[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43217-43224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21259]


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DEPARTMENT OF COMMERCE
50 CFR Part 648

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


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

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

ACTION: Proposed rule; request for comments.

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

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

ADDRESSES: Comments on the proposed rule or supporting documents should 
be sent to Dr. Andrew A. Rosenberg, Regional Director, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Black Sea Bass Fishery.''
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent 
to the Director, Northeast Region, NMFS, at the address above and the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, D.C. 20502 (Attention: NOAA Desk Officer).
    Copies of Amendment 9, the final environmental impact statement 
(FEIS), the Mid-Atlantic Fishery Management Council's initial 
regulatory flexibility analysis, the regulatory impact review, and 
other supporting documents are available upon request from David R. 
Keifer, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115 Federal Building, 300 S. New Street, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

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

Status of the Stocks

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

[[Page 43218]]

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

Disapproved Measures

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

Proposed Measures

Vessel, Dealer, and Operator Permits

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

Reporting and Recordkeeping

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

Minimum Fish Sizes

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

Minimum Mesh Size

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

[[Page 43219]]

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

Maximum Roller Size

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

Pot and Trap Gear Requirements

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

Harvest Limit

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

Recreational Measures

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

Special Management Zones

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

Classification

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

[[Page 43220]]

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

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

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

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

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


Sec. 648.1  Purpose and scope.

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


Sec. 648.4  Vessel permits.

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

[[Page 43221]]

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


Sec. 648.5  Operator permits.

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


Sec. 648.6  Dealer/processor permits.

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


Sec. 648.7  Recordkeeping and reporting requirements.

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


Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Director may request any vessel holding a permit 
for the Atlantic mackerel, squid, and butterfish; sea scallop; NE 
multispecies; summer flounder, or, as of [insert date 90 days after the 
effective date of the final rule], black sea bass fisheries to carry a 
NMFS-approved sea sampler/observer. If requested by the Regional 
Director to carry an observer or sea sampler, a vessel may not engage 
in any fishing operations in the respective fishery unless an observer 
or sea sampler is

[[Page 43222]]

aboard, or unless the requirement is waived.
* * * * *
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit or, as of [insert date 90 days after the effective 
date of the final rule], a black sea bass moratorium permit, if 
requested by the sea sampler/observer also must:
* * * * *
    9. Section 648.12 is revised to read as follows:


Sec. 648.12  Experimental fishing.

    The Regional Director may exempt any person or vessel from the 
requirements of subparts B (Atlantic mackerel, squid, and butterfish), 
D (sea scallop), E (surf clam and ocean quahog), F (NE multispecies), G 
(summer flounder), or I (black sea bass), of this part for the conduct 
of experimental fishing beneficial to the management of the resources 
or fishery managed under that subpart. The Regional Director shall 
consult with the Executive Director of the Council regarding such 
exemptions for the Atlantic mackerel, squid, and butterfish, the summer 
flounder and the black sea bass fisheries.
    10. In Sec. 648.14, paragraph (a)(8) is revised, paragraphs 
(a)(80), (a)(81), and (a)(82) are added, paragraph (t) is redesignated 
as paragraph (v), and new paragraph (t), and paragraphs (u) and (v)(6) 
are added to read as follows:


Sec. 648.14  Prohibitions.

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

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

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

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


Sec. 648.140  Catch quotas and other restrictions.

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

[[Page 43223]]

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


Sec. 648.141  Closure.

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


Sec. 648.142  Time restrictions.

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


Sec. 648.143  Minimum sizes.

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


Sec. 648.144  Gear restrictions.

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

[[Page 43224]]

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


Sec. 648.145  Possession limit.

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


Sec. 648.146  Special management zones.

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