FF-65-2010
PROCLAMATION Friday, August 20,
2010
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, August 20, 2010, 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 South Atlantic 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 South Atlantic 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.
C. 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 South Atlantic
Snapper-Grouper permit to possess or land more than one hundred pounds of snowy
grouper per trip.
I. It is unlawful to possess more than 1500 pounds of the shallow water grouper
species listed in III.A. combined per vessel of which no more than 500 pounds
may be gag or black grouper, regardless of the number of persons onboard, for
commercial purposes.
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 South Atlantic 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
It is unlawful to possess, sell or offer for sale red snapper taken from waters
under the jurisdiction of North Carolina or the South Atlantic Fishery
Management Council for recreational or commercial purposes.
PROCLAMATION FF-65-2010
PAGE 2
VI. 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 vermillion snapper (beeliner) less than 12
inches total length.
2. It is unlawful to possess more than 5 vermillion snapper per person per day
without a valid Federal Commercial
South Atlantic Snapper-Grouper permit.
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. Hogfish
A. For recreational purposes:
It is unlawful to possess more than five (5) hogfish (hog snapper) per person
per day without a valid Federal Commercial South Atlantic Snapper-Grouper
permit.
B. For commercial purposes:
1. For a single day trip, it is unlawful to possess more than 150 pounds of
hogfish per vessel, regardless
of the number of persons onboard.
2. For trips of more than one day, it is unlawful to possess more than 100
pounds of hogfish per vessel, regardless of the number of persons onboard, for
each additional day up to seven days. It is unlawful to possess more than 750
pounds of hogfish in seven days. Vessels targeting hogfish shall call in to
Marine Patrol Communications at 800-682-2632 and report date of departure prior
to leaving the dock.
IX. 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 South Atlantic
Snapper-Grouper permit to possess or land more than 120 individual red porgy per
vessel per trip from May 1 through December 31.
X. Combined Bag Limits
A. It is unlawful to possess more than 5 vermilion snapper and 10 other snappers
per person per day without a valid Federal Commercial South Atlantic
Snapper-Grouper permit.
B. It is unlawful to possess more than three grouper per person without a valid
Federal Commercial South Atlantic 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 South Atlantic
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 and spadefish.
D. As an exception to X. C. above, sheepshead, crevalle jack and spadefish may
be retained and sold in any number without a Federal Commercial South Atlantic
Snapper Grouper Permit when taken for commercial purposes in coastal waters.
E. 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.
F. It is unlawful to possess Nassau grouper or goliath grouper.
G. 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.
PROCLAMATION FF-65-2010
PAGE 3
H. It is unlawful to sell, offer for sale any species of the Snapper-Grouper
complex harvested or possessed under the bag limits specified in 50 CFR Part
§622.39 (d) unless the vessel owner has been issued a Federal Commercial South
Atlantic Snapper-Grouper Permit.
I. It is unlawful to purchase any species of the snapper grouper complex
harvested in the Atlantic Ocean without a valid South Atlantic Snapper-Grouper
Dealer Permit.
XI. 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.
XII. 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.
XIII. 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 03H .0103, 03I .0102, 03M .0506 and 03M .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 03H .0103.
C. The intent of this proclamation is to maintain North Carolina’s compliance
with the requirements of Amendments 15B and 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 03M .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. Provisions for multiple day trip possessions for vessels without a valid
Federal South Atlantic Snapper-Grouper Permit are found in 50 CFR Part §622.39.
This rule states in part that a person aboard a charter vessel or headboat on a
trip that spans more than 24 hours may possess no more than
two daily bag limits of species other than red porgy. A person aboard a headboat
on a trip that spans more than 48 hours and who can document that fishing was
conducted on at least three days may possess no more than three bag limits of
species other than red porgy. 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.
E. This proclamation supersedes Proclamation FF-63-2010, dated July 22, 2010.
FF-66-2010
PROCLAMATION
RE: WEAKFISH COMMERCIAL FISHING OPERATIONS
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby
announces that effective at 12:01 A.M. Friday, August 20, 2010, the following
restrictions will apply to the commercial weakfish fishery:
I. SIZE LIMITS
A. No person may take, possess, buy, sell, or offer for sale weakfish less than
12 inches total length in state waters or within 200 miles of shore in the
Atlantic Ocean except:
1. From April 1 through November 15, weakfish 10 inches total length or more may
lawfully be taken in North Carolina internal waters by use of long haul seines
or pound nets only and possessed, transported, bought, sold, or offered for
sale, and
2. Commercial flounder trawl and flynet operations are allowed to land a
tolerance of no more than 100 undersized weakfish (< 12 inches) per day or trip,
whichever is longer. It is unlawful to sell undersized weakfish.
