M- 4- 2005

 

PROCLAMATION

RE:      GILL NETS - ALBEMARLE SOUND MANAGEMENT AREA

 

        Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Friday, April 15, 2005 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 as described in Marine Fisheries Rule 15A NCAC 3R .0201 (a) excluding Inland Fishing Waters.

           

II.       COMMERCIAL NET RESTRICTIONS:

Only gill nets meeting the specified mesh lengths shall be used in the areas identified below.  A fishing operation, regardless of the number of vessels or persons involved, shall not use more than the lengths of gill nets specified for the following areas:

 

        Albemarle Sound, Currituck Sound, Croatan Sound and Roanoke Sound

     

A.  Gill nets with a mesh length of 3 ¼ inches shall not be greater than 30 meshes deep or exceed 800 yards in length.  Gill nets with a mesh length of 3 ¼ inches shall not be set in depths of water less than 7 feet, unless attended at all times.  Gill nets of 3 ¼ inches must be sunk and so as not to fish within 3 feet of the waters surface.

 

B.      Gill nets with a mesh length of 3 ¼, 3 ¾ and 4 inches may be used east of a line from Baum Point 35° 55.1602’ N-75° 39.5736’ W to Rhodoms Point 36° 00.2146’ N- 75° 43.6399’ W and east of a line from Eagleton Point 36° 01.3178’ N- 75° 43.6585’ W to Long Point 36° 02.4971’N-75° 44.2261’ W at the mouth of Kitty Hawk Bay.  Gill nets with a mesh length of 3 ¼, 3 ¾ and 4 inches may also be used south of the Business Highway 64/264 bridge at Manns Harbor.   Gill nets with a mesh length of 3 ¼, 3 ¾ and 4 inches shall not exceed 800 yards.  Gill nets of 3 ¼ inches set in these areas are exempt from the 7 feet depth restriction and being sunk 3 feet below the waters surface.

 

C.      The total amount of small mesh gill nets ( 3 ¼ inch, 3 ¾ inch, and 4 inch) used shall not exceed 800 yards in any combination.  No other mesh sizes below 5 ¼ are allowed except those listed. Gill nets with a mesh length of 5 ¼ inches and larger described in II. D. and E. may not exceed 3,000 yards combined.

 

D.      Gill nets with a mesh length of 5 ¼ inches and larger that are equipped with 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.  Nets must not exceed 3,000 yards in length and must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

 

E.      All gill nets with a mesh length of 5¼ inches and larger not meeting the criteria in Section II. D. for floats are required to be equipped with tie downs spaced no farther apart than 30 feet restricting the vertical distance between the top and bottom lines to 48 inches or less.  Nets must not exceed 3000 yards in length and must be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

 

        F.   No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59’ 23” N- 76° 41’ 00” W, running 138° (M) to a point 35° 56’ 20”N- 76° 36’ 02” W at the mouth of     Mackey’s Creek, including Roanoke, Cashie, Middle and Eastmost rivers.

 

III.    SEASON CLOSURE:

The season for the use of commercial gear described in Section II. A., B., and C. but excluding Section II. D. and E., will close by proclamation at a later date.

 

IV.RECREATIONAL NET RESTRICTIONS

           

The 100 yards of gill net allowed Recreational Commercial Gear License holders must adhere to the net configurations and mesh sizes in the waterbodies described in this proclamation for commercial fishing operations.  The Roanoke, Middle, Eastmost and Cashie rivers are closed to the harvest and possession of striped bass from gill nets.

 

V.    GENERAL INFORMATION:

A. This proclamation is issued under the authority of G.S. 113-182; 113-221.1(b); 143B-289.52 and N.C. Marine Fisheries Rule 15A NCAC 3H .0103 and 3J .0103, 3Q .0107(1)(c) and 3M .0202 and 3M .0513.

 

        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 3H .0103.

 

        C. The intent of this proclamation is to allow directed fisheries for mullet, white perch and flounder while managing Albemarle Sound Management Area striped bass and river herring stocks within the quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan, the Albemarle Sound Area River Herring Fishery Management Plan, and controlling the bycatch of striped bass in directed gill net fisheries.

                

        D. The prohibition of the use of 2 1/2 inch drift gill nets in the Albemarle Sound River Herring  Management Area from January 1 through May 15 was effective January 1, 2001, in order to comply with the recommendations of the Albemarle Sound Area River Herring Fishery Management Plan.

 

        E. This proclamation supersedes Proclamation M-3-2005, dated March 21, 2005.

 

 

 

April 7, 2005

10:30 A.M.

M-4-2005

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