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North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation M-33-2016

Marine Fisheries

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V. GENERAL INFORMATION

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 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 and IV. The allowed yardage for Recreational
Commercial Gear License holders is described in N.C. Marine Fisheries Rule 15A NCAC .03O .0302 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 observer program as an inspection
procedure to obtain such data.

F. The Division of Marine Fisheries has received Federal Incidental Take (ITP) permits for certain
threatened or endangered sea turtles, and endangered Atlantic sturgeon. These ITPs 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 statewide.


G. The intent of this proclamation is to manage allowable gill nets in Management Unit A while minimizing
river herring bycatch mortality in accordance with Amendment 2 to the N.C. River Herring Fishery
Management Plan.

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 the exception of 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 FF-3-2016 it is unlawful to possess flounder in Internal Coastal Waters taken
from anchored large mesh gill nets with a stretched mesh length less than 6 inches. In
accordance with FF-4-2016 it is unlawful for Recreational Commercial Gear License holders to
possess flounder in anchored large mesh gill nets with a stretched mesh length less than 6
inches. These regulations are implemented in accordance with Supplement A to Amendment 1
of the N.C. Southern Flounder Fishery Management Plan. See listed proclamations for full details.


J. 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.
K. 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

L. This proclamation supersedes Proclamation M-32-2016, dated December 13, 2016. It restricts the use
of gill nets to a stretched mesh length of 3 ¼ inches in accordance with Amendment 2 to the N.C.
River Herring Fishery Management Plan. It maintains a large mesh gill net closure for the entire
portion of Management Unit A. This action is being taken in order to allow directed gill net
fisheries for various species, to minimize river herring and undersized striped bass bycatch
discard mortality in small mesh anchored gill nets, and to minimize interactions with endangered
Atlantic sturgeon.

Braxton signature

 


Braxton C. Davis, Director
DIVISION OF MARINE FISHERIES

December 22, 2016
3:41 P.M.
M-33-2016

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N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632

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