FF-52-2003






PROCLAMATION
RE: RIVER HERRING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Thursday, January 1, 2004, the following restrictions will apply to the harvest of river herring:

I. SEASON

The river herring season will open in all waters of the state.

A. The river herring season in all areas, excluding the Albemarle Sound Herring Management Area and the Chowan River Herring Management Area, will open with no harvest restrictions and will close at midnight on April 14, 2004.

B. The river herring commercial season in the Albemarle Sound Herring Management Area and the Chowan River Herring Management Area will close when the poundage allocations specified below are reached. Proclamations closing the fisheries will be issued at that time.

C. The river herring season for recreational purposes in the Albemarle Sound Herring Management Area and the Chowan River Herring Management Area will close at midnight on April 14, 2004.
II. AREA DESCRIPTION

The Albemarle Sound Herring Management Area and the Chowan River Herring Management Area as described in Marine Fisheries Rule 15A NCAC 3J .0209.

III. HARVEST LIMITS

A. The quota allocation, as set forth in Rule 3M .0513, for the pound net fishery in the Chowan River Herring Management Area will be limited to a total of 200,000 pounds.

B. The quota allocation for commercial gill net fisheries within the Albemarle Sound Herring Management Area and Chowan River Herring Management Area will be limited to a total of 67,000 pounds.

C. An additional 33,000 pounds is available to be allocated at the discretion of the Fisheries Director.

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-134; 113-181; 113-182; 113-221 (e); 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103 and 3M .0513.






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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 intent of this proclamation is to place harvest limits on the pound net and gill net fisheries of Chowan River Herring Management Area and the Albemarle Sound Herring Management Area in accordance with restrictions adopted by the North Carolina Marine Fisheries Commission in the River Herring Fishery Management Plan on February 17, 2000. Under this Plan, the annual commercial quota for both areas is 300,000 pounds. This total is divided into 200,000 pounds allocated to the pound net fishery in the Chowan River Herring Management Area, 67,000 pounds allocated to the gill net fishery in the Albemarle Sound Herring Management Area, and 33,000 pounds to be allocated by the Director at his discretion. The quota and allocations apply to the calendar year.

D. According to Marine Fisheries Rule 15A NCAC 3M .0513, it is unlawful to possess more than 25 blueback herring or alewife (river herring), in the aggregate, per person, per day, taken for recreational purposes.

E. Marine Fisheries Rule 15A NCAC 3O .0503 (b)(3) requires dealer permits and related reporting requirements.