantity because it
will change as the fishing mortality rate target varies and is dependent on the level of recruitment.

The Council has concluded that US vessels have the capacity to, and will, harvest the OY on an annual
basis, so DAN equals OY. The Council has also concluded that US fish processors, on an annual basis, will
process that portion of the OY that will be harvested by US commercial fishing vessels, so DAP equals
21 November 1995 RIR-2

DAH and JVP equals zero. Since US fishing vessels have the capacity and intent to harvest the entire OY,
there is no portion of the OY that can be made available for foreign fishing, so TALFF also equals zero,

Overfishing for black sea bass is defined as fishing in excess of the F,. level. F,. is a biological reference
point that corresponds to the level of fishing mortality (F) that produces the maximum yield per recruit.
Based on current conditions in the fishery, F,. is 0.29.

Stock assessment 6iormation indicates that black sea bass stocks are overfished. Results of a virtual
population analysis indicate that the current fishing mortality rates (F) is 1.05.

The Council and the ASMFC Management Board approved a recovery strategy that reduces overfishing on
black sea bass over an 8 year time frame. The recovery strategy calls for minimum fish sizes and
commercial gear regulations in year 1 and 2. In years 3 to 5, target exploitation rates would be 48% for
black sea bass. In years 6 and 7, the target exploitation rates would be 37% and in year 8 and
subsequent years, the target exploitation rate would be based on F,,.. Based on current conditions in the
fishery, F,. is 0.29 and the associated exploitation rate is 23%. The recovery schedule is as follows:

Exololtation Rates

Current 60%
Year 3 48%
Year 6 37%
Year 8 23%

1.5.1.2 Specification of Adopted Management Measures

1.5.1.2.1. Permits and fees

1.5.1.2.1.1. Vessel permits and fees

1.5.1.2.1.1.1. General

Any owner of a vessel desiring to fish for black sea bass within the US EEZ for sale, or transport or deliver
for sale, any black sea bass taken within the EEZ, must obtain a moratorium permit from NMFS for that
purpose. The vessel must meet the criteria set forth in 1.5.1.2.1.1.2 in order to qualify for the moratorium
permit.

The owner of a party and charter boat (vessel for hire) must obtain a party or charter boat permit.

A party or charter boat may have both a party or charter boat permit and a commercial moratorium permit
to catch and sell if the vessel meets the commercial vessel qualification requirements set forth in
1.5.1.2.1.1.2. However, such a vessel may not fish under the commercial rules if it is carrying passengers
for a fee. When a party or charter boat is operating as a commercial vessel, the crew size must not be
more than 5 when it is operating as a party boat and not more than 3 when it is operating as a charter
boat.

1.5.1.2.1.1.2. Moratorium on entry to the commercial fthery

21 November 1995

RIR-3

commercial fishery. Vessels with documented landings of black sea bass for sale between 26 January
1988 and 26 January 1993 qualify for a moratorium permit to land and sell black sea bass under this
moratorium program. Under the moratorium, vessels and moratorium permits together may be bought and
sold with the approval of the Regional Director. Vessels that involuntarily leave the fishery (for example,
vessels that were sunk or burrit) may be replaced with vessels of the same Gross Registered Tonnage
IGRT) and overall registered length as the vessel being replaced. Commercial vessels that are judged
unseaworthy by the.-Coast Guard for reasons other than lack of maintenance may be replaced by a vessel
with the same GRT and vessel registered length. Permits may not be combined to create larger
replacement vessels. The moratorium may be terminated or replaced at any time by FMP amendment
establishing an alternative limited entry system.

A vessel is eligible for a moratorium permit if it meets any of the following criteria:

1. The owner or operator of the vessel landed and sold black sea bass in the management unit for black
sea bass between 26 January 1988 and 26 January 1993; or

2. The vessel was under construction for, or was being rerigged for, use in the directed fishery for black
sea bass on 26 January 1993 and provided the vessel has landed black sea bass for sale prior to
implementation of this Amendment. For the purpose of this paragraph, "under construction" means that
the keel has been laid, and abeing rerigged' means physical alteration of the vessel or its gear had begun
to transform the vessel into one capable of fishing commercially for black sea bass; or

3. The vessel is replacing a vessel of substantially similar harvesting capacity which involuntarily left the
black sea bass fishery during the moratorium, and both the entering and replaced vessels are owned by the
same person. 'Substantially similar harvesting capacity" means the same GRT and vessel registered length
for commercial vessels.

4. Vessels that are judged unseaworthy by the Coast Guard for reasons other than lack of maintenance
may be replaced by a vessel with the same GRT and vessel registered length for commercial vessels.

Vessel permits issued to vessels that involuntarily leave the fishery may not be combined to create larger
replacement vessels.

Applicants for moratorium permits shall provide information with the application sufficient for the Regional
Director to determine if the vessel meets the eligibility requirements. Sales receipts or dealer weighout
forms signed by the dealer and, for condition 3, a notarized statement from marine architects or surveyors
or shipyard officials will be considered acceptable. forms of proof.

1.5.1.2.1.1.3. Permit application

The owner or operator of a qualified US vessel may obtain the appropriate Federal permit by furnishing on
the form provided by NMFS information specifying, at least, the names and addresses of the vessel owner,
the name of the vessel, official Coast Guard number, directed fishery or fisheries, gear type or types
utilized to take black sea bass, gross tonnage of vessel, the permit number of any current or previous
fishery permit issued to the vessel, radio call sign, registered length of the vessel, engine horsepower, year
the vessel was built, type of construction, type of propulsion, navigational aids (e.g., Loran C), type of
echo sounder, type of computer, crew size including captain, fish hold capacity (to the nearest 100 lbs),
quantity of black sea bass legally landed during the year prior to the one for which the permit is being
applied (documented by sales records), principal State of landing, the home -port of the vessel, and number
of passengers the vessel may carry (for party and charter boats). Operators of commercial vessels must

21 November 1995

RIR-4

also supply information required to establish that the vessels qualify for a permit pursuant to the moratori-
um. The Regional Director will notify the applicant of any deficiency in the application. If the applicant fails
to correct the deficiency within 15 days following the date of notification, the application will be
considered abandoned.

Applicants for a permit under this FMP must agree, as a condition of issuance of the permit, to fish in
accordance with Federal rules whether they are fishing in the EEZ or State waters.

Permits expire: 11) when the owner or operator retires the vessel from the fishery, or (2) on 31 December
of each year, or (3) when the ownership of the vessel changes; however, the Regional Director may
authorize continuation of a vessel permit for the black sea bass fishery if the now owner so requests.
Applications for continuation of a permit must be addressed to the Regional Director.

The Federal costs of implementing an annual permit system for the sale of black sea bass shall be charged
to permit holders as authorized by section 303(b) (1) of the Magnuson Act. In establishing the annual fee,
the Regional Director will ensure that the fee does not exceed the administrative costs incurred in issuing
the permit, as required by section 304(d) of the Magnuson Act. Proper accounting for administrative costs
may include labor costs (salary and benefits of permitting officers plus prorated share of secretarial support
and supervision at both the NMFS regional and headquarters levels), computer costs for creating and
maintaining permit files (prorated capital costs, time share and expendable supplies), cost of forms and
mailers (purchase, preparation, printing and reproduction), and postage costs for application forms and
P
0
l.lrmlits!'.1.2. Dealer permits and fees

Any dealer of black sea bass must have a permit. A dealer of black sea bass is defined as a person or firm
that receives black sea bass for a commercial purpose from the owner or operator or a vessel issued a
moratorium permit pursuant to this FMP for other than transport.

An applicant must apply for a dealer permit in- writing to the Regional Director. The application must be
signed by the applicant and submitted to the Regional Director at least 30 days before the date upon which
the applicant desires to have the permit made effective. Applications must contain the name, principal
place of business, mailing address and telephone number of the applicant. The Regional Director will notify
the applicant of any deficiency in the application. If the applicant fails to correct the deficiency within 15
days following the date of notification, the application will be considered abandoned. Except as provided in
Subpart D of 15 CFR Part 904, the Regional Director will issue a permit Within 30 days of the receipt of a
completed application.

A permit is not transferable or assignable. It is valid only for the dealer to whom it is issued.

The permit must be displayed for inspection upon request by an authorized officer or any employee of
NMFS designated by the Regional Director.

21 November 1995

RIR-5

Director may, after publication of a notice in the Federal Register, charge a permit fee. Within 15 days after
the change in the information contained in an application submitted under this section, the dealer issued
the permit must report the change in writing to the Regional Director.

The Regional Director shall recognize State dealer permits in lieu of Federal dealer permits if the permits
contain the necessary information and are forwarded to the Regional Director by the appropriate State.

1.5.1.2.1.3. Operator permit and fees

An operator of a vessel with permit issued pursuant to this FMP (either a moratorium permit or a
party/charter boat permit) must have an Operator's Permit issued by NMFS. Any vessel fishing
commercially for black sea bass under a moratorium permit or recreationally with a party/charter boat
permit must have on board at least one operator who holds a permit. That operator may be held
accountable for violations of the fishing regulations and may be subject to a permit sanction. During the
permit sanction period, the individual operator may not work in any capacity aboard a federally permitted
fishing vessel.

The permit program has the following requireme nts:

1. Any operator of a vessel fishing for black sea bass must have an operator's permit issued by the NMFS
Regional Director.

2. An operator is defined as the master or other individual on board a vessel who is in charge of that vessel
(see 50 CFR 620.2).

3. The operator is required to submit an application, supplied by the Regional Director, for an operator's
Permit. The permit will be issued for a period of up to three years.

4. The applicant would provide his/her name, mailing address, telephone number, date of birth and
physical characteristics (height, weight, hair and eye color, etc.) on the application, and would be
requested to provide his/her social security number. In addition to this information, the applicant must
provide two passport-size color photos.

5. The permit is not transferable.

7. The Regional Director may, after publication in the Federal Register, charge a permit fee.

1.5.1.2.2. Black Sea Bass FMP Monitoring Committee

The Black Sea Bass Monitoring Committee will be made up of staff representatives of the Mid-Atlantic,
Now England, and South Atlantic Fishery Management Councils, the Northeast Regional Office, the
Northeast Fisheries Center, and ASMFC representatives. The MAFMC Executive Director or his designee
will chair the Committee.

21 November 1995

RIR-6

exceeded (as specified in section 1.5.1 - 1). The Committee will also review state regulatory programs for
consistency with the FMP. The Committee will also review the gear used to catch black sea bass to
determine whether additional gears need to be regulated to help assure attainment of the fishing mortality
rate target and propose such regulations as appropriate. The Council and ASMFC will receive the report of
the Committee and make its recommendations to the Regional Director. The Regional Director will receive
the report of the Council and ASMFC and publish his report in the Federal Register for public comment by
the date specified in,the regulations which provide States sufficient time to implement quotas and other
management measures. Following the review period, the Regional Director will set the final quota and other
management measure adjustments for the year.

In summary, the steps from the Monitoring Committee for action by the Regional Director are:

1. The Monitoring Committee reviews the data and makes its recommendations to the Dernersal Species
Committee and ASMFC Management Board.

2. The Dernersal Species Committee and ASMFC Management Board consider the recommendations of the
Monitoring Committee and makes their recommendations to the Council and ASMFC.

3. The Council and ASMFC consider the recommendations of the Demersal Species Committee and ASMFC
Management Board and make their recommendations to the Regional Director.

4. The Regional Director considers the recommendations of the Council and ASMFC and publishes
proposed measures in the Federal Register.

1.5.1.2.3. Commercial management measures

1.5.1.2.3.1. Commercial quota

The quota setting process is specified in 1.5.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on projected stock size
estimates for that year as derived from the latest stock assessment information. Estimates of stock size
coupled with the target fishing mortality rate would allow for a calculation of total allowable landings.
Based on the historic proportion of commercial and recreational landings, 42% (note that this percentage
will be recalculated upon completion of the revisions to the MRFSS recreational data bass) of the total
target would be allocated to the commercial fishery.

21 November 1995

RIR-7

Using data collected through this FMP (section 1.5.1.3), NMFS will monitor the fishery to determine when
a quota will be reached. It is expected that the states will assist NMFS with data collection.

The Regional Director shall close the EEZ to fishing for black sea bass by commercial vessels when the
quota has been landed.

1.5.1.2.3.2. Commercial fish size limitations

It is illegal for owners or operators of vessels issued moratorium permits to possess black sea bass less
than 9" total length (TL). It is also illegal to possess parts of black sea bass less than 9" to the point of
landing.

Beginning in year 3 of the management program, it would be illegal for owners or operators of vessels
issued moratorium permits to possess black sea bass less than 10" total length (TL). It would also be illegal
to possess parts of black sea bass less than 10" to the point of landing.

Vessels with commercial moratorium permits issued pursuant to this FMP are required to fish and land
pursuant to the provisions of this FMP unless the vessels land in states with larger minimum fish sizes than
those provided in the FMP, in which case the minimum fish size,would be required to meet the state limits.
States with minimum size larger than those in the FMP are encouraged to maintain them.

The minimum fish size may be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 1.5.1.2.2.

1.5.1.2.3.3. Maximum roller diameter

It would be illegal for owners or operators of vessels issued moratorium permits to use roller rig trawl gear
equipped with rollers greater than 18" in diameter.

1.5.1.2-3-4. Minimum escape vent requirement

Black sea bass pots and traps would be required to have a minimum escape vent of 1 1/80 x 6" or 2.5" in
diameter. Vents would be required to be placed in a lower corner of the parlor portion of the pot or trap.
Pots or traps constructed with wooden lathes would be required to have the spacing between lathes 1
1/80 or greater. The escape vent provision would be implemented at the start of the first calendar year
following FMP approval so that fishermen would not be required to pull their pots and add vents in the
middle of the season.

Beginning in year 3, vents size would be increased in conjunction with the increase in minimum fish size.
Pots and traps would be required to have a minimum escape vent of 1 1/4"x 6' or 2.75' in diameter.
Vents would be required to be placed in a lower comer of the parlor portion of the pot or trap. Pots or
traps constructed with wooden lathes would be required to have the spacing between lathes 1 1/4" or
greater.

21 November 1995

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both state and federal waters.

1.5.1.2.3.5. Degradable fasteners in traps and pots

Black sea bass pots and traps would be required to have hinges and fasteners on one panel or door made
of one of the following degradable materials:

a. untreated hemp, jute, or cotton string of 3/16" (4.8 mm) diameter or smaller;

b. magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or

c. ungalvanized or uncoated iron wire of 0.0620 0.6 mm) diameter or smaller.

1.5.1.2.3.6. Minimum mash requirement

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass, may only fish
with nets that have a minimum mesh size of 4.0" diamond (3.5" square) mesh, inside measure, applied
throughout the cod end for at least 75 continuous meshes forward of the terminus of the not, or, if the not
is not long enough for such a measurement, the terminal 1/3 of the net, measured from the terminus of the
cod end to the head rope.

Beginning in year 3 of the management program, owners or operators of otter trawl vessels possessing
100 lbs or more of black sea bass, may only fish with nets that have a minimum mesh size of 4.5"
diamond (4.0' square) mesh, inside measure, applied throughout the cod end for at least 75 continuous
meshes forward of the terminus of the net, or, if the not is not long enough for such a measurement, the
terminal 1/3 of the net, measured from the terminus of the cod end to the head rope.

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass may not have
available for immediate use any not, or any piece of net not meeting the minimum mesh size requirements,
or mesh that is rigged in a manner that is inconsistent with the minimum mesh size. A net that conforms
to one of the following specifications and that can be shown not to have been in recent use is considered
to be not "available for immediate use':

(1) A net stowed below dock, provided:

0) it is located below the main working dock from which the net is deployed and retrieved;

0i) the towing wires, including the "leg" wires, are detached from the net; and

(Iii) it is fan-folded (flaked) and bound around its circumference.

(2) A not stowed and lashed down on deck, provided:

0) it is fan-folded (flaked) and bound around its circumference;

(!I) it is securely fastened to the dock or rail of the vessel; and

(Iii) the towing wires, including the leg Wires, are detached from the net.

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(3) A net that is on a reel and is covered and secured, provided:

0) the entire surface of the net is covered with canvas or other similar material that is securely
bound;

00 the towing wires, including the log wires, are detached from the net; and

PH) the codend is removed from the net and stored below deck.

14) Nets that are secured in a manner approved by the Regional Director, provided that the Regio@al
Director has reviewed the alternative manner of securing nets and has published that alternative in the
Federal Register.

Any combination of mesh or liners that effectively decreases the mesh below the minimum size is
prohibited.

