M-20-2011

PROCLAMATION

RE: GILL NETS – CENTRAL AND WESTERN ALBEMARLE 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, west of a line beginning at a point 35° 57.5590’N - 75° 56.8200’W; running northeasterly to a point 36° 04.8280’N - 75° 47.4050’W.

B. Currituck Sound north of the Highway 158 Wright Memorial Bridge beginning at a point on the western shore at 36º 04.8280’N - 75º 47.4050’W; running easterly along the south side of the bridge to a point on the east shore at 36º 05.5770’N - 75º 44.5850’W.

II. NET RESTRICTIONS

Only gill nets meeting the specified mesh lengths may be used in the described areas. A fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified for the following areas:

A. Albemarle Sound and Currituck Sound

1. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards, and must be attended at all times.

2. Gill nets with a mesh length of 51/2 inches and larger are required to be equipped with tie downs spaced no farther apart than 10 yards, restricting the vertical distance between the top and bottom lines to 48 inches or less unless they are equipped with floats that do not exceed 2 inches in diameter and 6 inches in length placed a minimum of 10 yards apart, not to exceed 11 floats per 100 yards of net. Gill nets must be set so as to fish the bottom not to exceed a vertical height of 48 inches.

3. Gill nets with a mesh length of 51/2 inches and larger can only be used as described in II. A. (2) and may not exceed 3,000 yards combined.

4. Gill nets with a mesh length less than 3 inches shall not be used.

5. Gill nets with a mesh length greater than 4 inches and less than 5 1/2 shall not be used.

6. No gill nets may be used in the area southwest of a line from Black Walnut Point 35° 59' .3833’ N - 76° 41' .0060’ W, running 138°(M) to a point 35° 56' .3333’ N - 76° 36' .0333’ W, at the mouth of Mackey's Creek including Roanoke, Cashie, Middle and Eastmost Rivers.

III. DRIFT GILL NETS

Drift gill nets may not be used in the Joint Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan, Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.

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. This proclamation supersedes Proclamation M-17-2011 dated April 12, 2011.

May 12, 2011
11:50 A.M.
FF-20-2011