FF-65-2008

PROCLAMATION

RE: STRIPED BASS PERMITS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 8:00 A.M., Sunday, September 28, 2008, the following will apply to the taking of striped bass from the Atlantic Ocean for commercial purposes:

I. SUSPENSION OF PORTIONS OF MARINE FISHERIES RULES 15A NCAC 3O .0503 AND 15A NCAC 3O .0501

The following portions of N.C. Fisheries Rules for Coastal Waters 15A NCAC 3O .0503 and 15A NCAC 3O .0501 (f) that deal with Atlantic Ocean Striped Bass Commercial Gear Permits are suspended:
15A NCAC 3O.0503
Section (i), which reads:
Atlantic Ocean Striped Bass Commercial Gear Permit:
(1) It is unlawful to take striped bass from the Atlantic Ocean in a commercial fishing
operation without first obtaining an Atlantic Ocean Striped Bass Commercial Gear Permit.
(2) It is unlawful to use a single Standard Commercial Fishing License, including
assignments, to obtain more than one Atlantic Ocean Striped Bass Commercial Gear Permit during a license year.

15A NCAC 03O .0501
B. Section(f), which reads:
(f) Atlantic Ocean Striped Bass Commercial Gear Permit:
(1) Application for an Atlantic Ocean Striped Bass Commercial Gear Permit must be made prior to November 1 of each year. A person shall declare one of the following gears for an initial Atlantic Ocean Striped Bass Commercial Gear Permit and at intervals of three consecutive license years thereafter:
(A) gill net;
(B) trawl; or
(C) beach seine.
For the purpose of this Rule, a beach seine is defined as a swipe net constructed of multi-filament or multi-fiber webbing fished from the ocean beach that is deployed from a vessel launched from the ocean beach where the fishing operation takes place.
Gear declarations are binding on the permittee for three consecutive license years without regard to subsequent annual permit issuance.
(2) A person is not eligible for more than one Atlantic Ocean Striped Bass Commercial Gear Permit regardless of the number of Standard Commercial Fishing Licenses, Retired Standard Commercial Fishing Licenses or assignments held by the person.
(3) The annual, nonrefundable permit fee is ten dollars ($10.00).

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 .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 intent of this proclamation is to delay the implementation of the Atlantic Ocean Striped Bass Commercial Gear Permit.

D. This proclamation supersedes FF-56-2008, dated June 27, 2008 and remains in effect until midnight, September 30, 2008.

September 26, 2008
8:00 A.M.
FF-65-2008
/sab