[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.

             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


             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.

              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


              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.

                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
                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 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.

                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.

                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.


                                                       10. REFERENCES



               Able, K.W., M.P. Fahay, and G.R. Shepherd. In press. Early life history of black sea bass
               Centropristis striate in the Mid-Atlantic Bight and a New Jersey estuary.

               Alaska Sea Grant. 1993. Is it food? Addressing marine mammal and seabird declines. University
               of Alaska. Fairbanks, AK. 59 p.

               American Fisheries Society. 1980. A list of common and scientific names of fishes from the United
               States and Canada. AFS Spec. Pub. 12. 174 p.

               Anderson, L.G. 1986. The economics of fisheries management. The Johns Hopkins Univ. Press,
               Baltimore, MD. 269 p.

               Arve, J. 1960. Preliminary report on attracting fish by oyster-shell plantings in Chincoteague Bay,
               Maryland. Chesapeake Sci. 1: 58-65.

               Atlantic Biodiversity Center. 1994. The Comprehensive Conservation and Management Plan for
               Delaware's Inland Bays. Nassau, DE. I 5p.

               Bell, F., P.E. Sorensen, and V.R. Leeworthy. 1982. The economic impact and valuation of saltwater
               recreational fisheries in Florida. Fla. Sea Grant Rept. No.47.

               Bergman, C. 1994. Personal communication. Axelsson & Johnson Fish Company, Cape May, N.J.

               Boehm, P.D. 1983. Chemical contaminants in northeast United States marine sediments. NOAA
               Tech. Rept. No. 99.

               Boehm, P.D. and P. Hirtzer. 1982. Gulf and Atlantic survey for selected organic pollutants in
               finfish. NOAA Tech. Mem. NMFS- F/NEC-1 3. 111 p.

               Bohnsack, J.A. 1989. Are high densities of fishes at artificial reefs the result of habitat limitation
               or behavioral preference? Bull. Mar. Science. 44(2): 631-645.

               Bonzek, C.F., P. Geer, J. Colvocoresses and R. Harris. 1991. Juvenile Finfish and Blue Crab Stock
               Assessment Program Bottom Trawl Survey Annual Report Series - Volume 1990, Virginia Institute


               21 Novwber 1995                                so







             Of Marine Science Sp. Sci. Rpt. No. 124, Volume 1990, 206 p.

                                     . 1992. Juvenile Finfish and Blue Crab Stock Assessment Program
             Bottom Trawl Survey Annual Report Series - Volume 1991, Virginia Institute of Marine Science Sp.
             Sci. Rpt. No. 124, Volume 1991, 213 p.

                                       1993. Juvenile Finfish and Blue Crab Stock Assessment Program
             Bottom Trawl Survey Annual Report Series - Volume 1992, Virginia Institute of Marine Science Sp.
             Sci. Rpt. No. 124, Volume 1992, 217 p.

             Boragine, R. 1994. Personal communication. American Seafood Institute, Wakefield, RI.

             Boyd, D. 1994. Personal communication. VA. Marine Resources Commission Newport News, VA.

             Brouha, P. 1994. Population growth: the real problem. Fisheries. Vol 19(9): 4.

             Brown, B. 1994. Personal communication. N.J. Div. of Env. Prot. Division of Fish Game and
             Wildlife, Trenton, N.J.

             Sugley, K and G. Shepherd. 1991. Effect of catch-and-release angling on the survival of black sea
             bass. N. A. J. Fish. Manage. 11: 468-471.

             Buss, A. and A. Kitts. 1994. Documentation for the cost-eamings data base for the northeast
             United States commercial fishing vessels. Working paper in progress. NMFS.

             Butowski, N. 1994. Personal communication. MD. Dept. of Nat. Res., Ocean City, MD.

             Casey, J. F. 1994. Personal communication. MD. Dept. of Nat. Res., Ocean City, MD.

             Clark, J.R. 1962. The 1960 salt-water angling survey. U.S. Fish and Wildl. Serv. Circ. 153, 36 p.