The owner or operator of a fishing vessel shall not use any device, gear, or material, including, but not
limited to, nets, net strengtheners, ropes, lines, or chaffing 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 2* 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 in diameter extending
the length of the net from the belly to the terminus of the cod end along each of the following: the top,
bottom, and each side of the net. "Top of the regulated portion of the net" means the 50% of the entire
regulated portion of the net which (in a hypothetical situation) would 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.

Since it will be difficult to detect a violation of the minimum mesh net regulation, the penalty for
individuals detected of such a violation must be sufficient to provide an adequate deterrent. Nets can be
double bagged or used as liners. Therefore, it is recommended that the penalty for the first offense be a six
month loss of mo ratorium permit and the penalty for a second offense be a one year loss of permit. After
imposition and expiration of such a penalty, if the individual fishes without penalty for three consecutive
years, the earlier offenses would be expunged from the record.

The minimum not mesh size could be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 1.5.1.2.2. Based on the recommendations of the Black Sea
Bass Monitoring Committee and Council, the Regional Director, by regulatory amendment, shall implement
regulations on gear other than otter trawls to achieve discards of black sea bass equivalent to the discards
with otter trawls given the minimum net mesh requirements. This provision is intended to address the
problem that could develop if gear currently not in significant use in the black sea bass fishery are
developed as a way of avoiding the minimum otter trawl mesh rule.

1.5.1.2.4. Recreational Fishery Measures

The recreational fishery throughout the management unit would be managed through an annual evaluation
of a framework system (section 1.5.1-2.2) of possession limits, size limits, and seasonal closures.
Beginning in year 3, recreational landings would be compared to annual target harvest levels established
through the FMP Monitoring Committee process to determine if modifications to the recreational MIN
possession limit and size limit were required for the following year or if the fishery needed to be closed for
certain periods.

Any landings in excess of the target harvest level would be subtracted from the following year's target
level. For example, if the target was exceeded by 10,000 pounds in 1997,. 10,000 pounds would be
subtracted from the target harvest level in 1998.

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In years 1 and 2 of the management program, it would be illegal for recreational fishermen to possess
whole black sea bass or parts of black sea bass less than 9" total length (TL). Beginning in year 3, it
would be illegal for recreational fishermen to possess whole black sea bass or parts of black sea bass less
than 10" total length (TL).

1.5.1.2.5. Experimental Fishery

1. have a detrimental effect on the black sea bass resource and fishery or cause any quota to be
exceeded; or

2. create significant enforcement problems.

Each vessel participating in any exempted experimental fishing activity is subject to all provisions of this
FMP except those necessarily relating to the purpose and nature of the exemption. The exemption will be
specified in a letter issued by the Regional Director to each vessel participating in the exempted activity.
This letter must be carried aboard the vessel seeking the benefit of such exemption.

All experimental activities must be consistent with the fishing mortality rate reduction schedule in the FMP.

1.5.1.2.6. Enforcement recommendations

1.5.1.2.7. Special Management Zones

other modification of habitat for the purpose of fishing) could 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 fish attraction device. The
establishment of an SMZ would be done by regulatory amendment:

1. A monitoring team (the team will be comprised of members of Council staff, NMFS Northeast
Region, and the -NMFS Northeast Fisheries Science Center) will evaluate the request in the form of
a written report 'considering the following criteria:

a. fairness and equity
b. promote conservation
c. excessive shares

2. The Council Chairman may schedule meetings of Industry Advisors and/or Scientific and Statistical
Committee (SSC) to review the report and associated documents and to advise the Council. The
Council Chairman may also schedule pubic hearings.

4. The RD will review the Council's recommendation, and if he concurs in the recommendation, will
propose regulations in accordance with the recommendations. He may also reject the
recommendation, providing written reasons for rejection.

1.5.1.2.8. Other measures

Only persons with a dealer permit may buy black sea bass at the point of first sale landed by a vessel that
has a commercial moratorium permit issued pursuant to this FMP.

Owners or operators of vessels with moratorium permits may sell black sea bass at the point of first sale
only to a dealer that has a dealer permit issued pursuant to this FMP.

Owners or operators of vessels with moratorium permits may not land black sea bass during a period when
the Regional Director has determined that the commercial quota has been landed.

All black sea bass on vessels fishing with a mesh smaller than the legal minimum size must have any black
sea bass on board boxed in a manner that will facilitate enforcement personnel knowing whether the vessel
has 100 lbs or more of black sea bass on board to meet the minimum mesh size criterion. Any unboxed
black sea bass on board a vessel fishing with a not smaller than the legal minimum is considered a violation
of this FMP. A standard 100 pound tote has a liquid capacity of 18.2 gallons (70 liters), or a volume of not
more than 4,320 cubic inches (2.5 cubic feet).

The Regional Director may place sea samplers aboard vessels if he determines a voluntary sea sampling
system is not giving a representative sample from the black sea bass fishery.

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No vessel may use a net capable of catching black sea bass in which the bars entering or exiting the knots
twist around each other.

1.5.1.3. Specificati6n and Sources of Pertinent Fishery Data

1.5.1.3.1. Domestic and foreign fishermen

Section 303(a)(5) of the MFCMA requires at least information regarding the type and quantity of fishing
gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in,
time of fishing, and number of hauls must be submitted to the Secretary. In order to achieve the objectives
of this FMP and to manage the fishery for the maximum benefit of the US, it is necessary that, at a
minimum, the Secretary collect on a continuing basis and make available to the Councils: (1) black sea
bass catch, effort, and ex-vessel value and the catch and ex-vessel value of those species caught in
conjunction with black sea bass for the commercial fishery provided in a form that analysis can be
performed at the trip, water area, gear, month, year, principal (normal) landing port, landing port for trip,
and State levels of aggregation; (2) catch and effort for the recreational fishery; (3) biological (e.g., length,
weight, age, and sex) samples from both the commercial and recreational fisheries; and (4) annual and fully
comparable NMFS bottom trawl surveys for analyses of both CPUE and agelsize frequency. The Secretary
may implement necessary data collection procedures through amendments to the regulations. It is
mandatory that these data be collected for the entire management unit, including.North Carolina, on a
compatible and comparable basis.

Commercial logbooks must be submitted on a monthly basis by Federal moratorium permit holders in order
to monitor the fishery.

States are encouraged to implement equivalent fishery data collection systems for the development of a
coordinated statistics gathering effort.

It is intended that the reports required by this section are the same as the reports required by the Summer
Flounder FMP, the Northeast Multispecies FMP, and the Atlantic Sea Scallop FMP. That is, fishermen need
to submit one logbook report, not one report for each FMP.

Foreign fishermen are subject to the reporting and recordkeeping requirements in 50 CFR 611.

1.5.1.3.2. Dealers

In order to monitor the fishery and enable the Regional Director and the states to forecast when a closure
will be needed, dealers with permits issued pursuant to this FMP must submit weekly reports showing at
least the quantity of black sea bass purchased (in pounds), and the name and permit number of the vessels
from whom the black sea bass was purchased.

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1.5.1.3.3. Processors

Section 303(a)(5) of the MFCMA requires at least estimated processing capacity of, and the actual
processing capacity utilized by US fish processors must be submitted to the Secretary. The Secretary may
implement necessar@ data collection procedures through amendments to the regulations.

2. REGULATORY IMPACT ANALYSIS

The impacts of the adopted management measures are presented at continuation.

2. 1. ANALYSIS OF BENEFICIAL AND ADVERSE IMPACTS OF ADOPTED MANAGEMENT MEASURES

2.1.1. The FMP Relative to the National Standards

Section 301 (a) of the MFCMA states: "Any fishery management plan prepared, and any regulation
promulgated to implement such plan pursuant to this title shall be consistent with the following national
standards for fishery conservation and management." The following is a discussion of the standards and
how this FMP meets them:

2.1.1.1. Conservation and management measures shall prevent overfishing while achieving, on a
continuous basis, the optimum yield from each fishery I I
MSY (section 5.4) has not been specified for black sea bass. OY is all black sea bass harvested pursuant to
this FMP.

Overfishing in the Black Sea Bass FMP is defined as fishing in excess of the F,,,, level. Fn. is a biological
reference point derived from yield per recruit analysis that corresponds to the level of fishing mortality (F)
that produces the maximum yield per recruit. The Council has adopted an overfishing definition for black
sea bass based on an, estimate of F... Best available information indicates that Fn. is 0.29 for black sea
bass based on current conditions in the fishery.

Stock assessment information indicates that black sea bass stocks are overfished (NEFSC 1995). Results
of a virtual- population analysis indicate that current fishing mortality rates (F) is 1.05. Based on this
mortality estimate, exploitation rates would have to be reduced 60% to achieve an FM. of 0.29.

The Council and the ASMFC Management Board approved a recovery strategy that reduces overf ishing on
black sea bass over an 8 year time frame. The recovery strategy calls for minimum fish sizes and
commercial gear regulations in year 1 and 2. In years 3 to 5, target exploitation rates would be 48% for
black sea bass. In years 6 and 7, the target exploitation rates would be 37% and in year 8 and
subsequent years, the target exploitation rate would be based on F... Based on current conditions in the
fishery, F,. is 0.29 and the associated exploitation rate is 23%.

2.1.1.2. Conservation and management measures shall be based upon the best scientific information
available

This FMP is based on the best and most recent scientific information available. Future black sea bass

21 November 1995

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research should be devoted toward both data collection and analysis in order to evaluate the effectiveness
of this FMP. This species should be reviewed annually by the NEFSC Stock Assessment Workshop
process.

2.1.1.3. To the extent practicable, an individual stock of fish shall be managed as a unit throughout its
range, and interrelated stocks of fish shall be managed as a unit or in close coordination

2.1.1.4. Conservation and management measures shall not discriminate between residents of different
States. If it becomes necessary to allocate or assign fishing privileges among various United States
fisherman, such allocation shall be (A) fair and equitable to all such fishermen; (6) reasonably calculated to
promote conservation; and (C) carried out in such a manner that no particular individual, corporation. or
other entity acquires an excessive share of such privileges

Commercial regulations would be applied coastwide. The minimum sizes for the recreational fishery, are
also the same throughout the management unit.

2.1.1.5. Conservation and management measures shall, where practicable, promote efficiency in the
utilization of the fishery resources; except that no such measure shall have economic allocation as its sole
purpose

The management regime is intended to allow the fishery to operate at the lowest possible cost (e.g.,
fishing effort, administration, and enforcement) given the FMP's objectives. The objectives focus on the
issue of administrative and enforcement costs by encouraging compatibility between federal and state
regulations since a substantial portion of the fishery occurs in state waters. The FMP places no restrictions
on processing, or marketing and no unnecessary restrictions on the use of efficient techniques of
harvesting.

2.1.1.6. Conservation and management measures shall take Into account and allow for variations among,
and contingencies in, fisheries, fishery resources, and catches

The management regime was developed to be compatible with and reinforce the management efforts of

21 November 1995

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the states and ASMFC. The minimum size regulations were developed with the recognition that the
commercial and recreational fisheries have traditionally harvested similar sizes of black sea bass.

2.1.1.7. Conservation and management measures shall, where practicable, minimize costs and avoid
unnecessary duplication

2.2. METHODOLOGY AND FRAMEWORK FOR ANALYSIS

For the alternatives considered in the plan, an analysis of expected benefits was conducted. In an ideal
situation, as data permit, discounting can be employed to transform future benefits and costs into present
values. The net yield steam over time associated with different alternatives would be employed to
evaluate and compare impacts. The benefits or value of the change in output are interpreted as the
change in the consumers' and producers' surplus in the commercial sector. For recreational fisheries,
consumer surplus can be estimated by the travel cost, contingent valuation, etc. Unfortunately, the issues
addressed in the Amendment cannot be quantified due lack of data. The analysis employed in the
document is qualitative in nature, however, it is intended to analyze the directional effect of the course of
actions and the effects on the fishery industry. A summary of the incremental benefits and costs of all
major alternatives is presented at the end of the document.

2.3. PREFERRED ALTERNATIVES

2.3.1, Recreational Fishery

2.3.1.1. Possession limits, minimum size limits, and seasonal closures

The proposed minimum size limits would effect recreational landings of black sea bass in all states with
landings of black sea bass. In 1991, almost 100% of the sea bass were landed in states from New York
to North Carolina (Table 22). In states north of New York, landings were relatively small. In fact, during
most years from 1983-92, landings in North Carolina exceeded the landings in all the North Atlantic states
combined.

Analysis of 1990-92 intercept data for states from New York through North Carolina indicated that 14 to
38% of the measured sea bass were less than 9" TL (Table 36). On a coastwide basis, Maine to Cape
Hatteras, NC approximately 28% of the black sea bass were less than 9' TL. Assuming a post-release
mortality of 25%, the percent reduction in the number of black sea bass killed by anglers associated with a
9* TL minimum size limit would be 21 % (Table 37).

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on black sea bass caught by,hook and line in Nantucket Sound, MA. They estimated a hooking mortality
of 4.7% based on their sample size of 64 fish. However, these fish were caught in water depths of 6-12
m. Rogers at al. 0 986) found severe trauma in black sea bass caught by hook and line in relatively deep
water (37 m) due to oral protrusions of the swim bladder. Of the 169 black sea bass collected by angling,
45 or 27% had protrusions of the swim bladder. Based on these studies and hooking mortality studies
conducted for other fish, the ASMFC technical committee assumed a 25% hooking mortality for black sea
bass caught by recreational fishermen.

Beginning in year 3, the same minimum size of 10' TL would apply to the recreational fishery throughout
the management unit. Based on 1990-92 intercept data, 45.9% of the sea bass landed during these years
were less than this size (Table 36). However, increased survival of smaller fish due to minimum size
regulations and reduced discards in years I and 2 of the management program should allow larger fish to
become more available to recreational fishermen in year 3. As a result, the short term effect of the 10" TL
minimum size to the fishermen in these states would be less than the 45.9% reduction associated with
1990-92 landings.

Based on the fishing mortality reduction schedule adopted by the Council and Commission, exploitation
would have to be reduced 20% in year 3 to achieve the target F. IVIRFSS data for 1990-92 indicate that
catch frequencies for black sea bass ranged from I to 150 fish per day on a coastwide basis (Table 38).
Based on these data, the reductions in exploitation associated with various possession limits for 1 to 50
black sea bass per trip were calculated (Table 39). The coastwide possession limit associated with a 20%
reduction in exploitation is 16 fish. The possession limit would increase when combined with size limits
and/or seasons.

It is expected that the implementation of minimum size limits will allow recreational fishermen to have
larger fish available to them over the stock recovery period. This will likely mitigate the initial effects of the
size limits. The two year period before a possession limit is implemented will provide sufficient time for
initial recovery without closing the fishery or affecting the economy or social structure of the participants
in a detrimental manner.

In the long term, the implementation of the minimum size limits considered in this plan could enhance the
recreational fishing opportunities through the management unit. Furthermore, implementation of a regional
minimum size limit will likely enhance compliance by participants.

2.3.1.2. Evaluation of framework provisions

Based on a recommendation by the Council and the ASMFC Policy Board, the Regional Director and the
States in their respective jurisdictions could modify the possession limit to between 0 and 50 black sea
bass per angler, the size limit from 90 TL to 12' TL, and open or close the fishing season for the entire
year. Recreational limits would be revised according to specific criteria to account for changes in stock
abundance and meet the time frame of the fishing mortality reduction strategy.

Short term impacts due to restrictive limits would be outweighed by the long term benefit of conserving
the black sea bass stock for future generations of recreational anglers. The possession limit could be as
high as 50 black sea bass, the size limit decreased to 9" TL, and the season open throughout the year.
However, decreases in restrictions would only occur under circumstances of increased black sea bass
abundance. Since the prevailing rate of fishing success would reflect increased stock abundance, the
number of anglers catching their limit would be high for overly restrictive limits. Decreasing recreational
restrictions by raising the possession limit, decreasing the size limit, or increasing the length of the fishing

21 November 1995

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season would therefore decrease the number of affected anglers and have less adverse impact than the
limit in force at the time.

If stock levels are allowed to continue to decline or the amount of effort by recreational anglers increases
(more trips or more people) disproportionately to increases in stock size, landing rates for anglers would
decline regardless of specific limits. Adverse impacts would therefore be measured against the prevailing
rate of fishing success and would not be as great as when black sea bass are abundant or angler effort is
less. Although it isnot possible to estimate exact impacts for hypothetical levels of black sea bass
abundance, it is clear that more restrictive limits than those proposed initially would have substantially less
impact than a total fishery closure precipitated by stock collapse.

