skip to main content | skip to footer
N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation M-38-2012

Marine Fisheries

Web Content Display Web Content Display
Web Content Display Web Content Display

M-38-2012

PROCLAMATION

RE: GILL NETS – ALBEMARLE SOUND AREA


Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 5:31 P.M. on Monday, September 3, 2012, the following provisions shall apply to the use of gill nets in the following areas:

I. AREA DESCRIPTION

A. In Croatan and Roanoke, Albemarle and Currituck sounds, north and west of the Virginia Dare Memorial Bridge and the Washington Baum Bridge described below:
1. Croatan Sound – beginning at a point 35° 53.1720’ N – 75° 45.6160’W on the mainland shore; running easterly along the south side of the Virginia Dare Memorial Bridge to a point at 35° 53.1630’N – 75° 40.1640’W on Roanoke Island.
2. Roanoke Sound – beginning at a point 35° 53.6240’N – 75° 38.4170’W on shore at Roanoke Island; running easterly along the south side of the Washington Baum Bridge to a point at 35° 54.3820’N – 75° 35.9240’W on the Outer Banks shore.
B. The area between the lines referenced in I.A.1. and 2. and the southern boundary of the Albemarle Sound Management Area described as a line beginning at a point 35° 48.3693’N – 75°43.7232’W on Roanoke Marshes Point, running southeasterly to a point 35° 44.1710’N – 75° 31.0520’W on the north point of Eagle Nest Bay.

II. NET RESTRICTIONS
Only gill nets meeting the specified mesh lengths may be used in the described areas. A fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified for the following areas:

A. Albemarle, Currituck, Roanoke and Croatan sounds (areas described in I.A.1. and 2):
1. Gill nets with a mesh length less than 3 inches shall not be used.
2. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards, and must be attended at all times.
3. Gill nets with a mesh length greater than 4 inches and less than 5 ½ inches shall not be used.
4. Gill nets with a mesh length of 5 ½ inches and larger are required to be equipped with tie downs spaced no farther apart than 10 yards, restricting the vertical distance between the top and bottom lines to 48 inches or less unless they are equipped with floats that do not exceed 2 inches in diameter and 6 inches in length placed a minimum of 10 yards apart, not to exceed 11 floats per 100 yards of net. Gill nets must be set so as to fish the bottom not to exceed a vertical height of 48 inches.
5. Gill nets with a mesh length of 5 ½ inches and larger can only be used as described in II.A.4 and may not exceed 2,000 yards combined.
6. It is unlawful to fail to be present at the nets at least once during a 24 hour period no later than noon each day.
7.No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59.3833’N - 76° 41.0060’W; running southeasterly to a point 35° 56.3333’N - 76° 36.0333’W at the mouth of Mackey’s Creek, including Roanoke, Cashie, Middle and Eastmost rivers.
B. Area of southern Albemarle Sound Management Area described in I.B. above
1. Gill nets with a mesh length less than 3 inches shall not be used.
2. Gill nets with a mesh length of 3 inches but less than 4 inches shall not exceed 800 yards and must be attended at all times.
3. Gill nets with a mesh length of 4 inches to 6 ½ inches stretched mesh (inclusive) must adhere to the requirements in Proclamation M-37-2012, dated August 29, 2012.
4. Gill nets with a mesh length larger than 6 ½ inches shall not be used.

III. DRIFT GILL NETS
Drift gill nets may not be used in the Joint Fishing Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan and Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 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, 03Q .0107(c); 03M .0202 and 03M .0513.

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. "Attended" is defined in N.C. Marine Fisheries Commission Rule 15A NCAC 3I .0101.

D. Attended gill net areas are defined in N.C. Marine Fisheries Commission Rule 15A NCAC 3R.0112.

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. This proclamation supersedes Proclamation M-32-2012 (Revised) dated August 27, 2012. It reduces the maximum yardage of large mesh gill nets in the formerly exempted portion of the Albemarle Sound Management Area and adds a requirement to be present at the nets in those areas at least once a day by noon.

August 29, 2012
1:15 P.M.
M-38-2012

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

NCDMF logo

38337 FEEDBACK

Your input is valuable to us. Please send us your feedback.

What type of feedback would you like to send?*

Ask a Question Report a Problem Have a Concern Make a Comment

(If you would like us to respond please include your phone or e-mail.)

Your Question has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Problem has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Concern has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Comment has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

*If you are a DENR employee with an I.T. issue, please submit a DOTS ticket.