FF-31-2005
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, May 15, 2005,
the following restrictions will apply to the commercial black sea bass fishery north of Cape Hatteras (35° 15N. Latitude):
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 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, with the exception of the daily reporting requirement.
B. Dealers possessing a 2005 Black Sea Bass North of Cape Hatteras Dealer
Permit shall report black sea bass landings from the Atlantic Ocean monthly to the Division of Marine
Fisheries through the normal trip ticket
reporting system.
A.
This proclamation is issued under the authority of G.S. 113-134; 113- 170.4;
113-170.5; 113-181; 113-182; 113-221.1(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 per N.C. Marine Fisheries Rule
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.
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-29-2005, dated April 20, 2005.
May
9, 2005
2:30
P.M.
FF-31-2005
/sab