M-19-2011

PROCLAMATION

RE: GILL NETS – EASTERN ALBEMARLE SOUND, CROATAN SOUND AND ROANOKE SOUND AREA

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Saturday, May 14, 2011, the following provisions shall apply to the use of gill nets in the following areas:

I. AREA DESCRIPTION

A. Albemarle Sound and its tributaries, east of a line beginning at a point 35° 57.5590’N - 75° 56.8200’W; running northerly to a point 36° 04.8280’N - 75° 47.4050’W and south of the Highway 158 Wright Memorial Bridge beginning at a point on the western shore at 36° 04.8280’N - 75° 47.4050’W; running easterly along the south side of the bridge to a point on the east shore at 36° 05.5770’N - 75° 44.5850’W.

B. Albemarle, Croatan and Roanoke sounds – north of 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

A. 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.

B. It is unlawful to use gill nets with a mesh length less than 3 inches.

C. Gill nets with a mesh length of 4 inches to 6 ½ inches (inclusive) must adhere to requirements as stated in Proclamation M-18-2011.

D. It is unlawful to use gill nets with a mesh larger than 6 ½ inches.

III. ATTENDANCE EXEMPTIONS

A. Gill nets set in the following areas are exempt from attendance requirements :

1. Croatan Sound Area - In the area south of a line from Roanoke Marshes Point at 35° 48.3693’N - 75° 43.7232’W, running northeasterly to Beacon “4” on the south point of the Mouth of Baum Creek on Roanoke Island at 35° 50.6000’N – 75° 39.7000’W. The southern boundary is the ASMA line which runs from Roanoke Marshes Point at 35° 48.3693’N - 75° 43.7232’W, running southeasterly across to the north point of Eagles Nest Bay at 35° 44.1710’N - 75° 31.0520’W.

2. Roanoke Sound Area - South of a line running along the Highway 264/64 bridge and bordered on the south by the ASMA boundary which runs from Roanoke Marshes Point 35° 48.3693’N - 75° 43.7232’W, running southeasterly across to the north point of Eagles Nest Bay at 35° 44.1710’N - 75° 31.0520’W.

B. ATTENDANCE RESTRICTIONS IN THESE AREAS: From May 14, 2011 through May 31, 2011, all gill nets with a mesh length less than 4 inches that are set within 50 yards of shore must be attended. Gill nets with a mesh length less than 4 inches set farther than 50 yards from shore do not have to be attended during May, 2011.

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 Rule 15A NCAC 3H .0103 and 3J .0103, 3Q .0107(c); 3M .0202 and 3M .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 Rule 15A NCAC 3H .0103.

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

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

E. This proclamation supersedes Proclamation M-16-2011 dated April 12, 2011.

May 12, 2011
11:45 A.M.
FF-19-2011