M-19-2009
PROCLAMATION

RE: COMMERCIAL LARGE MESH GILL NETS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective 12:01 A.M., Tuesday, September 1, 2009, the following management measures will be implemented for commercial large mesh gill net operations in the following areas:

I. AREA DESCRIPTIONS

Core Sound to the Atlantic Beach Bridge:
In the internal waters of the state from Core Sound south and west of a line 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; running westerly to a point on Camp Point 34° 59.7942’N - 76° 14.6514’W to the Atlantic Beach Bridge (SR 1182). North River and Newport River are included in this description. The COLREG Demarcation lines at Drum, Barden and Beaufort inlets delineate the division between the ocean and internal waters.

Emerald Isle Bridge to Hammocks Beach State Park:
In the internal waters of the state south and west of the Highway 58 Emerald Isle Bridge excluding tributaries as described below to a line on the west side of the Hammocks Beach State Park Ferry Channel beginning at a point at the Wildlife Resources Commission (WRC) Shell Rock Landing boat ramp at 34° 39.1967’N – 77° 09.9383’W; running southeasterly to a point on Bear Island at 34° 37.9608’N - 77° 09.3698’W. White Oak River and Queens Creek are not included in this area. The Highway 24 Bridge at Swansboro is the boundary in the White Oak River. A line across the mouth of Queens Creek beginning at a point on the west shore 34° 39.8455’N - 77° 09.1203’W; running easterly to a point on the east shore 34° 40.1860’N - 77° 08.8383’W is the boundary for Queens Creek. The COLREGS Demarcation Line at Bogue Inlet delineates the division between the ocean and internal waters.

II. GILL NET RESTRICTIONS

It is unlawful to use large mesh gill nets (greater than or equal to 5 ½ inch stretched mesh) in the internal waters described above, unless they meet the following parameters:

A. It is unlawful to use more than 1000 yards of large mesh gill net per commercial fishing operation.

B. It is unlawful to set more than 200 yards of large mesh gill net in a continuous line.

C. It is unlawful to use large mesh gill nets without leaving a space of at least 25 yards between separate lengths of net.

D. It is unlawful to possess large mesh gill nets with a depth from floatline to leadline of more than 15 meshes.

E. It is unlawful to use tie-downs in large mesh gill nets.

F. Attended gill nets from Back Sound south and west to the Shell Rock Landing WRC boat ramp west of Hammocks Beach State Park Ferry Channel are exempt from restrictions in II.B. and II.D. above. II.A., II C. and II.E. still apply to all large mesh gill nets.

The line separating Back Sound from Core Sound is a line beginning in Marshallberg at a point 34° 43.1500’ N - 76° 31.2000’ W; running southeasterly to Beacon “42A” off Marshallberg; running southeasterly to Beacon “10” off Browns Island; running southwesterly to Beacon “6”off Eastmouth Bay; running southwesterly to Beacon “35” at the entrance to Barden Inlet Channel; running southerly along Bardens Inlet Channel to Core Banks at a point 34° 38.1000’ N - 76° 30.9000’ W.

III. GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G. S. 113-134; 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103, 3I .0107, 3I .0113, and 3J .0103.

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

C. The intent of this proclamation is to continue the management measures implemented in the large mesh gill net fisheries in Core Sound, Back Sound and the vicinity of Hammocks Beach State Park that are expected to address the unlawful takes of Endangered Species Act-listed sea turtles.

D. Fishermen using large mesh gill nets shall take an observer if requested and shall supply catch and turtle interaction information requested by state or federal employees on the water or at landing sites.

E. This proclamation supersedes Proclamation M-1-2009, dated August 3, 2009. 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 November 30 each year.

August 26, 2009
11:30 A.M.
M-19-2009
/sab