II. HARVEST LIMITS
It is unlawful to take or possess more than 1000 pounds of weakfish per day or
trip (whichever is longer) in state waters or within 200 miles of the shore in
the Atlantic Ocean, except as specified in Section III below.
It is unlawful for the amount of commercially-caught weakfish to weigh more than
10% of the total combined finfish weight per day or trip (whichever is longer).
III. GEAR RESTRICTIONS
A. GILL NETS:
No person may possess aboard or land from, any vessel using or having on board a
gill net with a mesh length less than 2 7/8 inches stretched mesh, more than 100
pounds of weakfish during any one day or on any trip, whichever is longer, in
state waters or within 200 miles of the shore in the Atlantic Ocean. The weight
of weakfish possessed shall not exceed 10% of the total weight of the combined
catch up to 100 pounds of weakfish.
B. FLYNETS:
No person may possess aboard or land from any vessel using a flynet more than
100 pounds of weakfish during any one day or trip, whichever is longer, in state
waters or within 200 miles of the shore in the Atlantic Ocean. The weight of the
weakfish possessed shall not exceed 10% of the combined catch up to 100 pounds
of weakfish. All flynets on board shall meet the following requirements:
1. The flynet is constructed with large mesh in the wings that measure not less
than 8 inches or more than 64 inches (inside stretched mesh length);
2. The first body section (belly) of the net has 35 or more meshes that are at
least 8 inches (inside stretched mesh length);
3. The mesh decreases in size throughout the body of the net to a tailbag with a
minimum length of 15 feet with a minimum inside stretched mesh length of 3 1/2
inches hung on the square or 3 3/4 inches hung on a diamond; and
FF-66-2010
PAGE 2
4. Extensions must be a minimum of 20 feet in length and constructed of webbing
with a minimum inside stretched mesh length of 3 inches hung on a square, except
that when the tailbag is 25 feet or greater in length, extensions may be
constructed of either square or diamond meshes.
C. SHRIMP/CRAB TRAWLS:
No person may possess more than 100 pounds of weakfish (12 inches or more in
total length) taken with a shrimp or crab trawl. The weight of the weakfish
shall not exceed 50% of the total weight of the combined catch up to 100 pounds
of weakfish. This limit does not apply to a Recreational Commercial Gear License
shrimp trawl.
IV. 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 03H .0103 and 03M .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 Rule15A NCAC 03H .0103.
C. It is unlawful to use flynets south of Cape Hatteras to the North
Carolina/South Carolina line according to N.C. Fisheries Rule 15A NCAC 03J
.0202.
D. The intent of this proclamation is to allow North Carolina to implement a
conservation equivalency measure in order to comply with Addendum IV to
Amendment 4 of the Atlantic States Marine Fisheries Commission's (ASMFC)
Weakfish Management Plan.
E. This proclamation supersedes Proclamation FF-55-2010(Revised), dated May 21,
2010.
________________________________________________________________________________________________________________________________________________________
FF-63-2010
23 July 2010
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., Sunday, July 25, 2010, 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 South Atlantic 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 South Atlantic 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.
B. 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 South Atlantic
Snapper-Grouper permit to possess or land more than one hundred pounds of snowy
grouper per trip.
I. It is unlawful to possess more than 1500 pounds of the shallow water grouper
species listed in III.A. combined per vessel of which no more than 500 pounds
may be gag or black grouper, regardless of the number of persons onboard, for
commercial purposes.
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 South Atlantic 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
It is unlawful to possess, sell or offer for sale red snapper taken from waters
under the jurisdiction of North Carolina or the South Atlantic Fishery
Management Council for recreational or commercial purposes.
PROCLAMATION FF-63-2010
PAGE 2
VI. 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 vermillion snapper (beeliner) less than 12
inches total length.
2. It is unlawful to possess more than 5 vermillion snapper per person per day
without a valid Federal Commercial
South Atlantic Snapper-Grouper permit.
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. Hogfish
It is unlawful to possess more than 150 pounds of hogfish (hog snapper) per
vessel, regardless of the number of persons onboard, for commercial purposes.
IX. 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 South Atlantic
Snapper-Grouper permit to possess or land more than 120 individual red porgy per
vessel per trip from May 1 through December 31.
X. Combined Bag Limits
A. It is unlawful to possess more than 5 vermilion snapper and 10 other snappers
per person per day without a valid Federal Commercial South Atlantic
Snapper-Grouper permit.
