FF-48-2004

PROCLAMATION

RE: SCUP

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, November 1, 2004, the following restrictions will apply to the commercial scup fishery in the Atlantic Ocean north of Cape Hatteras (35° 15' N. Latitude):

I. SIZE AND HARVEST LIMITS

A. No person may take, possess, buy, sell or offer for sale scup less than 9 inches in length.

B. No person may possess, sell or offer for sale more than 3,500 pounds of scup per week when taken with commercial fishing equipment or for commercial purposes through December 31, 2004 (the Winter II Harvest Period). For purposes of this proclamation, a week shall be from 12:01 A.M. Sunday to midnight the following Saturday.

II. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-170.4; 113-170.5; 113-182; 113-221(e); 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103 and 3M .0514.

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 the Atlantic States Marine Fisheries Commission establishing trip limits for the scup fishery in the Winter II period of 2004. The intent of this proclamation is to maintain North Carolina’s compliance 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.

D. This proclamation opens the commercial scup season through December 31, 2004 (Winter II Harvest Period). The Winter II Harvest Period will be closed by proclamation prior to December 31, 2004 if the quota is harvested.

E. This proclamation supersedes FF-61-2003, dated December 31, 2004.

October 21, 2004

10:45 A.M.

FF-48-2004

/sab