A. This proclamation is issued under the authority of N.C.G.S. 113-134; 113-182; 113-170.4; 113-170.5; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103, 03I .0102 and 03J .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. Marine Fisheries Commission Rule 15A NCAC 03H .0103.

C. All other existing gill net rules and proclamations remain in effect. See http://portal.ncdenr.org/web/mf/proclamations-current to refer to those M-type proclamations for gill net regulations that may be effective in the areas covered by this proclamation.

D. Proclamation M-3-2014 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. Proclamation M-6-2019 prohibits the use of all gill nets in portions of the Pamlico and Neuse Rivers.

F. The small mesh gill net attendance requirements in N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0103 (g) and (i) and 03R .0112, mesh length restrictions in 03J .0103 (a)(2), navigational passage requirements in 03J .0101, as well as all other existing gill net rules and proclamations remain in effect.

G. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0101 (2)(b) “attended” is defined as being in a vessel, in the water, or on shore, and immediately available to work the gear and be within 100 yards of any gear in use by that person at all times. Attended does not include being in a building or structure.

H. Proclamation M-24-2014 dated July 31, 2014 requires holders of a Standard Commercial Fishing License (SCFL), Retired Standard Commercial Fishing License (RSCFL), or Recreational Commercial Gear License (RCGL) who deploy gill nets in Internal Coastal Waters with an exception for run-around, strike, drop or drift gill nets, to possess a valid Estuarine Gill Net Permit issued by the Division of Marine Fisheries.

I. N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0113 specifies that it is unlawful for any licensee under Chapter 113, Subchapter IV of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensee’s possession. The Division of Marine Fisheries has implemented an Estuarine Gill Net Permit and an observer program as an inspection procedure to obtain such data.

J. For gill net restrictions in the Albemarle Sound Area (Incidental Take Permit- Management Unit A) refer to the most recent M-type proclamations for that area.

K. The Division of Marine Fisheries has received Federal Incidental Take Permits (ITP) for certain threatened or endangered sea turtles, and endangered Atlantic sturgeon. These ITPs allow the legal continuation of the inshore gill net fisheries in North Carolina, subject to permit conditions. The ITP conditions are designed to avoid, minimize and mitigate interactions with these species. Permit conditions require the division to provide 7-10 percent observer coverage in the large mesh anchored gill net fishery and 1-2 percent observer coverage in the small mesh anchored gill net fishery in Internal Coastal Waters. If the required coverage is not maintained, large and small mesh anchored gill nets could be prohibited in all Internal Coastal Waters.

L. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0103 (a)(1), it is unlawful to use gill nets with a mesh length less than 2 ½ inches.

M. The intent of this proclamation is to implement attendance restrictions for gill nets with a stretched mesh length less than 5 inches, and yardage and time setting restrictions for the management of gill nets with a stretched mesh length less than 4 inches in the Internal Coastal Waters of the state, south of Management Unit A. Yardage limit decreases in Management Unit B are being implemented to coincide with the 500 lb daily trip limit in the commercial Spanish mackerel fishery.

N. In accordance with N.C. General Statute 113-221(f) and 113-221.1(c) all persons who may be affected by rules and proclamations issued by the Fisheries Director are under a duty to keep themselves informed of current rules and proclamations. Multiple rules and proclamations regulating a fishery, species, gear, etc. may be in effect concurrently.

O. Contact N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557; 252-726-7021 or 800-682-2632 for more information or visit the division website at www.ncmarinefisheries.net.

P. This proclamation supersedes Proclamation M-11-2020 dated May 4, 2020. It reduces the yardage limit for gill nets with a stretched mess length less than 4 inches in Management Unit B. Yardage limit decreases in Management Unit B are being implemented to coincide with the 500 lb daily trip limit in the commercial Spanish mackerel fishery.

Stephen W. Murphey, Director
DIVISION OF MARINE FISHERIES, DEQ

July 20, 2020
11:44 A.M.
M-12-2020