FF-76-2006

PROCLAMATION

RE: SPINY DOGFISH-COMMERCIAL FISHING OPERATIONS- ATLANTIC OCEAN

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 6:00 A.M., Monday, January 8, 2007 the following restrictions will apply to the harvest of spiny dogfish in the Atlantic Ocean waters of North Carolina.

I. HARVEST PERIODS

The fishing year for spiny dogfish is divided into two periods: Quota Period I and Quota Period II. Period I is from May 1 through October 1 each year, and Period II is from November 1 through April 30. Harvest will be allowed from January 8 through March 1, 2007, and will close on March 1 at 6:00 P.M. by this proclamation.

II. TRIP LIMITS

No commercial fishing operation, regardless of the number of people involved, may possess more than 4,000 pounds per trip of spiny dogfish during this portion of Period II.

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; 143B-289.52; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3M .0505 and 3M.0512.

B. It is unlawful to violate the provisions of any proclamation issued by the Director under his delegated authority pursuant to N.C. Fisheries Rule 15A NCAC 3H .0103.

The intent of this proclamation is to set out the harvest periods and trip limit during Period II to promote the utilization of bycatch of spiny dogfish from the Atlantic Ocean by commercial fishing operations. These restrictions are elements of the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plans for Spiny Dogfish.

It is unlawful to use gill nets greater than seven (7) inches stretched mesh in the Atlantic Ocean from December 16, 2006 through April 14, 2007 except for seasons in the ocean set by proclamation for striped bass and monkfish in accordance with Proclamation M-17-2006, dated December 13, 2006.

E. In accordance with the National Marine Fisheries Service Bottlenose Dolphin Take Reduction Plan, medium mesh nets (greater than 5 inch to less than 7 inch stretched mesh) can be set during daylight hours only. No overnight sets are allowed.

F. This proclamation supersedes Proclamation FF-51-2006 dated October 30, 2006. Finfish dealers are required to possess a valid Spiny Dogfish Dealer Permit and adhere to the daily reporting requirements in Proclamation FF-75-2006, dated December 21, 2006.

December 21, 2006
3:00 P.M.
FF-76-2006
/sab