FLOUNDER – COMMERCIAL FISHING OPERATIONS – AT

I. HARVEST LIMITS

A. During the period beginning at 12:01 A.M., Thursday, January 31, 2008 and ending at 6:00 P.M., Friday, February 29, 2008, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 10,000 pounds of flounder taken from the Atlantic Ocean.  These operations require 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 spring quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., February 28, 2008, whichever occurs first.
B. Vessels holding a permit which authorizes landing in Virginia may have in possession no more than 22,500 pounds of flounder taken from the Atlantic Ocean.  However, under no circumstances may more than 10,000 pounds of flounder be offloaded in North Carolina.  This possession allowance applies only from 12:01 A.M., Monday, February 4, 2008 to 6:00 P.M. February 14, 2008 or whenever the Virginia flounder season closes, whichever occurs first.
     C.  Captains of vessels possessing more than the 10,000 pound North Carolina catch limit                      during the February 4 through 14, 2008 period are required to notify Marine Patrol by                          telephone (1-800-682-2632 or 1-252-726-7021) prior to landing and report the location and               estimated time of arrival.

II. PERMITS

A. Finfish dealers may not buy more than 100 pounds of flounder per day per commercial fishing operation unless the dealer has a valid 2008 Atlantic Ocean Flounder Dealer Permit. Vessels landing more than 100 pounds of flounder per day from the Atlantic Ocean are required to possess a valid License to Land Flounder from the Atlantic Ocean from the North Carolina Division of Marine Fisheries.  Permits will be issued only to those licensed fish dealers holding a valid license as authorized in G.S. 113-169.3.   Dealers must abide by all conditions of the 2008 Atlantic Ocean Flounder Dealer Permit.

B. Dealers possessing a 2008 Atlantic Ocean Flounder Dealer Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries flounder landings from the Atlantic Ocean for the previous day.

PROCLAMATION FF-15-2008
PAGE 2

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 Rules 15A NCAC 3M .0503 and 3O. 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 landing prohibition beginning at 6:00 P.M. on February 29, 2008 will allow the Division to review landing reports.  Landings for the second harvest period may be adjusted by proclamation if the winter quota of flounder has not been taken.

D. 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. 

E. Marine Fisheries Rule 15A NCAC 3M .0503 (c) (1) states 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 North Carolina License to Land Flounder from the Atlantic Ocean.  This is in addition to the normally required licenses.

F. Marine Fisheries Rule 15A NCAC 3M .0503 (c) (2) specifies that 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 North Carolina License to Land Flounder from the Atlantic Ocean.

G. Marine Fisheries Rule 15A NCAC 3I .0113 specifies that 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.

H. The intent of this proclamation is to establish trip limits and a reporting process for the taking of flounder from the Atlantic Ocean to assure that the spring, 2008 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.
This proclamation makes provision for vessels with Virginia flounder landing permits to possess both a North Carolina and a Virginia limit when landing.  No offloading over the 10,000 pound North Carolina limit is allowed in North Carolina ports. 

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

FF-16-2008

PROCLAMATION

RE:  BLACK SEA BASS – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Thursday, January 31, 2008, the following restrictions shall apply to the commercial black sea bass fishery north of Cape Hatteras (35° 15.3’N. Latitude):

I. SIZE LIMIT
It is unlawful to possess black sea bass less than 11 inches total length north of Cape Hatteras.  Total length shall        be measured along the lateral midline from the tip of the nose to the tip tail, excluding the caudal fin filament.

II. HARVEST LIMITS
A. During the period beginning at 12:01 A.M., Thursday, January 31, 2008 and ending at 6:00 P.M., Thursday, February 14, 2008, no commercial trawl, fish pot or hook and line fishing operation, regardless of the number of people involved, may have total landings of more than 5,000 pounds of black sea bass taken from the Atlantic Ocean north of Cape Hatteras.  The Atlantic Ocean black sea bass fishery will close immediately after the Director issues a public notice that the quota of black sea bass has been landed from the Atlantic Ocean north of Cape Hatteras, or at 6:00 P.M., February 14, 2008, whichever occurs first.

