M-10- 2009

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., Wednesday, April 15, 2009 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).

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 and their Joint Water Tributaries

A. Gill nets with a mesh length of 3 ¼ inches shall not exceed 800 yards in length.

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 Highway 64/264 Business bridge at Manns Harbor. Gill nets with a mesh length of 3 ¼, 3 ¾ and 4 inches shall not exceed 800 yards.

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 1/2 are allowed except those listed. Gill nets with a mesh length of 5 1/2 inches and larger described in II. D. may not exceed 3,000 yards combined.

D. Gill nets with a mesh length of 5 ½ inches and larger are required to be equipped with tie downs spaced no further apart then 10 yards, 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 the bottom not to exceed a vertical height of 48 inches. Gill nets meeting these criteria shall not exceed 3,000 yards in length per fishing operation.

E. 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.

III. DRIFT GILL NETS
No gill nets may be used in the joint waters of Roanoke, Middle, Eastmost and Cashie rivers. No drift gill nets may be used in the Chowan and Meherrin rivers.

IV. SEASON CLOSURE:
The season for the use of commercial gear described will close by proclamation at a later date.

V. GENERAL INFORMATION:
A. This proclamation is issued under the authority of N.C.G.S. 113-170.4, 13-170.5, 113-182; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rule 15A NCAC 3H .0103, 3J .0103, 3Q .0107(1)(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. The intent of this proclamation is to allow directed fisheries for mullet, white perch and flounder while managing Albemarle Sound Management Area striped bass within the quota established by the North Carolina Estuarine Striped Bass Fishery Management Plan, and the river herring stocks under a no harvest measure, as recommended by the North Carolina Marine Fisheries Commission in the North Carolina River Herring Fishery Management Plan and controlling the bycatch of striped bass in directed gill net fisheries.

D. This proclamation supersedes Proclamation M-3-2009, dated January 29, 2009.

April 8, 2009
2:40 P.M.
M-10-2009
/sab