A zero possession limit or a season closed for the entire year would prohibit retention of black sea bass by
recreational fishermen and would have significant impacts, depending on the level of fishing success
currently operative and the value anglers place on retention of catch. A 12* TL minimum size, the most
restrictive minimum size limit proposed for this framework measure, would have had an associated percent
reduction in exploitation of nearly 58% based on 1990-1992 coastwide MRFSS data (Table 37). These
severe restrictions would only be implemented in the event that the stock continues to decline and stock
collapse becomes imminent.

Beginning in year 3 of the management program, recreational harvest limits would be calculated on an
annual basis to reflect the current status of the stock and the most recent information on recruitment. Year
end total recreational landings would be compared to the harvest limit to ensure that the landings target
was not exceeded.

2.3.2. Commercial Fishery

2-3.2.1. Minimum fish size

Historic commercial length frequencies were used as an estimate of potential short-term impacts of length
limits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NMFS Weighout Data and North Carolina DIVIF from 1982 to 1992 were used to
determine potential size limit effects. In general, size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

Based on NMFS weighout data, approximately 11 % of the measured black sea bass were less than 90 TL
for all otter trawl vessels with sampled landings (Table 43). This gear is associated with most of the
commercial landings coastwide; otter trawl vessels accounted for over 56% of the coastwide landings
based on 1983-1992 General Canvass data (Table 10).

A 9* TL minimum size regulation would have a slightly greater effect on landings from fish pots/traps, the
other predominant gear in the black sea bass fishery (this gear accounted for 33% of the landings from
1983-92). Based on NMFS weighout data, almost 26% of the measured fish were less than 9' TL for the
4,592 black sea bass obtained from this gear from 1983 to 1991 combined (Table 43).

Size limit effects varied annually in North Carolina landings from the winter trawl fishery (Table 44). From
1983 to 1992, the amount of measured fish less than 90 TL ranged from 17.1 % to 38.9%. North
Carolina accounted for 11 % of the coastwide commercial landings on average from 1983-1992.

Assuming that undersized fish are not caught and discarded, minimum size regulations have positive

21 Novm*er 1995

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impacts on the stock. In general, because minimum sizes increase the size at full recruitment, yields are
increased as fishermen catch larger, heavier fish. In addition, minimum size regulations can increase the
resilience of the stock to overfishing, i.e., the biological reference points (F,,,.) can increase. Finally,
minimum size regulations can increase spawning stock biomass by allowing more fish to spawn. Sexual
maturity data for black sea bass indicate that 50% of the black sea bass are mature by a size of 7.7" TL.

2.3.2.2. Minimum mash size

Owners or operators of otter trawl vessels possessing 100 lbs or more of black sea bass would only be
allowed to fish with nets that have a minimum mesh size of 4.0" diamond (3.5" square) in the codend.
The L26 (the length at which 25% of the black sea bass are retained) is 9.3 inches for this mesh size (Table
45).

Landings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9* TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

Black sea bass are a component of the mixed trawl fishery in Southern New England and the Mid-Atlantic.
Although Sea Sampling data indicate that fishermen may differentiate between species on a per tow basis
(i.e., target a single species on a tow), fishermen land many different species on a per trip basis. Based on
1992 NMFS weighout data, black sea bass are most frequently landed with LoAgo squid, silver hake, scup,
and flounder. In fact, for trips landing a 100 or more pounds of black sea bass per trip, more Lofigo squid
were landed than black sea bass in 1992 (Table 29).

The 100 pound threshold would effect 62% of the vessels and 34% of the trips that landed black sea bass
in 1992 (Table 47) These trips accounted for 95% of the black sea bass landed by otter trawl vessel in
1992.

Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermen would then have to use the 4.0" mesh if they decided to
target more black sea bass. Once the threshold was reached fishermen would have to properly stow other
cod ends for the remainder of the trip.

Landings of black sea bass by fishermen targeting Loligo squid and scup on the same trip could be effected
by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels and 29% of the trips
landing 2500 pounds or more of Lofigo squid, landed over 95% of LoAgo landed by all LoAgo otter trawl
fishermen (Tables 48 and 49). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 50). However, the total pounds accounted for
approximately 41 % of all black "a bass landed by otter trawl fishermen in 1992.

Similarly, 52% of the vessels and 28% of the trips landing 1000 pounds or more of scup, landed over
95% of scup landed by scup otter trawl fishermen (Tables 51 and 52). Based on this 1000 pound

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threshold, black sea bass comprise slightly more than 1.1 % of the total fish landed on these trips (Table
53). Because scup and LoAgo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed Loligo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
(squid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the.black sea bass regulations. A 6" minimum mesh size is
required for most of the New England groundfish species. The minimum mesh size for summer flounder is
5.5" with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would require
that fishermen use a 4.5w tail bag to reduce catch of sublegal fish, i.e. those less than 9" TL.

Major changes of net benefits from the implementation of this measure can not be quantified given existing
information. Increases in operating costs are expected to be minimal from the implementation of this
measure. Potential positive effects include decreases in economic waste from harvesting sub-legal black
sea bass and increases in yields over time.

2.3.2.3. Maximum roller diameter

It would be illegal for owners or operators of vessels issued moratorium permits to use roller rig trawl gear
equipped with rollers greater than 18" in diameter. A 180 diameter corresponds to the maximum roller
diameter limitation imposed by the state of Massachusetts to regulate this gear in state waters.

Roller diameter is correlated with vessel size and the ability of vessels to fish rough, hard bottom areas.
Larger roller sizes require larger engine sizes to pull the net. An engine size with an associated horsepower
of 800-900 hp is required to tow a net with 1 Sw to 24a rollers whereas 100 to 1 2a rollers can be pulled by
a boat using a 175-200 hp engine (D. Simpson pers. comm.).

Information is lacking as to the relationship between roller diameter and the size of obstruction that it can
clear. In general, 10-120 diameter rollers can be used for fishing over rough bottom that can include
ledges and cliffs. Limitations on roller size will make some areas of the ocean inaccessible to trawls by
preventing fishermen from trawling in the harder, rough bottom areas. As a result, black sea bass
associated with these areas would be protected from harvest allowing more fish to grow to maturity and
spawn increasing stock biomass and yields.

2.3.2A. Minimum escape vent requirement

Black sea bass pots are required to have a minimum escape vent of 1 1/80 x 60 or 2.50 in diameter. The
escape vent provision would be implemented at the start of the first calendar year following FMP approval
21 Nownber 1995 RIR-2 0

so that fishermen would not be required to pull their pots and add vents in the middle of the season.

During the development of this plan, Council staff proposed that black sea bass pots or traps have escape
vents that would allow for the release of undersized fish. Although there were a number of studies that
indicated that escape vents release fish from pots and traps, there were a lack of specific studies on black
sea bass. MAFMC staff initiated a project in 1994 to determine the size selectivity of traps fitted with
vents of various sizes. The objective of the study was to determine the vent size which allowed 50%
escapement of black sea bass below the proposed minimum size limits of 9" and 10" TL.

In the study, the catch and size distribution of black sea bass taken in commercial sea bass pots fitted with
escape vents was compared to catches from unvented traps. Four strings of 25 traps (100 traps) were
fished from May through October, 1994 on commercial fishing grounds in areas offshore from Cape May,
NJ to Ocean City, MD. A total of 9 trips were made to haul the traps.

A total of 100 traps were assigned a vent size of 1 1/8' x 6", 1 1/4' x 6", 1 3/8" x 6', 1 1/2* x 6", or no
vent (control). The traps with the various vent sizes were randomly placed in groups of five on the four
strings. The vents were made from aluminum and were patterned after the vents used in lobster traps.
Vents were placed vertically in the door of the trap such that they would allow fish to escape from the
lower corner of the parlor portion of the trap. The lower corner location was used as the result of aquarium
studies that indicated sea bass almost always tried to escape from a lower corner after they were placed in
a trap (G. Shepherd pers. comm.).

A total of 5574 black sea bass were measured from the 100 traps from April through October. Black sea
bass ranged in size from 16.5-36.5 cm. The control traps caught the largest number of sea bass (n = 1534)
followed in descending order by traps with the experimental vents: 1 1/8* (n = 1164), 1 1/4" (n 644) 1
3/8" (n,=397) and 1 1/20 (n=305).

Results indicate that vents do release undersized black sea bass. Length frequency histograms for black
sea bass from each vent size compared to the control are presented in Figures 12 - 15. Based on these
length frequencies, the 1.60 derived for traps fitted with the 1 1 /80 and 1 1 /4" vents was 8.7" TL and
10. 1 ' TL, respectively (Table 54). Based on these results, a 1 1 /8" x 6" vent will be required for traps
during the first two years of the management program when the size limit will be 90 TL and 1 1/4' x 6'
when the size limit is 100 TL.

21 November 1995

RIR-2 1

trauma due to changes in pressure and a significant portion may not survive (Rogers st al. 1986).
Although many pot fishermen use sorters on deck to release nonmarketable fish, the escape of these fish
from the traps before they are hauled will significantly increase survival.

2.3.2.5. Degradable fasteners in traps

Black sea bass pots would be required to have hinges and fasteners of one panel or door made of
degradable materials. These materials would allow the door or panel of a trap to fall away from an
unattended trap. This would prevent lost traps from "ghost fishing", i.e., continuing to catch and retain
fish that could not be removed from the trap. Thus black sea bass and other species of fish and
invertebrates typically caught by these traps could escape preventing waste and lost yields in a number of
fisheries.

Increases in costs from the implementation of this management strategy are expected to be minimal.
Positive benefits would be derived from the prevention of 'ghost fishing."

2.3.2.6. Commercial quota

Beginning in year 3 a quota would be allocated to the commercial fishery to control fishing mortality. The
quota would be based on stock assessment information on projected stock size estimates for that year. - I
Estimates of stock size coupled with the target fishing mortality rate would allow for a calculation of total
allowable landings. Based on the historic proportions of commercial and recreational landings for 1983 to
1992, 42% of the total target would be allocated to the commercial fishery. Note that this percentage
would change to reflect the revisions to the IVIRFSS data set that will be available in 1995.

The gear restrictions and minimum fish size regulations will reduce discard and escape mortality of
undersized black sea bass. However, decreases in mortality would occur only with the smaller fish;
reductions in mortality would not occur for black sea bass once they reached the legal size of 10" TL.
Essentially the fish that contribute the most to the spawning population, fish 1 Ow TL and larger, would
continue to experience high mortality rates; overfishing would not be reduced. The commercial quota will
control mortality on fully recruited, older fish.

Combined, these management measures, the minimum size regulation and the commercial quota, will
prevent overfishing and reduce waste. As the stock rebuilds, commercial quotas would increase.

2.3.2.7. Moratorium on commercial vessels

The MFCMA allows the Council to limit entry into a fishery if the Council considers the factors set forth in
section 303(b)(6) of the Act: "establish a system for limiting access to thefishery in order to achieve

21 Nownber 1995

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optimum yield if, in developing such system, the Council and the Secretary take into account (A) present
participation in the fishery, (B) historical fishing practices in, and dependence on, the fishery, (C) the
economics of the fishery, (D) the capability of fishing vessels used in the fishery to engage in other
fisheries, (E) the cultural and social framework relevant to the fishery, and (F) any other relevant consider-
ations;"

Present participation in the black sea bass commercial fishery is estimated to range between 545 and 565
vessels.

In addition to black sea bass, these vessels land Lofigo squid, Atlantic mackerel, silver hake, summer
flounder, scup, and other species. Most of the marketable species caught in the mixed trawl and pot
fisheries are depleted, if not technically overfished. A moratorium exists for vessels in the summer flounder
fishery. The Mid-Atlantic Council has already determined that black sea bass are overfished, and has
adopted a control date for limited entry. The New England Council has approved moratoria for the
Northeast Multispecies FMP and the Scallop FMP.

The initial impacts of this provi sion are purely administrative. Vessel owners or operators will be asked to
provide evidence that they harvested black sea bass between 26 January 1988 and 26 January 1993.

No license is intended or necessary for those individuals who do not sell the fish that they catch.

Fishermen will also be impacted by the provision controlling vessel replacement. This is intended as a
means to reduce the number of vessels in the fishery slightly by attrition.

A final impact is the reduction in flexibility which fishermen with genuinely lost vessels will hive in
replacing them. The current specification of the preferred alternative requires that replacement vessels not
have a larger tonnage or registered length than the original. On balance, this limitation is considered
necessary to inhibit a large scale increase in the fishing power of the fleet through such replacements.

The MFCMA (Section 303(b)(6)) provides that a fishery management plan may establish a system for
limiting access to a managed fishery in order to achieve Optimum Yield if, in developing such a system, the
Council and the Secretary take into account six factors. A discussion of those factors and their application
to the proposed limited entry program for the black sea bass fishery follows:

21 November 1995

RIR-23

A. Present participation in the fishery.

B. Historical fishing practices in, and dependence on, the fishery.

C. The economics of the fishery.

Black sea bass are economically important species in the mixed trawl fishery, the predominant species
landed by black sea bass pot fishermen, and an important bycatch for some lobster fishermen. The
provisions of this Amendment, in order to solve the overfishing problem, will impose restrictions on the
industry. Urniting entry is the only tool available under the MFCMA to allow vessel owners and operators
to recover, at least in part, losses incurred during the rebuilding program. If entry remains open, profits will
likely be dissipated among new entrants following recovery, and over-capitalization in this segment of the
fishery industry could result. The implementation of this alternative will allow historical participants in the
fishery to continue in this activity and maintain adequate productivity and profitability levels.

D. The capability of fishing vessels used in the fishery to engage in other fisheries.

Black sea bass vessels traditionally harvest other species. However, a number of species in the mixed trawl
and pot fisheries have also been determined to be overfished. The Mid-Atlantic Council has determined that
summer flounder and -scup are overfished and is preparing an amendment to the Bluefish FMP to eliminate
the overfished nature of that resource. The ASMFC has adopted an Amendment to their Weakfish FMP to
eliminate an overfished situation. The Mid-Atlantic Council has prepared an Amendment to the Atlantic
'Mackerel, Squid, and Butterfish FMP to limit entry into the squid and butterfish fisheries.

E. The cultural and social framework relevant to the fishery.

The management program is designed to rebuild the stocks. However, the vessels currently in the fishery
Will have to sacrifice income opportunity as a part of the rebuilding program. While the net benefits to
society from the management program are not in question, the benefits to individual operators who make
the sacrifice could quickly be lost or eroded among new entrants. The length of the period of sacrifice is

21 November 1995

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unknown. It would be unfair to dissipate the investment of these operators among a flood of opportunistic
new entrants when it begins to appear that the stock is rebuilding. The proposed program of limited entry
allows traditional operators to recoup at least a portion of their sacrifice. Such a program will promote
resource stability and industry efficiency which is in the best interests of the fishing community and the
nation.

2.4. ALTERNATIVE TO THE AMENDMENT

2.4. 1. Take no action at this time

2.4. 1. 1. Description

No action would mean that the black sea bass fishery would not be managed under the Magnuson Act.
The resource would continue to be overfished.

2.4.1.2. Evaluation

The wNo Action" alternative would not solve the problems identified in section 4 of the FMP. Further
improvements and development of the US fishery would not be attained. The overall result from this action
would likely be that net benefits would be affected in a negative manner.

2.4.2. Seasonal closures In the commercial fishery for years 3 and beyond

2.4.2. 1. Description

This alternative would achieve the fishing mortality rate reduction target in years three and beyond through
a seasonal closure in conjunction with a minimum fish size and gear regulations.

Gear-specific seasonal closures would be implemented to control fishing mortality in the commercial black
sea bass fishery (Table 61). During a seasonal closure all gear capable of catching black sea bass be
removed from the water during the closed period. In addition, vessels would be required to carry and
operate on electronic vessel tracking device that met NMFS specifications.

2.4.2.2. Evaluation

The committee decided that seasonal closures for black sea bass fishermen be applied on a coastwide
basis. Calculations restricted the smallest unit of closure to one week. In addition, seasonal closures were
derived assuming that fishermen would recoup 0% and 15% of their landings during the open season. The
15 % level applied to all mobile gears, including hook and line. Because of the fixed nature of the pots and
traps, only a 0% (no recoupment) level was used for these gears.

21 November 1995

RIR-25

would be open for 8 % months (February through November 14) or approximately 288 days. The amount
of discretionary time during this open period would be 43 days 0 5% x 288 days). Since 66% of the
landings occurred during the open period, the LPD during the open period would be 66 divided by the days
fished or 245 (288-43). This LPD multiplied times the discretionary time (43 days) would result in a
recoupment of 12%. As a result, the realized reduction in landings for the closed period February through
May would be 22% (34% - 12%).

