FF-59-2003

 

 

PROCLAMATION

 

RE:  SPINY DOGFISH – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN

 

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Thursday, January 1, 2004, the following restrictions will apply to the commercial spiny dogfish fishery in the Atlantic Ocean:

I.    TRIP LIMITS

      Beginning at 12:01 A.M., Thursday, January 1, 2004, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 2,000 pounds of spiny dogfish per day taken from the Atlantic Ocean. The Atlantic Ocean spiny dogfish fishery will close immediately after the Director issues a public notice that the quota of spiny dogfish of 500,000 pounds has been landed from the Atlantic Ocean,  or at 6:00 P.M., April 30, 2004, whichever occurs first.

           

II.   PERMITS

        A. Finfish dealers may not buy more than 100 pounds of spiny dogfish caught in the Atlantic Ocean per day per commercial fishing operation unless the dealer has a valid 2004 Spiny Dogfish Dealer Permit from the North Carolina Division of Marine Fisheries.  Permits will be issued only to those licensed fish dealers holding a valid license as authorised in G.S. 113-169.3 Dealers must abide by all conditions of the 2004 Spiny Dogfish Dealer Permit as set out in Proclamation FF-42-2003, dated November 10, 2003.

 

        B. Dealers possessing a 2004 Spiny Dogfish Dealer Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries flounder landings from the Atlantic Ocean for the previous day.

 

III.  GENERAL INFORMATION

A.   This proclamation is issued under the authority of G.S. 113-134; 113- 170.4; 113-170.5; 113-181; 113-182; 113-221(e); 143B-289.52 and NC Marine Fisheries Rules 15A NCAC 3M .0503, 3M .0506 and .0512 and 3O. 0500.

 

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.   For the purposes of this proclamation, fish shall be considered landed when fish are unloaded or the vessel is tied to the dock, whichever occurs first. 

 

D.   Fisheries Rule 15A NCAC 3I .0113 specifies that it is unlawful for any licensee under Chapter 113, Subchapter IV of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensees possession.

     

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 Spiny Dogfish Fisheries Management Plan (FMP) and to manage the commercial spiny dogfish fishery under the quota system established by the FMP.  North Carolina is operating under a statewide quota and these trip limits and harvest periods are intended to constrain the harvest to the quota. 

 

F.      This proclamation supersedes Proclamation FF-54-2002, dated November 25, 2002.

 

           

December 29, 2003

12:30 P.M.

FF-59-2003

/dlt