FF-49-2004
RE: BLACK SEA BASS COMMERCIAL FISHING
OPERATIONS ATLANTIC OCEAN
Preston
P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that
effective at 12:01A.M., Monday, November
1, 2004, the following restrictions will apply to the commercial black sea
bass fishery north of Cape Hatteras (35°
15.3N. Latitude):
I.
SIZE
LIMIT
It is unlawful to possess black sea bass
less than 11 inches total length north
of Cape Hatteras .
A. During
the period beginning at 12:01 A.M.,
Monday, November 1, 2004 and ending at 6:00 P.M., Sunday, November 14, 2004,
no commercial trawl fishing operation,
regardless of the number of people involved, may have total landings of more
than 100 pounds of black sea bass taken from the Atlantic Ocean north of
Cape Hatteras.
No fish
pot, fish trap or hook and line commercial fishing operation, regardless of
the number of people involved, may have total landings of more than 1,500 pounds of black sea bass taken from the Atlantic Ocean north of
Cape Hatteras during the above time period.
The
Atlantic Ocean black sea bass fishery will close immediately after the Director
issues a public notice that the quota of black sea bass has been landed from
the Atlantic Ocean north of Cape Hatteras, or at 6:00 P.M., November 14, 2004,
whichever occurs first.
B. During any closed season, vessels may land up to 100 pounds of black sea bass per trip taken from the Atlantic Ocean
III. GEAR
RESTRICTIONS
A. 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 Section IV.H).
IV. 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. The landing prohibition beginning at 6:00
P.M. on November 14, 2004 will allow the Division to review landing
reports. Approximately 20,000 pounds
remain of the 2004 quota. Landings will
be allowed by proclamation after that date if the 2004 annual quota has not
been met.
D. 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.
E. 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.
F. 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 35°15.3 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.
G.
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 state quota and these trip limits
and harvest periods are intended to constrain the harvest to the quota.
H. The minimum
size limit for black sea bass south of Cape Hatteras remains 10 inches in total
length.
I.
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.
J.
This proclamation
supersedes Proclamation FF-44-2004, dated July 28, 2004.
October 21, 2004
11:00 A.M.
FF-49-2004
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