B. During any closed season, vessels may land up to 100 pounds of black sea bass per trip taken from the Atlantic Ocean.

III.  GEAR RESTRICTIONS

A. FISH TRAPS/POTS:
Black sea bass pots or traps must conform with the Federal rule requirements for escape vents specified in 50 CFR 648.144 (b)(2) and for degradable fasteners specified in 50 CFR 648.144 (b)(3)(i), (ii) and (iii).  (See Section IV.H).

IV. PERMITS
A. Finfish dealers may not buy more than 100 pounds of black sea bass caught north of Cape Hatteras per day per commercial fishing operation unless the dealer has a valid 2008 Black Sea Bass – North of Cape Hatteras Dealer Permit from the North Carolina Division of Marine Fisheries.  Permits will be issued only to those licensed fish dealers holding a valid license as authorized in G.S. 113-169.3. Dealers must abide by all conditions of the 2008 Black Sea Bass-North of Cape Hatteras Dealer Permit as set out in Proclamation FF–2006, dated November 21, 2006.

B. Dealers possessing a 2008 Black Sea Bass – North of Cape Hatteras Dealer Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries black sea bass landings from the Atlantic Ocean for the previous day.

PROCLAMATION FF-16-2008
PAGE 2

V. 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 Rules 15A NCAC 3M .0503, 3M .0506 and .0512 and 3O. 0501.

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 landing prohibition beginning at 6:00 P.M. on February 14, 2008 will allow the Division to review landing reports.

D. 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. 

E. Marine Fisheries Rule 15A NCAC 3I .0113 specifies that 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 licensees possession.

F. Federal regulations for Fisheries of the Northeastern United States specify in 50 CFR Part 648.4(a)(7) that “any vessel of the United States that fishes for or retains black sea bass in or from the EEZ north of 35°15.3’ N. lat., the latitude of Cape Hatteras Light, NC, must have been issued and carry on board a valid black sea bass moratorium permit, except for vessels other than party or charter vessels that observe the possession limit established pursuant to §648.145.”

G. The intent of this proclamation is to allow North Carolina to comply with the requirements of the joint Mid-Atlantic Fisheries Management Council-Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fisheries Management Plan (FMP) and to manage the commercial black sea bass fishery under the state quota system established by the FMP.  North Carolina is operating under a state quota and these trip limits and harvest periods are intended to constrain the harvest to the quota. 

H. The minimum size limit for black sea bass south of Cape Hatteras remains 10 inches in total length for commercial purposes.

FF-17-2008

PROCLAMATION
RE: SCUP

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 1:00 P.M., Thursday, January 31, 2008, the following restrictions will apply to the commercial scup fishery in the Atlantic Ocean north of Cape Hatteras (35° 15′ N. Latitude):

I. SIZE AND HARVEST LIMITS

A. No person may take, possess, buy, sell or offer for sale scup less than 9 inches in length.

B. No person may possess, sell or offer for sale more than 30,000 pounds of scup during the period ending at 6:00 P.M. Thursday, February 14, 2008 when taken with commercial fishing equipment or for commercial purposes during the Winter I Harvest Period.

II. TRAWL MESH REQUIREMENTS

The minimum mesh size for the commercial scup fishery will be 5 inches stretched mesh with a minimum length of 75 meshes from the terminus of the net.  For small nets with less than 75 mesh codends, the entire net will consist of 5 inch mesh.

III. 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 .0514.

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 is issued pursuant to action taken by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission establishing trip limits for the scup fishery in the Winter I period of 2008. The intent of this proclamation is to maintain North Carolina’s compliance with the requirements of the joint Mid-Atlantic Fisheries Management Council-Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fisheries Management Plan.

