Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6935

ensure that the review is complete and

is based on the best available

information. In addition, NMFS is

soliciting information and comments

concerning other areas in the U.S.

Caribbean where the designation of

critical habitat for listed sea turtles may

be warranted. We request that the

information and comments be

accompanied by (1) supporting

documentation such as maps, biological

references or reprints of pertinent

publications and (2) the person’s name,

address and association, institution, or

business that the person represents.

Dated: February 10, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–3806 Filed 2–13–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 697

[Docket No. 950605148–7018–04; I.D.

091696A]

RIN 0648–AH58

Atlantic Coast Weakfish Fishery;

Change in Regulations for the

Exclusive Economic Zone

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS requests public

comment on proposed regulations for

the exclusive economic zone (EEZ)

offshore from Maine through Florida

that would implement a minimum size

limit of 12 inches (30.5 cm) (total

length); minimum mesh sizes in the EEZ

of 3–1/4 inch (8.3 cm) square stretch

mesh or 3 3/4–inch (9.5 cm) diamond

stretch mesh for trawls, and 2 7/8–inch

(7.3 cm) stretch mesh for gill nets; a

bycatch possession limit of 150 lb for

fisheries using smaller mesh sizes for

any one day or trip, whichever is longer;

a prohibition on the use of flynets in the

EEZ south of Cape Hatteras; and a

requirement that weakfish harvested for

commercial purposes in the EEZ be

landed only in the following states:

Massachusetts, Rhode Island,

Connecticut, New York, New Jersey,

Delaware, Maryland, Virginia, North

Carolina, or Florida. In addition,

weakfish fishing must be in accordance

with a state’s laws if the state’s

regulations are more restrictive than the

Federal regulations. The intent of the

proposed regulations is to provide

protection to the overfished stock of

weakfish, ensure the effectiveness of

state regulations, and aid in the

rebuilding of the stock.

DATES: Written comments must be

received on or before March 17, 1997.

ADDRESSES: Comments on the proposed

rule should be sent to, and copies of

supporting documents, including a Draft

Supplemental Environmental Impact

Statement and Regulatory Impact

Review (DSEIS/RIR), are available from

Richard H. Schaefer, Chief, Staff Office

for Intergovernmental and Recreational

Fisheries, NMFS, 8484 Georgia Avenue,

Suite 425, Silver Spring, MD 20910–

3282. NMFS will hold public hearings

to receive comments from fishery

participants and other members of the

public regarding these proposed

regulations. The dates and locations of

public hearings will be announced by

notice in the Federal Register at least 2

weeks prior to the public hearing dates.

FOR FURTHER INFORMATION CONTACT:

Thomas Meyer/Paul Perra, 301–427–

2014.

SUPPLEMENTARY INFORMATION:

Background

Section 804(b) of the Atlantic Coastal

Fisheries Cooperative Management Act

(Atlantic Coastal Act), 16 U.S.C. 5101 et

seq., states that, in the absence of an

approved and implemented Fishery

Management Plan (FMP) under the

Magnuson-Stevens Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.) (Magnuson-Stevens

Act), and after consultation with the

appropriate Fishery Management

Council(s), the Secretary of Commerce

(Secretary) may implement regulations

to govern fishing in the EEZ (i.e., from

3–200 nautical miles (5.6–370.6 km)).

These regulations must be (1)

compatible with the effective

implementation of an Interstate Fishery

Management Plan (ISFMP) developed

by the Atlantic States Marine Fisheries

Commission (Commission), and (2)

consistent with the national standards

set forth in section 301 of the

Magnuson-Stevens Act (16 U.S.C. 1851).

The Commission adopted a weakfish

ISFMP in 1985 and amended the plan

in October 1991 and 1994. In 1995, the

Commission began development of

Amendment 3 to rebuild declining

stocks of weakfish. Amendment 3 was

adopted by the Commission in 1996.

Federal regulations were needed in the

EEZ to support the Commission’s effort

to protect weakfish.

