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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation FF-26-2014

Marine Fisheries

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FF-26-2014

PROCLAMATION

RE: FLOUNDER – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN


Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Tuesday, April 15, 2014, the Atlantic Ocean commercial flounder fishery will open and the following restrictions shall apply:

I. TEMPORARY SUSPENSION OF MARINE FISHERIES RULE
The following portion of N.C. Marine Fisheries Commission Rule 15A NCAC 03M .0503 is suspended: Section (i) (1), which reads: “The North Carolina season for landing ocean-caught flounder shall open January 1 each year. If 80 percent of the quota allocated to North Carolina in accordance with the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is projected to be taken, the Fisheries Director shall, by proclamation, close North Carolina ports to landing of flounder taken from the ocean.”

II. HARVEST LIMITS
During the period beginning at 12:01 A.M., Tuesday, April 15, 2014 and ending at 6:00 P.M., Saturday, November 15, 2014, no commercial fishing operation, regardless of the number of people involved, may land more than 5,000 pounds of flounder taken from the Atlantic Ocean. The commercial fishing operation must possess a valid License to Land Flounder from the Atlantic Ocean. The Atlantic Ocean flounder fishery will close immediately after the Director issues a public notice that the quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., November 15, 2014, whichever occurs first.

III. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-134; 113- 170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Commission Rule 15A NCAC 03M .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 Commission Rule 15A NCAC 03H .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.

D. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03M .0503 (c) (1) it is unlawful to land more than 100 pounds per trip of flounder taken from the Atlantic Ocean unless the vessel has been issued a License to Land Flounder from the Atlantic Ocean. This is in addition to the normally required licenses.

E. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03M .0503 (c) (2) it is unlawful for a fish dealer to purchase or off-load more than 100 pounds of flounder taken from the Atlantic Ocean by a vessel that has not first produced a valid License to Land Flounder from the Atlantic Ocean.

F. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0113 it is unlawful for any licensee under Chapter 113, Subchapter IV of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensee’s possession.

G. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0503(b)(1)(A) it is unlawful for dealers to fail to fax or send via electronic mail by noon daily, on forms provided by the Division, the previous day’s landings for the permitted fishery to the dealer contact designated on the permit. Landings for Fridays or Saturdays shall be submitted on the following Monday. If the dealer is unable to fax or electronic mail the required information, the permittee shall call in the previous day’s landings to the dealer contact designated on the permit but shall maintain a log furnished by the Division.

I. The intent of this proclamation is to establish trip limits for the taking of flounder from the Atlantic Ocean to assure that the quota allocated to North Carolina in the joint Mid-Atlantic Fisheries Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is not exceeded.

J. Atlantic Ocean Flounder Dealer Permits are available at no cost from all Division of Marine Fisheries License Office.

K. Contact the N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557 252-726-7021 or 800-682-2632 for more information or visit the division website at http://portal.ncdenr.org/web/mf/.

L. This proclamation suspends the requirement that the season for ocean-caught flounder close after 80 percent of the annual North Carolina quota is taken, opens the season and establishes a 5,000 pound trip limit until the annual North Carolina quota is reached or November 15, 2014, whichever occurs first.

April 14, 2014
5:00 P.M.
FF-26-2014

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

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