M-8-2005
RE: COMMERCIAL GILL NETS - PAMLICO SOUND
GILL NET RESTRICTED AREA (PSGNRA)
Preston P. Pate, Jr., Director, Division of Marine
Fisheries, hereby announces that effective 12:01
A.M., Thursday, September 1, 2005, the following management measures will
be implemented for commercial gill net
fisheries in Pamlico Sound:
I. PAMLICO SOUND CLOSURE
The
internal waters of Pamlico Sound south and west of the 35° 46.3000 ‘N latitude
line, east of the 76° 30.0000’W longitude line, and north of the 35° 00.0000’N
latitude line are closed to the use
of large mesh gill nets (greater than or equal to 5 1/2 inch stretched mesh)
from September 1, 2005 to midnight on November 30, 2005 except as provided in the areas described below as the Pamlico Sound Gill Net Restricted Areas (PSGNRAs).
II.
PSGNRA DESCRIPTIONS:
Note:
Items Underlined are changes from the 2004 season.
A. Shallow Water
Gill Net Restricted Areas (SGNRA)
1. SGNRA1
The area from Wainwright Island to Ocracoke Inlet bound by
the following points: Beginning at a point on Core Banks at 34° 58.7963’N- 76° 10.0013’W, running
northwesterly near Marker # 2CS at the mouth of Wainwright Channel at 35° 00.2780’N- 76° 12.1682’W, then
running northeasterly near Marker “HL” at 35° 01.5665’N- 76° 11.4277’W, then running northeasterly near Marker #1 at 35° 09.7058’N- 76° 04.7528’W, then
running southeasterly to a point at Beacon Island at 35° 05.9352’N- 76° 02.7408’W, then
running south to a point on the northeast corner of Portsmouth Island at 35° 03.7014’N- 76° 02.2595’W, then
running southwesterly along the shore of Core Banks to the point of beginning.
2. SGRNA2
The area from Ocracoke Inlet to Hatteras Inlet bound by the
following points: Beginning at a point near Marker #7 at the mouth of Silver
Lake at 35°
06.9091’N- 75°
59.3882’W, running north near Marker # 11 near Big Foot Slough Entrance at 35° 08.7890’N- 76° 00.3606’W, then
running northeasterly to a point at 35° 13.4489’N- 75° 47.5531’W, then running south to a point northwest of the
Ocracoke/Hatteras Ferry terminal on the Ocracoke side at 35° 11.5985’N- 75° 47.0768’W, then
southwesterly along the shore to the point of beginning.
3. SGNRA3
The area from Hatteras to Avon Channel bound by the
following points: Beginning at a point near Marker “HR” at 35° 13.3152’N – 75°
41.6694’W,
running northwest near Marker “42 RC” at Hatteras Channel at
35° 16.7617’N – 75° 44.2341’W, then running easterly to a point off Marker #2
at Cape Channel at 35° 19.0380’N – 75° 36.2993’W, then running northeasterly
near Marker #1
at the Avon Channel Entrance at 35° 22.8212’N – 75° 33.5984’W,
then running southeasterly near Marker #6 on Avon Channel at 35° 20.8224’N- 75°
31.5708’W, then running easterly near Marker #8 at 35° 20.9412’N – 75°
30.9058’W, then running to a point on shore at 35° 20.9562’N-75° 30.8472’W, then following the shoreline in a southerly
and westerly direction to the point of beginning.
4. SGNRA4
The area from Avon Channel to Rodanthe bound by the
following points: Beginning at a point near Marker #1 at the Avon Channel
Entrance at 35°
22.8212’N- 75°
33.5984’W, then running northerly to a Point on Gull Island at 35° 28.4495’N-75° 31.3247’W, then
running north near Marker “ICC” at 35° 35.9891’N- 75° 31.2419’W, then running northwesterly to a point at 35°
41.0000’N – 75° 33.8397’W, then running easterly to a point on shore at 35°
41.0000’N – 75° 29.3271’W, then following the shoreline in a southerly
direction to a point on shore near Avon Harbor at 35° 20.9562’N- 75° 30.8472’W, then
running westerly near Marker #8 at 35° 20.9412’N- 75° 30.9058’W, then running westerly near Marker #6 on Avon
Channel at 35°
20.8224’N- 75°
31.5708’W, then running northwesterly to the point of beginning.