The Mid-Atlantic Fishery

Management Council (MAFMC) is the

lead Council for developing weakfish

regulations in the EEZ. The MAFMC has

listed weakfish as a species in need of

management but has not, to date,

developed an FMP for the species. The

MAFMC has indicated that, because of

its heavy workload managing other

species, the development of a Federal

weakfish plan would not be possible

this year. Therefore, Federal actions

authorized by the Atlantic Coastal Act

remain the most effective means of

instituting management measures in the

EEZ that will support the Commission’s

ISFMP for weakfish (Weakfish Plan).

On November 27, 1995, the Secretary,

after consultations with the

Commission, the New England, MidAtlantic, and South Atlantic Fishery

Management Councils, and the U.S.

Fish and Wildlife Service implemented

a final rule (published at 60 FR 58246)

to impose a moratorium on fishing for

weakfish in the EEZ in accordance with

the Atlantic Coastal Act. However, the

rule was invalidated by the U.S. Federal

District Court, Norfolk, VA, on February

16, 1996. The basis for the court’s

decision was that Amendment 2 to the

Weakfish Plan did not contain

recommendations to the Secretary on

management in the EEZ and, therefore,

cannot be considered a valid FMP under

the Atlantic Coastal Act. The

moratorium was not enforced as of

February 16, 1996, and the regulations

implementing the moratorium were

formally suspended on July 3, 1996 (61

FR 34746). The Atlantic Coastal Act was

amended on October 11, 1996, by

section 404 of the Sustainable Fisheries

Act. The revision removed the

requirement that a Commission Coastal

Fishery Management Plan must contain

a recommendation to the Secretary on

management in the EEZ.

Amendment 3 to the Weakfish Plan

was adopted by the Commission in May

1996 and included the Commission’s

recommendation that the Secretary take

the following steps by October 1, 1996,

concerning management of weakfish in

the EEZ:

1. Require a minimum weakfish size

of 12 inches (30.5 cm) total length.

2. Require that weakfish harvested in

the EEZ be landed in accordance with

the landing laws of the state in which

they are landed, with the exception that

weakfish caught in the EEZ may not be

landed in a ‘‘de minimis’’ state (a state

where the landings are so low that the

Commission’s Weakfish Fisheries

Management Board has exempted that

state from some of its regulatory

responsibilities under the Weakfish

Plan).

3. Require minimum mesh sizes in the

EEZ, consistent with a 12–inch (30.5–

cm) minimum fish size. Non-directed

fisheries using smaller mesh sizes may

possess no more than 150 lb of weakfish
6936 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

during any one day or trip, whichever

is longer.

4. Require the use of flynets in EEZ

waters south of Cape Hatteras to be

consistent with adjacent state

regulations.

Purpose

Weakfish (Cynoscion regalis), a

member of the family Sciaenidae, is

considered a single stock along the

Atlantic coast, ranging from Maine to

Florida. The species is most abundant in

shallow coastal and estuarine waters

from North Carolina to New York. The

center of weakfish abundance in the

winter ranges from North Carolina

southward and in the summer from

Delaware northward. Weakfish are taken

both in directed fisheries and as a

bycatch in other fisheries.

Weakfish populations are overfished;

total landings have declined yearly,

from 35,667 mt (78.6 million lb) in 1980

to 3,573 mt (7.9 million lb) in 1994,

before increasing slightly in 1995 to

3,933 mt (8.7 million lb).

The fishing mortality rate (F) for age

2–7+ weakfish averaged 1.90 for the

period 1991–1994, (i.e., 80 percent of

the population was harvested each

year), which is about four times the rate

that would protect and rebuild the

stock. In Amendment 3 to the Weakfish

Plan, the Commission recommended an

F rate of 0.50 to rebuild the stock. Since

1979, F has only been below 1.0 twice;

in 1979, the F rate was 0.40, and in

1982, the F rate was 0.87.

