M-9-2017

PROCLAMATION

RE: GILL NETS – ALBEMARLE SOUND AREA – MANAGEMENT UNIT A

This Proclamation supersedes proclamation M-7-2017 dated March 22, 2017. It implements small mesh gill net attendance requirements in Management Unit A, and closes a portion of Croatan and Roanoke sounds (Management Subunit A-South of US-64-BYP/US-64) to the use of gill nets except as described in Section IV.

Braxton C. Davis, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Monday, May 1, 2017, the following provisions shall apply to the use of gill nets in the following areas:

I. MANAGEMENT UNIT A DESCRIPTION AND SPECIFIC AREA RESTRICTIONS

A. Management Unit A: encompasses all Internal Coastal Waters bound on the south by 35° 46.3000’ N latitude to the North Carolina/Virginia state line. This includes Albemarle, Currituck, Croatan and Roanoke sounds and their tributaries.

B. Management Subunit A-South of US-64-BYP/US-64: It is unlawful to use gill nets, except as described in Section IV., in the Internal Coastal Waters of Croatan and Roanoke Sounds in the area south of a line beginning at a point 35° 53.1720’ N – 75° 45.6160’ W on the mainland shore near Manns Harbor; running easterly along the south side of the Virginia Dare Memorial Bridge, continuing easterly along the south side of the Washington Baum Bridge to a point ending at 35° 54.3820’ N – 75° 35.9240’ W on the Outer Banks shore.

C. Black Walnut Point to Mackey’s Creek: It is unlawful to use ANY gill nets, including those described in Section IV., in the area southwest of a line from Black Walnut Point at 35° 59.3833’ N -76° 41.0060’ W; running southeasterly 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.

II. GILL NET ATTENDANCE, CONSTRUCTION, AND USE REQUIREMENTS

A fishing operation regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified:

A. Management Unit A (as described in Section I.):

1. It is unlawful to use gill nets with a stretched mesh length less than 3 inches and greater than 3 ¾ inches (gill nets with a stretched mesh length of 3 inches through 3 ¾ inches may be used).
2. It is unlawful to use unattended gill nets with a stretched mesh length of 3 inches through 3 ¾ inches.
3. It is unlawful to use gill nets with a stretched mesh length greater than 3 ¾ inches and less than 5 ½ inches.
4. It is unlawful to use gill nets with a stretched mesh length greater than 6 ½ inches.
5. It is unlawful to use gill nets with a stretched mesh length of 5 ½ inches through 6 ½ inches unless the nets are set to fish the bottom of the water column and not to exceed a vertical height of 48 inches. Vertical height is defined as the distance between the top and bottom lines of the net.
6. It is unlawful to fail to actively fish gill net sets at least once during a 24 hour period no later than noon each day.

III. GILL NET YARDAGE RESTRICTIONS
A fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net yardage restrictions specified:

A. It is unlawful to use more than 800 yards of gill net with a stretched mesh length of 3 inches through 4 inches in any combination per commercial fishing operation (including nets as described in Section IV).

B. It is unlawful to use more than 2,000 yards of gill net with a stretched mesh length of 5 ½ inches through 6 ½ inches.

IV. GEAR EXEMPTIONS AND RESTRICTIONS FOR RUN-AROUND, STRIKE, DROP, TRAMMEL, AND DRIFT GILL NETS:

A. Exempted gear definitions (including trammel gill nets):

1. Runaround, strike, drop, or trammel gill nets - gill nets that are set and then are immediately retrieved.
2. Drift gill nets - gill nets that are used to capture fish while being moved along by water currents and the net being actively fished and attended from deployment through retrieval.

B. It is unlawful to use drift gill nets in the Joint Fishing Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan and Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area as defined in N.C. Marine Fisheries Commission Rule 15 NCAC 03R. 0201.

C. It is unlawful to use run-around, strike, drift, drop and trammel gill nets with a stretched mesh length less than 3 inches and greater than 4 inches.

V. SEA TURTLE AND ATLANTIC STURGEON INTERACTION REPORTING
It is unlawful to fail to report any sea turtle or sturgeon captured in anchored gill nets. Reports shall be made within 24 hours of the capture to the Division of Marine Fisheries at 252-726-7021 or 800-682-2632. Self- reported takes of sea turtles and sturgeon by fishermen fishing without an observer do not count toward the allowable takes in the Incidental Take Permits.