[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Proposed Rules]
[Pages 6935-6939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3705]


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DEPARTMENT OF COMMERCE
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.

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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, Mid-Atlantic, 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

[[Page 6936]]

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, smaller-mesh 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

[[Page 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 Magnuson-Stevens 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.


Sec. 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.


Sec. 697.2  Definitions.

    In addition to the definitions in Sec. 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 deg.09.2'N. lat., 71 deg.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.

[[Page 6938]]

    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 
large-mesh webbing in the center (the large-mesh 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 small-mesh 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 small-mesh 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 tie-off 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 Sec. 648.104 of this 
chapter for the summer flounder fishery and contain an approved TED, as 
defined at Sec. 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 deg.04.3'N. lat., 
71 deg.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 deg.21.7'N. 
lat., 71 deg.28.9'W. long.; is 65 ft (19.8 m) above the water; and is 
shown

[[Page 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.


Sec. 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 Magnuson-Stevens Act.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 697.7  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the 
prohibitions set forth in Sec. 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 deg.15.3'N. lat., 
75 deg.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 Sec. 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]
BILLING CODE 3510-22-F