FF-60-2003



PROCLAMATION

RE: STRIPED BASS SEASON - COMMERCIAL FISHING OPERATIONS- CAPE FEAR RIVER

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Tuesday, January 6, 2004, the striped bass season will open in the following areas for COMMERCIAL FISHING OPERATIONS. The following restrictions apply:

I. AREA DESCRIPTION:

All internal Joint and Coastal waters of the Cape Fear River including tributaries up to the Inland water boundaries only.

II. SIZE AND HARVEST LIMITS:

A. No person may take, possess, buy, sell or offer for sale striped bass less than 18 inches in length.

B. No individual or fishing operation may take, possess, transport, buy, sell, or offer for sale more than five (5) striped bass per day in any combined fishing operation regardless of the number of persons or boats involved or regardless of where taken from internal waters.
III. PERMITS:

A. No finfish dealer may possess, buy, sell or offer for sale striped bass taken from the areas opened by this proclamation without first obtaining a valid 2004 Striped Bass Dealer Permit validated for the Cape Fear River from the North Carolina Division of Marine Fisheries. Dealers must abide by all of the conditions which appear on the permit as well as the general provisions which appear in 15A NCAC 3O. 0500.

B. Only a STRIPED BASS DEALER PERMIT validated for the Cape Fear River may be used for transactions involving striped bass taken from the areas 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 dealer license must obtain a 2004 Striped Bass Permit validated for the Cape Fear River in order to sell any striped bass personally harvested.

IV. SALE TAGS:

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

V. LANDING RESTRICTIONS:

Striped bass taken from areas opened by this proclamation may be sold only to and purchased by a dealer possessing a 2004 STRIPED BASS DEALER PERMIT validated for the Cape Fear Area.

VI. SEASON CLOSURE:

The striped bass season for commercial fishing equipment for the area described in Section I. above will close by rule at midnight, April 30, 2004 unless closed by proclamation at an earlier date due to the harvest allocation being met. Dealers will have two weeks after the closing of the season to sell, offer for sale, transport, have in possession unfrozen striped bass taken in this fishery.

VII. GENERAL INFORMATION:

A. This proclamation is issued under the authority of G.S. 113-170.4; 113-170.5; 113-182; 113-221(e); 143B-289.52; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I .0112. 3M .0201 and 3M .0202.

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 allow the harvest of striped bass in the Cape Fear River by commercial gear within the 25,000 pound quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan.

D. Hook-and-line fishing equipment is not commercial fishing operation 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).

E. Holders of RCGL licenses or hook-and-line fishermen must follow the bag limit and harvest restrictions of the recreational fishery for striped bass.

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

G. Striped Bass Dealer Permits validated for the Cape Fear Area are available at no cost from all N.C. Division of Marine Fisheries License Offices.

H. Dealers whose businesses are in Onslow, Pender, New Hanover, Brunswick and other southern counties may obtain tags by contacting the North Carolina Division of Marine Fisheries Office at 127 Cardinal Drive Extension, Wilmington, NC 28405 (Phone 910-395-3900 or 1-800-248-4536).