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North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation SH-07-2017

Marine Fisheries

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III. GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G.S. 113-182; 113-170.4; 113-170.5; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103; 03L .0101 and .0202.

B. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03H .0103 it is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority.

C. Shellfish Management Areas that have been designated by proclamation are closed to the use of trawl nets, long haul seines, and swipe nets.

D. Albemarle Sound is closed to the use of trawl nets as described in N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104(b)(3). The line separating Croatan and Roanoke sounds from Albemarle Sound is described as a line beginning on Long Point at 36° 02.4910’N – 75° 44.2140’W; running southerly to a point on Roanoke Island 35° 56.3302’N – 75° 43.1409’W; running northwesterly to Caroon Point 35° 57.2255’N – 75° 48.3324’W.

E. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0211 it is unlawful to use any bottom disturbing fishing gear on any shellfish lease or franchise unless it has been duly authorized by the Fisheries Director. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0204(f), the Division has no duty to protect any shellfish bottom lease, franchise, or water column lease not marked according to N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0204(a).

F. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104(b)(6) trawls are prohibited in designated pot areas opened to the use of pots by Rule 15A NCAC 03J .0301(a)(2) and bound by the shoreline to the depth of six feet as described in Rule 15A NCAC 03R .0107(a)(5), (a)(6), (a)(7), (a)(8), and (a)(9).

G. Hatched areas on the attached maps indicate those areas closed to shrimp and crab trawling, seines and cast nets except as specified in III. F. and III. J.

H. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0121 the Division of Marine Fisheries will mark the areas to be opened with signs insofar as may be practical. No unauthorized removal or relocation of any such sign shall have the effect of changing the area opened, nor shall any such unauthorized removal or relocation or the absence of any sign affect the applicability of this proclamation. Where there is conflict between signs and boundary descriptions, boundary descriptions shall prevail.

I. Proclamation SH-2-2015 dated May 12, 2015, describes required Bycatch Reduction Devices (BRDs) to be used in shrimp trawls (http://portal.ncdenr.org/web/mf/proclamation-sh-02-2015). Proclamation FF-55-2012 dated November 9, 2012 limits the amount of weakfish bycatch that can be taken with shrimp or crab trawls to 50% of equal weight of combined catch, but no more than 100 pounds.

J. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0105 it is unlawful to take or possess shrimp from areas closed to the taking of shrimp except four quarts of shrimp (heads on) or two and one half quarts (heads off) per person per day may be taken while fishing in a closed area with a cast net.

K. In accordance with N.C. Marine Fisheries Commission Rule 15A 03L .0205 (a) it is unlawful to use trawls in Crab Spawning Sanctuaries described in N.C. Marine Fisheries Commission Rule 15A 03R .0110 from March 1 through August 31.

L. N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0103 (c) describes the areas in which it is unlawful to use trawls with a combined headrope length greater than 90 feet (mouths of the Neuse and Pamlico rivers and all of Bay River).

M. N.C. Marine Fisheries Commission Rule 03L .0103 (d) describes areas in which it is unlawful to use trawls with a combined headrope length greater than 220 feet (lower mouth areas of the Neuse and Pamlico rivers and Pamlico Sound).

N. N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0114 describes the areas in Pamlico, Pungo and Neuse rivers above which shrimp trawls are prohibited. Crab trawling, however, is still permitted in those areas.

O. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104 (f) it is unlawful to use shrimp trawls for the taking of blue crabs in internal waters, except that it shall be permissible to take or possess blue crab incidental to commercial shrimp trawling provided the total weight of blue crabs shall not exceed 50 percent of the total weight of the combined blue crab and shrimp catch; or 300 pounds, whichever is greater.

P. Taking shrimp with pots is not governed by this proclamation. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0301 shrimp pots may be used to take shrimp.

Q. N.C. Marine Fisheries Commission Rules 15A NCAC 03J .0104 and 03L .0102 and .0103 place further restrictions on areas, gear, seasons and time for the taking of shrimp with nets.

R. 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.

S. 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.

T. The intent of this proclamation is to close waters from Marker 45 near Bogue Inlet to the North Carolina-Virginia border to crab trawling and the taking of shrimp with nets except those areas described in this proclamation.

U. This proclamation supersedes proclamation SH-5-2017, dated August 17, 2017. This proclamation opens the special secondary nursery areas of Core Sound, West Bay in Pamlico Sound, and Turnagain Bay in the Neuse River and specifically describes areas open to the taking of blue crabs by trawls and shrimp with nets in the central and northern coastal region from Marker 45 near Bogue Inlet to the North Carolina-Virginia border.

 

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Braxton C. Davis, Director
DIVISION OF MARINE FISHERIES

September 22, 2017
3:39 P.M.
SH-7-2016

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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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