TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, September 9, 2007, the following shall apply to North Carolina Fisheries Rules for North Carolina Coastal Waters:

1.   North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.
 
2.         North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the               suspension of the wording in (d) in its entirety.

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, 3I .0102 and   3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest measure as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from those limits in the present rule. This temporary suspension is necessary to implement a more restrictive no harvest measure in all joint and coastal fishing waters of the state.

E. The Director will implement commercial and recreational harvest limits in a subsequent                  proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

F. This Proclamation supersedes FF-44-2007, dated June 27, 2007.


FF-54-2007





                               



TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, September 9, 2007, the following shall apply to North Carolina Fisheries Rules for North Carolina Coastal Waters:

1.   North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.
 
2.         North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the               suspension of the wording in (d) in its entirety.

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, 3I .0102 and   3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest measure as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from those limits in the present rule. This temporary suspension is necessary to implement a more restrictive no harvest measure in all joint and coastal fishing waters of the state.

E. The Director will implement commercial and recreational harvest limits in a subsequent                  proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

F. This Proclamation supersedes FF-44-2007, dated June 27, 2007.


FF-54-2007





                               

TEMPORARY SUSPENSION OF RULE – GILL NET ATTENDANCE REQUIREMENTS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 8:00 A.M., Tuesday, May 1, 2007, the following will apply to North Carolina Fisheries Rules for North Carolina Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3J .0103 is modified by the suspension of the wording in (h) of that Rule.

2. This suspension of Rule 15A NCAC 3J .0103 (h) ends by this proclamation at midnight on Tuesday, May 15, 2007.

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, 3I .0102 and 3J .0103.

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 Rule15A NCAC 3H .0103.

C. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3J .0103 (h).  All other provisions of this rule remain in effect.  Variable conditions are that the abnormally cool water temperatures of spring 2007 have delayed normal fish movement.   This temporary suspension is intended to allow fishermen an additional period in which attendance of small mesh gill nets is not required.  Effective at 12:01 a.m. on Tuesday, May 15, 2007, attendance of small mesh gill nets is required as normal. 


TEMPORARY SUSPENSION OF RULE – GILL NET ATTENDANCE REQUIREMENTS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 8:00 A.M., Tuesday, May 1, 2007, the following will apply to North Carolina Fisheries Rules for North Carolina Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3J .0103 is modified by the suspension of the wording in (h) of that Rule.

2. This suspension of Rule 15A NCAC 3J .0103 (h) ends by this proclamation at midnight on Tuesday, May 15, 2007.

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, 3I .0102 and 3J .0103.

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 Rule15A NCAC 3H .0103.

C. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3J .0103 (h).  All other provisions of this rule remain in effect.  Variable conditions are that the abnormally cool water temperatures of spring 2007 have delayed normal fish movement.   This temporary suspension is intended to allow fishermen an additional period in which attendance of small mesh gill nets is not required.  Effective at 12:01 a.m. on Tuesday, May 15, 2007, attendance of small mesh gill nets is required as normal. 

TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, April 29, 2007, the following shall apply to North Carolina Fisheries Rules for North Carolina Coastal Waters:

1.   North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.
 
2.         North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the               suspension of the wording in (d) in its entirety.

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, 3I .0102 and   3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest measure as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from those limits in the present rule. This temporary suspension is necessary to implement a more restrictive no harvest measure in all joint and coastal fishing waters of the state.

E. The Director will implement commercial and recreational harvest limits in a subsequent                  proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

F. This Proclamation supersedes FF-17-2007, dated February 23, 2007.


FF-37-2007

RE:   RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, the following restrictions shall apply to the harvest of river herring:

I. HARVEST RESTRICTIONS

It is unlawful for any person to possess, sell or offer for sale river herring (alewife and blueback herring) from the Joint and Coastal fishing waters of the state.

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. Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513. 

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. This proclamation action is taken due to temporary suspension of Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect. 

D. The Marine Fisheries Commission has recommended a no harvest provision as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from the limits in the present rule.  This proclamation implements a more restrictive harvest measure.