2. All gear capable of catching black sea bass be removed from the water during the closed period.
Without such a provision, fishermen would continue to fish for other species during the closed period,
catching and discarding black sea bass in the process. For trawl fisheries, the technical committee
recommended that mesh sizes of 5.5w diamond mesh or larger could continue to operate and exemptions
be required for squid and fly net fisheries.

3. Landings patterns do not vary much from one year to the next, i.e., anticipated landings in year three of
the management program are similar to the landings observed for 1988-1992.

2.4.3. Bimonthly commercial quota

2.4.3. 1. Description

The quota setting process is specified in 1.5.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on projected stock size
estimates derived from stock assessment information for that year. Estimates of stock size coupled with
the target fishing mortality rate would allow for a calculation of total allowable landings. Based on the
historic proportions of commercial and recreational landings, 42% of the total target would be allocated to
the commercial fishery (Note that this percentage will be modified to reflect the changes to the MRFSS
data by the NMFS).

21 November 1995

RIR-26

the vessel does not have a commercial moratorium permit, the fish may not be sold and the recreational
rules on size, possession, and season apply.

Using data collected through this FMP (section 1.5.1.3), NMFS will monitor the fishery to determine when
a bimonthly quota will be reached. It is expected that the states will assist NMFS with data collqction.

The Regional Director shall close the EEZ to fishing for black sea bass by commercial vessels when the
bimonthly allocation has been landed.

The Regional Director may establish a system of trip limits to ensure an equitable distribution of the quota
over the bimonthly period.

Annual quotas would be allocated on a bimonthly basis based on commercial landings for the period 1988-
1992 (Table 62).

2.4.3.2. Evaluation

A bimonthly quota system could allow for an equitable allocation of the commercial quota to northern and
southern participants as well as between the smaller day boats and larger offshore vessels. Due to the
seasonal nature of the black sea bass fishery, the quota would have to be divided into bimonthly units. To
minimize effects on traditional landings patterns, the allocation to each period would be based on past
landings instead of a system that divided the quota equally over the six periods. Based on 1998-1992
data, 20.79% would be allocated to period 3 (May-June) and only 8.46% to period 4 lJuly-August) (Table
62). The bimonthly allocations would range from 219,960 lbs to 687,440 lbs based on a annual quota of
2.6 million lbs (Table 62). Based on state data for those years, fisherman would be able to maintain
traditional landings patterns in most states (Tables 63 and 64).

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RIR-27

the period. Landings in excess of the allocation for the period would be subtracted from the following
years's quota for the same period. Trip limits would have to be implemented. Bimonthly allocations
without trip limits would encourage derby-style fishing practices that would allow the quota to be landed
by larger, more mobile vessels at the beginning of each period. As a result, supplies of black sea bass
would be discontinuous and smaller boats would be disadvantaged.

Trip limits would be established and modified throughout the two-month period to allow for a continuous
supply of product and equitable distribution of black sea bass to fishermen using both small and large
vessels. For example, almost all of the landings in period 1 are attributable to fishermen using otter trawl
vessels. A 5,000 pound trip limit could be established for the beginning of period 1. The limit would
decrease to 2,500 lbs when 50% of the allocation was reached, 1000 lbs when 75% of the quota was
taken, and 500 lbs when 90% of the landings were reached.

2.4.4. State by state quotas

2.4.4.1. Description

This alternative would allocate the commercial quota on a state by state basis. States would have the
responsibility for closures in their state and the Regional Director would be required to prohibit landings by
Federally permitted vessels in any state that had reached its quota. States would be allowed to trade or
combine quotas and the states could impose trip limits or other measures to manage their quotas. The
system would be the same as that operating under the Summer Flounder FMP.

2.4.4.2. Evaluation

The quota setting process is specified in 1.5.1.2.2. Beginning in year 3, a quota would be allocated to the
commercial fishery to control fishing mortality. The quota would be based on stock assessment
information on projected stock size estimates for that year. Estimates of stock size coupled with the target
fishing mortality rate would allow for a calculation of total allowable landings. Based on the historic
proportions of commercial and recreational landings, 42% of the total target would be allocated to the
commercial fishery (Note that this percentage will be modified to reflect the changes to the MRFSS data by
the NMFS). To assess potential impacts of the quota, landings data were used from 1988-1992 to derive
average landings for those years (3.275 million lbs). Based on these data, a 20% reduction in exploitation
,would equate to a commercial quota of 2.6 million lbs (80% x 3.275).

21 Nowmber 1995

RIR-28

who have traditionally landed summer flounder in their state. In addition, some states have had problems
coordinating their regulations with neighboring states to prevent large scale landings by fishermen in states
with the most favorable trip limits. A similar situation could occur if a state-by-state system was imple-
mented for black sea bass.

2.4.6. Individual transferrable quotas

2.4.5.1. Description

An individual transferrable quota (ITO) program would assign annual quotas to individual vessels.
Oualifications to participate could be the same as participation under the vessel moratorium. Initial alloca-
tions could be made based on sales receipts for the most recent five years, but no vessel could be
allocated more than some maximum percentage. Fishermen would be prohibited from fishing for or landing
black sea bass after their annual allocations had been taken.

2.4.5.2. Evaluation

ITQs are a relatively new management technique where a total quota is divided into small parts and
allocated to individual participants. Individual quotas or shares could be bought, sold or leased so that
harvesters have flexibility in planning their fishing activities. Potential advantages of ITOs include
increased profits, greater economic stability, improved product quality, improved safety, reduced gear
conflicts and losses, elimination of derby-type fisheries, bycatch reduction, an improved investment
climate, reduction of market gluts, and reduction in post-harvest waste (Anderson 1986). Potential
disadvantages of ITOs include increased high-grading, under-reporting of catch, enforcement costs and
problems, creation of a *rich mans club", changes in the makeup of the fishing fleet, and potential
inequities of the initial allocation of quota shares due to lack of information (Anderson 1986).

An initial problem is associated with the initial allocation process. A great deal of time would be required
to obtain and validate sales records to determine initial allocations. NMFS weighout data indicate a
minimum of 460 vessels could be eligible for allocations. Since not all vessels are captured in the
weighout data base, the number could be considerably larger. It might be preferable to initiate
management of the black sea bass resource without ITOs to protect the resource and introduce an ITO
system subsequently.

2.4.6. Seasonal dependent minimum sizes in the commercial fishery: a io"nminimum size from October
I -April 30 and a 9" TL minimum size for the rest of the year

2.4.6.1. Description

This alternative would require that commercial fishermen not land for sale any black sea bass smaller than
the 9' TL minimum size limit from May through September 30 and a io, nminimum size limit from
October 1 through April 30. Gear regulations for otter trawl fishermen and pot/trap fishermen would
'A correspond to the 10' TL minimum size as Identified in the preferred alternative, i.e., a 4.50 minimum
mesh size and 1 1/40 x 60 or 2.750 vents. A maximum of a 6% tolerance by weight of undersized black
sea bass would be allowed on commercial vessels. Black sea bass less than the minimum size limit could

'A
21 November 1995

RIR-29

not be sold. This alternative would be used in conjunction with other alternatives such as the quota or
closed seasons beginning in year 3 of the management program.

The minimum fish size may be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 1.5.1.2.2.
2.4.6.2. Evaluation -- I
This alternative recognizes the seasonal nature of the commercial black sea bass fisheries. Based on 1983
to 1992 monthly data, most black sea bass are harvested from state waters from May through June and
from EEZ waters from January through June (Table 15).

Historic commercial length frequencies were used as an estimate of potential short-term impacts of length
limits on the commercial black sea bass fisheries (Tables 41 to 44). Specifically, commercial length
frequencies from the NMFS Weighout Data and North Carolina DMF from 1982 to 1991 were used to
determine potential size limit effects. In general, size frequency data indicated that potential size limit
effects increased from north to south, were gear dependent, and varied from one year to the next.

Based on NMFS weighout data, approximately 11 % of the measured black sea bass were less than 9" TL
for all otter trawl vessel with sampled landings (Table 43). A 90 TL minimum size regulation would have a
slightly greater effect on landings from fish potsttraps, the other predominant gear in the black sea bass
fishery. Based on NMFS weighout data, almost 26% of the measured fish were less than 9" TL for the
sea bass obtained from this gear from 1983 to 1991 combined.

A 10" n minimum size limit would have a significantly greater effect on both otter trawl landings and
landings from fish pots/traps. Based on 1983 to 1992 NMFS weighout data, 30% and 59% of the fish
measured from landings from otter trawls and pots/traps were less than 10" TL, respectively. In addition,
almost 57% of the black sea bass measured from the North Carolina winter trawl fishery in 1991-1992
were less than 10" TL (Table 44).

Thus, it is probable that a 10" TL minimum size in the commercial fishery could significantly reduce
landings in the short term. In, addition because gear regulations would apply to a 10" minimum size for
the entire year, a significant amount of 9" TL black sea bass would escape from otter trawls and pots/traps
reducing landings of 9w TL fish from May to November when 9" TL fish could be landed. A large reduction
in landings could have large negative economic consequences to fishermen, processors, and the consuming
public.

2.4.7. A threshold requirement to qualify for a moratorium permit

2A.7.1. Description

This alternative would require that a vessel have documented landings of black sea bass equal to, or in
excess of, some minimum threshold amount in order to qualify for a moratorium permit to land and sell
black sea bass under the moratorium program. The qualification period, 26 January 1988 to 26 January
1993, would remain identical to that proposed in the preferred alternative. However, this alternative
differs from the preferred alternative in that the preferred alternative would require that any amount of

21 November 1995

RIR-3 0

black sea bass (i.e., greater than 0 pounds) be documented for sale between those dates to qualify for the
permit.

2.4.7.2. Evaluation

The number of vessels landing a threshold amount of black sea bass on an annual basis was derived using
1992 NMFS weighout data (Table 28). These date indicate that the number of vessels landing black sea
bass decrease as the threshold amount increases.

An appropriate threshold amount would be determined such that those fishermen whose livelihoods are
dependent on black sea bass receive moratorium permits.

2.4.8. Separate management measures for party/charter boat fishermen

2.4.8. 1. Description

2.4.8.2. Evaluation

2.4.9. A 9" TL minimum fish size and a 3.5" minimum square mesh size in the otter travA fishery when the
vessel has 100 pounds or more of black sea bass on board

2.4.9. 1. Description

This alternative would allow fishermen to use only nets that have a minimum mesh size of 3.5" square
mesh when they had 100 pounds or more of black sea bass on board. The use of diamond mesh in the
directed otter trawl fishery for black sea bass would be prohibited. In addition to the minimum mesh
provisions, this alternative would require that fishermen not land for sale any black sea bass smaller than
the 9" TL minimum size limit. A maximum of a 5% tolerance by weight of undersized black sea bass
would be allowed on commercial vessels. Black sea bass less than 9" TL could not be sold. This alterna-
tive would be used in conjunction with other alternatives such as the quota or closed seasons.

This alternative would require that owners or operators of otter trawl vessels possessing 100 lbs; or more
of black sea bass, fish only with nets that have a minimum mesh size of 4.0" square, inside measure,
applied throughout the cod end for at least 75 continuous meshes forward of the terminus of the net, or, if
the not is not long enough for such a measurement, the terminal 1/3 of the net, measured from the
terminus of the cod end to the head rope. Mesh would be allowed to be larger than the minimum size, but
it could be no smaller than the minimum size. If the fish are landed in a state that has a more stringent net
mesh regulation, the state regulation would prevail. States with minimum mesh regulations larger than
those established by this alternative would be encouraged to maintain them.

21 November 1995

% RIR-3 1

the minimum mesh size requirements, or mesh that is rigged in a manner that is inconsistent with the
minimum mesh size. A net that conformed to one of the following specifications and that could be shown
not to have been in recent use is considered to be not 'available for immediate use":

(1) A net stowed below deck, provided:

P) it is located below the main working deck from which the net is deployed and retrieved;

00 the towing wires, including the Neg" wires, are detached from the net; and

PH) it is fan-folded (flaked) and bound around its circumference.

(2) A net stowed and lashed down on deck, provided:

01 it is fan-folded (flaked) and bound around its circumference;

W it is securely fastened to the deck or rail of the vessel; and

PH) the towing wires, including the leg wires, are detached from the net.

(3) A net that is on a reel and is covered and secured, provided:

P) the entire surface of the net is covered with canvas or other similar material that is securely
bound;

Iii) the towing wires, including the leg wires, are detached from the net; and

PH) the codend is removed from the net and stored below deck.

Any combination of mesh or liners that effectively.decreases the mesh below the minimum size would be
prohibited.

This alternative would prohibit the owner or operator of a fishing vessel from using any device, gear, or
material, including, but not limited to, nets, net strengtheners, ropes, lines, or chaffing 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 2* 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 in diameter extending the length of the net from the belly to the terminus of the cod end along
each of the following: the top, bottom, and each side of the net. "Top of the regulated portion of the net"
means the 50% of the entire regulated portion of the net which (in a hypothetical situation) would 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.

The minimum not mesh size could be changed annually, if appropriate, following the Black Sea Bass FMP
Monitoring Committee process set forth in 1 .5.1.2.2. Based on the recommendations of the Black Sea
Bass Monitoring Committee and Council, the Regional Director, by regulatory amendment, shall implement
regulations on gear other than otter trawls to achieve discards of black sea bass equivalent to the discards
with otter trawls given the minimum net mesh requirements. This provision is intended to address the
problem that could develop if gears currently not in significant use in the black sea bass fishery are

21 Nownber 1995

RIR-32

developed as a way. of avoiding the minimum otter trawl mesh rule.

2.4.9.2. Evaluation

if implemented, owners or operators of otter trawl vessels Possessing 100 lbs or more of black sea bass
would only be allowed to fish with nets that have a minimum mesh size of 3.5" square in the codend.
Based on selectivity studies conducted for other round fish, the selectivity of a 3.5' square mesh should
be equivalent to thafof a 4.0" diamond mesh. The L26 (the length at which 25% of the black sea bass are
retained) is 9.3 inches for this mesh size based on body measurements (Table 45).

Landings of black sea bass represent only a portion of the fishing mortality experienced by the stock.
Undersized black sea bass, those less than 9" TL, experience both discard mortality and deaths due to
encounters with commercial gear. The amount of fish dying due to these causes can be high with the
current mesh sizes now used in the fishery.

Black see bass are a component of the mixed trawl fishery in Southern New England and the Mid-Atlantic.
Although Sea Sampling data indicate that fishermen may differentiate between species on a per tow basis
(i.e., target a single species on a tow), fishermen land many different species on a per trip basis. Based on
1992 NMFS weighout data, black sea bass are most frequently landed with Lofigo squid, silver hake, scup,
and flounder. In fact, for trips landing a 100 or more pounds of black sea bass per trip, more Loligo squid
were landed than black sea bass In 1992 (Table 29).

The 100 pound threshold would effect 62% of the vessels and 34% of the trips that landed black sea bass
in 1992. These trips accounted for 95% of the black sea bass landed by otter trawl vessel in 1992.

Regulations that allow multiple nets onboard would allow fishermen who traditionally targeted multi-
species on a trip, to fish for and retain other species with small mesh until the 100 pound threshold of
black sea bass was reached. These fishermen would then have to use the 3.50 square mesh if they
decided to target more black sea bass. Once the threshold was reached fishermen would have to properly
IN stow other cod ends for the remainder of the trip.

Landings of black sea bass by fishermen targeting Loligo squid and scup on the same trip could be effected
by these regulations. Based on 1992 NMFS weighout data, 45% of the vessels and 29% of the trips
landing 2500 pounds or more of LoAgo squid, landed over 95% of LoAgo landed by all LoAgo otter trawl
fishermen (Tables 48 and 49). Based on this 2500 pound threshold, black sea bass comprise slightly less
than 0.7% of the total fish landed on these trips (Table 50). However, the total pounds accounted for
approximately 41 % of all black sea bass landed by otter trawl fishermen in 1992.

Similarly, 52 % of the vessels and 28 % of the trips landing 1000 pounds or more of scup, landed over
95 % of scup landed by scup otter trawl fishermen (Tables 51 and 52). Based on this 1000 pound

21 November 1995

RIR-33

threshold, black 'sea bass comprise slightly more than 1 . 1 % of the total fish landed on these trips (Table
53). Because scup and Loligo squid are frequently landed on the same trip, the total pounds accounted for
approximately the same amount of black sea bass landed by directed Loligo squid trips.

