M-27-2009

PROCLAMATION

RE: GILL NETS - ALBEMARLE SOUND MANAGEMENT AREA

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Friday, November 20, 2009, 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:
Albemarle Sound Management Area as described in Marine Fisheries Rule 15A NCAC 03R.0201 (a).

II. NET RESTRICTIONS:
Only gill nets meeting the specified mesh lengths may 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:

A. Albemarle Sound, Currituck Sound, Croatan Sound and Roanoke Sound

1. Gill nets with a mesh length of 3 inches and 3 ¼ inches shall not exceed 800 yards in any combination.

2. All gill nets with a mesh length of 5 1/2 inches and larger are required to be fished with lead lines on the bottom and to be equipped with:

a. Tie downs spaced no farther apart than 30 feet restricting the vertical distance between the top and bottom lines to 48 inches or less; or

b. 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, restricting the vertical distance between the top and bottom lines to 48 inches or less.

3. Gill nets with a mesh length of 5 1/2 inches and larger shall not exceed 3,000 yards combined for a fishing operation.

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

5. Gill nets with a mesh length greater than 3 1/4 inches and less than 5 1/2 may not be used.

III. 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 03H .0103 and 03J .0103, 03Q .0107 and 03M .0202.

B. It is unlawful to violate provisions of any proclamation issued by the Fisheries Director under his delegated authority per N.C. Marine Fisheries Rule 15A NCAC 03H .0103.

C. "Attended" is defined in Marine Fisheries Rule 15A NCAC 03I .0101.

D. In accordance with 15A NCAC 03J. .0103 (i), it is unlawful to use more than 3,000 yards of gill net with a mesh length 5 ½ inches or greater per vessel in internal waters regardless of the number of individuals involved.

E. In accordance with 15A NCAC 03J .0103 (d) (1), it is unlawful to use gill nets within 200 yards of any pound net set with lead and either pound or heart in use, except from August 15 through December 31 in Albemarle Sound, excluding tributaries, west of a line beginning at a point 36°04.5184’N - 75°47.9095’W on Powell Point; running southerly to a point 35°57.2681’N - 75°48.3999’W on Caroon Point, it is unlawful to use gill nets within 500 yards of any pound net set with lead and either pound or heart in use.

F. 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 and red drum stocks within the quota established by he North Carolina Estuarine Striped Bass Fishery Management Plan and the North Carolina Red Drum Fishery Management Plan.

G. This proclamation supersedes Proclamation M-11-09 dated May 6, 2009.

November 17, 2009
11:15 A.M.
M-27-2009
/sab