V. GILL NET SETTING TIME REQUIREMENTS
It is unlawful to use gill nets 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:
In all areas subject to the restrictions in this proclamation:
A. 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.
B. 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.
C. 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.
D. 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. PERMITS AND PERMIT CONDITIONS:
A. Pamlico Sound Gill Net Restricted Area Permit (PSGNRA) is required for participation in large mesh commercial gill net fisheries in the SGNRAs from 5:33 P.M. on October 15, 2012 through November 30, 2012. It is unlawful to violate any of the permit conditions specified below.
B. A single PSGNRA permit is required for each large mesh commercial fishing operation, regardless of the number of persons involved. A fishing operation is defined as all individuals, the vessel actively deploying and fishing gill nets in the SGNRAs, and all nets used under one Permit and one Standard Commercial Fishing License (SCFL). The operation shall have the PSGNRA Permit in possession at all times while on the water. A vessel shall be listed on only one PSGNRA Permit.
C. An individual must hold or be assigned a Standard Commercial Fishing License (SCFL) or a Retired Standard Commercial Fishing License to obtain a PSGNRA Permit. When a SCFL is assigned, the PSGNRA Permit will be issued in the name of the assignee. The vessel used in the commercial fishing operation must be identified on the PSGNRA Permit application.
D. It is unlawful for Gill Net Restricted Area permittees to refuse to allow onboard fisheries observers to collect data from gill net fisheries in the PSGNRA. Failure to allow an observer onboard or allow Marine Patrol inspection shall result in revocation of the PSGNRA Permit. Other violations of permit conditions may result in the suspension or revocation of the Permit.
E. Weekly reports from PSGNRA permittees are required to be submitted to NCDMF on forms provided by the Division in accordance with conditions found in the PSGNRA Permit. These reports are required only when permittees fish during that week. Reports are due by 5:00 p.m. each Friday. Late reports will result in revocation of the PSGNRA Permit.
F. No permit is required to fish in the MGNRA, however if a fishing operation fishes in both the MGNRA and the SGNRA a permit is required.
VII. SEA TURTLE INTERACTION REPORTING:
Fishermen shall report all sea turtle interactions with gill nets in the PSGNRA to the NCDMF Communication Center in Morehead City, N.C. by phone at 800-682-2632 immediately. Failure to report interactions may result in suspension or revocation of the PSGNRA Permit.
VIII. 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. Fisheries Commission Rules 15A NCAC 03H .0103, 3I .0107, 03I .0113, 03J .0103, 03O .0506 and 03R .0201.
B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Fisheries Commission Rule 15A NCAC 03H .0103.
C. The intent of this proclamation is to implement management measures in the fall gill net fisheries in southeastern Pamlico Sound that are expected to reduce interactions with threatened and endangered sea turtles from September 15 through November 30, 2012 These actions are expected to provide increased levels of protection for threatened and endangered sea turtles in Pamlico Sound gill net fisheries. The harvest period will end prior to November 30 if the number of sea turtle interactions exceeds allowable levels.
D. “Attendance” is defined in N.C. Fisheries Commission Rule 15A NCAC 03I .0101 (2) (b).
E. Gill Net Restricted Area Permits are available at no cost from all Division of Marine Fisheries License Offices.
F. From 5:33 P.M. on October 15 through November 30, 2012, attendance is required for commercial fishing operations using small mesh gill nets, as referenced in N.C. Marine Fisheries Commission Rule 03J .0103(h).
G. This proclamation supplements, but does not supersede, the small mesh gill net yardage restriction of 800 yards and the attendance requirement established in Proclamation M-49-2012 dated October 5, 2012, for the areas described in Marine Fisheries Commission Rule 03R .0201(a).
H. Fishermen must contact the NCDMF Marine Patrol at 800-682-2632 if a sea turtle is incidentally captured, regardless of its status (active and uninjured, injured, lethargic or dead). Resuscitation and handling protocol must be followed for all sea turtles incidentally captured.
I. This proclamation supersedes Proclamation M-42-2012, dated September 24, 2012 which closed the Pamlico Sound Gill Net Restricted Area (PSGNRA).
October 10, 2012
|N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632 |