FF-71-2004

PROCLAMATION

RE: SCUP

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, January 2, 2005, 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 30,000 pounds of scup during the period from 12:01 A.M. January 2, through 6:00 P.M. January 15, 2005 when taken with commercial fishing equipment or for commercial purposes during the Winter I Harvest Period.

II. TRAWL MESH REQUIREMENTS

The minimum mesh size for the commercial scup fishery will be 5 inches stretched mesh with a minimum length of 75 meshes from the terminus of the net. For small nets with less than 75 mesh codends, the entire net will be 5 inches .

III. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1(b); 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 pursuant to Marine Fisheries Rule 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 I period of 2005. 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 January 15, 2005 during the Winter I Harvest Period. Additional harvest will be allowed by proclamation following this two-week segment if all of the quota is not harvested.

E. This proclamation supersedes FF-48-2004, dated October 31, 2004.

December 30, 2004

12:00 P.M.

FF-71-2004

/sab