FF-43-2008

PROCLAMATION

RE: SNAPPER-GROUPER

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:00 P.M., Friday, April 25, 2008, the following restrictions will apply to the taking of snapper-grouper from the Atlantic Ocean for recreational and commercial purposes:

I. SUSPENSION OF PORTIONS OF MARINE FISHERIES RULE 15A NCAC 3M .0506

The following portions of N.C. Fisheries Rules for Coastal Waters 15A NCAC 3M .0506 that deal with Snapper-Grouper are suspended:
A. Section (b), which reads:
Black sea bass, south of Cape Hatteras (35° 15.0321’):
(1) It is unlawful to possess black sea bass less than ten inches total length.
(2) It is unlawful to take or possess more than 20 black sea bass per person per day without a valid Federal Commercial Snapper-Grouper permit.
(3) Section (s) (1), which reads: Sea bass may be taken with pots that conform with the federal rule requirements for mesh sizes and pot size as specified in 50 CFR Part 646.2, openings and degradable fasteners specified in 50 CFR Part 646.22 (c)(2)(i), and escape vents and degreadable materials as specified in 50 CFR Part 622.40 (b)(3)(i) and rules published in 50 CFR pertaining to sea bass north of Cape Hatteras (35° 15’N Latitude).

B. Section (l) (1) (A), which reads:
Vermillion Snapper:
(1) For recreational purposes:
(A) It is unlawful to possess vermillion snapper (beeliner) less than 11 inches total length.

C. Section (o) (1), which reads:
Red Porgy (Pagrus pagrus):
(2) It is unlawful to possess more than one red porgy per person per day without a valid Federal Commercial Snapper-Grouper permit.
(4) It is unlawful to land more than 50 pounds of red porgy from May 1 through December 31 in a commercial fishing operation.

II. 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, 3 I .0102 and 3M .0506.

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 intent of this proclamation is to maintain North Carolina’s compliance with the requirements of Amendment 13C to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region. Size and possession limits to replace the suspended limits appear in Proclamation FF-42-2008, dated April 23, 2008. The Division of Marine Fisheries will pursue the rulemaking process through the Marine Fisheries Commission to make these changes in N.C. Fisheries Rule 15A NCAC 3M .0506.

D. This proclamation supersedes FF-11-2008, dated January 25, 2008.

April 23, 2008
12:00 P.M.
FF-43-2008
/sab