E. This proclamation supersedes FF-18-2007, dated February 23, 2007.

FF-38-2007


                                                
              


PROCLAMATION

RE: SNAPPER-GROUPER 

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, 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-39-2007, dated April , 2007. 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-19-2007, dated February 23, 2007.


FF-39-2007


                                                
              


PROCLAMATION

RE: SNAPPER-GROUPER 

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, 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-19-2007, dated February 23, 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 eleven 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. This proclamation supersedes FF-20-2007, dated February 23, 2007. 

TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, April 29, 2007, the following shall apply to North Carolina Fisheries Rules for North Carolina Coastal Waters:

1.   North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.
 
2.         North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the               suspension of the wording in (d) in its entirety.

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, 3I .0102 and   3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest measure as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from those limits in the present rule. This temporary suspension is necessary to implement a more restrictive no harvest measure in all joint and coastal fishing waters of the state.

E. The Director will implement commercial and recreational harvest limits in a subsequent                  proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

F. This Proclamation supersedes FF-17-2007, dated February 23, 2007.


FF-37-2007

RE:   RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, the following restrictions shall apply to the harvest of river herring:

I. HARVEST RESTRICTIONS

It is unlawful for any person to possess, sell or offer for sale river herring (alewife and blueback herring) from the Joint and Coastal fishing waters of the state.

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. Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513. 

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. This proclamation action is taken due to temporary suspension of Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d).  All other provisions of this rule remain in effect. 

D. The Marine Fisheries Commission has recommended a no harvest provision as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from the limits in the present rule.  This proclamation implements a more restrictive harvest measure.

E. This proclamation supersedes FF-18-2007, dated February 23, 2007.

FF-38-2007


                                                
              


PROCLAMATION

RE: SNAPPER-GROUPER 

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, 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-39-2007, dated April , 2007. 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-19-2007, dated February 23, 2007.


FF-39-2007


                                                
              


PROCLAMATION

RE: SNAPPER-GROUPER 

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, April 29, 2007, 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-19-2007, dated February 23, 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 eleven 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. This proclamation supersedes FF-20-2007, dated February 23, 2007. 

TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Monday, February 26, 2007, the following shall apply to North Carolina Fisheries Rules for North Carolina Coastal Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.

2. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the suspension of the wording in (d) in its entirety.

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, 3I .0102 and 3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d). All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest measure as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from those limits in the present rule. This temporary suspension is necessary to implement a more restrictive no harvest measure in all joint and coastal fishing waters of the state.

E. The Director will implement commercial and recreational harvest limits in a subsequent proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

F. This Proclamation supersedes FF-66-2006, dated December 18, 2006



RE: RIVER HERRING

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, February 26, 2007, the following restrictions shall apply to the harvest of river herring:

I. HARVEST RESTRICTIONS

It is unlawful for any person to possess, sell or offer for sale river herring (alewife and blueback herring) from the Joint and Coastal fishing waters of the state.

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. Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513.

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. This proclamation action is taken due to temporary suspension of Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d). All other provisions of this rule remain in effect.

D. The Marine Fisheries Commission has recommended a no harvest provision as a result of the River Herring (Blueback Herring and Alewife) Fishery Management Plan that differs from the limits in the present rule. This proclamation implements a more restrictive harvest measure.

E. This proclamation supersedes FF-67-2006, dated December 18, 2006.

TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, February 5, 2006, the following shall apply to North Carolina Fisheries Rules for North Carolina Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.

2. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the suspension of the wording in (d) in its entirety.

GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-183; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d). All other provisions of this rule remain in effect. Variable conditions are that the Marine Fisheries Commission has implemented interim measures as a result of the River Herring and Alewife Fishery Management Plan that differ from those in the present rule. This temporary suspension is necessary to implement those more restrictive harvest measures.

D. The Director will implement commercial and recreational harvest limits in a subsequent proclamation issued under his authority pursuant to 15A NCAC .0513 (a).

TEMPORARY SUSPENSION OF RULE – RIVER HERRING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Sunday, January 1, 2006, the following shall apply to North Carolina Fisheries Rules for North Carolina Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is modified by the suspension of the wording in (b) in its entirety.

2. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0513 is also modified by the suspension of the wording in (d) in its entirety.

GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-183; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513.