             Cochran, and Grier. 1991. Regulation of sexual succession in the protogynous black sea bass,
             Cetropristis striate (0steichthyes: Serranidee). J. Comp. Endocrinology. 820): 69-77.

             Cole, R. 1994. Personal communication. DE. Dept. of Nat. Res. and Env. Control, Dover, DE.

             Collette, B.B. and K.E. Hartel. 1988. An annotated list of the fishes of Massachusetts Bay.
             NOAA Tech. Memo. NMFS-F/NEC-51. 70 p.

             Collings, W.S., C. Cooper-Sheehan, S. Hughes, and J.L. Buckley. 1981. The Effects of Power
             Generation on some of the Uving Marine Resources of the Cape Cod Canal and Approaches.
             Massachusetts Department of Fisheries, Wildlife and Recreational Vehicles Department of Marine
             Fisheries. 212 pp.

             Council on Environmental Quality (CEO). 1993. Incorporating biodiversity considerations into
             environmental impact analysis under the National Environmental Policy Act. Executive Office of the
             President. Washington. 29 p.

             Crutchfield, J.A. 1986. Pacific coast trawl vessels: depreciation, maintenance, costs and capital
             values. NOAA, NMFS, SWC Adm. Rep. U-86-03C.

             Cupka, D.M., R.K. Dias, and J. Tucker. 1973. Biology of the black sea bass, Centropristis striate
             (PYsces: Serranidae), from South Carolina waters. S.C. Wildl. Mar. Resour. Dep. Unpubl. MS. 93 pp.

             Currier, T.P. 1990. Personal Communication. MA. Div. of Mar. Fish., Sandwich, MA.



             21 November 1995                                81






              Deuel, D.G. 1973. 1970 saft-water angling survey. NOAA/NMFS, Curr. Fish. Stat. No. 6200: 53
              P.

              Deuel, D.G. and J.R. Clark. 1968. The 1965 salt-water angling survey. U.S. Dept. of Int., U.S.
              Fish Wildl. Serv., Res. Publ. 67: 55 p.

              D'Amico, M. Personal communication. Wild Earth. Lewes, DE.

              Ehrlich, P. 1990. The population explosion. Simon & Schuster. N.Y.

              Eklund, A.M. and T.E. Targett. 1991. Seasonality of fish catch rates and species composition
              from the hard bottom trap fishery in the Middle Atlantic Bight (US east coast). Fisheries Research.
              120): 1-22.

              Finlayson, A.C. and B.J. McCay. 1994. Social and economic impacts of the draft management
              plans for black sea bass and scup. Report to the MAFMC. Dept. of Human Ecology, Rutgers Univ.,
              New Brunswick, N.J. 79 p.

              Goode, G.B. 1884. Natural history of useful aquatic animals. Fish and Fish. Industries U.S. Sect.
              1: 386-93.


              Gray, C.L. 1994. Personal communication. R.I. Div Fish, Wildlife and Estuarine Res., Wickford,
              R.I.


              Grout, T. 1994. Personal communication. N.H. Fish and Game, Durham, N.H.

              Hales, L.S. and K.W. Able. 1994. Habitat fidelity, movements, and growth of juvenile black sea
              bass at a polyhaline site in Great Bay Estuary, New Jersey. Abstract from the Spring 1994 Atlantic
              Estuarine Society meeting.

              Hildebrand, S.F. and W.C. Schroeder. 1928. Fishes of Chesapeake Bay. U.S. Bur. Fish. Bull. 43:
              261-5.


              Hoff, F.H., Jr. 1970. Artificial spawning of black sea bass, Centropristis striatus melanus Ginsburg,
              aided by chorionic gonadotrophic hormones. Fla. Dep. Nat. Res. Mar. Res. Lab. Spec. Sci. Rep. No.
              25. 17 pp.

              Hutchins, E. 1994. Personal Communication NMFS, Narragansett, RI.
              Jeffries, P., S. Hale, and A. Keller. 1988. Historical data assessment of finfishes of Narragansett
              Say area. Current Report to the Narragansett Bay Project: NBP-89-15.

