M-16-2008

PROCLAMATION

RE: COMMERCIAL GILL NETS - PAMLICO SOUND GILL NET RESTRICTED AREA (PSGNRA)

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective 7:30 A.M., Saturday, September 20, 2008, the following management measures will be implemented for commercial gill net fisheries in Pamlico Sound:

PAMLICO SOUND CLOSURE:

It is unlawful to use large mesh gill nets (greater than or equal to 5 ½ inch stretched mesh) from September 1, 2008 to midnight on November 30, 2008 in the internal waters of Pamlico Sound south and west of the 35° 46.3000 ‘N latitude line, east of the 76° 30.0000’W longitude line, and north of the 35° 00.0000’N latitude line except as provided in the areas described below as the Pamlico Sound Gill Net Restricted Areas (PSGNRAs).

PSGNRA DESCRIPTIONS:

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 near Marker # 2CS at the mouth of Wainwright Channel at 35° 00.2780’N- 76° 12.1682’W, then running northeasterly near Marker “HL” at 35° 01.5665’N- 76° 11.4277’W, then running northeasterly near 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. SGNRA2
The area from Ocracoke Inlet to Hatteras Inlet bound by the following points: Beginning at a point near Marker #7 at the mouth of Silver Lake at 35° 06.9091’N- 75° 59.3882’W, running north to a point at 35° 08.7925’N- 76° 00.3627’W near Big Foot Slough Entrance, then running easterly to a point at 35° 09.4994’N- 75° 54.2943’W, then running northeasterly to a point at 35° 11.9803’N- 75° 51.6396’W, then running easterly to a point at 35° 13.4489’N- 75° 47.5534’W, then running southerly to just 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 a point near Marker “HR” at 35° 13.3152’N- 75° 41.6694’W, running northwest near 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 near Marker #1 at the Avon Channel Entrance at 35° 22.8212’N- 75° 33.5984’W, then running southeasterly near Marker #6 on Avon Channel at 35° 20.8224’N- 75° 31.5708’W, then running easterly near 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 a point near 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 near 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 near Marker #8 at 35° 20.9412’N- 75° 30.9058’W, then running westerly near Marker #6 on Avon Channel at 35° 20.8224’N- 75° 31.5708’W, then running northwesterly to the point of beginning.

GILL NET RESTRICTIONS:
A. It is unlawful to use more than 200 yards of gillnet in one continuous line.
B. It is unlawful to use more than one 200 yard section of gill net without a break of at least 20 feet between one net and the next.
C. If the 200-yard sections are connected, a single yellow buoy is required to be placed at each end of the break between sections of net. The buoys must conform to the size and construction requirements in N.C. Fisheries Rule 15A NCAC 3J .0103 (c).

GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G. S. 113-134; 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52 and N.C. Fisheries Rules 15A NCAC 3H .0103, 3I .0107, 3I .0113, 3J .0103, 3O .0506 and 3R .0201.

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

C. The intent of this proclamation is to implement management measures in the fall gill net fisheries in Pamlico Sound that are expected to reduce interactions with threatened and endangered sea turtles. These actions are expected to provide increased levels of protection for threatened and endangered sea turtles in Pamlico Sound gill net fisheries. Sea turtle abundance has increased throughout the PSGNRA and deep water (>5' deep) gill net sets increase capture and subsequent mortality of turtles.

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

E. Gill Net Restricted Area Permits are available 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 supersedes Proclamation M-15-2008 (Revised), dated September 12, 2008. It removes the daytime setting prohibition for safety reasons. THAT IS THE ONLY CHANGE. If these measures do not decrease sea turtle interactions, closures may be necessary.

September 18, 2008
7:30 A.M.
M-16-2008
/sab