M-34-2010 (REVISED)

PROCLAMATION

RE: ATLANTIC MENHADEN–PURSE SEINES: ATLANTIC OCEAN

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Saturday, January 1, 2011 the following restrictions will apply to the harvest of Atlantic menhaden and Atlantic thread herring with purse seines in the Atlantic Ocean waters of North Carolina:

I. HARVEST RESTRICTIONS

A. It is unlawful to harvest Atlantic menhaden and Atlantic thread herring by use of a purse seine within three (3) nautical miles of the Atlantic Ocean shoreline in the area west and south of a line beginning from the Cape Lookout Lighthouse running southeasterly through Buoy R “4” (Knuckle Buoy) and north and east of a line beginning at a point onshore at the border between Brunswick County and New Hanover County at 33° 55.8833’N - 77° 56.2000’W; then running southeasterly three (3) nautical miles to a point offshore at 33° 54.5735’N - 77° 52.7184’W .

B. It is unlawful to harvest Atlantic menhaden and Atlantic thread herring by use of a purse seine within one (1) nautical mile of the Atlantic Ocean shoreline in the area east and north of a line beginning from the Cape Lookout Lighthouse running southeasterly to Buoy R “4” (Knuckle Buoy) to the North Carolina-Virginia border for the period from January 1 through April 31.

C. It is unlawful to harvest Atlantic menhaden and Atlantic thread herring by use of a purse seine within one and a half (1.5) nautical miles of the Atlantic Ocean shoreline in the area east and north of a line beginning from the Cape Lookout Lighthouse running southeasterly to Buoy R “4” (Knuckle Buoy) to the North Carolina-Virginia border for the period from May 1 through September 30.

D. It is unlawful to harvest Atlantic menhaden and Atlantic thread herring by use of a purse seine within one half (0.5) nautical mile of the Atlantic Ocean shoreline in the area east and north of a line beginning from the Cape Lookout Lighthouse running southeasterly to Buoy R “4” (Knuckle Buoy) to the North Carolina-Virginia border for the period from October 1 through December 31.

II. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 170.5; 113-182; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Rules 15A NCAC 03H .0103; 03J .0105; and 03J .0301(j).

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

C. The intent of this proclamation is to address conflict and bycatch in the Atlantic purse seine fishery in the Atlantic Ocean Menhaden harvest in the ocean waters off Brunswick County are regulated by Session Law 2007-320.

D. The waters of the Atlantic Ocean, as applicable to this proclamation are defined as waters seaward of the high water mark on the Atlantic Ocean shoreline and COLREGS Demarcation Lines as indicated on National Ocean Service navigation charts for the areas to which this proclamation applies.

E. This proclamation supersedes proclamation M-34-2010, dated December 15, 2010. The effective date should have been Saturday, January 1, 2011, not 2010.

December 16, 2010
1:05 p.M.
M-34-2010(REVISED)