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FF-5-2007 Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, January 29, 2007 the season for the harvest of striped bass with gill nets in the Atlantic Ocean waters of North Carolina WILL OPEN. The following restrictions shall apply: I. SIZE LIMIT No person may possess, transport, buy, sell or offer for sale striped bass less than 28 inches total length taken with ocean gill nets from the Atlantic Ocean. II. HARVEST RESTRICTIONS No individual may land or sell more than 10 striped bass per person per day except that an ocean gill net operation consisting of more than one Standard Commercial Fishing License (SCFL) holder may land or sell no more than two daily harvest limits (20 fish). A SCFL holder must accompany each single harvest limit (10 fish) until the time of sale to a dealer who possesses a valid 2006/2007 Striped Bass Dealer Permit validated for the Atlantic Ocean. Harvest will be allowed on Monday, January 29, 2007, Tuesday, January 30, 2007 and Wednesday, January 31, 2007. For the purpose of this proclamation, a gill net is defined as a net deployed from and retrieved into a vessel and set vertically in the water to capture fish by entanglement by the gills in its mesh as a result of net design, construction, mesh size, webbing diameter or method in which it is used. III. LANDING RESTRICTIONS Striped bass harvested in this fishery may be sold only to and purchased by a currently licensed finfish dealer possessing a valid 2006/2007 Striped Bass Dealer Permit validated for the Atlantic Ocean. IV. DEALER PERMITS No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without first obtaining a 2006/2007 STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean from the N.C. Division of Marine Fisheries. Dealers must abide by all conditions of the STRIPED BASS DEALER PERMIT and the general permit conditions found in 15A NCAC 3O .0501. Only a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean may be used for transactions involving striped bass taken from the area opened by this proclamation. Striped bass lawfully sold to a permitted dealer may be resold to a non-permitted wholesale or retail market provided the initial permitted dealer records their dealer identification number on each bill of lading or receipts involved in the shipment of striped bass. Any individual or corporation who holds a current finfish dealer license must obtain a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean in order to sell any striped bass personally harvested. V. SALE TAGS No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without having affixed either a North Carolina Division of Marine Fisheries-issued Atlantic Ocean striped bass sale tag affixed through the mouth and gill cover. In the case of striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin must be affixed. VI. SEASON CLOSURE The Atlantic Ocean gill net season for striped bass WILL CLOSE by proclamation when the harvest from this fishery reaches 240,000 pounds or at 8:00 P.M. on January 31, 2007, whichever occurs first. If the quota is exceeded prior to January 25, 2007, a proclamation closing harvest will be issued. VII. GENERAL INFORMATION A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 170.5; 113-182; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3M .0201; 3M.0204; and 3O .0501. B. It is unlawful to violate the provisions of any proclamation issued by the Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103. C. The intent of this proclamation is to allow the commercial harvest of striped bass from the Atlantic Ocean by traditional gears within the 480,480 pound quota established for the 2006/2007 season by the Atlantic States Marine Fisheries Commission Fishery Management Plan for Striped Bass. The NMFS Bottlenose Dolphin Take Reduction Plan prohibits the use of gill nets, greater than or equal to 7 inch stretched mesh, at night from December 16 through April 14, unless tie downs are used from the NC/VA border (36° 33’ N) to Cape Lookout (34° 35.4’N). Tie downs shall be spaced not more than 15 feet apart along the float line, not more than 48 inches in length from the point where it connects to the float line to the point where it connects to the lead line. Night is any time one hour after sunset and one hour prior to sunrise. From Cape Lookout (34° 35.4’N) to the NC/SC border (33° 52’N) gill nets greater than or equal to 7 inch stretched mesh are prohibited at night from December 16 through April 14, and must be removed from the water. The waters of the Atlantic Ocean, as applicable to this proclamation are defined as waters seaward of the COLREGS Demarcation Lines as indicated on National Ocean Service navigation charts for the areas to which this proclamation applies. Permits may be obtained from all North Carolina Marine Fisheries License Offices. All striped bass taken during season closures and all undersized striped bass shall be immediately returned to the waters where taken, regardless of the condition of the fish. Hook-and-line fishing equipment is not commercial fishing equipment in the striped bass fishery and it is illegal to sell or purchase striped bass taken by hook-and-line in accordance with N.C. Marine Fisheries Rule 15A NCAC 3M .0201 (b). STRIPED BASS DEALER PERMITS validated for the Atlantic Ocean Management Area and sale tags are available at no cost from N.C. Division of Marine Fisheries License Offices in Elizabeth City, Wanchese, Columbia, Washington, Wilmington and Morehead City. The sale tags will no longer be delivered by Marine Patrol.
January 26, 2007
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