B. Ocracoke
Corridor (OC)
The area in Ocracoke Inlet bound by the following points:
Beginning at a point at 35° 07.9390’N- 76° 03.8080’W, then running northeasterly near Marker #9 at
Nine Foot Shoal Entrance at 35° 08.4411’N- 76° 02.6848’W, then running northeasterly near Marker “14 BF”
at 35°
09.3627’N- 76°
00.6259’W, then running southeast near Marker #7 at the mouth of Silver Lake at
35°
06.9091’N- 75°
59.3882’W, then following the shoreline southwesterly to a point at the north
side of Ocracoke Inlet at 35° 04.4200’N- 75° 59.9245’W, then crossing the inlet to a point on Portsmouth
Island at 35°
03.7014’N- 76°
02.2595’W, then in a northerly direction to a point on Beacon Island at 35° 05.9352N- 76° 02.7408’W, then
running in a northwesterly direction to the point of beginning.
C. Hatteras
Corridor (HC)
The area in Hatteras Inlet bound by the following points:
Beginning at a point at 35° 13.4489’N- 75° 47.5531’W, running east to the site of an old platform at
35°
14.0100’N- 75°
45.8097’W, then running northeast near Marker “42 RC” at the mouth of Hatteras
Channel at 35°
16.7617’N- 75°
44.2341’W, then following the channel near Marker “HR” at 35° 13.3152’N- 75° 41.6694’W, then
following the shoreline to a point on the north side of Hatteras Inlet at 35° 11.3408’N- 75° 44.9907’W, then
crossing the inlet to the south side to a point on Ocracoke Island at 35° 11.0793’N- 75° 45.9645’W, then
following the shoreline northwest to a point northwest of the Ocracoke/Hatteras
ferry terminal at 35° 11.5985’N- 75° 47.0768’W, then running in a northerly direction to the
point of beginning.
D. Oregon Inlet
Corridor (OIC)
The area in Oregon Inlet bound by the following points:
Beginning at a point near Marker #12 at Old House Channel at 35° 45.0883’N- 75° 35.9600’W, then
following the channel in a northeasterly direction to a point near Marker #53
at 35°
47.2157’N- 75°
34.4264’W, then running easterly near Marker #13 near Oregon Inlet Fishing
Center harbor entrance at 35° 47.7076’N – 75° 32.9762’W, then running southerly
to a point on the south side of Oregon Inlet at 35° 46.0500’N- 75° 31.6166’W, then
running in a southerly direction along the shoreline to a point at 35°
41.0000’N- 75°
29.3271’W, then running west to a point at 35° 41.0000’N- 75° 33.8397’W, then in a
northerly direction to the point of beginning.
E. Mainland
Gillnet Restricted Area (MGNRA)
The area on the mainland side of Pamlico Sound, from the shoreline out to 200 yards,
between the 35° 00.0000’ N Latitude Line and the 35° 46.3000’ N
Latitude Line and east of the 76° 30.000’ W Longitude Line.
III. GEAR RESTRICTIONS:
The following restrictions will apply to the commercial gill net fisheries occurring
in the areas of Pamlico Sound described above on the dates indicated. Large
mesh gill nets are defined in this proclamation as those gill nets with
stretched mesh of 5 ½ inches and greater. Small mesh gill nets are defined as those
gill nets with stretched mesh less than 5 inches. Mesh sizes in between are prohibited in accordance with 15A NCAC
3J .0103 (a)(2), effective September 1, 2005.
A. SGNRA1,
SGNRA2, SGNRA3, SGNRA4, and MGNRA
1. From September 1
through November 30, 2005, fishing operations will be limited to a maximum
of 2,000 yards of large mesh gill net and a maximum of 2,000 yards of small
mesh gill net. This applies to
operations fishing in SGNRA1, SGNRA2, SGNRA3, SGNRA4, and MGNRA or any
combination of these areas.
2. From September 1
through November 30, 2005, the use of large
mesh commercial gill nets in
SGNRA1, SGNRA2, SGNRA3, and SGNRA4 will require a PSGNRA Permit (as outlined
below). No permit will be required to
fish in the MGNRA.
3. From September 1
through October 31, 2005, attendance is required for commercial fishing
operations using small mesh gill nets.