I. HARVEST LIMITS

A. During the period beginning at 12:01 A.M., Thursday, January 31, 2008 and ending at 6:00 P.M., Friday, February 29, 2008, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 10,000 pounds of flounder taken from the Atlantic Ocean.  These operations require 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 spring quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., February 28, 2008, whichever occurs first.

B. Vessels holding a permit which authorizes landing in Virginia may have in possession no more than 22,500 pounds of flounder taken from the Atlantic Ocean.  However, under no circumstances may more than 10,000 pounds of flounder be offloaded in North Carolina.  This possession allowance applies only from 12:01 A.M., Monday, February 4, 2008 to 6:00 P.M. February 14, 2008 or whenever the Virginia flounder season closes, whichever occurs first.

     C.  Captains of vessels possessing more than the 10,000 pound North Carolina catch limit                      during the February 4 through 14, 2008 period are required to notify Marine Patrol by                          telephone (1-800-682-2632 or 1-252-726-7021) prior to landing and report the location and               estimated time of arrival.

II. PERMITS

A. Finfish dealers may not buy more than 100 pounds of flounder per day per commercial fishing operation unless the dealer has a valid 2008 Atlantic Ocean Flounder Dealer Permit. Vessels landing more than 100 pounds of flounder per day from the Atlantic Ocean are required to possess a valid License to Land Flounder from the Atlantic Ocean from the North Carolina Division of Marine Fisheries.  Permits will be issued only to those licensed fish dealers holding a valid license as authorized in G.S. 113-169.3.   Dealers must abide by all conditions of the 2008 Atlantic Ocean Flounder Dealer Permit.

B. Dealers possessing a 2008 Atlantic Ocean Flounder Dealer Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries flounder landings from the Atlantic Ocean for the previous day.

PROCLAMATION FF-15-2008

PAGE 2

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 Rules 15A NCAC 3M .0503 and 3O. 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 landing prohibition beginning at 6:00 P.M. on February 29, 2008 will allow the Division to review landing reports.  Landings for the second harvest period may be adjusted by proclamation if the winter quota of flounder has not been taken.

D. 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. 

E. Marine Fisheries Rule 15A NCAC 3M .0503 (c) (1) states 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 North Carolina License to Land Flounder from the Atlantic Ocean.  This is in addition to the normally required licenses.

F. Marine Fisheries Rule 15A NCAC 3M .0503 (c) (2) specifies that 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 North Carolina License to Land Flounder from the Atlantic Ocean.

G. Marine Fisheries Rule 15A NCAC 3I .0113 specifies that 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.

H. The intent of this proclamation is to establish trip limits and a reporting process for the taking of flounder from the Atlantic Ocean to assure that the spring, 2008 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.

This proclamation makes provision for vessels with Virginia flounder landing permits to possess both a North Carolina and a Virginia limit when landing.  No offloading over the 10,000 pound North Carolina limit is allowed in North Carolina ports. 

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

FF-16-2008

PROCLAMATION

RE:  BLACK SEA BASS – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Thursday, January 31, 2008, the following restrictions shall apply to the commercial black sea bass fishery north of Cape Hatteras (35° 15.3’N. Latitude):

I. SIZE LIMIT

It is unlawful to possess black sea bass less than 11 inches total length north of Cape Hatteras.  Total length shall        be measured along the lateral midline from the tip of the nose to the tip tail, excluding the caudal fin filament.

II. HARVEST LIMITS

A. During the period beginning at 12:01 A.M., Thursday, January 31, 2008 and ending at 6:00 P.M., Thursday, February 14, 2008, no commercial trawl, fish pot or hook and line fishing operation, regardless of the number of people involved, may have total landings of more than 5,000 pounds of black sea bass taken from the Atlantic Ocean north of Cape Hatteras.  The Atlantic Ocean black sea bass fishery will close immediately after the Director issues a public notice that the quota of black sea bass has been landed from the Atlantic Ocean north of Cape Hatteras, or at 6:00 P.M., February 14, 2008, whichever occurs first.