In general, these regulations would modify some traditional fishing practices. The fishermen most effected
by these regulations would be those fishermen who targeted other species on a trip with small mesh net
(squid, scup, or whiting) and had coincidental catches of black sea bass. If a fishermen had 100 lbs of
black sea bass on board, and desired to continue fishing with a small mesh net, he would be required to
discard any sea bass caught in tows directed to other species. Alternatively, if he desired to continue to
fish for black sea bass, he would have to stow his other cod ends for the remainder of the trip perhaps
losing an opportunity to catch and land valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the black sea bass regulations. A 6" minimum mesh size is
required for most of the New England groundfish species. The minimum mesh size for summer flounder is
5.5" with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would require
that fishermen use a 4.50 tail bag to reduce catch of sublegal fish, i.e. those less than 90 TL.

2.5. SUMMARY AND EXPECTED NET IMPACT OF PROPOSED ACTION

The purpose of this summary is to briefly describe the expected economic impact of the preferred actions.
A summary of impacts of all alternatives presented in this amendment are documented in Table RIR-1.
The analysis utilized to evaluate the economic impact of the various proposed alternatives is qualitative in
nature. However, it provides the basis for making well reasoned management decisions.

Alternative number one deals with possession limits, minimum size limits and seasonal closures in the
recreational fishery. All states with recreational landings of black sea bass would be subjected to similar
minimum size limits. In years 1 and 2, a 9" minimum fish size in the recreational fishery would be
implemented. In year 3 and beyond, a 10" minimum fish size in the commercial fishery would be
implemented. Given the interest that anglers placed on black sea bass (section 8.2 of the FMP), it is
expected that the proposed initial size limit would have little negative impact on overall fishing participation
by anglers. Increased survival of smaller fish due to minimum size regulations and reduced discards in
years 1 and 2 of the management program should allow larger fish to become more available to
recreational fishermen in year 3. Possession limits and or seasonal closures may be adjusted annually
through framework action, in year 3 and beyond. It is expected that the implementation of minimum size
limits will allow recreational fishermen to have larger fish available to them over the stock recovery period.
This will likely mitigate the initial effects of the size limits. The two year period before a possession limit is
implemented will provide sufficient time for initial recovery without closing the fishery or affecting the
economy or social structure of the participants in a detrimental manner. In the long term, the
implementation of the minimum size limits considered in this plan could enhance the recreational fishing
opportunities through the management unit. Furthermore, implementation of a coastwide minimum size
Omit will likely enhance compliance by participants.

The second alternative deals with establishing a framework for possession limits, minimum size limits and
seasonal closures in the recreational fishery. With the implementation of this alternative, possession size

21 Novwnber 1995

RIR-34

limits will be evaluated in the future to reflect stock status and recruitment information. This is expected to
enhance the long term viability of the fishery.

Alternative number three deals with the implementation of a minimum size limit in the commercial fishery.
It is expected that this action will have a positive impact on the stock if sub-legal fish are not caught and
discarded. It is expected that this alternative will increase net benefits from the reduction in biological and
economic waste from harvesting undersized black sea bass.

The minimum mesh size alternative would reduce harvest of undersized black sea bass. Positive effects
from this option include an increase in yield over time.

The alternative dealing with the 18" maximum roller diameter is expected to protect black sea bass in
some areas therefore allowing more fish to grow to maturity and spawn increasing stock biomass and
yields.

The minimum escape vent requirement would allow for some undersize fish to escape alive increasing the
amount of mature fish in the stock and increasing yields. A study conducted by the MAFMC staff
indicates that vents do release undersized black sea bass (2.3.2.4).

Alternative number seven deals with the requirement to have hinges and fasteners of one panel or door of
black sea bass pots made of degradable materials. The increase in costs from the implementation of this
alternative are expected to be minimal. Positive benefits from the prevention of "ghost fishing" are
expected from this alternative.

The implementation of a commercial quota along with the implementation of other regulations addressed in
the black sea bass FIVIP may increase benefits due to reduction in overfishing and stock collapse
prevention.

The last alternative deals with a moratorium on commercial vessels. This alternative is expected to reduce
problems of over-capitalization and dissipation of profits.

21 November 1995

RIR-35

Table RIR-1. Summary of All Alternatives

Preferred Alternatives Economic Effects

Recreational possession limits, minimum size Potential increase.in net benefits from stock re-
limits, and seasonal closures covery and an increase in the availability of larger
fish through the region

Expected to provide positive net benefits over the
Evaluation of framework provisions long term. Evaluation will require information on
stock conditions available in years 2, 3, and be-
yond

Commercial minimum fish size Positive net benefits expected from a reduction in
biological and economic waste derived from har-
vesting undersized black sea bass

Minimum mesh size Positive net benefits expected from a reduction in
biological and economic waste resulting from har-
vesting undersized black sea bass

Maximum roller diameter Potential increase in net benefits from allowing
more animals to grow to maturity and spawn,
increasing stock biomass and yields

Minimum escape vent requirement Potential increase in net benefits from allowing
more animals to grow to maturity and spawn,
increasing stock biomass and yields

Degradable fasteners in traps Positive net benefits from the prevention of
"ghost fishing"

Commercial quota Positive net benefits from a reduction in biological
and economic waste, allowing for prevention of
overfishing and stock rebuilding

Moratorium on commercial vessels Positive net benefits from reduction of potential
over-capitalization and dissipation of profits.
-a-
'ra@
ar

21 November 1995

RIR-36

Table RIR-1 (continued). Summary of All Alternatives

Non-Preferred Alternatives Economic effects

Take no action at this time Further improvements and development of thee UUSS
fishery would not be attained; net benefits would
be negatively affected

Potential decrease in net benefits since fishermen
Seasonal closures in the commercial fishery for may increase effort or efficiency during open
years 3 and beyond season; also the removal of gear capable of har-
vesting black sea bass from the water would have
major impact on the catch of other economically
important species

Bimonthly commercial quota Potential benefits by allowing seasonal allocation
of quotas

State by state quotas Potential benefits by allowing states flexibility to
allocate quotas

Individual transferrable quotas Initial problems associated with the initial alloca-
tion process

Seasonal dependent minimum sizes in the Potential decrease in net benefits because of the
commercial fishery: a 10" TL minimum size from short term negative impacts on commercial fisher-
October 1 -April 30 and a 9' TL minimum size for men
the rest of the year

A threshold requirement to qualify for a Potential implications would vary according to
moratorium permit different threshold levels. The higher the thresh-
old level, the lower the number of vessel that
I would qualify for permit under this alternative
Having separate management measures (harvest
Separate management measures for party/charter limit, minimum size limit, possession limit, and
boat fishermen season) for party/charter boat fishermen versus
other recreational fishermen would potentially
create confusion in the industry

A 9" TL minimum fish size and a 3.5" minimum Potential increase in net benefits if discards are
square mesh size in the otter trawl fishery when not reduced with minimum fish size regulation
the vessel has 100 pounds or more of black sea alone
bass on board

21 November 1995

RIR-37

MAJOR RULE DETERMINATION

The analysis described above, even thought qualitative in nature, shows that if the described management
measures were to be enacted, they would not constitute a 'major rule" under the criteria described in E.O.
12866 [p.RIR-1 1. Furthermore, these actions would not have a significant economic impact on a
..substantial number of small entities.

3. Other E.O. 12866 Requirements

The FMP should not have an annual effect of $100 million or more. Based on unpublished NMFS General
Canvas data the 1993 total exvessel value for black sea bass commercial landings was estimated at $3.2
million. The value of commercial landings in 1992 indicated a 10% decrease from the 1991 level and a
13% decrease from the 1983-1992 mean.

The Sport Fishing Institute estimated that in 1985, direct sales related to marine recreational fishing for all
species from North Carolina to Maine amounted to over $1.8 billion. Unfortunately, estimates of the
economic activity specifically associated with black sea bass were not provided separately but were
combined with other species. In the North and Mid-Atlantic regions, black sea bass impacts were not
specifically enumerated due to the greater relative popularity and abundance of other species. Intercept
surveys conducted by the NMFS indicate that in 1992 1.85% of the anglers interviewed indicated that
they preferred or sought black sea bass as the primary species targeted in the Mid-Atlantic region. The
FMP is intended to allow the black sea bass resource to rebuild in order to enhance recreational fishing
opportunities through the management unit.

The FMP is not expected to lead to an increase in costs or prices to consumers. In recent years, the
exvessel price per pound of black sea bass caught commercially has shown a slight upward trend,
indicating that supply and/or demand factors may be shifting. For the period between 1983 to 1992, the
highest price for all size categories of black sea bass occurred in 1989, at $1.32. NMFS weighout data for
1992 indicate an average exvessel price of $1.05 per pound coastwide, ranging from $0.42 per pound for
pins to $2.76 per pound for jumbos. Continual increase in the demand of fish and shellfish in general (due
to health awareness) could be the cause for increased exvessel revenue. However, the effects of this
factor on exvessel price can not be addressed quantitatively at this time. Potential reduction in landings
and value attributed to this plan in its early years will not significantly increase overall exvessel black sea
bass price. Future increases in black sea bass supply due to reduction in mortality, higher harvest weight,
and stock stability, should maintain the consumer black sea bass price level, holding everything else
constant.

The implementation of this plan is not expected to create additional administrative, enforcement or
information costs.

The FMP should not have significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of US-based enterprises to compete with foreign-based
enterprises in domestic or export markets.

4. Impacts of the Plan relative to the Regulatory Flexibility Act

4.1. Regulatory Flexibility Analysis

4.1.1. Introduction

The purpose of the Regulatory Flexibility Act (RFA) is to minimize the adverse impacts from burdensome
regulations and record keeping requirements on small businesses, small organizations, and small
government entities. The impacts of the proposed action on the fishing industry and the economy as a
whole were discussed in sections 2.3, 2.4 and 2.5 above. The following discussion of impacts centers
specifically on the effects of the proposed action on small businesses.

21 November 199S

RIR-38

4.1.2. Determination of significant economic impact on a substantial number of small entities

According to guidelines on regulatory analysis of fishery management actions, a "substantial number" of
small entries is more than 20 percent of those small entries engaged in the fishery (NMFS 1994). The
Small Business Administration (SBA) defines a small business in the commercial fishing activity as a firm
with receipts of up to $2.0 million annually. The number of vessels fishing for black sea bass could range
from 545 to 565 vessels (section 8.1.1.2 of the FMP). Based on unpublished NMFS weighout data, 340
otter trawl vessels landed scup in 1992 (Table 28). About 60% of the otter trawl vessels which reported
landing any black sea bass (212 out of 340) accounted for 95% of the total otter trawl catch. In 1985, a
total of 454 party and 1,626 charter boats operated out of Atlantic coast ports from Maine through North
Carolina (Table 31). The majority of the vessels in the blacksea bass fishery may readily qualify as small
entities according to the SBA criteria. Given that he proposed action will affect many of these vessels, the
asubstantial number' criteria will be met.

At the present time there is no annual permit requirement for recreational fishing vessels taking black sea
bass within US waters. The National Marine Fisheries Service estimated that in 1991, a total of
23,416,000 trips were taken by marine recreational anglers in the Mid-Atlantic and North Atlantic regions
(USDC 1992). Intercept surveys show that 1.85% of the anglers interviewed indicated that they preferred
or sought black sea bass as the primary species targeted in the Mid-Atlantic region. A survey of the
charter/party boat industry conducted by the Council in 1990 (section 8.2.4 of the FMP) indicated that
boat owners ranked black sea bass as one of the least desirable species.

Economic impacts on small business entities are considered to be asignificant" if the proposed action
would result in any of the following: a) a reduction in annual gross revenues by more than 5 percent; b) an
increase in total costs of production by more than 5 percent as a result of an increase in compliance costs;
c) an increase in compliance costs as a percent of sales for small entities at least 10 percent higher than
compliance costs as a percent of sales for large entities: d) capital costs of compliance represent a
significant portion of capital available to small entities, considering internal cash flow and external financing
capabilities; or, a) as a 'rule of thumb," 2 percent of small businesses entities being forced to cease
business operations (NMFS 1994).

4.1.2.1. Possession limits, minimum size limits, and seasonal closures

The group of individuals that could be most likely affected by the possession and minimum size limits are
fishermen that are interested in obtaining very large catches per fishing trip. However, a survey of the
party and charter boat (section 8.2.4 of the FMP) indicates that charter and party boat owners reported
black sea bass as one of the least desirable species for their customers.

It is expected that the implementation of minimum size limits will allow recreational fishermen to have
larger fish available to them over the stock recovery period. This will likely mitigate the initial effects of
the size limits. The two year period before a possession limit is implemented will provide sufficient time for
initial recovery without closing the fishery or affecting the economy or social structure of the participants
in a detrimental manner.

4.1.2.2. Evaluation of framework provisions

The framework provision is intended to allow for changes in recreational limits, size limits and season
closures to account for changes in stock abundance and meet the time frame of the fishing mortality
reduction strategy. This action will not have immediate effects an the fishery. The potential effects of
measures implemented through the framework provision will be analyzed when they are proposed.

4.1.2.3. Commercial minimum fish size

According to NMFS weighout data (excluding North Carolina), in 1992, the 9xvessel value of landed black
sea bass measuring less than 9" TL was approximately 551 thousand dollars (Table 27). Assuming this is
the initial decrease in annual revenues for all participants in the fishery, and that it is evenly distributed

21 November 1995

RIR-39

over all participants in the fishery, each business unit would lose between $975 and $ 1,011 during the
first year. This represents a small percentage of the total gross revenue for these vessels. This decrease
in annual revenues are considered foregone earnings in one time period which may be realized later when
the fish have grown to a larger size.

4.1.2.4. Minimum mesh size

The intent of this aft irnative is to implement a minimum mesh size . In general, these regulations would
modify some traditional fishing practices. The fishermen most effected by these regulations would be those
fishermen who targeted other species on a trip with small mesh net (squid, scup, or whiting) and had
coincidental catches of black sea bass. If a fishermen had 100 lbs of black sea bass on board, and desired
to continue fishing with a small mesh net, he would be required to discard any sea bass caught in tows
directed to other species. Alternatively, if he desired to continue to fish for black sea bass, he would have
to stow his other cod ends for the remainder of the trip perhaps losing an opportunity to catch and land
valuable bycatch (i.e., summer flounder, squid, etc.).

However, these mesh provisions should have minimal effect on bycatch species. Most of the species
caught with black sea bass are regulated, or have proposed regulations that require mesh sizes and/or
minimum fish sizes that equal or exceed the black sea bass regulations. A 6" minimum mesh size is
required for most of the New England groundfish species. The minimum mesh size for summer flounder is
5.5' with a minimum fish size of 13" TL. The proposed minimum size for black sea bass would require
that fishermen use a 4.5' tail bag to reduce catch of sublegal fish, i.e. those less than 9" TL.

4.1.2.5. Maximum roller diameter

This action is likely to affect compliance cost for those vessels which currently use rollers with a diameter
greater than 18". However, most commercial fishermen are now using rollers, use gear with roller sizes
less than 18" diameter.

The cost of otter trawls vary considerable depending on numerous features that can be built into the trawl
and the quality of material used. Generally, a 80-90 ft trawl net will cost about $5,00046,000 with 20 to
33 percent of the cost being the roller (D. Simpson pers. comm.). It is possible that the cost of compliance
for some of the vessels that currently employ rollers with a diameter greater than 18", and have to
purchase rollers with a diameter no greater than 18m could potentially reach 5% of the total cost of
production.

4.1.2.6. Minimum escape vent requirement

The intent of this option is to allow undersize black sea bass to escape from the trap before they are
brought to the surface. This will allow for undersize fish to escape alive increasing the amount of mature
fish in the stock and increasing yields. The cost of placing escape vents in black sea bass traps is
expected to be minimal.

4.1.2.7. Degradable fasteners in traps

The cost of hinges and fasteners made of degradable material is likely to be lower than the galvanized or
stainless hinges and fasteners commonly employed in the fishery (R. Sisson pers. comm.). Furthermore,
this alternative would prevent lost traps from ughost fishing."

4.1.2.8. Commercial quote

This option could potentially be implemented in year 3 to control fishing mortality. The quota would be
allocated to the commercial fishery base on stock assessment information on projected stocks for that
year. This action will not have immediate effects on the fishery. The potential effects of measures
implemented through this action will be analyzed when they are proposed. Commercial quotas, along with
minimum size regulation will prevent overfishing and reduce waste. As the stock rebuilds, commercial

21 November 1995

RIR-40

quotas would increase.

