XI. Fish Traps/Pots

A. It is unlawful to use or have on board a vessel fish traps for taking snappers and groupers except sea bass pots as allowed in Section XI. B. below.

B. 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 degradable 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° 15.0321' N. Latitude). South of Cape Hatteras, 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. Copies of these rules are available via the Federal Register posted on the Internet at ww.gpoaccess.gov/fr and at the Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557 at no cost.

XII. Dehooking Tools
It is unlawful to fail to use dehooking tools in both the recreational and commercial snapper-grouper fisheries when the fish is to be released.

XIII. 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, 03I .0102, 03M .0506 and 03M .0512.

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 03H .0103.

C. The intent of this proclamation is to maintain North Carolina’s compliance with the requirements of Amendments 15B and 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region. Effective October 1, 2008, the provisions found in this proclamation were eliminated from N.C. Fisheries Rule 15A NCAC 03M .0506 in order to allow the Fisheries Director the latitude to comply with changes that occur in the requirements without suspending portions of the rule.

D. Provisions for multiple day trip possessions for vessels without a valid Federal South Atlantic Snapper-Grouper Permit are found in 50 CFR Part §622.39. This rule states in part that a person aboard a charter vessel or headboat on a trip that spans more than 24 hours may possess no more than two daily bag limits of species other than red porgy. A person aboard a headboat on a trip that spans more than 48 hours and who can document that fishing was conducted on at least three days may possess no more than three bag limits of species other than red porgy. Privately-operated vessels are allowed only one bag limit. The gag grouper, black sea bass and vermilion snapper commercial fisheries are managed by quota and will close by proclamation when the quotas are reached.

E. This proclamation supersedes Proclamation FF-53-2011, dated April 26, 2011. Regulatory Amendment 9 reduces the recreational black sea bass trip limit from 15 to 5 fish effective June 22, 2011. It also establishes commercial trip limits for gag grouper and vermilion snapper and increases the commercial trip limit for greater amberjack. The trip limit changes for these three species take effect July 15, 2011. Recently enacted measures in federal waters concerning deep water harvest can be found in 50 CFR Part § 622. and the use of circle hooks is addressed in 50 CFR Part 622.41(n)(2).

June 17, 2011
1:45 P.M.
FF-58-2011