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GILL NETS – ALBEMARLE SOUND AREA
Thursday, May 17, 2012 @ 05:54:23 EDT

GILL NETS – ALBEMARLE SOUND AREA
 
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M. on Friday, May 18, 2012, the following provisions shall apply to the use of gill nets in the following areas:
 
I. AREA DESCRIPTION
 

A. In Croatan and Roanoke, Albemarle and Currituck sounds, north and west of the Virginia Dare Memorial Bridge and the Washington Baum Bridge described below:
 

1. Croatan Sound – beginning at a point 35° 53.1720’N – 75° 45.6160’W on the mainland shore; running easterly along the south side of the Virginia Dare Memorial Bridge to a point at 35° 53.1630’N – 75° 40.1640’W on Roanoke Island.
 2. Roanoke Sound – beginning at a point 35° 53.6240’N – 75° 38.4170’W on shore at Roanoke Island; running easterly along the south side of the Washington Baum Bridge to a point at 35° 54.3820’N – 75° 35.9240’W on the Outer Banks shore.
 
B. The area between the lines referenced in I.A.1. and 2. and the southern boundary of the Albemarle Sound Management Area described as 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
 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, Currituck, Roanoke and Croatan sounds (areas described in I.A.1. and 2.)
 

1. Gill nets with a mesh length less than 3 inches shall not be used.
 
2. Gill nets with a mesh length of 3 inches through 4 inches shall not exceed 800 yards, and must be attended at all times.
 
3. Gill nets with a mesh length greater than 4 inches and less than 5 ½ inches shall not be used.
 
4. Gill nets with a mesh length of 5 ½ 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.
 
5. Gill nets with a mesh length of 5 ½ inches and larger can only be used as described in II.A.4 and may not exceed 3,000 yards combined.
 
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.
 
B. Area of southern Albemarle Sound Management Area described in I.B. above
 

1. Gill nets with a mesh length less than 3 inches shall not be used.
 
2. 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.
 
3. Gill nets with a mesh length of 4 inches to 6 ½ inches (inclusive) must adhere to the requirements in Proclamation M-20-2012, dated May 10, 2012.
 
4. Gill nets with a mesh length larger than 6 ½ inches shall not be used.

III. ATTENDANCE EXEMPTIONS
 

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

1. Croatan Sound Area - In the area formed by a northern boundary 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 to the north point of Eagles Nest Bay at 35° 44.1710’N - 75° 31.0520’W.
 
2. Roanoke Sound Area – In the area formed by a northern boundary line running along the Highway 264/64 bridge. The southern boundary is the ASMA line which runs from Roanoke Marshes Point 35° 48.3693’N - 75° 43.7232’W, running southeasterly 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, 2012 through May 31, 2012, 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, 2012.
 
IV. DRIFT GILL NETS
 
Drift gill nets may not be used in the Joint Fishing Waters portion of the Roanoke, Middle, Eastmost, Cashie, Chowan and Meherrin rivers and all other joint water tributaries of the Albemarle Sound Management Area.
 
V. 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 and 03J .0103, 03Q .0107(c); 03M 0202 and 03M .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 03H .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. Marine Fisheries Rule 15A NCAC 03I .0113 specifies that it is unlawful for any licensee under Chapter 113, Subchapter IV of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensee’s possession. The Division of Marine Fisheries has implemented an observer program as an inspection procedure to obtain such data.
 
F. This proclamation supersedes Proclamation M-20-2012, dated May 10, 2012. The only change is the reference to the Proclamation in II.B.3.
 
May 16, 2012
8:20 A.M.
M-20-2012 (REVISED)

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