B. It is unlawful to possess more than three grouper per person without a valid
Federal Commercial South Atlantic 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 South Atlantic
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. As an exception to IX. C. above, sheepshead, crevalle jack and spadefish may
be retained and sold in any number without a Federal Commercial South Atlantic
Snapper Grouper Permit when taken for commercial purposes in coastal waters.
E. 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.
F. It is unlawful to possess Nassau grouper or goliath grouper.
G. 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.
H. It is unlawful to sell, offer for sale any species of the Snapper-Grouper
complex harvested or possessed under the bag limits specified in 50 CFR Part
§622.39 (d) unless the vessel owner has been issued a Federal Commercial South
Atlantic Snapper-Grouper Permit.
I. It is unlawful to purchase any species of the snapper grouper complex
harvested in the Atlantic Ocean without a valid South Atlantic Snapper-Grouper
Dealer Permit.
PROCLAMATION FF-63-2010
PAGE 3
XI. 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.
XII. 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.
XIII. 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 03H .0103, 03I .0102, 03M .0506 and 03M .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 03H .0103.
C. The intent of this proclamation is to maintain North Carolina’s compliance
with the requirements of Amendments 15B and 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 03M .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. Provisions for multiple day trip possessions for vessels without a valid
Federal South Atlantic Snapper-Grouper Permit are found in 50 CFR Part §622.39.
This rule states in part that a person aboard a charter vessel or headboat on a
trip that spans more than 24 hours may possess no more than
two daily bag limits of species other than red porgy. A person aboard a headboat
on a trip that spans more than 48 hours and who can document that fishing was
conducted on at least three days may possess no more than three bag limits of
species other than red porgy. 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.
E. This proclamation supersedes Proclamation FF-60-2010, dated June 22, 2010.
PROCLAMATION
RE: WEAKFISH – RECREATIONAL
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01A.M., Monday, May 24, 2010 the following restrictions will apply to the recreational weakfish fishery in coastal fishing waters:
I. SIZE AND CREEL LIMITS
A. It is unlawful to possess weakfish for recreational purposes less than 12 inches in total length.
B. It is unlawful to possess more than one (1) weakfish per person per day taken for recreational purposes or by hook and line.
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 03H .0103 and 03M.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 03H .0103.
C. The intent of this proclamation is to allow North Carolina to comply with the requirements of the Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission’s Interstate Management Plan for Weakfish.
D. This proclamation supersedes Proclamation FF-54-2010, dated May 14, 2010. The bag limit remains (1) fish per person per day. Hook and line gear was added to make it clear that commercial fishermen are held to the one fish bag limit if using that gear.
FF-55-2010 (Revised)
PROCLAMATION
RE: WEAKFISH COMMERCIAL FISHING OPERATIONS
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M. Monday, May 24, 2010, the following restrictions will apply to the commercial weakfish fishery:
I. SIZE LIMITS
A. No person may take, possess, buy, sell, or offer for sale weakfish less than 12 inches total length in state waters or within 200 miles of shore in the Atlantic Ocean except as provided in I.B. and III.E. below.
B. From April 1 through November 15, weakfish 10 inches total length or more may lawfully be taken in North Carolina internal waters by use of long haul seines or pound nets only and possessed, transported, bought, sold, or offered for sale.
II. HARVEST LIMITS
It is unlawful to take or possess more than 100 pounds of weakfish per day or trip (whichever is longer) in state waters or within 200 miles of the shore in the Atlantic Ocean.
III. GEAR RESTRICTIONS
A. GILL NETS:
No person may possess aboard or land from, any vessel using or having on board a gill net with a mesh length less than 2 7/8 inches stretched mesh, more than 100 pounds of weakfish during any one day or on any trip, whichever is longer, in state waters or within 200 miles of the shore in the Atlantic Ocean.
B. FLYNETS:
No person may possess aboard or land from any vessel using a flynet more than 100 pounds of weakfish during any one day or trip, whichever is longer, in state waters or within 200 miles of the shore in the Atlantic Ocean, unless all flynets on board meet the following requirements:
1. The flynet is constructed with large mesh in the wings that measure not less than 8 inches or more than 64 inches (inside stretched mesh length);
2. The first body section (belly) of the net has 35 or more meshes that are at least 8 inches (inside stretched mesh length);
3. The mesh decreases in size throughout the body of the net to a tailbag of a minimum length of 15 feet with a minimum inside stretched mesh length of 3 1/2 inches hung on the square or 3 3/4 inches hung on a diamond; and
4. Extensions must be a minimum of 20 feet in length and constructed of webbing with a minimum inside stretched mesh length of 3 inches hung on a square, except that when the tailbag is 25 feet or greater in length, extensions may be constructed of either square or diamond meshes.