Concurrent with high fishing

mortality, in recent years the weakfish

stock has exhibited a reduction in

spawning stock biomass. In 1994 and

1995, only 5 percent of the population

achieved spawning age, far short of the

20 percent or greater needed to sustain

and rebuild the stock. There has been a

severe reduction in the number of age

classes (age 4 or older) in the population

since 1989. Recruitment studies

conducted at different areas along the

coast show juvenile recruitment in 1993

to be at its lowest levels since these

studies were begun; 1994 showed a

slight increase, while 1995 showed a

nine-fold increase. Therefore,

recruitment to the stock remains

variable and fluctuating.

The proposed rule would implement

a minimum-size limit of 12 inches (30.5

cm) in total length (measured as a

straight line along the bottom of the fish

from the tip of the lower jaw with the

mouth closed to the end of the lower tip

of the tail) in the EEZ; require minimum

mesh sizes in the EEZ of 3 1/4–inch (8.3

cm) square stretch mesh or 3 3/4–inch

(9.5 cm) diamond stretch mesh for

trawls, and 2 7/8–inch (7.3 cm) stretch

mesh for gillnets; require that fisheries

using smaller mesh sizes possess no

more than 150 lb of weakfish bycatch

during any one day or trip, whichever

is longer; prohibit the use of flynets in

the EEZ south of Cape Hatteras; and

require that weakfish harvested for

commercial purposes in the EEZ be

landed only in the following states:

Massachusetts, Rhode Island,

Connecticut, New York, New Jersey,

Delaware, Maryland, Virginia, North

Carolina, or Florida. In addition,

weakfish fishing must be in accordance

with a state’s laws if the state’s

regulations are more restrictive than the

Federal regulations.

In Amendment 3, the Commission

recommended that the Secretary

prohibit flynets south of Cape Hatteras.

The flynet is a relatively recent

development, which has progressed

from a ‘‘high rise’’ type shrimp net of

the late 1960s to its present form.

Flynets are modified trawl nets with

large mesh in the wings and mid-section

of the trawl. They have short, smallermesh tail bags and usually extra

floatation devices (floats, kites, or

paravanes) on the headrope. Flynets are

further described as modified trawl nets

with any part of the body (belly) section

having more than 10 continuous meshes

of 7–inch (17.8 cm) or greater stretched

mesh (webbing) behind the bottom and

top line with tailbags less than 15 ft (4.6

m) in length. However, since other trawl

nets can be modified in numerous ways

to mimic the fishing ability of flynets,

for the purpose of this regulation, it is

easier to describe what flynets are not.

Flynets are not shrimp trawls with

certified BRDs or trawl nets that comply

with gear restrictions specified at 50

CFR 648.104 for the summer flounder

fishery and contain an approved TED as

defined at 50 CFR 217.12. These two

trawl net types are the only trawls

allowed in the area closed to flynets.

The South Atlantic Fishery Management

Council (SAFMC) has submitted

Amendment 2 (Bycatch Reduction) to

the Fishery Management Plan for the

Shrimp Fishery of the South Atlantic

Region (Shrimp Plan) for Secretarial

review. A proposed rule was published

on January 6, 1997 (62 FR 720), that

would implement a program to certify

specific types of BRDs for shrimp

trawls. Since regulations for

Amendment 2 to the Shrimp Plan are

still in the proposed rule stage, this

weakfish proposed rule restates the

requirements for BRDs that appeared in

the Shrimp Plan Amendment 2

proposed rule. If Amendment 2 to the

Shrimp Plan is approved, and the final

rule for the Shrimp Plan is published,

the weakfish final rule will cite the

relevant part and section in the Code of

Federal Regulations containing the

Shrimp Plan regulations and will not

include language that describes each

certified BRD in the weakfish

regulations.

The two differences between what the

Commission recommended in

Amendment 3 for regulations in the EEZ

and the proposed Federal regulations

are: (1) Weakfish harvested for

commercial purposes in the EEZ may be

landed only in jurisdictions that are

declared participants in the

Commission’s Weakfish Plan; this

would prohibit weakfish caught in the

EEZ from being landed in the states of

Maine, New Hampshire, Pennsylvania,

or in Washington, DC. These states and

Washington, DC, in addition to South

Carolina and Georgia, which were

granted de minimis status from the

Commission under Amendment 3 to the

Weakfish Plan, represent the six

jurisdictions in which weakfish caught

in the EEZ may not be landed.