B. Inlet
Corridors (OC, HC, OIC)
1. From September 1
through November 30, 2005, the use of large mesh gill nets in any of the
corridors is prohibited. Commercial fishing operations using small
mesh gill nets will be limited to a maximum of 2,000 yards.
2. From September 1 through
October 31, 2005, attendance is required for commercial fishing operations
using small mesh gill nets.
C. Individual commercial fishing operations setting gill nets
in more than one of the SGNRAs will be restricted to a total of 2,000 yards of
large mesh and a total of 2,000 yards of small mesh gillnet
in all areas.
IV. PERMITS AND PERMIT CONDITIONS
A.
A Pamlico
Sound Gill Net Restricted Area Permit (PSGNRA)
is required for participation in large
mesh commercial gill net fisheries in the SGNRAs from September 1, 2005 through November 30, 2005. The procedures
outlined in Marine Fisheries Rules 15A NCAC 3O .0500 Permit Section apply.
B.
A single PSGNRA permit is required for each large mesh commercial
fishing operation, regardless of the number of persons involved. A fishing operation is defined as all
individuals, the vessel actively deploying and fishing gill nets in the SGNRAs,
and all nets used under one Permit and one Standard Commercial Fishing License
(SCFL). The operation shall have the
PSGNRA Permit in possession at all times while on the water. A vessel shall be listed on only one PSGNRA
Permit.
C.
An
individual must hold or be assigned a Standard Commercial Fishing License
(SCFL) or a Retired Standard Commercial Fishing License to obtain a PSGNRA
Permit. When a SCFL is assigned, the PSGNRA Permit will be issued in the name
of the assignee. The vessel used in the
commercial fishing operation must be
identified on the PSGNRA Permit application.
D.
Gill Net Restricted
Area permitees shall not refuse to allow onboard fisheries observers to collect
data from gill net fisheries in the PSGNRA. Failure to allow an observer onboard or
allow Marine Patrol inspection shall result in revocation of the PSGNRA
Permit. Other violations of permit
conditions may result in the suspension or revocation of the Permit.
E.
Weekly
reports from PSGNRA permitees are required to be submitted to NCDMF on forms
provided by the Division in accordance with conditions found in the PSGNRA Permit. These
reports are required only when permitees fish during that week.
F.
No permit is required
to fish in the MGNRA, however if a fishing operation fishes in both the MGNRA
and the SGNRA’s a permit is required. A
total of 2000 yards of large mesh gill net may be fished regardless of the
fishing operation being conducted in SGNRA1, SGNRA2, SGNRA3, SGNRA4, and MGNRA
or a combination of these.
V.
SEA
TURTLE INTERACTION REPORTING:
Fishermen shall report all sea turtle interactions with gill
nets in the PSGNRA to the NCDMF Communication Center in Morehead City, NC by
phone at 1-800-682-2632 or 252-726-7021 within 24 hours. Failure to report interactions may result in
suspension or revocation of the PSGNRA Permit.
VI.
GENERAL
INFORMATION:
A.
This proclamation is
issued under the authority of G. S. 113-134; 113-170.4; 113-170.5; 113-181;
113-182; 113-221.1; 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103, 3I .0107,
3I .0113, 3J .0103, 3O .0506 and 3R .0201.
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 implement management measures in the fall gill net fisheries
in southeastern Pamlico Sound that are expected to reduce interactions with
threatened and endangered sea turtles from September 1 through November 30,
2005. These actions are expected to
provide increased levels of protection for threatened and endangered sea
turtles in
Pamlico Sound gill net fisheries.
D.
“Attendance” is
defined in N.C. Fisheries Rule 15A NCAC 3I .0101 (b) (40).
E.
Gill Net Restricted
Area Permits will be available beginning August 18, 2005 at no cost from all
Division of Marine Fisheries License Offices.
F.
This proclamation
supplements, but does not supersede, the small mesh gill net attendance
requirement for areas described in Marine Fisheries Rule 3J .0103 from May 1
through October 31 each year.
G.
This proclamation
supplements, but does not supersede, the small mesh gill net yardage
restriction of 800 yards and the attendance requirement established in
Proclamation M-6-2005, dated May 5, 2005, for the areas described in Marine
Fisheries Rule 3R .0201(a).
August 3, 2005
10:00 AM
M-8-2005
/sab