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SNAPPER-GROUPER

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:00 P.M., Sunday, January 27, 2008, the following restrictions will apply to the taking of snapper-grouper from the Atlantic Ocean for recreational and commercial purposes:

I. SIZE AND POSSESSION LIMITS

A. The size and possession limits of N.C. Fisheries Rules for Coastal Waters 15A NCAC 3M .0506 that were suspended in Proclamation FF-38-2007, dated April 26, 2007 are replaced with the following provisions in accordance with proclamation authority in the same Rule:
1. It is unlawful to possess black sea bass south of Cape Hatteras (35 ° 15.0321’ N) less than twelve inches total length when taken for recreational purposes.
2. It is unlawful to take or possess more than 15 black sea bass per person per day south of Cape Hatteras without a valid Federal Commercial Snapper-Grouper permit.
3. 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 622.40 and rules published in 50 CFR pertaining to sea bass north of Cape Hatteras (35° 15’N Latitude).
4. It is unlawful to possess vermillion snapper (beeliner) less than 12 inches total length.
5. It is unlawful to possess more than three red porgy per person per day without a valid Federal Commercial Snapper-Grouper permit.
6. It is unlawful to land more than 120 individual red porgy from May 1 through December 31 in a commercial fishing operation.
B. The following is to be added to Marine Fisheries Rule 15A NCAC 3M .0506 (p)(2) Combined Bag Limits:
It is unlawful to possess more than five grouper without a Federal Commercial Snapper-Grouper permit of which:
1. No more than one per person per day may be a snowy grouper;
2. No more than one per person per day may be a golden tilefish

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 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. 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. The minimum size limit for black sea bass south of Hatteras is now twelve (12) inches TL due to a change in the federal plan. The minimum size limit for black sea bass for commercial purposes south of Hatteras remains 10 inches total length.

E. This proclamation supersedes FF-61-2007, dated November 16, 2007.

FF-11-2008




PROCLAMATION

RE: SNAPPER-GROUPER

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:00 P.M., Sunday, January 27, 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-10-2008, dated January 25, 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-60-2007, dated November 16, 2007.

FF-12-2008




PROCLAMATION

RE: STRIPED BASS PERMITS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:30 P.M., Sunday, January 27, 2008, the following will apply to the taking of striped bass from the Atlantic Ocean for commercial purposes:

I. SUSPENSION OF PORTIONS OF MARINE FISHERIES RULES 15A NCAC 3O .0503 AND 15A NCAC 3O .0501

The following portions of N.C. Fisheries Rules for Coastal Waters 15A NCAC 3O .0503 and 15A NCAC 3O .0501 (f) that deal with Atlantic Ocean Striped Bass Commercial Gear Permits are suspended:
15A NCAC 3O.0503
A. Section (i), which reads:
(i) Atlantic Ocean Striped Bass Commercial Gear Permit:
(1) It is unlawful to take striped bass from the Atlantic Ocean in a commercial fishing
operation without first obtaining an Atlantic Ocean Striped Bass Commercial Gear Permit.
(2) It is unlawful to use a single Standard Commercial Fishing License, including
assignments, to obtain more than one Atlantic Ocean Striped Bass Commercial Gear Permit during a license year.

        15A NCAC 03O .0501
        B. Section(f), which reads:
(f) Atlantic Ocean Striped Bass Commercial Gear Permit:
(1) Application for an Atlantic Ocean Striped Bass Commercial Gear Permit must be made prior to November 1 of each year. A person shall declare one of the following gears for an initial Atlantic Ocean Striped Bass Commercial Gear Permit and at intervals of three consecutive license years thereafter:
(A) gill net;
(B) trawl; or
(C) beach seine.
For the purpose of this Rule, a beach seine is defined as a swipe net constructed of multi-filament or multi-fiber webbing fished from the ocean beach that is deployed from a vessel launched from the ocean beach where the fishing operation takes place.
Gear declarations are binding on the permittee for three consecutive license years without regard to subsequent annual permit issuance.
(2) A person is not eligible for more than one Atlantic Ocean Striped Bass Commercial Gear Permit regardless of the number of Standard Commercial Fishing Licenses, Retired Standard Commercial Fishing Licenses or assignments held by the person.
(3) The annual, nonrefundable permit fee is ten dollars ($10.00).

PROCLAMATION FF-12-2008
PAGE 2

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 .0503.

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 delay the implementation of the Atlantic Ocean Striped Bass Commercial Gear Permit until the fall of 2008 to allow the acquisition of necessary gear.


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