FF-37-2004
RE: BLACK SEA BASS COMMERCIAL FISHING
OPERATIONS ATLANTIC OCEAN
Preston
P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that
effective at 12:01 A.M, Sunday, April
25, 2004, the following restrictions will apply to the commercial black sea
bass fishery north of Cape Hatteras (35°
15N. Latitude):
I.
SIZE
LIMIT
It is unlawful to possess black sea bass
less than 11 inches total length north
of Cape Hatteras.
A. No commercial fishing operation employing
fish pots and traps and hook and line, regardless of the number of people
involved, may have total landings of more than 1,000 pounds of black sea bass per week taken from the Atlantic
Ocean north of Cape Hatteras. For purposes of this proclamation, a week
shall be from 12:01 A.M. Sundays to midnight the following Saturday.
B. All other commercial fishing operations may land up to 100 pounds of black sea bass per week taken from the north of Cape Hatteras.
III.
PERMITS
A. Finfish
dealers may not buy more than 100 pounds of black sea bass caught north of Cape
Hatteras per day per commercial fishing operation unless the dealer has a valid
2004 Black Sea Bass North of Cape Hatteras 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 authorized in G.S. 113-169.3 Dealers must abide by all
conditions of the 2004 Black Sea Bass-North of Cape Hatteras Dealer Permit
as set out in Proclamation FF-43-2003, dated November 10, 2003.
B. Dealers
possessing a 2004 Black Sea Bass North of Cape Hatteras Dealer Permit
shall report daily by noon through
FAX transmittal (252-726-3903) to the Division of Marine Fisheries black sea
bass landings from the Atlantic Ocean for the previous day.
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. Federal
regulations for Fisheries of the Northeastern United States specify in 50 CFR
Part 648.4(a)(7) that any vessel of the United States that fishes for or
retains black sea bass in or from the EEZ north of 3515.3 N. lat., the latitude
of Cape Hatteras Light, NC, must have been issued and carry on board a valid black sea bass moratorium permit,
except for vessels other than party or charter vessels that observe the
possession limit established pursuant to §648.145.
F.
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 (FMP) and to manage the commercial black sea bass fishery under
the state quota system established by the FMP.
North Carolina is operating under a statewide quota and these trip
limits are intended to constrain the harvest to that quota.
G. The minimum
size limit for black sea bass south of Cape Hatteras remains 10 inches in total
length.
H.
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.
I.
This proclamation
supersedes Proclamation FF-35-2004, dated April 16, 2004.
April 23, 2004
8:00 A.M.
FF-37-2004
/sab