A. This proclamation is issued under the authority of N.C.G.S. 113-182; 113-221.1; and N.C. Marine Fisheries Commission Rule 15A NCAC 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. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License holders except the allowed yardage in Section III. The allowed yardage for Recreational Commercial Gear License holders is described in N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0302.

D. 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.

E. 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.

F. 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.

G. 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 fisheries for other species to occur while minimizing interactions with threatened and/or endangered species.

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. In accordance with N.C. General Statute 113-221.1(c) All persons who may be affected by proclamations issued by the Fisheries Director are under a duty to keep themselves informed of current proclamations.

J. 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

K. This proclamation supersedes Proclamation M-24-2019 dated November 27, 2019. In Management Unit A, it is unlawful to use small mesh gill nets with a stretched mesh length other than 3 ¼ inches, EXCEPT AS DESCRIBED IN SECTION II. C. AND D. AND SECTION IV. It continues to allow the use of gill nets with a stretched mesh length of 5 ½ inches through 6 ½ inches in certain portions of Management Unit A.

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

December 20, 2019
11:34 A.M.
M-26-2019