RE: BLACK SEA BASS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, October 21, 2002 the following changes will occur in the harvest of black sea bass commercial fishery north of Cape Hatteras (35° 15’N. Latitude):

I. SIZE LIMIT

North of Cape Hatteras (35E 15' N. Latitude):No person may possess aboard a vessel black sea bass less than 11 inches in total length.

II. HARVEST LIMITS

Quarter IV Harvest Period

No person may possess aboard a vessel or land more than 100 pounds of black sea bass in a 24 hour period or 700 pounds per week as of October 21, 2002. 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 500 or more pounds of black sea bass are possessed on board a vessel from January through March or 100 pounds from April through December:

1. No person may use or possess on deck:

(a) Trawl nets with a cod end (tailbag) less than 4 ½ inches (hung on a diamond) applied throughout the cod end for at least 75 continuous meshes forward of the terminus (end) of the net; or

(b) Trawl nets with cod ends less than 75 meshes (including an extension) with a mesh size less than 4 ½ inches (hung on a diamond) applied throughout the net.

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

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

B. FISH TRAPS/POTS:

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

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-170.4; 170.5; 113-182; 113-221(e); 113-170.4; 113-170.5; 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 action taken by Atlantic States Marine Fisheries Commission on February 21, 2002 establishing state trip limits for the black sea bass fishery in the year 2002. 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. The minimum size limit for black sea bass south of Cape Hatteras remains 10 inches in total length.

D. The National Marine Fisheries Service projects that 60 percent of the quota for Harvest Period IV will be taken by October 21, 2002, requiring the states to implement this reduction in harvest limits. This reduction will be in effect until the quota is reached, at which time harvest will be closed by proclamation.

E. 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.nero.nmfs.gov/ro/doc/the648.htm and from the Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557.

F. This proclamation supersedes Proclamation FF-35-2002, dated July 12, 2002.

October 18, 2002

9:30 A.M.

FF-45-2002

/sab