(a) Commercial quota, recreational landing limit, research set-aside, and other specification measures. The Black Sea Bass Monitoring Committee will recommend to the Demersal Species Committee of the MAFMC and the ASMFC, through the specification process, for use in conjunction with the ACL and ACT, sector-specific research set-asides, estimates of the sector-related discards, a recreational harvest limit, a commercial quota, along with other measures, as needed, that are projected to ensure the sector-specific ACL for an upcoming year or years will not be exceeded. The following measures are to be consisted by the Black Sea Bass Monitoring Committee:
(1) Research quota set from a range of 0 to 3 percent of the maximum allowed.
(2) A commercial quota, allocated annually.
(3) A commercial possession limit for all moratorium vessels, with the provision that these quantities be the maximum allowed to be landed within a 24-hour period (calendar day).
(4) Commercial minimum fish size.
(5) Minimum mesh size in the codend or throughout the net and the catch threshold that will require compliance with the minimum mesh requirement.
(6) Escape vent size.
(7) A recreational possession limit set after the reduction for research quota.
(8) Recreational minimum fish size.
(9) Recreational season.
(10) Restrictions on gear other than otter trawls and pots or traps.
(11) Total allowable landings on an annual basis for a period not to exceed 3 years.
(12) Changes, as appropriate, to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratification, the process for prioritizing observer sea-day allocations, reports, and/or industry-funded observers or observer set aside programs.
(13) Modification of the existing AM measures and ACT control rules utilized by the Black Sea Bass Monitoring Committee.
(b) Specification 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 MAFMC with respect to the measures necessary to assure that the ACLs are not exceeded. The MAFMC shall review these recommendations and, based on the recommendations and public comment, make recommendations to the Regional Administrator with respect to the measures necessary to assure that sector ACLs are not exceeded. Included in the recommendation will be supporting documents, as appropriate, concerning the environmental and economic impacts of the final rule. The Regional Administrator will review these recommendations and any recommendations of the ASMFC. After such review, the Regional Administrator will publish a proposed rule in the Federal Register to implement a commercial quota, a recreational harvest limit, and additional management measures for the commercial fishery. If the Regional Administrator determines that additional recreational measures are necessary to assure that the recreational sector ACL is not exceeded, he or she will publish a proposed rule in the Federal Register to implement additional management measures for the recreational fishery. After considering public comment, the Regional Administrator will publish a final rule in the Federal Register to implement the measures necessary to ensure that recreational sector ACL is not exceeded.
(c) Distribution of annual commercial quota. The black sea bass commercial quota will be allocated on a coastwide basis.
(d) Research quota. See Sec. 648.21(g). [76 FR 60636, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015]