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 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. The small mesh gill net attendance requirements in N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0103 (g) and (h), 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.

E. 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.

F. The Pamlico Sound is closed annually from September 1 through December 15 each year to large mesh gill nets by National Marine Fisheries Service, Federal Rule 50 CFR Part 223. The Sea Turtle ITP allows the division to open certain areas within the Pamlico Sound to large mesh gill nets.

G. 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.

H. 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.

I. 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.

J. The intent of this proclamation is to implement gill net restrictions in accordance with Amendment 2 to the N.C. Southern Flounder Fishery Management Plan and allow directed and bycatch fisheries for various species while minimizing interactions with threatened and/or endangered species. Future proclamations will be issued to implement gear restrictions that correspond to the flounder season closure dates specified in Amendment 2 or to implement ITP requirements.

K. 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.

L. 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

M. This proclamation supersedes Proclamation M-16-2019 dated September 27, 2019. This proclamation closes Management Units B (subunits SGNRA 1-4, MGNRA and portions of CGNRA) and Management Unit C to the use of gill nets with a stretched mesh length of 4 inches through 6 ½ inches (except as described in Section III.). It maintains openings in Management Units D2 and E. These actions are being taken in accordance with Amendment 2 to the N.C. Southern Flounder Fishery Management Plan.

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

October 23, 2019
1:50 P.M.
M-21-2019