M- 7-2004

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, May 10, 2004, 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 as described in Marine Fisheries Rule 15A NCAC 3O.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 fishing operation, regardless of the number of vessels or persons involved, shall not use more than the lengths of gill nets specified for the following areas:

A. Albemarle Sound and Currituck Sound

(1) Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards and must be attended at all times.

(2) All gill nets with a mesh length of 5¼ inches and larger 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 unless they 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.

(3) Gill nets with a mesh length of 5¼ inches and larger can only be used as described in II. A. (2) and may not exceed 3,000 yards combined.

(4) Gill nets with a mesh length less than 3 inches may not be used.

(5) Gill nets with a mesh length greater than 4 inches and less than 5¼ may not be used.

(6) No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59 .3833’ N - 76° 41 .0000’ W, running 138°(M) to a point 35° 56 .3333’ N - 76° 36 .0333’ W, at the mouth of Mackey's Creek including Roanoke, Cashie, Middle and Eastmost Rivers.

B. Croatan Sound and Roanoke Sound

(1) Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards and must be attended at all times.

(3) Gill nets with a mesh length of 5¼ inches and larger described in II. B. (2) may not exceed 3,000 yards combined.

(4) Gill nets with a mesh length less than 3 inches may not be used.

(5) Gill nets with a mesh length greater than 4 inches and less than 5¼

may not be used.

III. EXEMPTIONS

Croatan Sound - In the area south of a line from Roanoke Marshes Point at 35⁰48.3693’ N – 75⁰43.7232’ W, running 058⁰(M) to Beacon “4” on the south point of the Mouth of Baum Creek on Roanoke Island at 35⁰ 50.6000’ N – 75⁰ 39.7000’ W. The southern boundary is the ASMA line which runs from Roanoke Marshes Point at 35⁰48.3693’ N – 75⁰ 43.7232’ W, running 122⁰ (M) across to the north point of Eagles Nest Bay at 35⁰ 44.1710’ N – 75⁰31.0520’ W.

Roanoke Sound - South of a line running along the Highway 264/64 bridge and bordered on the south by the ASMA boundary which runs from Roanoke Marshes Point 35⁰48.3693’ N – 75⁰ 43.7232’ W, running 122⁰ (M) across to the north point of Eagles Nest Bay at 35⁰ 44.1710’ N – 75⁰ 31.0520’ W.

Restrictions in these areas: From May 10, 2004 through May 31, 2004, all gill nets with a mesh length less than 5¼ inches that are set within 200 yards of shore must be attended. Gill nets with a mesh length less than 5¼ inches set farther than 200 yards from shore do not have to be attended during May, 2004. Provisions in II.B. (2) and (3) still apply to these areas.

IV. DRIFT GILL NETS

Drift gill nets may not be used in the Joint Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan, Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.

V. 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 Rule 15A NCAC 3H .0103 and 3J .0103, 3Q .0107(c) and 3M .0202.

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

(D) The intent of this proclamation is to allow directed fisheries for mullet, white perch, bluefish and flounder while managing Albemarle Sound Management Area striped bass, river herring and red drum stocks within the quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan, the Albemarle Sound Area River Herring Fishery Management Plan and the North Carolina Red Drum Fishery Management Plan.

(E) This proclamation supersedes Proclamation M-6-2004 dated April 2, 2004.