M-10-2008

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., Monday, May 12, 2008, 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 specified for the following areas:

A. Albemarle Sound and Currituck Sound

1. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards, and must be attended at all times.

2. All gill nets with a mesh length of 51/2 inches and larger 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 unless they 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 be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

3. Gill nets with a mesh length of 51/2 inches and larger can only be used as described in II. A. 2. and may not exceed 3,000 yards combined.

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

5. Gill nets with a mesh length greater than 4 inches and less than 51/2 shall not be used.

No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59' .3833’ N - 76° 41' .0060’ W, running 138°(M) to a point 35° 56' .3333’ N - 76° 36' .0333’ W, at the mouth of Mackey's Creek including Roanoke, Cashie, Middle and Eastmost Rivers.

B. Croatan Sound and Roanoke Sound

1. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards and must be attended at all times.

All gill nets with a mesh length of 5 1/2 inches and larger 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 unless they 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 be set so as to fish on the bottom not to exceed a vertical height of 48 inches.

3. Gill nets with a mesh length of 5 1/2 inches and larger described in II. B. (2) may not exceed 3,000 yards combined.

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

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

ATTENDANCE EXEMPTIONS:
A. Gill nets set in the following areas are exempt from attendance requirements :
1. Croatan Sound Area - In the area south of a line from Roanoke Marshes Point at 350 48’ 12” N – 750 43’ 06” W, running 0580 (M) to Beacon “4” on the south point of the Mouth of Baum Creek on Roanoke Island at 350 50’ 36” N – 750 39’ 42” W. The southern boundary is the ASMA line which runs from Roanoke Marshes Point at 350 48’ 12” N – 750 43’ 06” W, running 1220 (M) across to the north point of Eagles Nest Bay at 350 44’ 12” N – 750 31’ 09” W.

2. Roanoke Sound Area - South of a line running along the Highway 264/64 bridge and bordered on the south by the ASMA boundary which runs from Roanoke Marshes Point 350 48’ 12” N – 750 43’ 06” W, running 1220 (M) across to the north point of Eagles Nest Bay at 350 44’ 12” N – 750 31’ 09” W.

B. RESTRICTIONS IN THESE AREAS: From May 12, 2008 through May 31, 2008, all gill nets with a mesh length less than 51/2 inches that are set within 200 yards of shore must be attended. Gill nets with a mesh length less than 51/2 inches set farther than 200 yards from shore do not have to be attended during that period. Provisions in II. B. 2. and II. B. 3. still apply to these areas.

IV. DRIFT GILL NETS:
Drift gill nets may not be used in the Joint Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan, Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.

V. GENERAL INFORMATION:
A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rule 15A NCAC 3H .0103 and 3J .0103, 3Q .0107(c); 3M .0202 and 3M .0513.

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

C. "Attended" is defined in Marine Fisheries Rule 15A NCAC 3I .0101.

D. This proclamation supersedes Proclamation M-8-2008, dated April 10, 2008.

May 8, 2008
9:00 A.M.
M-10-2008
/sab