              Kendall, A.W., Jr. 1972. Description of black sea bass, Centropristis striate (Linnaeus), larvae and
              their occurrences north of Cape Lookout, North Carolina, in 1966. U.S. Natl. Mar. Fish. Ser. Fish.
              Bull. 70(4): 1243-1260.

              Kendall, A.W., Jr. 1977. Biological and fisheries data on black sea bass, Centropristis striate
              (Linnaeus). Nati. Mar. Fish. Serv., NEFC Sandy Hook Lab., Tech. Ser. Rep. No. 7. 29 pp.

              Kitts, A. 1994. Personal communication. NMFS, Woods Hole, MA.

              Kurkul, P.A. and J.G. Terrill. 1986. Now England otter trawl and scallop industry financial trends
              1976-1985. NOAA, NMFS, NER. 74 p.

              Langton, R. 1994. Personal communication. ME. Dept. Marine Resources, West Boothbay
              Harbor, ME.



              21 November 1995                               82






             Link, G. W., Jr. 1980. Age, growth, reproduction, feeding and ecological observations on the three
             species of Centropristis (PYsces: Serranidae) in North Carolina waters. Ph.D. thesis. University of
             North Carolina, Chapel Hill. 277 pp.

             Linton, E. 1901. Fish parasites collected at Woods Hole in 1898. Bull. U.S. Fish Comm. 0 899).
             19: 267-304.

             Lynch, T.R. 1994.  Personal communication. R.I. Div Fish, Wildlife and Estuarine Res., Wickford,
             R.I.


             Makowski, W. 1994. Personal communication. NMFS, Cape May, N.J.

             Mason, J.M. 1990. Personal communication. N.Y. Dept. of Env. Cons., Stony Brook, N.Y.

             McCauley, J. 1994. Personal communication. Point Judith Fishermen's Co-op., Narragansett, R.I.

             McCay, B.J., B. Blinkoff, R. Blinkoff, and D. Bart. 1993. Report, part 2, phase 1, fishery impact
             management project, to the MAFMC. Dept. of Human Ecology, Cook College, Rutgers Univ., New
             Brunswick, N.J. 179 p.

             Mercer, L.P. 1978. The reproductive biology and population dynamics of black sea bass,
             Centropristis striata. Ph.D. thesis. The College of William and Mary, Williamsburg, VA. 196 pp.

             Mid-Atlantic Fishery Management Council. 1987. Habitat policy. Dover, DE, 2 pf

             Mid-Atlantic Fishery Management Council. 1991. Amendment 2 to the fishery management plan
             for the summer flounder fishery. Dover, DE.

             Mid-Atlantic Regional Marine Research Program (MARMPP). 1994. Mid-Atlantic Research Plan.
             University of MD. College Park, MD. 163 p.

             Miller, R.J. 1959. A review of the sea basses of the genus Centfopristes (Sefranidee). Tulane Stud.
             Zool. 7(2): 35-68.

             Monaghan, R. 1994. Personal communication. N.C. Div. of Marine Fisheries, Morehead City, NC.

             Musick, J. 1990. Personal communication. VIMS, Gloucester Pt., VA.

             Musik, J. A., and L.P. Mercer. 1977. Seasonal distribution of black sea bass, Centropristis striata,
             in the Mid-Atlantic Bight with comments on the ecology and fisheries of the species. Trans. Am.
             Fish. Soc. 106 (1): 12-25.

             National Marine Fisheries Service. 1994. Appendix 2.d.: Guidelines on regulatory analysis of
             fishery management actions. Revised version. In operational guidelines for fishery management
             plan process. NMFS, Silver Spring, Maryland.

             National Marine Sanctuary Program. 1993. Marine Sanctuary. Vol. 1. No. 1. 20p.

             National Research Council (NRC). 1993. Managing Wastewater in coastal Urban Areas. National
             Academy Press. Washington, D.C. 477 p.

                                       . 1 994s. Restoring and protecting marine habitat. The role of engineering
             and technology. National Academy Press. Washington, D.C. 193 p.