This action supports the

Commission’s Weakfish Plan by not

allowing any ‘‘loopholes’’ in the ability

of the plan to control the commercial

fishery. Under the Weakfish Plan,

individual states control commercial

landings by the use of seasons and/or

gear. De minimis states and states that

are not declared participants in the

Weakfish Plan are relieved of these

seasonal and/or gear and reporting

requirements; lack of these requirements

could lead to uncontrolled commercial

landings of EEZ-caught weakfish in

these states. These landings would

undermine the individual state’s ability

and the Weakfish Plan’s ability to

control the commercial fishery. It is

unlikely that weakfish caught

commercially in the EEZ would be

transported for sale to the states along

the Gulf of Mexico or any foreign port

but, in the event this occurs, NMFS

would act to curtail this activity; and (2)

if a state has implemented more

restrictive weakfish conservation

measures in state waters than those

proposed for the EEZ, the state’s more

restrictive regulations will apply to

weakfish caught in the EEZ when they

are landed in that state.

The proposed rule would provide an

initial step to protect the stock and

supports the efforts by the Commission

and its member states to rebuild the

stock; it would provide protection for

young Atlantic Coast weakfish in the

EEZ, especially south of Cape Hatteras,

by implementing supportive measures

that match state regulations as requested

by the Commission’s Weakfish Plan

(North Carolina does not allow
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6937

flynetting in the EEZ south of Cape

Hatteras but can only enforce this

regulation in the EEZ on flynetters

registered in the State of North

Carolina); it would help states to enforce

their weakfish regulations by only

allowing the landing of commercially

caught weakfish in the above-mentioned

states that have commercial seasons and

only during their commercial weakfish

fishing season; it allows state

regulations that are more restrictive than

those proposed for the EEZ to apply to

weakfish caught in the EEZ when they

are landed in that state; and it is

consistent with the national standards

of the Magnuson-Stevens Act.

Additional background for this rule is

available and contained in a DSEIS/RIR

prepared by NMFS for this rule (see

ADDRESSES).

Classification

The Assistant Administrator for

Fisheries has preliminarily determined

that these actions are compatible with

the effective implementation of the

Commission’s coastal fishery

management plan, and consistent with

the national standards of the MagnusonStevens Act. The Secretary, before

making the final determinations, will

take into account the data, views, and

comments received during the comment

period.

Five different alternatives to regulate

the harvest of weakfish in the EEZ were

examined in the DSEIS/RIR. Alternative

D, which applies compatible Federal

regulations in the EEZ, provides the

greatest support for the Commission’s

Weakfish Plan. Alternatives prohibiting

the harvest and possession or harvest

only in the EEZ were also considered,

as well as alternatives establishing

separate specific regulations in the EEZ,

applying state regulations in the EEZ, or

doing nothing at all. NMFS determined

that, among the alternatives analyzed,

the Federal measures discussed above

are the most appropriate measures to

support the Commission’s Weakfish

Plan. NMFS is interested in comments

on the alternatives examined in the

DSEIS/RIR and any other appropriate

measures to achieve the stated goal.

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 as

follows:

I certify that this proposed rule, if adopted,

would not have a significant economic

impact on a substantial number of small

entities. The proposed rule would implement

a minimum size limit of 12 inches (total

length); a minimum mesh sizes in the EEZ of

3 1/4–inch square stretch mesh or 3 3/4–inch

diamond stretch mesh for trawls, and 2 7/8–

inch stretch mesh for gill nets; a bycatch

possession limit of 150 lb for fisheries using

smaller mesh sizes for any one day or trip,

whichever is longer; a prohibition on the use

of flynets in the EEZ south of Cape Hatteras;

and a requirement that weakfish harvested

commercially in the EEZ be landed only in

the following states: Massachusetts, Rhode

Island, Connecticut, New York, New Jersey,

Delaware, Maryland, Virginia, North

Carolina, and Florida and in accordance with

the states’ landing laws if their regulations

are more restrictive than the EEZ Federal

regulations. The intent of the proposed

regulations is to provide protection to the

overfished stock of weakfish, ensure the

effectiveness of state regulations, and to aid

in the rebuilding of the stock.