4.1.2.9. Moratorium on commercial vessels

The intent of this provision is simply to cap entry into the fishery, so that any future gains in productivity
and profitability which may occur will not be dissipated by future entrants. In this way, the individuals
who make sacrifices -today Will be able to share in the benefits of future stock recovery, rather than others
who experienced none of the hardship. Moratorium permits will curtail the entry into the industry of
vessels that have not historically participated in the fishery. This will likely lead moratorium permits to
accrue a substantial value. The factors set forth in section 303(b)(6) of the Magnuson Act (section
9.2.2.3.7 of the FMP) will be considered in implementing the moratorium.

4.1.3. Explanation of why is the action being considered

Refer to the section on Problems for Resolution of the amendment document.

4.1.4. Objectives and legal basis for the rule

Refer to the section on Management Objectives of the amendment document. The Magnuson Fishery
Conservation and Management Act of 1976 provides the legal basis for the rule.

4.1.5. Demographic analysis

Refer to the Black Sea Bass Fishery Management Plan.

4.1.6. Cost analysis

Refer to the section on Regulatory Impact Analysis and Summary and Expected Net Impact of proposed
Action in the RIR.

4.1.7. Competitive effects analysis

The industry is primarily formed by small businesses (harvesters and processors). There are no large
businesses involved in the industry, therefore, there are no disproportional small versus large business
effects. There are no disproportional cost of compliance among the affected small entities.

4.1.8. Identification of overlapping regulations

The proposed action does not create regulations that conflict with any State regulations or other federal
laws.

4.1.9. Conclusions

The preceding Regulatory Flexibility Analysis indicate that most of the proposed regulations in this
amendment do not result in significant economic impacts on small entries. However, the criterion of
=significant economic impact" may be met because of the potential increase in operating costs to vessels
employing rollers with a diameter greater than 18' under the minimum roller diameter option.

5. Paperwork Reduction Act of 1980

The Paperwork Reduction Act concerns the collection of information. The intent of the Act is to minimize
the Federal paperwork burden for individuals, small business, State and local governments, and other
persons as well as to maximize the usefulness of information collected by the Federal government.

It is assumed that most individuals that will potentially apply for black sea bass operator permits already
hold operator permits for summer flounder, multispecies and scallops. It is also expected than since most

21 November 1995

RIR-41

of the vessel operators already submit logbooks reports under the Northeast Multispecies, Scallop, and
Summer Flounder FMPs, the implementation of this plan would not affect the reporting process to any
significant extent.

6. Impacts of the Plan relative to Federalism

The Amendment does not contain policies with federalism implications sufficient to warrant preparation of
a federalism assessment under Executive Order 12612.

21 Novembor 1995

RIR-42

APPENDIX 4. DRAFT PROPOSED REGULATIONS
1648.1 Purpose and scope. Subpart A - General Provisions
*648.2 Definitions.
�648.3 Relation to other laws.
�648.4 Vessel permits.
1648.5 Dealer permit.
�648.6 Operator permits.
1648.7 Recordkeeping and reporting requirements.
1648.8 Vessel identification.
�648.9 Prohibitions.
�648.10 Facilitation of enforcement.
1648.11 Penalties.

Subpart 8 - Management Measures
1648.20 Catch quotas and other restrictions.
�648.21 Closure.
1648.22 Time restrictions.
�648.23 Minimum size.
�648.24 Gear restrictions.
�648.25 Possession limit.
1648.26 Sea sampler program.
1648.27 Experimental fishery.
1648.28 Experimental fishery.
�648.29 Special management zones.

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

Subpart A - General Provisions

1648.1 Purpose and scope.

The regulations in this part implement the Fishery Management Plan for the Black Sea Bass Fishery
(FMP), which was prepared and adopted by the Mid-Atlantic Fishery Management Council in cooperation
with the Atlantic States Marine Fisheries Commission and the New England and South Atlantic Fishery
Management Councils. These regulations govern the conservation and management of black sea bass.

�648.2 Definitions. In addition to the definitions in the Magnuson Act and in 1620.2 of this
chapter, the terms used in this part have the following meanings:

Being rerigged means physical alteration of the vessel or its gear had begun to transform the vessel
into one capable of fishing commercially for black sea bass.

Black sea bass means the species Centropristis striate.

Black Sea Bass Monitoring Commfttee 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, the Southeast Fisheries Science Center, and
Commission representatives. The Council Executive Director or his designee chairs the Committee.

Charter or party boat means any vessel which carries passengers for hire to engage in fishing.

Commission means the Atlantic States Marine Fisheries Commission.

Council means the Mid-Atlantic Fishery Management Council.

A 21 November logs DPR - 1

Dealer means any person who receives black sea bass for a commercial purpose from the owner or
operator of a vessel issued a moratorium permit under �648.4 other than solely for transport on land.

Rshery Management Plan (FMP) means the Fishery Management Plan for the Black Sea Bass
Fishery and any amendments thereto.

Fishing comMercially means retaining black sea bass in excess of the possession limit specified in
�648.25.

Rshing trip means a period of time during which fishing is conducted, beginning when the vessel
leaves port and ending when the vessel returns to port.

Regional Director means the Director, Northeast Region, NMFS, I Blackburn Drive, Gloucester, MA
01930, telephone 508-281-9254, or a designee.

Reporting week means a period of time beginning at 0001 hours local time on Sunday and ending
at 2400 hours local time the following Saturday.

Substantially similar harvesting capacity means the same or less Gross Registered Tonnage (GRT)
and vessel registered length.

Total length (Tt) means the distance from the tip of the snout to the tip of the tail (caudal fin)
while the fish is lying on its side normally extended.

Under construction means that the keel has been laid.

Vessel registered length means that registered length specified on U.S. Coast Guard documentation
or State registration if the State registered length is verified by a NMFS authorized official.

�648.3 Relation to other laws.

(a) The relation of this part to other laws is set forth in 1620.3 of this chapter and paragraph W of
this section.

(b) Additional regulations governing fishing for black sea bass by foreign vessels in the EEZ are set
forth in 50 CFR Part 611, Subparts A and C.

�648.4 Vessel permits.

(a) General

(1) Requirement. Subject to the eligibility requirements specified in paragraphs (b) and (c) of this
section, the owner of a vessel of the United states, including a party or charter vessel, must obtain a
permit issued under this part to fish for or retain black sea bass in the EEZ.

(2) Exemption. Any vessel other than a party or charter boat that observes the possession limit in
�648.25 is exempt from the permit requirement.
(3) Condition. Vesie-1 owners who apply for a fishing vessel permit under this section must agree as
a condition of the permit that the vessel's fishing, 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) will be subject to all requirements of this part. All such fishing, catch and gear
will remain subject to all applicable state requirements. If a requirement of this part and a management
measure required by state law differ, any vessel owner permitted to fish in the EEZ must comply with the
more restrictive requirement. Owners and operators of vessels fishing under the terms of a moratorium
permit issued pursuant to paragraph (b) of this section must also agree, as a condition of the permit, not to

21 November iggs DPR - 2

land black sea bass in any state that the Regional Director has determined no longer has commercial quota
available.

(b) Moratorium permit.

(1) A vessel is eligible to receive a permit to fish for and retain black sea bass in excess of the
possession limit in t648.25 in the EEZ if it meets the conditions for paragraphs (e) and If) of this section
and any of the following criteria:
or (I) The vessel landed and sold black sea bass between January 26, 1988, and January 26, 1993;

Oil 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 the
effective date of these regulations; or

(iii) The vessel is replacing a vessel of substantially similar harvesting capacity which involuntarily
left the black sea bass fishery during the moratorium, and both the entering and replaced vessels are
owned by the same person. Vessel permits issued to vessels that involuntarily leave the fishery may not be
combined to create larger replacement vessels.

Ov) Vessels that are judged unseaworthy by the Coast Guard for reasons other than lack of
maintenance may be replaced by a vessel of substantially similar harvesting capacity.

(2) Restriction. No one may apply for the permit specified in paragraph (b)(1) of this section more
than 12 months after the effective date of these regulations, or the events specified under paragraph
WO) of this section. This section does not affect annual permit renewals.

(c) Party and charter boat permit. Any party or charter boat is eligible for a permit to fish, other
than a moratorium permit, if it is carrying passengers for hire, and is then subject to the possession limits
specified in 1648.25.

(d) Permit application.

(1) An application for a permit under this section must be submitted and signed by the owner of
the vessel on an appropriate form obtained from the Regional Director at least 30 days prior to the date on
which the applicant desires to have the permit made effective. The Regional Director will notify -the
applicant of any deficiency in the application pursuant to paragraphs (d)(2), (a) and (f)(2) of this section.
Applicants for moratorium permits shall provide information with the application sufficient for the Regional
Director to determine if the vessel meets the eligibility requirements. Dealer weighout forms and notarized
statements from marine architects or surveyors or shipyard officials will be considered acceptable forms of
proof.

(2) Information requirements. In addition to applicable information required to be provided by
paragraph (d)(1) of this section, an application for either a moratorium permit or a party and charter boat
permit must contain at least the following information, and any other information required by the Regional
Director: vessel name; owner name, mailing address, and telephone number; U.S. Coast Guard
documentation number and a copy of the vessel's U.S. Coast Guard documentation or, if undocumented,
the vessel's state registration number and a copy of the state registration; home port and principal port of
landing; length; gross tonnage; net tonnage; engine horsepower; year the vessel was built; type of
construction and type of propulsion; approximate fish hold capacity; type of fishing gear used by the
'A vessel; number of crew; permit category;if owner is a corporation, a copy of the Certificate of
Incorporation, and the names and addresses of all shareholders owning 25 percent or more of the
corporation's shares; if the owner is a partnership, a copy of the Partnership Agreement and the names
and addresses of all partners; if there is more than one owner, names of all owners having owned more
than a 25-percent interest, the name and signature of the owner or the owner's authorized respresentative;

A 21 November 1995 DPR - 3

permit number of any current or, if expired, previous Federal fishery permit issued to the vessel; and a
copy of charter/party boat license and number of passengers the vessel is licensed to carry (charter and
party boats).

(3) Change in permit information. Any change in the information specified in paragraph (d)(2) of
this section must be submitted by the applicant in writing to the Regional Director within 15 days of the
change.
I I
(e) Fees. The Regional Director may charge a fee to recover administrative expenses of issuing a
permit required under paragraphs W and (c) of this section. The amount of the fee is calculated in
accordance with the procedures of the NOAA Finance Handbook for determining administrative costs, of
each special product or service. The fee may not exceed such costs and is specified with each application
form. The appropriate fee must accompany each application; if it does not, the application will be consid-
ered incomplete for purposes of paragraph M of this section.

M Issuance.

(1) The Regional director will issue a permit under this section at any time during the fishing year to
an applicant if:

(i) The application is complete as described in paragraph (d)(2) of this section; and

(ii) The applicant has complied with all applicable reporting requirements of 9648.6 during the 12
months immediately preceding the application.

(2) Upon receipt of an incomplete application, or an application from a person who has not
complied with all applicable reporting requirements of �648.6 during the 12 months immediately preceding
the application, the Regional Director will notify the applicant of the deficiency. If the applicant fails to
correct the deficiency within 30 days of the Regional Director's notification, the application will be
considered abandoned.

(g) 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 (b)(1) 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 decision on the appeal by the Regional Director is the final decision of the Department of
Commerce.

(h) Expiration. Except as provided in paragraph (b)(1)(iii) of this siection, a permit expires:

(1) When the owner retires the vessel from the fishery;

(2) Upon the renewal date specified on the permit; or

(3) When the ownership of the vessel changes; however, the Regional Director may authorize the
continuation of a moratorium permit for the black sea bass fishery if the new owner requests. Applications
for continuation of a permit must be addressed to the Regional Director.

21 November 1995 DPR - 4

(1) Duration. A permit is valid until it is revoked, suspended, or modified under 15 CFR Part 904, or
until it otherwise expires or ownership changes or the applicant has failed to report any change in the
information on the permit application to the Regional Director as specified in paragraph (d)(3) of this
section.

0) Alteration. Any permit which has been altered, erased, mutilated is invalid.

(k) Replacement. Replacement permits for an otherwise valid permit may be issued by the Regional
Director when requested in writing by the owner, stating the need for replacement, the name of the vessel,
and the fishing permit number assigned. An application for a replacement permit will not be considered a
new application. An appropriate fee may be charged for issuance of the replacement permit.

(1) Transfer. Permits issued under this part are not transferable or assignable. A permit will be valid
only for the fishing vessel and owner for which it is issued.

W Display. The permit must be displayed for inspection upon request by any authorized official or
any employee of NMFS designated by the Regional Director.

(n) Suspension and revocation. The Administrator may suspend, revoke, or modify any permit
issued or sought under this section. Subpart D of 15 CFR Part 904 (Civil Procedures) governs the
imposition of enforcement-related sanctions against a permit issued under this part.

�648.5 Dealer permit.

(a) General. Any dealer must have a valid permit issued under this section in their possession.

(b) Permit application.

(1) An applicant must apply for a dealer permit on a form provided by the Regional Director. The
application must be signed by the applicant and submitted to the Regional Director at least 30 days before
the date upon which the applicant desires to have the permit made effective. Applications must contain
the name, principal place of business, mailing address and telephone number of the applicant. The Regional
Director will notify the applicant of any deficiency in the application pursuant to paragraph (b)(3)(ii) of this
section.

(2) Change in permit information. Any change in the information specified in paragraph (b)(1) of
this section must be submitted by the applicant in writing to the Regional Director within 15 days of the
change.

Missuance.

(i) The Regional Director will issue a permit at any time during the fishing year to an applicant if:

(A) The application is complete; and

(B) The applicant has complied with all applicable reporting requirements of this section and
1648.6(a) during the 12 months immediately preceding the application.

(ii) Upon receipt of an incomplete application, or an application from a person who has not
complied with all applicable reporting requirements of paragraph (b)(1) this section and 1648.6(a) during
the 12 months immediately preceding the application, the Regional Director will notify the applicant of the
deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Director's
notification, the application will be considered abandoned.

(4) Expiration. The permit must be renewed annually and unless renewed annually will expire upon
the renewal date specified in the permit.

21 November iggs DPR - 5

(5) Duration. Any permit issued under this section remains valid until it is revoked, suspended or
modified under 15 CFR part 904, or otherwise expires, or ownership changes, or the applicant has failed to
report any change in the information on the permit application to the Regional Director.

(6) Alteration. Any permit which is altered, erased, or mutilated is invalid.

(7) Replacement. The Regional Director may issue replacement permits for lost permits. Any
application for a repiacement permit shall not be considered a new permit.

(8) Transfer. A permit is not transferable or assignable. It is valid only for the person to whom it is
issued.

(9) Display. The permit must be displayed for inspection upon request by an authorized officer or
any employee of NMFS designated by the Regional Director.

0 0) Suspension and revocation. The Administrator may suspend, revoke, or modify, any permit
issued or sought under this section. Procedures governing permit enforcement-related sanctions or denials
are found at Subpart D of 15 CFR Part 904.

(11) Fees. The Regional Director may charge a fee to recover administrative expenses of issuing a
permit required under paragraph (b) of this section. The amount of the fee is calculated in accordance with
the procedures of the NOAA Finance Handbook for determining administrative costs of each special
product or service. The fee may not exceed such costs and is specified with each application form. The
appropriate fee must accompany each application; if it does not, the application will be considered
incomplete for purposes of paragraph (b)(3) of this section.

�648.6 Operator permits.

(a) General. Any operator of a vessel holding a valid Federal black sea bass permit under this part,
or any operator of a vessel fishing for black sea bass in the EEZ or in possession of black sea bass in or
harvested from the EEZ, must carry on board a valid operator's permit issued under this part.

(b) Operator application. Applicants for a permit under this section must submit a completed
permit application on an appropriate form obtained from the Regional Director. The application must be
signed by the applicant and submitted to the Regional Director at least 30 days prior to the date on which
the applicant desires to have the permit made effective. The Regional Director will notify the applicant of
any deficiency in the application pursuant to this section.

(c) Condition. Vessel operators who apply for an operator's permit under this section must agree
as a condition of this permit that the operator and vessel's fishing, catch, and pertinent gear (without
regard to whether such fishing occurs int he 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 while fishing
in the EEZ or on board a vessel permitted under �648.4. The vessel and all such fishing, catch, and gear
will remain subject to all applicable state or local requirements. Further, such operators must agree as a
condition of this permit that if the permit is suspended or revoked pursuant to 15 CFR part 904, the
operator cannot be on board any fishing vessel issued a Federal Fisheries Permit or any vessel subject to
Federal fishing regulations while the vessel is at sea or engaged in offloading. If a requirement of this part
and a management measure required by state or local law differ, any operator issued a permit under this
part must comply with the more restrictive requirement.