                                        1994b. Improving the Management of U.S. Marine Fisheries. National
             Academy Press. Washington, D.C. 82 p.


             21 Noverrd)er 1995                             83







                Northeast Fisheries Science Center (NEFSC). 1992. Report of the Thirteenth Northeast Regional
                Stock Assessment Workshop 0 3th SAW). 183 pp.

                                       _. 1993. Status of Fishery Resources off the Northeastern United States.
                NOAA Tech. Mem. NMFS-F/NEC-1 01. 140 p.

                                           . 1995. Report of the Twentieth Northeast Regional Stock Assessment
                Workshop (20th SAW). 237 pp.

                Norton, V., T. Smith, and 1. Strand (ads). 1983. Stripers: the economic value of the Atlantic coast
                commercial and recreational striped bass fisheries. Univ. of MD. Sea Grant Pub. No. UM-SG-TS-83-
                12. 57 p.

                Office of Technology Assessment. 1987. Wastes in marine environments. OTA-0-334. U.S. Govt.
                Printing Office. Washington, D.C. 313 p.

                Pearce, J.B. 1979. Raritan Bay - a highly polluted estuarine system. ICES. Mar. Env. Qual. Comm.
                C. M. 1979/ E:45.


                Paterson, A.E. 1994. Personal communication. NEFSC, Woods Hole, MA.

                Postal, S. 1994. Carrying capacity: earth's bottom line. in: State of the World 1993. W.W.
                Norton. N.Y.


                Powell, J.C. 1992. Marine Sport Fishery Investigations - Juvenile Fish Survey. R.I. Division Fish
                and Wildlife Report, F-26-R-27, 51 p.

                Reid, R.N., J.E. O'Reilly, and V.S. Zdanowicz. 1982. Contaminants in New York Bight and Long
                Island Sound sediments and dernersal species, and contaminant effects on benthos, summer 1980.
                NOAA Tech. Mom. NMFS-F/NEC-1 6. 97 p.

                Rockland, D. B. 1983. An economic analysis of Delaware's recreational/commercial fisheries
                conflict. Ph.D. Dissertation, Univ. of Delaware, Newark, DE.

                Roe, R. 1994. Personal communication. NMFS, Silver Spring, MD.

                Rogers, S.G. , H.T. Langston, and T.E. Targett. 1986. Anatomical trauma to sponge-coral reef
                fishes captured by trawling and angling. Fish. Bull. 84(3): 697-704.

                Ross, J. 1990. Personal communication. N.C. Dept. of Nat. Res. and Comm. Dev., Manteo, N.C.

                Ross, R. 1994. Personal communication. NMFS, Gloucester, MA.

                Safina, C. 1994. Personal communication. National Audubon Society. Islip, NY.

                Safina, C., J. Burger, M. Gochfeld, and R.H. Wagner. 1988. Evidence for prey limitation of
                common and Roseate tem reproduction. The Condor. 90: 852-859.

                Safina, C., R.H. Wagner, D.A. Witting, and K.J. Smith. 1990. Prey delivered to Roseate and
                common tern chicks; composition and temporal variability. J. Field Ornithol. 61(3): 331-338.

                Setchwill, R.J. and C.L. Gray, 1994. The fisheries resources of Greenwich Bay, Rhode Island,
                1993. R.I. Div. Fish, Wildlife and Estuarine Resources Report F-51-R. Segment Report 5.
                Unpublished Report.

                Scarlett, P.G. 1984. Mapping of offshore migratory patterns of four demersal fishes. N.J. Dept.


                21 November 1995                                84







             of Env. Prot., 43 P.

             Scarlett, P.G. 1990. Personal communication. N.J. Dept. of Env. Prot., Absecon, N.J.

             Scherer, M.D. 1984. The Ichthyaplankton of Cape Cod Bay. In: Observations of the Ecology and
             Biology of Western Cape Cod Bay, Massachusetts, Springer-Verlag, Berlin, 289 pp.

             Shepherd, G.R. 1991. Meristic and Morphometric variations in black sea bass north of Cape
             Hatteras, North Carolina. North Amer. J. Fish. Manag. 1112): 139-148.