The entire commercial weakfish fishery in

the EEZ in 1995 was valued at $1.2 million.

The value had previously ranged from a low

of $240,022 in 1972 to a high of $3.5 million

in 1982 (averaging $1.7 million for 1972–

1994). North Carolina dominated the

weakfish commercial catch by harvesting 68

percent of all the weakfish caught in the EEZ

in 1993. In the North Carolina fishery, flynet

trawls harvest the majority of the fish, but the

number of boats has declined from 20–25 to

11–15 over the last few years. Likewise, the

number of gillnet boats has declined from

over 70 to approximately 10–15 boats. These

declines have occurred primarily due to the

lack of weakfish as the fishermen have

directed on other species such as dog fish

sharks, flounder, and croaker. This proposed

rule will result in these 11–15 flynet boats to

either move shoreward to state waters or

directing their fishing effort on other species

in the EEZ, which will mitigate any

economic effects of this rule. The greatest

threat to small business entities is the lack of

meaningful weakfish regulations that will aid

in the rebuilding of the weakfish stock. This

proposed rule will allow the rebuilding of the

weakfish stock.

As a result, a regulatory flexibility

analysis was not prepared. Further

information is available in the DSEIS/

RIR (See ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 697

Fisheries, Fishing.

Dated: February 10, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Chapter VI, part 697,

is proposed to be revised to read as

follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

Sec.

697.1 Purpose and scope.

697.2 Definitions.

697.3 Relation to the Magnuson-Stevens

Act.

697.4 Relation to state law.

697.5 Civil procedures.

697.6 Specifically authorized activities.

697.7 Prohibitions.

Authority: 16 U.S.C. 5101 et seq.; 16 U.S.C.

1851 note.

§ 697.1 Purpose and scope.

The regulations in this part

implement section 804(b) of the Atlantic

Coastal Fisheries Cooperative

Management Act, 16 U.S.C. 5101 et seq.,

and section 6 of the Atlantic Striped

Bass Conservation Act Appropriations

Authorization, 16 U.S.C. 1851 note, and

govern fishing in the EEZ on the

Atlantic Coast for species covered by

those acts.

§ 697.2 Definitions.

In addition to the definitions in

§ 600.10 of this chapter, the terms in

this part have the following meanings:

Atlantic striped bass means members

of stocks or populations of the species

Morone saxatilis found in the waters of

the Atlantic Ocean north of Key West,

FL.

Block Island Southeast Light means

the aid to navigation light located at

Southeast Point, Block Island, RI, and

defined as follows: Located at

40°09.2′N. lat., 71°33.1′W. long; is 201 ft

(61.3 m) above the water; and is shown

from a brick octagonal tower 67 ft (20.4

m) high attached to a dwelling on the

southeast point of Block Island, RI.

BRD means bycatch reduction device.

Certified BRDs means any of the

following BRDs: Extended Funnel BRD,

Expanded Mesh BRD, and Fisheye BRD.

Commercial purposes - means for the

purpose of selling or bartering all or part

of the fish harvested.

Commission means the Atlantic States

Marine Fisheries Commission

established under the interstate compact

consented to and approved by Congress

in Public Laws 77–539 and 81–721.

Continuous transit means that a vessel

does not have fishing gear in the water

and remains continuously underway

while in the EEZ.

De minimis state means any state

where the landings are so low that the

Commission’s Fisheries Management

Board has exempted that state from

some of its regulatory responsibilities

under an Interstate Fishery Management

Plan.

Directed fishery means any vessel/

person fishing for a stock using gear or

strategies intended to catch a given

target species, group of species, or size

class. For the purpose of this regulation,

any vessel/person targeting weakfish.
6938 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

Expanded mesh BRD means a BRD

that is constructed and installed exactly

the same as the standard size extended

funnel BRD, except that one side of the

funnel is not extended to form a lead

panel.

