FF-70-2010 REVISED

FF-70-2010 (REVISED)

PROCLAMATION

RE: STRIPED BASS SEASON – COMMERCIAL FISHING OPERATIONS – ALBEMARLE SOUND MANAGEMENT AREA

Dr. Louis B. Daniel, III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Friday, October 1, 2010, the harvest of striped bass with COMMERCIAL FISHING OPERATIONS IN THE ALBEMARLE SOUND MANAGEMENT AREA WILL OPEN and the following provisions shall apply:

I. AREA DESCRIPTION

Albemarle Sound Management Area as described in Marine Fisheries Rule 15A NCAC 3R .0201 (a).

II. SIZE AND HARVEST RESTRICTIONS

A. It is unlawful to take, possess, transport, buy, sell, or offer for sale striped bass less than 18 inches total length taken by commercial fishing operations from the Albemarle Sound Management Area.

B. It is unlawful for an individual or commercial fishing operation regardless of the number of persons or vessels involved, to possess, land, sell or offer for sale more than ten (10) striped bass, unless taken in conjunction with other commercially important finfish. Striped bass shall be limited to 50% by weight, of the combined daily harvest, not to exceed 10 fish per day, per Standard Commercial Fishing License (SCFL) holder. The daily harvest limit of 10 striped bass shall not be exceeded, regardless of where taken from internal waters, unless the fish are taken in accordance with II. C. below.

C. It is unlawful for any operation consisting of more than one SCFL holder to be in possession of more than two daily harvest limits. The SCFL holders must accompany and transport each single harvest limit and the other commercially important finfish together until the striped bass are sold to a dealer possessing a valid 2010/2011 STRIPED BASS DEALER PERMIT validated for the Albemarle Sound Management Area.

III. GILL NET REQUIREMENTS WITHIN PROCLAMTION M-14-2010 AREAS LOCATED IN THE ASMA

A. AREA DESCRIPTION – waters of the ASMA as described below (See Map):

1. Albemarle Sound and its joint water tributaries, east of a line beginning at a point 35º 57.5590’N - 75º 56.8200’W; running northeasterly to a point 36º 04.8280’N - 75º 47.4050’W.

2. Currituck Sound south of the Highway 158 Wright Memorial Bridge beginning at a point on the western shore at 36º 04.8280’N - 75º 47.4050’W; running easterly along the south side of the bridge to a point on the east shore at 36º 05.5770’N - 75º 44.5850’W.

B. GILL NET RESTRICTIONS – In the areas described in III. A. 1. and 2. above:

1. Gill nets with a mesh length of 5 ½ inches to 6 ½ inches stretched mesh, shall not exceed 2000 yards.

2. It is unlawful to use large mesh gill nets (defined as 5 ½ inches to 6½ inches stretched mesh, inclusive) unless they comply with the following provisions:

3. It is unlawful to set and retrieve large mesh gill nets except during the following times:

a. No sooner than one hour before sunset on Monday and no later than one hour after sunrise on Tuesday.
b. No sooner than one hour before sunset on Tuesday and no later than one hour after sunrise on Wednesday.
c. No sooner than one hour before sunset on Wednesday and no later than one hour after sunrise on Thursday.
d. No sooner than one hour before sunset on Thursday and no later than one hour after sunrise on Friday.

4. It is unlawful to use large mesh gill nets of more than 15 meshes in height and without a lead core or leaded bottomline. It is unlawful to use cork, floats, or other buoys except those required for identification.

5. It is unlawful to set more than 100 yards of large mesh gill net without leaving a space of at least 25 yards between separate lengths of net.

6. Run-around or strike nets and drop nets that are used to surround a school of fish and then are immediately retrieved are exempted from the provisions in this section of the proclamation.

IV. GILL NET REQUIREMENTS WITHIN PROCLAMTION M-13-2010 AREAS LOCATED IN THE ASMA

A. AREA DESCRIPTION – waters of the ASMA as described below (See Map):

1. Albemarle Sound and its joint water tributaries, west of a line beginning at a point 35º 57.5590’N - 75º 56.8200’W; running northeasterly to a point 36º 04.8280’N - 75º 47.4050’W.

