M-1-2005

PROCLAMATION

RE:TEMPORARY SUSPENSION OF RULE - MENHADEN AND ATLANTIC THREAD HERRING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 6:00 A.M., Monday, January 17, 2005, the following will apply to North Carolina Fisheries Rules for North Carolina Waters:

1. North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0401 (a)(2) is modified by the suspension of the following wording: “and in the Atlantic Ocean within one mile of shore.”

2. That portion of North Carolina Fisheries Rules for Coastal Waters 15A NCAC 3M .0401(a)(2) as modified will read as follows:

(a) It is unlawful to take menhaden or Atlantic thread herring with a purse seine in violation of any of the following limitations:

(2) Between January 16 and May 14 in internal waters.

GENERAL INFORMATION:

A. This proclamation is issued under the authority of G.S. 113-170.4; 113-170.5; 113-182; 113- 221(e); 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I .0102 and 3M .0401.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority per 15A NCAC 3H .0103.

C. It is unlawful to remove striped bass from any type of net with the aid of any boat hook, gaff, spear, gig or similar device.

D. This action temporarily suspends a portion of Marine Fisheries Rule 15A NCAC 3M .0401 (a)(2). All other provisions of this rule remain in effect. Variable conditions are that mechanical breakdowns and weather conditions have prevented fishing since early December, 2004. This temporary suspension is necessary to allow fishing under more favorable conditions.

The temporary suspension ends by this proclamation at 8:00 P.M. on Wednesday, February 2, 2005.

January 14, 2005

10:30 A.M.

M-1-2005

/dlt