FF-51-2009(REVISED)
PROCLAMATION

RE: SNAPPER-GROUPER COMPLEX-COMMERCIAL AND RECREATIONAL PURPOSES

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Friday, September 18, 2009, the following restrictions will apply to the fisheries for snapper-grouper:

I. Black Sea Bass, south of Cape Hatteras (35o 15.0321’ N. Latitude)
A. It is unlawful to possess black sea bass less than ten inches total length for commercial purposes.
B. It is unlawful to possess black sea bass less than 12 inches total length when taken for recreational purposes.
C. It is unlawful to take or possess more than 15 black sea bass per person per day without a valid Federal Commercial Snapper-Grouper permit.

II. Gag Grouper and Black Grouper
A. It is unlawful to possess gag or black grouper less than 24 inches total length.
B. It is unlawful to possess more than one gag or black grouper per person per day without a valid Federal Commercial Snapper-Grouper permit.

III. Other Groupers
A. It is unlawful to possess shallow water grouper species taken from the waters under the jurisdiction of North Carolina or the South Atlantic Fishery Management Council from January 1 through April 30. Shallow water grouper species include gag, black, red, scamp, rock hind, red hind, coney, graysby, yellowfin, yellowmouth and tiger grouper.
B. It is unlawful to possess red grouper less than 20 inches total length.
It is unlawful to possess yellowfin grouper (fireback grouper) less than 20 inches total length.
D. It is unlawful to possess scamp less than 20 inches total length.
E. It is unlawful to possess yellowmouth grouper less than 20 inches total length.
F. It is unlawful to sell or purchase speckled hind (Kitty Mitchell) or warsaw grouper.
G. It is unlawful to possess more than one speckled hind or one warsaw grouper per vessel per trip.
H. It is unlawful for a vessel with a valid Federal Commercial Snapper-Grouper permit to possess or land more than one hundred pounds of snowy grouper per trip.

IV. Greater Amberjack
A. For recreational purposes:
1. It is unlawful to possess greater amberjack less than 28 inches fork length.
2. It is unlawful to possess more than one greater amberjack per person per day.
B. For commercial purposes:
1. It is unlawful to possess greater amberjack less than 36 inches fork length.
2. It is unlawful to sell or purchase greater amberjack less than 36 inches fork length.
C. It is unlawful to possess more than one greater amberjack per person per day without a valid Federal Commercial Snapper-Grouper permit.
D. It is unlawful to possess more than one greater amberjack per person per day during the month of April.
E. It is unlawful to sell or purchase greater amberjack during any season closure for greater amberjack.


V. Red Snapper
A. It is unlawful to possess red snapper less than 20 inches total length.
B. It is unlawful to possess more than two red snapper per person per day without a valid Federal Commercial Snapper-Grouper permit.

Vermilion Snapper
A. For recreational purposes:
1. It is unlawful to possess vermilion snapper (beeliner) less than 12 inches total length.
2. It is unlawful to possess more than 5 vermilion snapper per person per day.
3. It is unlawful to possess vermilion snapper (beeliner) taken from the waters under the
jurisdiction of North Carolina or the South Atlantic Fishery Management Council from November 1 through March 31.
B. For commercial purposes:
1. It is unlawful to possess or sell vermilion snapper in a commercial fishing operation from September 18 through December 31, 2009.
2. It is unlawful to possess a recreational bag limit of vermilion snapper aboard a vessel involved in a commercial fishing operation.
3. Dealers have until September 25, 2009 to sell, offer for sale, transport, or have in possession unfrozen vermilion snapper taken prior to the closure.

VII. Other Snapper
A. It is unlawful to possess silk snapper less than 12 inches total length.
B. It is unlawful to possess blackfin snapper less than 12 inches total length.

VIII. Red Porgy
A. It is unlawful to possess red porgy less than 14 inches total length.
B. It is unlawful to possess more than three red porgies per person per day without a valid Federal Commercial Snapper-Grouper permit.
C. It is unlawful to sell or offer for sale or purchase red porgy from January 1 through April 30.
D. It is unlawful for a vessel with a valid Federal Commercial Snapper-Grouper permit to possess or land more than 120 individual red porgy per vessel per trip from May 1 through December 31.

