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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation FF-01-2012

Marine Fisheries

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FF-1-2012

PROCLAMATION

RE: STRIPED BASS SEASON – OCEAN TRAWL: ATLANTIC OCEAN

Dr. Louis B. Daniel III, Director of Marine Fisheries, hereby announces that effective at 12:01 A.M., Tuesday, January 17, 2012, the season for the harvest of striped bass with ocean trawls in the Atlantic Ocean waters of North Carolina SHALL OPEN. The following restrictions will apply:

I. SIZE LIMIT
No person may possess, transport, buy, sell, or offer for sale striped bass less than 28 inches total length taken with ocean trawls from the Atlantic Ocean.

II. HARVEST RESTRICTIONS

A. It is unlawful to take or possess striped bass from the Atlantic Ocean in a trawl operation without having an Atlantic Ocean Striped Bass Commercial Gear Permit designated for the trawl fishery except in accordance with III.C. below.

B. It is unlawful for a holder of an Atlantic Ocean Striped Bass Commercial Gear Permit designated for the trawl fishery to land or sell more than 100 striped bass per vessel per day.

C. Harvest of the 100 striped bass per vessel per day will be allowed each Monday through Thursday until the quota of 160,160 pounds is caught.

D. It is unlawful for a holder of an Atlantic Ocean Striped Bass Commercial Gear Permit designated for the trawl fishery to land or sell more than 15 striped bass per vessel per day on Fridays through Sundays as a bycatch allowance.

III. GEAR RESTRICTIONS

A. For purposes of this proclamation, a trawl is defined as a net made of multi-strand nylon consisting of wings, a body and a codend.

B. No gill nets may be possessed on board a vessel used in the taking or landing of striped bass.

C. Striped bass exceeding the possession limit may be transferred to any holder of an Atlantic Ocean Striped Bass Commercial Gear Permit. Permitted trawler captains returning to port with possession limits over the legal limit must call Marine Patrol Communications at 1-800-682-2632 prior to landing and report the approximate number of striped bass to be transferred and to receive instruction. Striped bass exceeding the possession limit may be transferred to any holder of an AOSBCGP, but will count against the trawl portion of the quota.

IV. LANDING RESTRICTIONS
Striped bass harvested in this fishery may only be sold to and purchased by a currently licensed finfish dealer possessing a valid 2011/2012 Atlantic Ocean Dealer’s Striped Bass Permit.

V. DEALER PERMITS

A. No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without first obtaining a 2011/2012 STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean from the N.C. Division of Marine Fisheries. Dealers must abide by all conditions of the STRIPED BASS DEALER PERMIT and the general permit conditions found in NC Marine Fisheries Rule 15A NCAC 03O .0503.

B. Only a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean may be used for transactions involving striped bass taken from the area opened by this proclamation.

C. Striped bass lawfully sold to a permitted dealer may be resold to a non-permitted wholesale or retail market provided the initial permitted dealer records their dealer identification number on each bill of lading or receipts involved in the shipment of striped bass. Any individual or corporation who holds a current finfish dealer license must obtain a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean in order to sell any striped bass personally harvested.

VI. SALE TAGS
No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without having affixed either a North Carolina Division of Marine Fisheries-issued Atlantic Ocean striped bass sale tag affixed through the mouth and gill cover or, in the case of striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin.

VII. SEASON CLOSURE
The ocean trawl season for striped bass will close by proclamation when the harvest quota is met.

VIII. 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 03H .0103, 03M .0201; 03M .0204; and 03O .0500 et.seq.

B. It is unlawful to violate the provisions of any proclamation issued by the Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 03H .0103.

C. The intent of this proclamation is to allow the commercial harvest of striped bass from the Atlantic Ocean by traditional gears within the 480,480 pound quota established for the 2011/2012 season by the Atlantic States Marine Fisheries Commission Fishery Management Plan for Striped Bass.

D. Federal regulation 50 CFR 697.7 (b) prohibits anyone from fishing for, harvesting, or possessing Atlantic striped bass in the Exclusive Economic Zone (EEZ).

E. Atlantic Ocean Striped Bass Commercial Gear Permits are available at any time.

F. Permits may be obtained from all North Carolina Marine Fisheries License offices.

G. All striped bass taken during season closures and all undersized striped bass shall be immediately returned to the waters where taken, regardless of the condition of the fish.

H. Hook-and-line fishing equipment is not commercial fishing equipment in the striped bass fishery and it is illegal to sell or purchase striped bass taken by hook-and-line in accordance with N.C. Marine Fisheries Rule 15A NCAC 03M .0201(b).

I. Holders of Recreational Commercial License or hook-and-line fishermen must follow the bag and restrictions of the recreational fishery for striped bass.

J.Dealers whose businesses are located in Beaufort, Carteret, Craven and Pamlico counties may obtain tags by contacting the Morehead City Marine Patrol Office at 1-800-682-2632 or (252) 726-7021. Dealers whose businesses are located in Hyde, Dare, Tyrrell, Washington, Bertie, Chowan, Pasquotank, Camden, Hertford and other northern counties may obtain tags by contacting the Manteo Marine Patrol at 1-800-405-7774 or 252-473-5734. Allow 48 hours for delivery.

January 11, 2012
11:00 A.M.
FF-1-2012

N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • (252) 726-7021 or 1-800-682-2632

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