RE: DISCRETIONARY RIVER HERRING SET-ASIDE
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 6:00 A.M., Monday, March 25, 2013, the following provisions shall apply to the harvest of the discretionary river herring set-aside in the Chowan River Herring Management Area:
I. AREA DESCRIPTION:
The Chowan River Herring Management Area as defined in N.C. Marine Fisheries Rule 15A NCAC 03J .0209 (b).
II. COMMERCIAL NET AND SEASON RESTRICTIONS:
A. It is unlawful for a person to take or possess river herring without possessing a 2013 Discretionary Herring Fishing Permit (DHP) as required by Proclamation M-4-2013, dated February 19, 2013.
B. The taking of the research set-aside amount of river herring in the Chowan River Herring Management Area will be allowed only from 6:00 A.M., March 25, 2013 through 6:00 P.M., March 28, 2013 with gill nets and pound nets.
C. It is unlawful to use gill nets with any stretched mesh length other than 3 inches. A maximum of 100 yards of 3-inch stretched mesh shall be used. It is unlawful to fail to remove 3-inch gill nets from the water by 6:00 P.M. March 28, 2013. River herring may also be retained from gill nets set in accordance with the M-type proclamation in effect for this area during the discretionary river herring set-aside season.
D. No drift gill nets may be used in the Chowan River Herring Management Area.
E. It is unlawful to take or possess more than 150 pounds of river herring per DHP holder between 6:00 A.M., March 25, 2013 and 8:00 P.M., March 28, 2013.
F. It is unlawful for a DHP holder to fail to sell any river herring taken pursuant to this proclamation and the sale must occur no later than 8:00 P.M., March 29, 2013. Sale of river herring must be to a North Carolina licensed fish dealer or consolidated fish dealer holding an Albemarle Sound Management Area River Herring Dealer Permit in accordance with N.C. Fisheries Commission Rule 15A NCAC 03O .0503 (b)(3).
G. Dealers will have until 6:00 P.M. on April 5, 2013 to sell, offer for sale, transport, or have in possession unfrozen river herring taken from the Chowan River Herring Management Area.
III. 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 Commission Rule 15A NCAC 03H .0103, 03M .0513, 03O .0502, .0504 and .0506.
B. It is unlawful to violate the provisions of any proclamation issued by the N.C. Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Commission Rule 15A NCAC 03H .0103.
C. The intent of this proclamation is to allow a research set-aside take of river herring to occur in the Chowan River Herring Management Area in order to collect data necessary for stock analysis and to provide availability of some local product for local cultural events and festivals. This proclamation implements the means and time period by which the DHP holders are allowed to harvest the discretionary river herring research set-aside.
March 11, 2013