IX. Combined Bag Limits
A. It is unlawful to possess more than 5 vermilion snapper and 10 other snappers per person per day of which no more than two may be red snapper without a valid Federal Commercial Snapper-Grouper permit.
B. It is unlawful to possess more than three grouper per person without a valid Federal Commercial Snapper-Grouper permit of which:
1. no more than one may be a gag or black grouper (individually or in combination) per person per day;
2. no more than three blueline tilefish or sand tilefish per person per day;
3. no more than one per vessel per trip may be a speckled hind;
4. no more than one per vessel per trip may be a warsaw grouper;
5. no more than one per person per day may be a snowy grouper; and
6. no more than one per person per day may be a golden tilefish.
C. It is unlawful to possess more than 20 fish in the aggregate per person per day of the following species without a valid Federal Commercial Snapper-Grouper permit: whitebone porgy, jolthead porgy, knobbed porgy, longspine porgy, scup, sheepshead, gray triggerfish, queen triggerfish, yellow jack, crevalle jack, bar jack, almaco jack, lesser amberjack, banded rudderfish, white grunt, tomtate, margate, spadefish, and hogfish.
D. It is unlawful to possess any species of the Snapper-Grouper complex except snowy, warsaw, yellowedge, and misty groupers; blueline, golden and sand tilefishes; while having longline gear aboard a vessel.
E. It is unlawful to possess Nassau grouper or goliath grouper.
 F. It is unlawful for persons in possession of a valid National Marine Fisheries Service Snapper-Grouper Permit for Charter Vessels to exceed the creel restrictions established in Sections (I ), (V), (IX), and (X) of this proclamation when fishing with more than three persons (including the captain and mate) on board.

X. Fish Traps/Pots
A. It is unlawful to use or have on board a vessel fish traps for taking snappers and groupers except sea bass pots as allowed in Section X. B. below.
B. Sea bass may be taken with pots that conform with the federal rule requirements for mesh sizes and pot size as specified in 50 CFR Part 646.2, openings and degradable fasteners specified in 50 CFR Part 646.22(c)(2)(i), and escape vents and degradable materials as specified in 50 CFR Part 622.40 (b)(3)(i) and rules published in 50 CFR pertaining to sea bass north of Cape Hatteras (35° 15.0321' N. Latitude). South of Cape Hatteras, sea bass may be taken with pots that conform with the federal rule requirements for mesh sizes and pot size as specified in 50 CFR Part 622.40. Copies of these rules are available via the Federal Register posted on the Internet at www.gpoaccess.gov/fr and at the Division of Marine Fisheries, P.O. Box 769, Morehead City, North Carolina 28557 at no cost.

XI. Dehooking Tools
It is unlawful to fail to use dehooking tools in both the recreational and commercial snapper-grouper fisheries when the fish is to be released.

XII. 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, 3I .0102, 3M .0506 and 3M .0512.
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 maintain North Carolina’s compliance with the requirements of Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region. Effective October 1, 2008, the provisions found in this proclamation were eliminated from N.C. Fisheries Rule 15A NCAC 3M .0506 in order to allow the Fisheries Director the latitude to comply with changes that occur in the requirements without suspending portions of the rule.
D. There are no provisions for multiple day trip possessions for vessels without a valid Federal Commercial Snapper-Grouper Permit.
E. The gag grouper, black sea bass and vermilion snapper commercial fisheries are managed by quota and will close by proclamation when the quotas are reached. The vermilion snapper quota will be reached on September 18, 2009.
F. This proclamation revises Proclamation FF-51-2009, dated September 15, 2009. Proclamation FF-48-2008, dated July 6, 2009 should have been FF-48-2009.

September 15, 2009
11:30 A.M.
FF-51-2009(REVISED)
/sab