C. For commercial fishing operations operating with gill nets and flynets that do not meet the requirements of III. (A) and (B) above, weakfish may be taken as bycatch incidental to those gill net and flynet operations provided that the weight of the weakfish shall not exceed 50% of the total weight of the combined catch up to 100 pounds of weakfish.
D. SHRIMP/CRAB TRAWLS:
No person may possess more than 100 pounds of weakfish (12 inches or more in total length) taken with a shrimp or crab trawl. The weight of the weakfish shall not exceed 50% of the total weight of the combined catch up to 100 pounds of weakfish. This limit does not apply to a Recreational Commercial Gear License shrimp trawl.
E. FINFISH TRAWLS:
It is lawful to land more than 100 undersized weakfish (< 12 inches) in commercial finfish trawl operations. It is unlawful to sell these undersized weakfish.
IV. 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 03H .0103 and 03M .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 Rule15A NCAC 03H .0103.
C. It is unlawful to use flynets south of Cape Hatteras to the North Carolina/South Carolina line according to N.C. Fisheries Rule 15A NCAC 03J .0202.
D. The intent of this proclamation is to allow North Carolina to comply with Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission's (ASMFC) Weakfish Management Plan.
E. This proclamation supersedes Proclamation FF-55-2010, dated May 14, 2010 and adds several provisions to fully comply with the ASMFC Weakfish Plan.
PROCLAMATION
RE: SPOTTED SEATROUT
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective 9:00 A.M., Sunday, May 16, 2010, the following will apply to spotted seatrout:
I. SPOTTED SEATROUT RULE SUSPENSION
North Carolina Marine Fisheries Rule 15A NCAC 03M .0504 (a) is suspended.
II. MINIMUM SIZE LIMIT
It is unlawful to possess spotted seatrout (speckled trout) less than 14 inches total length.
III. 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. Fisheries Rules 15A NCAC 03H .0103, 03M .0504 and 03M .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 03H .0103.
C. It is unlawful to possess more than 10 spotted seatrout per person per day taken by hook-and-line or for recreational purposes pursuant to Marine Fisheries Rule 15A NCAC 03M .0504 (b).
D. On September 24, 2009, the Marine Fisheries Commission authorized an interim management measure to ensure the viability of spotted seatrout while the Spotted Seatrout Fishery Management Plan is being developed.
E. This proclamation supersedes Proclamation FF-40-2010 dated March 26, 2010.
FF-54-2010
PROCLAMATION
RE: WEAKFISH – RECREATIONAL
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 9:00 A.M., Sunday, May 16, 2010 the following restrictions will apply to the recreational weakfish fishery in coastal fishing waters:
I. SIZE AND CREEL LIMITS
A. It is unlawful to possess weakfish for recreational purposes less than 12 inches in total length.
B. It is unlawful to possess more than one (1) weakfish per person per day taken for recreational purposes.
III. 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 03H .0103 and 03M.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 03H .0103.
C. The intent of this proclamation is to allow North Carolina to comply with the requirements of the Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission’s Interstate Management Plan for Weakfish.
D. This proclamation supersedes Proclamation FF-8-2009, dated January 14, 2009. The bag limit has changed to one (1) fish per person per day.
FF-55-2010
PROCLAMATION
RE: WEAKFISH COMMERCIAL FISHING OPERATIONS
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 9:00 A.M. Sunday, May 16, 2010, the following restrictions will apply to the commercial weakfish fishery:
I. SIZE LIMITS, EXCLUDING HOOK-AND-LINE
A. No person may take, possess, transport, buy, sell, or offer for sale weakfish less than 12 inches total length in state waters or within 200 miles of shore in the Atlantic Ocean except as provided in I.(B) below.
B. From April 1 through November 15, weakfish 10 inches total length or more may lawfully be taken in North Carolina internal waters by use of long haul seines or pound nets only and possessed, transported, bought, sold, or offered for sale.
II. GEAR RESTRICTIONS
No person may take, possess, transport, buy, sell or offer for sale more than 100 pounds of weakfish per trip in state waters or within 200 miles of the shore in the Atlantic Ocean.
III. 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 03H .0103 and 03M .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 Rule15A NCAC 03H .0103.
C. It is unlawful to use flynets south of Cape Hatteras to the North Carolina/South Carolina line according to N.C. Fisheries Rule 15A NCAC 03J .0202.
D. The intent of this proclamation is to implement restrictions required to comply with the Addendum II of the Atlantic States Marine Fisheries Commission's Weakfish Management Plan.
E. This proclamation supersedes Proclamation FF-9-2009, dated January 14, 2009.