FF-77-2008

PROCLAMATION

RE: SPINY DOGFISH-COMMERCIAL FISHING OPERATIONS- ATLANTIC OCEAN-HARVEST PERIOD II

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Thursday, January 1, 2009 the following restrictions will apply to the harvest of spiny dogfish in the Atlantic Ocean waters of North Carolina.

I. TRIP LIMITS

No commercial fishing operation, regardless of the number of people involved, may possess more than 3,000 pounds per day of spiny dogfish.

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.0512.

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

C. The National Marine Fisheries Service (NMFS) closed federal waters to the possession, transfer or landing of spiny dogfish effective August 20, 2008. On October 21, 2008, NMFS announced that the federal waters closure of the spiny dogfish fishery will remain in effect until May 1, 2009. Fishermen who desire to participate in the state waters spiny dogfish fishery are required to surrender their federal spiny dogfish permits.

D. 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.

E. This proclamation supersedes Proclamation FF-50-2008, dated April 29, 2008. Finfish dealers are required to possess a valid Spiny Dogfish Dealer Permit and adhere to the daily reporting requirements in Proclamation FF-49-2008, dated April 29, 2008

November 24, 2008
11:45 A.M.
FF-77-2008
/sab