RE: BLACK SEA BASS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, October 1, 2001, the following restrictions will apply to the black sea bass commercial fishery north of Cape Hatteras (35E 15' N. Latitude):

I. SIZE LIMIT

No person may possess aboard a vessel black sea bass less than 10 inches in total length.

II. HARVEST LIMITS

Quarter IV Harvest Period

No person may possess aboard a vessel or land more than 2,000 pounds of black sea bass per week from October 1, 2001 through December 31, 2001. For purposes of this proclamation, a week shall be from 12:01 A.M. Sunday to midnight the following Saturday.

III. GEAR RESTRICTIONS

A. TRAWLS:

The following restrictions apply when 200 or more pounds of black sea bass are possessed on board the vessel:

1. No person may use or possess on deck trawls with a cod end (tailbag) less than 4 inches hung on a diamond or less than 3 1/2 inches hung on a square. The cod end of the trawl is defined as:

(a) At least 75 continuous meshes forward of the terminus (end) of the net; or

(b) The terminal one-third portion (measured from the terminus of the cod end to the head rope) of the net, if the cod end is less than 75 meshes.

2. Tailbag liners of any mesh size or double hung cod ends may not be used or possessed on the deck of a vessel.

3. Rollers used in roller rig or rock hopper trawl gear shall be no larger than 18 inches in diameter.

B. FISH TRAPS/POTS:

Black sea bass pots or traps must conform with the Federal rule requirements for identification, escape vents and degradable fasteners specified in 50 CFR 648.144 (b)(1), (2) and (3). (See General Information, Item F.).

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-182; 113-221(e); 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3J .0104, 3M .0506(b)(1) and .0512.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority per 15A NCAC 3H .0103.

C. This proclamation is issued pursuant to approval of an Emergency Rule for the black sea bass fishery by Atlantic States Marine Fisheries Commission (ASMFC) on August 8, 2001 establishing state trip limits and management measures for the black sea bass fishery for Quarter IV in the year 2001.

D. The adjusted commercial quota for black sea bass for Quarter IV, 2001 is 516,939 pounds. ASMFC staff will monitor reported landings and notify the states when the Quarter IV allocation is projected to be landed. At that time, all states will close their black sea bass fishery for the remainder of Quarter IV.

E. The intent of this proclamation is to allow North Carolina to comply with the requirements of the joint Mid-Atlantic Fisheries Management Council-Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fisheries Management Plan.

F. Copies of escape vent specifications for black sea bass pots north of Cape Hatteras are available via the Federal Register posted on the Internet at www.access.gpo.gov and from the Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557.

G. This proclamation supersedes FF-44-2001, dated July 9, 2001.

September 20, 2001

9:30 P.M.

FF-49-2001

/sab