M-30-2009

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., Tuesday, December 1, 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:

Albemarle Sound, Currituck Sound, Croatan Sound and Roanoke Sound

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

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

C. Gill nets with a mesh length greater than 3 1/4 inches 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, 03J .0103, and 03Q .0107 and 3M .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. 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.

D. The intent of this proclamation is to allow directed fisheries for mullet, white perch and bluefish while managing Albemarle Sound Management Area striped bass and red drum stocks within the quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan and the North Carolina Red Drum Fishery Management Plan. This proclamation implements a provision of the 2005 Southern Flounder Fishery Management Plan that seeks to maintain an adequate spawning stock of southern flounder.

E. This proclamation supersedes Proclamation M-27-2009 dated November 17, 2009.

November 23, 2009
11:45 A.M.
M-30-2009
/sab