V. GILL NET SETTING TIME REQUIREMENTS

It is unlawful to use gill nets with a stretched mesh length of 4 inches through 6 ½ inches for daytime sets other than during the setting and retrieval periods specified below. Only single night overnight soaks are permitted, and are only lawful if set and retrieved as follows:

Management Unit D2 and E as described in Section II. B and C:

1. Nets set for Monday retrieval may be set no sooner than one hour before sunset on Sunday and must be retrieved no later than one hour after sunrise on Monday.

2. Nets set for Tuesday retrieval may be set no sooner than one hour before sunset on Monday and must be retrieved no later than one hour after sunrise on Tuesday.

3. Nets set for Wednesday retrieval may be set no sooner than one hour before sunset on Tuesday and must be retrieved no later than one hour after sunrise on Wednesday.

4. Nets set for Thursday retrieval may be set no sooner than one hour before sunset on Wednesday and must be retrieved no later than one hour after sunrise on Thursday.

5. Nets set for Friday retrieval may be set no sooner than one hour before sunset on Thursday and must be retrieved no later than one hour after sunrise on Friday.

VI. 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.

VII. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G. S. 113-134; 113-182; 113-170.4; 113-170.5; 113-182; 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. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License holders as well as Standard and Retired Commercial Fishing Licenses holders.

D. Proclamation M-3-2014, dated February 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. 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 small mesh gill net attendance requirements in N.C. Marine Commission Fisheries 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.

G. Proclamation M-1-2014, dated January 16, 2014 prohibits the use of gill nets with a stretched mesh length more than 6 ½ inches.

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

I. Proclamation M-10-2014, dated March 18, 2014 requires gill nets with a mesh length greater than five inches to use tie downs and prohibits setting within 50 yards of the shore in portions of Neuse, Pamlico, and Pungo rivers.

J. The Division of Marine Fisheries has received Federal Incidental Take (ITP) permits for certain threatened or endangered sea turtles, and endangered Atlantic sturgeon. These ITP’s allow 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.

K. The intent of this proclamation is to implement gill net restrictions that allow directed and bycatch fisheries for various species while minimizing interactions with endangered species.

L. Proclamation M-24-2014, dated July 31, 2014 exempts individuals setting run-around, strike, drop, and drift gill nets as defined herein from the requirement to possess an Estuarine Gill Net Permit.

M. 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 http://portal.ncdenr.org/web/mf/.

N. This proclamation supersedes Proclamation M-23-2014, dated July 24, 2014. It opens Management Unit D2 to gill nets with a stretched mesh length of 4 inches through 6 ½ inches. It clarifies net types and restrictions for those nets not subject to ITP restrictions.

September 10, 2014
12:00 P.M.
M-29-2014