Cooler for Cleaned Fish?

Surf fishing on Cape Lookout National Seashore Park, South Core Banks and Portsmouth Island (Marine Fisheries letter concerning storage of cleaned fish in coolers on the beach.)

The following letter, dated February 25, 2000, was received from Division of Marine Fisheries (DMF) Director Preston Pate in response to a request from Davis Island Fishing Foundation (DIFF) concerning a DMF officer ticketing a club member surf fishing on Cape Lookout. The member possessed filleted fish in a cooler outside his camper and could not produce a carcass to prove the fish size.

The DMF Director was requested to reaffirm the ruling of former Director Hogarth, which allowed filleted fish to be stored in a separate cooler outside the camper. See Hogarth's letter of July 1993.

It is the opinion of the DIFF Board that Director Pate's ruling as stated in his February 25, 2000 letter is vague, contradictory, and for all practical purposes would be a hardship to comply with. The board's legislative committee intends to inform Director Pate of its intention to appeal this issue to the Marine Commission, and until such time that the commission rules, we ask that the Director honor Director Hogarth's ruling.

At the appropriate time, sportsmen should contact the Marine Commission expressing their concerns regarding this policy.

State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries

James B. Hunt, Jr., Governor
Bill Holman, Secretary
Preston P. Pate, Jr., Director

February 25, 2000

Mr. B.K.. Barringer, Jr.
Davis Island Fishing Foundation
PO Box 531
Pineville, NC 28134

RE: Surf fishing on Cape Lookout National Seashore Park, South Core Banks and
Portsmouth Island

Dear Mr. Barringer:

I have reviewed the letter written by previous Fisheries Director William Hogarth, that
was published in the July, 1993, Davis Island Fishing Foundation (DIFF) newsletter.

The issues relating to enforcement of North Carolina Marine Fisheries rule 15A NCAC
3M.0101 (mutilated finfish) can, hopefully, be clarified. The Division of Marine Fisheries
allows fishermen who are staying for multiple days of fishing to possess multiple days' creel
limits at their campsite or motel. They are allowed to have in their possession multiple creel
limits for transporting purposes only when they can supply evidence that they have been away
from home on a fishing trip for the number of days relative to the amount of fish in their
possession. We encourage fishermen to retain their fish whole when possible to comply with the
provisions of the rule. If fish are filleted the carcass, including head and tail, must be retained
intact to allow measurement.

Marine Patrol officers will not allow more than one days creel limit to be possessed under
any circumstances in areas where taking fish could occur.

I would also like to make you aware of North Carolina Fisheries rule 15A NCAC
3I.0120(a) which states: "It is unlawful to possess any species of fish which is subject to a size
or harvest restriction while actively engaged in a fishing operation, unless all fish are in
compliance with the restrictions for the waterbody and area being fished.

I hope this response will provide the information you requested. If I may be of further
service please do not hesitate to contact me.

Sincerely,

(SIGNED)
Preston P. Pate, Jr.
Director

PPP:crf

Drumwagon HOT TOPICS!