M- 8-2002

PROCLAMATION

RE: GILL NETS - ALBEMARLE SOUND MANAGEMENT AREA

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, April 15, 2002, the following provisions shall apply to the use of gill nets in the ALBEMARLE SOUND MANAGEMENT AREA.

I. AREA DESCRIPTION: The Albemarle Sound Management Area includes:

A. Albemarle Sound Management Area as described in Marine Fisheries Rule 15A NCAC 30 .0503(b)(2)(A)(ii).

II. NET RESTRICTIONS:

Only gill nets meeting the specified mesh lengths may be used in the following areas identified below. A commercial fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified for the following areas:

Albemarle Sound, Currituck Sound, Croatan Sound and Roanoke Sound

A. Gill nets with a mesh length of 3¼ inches shall not exceed 800 yards.

B.Gill nets with a mesh length less than 3 ¼ inches may not be used.

C.Gill nets with mesh lengths larger than 3 ¼ inches and smaller than 5 ¼ inches may not be used.

D. Gill nets with a mesh length of 5¼ inches and larger that are equipped with floats that do not exceed 2 inches in diameter and 6 inches in length placed a minimum of 10 yards apart, not to exceed 11 floats per 100 yards of net. Nets must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

E. Gill nets with a mesh length of 5¼ inches and larger not meeting the criteria in Section II. D. for floats are required to be equipped with tie downs spaced no farther apart than 30 feet restricting the vertical distance between the top and bottom lines to 48 inches or less. Nets must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

F. Gill nets with a mesh length of 5 ¼ inches and larger can only be used as described in II. D. and E., and may not exceed 3,000 yards combined.

G.No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59' 23" N - 76° 41' 00" W, running 138°(M) to a point 35° 56' 20" N - 76° 36' 02" W, at the mouth of Mackey's Creek including Roanoke, Cashie, Middle and Eastmost Rivers.

III. RECREATIONAL NET RESTRICTIONS:

The 100 yards of gill net allowed Recreational Commercial Gear License holders must adhere to the net configurations and mesh sizes in the waterbodies described in this proclamation for commercial fishing operations.

IV. GENERAL INFORMATION:

A. This proclamation is issued under the authority of G.S. 113-182; 113-221(e); 143B-

289.52 and N.C. Marine Fisheries Rule 15A NCAC 3H .0103 and 3J .0103, 3M .0513 and 3Q .0107(1)(c).

B. It is unlawful to violate 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 directed fisheries for mullet, white perch, and flounder while managing Albemarle Sound Management Area striped bass and river herring stocks within the quotas established by the North Carolina Estuarine Striped Bass Fishery Management Plan and the Albemarle Sound Area River Herring Fishery Management Plan.

D. This proclamation supersedes Proclamation M-6-2002 dated March 11, 2002.

April 11, 2002

8:00 A.M.

M-8 -2002

/sab