Extended funnel BRD means a BRD

that consists of an extension with largemesh webbing in the center (the largemesh escape section) and small-mesh

webbing on each end, held open by a

semi-rigid hoop. A funnel of small-mesh

webbing is placed inside the extension

to form a passage for shrimp to the

codend. It also creates an area of

reduced water flow to allow for fish

escapement through the large mesh. One

side of the funnel is extended vertically

to form a lead panel and area of reduced

water flow. There are two sizes of

extended funnel BRDs, a standard size

and an inshore size for small trawls.

(1) Minimum construction and

installation requirements for standard

size—(i) Extension material. The smallmesh sections used on both sides of the

large-mesh escape section are

constructed of 1 5/8–inch (4.13 cm), No.

30 stretched mesh, nylon webbing. The

front section is 120 meshes around by

6 1/2 meshes deep. The back section is

120 meshes around by 23 meshes deep.

(ii) Large-mesh escape section. The

large-mesh escape section is constructed

of 8 to 10–inch (20.3 to 25.4 cm),

stretched mesh, webbing. This section is

cut on the bar to form a section that is

15 inches (38.1 cm) in length by 95

inches (241.3 cm) in circumference. The

leading edge is attached to the 6 1/2–

mesh extension section and the rear

edge is attached to the 23–mesh

extension section.

(iii) Funnel. The funnel is constructed

of 1 1/2–inch (3.81 cm), stretched mesh,

No. 30 depth-stretched and heat-set

polyethylene webbing. The

circumference of the leading edge is 120

meshes and the back edge is 78 meshes.

The short side of the funnel is 34 to 36

inches (86.4 to 91.4 cm) long and the

opposite side of the funnel extends an

additional 22 to 24 inches (55.9 to 61.0

cm). The leading edge of the funnel is

attached three meshes forward of the

leading edge of the large-mesh escape

section. Seven meshes of the short side

of the funnel are attached to the back

section of extension webbing on the top

and bottom eight meshes back from the

trailing edge of the large-mesh escape

section. The extended side of the funnel

is attached on a slight angle to the top

and bottom of the back extension

webbing.

(iv) Semi-rigid hoop. A 30–inch (76.2

cm) diameter hoop constructed of

plastic-coated trawl cable, swaged

together with a 3/8–inch (9.53 mm)

micropress sleeve, is installed five

meshes behind the trailing edge of the

large-mesh escape section. The

extension webbing must be laced to the

ring around the entire circumference

and must be equally distributed on the

hoop; that is, 30 meshes must be evenly

attached to each quadrant.

(v) Installation. The extended funnel

BRD is attached 8 inches (20.3 cm)

behind the posterior edge of the TED. If

it is attached behind a soft TED, a

second semi-rigid hoop, as prescribed in

paragraph (1)(ii) of this definition, must

be installed in the front section of the

BRD extension webbing at the leading

edge of the funnel. The codend of the

trawl net is attached to the trailing edge

of the BRD.

(2) Minimum construction and

installation requirements for inshore

size—(i) Extension material. The smallmesh sections used on both sides of the

large-mesh escape section are

constructed of 1 3/8–inch (3.5 cm), No.

18 stretched mesh, nylon webbing. The

front section is 120 meshes around by

6 1/2 meshes deep. The back section is

120 meshes around by 23 meshes deep.

(ii) Large-mesh escape section. The

large-mesh escape section is constructed

of 8 to 10–inch (20.3 to 25.4 cm),

stretched mesh, webbing. This section is

cut on the bar to form a section that is

15 inches (38.1 cm) by 75 inches (190.5

cm) in circumference. The leading edge

is attached to the 6 1/2–mesh extension

section and the rear edge is attached to

the 23–mesh extension section.

(iii) Funnel. The funnel is constructed

of 1 3/8–inch (3.5 cm), stretched mesh,

No. 18 depth-stretched and heat-set

polyethylene webbing. The

circumference of the leading edge is 120

meshes and the back edge is 78 meshes.

