M-4-2020

PROCLAMATION

RE: RULE SUSPENSION – GILL NET RESTRICTIONS FOR GILL NETS WITH A STRETCHED MESH LENGTH LESS THAN 4 INCHES AND ATTENDANCE REQUIREMENTS FOR GILL NETS WITH A STRETCHED MESH LENGTH LESS THAN 5 INCHES

The Secretary of the Department of Environmental Quality has directed the Division of Marine Fisheries to conduct a thorough review of the regulations governing the use of small mesh gill nets in North Carolina fisheries.

This proclamation implements yardage and time-setting restrictions for gill nets with a stretched mesh length less than 4 inches and attendance restrictions for gill nets with a stretched mesh length less than 5 inches in the Internal Coastal Waters of the state, south of Management Unit A. Yardage limit increases will be considered for the May-October Spanish mackerel drift gill net fishery. Those increases will be implemented by proclamation at a later time.

Stephen W. Murphey, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, April 20, 2020, the following regulations shall apply to the use of gill nets with a stretched mesh length less than 4 inches (except as described in Section I. and II. which apply to gill nets less than 5 inches) in Internal Coastal Waters, south of Management Unit A:

I. SUSPENSION OF PORTION OF N.C. MARINE FISHERIES COMMISSION RULE 15A NCAC 03J .0103
The following portion of North Carolina Marine Fisheries Commission Rule 15A NCAC 03J .0103 is suspended effective at 12:01 A.M., Monday, April 20, 2020:
Section (h), which reads:

(h) It is unlawful to use unattended gill nets with a mesh length less than five inches in a commercial fishing operation from May 1 through November 30 in the Internal Coastal Waters and Joint Fishing Waters of the state designated in 15A NCAC 03R .0112(b).

II. GILL NET ATTENDANCE REQUIREMENTS (LESS THAN 5 INCHES)
It is unlawful to use unattended gill nets with a mesh length less than five inches in a commercial fishing operation from May 1 through November 30 in the Internal Coastal Waters and Joint Fishing Waters of the state designated in 15A NCAC 03R .0112(b), except year round attendance is required in the following areas described in Section II. A. below:

A. 15A NCAC 03R .0112(b)(4), within 200 yards of the shoreline in the area upstream of the 76° 28.0000’ W longitude line beginning at a point 35° 22.3752’ N – 76° 28.0000’ W near Roos Point in Pamlico River; running southeasterly to a point 35° 04.4833’ N – 76° 28.0000’ W near Point of Marsh in Neuse River (See Map).

III. MANAGEMENT UNIT DESCRIPTIONS

A. Management Unit B: Internal Coastal Waters, bounded on the north by 35° 46.3000’ N latitude which runs approximately from the north end of Pea Island (old Coast Guard station) westerly to a point on the shore at Point Peter Canal, on the south by 34°48.2700’ N latitude which runs approximately from the Club House on Core Banks westerly to a point on the shore at Davis near Marker “1”, and on the west by 76° 30.0000’ W longitude.

B. Management Unit C: Pamlico, Pungo, Bay and Neuse river drainages and Internal Coastal Waters of Pamlico Sound west of 76° 30.0000’ W.

C. Management Unit D1: encompasses all estuarine waters south of 34° 48.2700’N and east of a line running from 34° 40.6750’ N – 76° 37.0000’ W to 34° 42.4800’ N – 76° 37.0000’ W then to the head of Turner Creek, and northerly up the western shoreline of the North River. Management Unit D1 includes Southern Core Sound, Back Sound, and North River.

D. Management Unit D2: all Internal Coastal Waters west of a line running from 34° 40.6750’ N – 76° 37.0000’ W to 34° 42.4800’ N – 76° 37.0000’ W then to the head of Turner Creek, and northerly up the western shoreline of the North River; and east of the NC Hwy 58 Bridge. Management Unit D2 includes Newport River (including the Atlantic Intracoastal Waterway and Harlowe Creek up to NC Hwy 101 Bridge) and Bogue Sound.

E. Management Unit E: all internal Coastal Waters south and west of the Highway 58 Bridge to the North Carolina/South Carolina state line. This includes the Atlantic Intracoastal Waterway and adjacent sounds and the New, Cape Fear, Lockwood Folly, White Oak, and Shallotte rivers.

IV. GILL NET YARDAGE LIMITS (LESS THAN 4 INCHES)

A. It is unlawful to use or possess more than 800 yards of gill net per operation in Management Units B, C, D1, D2 and E.

B. It is unlawful to use fixed, stationary or unattended gill nets in Management Unit D1.