M-10-2003

                                     

 

PROCLAMATION

 

RE:      Commercial Gill Nets - Pamlico Sound - Gill Net Restricted Area (Gnra)

 

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective 12:01 A.M., Monday, September 1, 2003, the following management measures will be implemented for commercial gill net fisheries in Pamlico Sound in the areas described below as the Gill Net Restricted Areas (GNRAs). 

 

I.                    GNRA DESCRIPTIONS:

A.      Shallow Water Gill Net Restricted Areas (SGNRA)

1.      SGNRA1

The area from Wainwright Island to Ocracoke Inlet bound by the following points: Beginning at a point on Core Banks at 34° 58.7963’N- 76° 10.0013’W, running northwesterly to Marker # 2CS at the mouth of Wainwright Channel at 35° 00.2780’N- 76° 12.1682’W, then running northeasterly to Marker “HL” at 35° 01.5665’N- 76° 11.4277’W, then running northeasterly to Marker #1 at 35° 09.7058’N- 76° 04.7528’W, then running southeasterly to a point at Beacon Island at 35° 05.9352’N- 76° 02.7408’W, then running south to a point on the northeast corner of Portsmouth Island at 35° 03.7014’N- 76° 02.2595’W, then running southwesterly along the shore of Core Banks to the point of beginning.

2.      SGRNA2

The area from Ocracoke Inlet to Hatteras Inlet bound by the following points: Beginning at Marker #7 at the mouth of Silver Lake at 35° 06.9091’N- 75° 59.3882’W, running north to Marker # 14BF at Big Foot Slough Entrance at 35° 09.3627’N- 76° 00.6259’W, then running northeasterly to a point at 35° 13.4489’N- 75° 47.5531’W, then running south to a point northwest of the Ocracoke/Hatteras Ferry terminal on the Ocracoke side at 35° 11.5985’N- 75° 47.0768’W, then southwesterly along the shore to the point of beginning.

3.      SGNRA3

The area from Hatteras to Avon Channel bound by the following points: Beginning at Marker “HR” at 35° 13.3152’N – 75° 41.6694’W, running northwest to Marker “42 RC” at Hatteras Channel at 35° 16.7617’N – 75° 44.2341’W, then running easterly to a point off Marker #2 at Cape Channel at 35° 19.0380’N – 75° 36.2993’W, then running northeasterly to Marker #1 at the Avon Channel Entrance at 35° 22.8212’N – 75° 33.5984’W, then running southeasterly to Marker #6 on Avon Channel at 35° 20.8224’N- 75° 31.5708’W, then running easterly to Marker #8 at 35° 20.9412’N – 75° 30.9058’W, then running to a point on shore at 35° 20.9562’N-75° 30.8472’W,  then following the shoreline in a southerly and westerly direction to the point of beginning.

 

4.      SGNRA4

The area from Avon Channel to Rodanthe bound by the following points: Beginning at Marker #1 at the Avon Channel Entrance at 35° 22.8212’N- 75° 33.5984’W, then running northerly to a Point on Gull Island at 35° 28.4495’N-75° 31.3247’W, then running north to Marker “ICC” at 35° 35.9891’N- 75° 31.2419’W, then running northwesterly to a point at 35° 41.0000’N – 75° 33.8397’W, then running easterly to a point on shore at 35° 41.0000’N – 75° 29.3271’W, then following the shoreline in a southerly direction to a point on shore near Avon Harbor at 35° 20.9562’N- 75° 30.8472’W, then running westerly to Marker #8 at 35° 20.9412’N- 75° 30.9058’W, then running westerly to Marker #6 on Avon Channel at 35° 20.8224’N- 75° 31.5708’W, then running northwesterly to the point of beginning.

 

B.     Mainland Gillnet Restricted Areas (MGNRA)

1.      MGNRA1

The area on the mainland side of Pamlico Sound, from the shoreline out to 200 yards, east of the 76° 30’ Longitude Line to the 76° 09.3004’ Longitude Line at Bluff Point.

2.      MGNRA2

The area on the mainland side of Pamlico Sound, from the shoreline out to 200 yards, south of the 35° 46.3000’ Latitude Line and west of  the 76° 09.3004’ Longitude Line at Bluff Point.

C.     Ocracoke Corridor (OC)

The area in Ocracoke Inlet bound by the following points: Beginning at a point at 35° 07.9390’N- 76° 03.8080’W, then running northeasterly to Marker #9 at Nine Foot Shoal Entrance at 35° 08.4411’N- 76° 02.6848’W, then running northeasterly to Marker “14 BF” at 35° 09.3627’N- 76° 00.6259’W, then running southeast to Marker #7 at the mouth of Silver Lake at 35° 06.9091’N- 75° 59.3882’W, then following the shoreline southwesterly to a point at the north side of Ocracoke Inlet at 35° 04.4200’N- 75° 59.9245’W, then crossing the inlet to a point on Portsmouth Island at 35° 03.7014’N- 76° 02.2595’W, then in a northerly direction to a point on Beacon Island at 35° 05.9352N- 76° 02.7408’W, then running in a northwesterly direction to the point of beginning. 

D.     Hatteras Corridor (HC)

The area in Hatteras Inlet bound by the following points: Beginning at a point at 35° 13.4489’N- 75° 47.5531’W, running east to the site of an old platform at 35° 14.0100’N- 75° 45.8097’W, then running northeast to Marker “42 RC” at the mouth of Hatteras Channel at 35° 16.7617’N- 75° 44.2341’W, then following the channel to Marker “HR” at 35° 13.3152’N- 75° 41.6694’W, then following the shoreline to a point on the north side of Hatteras Inlet at 35° 11.3408’N- 75° 44.9907’W, then crossing the inlet to the south side to a point on Ocracoke Island at 35° 11.0793’N- 75° 45.9645’W, then following the shoreline northwest to a point northwest of the Ocracoke/Hatteras ferry terminal at 35° 11.5985’N- 75° 47.0768’W, then running in a northerly direction to the point of beginning.

