PROCLAMATION

RE: STRIPED BASS SEASON -GILL NETS : ATLANTIC OCEAN

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, January 5, 2004 the season for the harvest of striped bass with gill nets in the Atlantic Ocean waters of North Carolina WILL OPEN. The following restrictions will apply:

I. SIZE LIMIT

No person may possess, transport, buy, sell or offer for sale striped bass less than 28 inches total length taken with ocean gill nets from the Atlantic Ocean.
II. HARVEST RESTRICTIONS

A. No individual may land or sell more than 10 striped bass per person per day except that an ocean gill net operation consisting of more than one Standard Commercial Fishing License (SCFL) holder may land or sell no more than two daily harvest limits (20 fish). A SCFL holder must accompany each single harvest limit (10 fish) until the time of sale to a dealer who possesses a valid 2003/2004 Striped Bass Dealer Permit validated for the Atlantic Ocean.

B. Harvest will be allowed on Monday and Tuesday, January 5 and 6, and on Monday and Tuesday, January 12 and 13, 2004.

C. For the purpose of this proclamation, a gill net is defined as a net deployed from and retrieved into a vessel and set vertically in the water to capture fish by entanglement by the gills in its mesh as a result of net design, construction, mesh size, webbing diameter or method in which it is used.

III. LANDING RESTRICTIONS

Striped bass harvested in this fishery may be sold only to and purchased by a currently licensed finfish dealer possessing a valid 2003/2004 Striped Bass Dealer Permit validated for the Atlantic Ocean.

IV. DEALER PERMITS

A. No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without first obtaining a 2003/2004 STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean from the N.C. Division of Marine Fisheries. Dealers must abide by all conditions of the STRIPED BASS DEALER PERMIT and the general permit conditions found in 15A NCAC 3O .0500.

B. Only a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean may be used for transactions involving striped bass taken from the area opened by this proclamation.

C. Striped bass lawfully sold to a permitted dealer may be resold to a non-permitted wholesale or retail market provided the initial permitted dealer records their dealer identification number on each bill of lading or receipts involved in the shipment of striped bass. Any individual or corporation who holds a current finfish dealer license must obtain a STRIPED BASS DEALER PERMIT validated for the Atlantic Ocean in order to sell any striped bass personally harvested.

V. SALE TAGS

No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the Atlantic Ocean without having affixed either a North Carolina Division of Marine Fisheries-issued Atlantic Ocean striped bass sale tag affixed through the mouth and gill cover. In the case of striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin must be affixed.

VI. SEASON CLOSURE

The Atlantic Ocean gill net season for striped bass WILL CLOSE by proclamation when the harvest from this fishery reaches 218,000 pounds or at 8:00 P.M. on January 13, 2004, whichever occurs first. If the quota is exceeded prior to January 13, 2004, a proclamation closing harvest will be issued.

VII. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-182; 113-221(e); 143B-289.52; 113-170.4; 113-170.5; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3M .0201 and 3M.0204.

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

C. The intent of this proclamation is to allow the commercial harvest of striped bass from the Atlantic Ocean by traditional gears within the 478,000 pound quota established for the 2003/2004 season by the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan for Striped Bass.

D. The waters of the Atlantic Ocean, as applicable to this proclamation are defined as waters seaward of the COLREGS Demarcation Lines as indicated on National Ocean Service navigation charts for the areas to which this proclamation applies.

E. Permits may be obtained from all North Carolina Marine Fisheries License Offices.

F. All striped bass taken during season closures and all undersized striped bass shall be immediately returned to the waters where taken, regardless of the condition of the fish.

G. Hook-and-line fishing equipment is not commercial fishing equipment in the striped bass fishery and it is illegal to sell or purchase striped bass taken by hook-and-line in accordance with N.C. Marine Fisheries Rule 15A NCAC 3M .0201 (b).

H. Holders of Recreational Commercial License or hook-and-line fishermen must follow the bag and restrictions of the recreational fishery for striped bass.

I. Dealers whose businesses are located in Beaufort, Carteret, Craven and Pamlico counties may obtain tags by contacting the Morehead City Marine Patrol Office at 1-800-682-2632 or (252) 726-7021. Dealers whose businesses are located in Hyde, Dare, Tyrrell, Washington, Bertie Chowan, Pasquotank, Camden, Hertford and other northern counties may obtain tags by contacting the Columbia Marine Patrol Office at 1-800-405-7774 or (252) 796-1322. Allow 48 hours for delivery.