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. This action temporarily suspends Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d). All other provisions of this rule remain in effect. Variable conditions are that the Marine Fisheries Commission has implemented interim measures as a result of the River Herring and Alewife Fishery Management Plan that differ from those in the present rule. This temporary suspension is necessary to implement those more restrictive harvest measures.

D. The Director will implement commercial and recreational harvest limits in a subsequent proclamation issued under his authority pursuant to 15A NCAC .0513 (a).


FF-48-2005
PROCLAMATION
RE: RIVER HERRING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, January 1, 2006, the river herring season shall open and the following restrictions shall apply to the harvest:

I. SEASON

A. The river herring season in all Coastal and Joint waters areas, excluding the Albemarle Sound Herring Management Area and the Chowan River Herring Management Area, shall open with no harvest restrictions and will close at midnight on Friday, April 14, 2006.

B. The river herring commercial season in the Albemarle Sound Herring Management Area and the Chowan River Herring Management Area will close when the poundage allocations specified below are reached. Proclamations closing the fisheries will be issued at that time.

C. The river herring season for recreational purposes in all Coastal and Joint water areas of the state shall close at midnight on Friday, April 14, 2006.

II. AREA DESCRIPTION

The Albemarle Sound Herring Management Area and the Chowan River Herring Management Area as described in Marine Fisheries Rule 15A NCAC 3J .0209.

III. HARVEST LIMITS

A. Commercial River Herring Management Areas

1. The quota allocation, as set forth by the N.C. Marine Fisheries Commission, for the pound net fishery in the Chowan River Herring Management Area will be limited to 65,000 pounds.

2. The quota allocation for commercial gill net fisheries within the Albemarle Sound Herring Management Area and Chowan River Herring Management Area will be limited to 30,000 pounds.

3. An additional 5,000 pounds is available to be allocated at the discretion of the Fisheries Director for other gears or pound nets in systems outside Chowan River.

B. All Other Areas

Commercial quota allocations are not established for any other Coastal or Joint waters.

C. Recreational Limits

No person, including RCGL holders, shall take or possess more than 12 blueback herring or alewife (river herring), in the aggregate, per person, per day, taken for recreational purposes in any Coastal or Joint waters.

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-183; 113-221.1; 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0513.

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. This proclamation action is taken due to temporary suspension of Marine Fisheries Rule 15A NCAC 3M .0513 (b) and (d). All other provisions of this rule remain in effect. Variable conditions are that the Marine Fisheries Commission has implemented interim measures as a result of the River Herring Fishery Management Plan that differ from those in the present rule. This proclamation implements those more restrictive harvest measures for the 2006 season only.

D. In the Albemarle Sound Herring Management and Chowan River Herring Management Areas, it is unlawful to use drift gill nets with a mesh length less than 3 inches from January 1 through May 15 in accordance with N.C. Marine Fisheries Rule15A NCAC 3J .0209 (b).

E. N.C. Marine Fisheries Rule 15A NCAC 3O .0503 (b)(3) requires dealer permits and related reporting requirements.



FF-49-2005






PROCLAMATION

RE: AMERICAN SHAD AND HICKORY SHAD

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Sunday, January 1, 2006, the following restrictions shall apply to the harvest of American and hickory shad:

I. SEASON

The American shad harvest season in the internal Coastal and Joint waters of the state, excluding the Atlantic Ocean, will open. The hickory shad harvest season in the Atlantic Ocean, Internal Coastal and Joint waters of the state will open. The season for the commercial harvest of American shad and hickory shad shall close at 12:00 midnight, Friday, April 14, 2006.

II. RECREATIONAL HARVEST LIMITS

It is unlawful to possess more than ten (10) American shad or hickory shad, in the aggregate, per person per day taken by hook-and-line or for recreational purposes.

III. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-134; 113-181; 113-183; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103 and 3M .0513.

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. It is unlawful to take American shad and hickory shad by any method except hook-and-line from April 15 through December 31 of each year.

D. The intent of this proclamation is to open the waters of the state to the harvest of American and hickory shad. N.C. Marine Fisheries Rule 15A NCAC 3M .0513 places the shad and river herring fisheries under the full proclamation authority of the Fisheries Director.