2. Currituck Sound north of the Highway 158 Wright Memorial Bridge beginning at a point on the western shore at 36º 04.8280’N - 75º 47.4050’W; running easterly along the south side of the bridge to a point on the east shore at 36º 05.5770’N - 75º 44.5850’W.

B. GILL NET RESTRICTIONS - In the areas described in IV. A. 1. and 2. above :

1. Gill nets with a mesh length of 5 ½ inches and larger, shall not exceed 3,000 yards and are required to be equipped with floats that do not exceed 2 inches in diameter and 6 inches in length, with float placement no less than 10 yards apart. The net(s) shall be set so as to fish on the bottom not to exceed a vertical fishing height of 48 inches.

2. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards, and must be attended at all times.

3. Gill nets with mesh sizes other than those listed shall not be used.

4. No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59' .3833’ N – 76° 41' .0060’ W, running southeasterly to a point 35° 56' .3333’ N – 76° 36' .0333’ W, at the mouth of Mackey's Creek including Roanoke, Cashie, Middle and Eastmost Rivers.

5. Drift gill nets may not be used in the Joint Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan, Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.

V. PERMITS

A. It is unlawful for a dealer to possess, buy, sell or offer for sale striped bass taken from the Albemarle Sound Management Area without holding a valid STRIPED BASS DEALER PERMIT validated for the Albemarle Sound Management Area from the N.C. Division of Marine Fisheries. Dealers must abide by all conditions which appear on the permit as well as the general provisions which appear in 15A NCAC 3O .0500 et seq.

B. Striped bass lawfully sold to a permitted dealer may be resold to a non-permitted wholesale or retail market provided the initial permitted dealer records their dealer identification number on each bill of lading or receipts involved in the shipment of striped bass. Any individual or corporation who holds a current finfish dealer license must obtain a STRIPED BASS DEALER PERMIT validated for the Albemarle Sound Management Area in order to sell any striped bass personally harvested.

VI. SALE TAGS

It is unlawful for a dealer to possess, buy, sell, or offer for sale striped bass taken from the Albemarle Sound Management Area without having a North Carolina Division of Marine Fisheries-issued Albemarle Sound Management Area striped bass tag affixed through the mouth and gill cover. In case of the striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin must be affixed.

VII. LANDING RESTRICTIONS

Striped bass taken from areas opened by this proclamation may be sold only to and purchased by a dealer possessing a STRIPED BASS DEALER PERMIT validated for the Albemarle Sound Management Area.

VIII. SEASON CLOSURE

The striped bass season for commercial fishing equipment in the Albemarle Sound Management Area will close at 8:00 P.M., Friday, December 31, 2010, unless closed by proclamation at an earlier date due to the harvest allocation being met. Dealers will have until two weeks after the closing of the season to sell, offer for sale, transport, or have in possession unfrozen striped bass taken in this fishery.

IX. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52; and the N.C. Marine Fisheries Rules 15A NCAC 03H .0103, 03M .0201 and 03M .0202, 03O .0501 and 03Q .0107 (1) (c).

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 03H .0103.

C. The intent of this proclamation is to allow the harvest of striped bass in the Albemarle Sound Management Area by commercial fishing equipment within the harvest quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan.

D. Hook-and-line fishing equipment is not commercial fishing equipment in the striped bass fishery and it is illegal to sell or purchase striped bass taken by hook-and-line in accordance with N.C. Marine Fisheries Rule 15A NCAC 03M .0201 (b).

E. Holders of RCGL licenses or hook-and-line fishermen must follow the bag limit and harvest restrictions of the recreational fishery for striped bass in Proclamation M-69-2010, dated September 20, 2010.

F. All striped bass taken during the season closures and all undersize striped bass shall be immediately returned to the water where taken, regardless of the condition of the fish.

G. Dealers whose businesses are located in Hyde, Dare, Tyrrell, Washington, Bertie, Chowan, Pasquotank, Camden, Hertford, Perquimans and other northern counties may obtain tags by contacting the Columbia Marine Patrol Office at 1-800-405-7774 or (252) 796-1322. Allow 48 hours for delivery.

H. This proclamation supersedes Proclamation FF-70-2010, dated September 20, 2010 and eliminates the last sentence in IV. B. 1.

September 22, 2010
2:50 P.M.
FF-70 –2010(REVISED)