M-2-2006(REVISED)

PROCLAMATION

RE: GILL NETS - ALBEMARLE SOUND MANAGEMENT AREA

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 10:00 A.M. Thursday, February 16, 2006, 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 03R.0201 (a).

NET RESTRICTIONS:
Only gill nets meeting the specified mesh lengths shall be used in the areas identified below. A 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 and their Joint Water Tributaries

A. No gill nets with a mesh length greater than six inches shall be used.

B. Gill nets with a mesh length of 3 ¼ inches shall not be greater than 30 meshes deep or exceed 800 yards in length. Gill nets with a mesh length of 3 ¼ inches shall not be set in depths of water less than 7 feet, unless attended at all times. Gill nets of 3 ¼ inches must be sunk and so as not to fish within 3 feet of the water’s surface.

C. Gill nets with a mesh length of 3 ¾ and 4 inches may be used east of a line from Baum Point 35° 55.1602’ N-75° 39.5736’ W to Rhodoms Point 36° 00.2146’ N- 75° 43.6399’ W and east of a line from Eagleton Point 36° 01.3178’ N- 75° 43.6585’ W to Long Point 36° 02.4971’N-75° 44.2261’ W at the mouth of Kitty Hawk Bay. Gill nets with a mesh length of 3 ¾ and 4 inches may also be used south of the Highway 64/264 Business bridge at Manns Harbor. Gill nets with a mesh length of 3 ¾ and 4 inches shall not exceed 800 yards.

D. The total amount of small mesh gill nets (3 ¼ inch, 3 ¾ inch, and 4 inch) used shall not exceed 800 yards in any combination. No other mesh sizes below 5 1/2 are allowed except those listed.

E. Gill nets with a mesh length of 5 1/4 inches and larger shall not exceed 1,000 yards except as provided in Section II. F and G.

F. Gill nets with a mesh length of 5 ½ inches and larger that are equipped with floats that do not exceed 2 inches in diameter and 6 inches in length place a minimum of 10 yards apart, not to exceed 11 floats per 100 yards of net. Nets must not exceed 3,000 yards in length and must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

Gill nets with a mesh length of 5 ½ inches and larger not meeting the criteria in Section II. F. 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 not exceed 3,000 yards in length and must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59.3833’ N- 76° 41.0060’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.

DRIFT GILL NETS (To be used by Recreational Commercial Gear License Holders ONLY)
Only drift gill nets may be used in the joint waters of Roanoke, Middle, Eastmost, and Cashie rivers. Drift gill nets may also be used in the Chowan and Meherrin rivers with the following restrictions:

Only drift gill nets with a mesh length of 3 inches may be used.
Only one drift gill net may be used per vessel.
No more than 100 yards of drift gill nets may be used per vessel.
All drift gill nets must be attended at all times.

IV. RECREATIONAL NET RESTRICTIONS
A. RCGL gill net(s) with a mesh length of 5 ½ inches and larger are required to be equipped with floats that do not exceed 2 inches in diameter and 6 inches in length, with float placement no less than 10 yards apart. The net(s) shall be set so as to fish on the bottom not to exceed a vertical fishing height of 48 inches. RCGL holders are not permitted to use stretched mesh less than 5 ½ inches. The net(s) shall be attended when used from one hour after sunrise through one hour before sunset.

B. No person, including RCGL holders, shall take or possess more than 12 blueback herring or alewife (river herring), in the aggregate, per person, per day, taken for recreational purposes in any Coastal or Joint waters.

The Roanoke, Middle, Eastmost and Cashie rivers are closed to the harvest and possession of striped bass from gill nets.

V. GENERAL INFORMATION:
A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-181; 113-182; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rule 15A NCAC 3H .0103 and 3J .0103, 3Q .0107 (1) (c) and 3M .0202.

It is unlawful to violate provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103.

C. The intent of this proclamation is to allow directed fisheries for mullet, white perch, hickory shad and flounder while managing Albemarle Sound Management Area striped bass and river herring 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 controlling the bycatch of striped bass in directed gill net fisheries. The revision made in this proclamation changes the mesh size in II. E. to 5 ¼ inches.

D. This proclamation supersedes Proclamation M-2-2006, dated February 13, 2006.


February 14, 2006
10:00 a.m.
M-2- 2006(REVISED)
/sab