RE: DISCRETIONARY RIVER HERRING SET-ASIDE
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 6:00 A.M., Monday, April 18, 2011, the following provisions shall apply to the harvest of the discretionary river herring set-aside in the Chowan River:
I. AREA DESCRIPTION:
The Chowan River Herring Management Area as defined in N.C. Marine Fisheries Rule 15A NCAC 03J .0209 (b).
II. COMMERCIAL NET AND SEASON RESTRICTIONS:
A. It is unlawful for a person to take or possess river herring without possessing a 2011 Discretionary Herring Fishing Permit (DHP) as required by Proclamation M-8--2011, dated March 9, 2011.
B. The taking of the research set-aside amount of river herring in the Chowan River Herring Management Area will be allowed only from 6:00 A.M., April 18, 2011 through 6:00 P.M., April 21, 2011 with gill nets and pound nets.
C. It is unlawful to use gill nets with any stretched mesh length other than 3 inches. A maximum of 100 yards of 3-inch stretched mesh shall be used. It is unlawful to fail to remove gill nets from the water by 6:00 P.M. April 21, 2011.
D. No drift gill nets may be used in the Chowan River Herring Management Area.
E. It is unlawful to take or possess more than 150 pounds of river herring per DHP holder between 6:00 A.M., April 18, 2011 and 8:00 P.M., April 21, 2011.
F. It is unlawful for a DHP holder to fail to sell any river herring taken pursuant to this proclamation and the sale must occur no later than 8:00 P.M., April 22, 2011. Sale of river herring must be to a North Carolina licensed fish dealer or consolidated fish dealer holding an Albemarle Sound Management Area River Herring Dealer Permit in accordance with N.C. Fisheries Rule 15A NCAC 03O .0503 (b)(3).
G. Dealers will have until 6:00 P.M. on April 28, 2011 to sell, offer for sale, transport, or have in possession unfrozen river herring taken from the Chowan River Herring Management Area.
III. 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 Rule 15A NCAC 03H .0103, 03M .0513, 03O .0502, .0504 and .0506.
B. It is unlawful to violate the provisions of any proclamation issued by the N.C. Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 03H .0103.
C. The intent of this proclamation is to allow a research set-aside take of river herring to occur in the Chowan River in order to collect data necessary for stock analysis and to provide availability of some local product for local cultural events and festivals. This proclamation implements the means and time period by which the DHP holders are allowed to harvest the discretionary river herring research set-aside.
April 5, 2011