[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6810-6811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3969]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Chapter VI

[I.D. 021296A]


Mid-Atlantic Fishery Management Council; Hearings on the Black 
Sea Bass Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Public hearings; request for comments.

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

SUMMARY: The Mid-Atlantic Fishery Management Council (Council) will 
hold public hearings to allow for input on the proposed Fishery 
Management Plan for the Black Sea Bass Fishery (FMP).

DATES: Written comments will be accepted on or before April 2, 1996. 
The hearings will be held during the months of February and March. See 
SUPPLEMENTARY INFORMATION for times and dates of hearings.

ADDRESSES: Send comments to David R. Keifer, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115 Federal Building, 300 
South New Street, Dover, DE 19904. The public hearings will be held in 
Virginia, New Jersey, North Carolina, Maryland, Rhode Island, 
Massachusetts, and New York. See SUPPLEMENTARY INFORMATION for the 
locations of the hearings.

FOR FURTHER INFORMATION CONTACT: David R. Keifer, (302) 674-2331.

SUPPLEMENTARY INFORMATION: The FMP, prepared by the Council, is 
intended to manage the black sea bass (Centropristis striata) fishery 
pursuant to the Magnuson Fishery Conservation and Management Act of 
1976, as amended. The management unit consists of black sea bass in 
U.S. waters in the western Atlantic Ocean from Cape Hatteras, NC, 
northward to the U.S.-Canadian border. The objectives of the FMP are 
to: (1) Reduce fishing mortality in the black sea bass fishery to 
ensure 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; and (6) minimize 
regulations to achieve the management objectives stated above.
    Overfishing for black sea bass is defined as fishing in excess of 
the Fmax level. Based on current conditions in the fishery, 
Fmax is 0.29 (an annual exploitation rate of 23 percent).
    The recovery strategy calls for minimum fish sizes and commercial 
gear regulations in years 1 and 2. In years 3 to 5, target exploitation 
rates would be 48 percent for black sea bass. In years 6 and 7, the 
target exploitation rates would be 37 percent and in year 8 and 
subsequent years, the target exploitation rate would be based on 
Fmax.

Management Measures

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

Years 1 and 2

    1. A 9-inch (229 mm) total length (TL) minimum fish size in all 
fisheries. A maximum of a 5-percent tolerance by weight of undersized 
black sea bass would be allowed on vessels issued moratorium permits. 
Black sea bass less than 9 inches (229 mm) TL could not be sold.
    2. The minimum otter trawl mesh size for vessels retaining more 
than 100 lb of black sea bass would be 4.0 inches (102 mm) (stretch 
mesh inside measure).
    3. Black sea bass pots would be required to have a minimum escape 
vent of 1-1/8 inches (28 mm) x 6 inches (152 mm), or 2.5 inches (66 mm) 
in diameter. The escape vent provision would be implemented at the 
start of the first calendar year following FMP approval, so the fishers 
would not be required to pull their pots and rebuild them in the middle 
of the season.

Years 3 and Subsequent

    1. A 10-inch (254-mm) TL minimum fish size in all fisheries that 
may be 

[[Page 6811]]
adjusted annually on a framework basis. A maximum of a 5-percent 
tolerance by weight of undersized black sea bass would be allowed on 
vessels issued moratorium permits. Black sea bass less than 10 inches 
(254 mm) TL could not be sold.
    2. Black sea bass pots would be required to have a minimum escape 
vent of 1-1/4 inches (32 mm) x 6 inches (152 mm), or 2.75 inches (70 
mm) in diameter.
    3. The minimum mesh size for vessels retaining more than 100 lb 
(45.36 kg) of black sea bass would be 4.5 inches (114 mm) (stretch mesh 
inside measure). The minimum mesh size may be adjusted annually on a 
framework basis.
    4. Prior to year 3 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 3, additional measures would 
be implemented by the Director, Northeast Region, NMFS (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 a 
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 January 26, 
1988, and January 26, 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-inch (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-inch (1.6 mm) diameter or smaller.
    8. A maximum size of 18 inches (457 mm) 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 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 transferable quotas.
    6. Seasonal dependent minimum sizes in the commercial fishery: A 
10-inch (254 mm) TL minimum size from October 1 - April 30 and a 9-inch 
(229 mm) 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-inch (229 mm) TL minimum fish size and a 3.5-inch (89 mm) 
minimum square mesh size in the otter trawl fishery when the vessel has 
100 lb (45.36 kg) or more of black sea bass on board.

Hearings

    All hearings will begin at 7 p.m., except the New York hearing, 
which begins at 7:30 p.m. The hearings will be tape recorded with the 
tapes filed as the official transcript of the hearing. The hearings are 
scheduled as follows:
    1. February 26, 1996--Days Inn, 5807 Northampton Boulevard, 
Virginia Beach, VA.
    2. February 26, 1996--Ocean Place Hilton, One Ocean Boulevard, Long 
Branch, NJ.
    3. February 27, 1996--Cape May Extension Office, Dennisville Road, 
Cape May, NJ.
    4. February 27, 1996--North Carolina State Aquarium, Airport Road, 
Manteo, NC.
    5. February 28, 1996--Dunes Manor, 28th Street and the Ocean, Ocean 
City, MD.
    6. March 5, 1996--Holiday Inn, Routes 1 and 138, S. Kingston, RI.
    7. March 6, 1996--Massachusetts Maritime Academy, Academy Drive, 
Buzzards Bay, MA.
    8. March 7, 1996--Holiday Inn, 3845 Veterans Memorial Highway, 
Ronkonkoma, NY.

Special Accommodations

    These hearings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Joanna Davis at (302) 674-2331.

    Dated: February 15, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-3969 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-22-F