RE: BLACK SEA BASS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Wednesday, January 1, 2003, 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 I Harvest Period

No person may possess aboard a vessel or land more than 7,000 pounds of black sea bass per fishing trip taken with commercial fishing equipment of for commercial purposes from the Atlantic Ocean, regardless of the number of days that the vessel is underway.

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)(2)and (3). (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 the Mid-Atlantic Fishery Management Council and Atlantic States Marine Fisheries Commission in August, 2002 establishing state trip limits for the black sea bass fishery in the first quarter of year 2003. 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. 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.

E. This proclamation supersedes Proclamation FF-50-2002, dated November 6, 2002.

December 19, 2002

11:00 A.M.

FF-70-2002

/sab