The short side of the funnel is 30 to 32

inches (76.2 to 81.3 cm) long and the

opposite side of the funnel extends an

additional 20 to 22 inches (50.8 to 55.9

cm). The leading edge of the funnel is

attached three meshes forward of the

leading edge of the large-mesh escape

section. Seven meshes of the short side

of the funnel are attached to the back

section of extension webbing on the top

and bottom eight meshes back from the

trailing edge of the large mesh section.

The extended side of the funnel is

attached on a slight angle to the top and

bottom of the back extension webbing.

(iv) Semi-rigid hoop. A 24–inch (61.0

cm) diameter hoop constructed of

plastic-coated trawl cable, swaged

together with a 3/8–inch (9.53 mm)

micropress sleeve, is installed five

meshes behind the trailing edge of the

large-mesh section. The extension

webbing must be laced to the ring

around the entire circumference and

must be equally distributed on the hoop,

that is, 30 meshes must be evenly

attached to each quadrant.

(v) Installation. The extended funnel

BRD is attached 8 inches (20.3 cm)

behind the posterior edge of the TED. If

it is attached behind a soft TED, a

second semi-rigid hoop, as prescribed in

paragraph (1)(iii) of this definition, must

be installed in the front section of the

BRD extension webbing at the leading

edge of the funnel. The codend of the

trawl net is attached to the trailing edge

of the BRD.

Fish, when used as a verb, for the

purposes of this part, means any activity

that involves:

(1) The catching, taking, or harvesting

of fish;

(2) The attempted catching, taking, or

harvesting of fish;

(3) Any other activity that can

reasonably be expected to result in the

catching, taking, or harvesting of fish; or

(4) Any operations at sea in support

or, or in preparation for, any activity

described in paragraph (1), (2), or (3) of

this definition.

Fisheye BRD means a BRD that is a

cone-shaped rigid frame constructed

from aluminum or steel rod of at least

1/4–inch (0.64 cm) diameter, which is

inserted into the codend to form an

escape opening. Fisheyes of several

different shapes and sizes have been

tested in different positions in the

codend. The fisheye has a minimum

opening dimension of 5 inches (12.7

cm) and a minimum total opening area

of 36 square inches (91.4 square cm).

The fisheye must be installed in the

codend of the trawl to create an opening

in the trawl facing in the direction of the

mouth of the trawl no farther forward

than 11 ft (3.4 m) from the codend tieoff rings.

Flynets, for the purpose of this part,

means any trawl net, except shrimp

trawl nets containing certified BRDs,

and except trawl nets that comply with

the gear restrictions specified at

§ 648.104 of this chapter for the summer

flounder fishery and contain an

approved TED, as defined at § 217.12 of

this title.

Land means to begin offloading fish,

to offload fish, or to enter port with fish.

Montauk Light means the aid to

navigation light located at Montauk

Point, NY, and defined as follows:

Located at 41°04.3′N. lat., 71°51.5′’W.

long.; is shown from an octagonal,

pyramidal tower, 108 ft (32.9 m) high;

and has a covered way to a dwelling.

Point Judith Light means the aid to

navigation light located at Point Judith,

RI, and defined as follows: Located at

41°21.7′N. lat., 71°28.9′W. long.; is 65 ft

(19.8 m) above the water; and is shown
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6939

from an octagonal tower 51 ft (15.5 m)

high.

Retain means to fail to return Atlantic

striped bass or weakfish to the sea

immediately after the hook has been

removed or the fish has otherwise been

released from the capture gear.

Shrimp trawl net means any trawl net

that is rigged for fishing and has a mesh

size less than 2.50 inches (6.35 cm), as

measured between the centers of

opposite knots when pulled taut, and

each try net that is rigged for fishing and

has a headrope length longer than 16.0

ft (4.9 m).

TED (turtle excluder device) means a

device designed to be installed in a

trawl net forward of the codend for the

purpose of excluding sea turtles from

the net.

Try net, also called test net, means a

net pulled for brief periods by a shrimp

trawler to test for shrimp concentrations

or determine fishing conditions (for

example, presence or absence of bottom

debris, jellyfish, bycatch, seagrasses,

etc.).