B. During any closed season, vessels may land up to 100 pounds of black sea bass per trip taken from the Atlantic Ocean.

III.  GEAR RESTRICTIONS

A. FISH TRAPS/POTS:

Black sea bass pots or traps must conform with the Federal rule requirements for escape vents specified in 50 CFR 648.144 (b)(2) and for degradable fasteners specified in 50 CFR 648.144 (b)(3)(i), (ii) and (iii).  (See Section IV.H).

IV. PERMITS

A. Finfish dealers may not buy more than 100 pounds of black sea bass caught north of Cape Hatteras per day per commercial fishing operation unless the dealer has a valid 2008 Black Sea Bass – North of Cape Hatteras Dealer Permit from the North Carolina Division of Marine Fisheries.  Permits will be issued only to those licensed fish dealers holding a valid license as authorized in G.S. 113-169.3. Dealers must abide by all conditions of the 2008 Black Sea Bass-North of Cape Hatteras Dealer Permit as set out in Proclamation FF–2006, dated November 21, 2006.

B. Dealers possessing a 2008 Black Sea Bass – North of Cape Hatteras Dealer Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries black sea bass landings from the Atlantic Ocean for the previous day.

PROCLAMATION FF-16-2008

PAGE 2

V. 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 Rules 15A NCAC 3M .0503, 3M .0506 and .0512 and 3O. 0501.

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 landing prohibition beginning at 6:00 P.M. on February 14, 2008 will allow the Division to review landing reports.

D. 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. 

E. Marine Fisheries Rule 15A NCAC 3I .0113 specifies that 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 licensees possession.

F. Federal regulations for Fisheries of the Northeastern United States specify in 50 CFR Part 648.4(a)(7) that “any vessel of the United States that fishes for or retains black sea bass in or from the EEZ north of 35°15.3’ N. lat., the latitude of Cape Hatteras Light, NC, must have been issued and carry on board a valid black sea bass moratorium permit, except for vessels other than party or charter vessels that observe the possession limit established pursuant to §648.145.”

G. The intent of this proclamation is to allow North Carolina to comply with the requirements of the joint Mid-Atlantic Fisheries Management Council-Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fisheries Management Plan (FMP) and to manage the commercial black sea bass fishery under the state quota system established by the FMP.  North Carolina is operating under a state quota and these trip limits and harvest periods are intended to constrain the harvest to the quota. 

H. The minimum size limit for black sea bass south of Cape Hatteras remains 10 inches in total length for commercial purposes.

FF-17-2008

PROCLAMATION

RE: SCUP

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 1:00 P.M., Thursday, January 31, 2008, the following restrictions will apply to the commercial scup fishery in the Atlantic Ocean north of Cape Hatteras (35° 15′ N. Latitude):

I. SIZE AND HARVEST LIMITS

A. No person may take, possess, buy, sell or offer for sale scup less than 9 inches in length.

B. No person may possess, sell or offer for sale more than 30,000 pounds of scup during the period ending at 6:00 P.M. Thursday, February 14, 2008 when taken with commercial fishing equipment or for commercial purposes during the Winter I Harvest Period.

II. TRAWL MESH REQUIREMENTS

The minimum mesh size for the commercial scup fishery will be 5 inches stretched mesh with a minimum length of 75 meshes from the terminus of the net.  For small nets with less than 75 mesh codends, the entire net will consist of 5 inch mesh.

III. 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 .0514.

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 is issued pursuant to action taken by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission establishing trip limits for the scup fishery in the Winter I period of 2008. The intent of this proclamation is to maintain North Carolina’s compliance with the requirements of the joint Mid-Atlantic Fisheries Management Council-Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fisheries Management Plan.

D. This proclamation sets out the harvest periods and limits for the commercial scup season through February 14, 2008.  At that time, a proclamation will be issued which coordinates scup limits with the harvest periods for summer flounder and black sea bass.  If the Winter I quota is being approached at any time prior to April 30, 2008, a closure proclamation will be issued.