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, Thursday, April
21, 2005, 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. During
the period beginning at 12:01 A.M. Thursday, April 21, and ending at 6:00 P.M.
Thursday, May 5, 2005, no commercial trawl,
fish pot, fish trap or hook and line fishing operation, regardless of the
number of people involved, may have total landings of more than 4,000 pounds of black sea bass taken
from the Atlantic Ocean north of Cape Hatteras. 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., May 5, 2005, 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. TRAWLS:
The
following gear restrictions apply when 100 or more pounds of black sea bass are
possessed on board a vessel:
1. No person may use or possess on deck:
(a) Trawl nets with a cod end (tailbag) less than 4 ½ inches (hung on a
diamond) applied throughout the cod end for at least 75 continuous meshes
forward of the terminus (end) of the net; or
(b) Trawl
nets with cod ends less than 75 meshes (including an extension) with a mesh
size less than 4 ½ inches (hung on a diamond) applied throughout the net.
2. Tailbag liners of any mesh size or double hung cod ends may not be used or possessed on deck of a vessel.
3. Rollers used in roller rig or rock hopper trawl gear shall be no longer than 18 inches in diameter.
B. 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
2005 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 2005 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 2005 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 N.C.G.S. 113-134; 113- 170.4; 113-170.5; 113-181; 113-182;
113-221(b); 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 pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103.
C. The
landing prohibition beginning at 6:00 P.M. on May 5, 2005 will allow the
Division to review landing reports.
Landings will be allowed after that date if the 2005 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 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.
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 statewide 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-27-2005, dated April 14, 2005.
April 20, 2005
9:15 A.M.
FF-29-2005
/sab