Weakfish means members of the stock

or population of the species Cynoscion

regalis, found along the Atlantic Coast

from southern Florida to Massachusetts

Bay.

§ 697.3 Relation to the Magnuson-Stevens

Act.

The provisions of sections 307

through 311 of the Magnuson-Stevens

Act, as amended, regarding prohibited

acts, civil penalties, criminal offenses,

civil forfeitures, and enforcement apply

with respect to the regulations in this

part, as if the regulations in this part

were issued under the MagnusonStevens Act.

§ 697.4 Relation to state law.

The regulations in this part do not

preempt more restrictive state laws, or

state enforcement of more restrictive

state laws, with respect to weakfish

fishing.

§ 697.5 Civil procedures.

The civil procedure regulations at 15

CFR part 904 apply to civil penalties,

permit sanctions, seizures, and

forfeitures under the Atlantic Striped

Bass Act and the Atlantic Coastal Act,

and the regulations in this part.

§ 697.6 Specifically authorized activities.

NMFS may authorize, for the

acquisition of information and data,

activities that are otherwise prohibited

by the regulations in this part.

§ 697.7 Prohibitions.

(a) Atlantic Coast weakfish fishery. In

addition to the prohibitions set forth in

§ 600.725 of this chapter, the following

prohibitions apply. It is unlawful for

any person to do any of the following:

(1) Fish for, harvest, or possess any

weakfish less than 12 inches (30.5 cm)

in total length (measured as a straight

line along the bottom of the fish from

the tip of the lower jaw with the mouth

closed to the end of the lower tip of the

tail) from the EEZ.

(2) Fail to return to the water

immediately, with the least possible

injury, any weakfish less than 12 inches

(30.5 cm) in total length taken within

the EEZ.

(3) Fish for weakfish in the EEZ with

a minimum mesh size less than 3 1/4–

inch (8.3 cm) square stretch mesh or 3

3/4–inch (9.5–cm) diamond stretch

mesh for trawls and 2 7/8–inch (7.3 cm)

stretch mesh for gill nets.

(4) To possess more than 150 lb of

weakfish during any one day or trip,

whichever is longer, in the EEZ when

using a mesh size less than 3 1/4–inch

(8.3 cm) square stretch mesh or 3 3/4–

inch (9.5 cm) diamond stretch mesh for

trawls and 2 7/8–inch (7.3 cm) stretch

mesh for gill nets.

(5) To fish for weakfish using a flynet

in the EEZ in the area south of the line

defined by a point beginning at

35°15.3′N. lat., 75°27.3′W. long. (3 nm

east of Cape Hatteras Light) and

extending due eastward (090 degrees

true) 197 nm.

(6) To land weakfish for commercial

purposes caught in the EEZ in any state

other than Massachusetts, Rhode Island,

Connecticut, New York, New Jersey,

Delaware, Maryland, Washington DC,

Virginia, North Carolina, or Florida.

(b) Atlantic striped bass fishery. In

addition to the prohibitions set forth in

§ 600.725 of this chapter, the following

prohibitions apply. It is unlawful for

any person to do any of the following:

(1) Fish for Atlantic striped bass in

the EEZ.

(2) Harvest any Atlantic striped bass

from the EEZ.

(3) Possess any Atlantic striped bass

in or from the EEZ, except for the

following area: The EEZ within Block

Island Sound, north of a line connecting

Montauk Light, Montauk Point, NY, and

Block Island Southeast Light, Block

Island, RI; and west of a line connecting

Point Judith Light, Point Judith, RI, and

Block Island Southeast Light, Block

Island, RI. Within this area, possession

of Atlantic striped bass is permitted,

provided no fishing takes place from the

vessel while in the EEZ and the vessel

is in continuous transit.

(4) Fail to return to the water

immediately, with the least possible

injury, any Atlantic striped bass taken

within the EEZ.

[FR Doc. 97–3705 Filed 2–13–97; 8:45 am]

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