(d) Information requirements. An applicant must provided at least all the following information and
any other information required by the Regional Director: Name, mailing address, and telephone number;
date of birth; hair color; eye color; height; weight; social security number (optional) and signature of the
applicant. The applicant must also provide two color passport-size photographs.

(e) Fees. The Regional Director may charge a fee to recover the administrative expense of issuing

21 November 1995 DPR - 6

a permit required under this section. The amount of the fee is calculated in accordance with the
procedures of the NOAA Finance Handbook for determining the administrative costs of each special
product or service. The fee may not exceed such costs and is specified on each application form. The
appropriate fee must accompany each application; if it does not, the application will be considered
incomplete for purposes of paragraph (f) of the section.

(f) Issuance. Except as provided in subpart D of 15 CFR part 904, the Regional Director shall issue
an operator's permit within 30 days of receipt of a completed application if the criteria specified herein are
met. Upon receipt of an incomplete or improperly executed application, the Regional Director will notify
the applicant of the deficiency in the application. If the applicant fails to correct the deficiency within 30
days following the date of notification, the application will be considered abandoned.

(g) Expiration. Federal operator permits must be renewed annually, and unless renewed will expire
upon the renewal date specified in the permit.

(h) Duration. A permit is valid until it is revoked, suspended or modified under 15 CFR part 904,
or otherwise expires, or the applicant has failed to report a change in the information on the permit
application to the Regional Director as specified in paragraph (k) of this section.

(i) Replacement. Replacement permits, for otherwise valid permits, may be issued by the Regional
Director when requested in writing by the applicant, stating the need for replacement and the Federal
operator permit number assigned. An applicant for a replacement permit must also provide two color
passport-size photos of the applicant. An application for a replacement permit will not be considered a
now application. An appropriate fee may be charged.

6) Transfer. Permits issued under this part are. not transferable or assignable. A permit is valid
only for the person to whom it is issued.

(k) Change in application information. Notice of a change in the permit holder's name, address, or
telephone number must be submitted in writing to, and received by, the Regional Director within 15 days
of the change in information. If written notice of the change in information is not received by the Regional
Director within 15 days, the permit is void.

(1) Alteration. Any permit that has been altered, erased, or mutilated is invalid.

(m) Display. Any permit issued under this part must be maintained in legible condition and
displayed for inspection upon request by any authorized officer.

(n) Sanctions. Vessel operators with suspended or revoked permits may not be on board a
Federally permitted fishing vessel in any capacity while the vessel is at sea or engaged in offloading.
Procedures governing enforcement related permit sanctions and denials are found at subpart D of 15 CFR
part 904.

(o) Vessel owner responsibility. Vessel owners are responsible for ensuring that their vessels are
operated by an individual with a valid operator's permit issued under this section.

1648.7 Recordkoeping and reporting requirements.

(a) Dealers.

(1) Weekly report. Dealers must send by mail to the Regional Director, or official designee, on a
weekly basis on forms supplied by or approved by the Regional Director, a report on fish purchases. If
authorized in writing by the Regional Director, dealers may submit reports electronically or through other
media. The following information and any other information required by the Regional Director, must be
provided in the report: 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;

21 November 1995 DPR - 7

and port landed. If no fish are purchased during the week, a report so stating must be submitted.

(2) Annual report. All persons required to submit reports under paragraph (a) (1 ) of this section are
required to complete the "Employment Data" section of the Annual Processed Products Reports;
completion the other sections on that form is voluntary. Required data are the number of employees
handling fishery products by month. Reports for a given calendar year must be submitted to: NMFS
Statistics, 166 Water Street, Woods Hole, MA 02543, and must be postmarked by February 10 of the
following year.

(3) Inspection. Upon the request of an authorized officer, or by an employee of NMFS designated
by the Regional Director to make such inspections, the dealer must make immediately available for
inspection copies of the required reports that have been submitted, or should have been submitted, and the
records upon which the reports were based.

(4) Record retention. Copies of reports, and records upon which the reports were based, must be
retained and be available for review for I year after the date of the last entry on the report. The dealer
must retain such reports and records at its principal place of business.

(5) Submitting reports. Reports must be received or postmarked, if mailed, within 3 days after the
end of each reporting week. Each dealer will be sent forms and instructions, including the address to
which to submit reports, shortly after receipt of a dealer permit. If no fish were purchased during a week,
a report so stating must be submitted.

(6) At-sea activities. All persons purchasing, receiving, or processing any black sea bass at sea for
landing at any port of the United States must submit information identical to that required by paragraphs
(a)(1) and (2) of this section and provide those reports to the Regional Director or designee on the same
frequency basis.

M Vessel owners issued a moratorium permit.

(1) Fishing log reports. The owner of any vessel issued a moratorium permit under �648.4 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. If authorized in
writing by the Regional Director, vessel owners may submit reports electronically, for example by using a
vessel tracking system or other media. At least the following information, and any other information
required by the Regional Director, must be provided: Vessel name, U.S. Coast Guard (USCG)
documentation number (or state registration number if undocumented); permit number; date/time sailed;
date/time landed; trip type; number of crew; gear fished; quantity and size of gear; mesh/ring size; chart
area fished; average depth; latitudellongitude (or loran station and bearings); total hauls per area fished;
average tow time duration; pounds by species of all species landed or discarded; dealer permit number;
dealer name; date sold; port and state landed; and vessel operator's name, signature, and operator permit
number (if applicable).

(2) When to fill in the log. Such log reports must be filled in, except for information required but
not yet ascertainable, before offloading has begun. All information in paragraph (b)(1) of this section must
be filled in for each fishing trip before starting the next fishing trip.

(3) Inspection. Upon the request of an authorized officer, or an employee of NMFS designated by
the Regional Director to make such inspections, at any time during or after a trip, owners and operators
must make immediately available for inspection, the fishing log reports currently in use, or to be submitted.

(4) Record retention. Copies of the fishing log reports must be retained and available for review
for 1 year after the date of the last entry on the log.

21 November iggs DPR - 8

address to which to submit reports, shortly after receipt of a Federal Fisheries Permit. If no fishing trip is
made during a month, a report so stating must be submitted.

(1) Fishing log reports. The owner of any party or charter boat issued a moratorium permit under
1648.4 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, even if no black sea bass is retained, on forms
supplied by or approved by the Regional Director. The owner of any party or charter boat issued a black
sea bass 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 which lands
black sea bass. If authorized in writing by the Regional Director, vessel owners may submit reports
electronically, for example, by using a vessel tracking system or other media. At least the following
information, and any other information required by the Regional Director, must be provided- Vessel name,
U.S. Coast Guard (USCG) documentation number (or state registration number if undocumented); permit
number; date/time sailed; date/time landed; trip type; number of crew; number of anglers, quantity and size
of gear; chart area fished; average depth; latitude/longitude (or loran station and bearings); average tow
time duration; count by species of all species landed or discarded; port and state landed; and vessel
operator's name, signature, and operator permit number (if applicable).

(2) When to fill in the log. Such log reports must be filled in before offloading has begun. All
information required in paragraph (c)(1) of this section must be filled in for each fishing trip by the end of
each fishing trip.

(3) Inspection. Upon the request of an authorized officer, or an employee of NMFS designated by
the Regional Director to make such inspections, at any time during or after a trip, owners and operators
must make immediately available for inspection the fishing log reports currently in use, or to be submitted.

(4) Record retention. Copies of the fishing log reports must be retained and available for review for
1 year after the date of the last entry on the log.

(5) Submitting reports. Fishing log reports must be received or postmarked, if mailed, within 15
days after the end of the reporting month. Each owner will be sent forms and instructions, including the
address to which to submit reports, shortly after receipt of a Federal Fisheries Permit. If no black sea bass
is landed or no fishing trip is made during a month, a report so stating must be submitted.

1648.8 Vessel Identification.

(a) Vessel name. Each fishing vessel subject to this Part and over 25 feet (7-6 m) in registered
length must affix permanently its name on the port and starboard sides of the bow and, as possible, on its
stern.

(b) Official number. Each fishing vessel subject to this Part end over 25 feet (7-6 m) in registered
length shall display its official number on the port and starboard sides of the deckhouse or hull, and on an
appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft.

(c) Numerals. Except as provided in paragraph (a) of this section, the official number must be
displayed in block arabic numerals in contrasting color at least 18 inches (45.7 cm) in height for fishing
vessels over 65 feet (19.8 m) in registered length, and at least 10 inches (25.4 cm) in height for all other
vessels over 25 feet (7.6 m) in registered length. The registered length of a vessel, for purposes of this
section, is that registered length set forth in US Coast Guard or state records.

(d) Duties of owner. The vessel owner shall insure that each vessel subject to this part will:

(1) Keep the vessel's name and official number clearly legible and in good repair, and

21 November 1995 DPR - 9

(2) Ensure that no part of the vessel, its rigging, its fishing gear, or any other object obstructs the
view of the official number from any enforcement vessel or aircraft.

(8) Nonpermanent marking. Vessels carrying recreational fishing parties on a per capita basis or by
charter must use markings that meet the above requirements, except for the requirement that they be
affixed permanently to the vessel. The nonpermanent markings must be displayed in conformity with the
above requirements when the vessel is fishing for black sea bass.

�648.9 Prohibitions.

(a) In addition to the general prohibitions specified in 1620.7 of this chapter, it is unlawful for any
person owning or operating a vessel issued a permit under 1648.4 to do any of the following:

(1) Land or possess at sea any black sea bass, or parts thereof, that fail to meet the minimum fish
size specified in 1648.23;

(2) Fail to affix and maintain markings as required by �648.8;

(3) Possess 100 or more pounds (45.4 kg) of black sea bass, unless the vessel meets the minimum
mesh requirement specified in 1648.24(a);

(4) Possess black sea bass in other than a box specified in 1648.25(d) if fishing with nets having
mesh that does not meet the minimum mesh-size requirement specified in �648.24(a).

(5) Land black sea bass for sale, after the effective date published in the FEDERAL REGISTER
notifying permit holders that commercial quota is no longer available.

(6) 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 �648.24,
unless the nets or netting are stowed in accordance with 1648.24(f);

(7) Fish with or possess pots or traps that do not meet the requirements �648.24(b);

(8) Sell or transfer to another person for a commercial purpose, other than transport, any black sea
bass, unless the transferee has a dealer permit issued under �648.5;

(9) 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 moratorium permit issued
pursuant to �648.4; or

0 0) Refuse to embark a sea sampler if requested by the Regional Director.

(b) It is unlawful for the owner or operator of a party or charter boat issued a permit (including a
moratorium permit) pursuant to �648.4, 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 1648.25;

(2) Posse ss black sea bass smaller than the minimum size limit for recreational fishermen
established pursuant to �648.23(b);

(3) Fish for black sea bass other than during a season specified pursuant to 1648.22;

(4) Refuse to embark a sea sampler if requested by the Regional Director; or

(5) Sell black sea bass or transfer black sea bass to another person for a commercial purpose.

21 November iggs DPR - 10

(1) Possess in or harvest from the EEZ black sea bass either in excess of the possession limit
specified in 1648.25 or before or after the time period specified in �648.22, unless the person is operating
a vessel issued a moratorium permit under �648.4 and the moratorium permit is on board the vessel and
has not been surrendered, revoked, or suspended;

(2) Possess in or harvest from the EEZ black sea bass that do not meet the minimum size specified
in 1648.23(b);

(3) Possess nets of netting with mesh not meeting the minimum mesh requirement of �648.24 if
the person possesses black sea bass harvested in or from the EEZ in excess of the threshold limit of
�648.24(a).

(4) If subject to the permit requirements in �648.4 or 1648.5, offload, cause to be offloaded, sell
or buy any black sea bass, whether on land or at sea, as an owner, operator, dealer, buyer or receiver in
the black sea bass fishery without accurately preparing and submitting in a timely fashion the documents
required by 1648.6;

(5) Purchase or otherwise receive, except for transport, black sea bass from the owner or operator
of a vessel issued a moratorium permit under �648.4 unless in possession of a valid permit issued under
�648.5;

(6) 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 in �648.5 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.

(7) Purchase or otherwise receive for a commercial purpose black sea bass landed after the
effective date published in the FEDERAL REGISTER notifying permit holders that commercial quota is no
longer available;

(8) Make any false statement, verbal or written, to an authorized officer, concerning the catching,
taking, harvesting, landing, purchase, sale, possession, or transfer of any black sea bass;

(9) Fall to report to the Regional Director within 15 days any change in the information contained in
the permit application;

0 0) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command,
impediment, threat, coercion or refusal of reasonable assistance of an observer or sea sampler conducting
his or her duties aboard a Vessel; or

0 1) Violate any other provision of this part, the Magnuson Act, or any regulation or permit issued
under the Magnuson Act.

(d) All black sea bass possessed aboard a party or charter boat issued a permit under "�648.4(c) are
deemed to have been harvested from the EEZ.

(9) It is unlawful for any person to violate any terms of a letter authorizing experimental fishing
pursuant to �648.28 or to fail to keep such letter aboard the vessel during the time period of the
experimental fishing.

1648.10 Faclitation of enforcement

See �620.8 of this chapter.

A 21 November 199s DPR - 11

1648.11 Penalties.
See �620.9 of this chapter. Subpart B - Management Measures

�648.20 Catch quotas and other restrictions.

(a) Annual review. The Black Sea Bass Monitoring Committee will review the following data on or
before August 15th of each year to determine the allowable levels of fishing and other restrictions
necessary to result in a target exploitation rate of 48% for black sea bass in 1998, 1999, and 2000; a
target exploitation rate of 37% in 2001 and 2002; and a target exploitation rate based on F,,,, in 2003 and
subsequent years:

(1) Commercial and recreational catch data;

(2) Current estimates of fishing mortality;

(3) Stock status;

(4) Recent estimates of recruitment;

(5) Virtual population analysis results;

(6) Levels of noncompliance by-fishermen or individual states;

(7) Impact of size/mesh regulations;

(8) 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;

(9) Impact of gear other than otter trawls on the mortality of black sea bass; and

0 0) 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 ASMFC the following measures to
assure that the fishing mortality rate specified in paragraph (a) of this section is not exceeded:

(1) A commercial quota will set from a range of 0 to the maximum allowed to achieve the fishing
mortality specified in paragraph (a) of this section.

(2) Commercial minimum fish size;

(3) Minimum mesh size;

(4) A recreational possession limit set from a range of 0 to the maximum allowed by the
recreational share of the adopted fishing mortality rate reduction strategy black sea bass to achieve the
fishing mortality rate specified in paragraph (a) of this section;

(5) Recreational minimum fish size;

(6) Recreational season; and

(7) Restrictions on gear other than otter trawls.

21 November 1995 DPR - 12

(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 applicable fishing mortality rate specified in paragraph (a) of this
section is not exceeded. The Council shall review these recommendations. Based on these
recommendations, and any public comment, the Council shall make recommendations to the Regional
Director with respec@ to the measures necessary to assure that the fishing mortality rates specified in
paragraph (a) of this section are 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 in the Federal Register a proposed rule on or before
October 15 to implement a coastwide commercial quota and recreational harvest limit and additional
management measures for the commercial fishery, and will publish in the Federal Register a proposed rule
on or before February 15 to implement additional management measures for the recreational fishery, if he
determines that these measures are necessary to assure that the fishing mortality rates specified in
paragraph (a) of this section are not exceeded. After considering public comment on a proposed rule, the
Regional Director will publish a final rule in the Federal Register to implement the measures necessary to
assure that the fishing mortality rates specified in paragraph (a) of this section are not exceeded.

9648.21 Closure.

(a) 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 a notice in the FEDERAL REGISTER
if he determines that the quota will be caught by the time the closure takes effect'

�648.22 Time restrictions.

Beginning with the third year following FMP implementation, vessels that are not eligible for a
moratorium permit under 1648.4 and fishermen subject to the possession limit may fish for black sea bass
only during the period specified by the Regional Director pursuant to the procedures in �648.20.

�648.23 Minimum sizes.

(a) The minimum size for black sea bass Is 9 inches (22.9 cm) total length for all vessels issued a
moratorium permit under �648.4, except on board party and charter boats carrying passengers for hire or
carrying more than three crew members if a charter boat or more than five crew members if a party boat
for the first and second years these regulations are in effect. Beginning with the third year following
implementation, the minimum fish size shall be increased to 10 inches (25.4 cm) total length.