             Shepherd, G.R. 1994. Personal Communication. NEFSC, Woods Hole, MA.

             Shepherd, G.R. 1995. Personal Communication. NEFSC, Woods Hole, MA.

             Simpson, D. 1994. Personal communication. CT. DEP Marine Fisheries, Old Lyme, CT.

             Sport Fishing Institute (SFI). 1988. Economic activity associated with marine recreational fishing in
             1985. Vol. II-State-level and species-level estimates. Washington, DC. 122 p.

             Steimle, F. 1994. Personal communication. NMFS, Sandy Hook, N.J.

             Steimle, F. In press. Structure-oriented (reef) fish. In Delaware Estuary Program's Habitat
             Requirements Document.

             Steimle, F.W., Jr., and L. Ogren. 1982. Food of fish collected on artificial reefs in the New York
             Bight and off Charleston, South Carolina. U.S. Natl. Mar. Fish. Serv. Mar. Fish. Rev. 44 (6-7): 49-
             52.

             Steimle, F. and W. Figley. In press. Diets of black sea bass, Centropristis striate, from artificial
             reefs off New Jersey and implications on the siting of artificial reefs.

             Steimle, F., V. Zdanowicz, S. Cunneff, and R. Terranova. 1994. Trace metal concentrations in
             common benthic macrofaunal prey from the New York Bight apex. Marine Pollution Bulletin. Vol
             28. pages 760-765.

             Strand, I.E., K.E. McConnell, N.E. Bockstael and D.G. Swartz. 1991. Marine recreational fishing in
             the middle and south Atlantic: a descriptive study. Department of Agriculture and Resource
             Economics. Univ. of Maryland. 226 p.

             The Conservation Foundation. 1988. Protecting America's wetlands: an action agenda.
             Washington, D.C. 69 p.

             Tiner, R.W. 1987. Mid-Atlantic wetlands. A disappearing natural treasure. U. S. Fish and Wildlife
             Service. Newton Comer, MA. 28 p.

             Turek, J.G., T.E. Goodger, T.E. Bi9ford, and J.S. Nichols. 1987. Influence of freshwater inflows
             on estuarine productivity. NOAA Tech. Memo. NMFS-F/NEC-46. 26 p.

             Turgeon, D.D., B   W. Gottholm, K.D. McMahon, and A. Robertson. 1989. Toxic contaminants in
             Long Island Sound. Dept. of Commerce. Washington, D.C. 14 p.

             University of Rhode Island. 1982. A characterization of marine mammals and turtles in the Mid-and
             North-Atlantic areas of the US outer continental shelf. Final report. Prepared for USDI, under
             contract #AA551 -CTS-48.

             U.S. Dept. of Comm. (U.S.D.C.). 1985. Regional action plan: northeast regional office and


             21 November 1995                                   85






               northeast fisheries center. NOAA. NMFS. Tech. memo. F/NEC-37. 20 p.

                             . 1987. National status and trends program for marine environmental quality.
               Progress Report. NOAA. Office of Oceanography and Marine Assessment. 81 p.

                             . 1989. The national status and trends program. NOAA. Office of Oceanography
               and Marine Assessment. 13 p.


                                1992. Marine recreational fishery statistics survey, Atlantic and Gulf coasts
               1990-1991. NOAA, NMFS. 275 p.

                               1993. Our living oceans. NOAA Tech. Memo. NMFS-F/SPO-1 5. 156 p.

                               1994a. Distribution and abundance of fishes and invertebrates in the Mid-Atlantic
               estuaries. NOAA, ELMR. Report No. 12. 280 pp.

                             . 1994b. Fisheries of the United States 1993. NOAA. NMFS. Current Fishery
               Statistics No. 9300. 121 p.

               Van Dolah, R.F., P.H. Wendt and N. Nicholson. 1987. Effects of a research trawl on a hard-bottom
               assemblage of sponges and corals. Fish. Res. 5: 39-54.

