V. 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 Commission Rules 15A NCAC 03H .0103 and 03J .0101 and .0103.
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 Commission Rule 15A NCAC 03H .0103.
C. The intent of this proclamation is to implement gill net restrictions while the Division applies for a statewide incidental take permit from NMFS under Section 10 of the Endangered Species Act. It lists the areas exempted earlier from restrictions for use of large mesh gill nets (defined as 4 inches to 6½ inches stretched mesh, inclusive) and adds Pamlico Sound, Cape Fear and upper New River to those exempted areas so that the shad fishery can be pursued.
D. Proclamation FF-7-2013, dated February 5, 2013 prohibits the setting of gill nets in the joint fishing waters of the state from midnight on Friday to midnight on Sunday each week. Portions of Albemarle and Currituck sounds are exempt from that provision.
E. Shad net restrictions for the Albemarle Sound will be effective February 15, 2013. Gill net restrictions for the entire ASMA are found in Proclamation M-2-2013, dated February 5 , 2013.
F. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License (RCGL) holders as well as Standard and Retired Commercial Fishing Licenses holders. Attendance requirements for RCGL nets are found in Marine Fisheries Commission Rule 15A NCAC 03) .0302.
G. The small mesh gill net attendance requirements in N.C. Marine Fisheries Rule 15A NCAC 03J .0103 (h), size restrictions in 03J .0103(a)(2), the navigational passage requirements in 03J .0101, as well as all other existing gill net rules and proclamations remain in effect.
H. Proclamation M-7-2012, dated February 23, 2012 prohibits the use of gill nets with a stretched mesh length more than 6 ½ inches.
I. This proclamation supersedes Proclamation M-56-2012 dated November 13, 2012.
February 5, 2013