VI. GENERAL INFORMATION
A. This proclamation is issued under the authority of N.C.G.S. 113-134; 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 .0101 and .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 intent of this proclamation is to implement gill net restrictions while the Division applies for a statewide incidental take permit from NMFS under Section 10 of the Endangered Species Act. It sets out the large mesh gill net setting requirements for internal coastal waters south of the ASMA southern boundary line.
D. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License holders as well as Standard and Retired Standard Commercial Fishing Licenses holders.
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 small mesh gill net attendance requirements in N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0103 (h), size restrictions in 03J .0103(a)(2), the navigational passage requirements in 03J .0101, as well as all other existing gill net rules and proclamations remain in effect.
G. The Pamlico Sound Gill Net Restricted Area remains closed by Proclamation M-42-2012 dated September 24, 2012 and may reopen by a subsequent proclamation.
H. Proclamation M-7-2012, dated February 23, 2012 prohibits the use of gill nets with a stretched mesh length more than 6 ½ inches.
I. This proclamation supersedes Proclamation M-48-2012, dated October 3, 2012.
October 5, 2012
|N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632 |