               Walden, J.B. 1993. A brief description of the harvest sector for Atlantic mackerel in the United
               States. NMFS, NFSC, Woods Hole, MA. 18 p.

               Weber, A.M., and P.T. Briggs. 1983. Retention of black sea bass (Centropristis strieta) in vented
               and unvented lobster (Homarus arnericanus) traps. NY Fish Game J. 300): 67-77.

               Wenner, C.A., W.A. Roumillat, and C.W. Waltz. 1986. Contributions to the life history of black sea
               bass, Centropristis striata, off the Southeastem United States. U.S. Nati. Mar. Fish. Serv. Fish.
               Bull. 84 (3): 723-741.

               Wilson, H.V. 1891. The embryology of the sea bass (Serranusetrarius). U.S. Fish. Comm. Bull. for
               1989, 9: 209-277.

               Zdanowicz, V.S. and D. Gadbois. 1990. Contaminants in sediment and fish tissue from estuarine
               and coastal sites of the northeastern United States: data summary for the baseline phase of the
               national status and trends program benthic surveillance project, 1984-1986. Dept. of Comm.
               NOAA Tech. Mem. NMFS-F/NEC-79. 138 P.

               Zero Population Growth Reporter. 1994b. April issue. Washington, D.C.

               Zero Population Growth Reporter. 1994a. June issue. Washington, D.C.
















               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





                                                                                 I


                 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



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                                              El.  Feeding Habitat

                                                   Nursery Habitat


                                                NEW JERSEY
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              MURDERKILL
                 RIVER                                            CAPE
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                         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
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                                       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










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                              V-0
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                                                      a ny.'



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      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
































                                                            0




              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

                             r

















                                            0
                                           0
                                            0
                                            0

                                            CO




      ,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














                                                               0







           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








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                                    145






















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                                                                                       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--















           z











               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
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                100 -
















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                                                      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













             z

                 100--









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                     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








                    50
                                 
                     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


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                              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).

               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 any 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, 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

              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.

              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).

              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).

                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 26% and 75% retention lengths.

                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.

               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.

               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).

             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.

             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).

               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 4.0" 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.

               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



               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.).

             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.




             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.


                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. 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.

                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).

                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.


                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.

              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.

              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).

              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 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 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 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.


                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.




                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.

                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. 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.

                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.

                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.

                 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). LoAgo accounted for only 17%
                 of the landings.


                 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.

             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.


             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).

                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 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.

                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 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.

                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 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).

                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.)

                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.

               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.

               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.

              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 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 ï¿½t.                                                                   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



          4









                                              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

                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 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 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.

             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

             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


             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.

                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 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 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.

             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 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


             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.

                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.

                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.

                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


                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.

             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
             at that level.


             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.

             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 any 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.



             21 November 1995


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                 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 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.

                 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


                 21 November 1995


                                                                      RIR-8








             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.

             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.

             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.




             21 November 1995


                                                               RIR-9







                     (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.


                 21 November 1995


                                                                    RIR- 10







              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).

              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.

              1.5.1.2.5. 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
              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.

              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.

              1.5.1.2.6. 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.

              1.5.1.2.7. 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
              21 November 1995                                 RIR-11






                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.

                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).

                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.

                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.



                21 November 1995


                                                                RIR-12






              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.

              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.

              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
              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.

              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).




              21 November 1995


                                                                   RIR-13






                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.

                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%.

                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
                fishermen and still reduce the overfished condition of the stocks.


                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


                                                                   RIR-14







             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

             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.

             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

             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.

             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


                                                              RIR-15






                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 manager*nent 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.

                2.1.1.7. 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.

                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).

                These 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



                21 November 1995


                                                                 RIR-16







              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.


              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.

              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


                                                                  RIR-17






                 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.

                 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.

                 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


                                                                    RIR-18






              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).

              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

              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).

              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). Lofigo 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 4.0" 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


              21 November 1995


                                                                RIR-19







                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.

                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.


                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.).

             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 1/4" (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.


             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. 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


             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.

                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.

                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.

                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).

                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.

                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.


