FF-47-2003



PROCLAMATION

RE: FLOUNDER - COMMERCIAL FISHING OPERATIONS - ATLANTIC OCEAN

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 7:30 A.M., Wednesday, November 26, 2003, the following restrictions will apply to the commercial flounder fishery:

TRIP LIMITS

During the period beginning at 7:30 A.M., Wednesday, November 26, 2003 and ending at 6:00 P.M., Friday, December 5, 2003, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 15,000 pounds of flounder taken from the Atlantic Ocean. These operations require a valid License to Land Flounder from the Atlantic Ocean. The Atlantic Ocean flounder fishery will close immediately after the Director issues a public notice that the fall quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., December 5, 2003, whichever occurs first.

PERMITS

A. Finfish dealers may not buy more than 100 pounds of flounder per day per commercial fishing operation unless the dealer has a valid 2004 Atlantic Ocean Commercial Dealer Flounder Permit. Vessels landing more than 100 pounds of flounder per day from the Atlantic Ocean are required to possess a valid License to Land Flounder from the Atlantic Ocean from the North Carolina Division of Marine Fisheries. Permits will be issued only to those licensed seafood dealers holding a valid license as authorized in G.S. 113-169.3. Dealers must abide by all conditions of the 2004 Atlantic Ocean Commercial Dealer Flounder Permit.

B. Dealers possessing a 2004 Atlantic Ocean Commercial Dealer Flounder Permit shall report daily by noon through FAX transmittal (252-726-3903) to the Division of Marine Fisheries flounder landings from the Atlantic Ocean for the previous day.

GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-134; 113- 170.4; 113-170.5; 113-181; 113-182; 113-221(e); 143B-289.52 and NC Marine Fisheries Rules 15A NCAC 3M .0503 and 3O. 0500.

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

C. The landing prohibition beginning at 6:00 P.M. on December 5, 2003 will allow the Division to review landing reports. Landings will be allowed by proclamation after that date if the fall quota of flounder has not been taken.

D. For the purposes of this proclamation, fish shall be considered landed when fish are unloaded or the vessel is tied to the dock, whichever occurs first.

E. Fisheries Rule 15A NCAC 3M .0503 (c) (1) states it is unlawful to land more than 100 pounds per trip of flounder taken from the Atlantic Ocean unless the vessel has been issued a North Carolina License to Land Flounder from the Atlantic Ocean. This is in addition to the normally required licenses.

F. Fisheries Rule 15A NCAC 3M .0503 (c) (2) specifies that it is unlawful for a fish dealer to purchase or off-load more than 100 pounds of flounder taken from the Atlantic Ocean by a vessel that has not first produced a valid North Carolina License to Land Flounder from the Atlantic Ocean.

G. Fisheries Rule 15A NCAC 3I .0113 specifies that it is unlawful for any licensee under Chapter 113, Subchapter IV of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensee=s possession.

H. The intent of this proclamation is to establish trip limits and a reporting process for the taking of flounder from the Atlantic Ocean to assure that the fall, 2003 quota allocated to North Carolina in the joint Mid-Atlantic Fisheries Management Council - Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is not exceeded.

I. Atlantic Ocean Commercial Dealer Flounder Permits are available at no cost from all Division of Marine Fisheries License Offices.