V. CLOSED AREA DESCRIPTION
It is unlawful to use large mesh gill nets (defined as 4 inches to 6½ inches stretched mesh, inclusive) in the area described below from May 8 through October 14, 2013:
SOUTHERN CORE SOUND, BACK SOUND, THE STRAITS, NORTH RIVER AND TRIBUTARIES –The area bound in the north by a line at latitude 34° 48.2660’ N which runs approximately from the Club House on Core Banks westerly to a point on the shore at Davis near Marker “1”, bound in the west by a line at longitude 76° 36.9972’ W, which runs northerly from a point on Shackleford Banks to Lennoxville Point, then to the head of Turner Creek, and northerly up the western side of North River, and bound in the east by the COLREGS demarcation line at Barden Inlet including southern Core Sound, Back Sound, The Straits, North River and all tributaries. (See Map)
VI. 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 were 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-5-2013, dated February 21, 2013 prohibits the use of gill nets with a stretched mesh length more than 6 ½ inches.
I. This proclamation supersedes Proclamation M-3-2013 dated February 5, 2013. The April 1 closure date for Area D1 was incorrect and should be May 8, 2013.
March 5, 2013