                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


                                                                   RIR-22






              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 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 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.

              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 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.

                 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.

                 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.

                 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.

                 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.
                                 -I                                                                                               I
                 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


                 21 November 1995


                                                                   RIR-24






              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.

              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 (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


              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


              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%).

               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:


               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 5.5w 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.

               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.

               2.4.3. Bimonthly commercial quota

               2.4.3. 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 tied been
               reached.


               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).

               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 any 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, pot, hook and line, or any other gear. If


               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.

             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.

             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 I allocation the following year.

             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

             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.

             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).

             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).

             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 see bass would be prohibited for the remainder of


             21 November 1995


                                                                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.

                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
                would be responsible for implementing trip limits for each period.

                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).

                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



                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 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 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.

                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" TL.


                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

             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
             season.


             2.4.8.2. 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.



             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.

             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


             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.


                    (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, 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).

             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.

             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.

             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).

             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). toligo 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 3.50 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.

                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.


                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.
             ï¿½648.3 Relation to other laws.
             ï¿½648.4 Vessel permits.
             1648.5 Dealer permit.
             ï¿½648.6 Operator permits.
             1648.7 Recordkeeping and reporting requirements.
             1648.8 Vessel identification.
             ï¿½648.9 Prohibitions.
             ï¿½648.10 Facilitation of enforcement.
             1648.11 Penalties.


                                                Subpart 8 - Management Measures
             1648.20 Catch quotas and other restrictions.
             ï¿½648.21 Closure.
             1648.22 Time restrictions.
             ï¿½648.23 Minimum size.
             ï¿½648.24 Gear restrictions.
             ï¿½648.25 Possession limit.
             1648.26 Sea sampler program.
             1648.27 Experimental fishery.
             1648.28 Experimental fishery.
             ï¿½648.29 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.

                    ï¿½648.2 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


 A






                       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 ï¿½648.4 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
                ï¿½648.25.


                       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.

                       ï¿½648.3 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.

                       ï¿½648.4 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
                ï¿½648.25 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


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                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 ï¿½648.6 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.

                      ï¿½648.5 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.

                ï¿½648.6 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 ï¿½648.4. 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 ï¿½648.4 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.

                       (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


               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.

                     (c) Owners of party and charter boats.

                     (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.

                        ï¿½648.9 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 ï¿½648.8;

                       (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 ï¿½648.24(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 ï¿½648.24,
               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 ï¿½648.24(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 ï¿½648.5;

                       (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 ï¿½648.4; 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 ï¿½648.4, 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 ï¿½648.23(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







                      (c) It is unlawful for any person to do any of the following:

                      (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 ï¿½648.22, unless the person is operating
              a vessel issued a moratorium permit under ï¿½648.4 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 ï¿½648.24 if
              the person possesses black sea bass harvested in or from the EEZ in excess of the threshold limit of
              ï¿½648.24(a).

                      (4) If subject to the permit requirements in ï¿½648.4 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 ï¿½648.4 unless in possession of a valid permit issued under
              ï¿½648.5;

                      (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 ï¿½648.5 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 "ï¿½648.4(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 ï¿½648.28 or to fail to keep such letter aboard the vessel during the time period of the
              experimental fishing.

                      1648.10 Faclitation of enforcement

                      See ï¿½620.8 of this chapter.



 A            21 November 199s                                   DPR - 11







                       1648.11 Penalties.
                       See ï¿½620.9 of this chapter. Subpart B - Management Measures

                       ï¿½648.20 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'

                     ï¿½648.22 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 ï¿½648.20.

                     ï¿½648.23 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 ï¿½648.4, 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 ï¿½648.4 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 ï¿½648.24(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 ï¿½648.20.

                       (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 ï¿½648.20 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 ï¿½648.4 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
                ï¿½648.4, 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 ï¿½ 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.

                         ï¿½648.26 Sea sampler program.

                         (a) Request to take see sampler. The Regional Director may request a fishing vessel issued a pe it
                under ï¿½648.4 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.

             ï¿½648.28 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.











































              21 November 1995                                  App 5        3



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