E.      Oregon Inlet Corridor (OIC)

The area in Oregon Inlet bound by the following points: Beginning at a point at Marker #12 at Old House Channel at 35° 45.0883’N- 75° 35.9600’W, then following the channel in a northeasterly direction to Marker #53 at 35° 47.2157’N- 75° 34.4264’W, then running easterly to Marker #13 near Oregon Inlet Fishing Center harbor entrance at 35° 47.7076’N – 75° 32.9762’W, then running southerly to a point on the south side of Oregon Inlet at 35° 46.0500’N- 75° 31.6166’W, then running in a southerly direction along the shoreline to a point at 35° 41.0000’N- 75° 29.3271’W, then running west to a point at 35° 41.0000’N- 75° 33.8397’W, then in a northerly direction to the point of beginning.

 

II.                  GEAR RESTRICTIONS:

The following restrictions will apply to the commercial gill net fisheries occurring in the areas of Pamlico Sound described above on the dates indicated.  Large mesh gill nets are defined in this proclamation as those gill nets with stretched mesh of 5 inches and greater.  Small mesh gill nets are defined as those gill nets with stretched mesh less than 5 inches.

 

A.      SGNRA1, SGNRA2, SGNRA3, SGNRA4, MGNRA1, and MGNRA2

1.      From September 1 through December 15, 2003, fishing operations will be limited to a maximum of 2,000 yards of large mesh gill net and a maximum of 2,000 yards of small mesh gill net.  The use of large mesh commercial gill nets will require a GNRA Permit (as outlined below).

2.      From September 1 through October 31, 2003, attendance is required for commercial fishing operations using small mesh gill nets.

 

B.     Inlet Corridors (OC, HC, OIC)

1.      From September 1 through December 15, 2003, the use of large mesh gill nets in any of the corridors is prohibited.  Commercial fishing operations using small mesh gill nets will be limited to a maximum of 2,000 yards.

2.      From September 1 through October 31, 2003, attendance is required for commercial fishing operations using small mesh gill nets.

 

C.     Individual commercial fishing operations setting gill nets in more than one of the GNRAs will be restricted to a total of 2,000 yards of large mesh and a total of 2,000 yards of small mesh gillnet in all areas.

 

III.                PERMITS AND PERMIT CONDITIONS

A.      A Gill Net Restricted Area Permit (GNRA) is required for participation in large mesh commercial gill net fisheries in the GNRAs from September 1, 2003 through December 15, 2003. The procedures outlined in Marine Fisheries Rules 15A NCAC 3O .0500 apply.

B.     A single GNRA permit is required for each large mesh commercial fishing operation, regardless of the number of persons involved.  A fishing operation is defined as all individuals, the vessel actively deploying and fishing gill nets in the GNRAs, and all nets used under one Permit and one Standard Commercial Fishing License (SCFL).  The operation shall have the GNRA Permit in possession at all times while on the water.  A vessel shall be listed on only one GNRA Permit. 

C.     An individual must hold or be assigned a Standard Commercial Fishing License (SCFL) or a Retired Standard Commercial Fishing License to obtain a GNRA Permit. When a SCFL is assigned, the GNRA Permit will be issued in the name of the assignee.  The vessel used in the commercial fishing operation must be identified on the GNRA Permit application. 

D.     Gill Net Restricted Area permitees shall not refuse to allow onboard fisheries observers to collect data from gill net fisheries in the GNRA.  Failure to allow an observer onboard or allow Marine Patrol inspection shall result in revocation of the GNRA Permit.  Other violations of permit conditions may result in the suspension or revocation of the Permit.

E.      Weekly reports from GNRA permitees are required to be submitted to NCDMF on forms provided by the Division in accordance with conditions found in the GNRA Permit.  These reports are required whether or not permitees fish during that week. 

 

IV.                SEA TURTLE INTERACTION REPORTING:

Fishermen shall report all sea turtle interactions with gill nets in the GNRAs to the NCDMF Communication Center in Morehead City, NC by phone at 1-800-682-2632 or 252-726-7021 within 24 hours.  Failure to report interactions may result in suspension or revocation of the GNRA Permit.

 

V.                  GENERAL INFORMATION:

A.      This proclamation is issued under the authority of G. S. 113-134; 113-170.4; 113-170.5; 113-181; 113-182; 113-221(e); 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103, 3I .0107, 3I .0113, 3J .0103, 3O .0500, and 3O .0506.

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

C.     The intent of this proclamation is to implement management measures in the fall gill net fisheries in southeastern Pamlico Sound that are expected to reduce interactions with threatened and endangered sea turtles from September 1 through December 15, 2003.  These actions are expected to provide increased levels of protection for threatened and endangered sea turtles in Pamlico Sound gill net fisheries. 

D.     “Attendance” is defined in N.C. Fisheries Rule 15A NCAC 3I .0101 (b) (40).

E.      Gill Net Restricted Area Permits will be available beginning August 18, 2003 at no cost from all Division of Marine Fisheries License Offices.

F.      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 October 31 each year.

G.     This proclamation supplements, but does not supersede, the small mesh gill net yardage restriction of 800 yards and the attendance requirement established in Proclamation M-8-2003, dated May 2, 2003, for the areas described in Marine Fisheries Rule 3O .0503(2)(A)(ii).

 

 

August 15, 2003

10:30 AM

M-10-2003

/sab