(b) The minimum size for black sea bass is 9 inches (22.9 cm) total length for all vessels that do
not qualify for a moratorium permit, or party and charter boats holding moratorium permits but fishing with
passengers for hire or carrying more than three crew members if a charter boat or more than five crew
members if a party boat for the first and second years these regulations are in effect. Beginning with the
third year following implementation, the minimum fish size shall be increased to 10 inches (25.4 cm) total
length.

(c) The minimum size applies to whole fish or any part of a fish found in possession, e.g., fillets.
These minimum sizes may be adjusted pursuant to the procedures in 1648.20.

(d) Beginning with the third year following implementation, the minimum fish sizes set forth in
paragraphs (a) and (b) of this section may be changed following the procedures in 1648.20.

*648.24 Gear restrictions.

(a) General. Beginning with the third year following implementation of these regulations, otter
trawlers whose owners are issued a permit (including moratorium permit) under �648.4 and that land or

21 November iggs DPR - 13

possess 100 or more pounds (45.4 kg) of black sea bass, per trip, must fish with nets that have a
minimum mesh size of 4.0 inches 0 0. 16 cm) diamond 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 head rope, excluding any turtle excluder device extension.

W Mesh-size measurement. Mesh sizes are measured by a wedge-shaped gauge having a taper of
two centimeters in eight centimeters and a thickness of 2.3 millimeters inserted into the meshes under a
pressure or pull of five kilograms. The mesh size will be the average of the measurement of any series of
20 consecutive meshes for nets having 75 or more meshes, and 10 consecutive meshes for nets having
fewer than 75 meshes. The mesh in the regulated portion of the not will be measured at least five meshes
away from the lacings, running parallel to the long axis of the net.

W Mesh obstruction or constriction.

(1) A fishing vessel may not use any mesh configuration, mesh construction, or other means on or
in the top of the not, as defined in paragraph (d) of this section, if it obstructs the meshes of the net in any
manner.

(2) No vessel may use a net capable of catching black sea bass in which the bars entering or
exiting the knots twist around each other.

(d) Stowage of nets. Otter trawl vessels subject to the minimum mesh requirement may not have
available for immediate use any net, or any piece of net, not meeting the minimum mesh size requirement,
or mesh that is rigged in a manner that is inconsistent with the minimum mesh size. A net that conforms
to one of the following specifications and that can be shown not to have been in recent use is considered
not to be "available for immediate use":

(1) A net stowed below deck, provided:

0) It is located below the main working deck from which the net is deployed and retrieved;

0i) The towing wires, including the 'leg' wires, are detached from the net;

Gii) It is fan-folded (flaked) and bound around its circumference.

(2) A net stowed and lashed down on deck, provided:

0) It is fan-folded (flaked) and bound around its circumference.

(ii) It is securely fastened to the deck or rail of the vessel; and

(iii) The towing wires, including the leg wires, are detached from the net.

13) A net that is on a reel and is covered and secured, provided:

W The entire surface of the net is covered with canvas or other similar material that is securely
bound;

(ii) The towing wires, including the leg wires, are detached from the net; and

(iii) The codend is removed from the net and stored below deck.

(4) Nets that are secured in a manner approved by the Regional Director, provided that the
Regional Director has reviewed the alternative manner of securing nets and has published that alternative
in the Federal Register.

21 November 1995 DPR - 14

(e) Net modification. No vessel subject to this part shall use any device, gear, or material, including,
but not limited to nets, net strengtheners, ropes, lines, or chaffing 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 (7.2 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 that 0.75
inches 0.9 cm) in diameter extending the length of the not from the belly to the terminus of the cod end
along each of the following: The top, bottom, and each side of the net. "Top of the regulated portion of
the not" 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 not. A vessel shall not use any means or mesh configuration on the top of
the regulated portion of the net, as defined in 1648.24(e), if it obstructs the meshes of the net or
otherwise causes the size of the meshes of the net while in use to diminish to a size smaller than the
minimum specified in �648.24(a).

(f) Beginning with the third year following FMP implementation, the minimum net mesh set forth in
paragraph (a) of this section may be changed following the procedures in �648.20.

(g) Beginning with the third year following FMP implementation, the Regional Director may impose
restrictions on gear other than otter trawls following the procedures in 1648.20.

N Rollers used in roller rig or rock hopper trawl gear shall be no larger than of 18" (45.72 cm) in
diameter.

W Escape vents.

(1) Beginning with the start of the first calendar year following FMP approval, pots or traps capable
of catching and retaining black sea bass shall have a minimum escape vent of 1. 125" X 60 (2.8575 X
15.24 cm) or 2.5" (6.35 cm) in diameter.

(2) Beginning with the start of the third calendar year following FMP approval, pots or traps
capable of catching and retaining black sea bass shall have a minimum escape vent of 1.25" X 6" (3.175
X 15.24 cm) or 2.75' (6.985 cm) diameter

(3) Escape vent dimensions may be adjusted following the procedures in 9648.20 following
completion of Mid-Atlantic Council's escape vent study.

0) Degradable panels. Pots or traps capable of catching and retaining black sea bass shall have the
hinges and fasteners of each panel or door made of one of the following degradable materials:

(1) untreated hemp, jute, or cotton string of 3/160 (4.8 mm) diameter of smaller;

(2) magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners; or

(3) ungalvanized or uncoated iron wire of 0.062" (1.6 mm) diameter or smaller.

1648.25 Possession limit.

(a) Beginning With the third year following FMP implementation, the Regional Director may impose
possession limit following the procedures in �648.20 for persons harvesting black sea bass in or
harvested from the EEZ unless that person is the owner or operator of a fishing vessel issued a moratorium
permit under 1648.4. Persons on board a commercial vessel that is not eligible for a moratorium permit
under �648.4 are subject to this possession limit. The owner and operator and crew of a charter or party
boat issued a moratorium permit under section 648.4(b) are not subject to the possession limit when not
carrying passengers for hire and when the crew size does not exceed five for a party boat and three for a
charter boat.

21 November 199s DPR - 15

M 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 2. If black sea bass are
filleted into a single (butterfly) fillet, such fillet shall be deemed to be from one whole black sea bass.

(c) Black sea bass harvested by vessels subject to the possession limit with more than one person
on board 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 on board other
than the captain and 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.

(d) Owners or operators of otter trawlers issued a permit (including a moratorium permit) under
�648.4, 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 � 648.24(f), may not retain 100 pounds
(45.3 kg) or more of black sea bass. Black sea bass on board these vessels shall be stored in a standard
1 00-pound (45.3 kg) tote that has a liquid capacity of 18.2 gallons (70 liters), or a volume of not more
than 4,320 cubic inches (2-5 cubic feet or 70.79 cubic cm), and that is readily available for inspection.

�648.26 Sea sampler program.

(a) Request to take see sampler. The Regional Director may request a fishing vessel issued a pe it
under �648.4 to take on board an observer or sea sampler to accompany the vessel on all fishing trips
conducted during the period specified in the request. If requested by the Regional Director to take an
observer or sea sampler, a vessel may not engage in any fishing operations for black sea bass unless an
observer or sea sampler is on board or unless the requirement is waived.

(b) Responsibility for sea samplerplacement. If requested by the Regional Director to take a sea
sampler, it is the responsibility of the vessel owner to arrange for and facilitate sea sampler placement.
Upon notice, the Regional Director will provide information concerning sea sampler availability and
placement.

(c) Waiver. The Regional Director may waive the sea sampler requirement based on a finding that
the facilities for housing the sea sampler or for carrying out sea sampler functions are so inadequate or
unsafe that the health or safety of the sea sampler or the safe operation of the vessel would be
jeopardized.

(d) Sea sampler functions. If requested by the Regional Director to take a sea sampler, the vessel
owner, vessel operator, and crew must cooperate with the sea sampler in the performance of the sea
sampler's duties, including:

(1) Notifying the sea sampler in a timely fashion of when fishing operations are to begin and end;

(2) Allowing for the embarking and debarking of the sea sampler, as specified by the Regional
Director, ensuring that transfers of sea samplers at sea are accomplished in a safe manner, via small boat
or raft, during daylight hours as weather and sea conditions allow, and with the agreement of the sea
sampler involved;

(3) Providing adequate accommodations and food;

(4) Allow ing the sea sampler access to all areas of the vessel necessary to conduct sea sampler
duties; (5) Allowing the a-ea sampler access to communications and navigation equipment and personnel as
necessary to perform sea sampler duties;

(6) Providing true vessel locations, by latitude and longitude or loran coordinates, as requested by
the sea sampler;

21 November 199s DPR - 16

(7) Notifying the Sea sampler of any sea turtles, marine mammals, black sea bass, or other
specimens taken by the vessel, as requested by the sea sampler,

(8) Providing the sea sampler with sea turtles, marine mammals, black sea bass, or other
specimens taken by the vessel, as requested by the sea sampler; and

(9) Providing storage for biological specimens, including cold storage if available, as requested by
the sea sampler. Thise specimens must be retained on board the vessel, as instructed by the sea sampler
or until retrieved by authorized personnel of the National Marine Fisheries Service.

1648.27 Experimental fishery.

(a) The Regional Director, in consultation with the Executive Director of the Council, may exempt
any person or vessel from the requirements of this part for the conduct of experimental fishing beneficial to
the management of the black sea bass resource or fishery.

(b) The Regional Director may not grant such exemption unless he/she determines that the
purpose, design, and administration of the exemption is consistent with the objectives of the FMP, the
provisions of the Magnuson Act, and other applicable law, and that granting the exemption will not:

(1) Have a detrimental effect on the black sea bass resource and fishery; or

(2) Cause any quota to be exceeded; or

(3) Create significant enforcement problems.

W Each vessel participating in any exempted experimental fishing activity is subject to all
provisions of this FMP except those necessarily relating to the purpose and nature of the exemption. The
exemption will be specified in a letter issued by the Regional Director to each vessel participating in the
exempted activity. This letter must be carried aboard the vessel seeking the benefit of such exemption.

�648.28 Special management zones.

Upon request to the Council from a permittee (possessor of a Corps of Engineers permit) for an
artificial reef, the modified area and an appropriate surrounding area of an artificial reef or fish attraction
device (or other modification of habitat for the purpose of fishing) could 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 fish attraction device. The
establishment of an SMZ would be done by regulatory amendment:

(a) A monitoring team (the team Will be comprised of members of Council staff, NMFS Northeast
Region, and the 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) promote conservation
(3) excessive shares

W The Council Chairman may schedule meetings of Industry Advisors and/or the Scientific and
Statistical Committee (SSQ to review the report and associated documents and to advise the Council. The
Council Chairman may also schedule pubic hearings.

W The Council, following review of the Team'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 data.

A 21 November iggs DPR - 17

(d) The Regional Director will review the Council's recommendation, and if he concurs in the
recommendation, will propose regulations in accordance with the recommendations. He may also reject
the recommendation, providing written reasons for rejection.

(e) If the Regional Director concurs in the Council's recommendations, he shall publish proposed
regulations in the FEDERAL REGISTER and shall afford a reasonable period for public comment which is
consistent with the urgency of the need to implement the management measure(s).

21 November 1995 DPR - 18

APPENDIX 5. ABBREVIATIONS AND DEFINITIONS OF TERMS

Act IMFCMA) - the Magnuson Fishery Conservation and Management Act of 1976, as amended, 16 USC 1801
et seq.

Adjusted dollars - dollars standardized to a base year based on the Consumer Price Index.

ASMFC (Commission) - Atlantic States Marine Fisheries Commission.

CFR - Code of Federal Regulat ions.

Charter or party boat - any vessel which carries passengers for hire to engage in fishing.

Committee - the black sea bass FMP Review and Monitoring Committee. The Committee is made up of staff
representatives of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils, the
Commission, the Northeast Regional Office of NMFS, the Northeast Fisheries Center, and the Southeast
Fisheries Center. The MAFMC Executive Director or his designee chairs the Committee.

Council (MAFMC) - the Mid-Atlantic Fishery Management Council.

CPI - Consumer Price Index; a comparative ratio of a certain group of goods across time.

CPUE - catch per unit of effort.

Domestic Annual Harvest JDAH) - the capacity of US fishermen, both commercial and recreational, to harvest
and their intent to use that capacity.

Domestic Annual Processing (DAP) - the capacity of US processors to process, including freezing, and their
intent to use that capacity.

Exclusive Economic Zone (EEZ) - the zone contiguous to the territorial sea of the US, the inner boundary of
which is a line coterminous with the seaward boundary of each of the coastal States and the outer boundary
of which is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from
which the territorial sea is measured.

Fishing for black sea bass - any activity, other than scientific research vessel activity, which involves: (a) the
catching, taking, or harvesting of black sea bass; W any other activity which can reasonably be expected to
result in the catching, taking, or harvesting of black sea bass; or 0 any operations at sea in support of, or in
preparation for, any activity described in paragraphs (a) or (b) of this definition.

Fishing mortality rate - the part of the total mortality rate 1which also includes natural mortality) applying to
a fish population that is caused by man's harvesting. Fishing mortality is usually expressed as an instantaneous
rate (F), and can range from 0 for no fishing to very high values such as 1.5 or 2.0. The corresponding annual
fishing mortality rate (A) is easily computed but not frequently used. Values of A that would correspond to the
F values of 1.5 and 2.0 would be 78% and 86%, meaning that there would be only 22% and 14% of the fish
alive 1without any natural mortality) at the end of the year that were alive at the beginning of the year. Fishing
mortality rates are estimated using a variety of techniques, depending on the available data for a species or
stock.

F0.1 - the rate of fishing mortality for a given method of fishing at which the increase in yield per recruit for a
small increase in fishing mortality results in only 10% increase in yield per recruit for the same increase in
fishing mortality from a virgin fishery.

F,= - a calculated instantaneous fishing mortality rate that is defined as "the rate of fishing mortality for a
given method of fishing that maximizes the harvest in weight taken from a single year class of fish over its

21 November 1995 App 5 - 1

entire life span".

FMP - fishery management plan.

FR - Federal Register.

FIL - Fork length. The length from the most anterior part of the fish to the tip of the median caudal fin rays.

GRT - gross registered ton.

ICES gauge - International Council for the Exploration of the Seas (ICES) longitudinal mesh gauge set a 4 kg
pressure; as used in mesh selectivity studies.

Internal waters - marine waters landward of the territorial sea.

Lu - length at which 50% of the fish are mature.

M (natural mortality) - instantaneous rate of death attributable to all causes except fishing.

MSY - maximum sustainable yield. The largest average catch of yield that can continuously be taken from a
stock under existing environmental conditions, while maintaining the stock size.

MRFSS - Marine Recreational Fishery Statistics Surveys, 1979 - 1988.

NEFC - the Northeast Fisheries Center of the NMFS.

NMFS - the National Marine Fisheries Service of NOAA.

NOAA - the National Oceanic and Atmospheric Administration of the US Dept. of Commerce.

OY - Optimum Yield.

Regional Director (RD) - the Regional Director, Northeast Region, NMFS.

Recruitment - the addition of fish to the fishable population due to migration or to growth. Recruits are usually
fish from one year class that have just grown large enough to be retained by the fishing gear.

Secretary - the Secretary of Commerce, or his designee.

Spawning stock biomass per recruit (SSB/R) - measures the average or expected contribution of any one young
fish to the spawning stock biomass over it lifetime. A useful reference point is the level of SSBIR that would
be obtained if there were no fishing. This is a maximum value for SSB/R which can be compared to levels of
SSB/R calculated for different fishing levels.

State waters - internal waters and the Territorial Sea.

Stock assessment - the biological assessment of the status of the resources. This analysis provides the official
estimates of stock size, spawning stock size, fishing mortalities, recruitment, and other parameters used in this
Plan. The data from these assessments shall constitute the "best scientific information currently available" as
required by the Act.

Taffitorial Sea - marine waters from the shoreline to 3 miles seaward.

Take - to catch and retain on board either in the hold lose or in boxes. It does not include fish from the most
recent tow on deck and not yet sorted.

21 November 1995 App 5 - 2

n - total length. The length along the mid-line of the fish from the tip of the snout to the tip of the tail.

Total Allowable Level of Foreign Fishing (TALFF) - that portion of the Optimum Yield made available for foreign
fishing.

SL - standard length. The length from the tip of the upper jaw to the posterior end of the hypural bone.

USDC - US Department of Commerce.

Year-class - the fish spawned or hatched in a given year.

Yield per recruit - the theoretical yield that would be obtained from a group of fish of one age if they were
harvested according to a certain exploitation pattern over the life span of the fish. From this type of analysis,
certain critical fishing mortality rates are estimated that are used as biological reference points for
management, such as F.. and F0.1.

Z - instantaneous rate of total mortality; the ratio of numbers of deaths per unit of time to population
abundance during that time.

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