FAQ FAQ  Forum Search   Events   Register Register  Login Login

Sturgeon ITP closes portion of Management Unit A

 Post Reply Post Reply
Author
Rick View Drop Down
Pro
Pro


Joined: 16 July 2003
Location: United States
Status: Offline
Points: 5852
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Topic: Sturgeon ITP closes portion of Management Unit A
    Posted: 21 November 2018 at 1:08pm


M-13-2018

PROCLAMATION

RE: GILL NETS – ALBEMARLE SOUND AREA – MANAGEMENT UNIT A – CLOSING PORTIONS OF MANAGEMENT UNIT A TO LARGE MESH GILL NETS

This proclamation supersedes proclamation M-8-2018 dated August 29, 2018. It closes a portion of the lower Chowan River and western Albemarle Sound to all gill nets with stretched mesh lengths of 5 ½ through 6 ½ inches due to dead sturgeon takes nearing the authorized amount for Management Unit A, and maintains additional gill net restrictions in accordance with the Sea Turtle and Atlantic Sturgeon ITPs.

Stephen W. Murphey, Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., Saturday, November 24, 2018, the following provisions shall apply to the use of gill nets in the following areas:

I. MANAGEMENT UNIT A: AREA DESCRIPTIONS AND SPECIFIC AREA RESTRICTIONS
(See Map)

A. Management Unit A: encompasses all Internal Coastal Waters bound on the south by 35° 46.3000' N latitude to the North Carolina/Virginia state line. This includes Albemarle, Currituck, Croatan and Roanoke sounds and their tributaries.

B. Management Unit A, Subunit A1-South of US-64-BYP/US-64: area described as south of a line beginning at a point 35° 53.1720' N – 75° 45.6160' W on the mainland shore near Manns Harbor; running easterly along the south side of the Virginia Dare Memorial Bridge, continuing easterly along the south side of the Washington Baum Bridge to a point ending at 35° 54.3820' N – 75° 35.9240' W on the Outer Banks shore.

C. Management Unit A, Subunit A2-Western Albemarle Sound: area described as south and east of a line beginning at a point on the west shore at Willow Branch 36° 04.7206' N - 76° 43.7667' W; running northeasterly to a point on the east shore at the mouth of Rocky Hock Creek 36° 06.6406' N - 76° 41.4512' W, extending south and east to a line beginning at a point on the south shore of the Yeopim River 36° 04.1136' N - 76° 24.5365' W running northeasterly to a point on the north shore 36° 04.7426' N - 76° 24.2536' W, extending east to a line beginning at a point on the west shore of the Perquimans River 36° 05.9669' N - 76° 18.1791' W, running northeasterly to a point on the east shore 36° 06.7655' N - 76° 16.5953' W, extending east to a line beginning at a point on the south shore of the Little River 36° 06.4199' N - 76° 11.6047' W running due south to a point on the south side of the Albemarle Sound 35° 59.242' N -76° 11.610' W.

D. Black Walnut Point to Mackey’s Creek: It is unlawful to use ANY gill nets (including those described in Section IV.) in the area southwest of a line from Black Walnut Point 35° 59.3833' N - 76° 41.0060' W; running southeasterly 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.

II. GILL NET CONSTRUCTION AND USE REQUIREMENTS (see Section IV. for exempted gear)
A fishing operation regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified:

A. Management Unit A (as described in Section I. A., excluding the areas described in Sections I. B., I. C., and I. D.):
1. It is unlawful to use gill nets with a stretched mesh length less than 3 inches and greater than 3 ¾ inches (only gill nets with a stretched mesh length of 3 inches through 3 ¾ inches may be used).
2. It is unlawful to use unattended gill nets with a stretched mesh length of 3 inches through 3 ¾ inches.
3. It is unlawful to use gill nets with a stretched mesh length greater than 3 ¾ inches and less than 5 ½ inches.
4. It is unlawful to use gill nets with a mesh length greater than 6 ½ inches.
5. It is unlawful to use gill nets with a mesh length of 5 ½ inches through 6 ½ inches unless the nets are set so as to fish the bottom of the water column and not to exceed a vertical height of 48 inches. Vertical height is defined as the distance between the top and bottom lines of the net.
6. It is unlawful to fail to actively fish gill net sets at least once each day, between sunrise and 12:01 P.M.
B. Management Unit A, Subunit A1-South of US-64-BYP/US-64: It is unlawful to use gill nets, except as described in Section IV.

C. Management Unit A, Subunit A2-Western Albemarle Sound:
1. It is unlawful to use gill nets with a stretched mesh length less than 3 inches and greater than 3 ¾ inches (gill nets with a stretched mesh length of 3 inches through 3 ¾ inches may be used).
2. It is unlawful to use unattended gill nets with a stretched mesh length of 3 inches through 3 ¾ inches.
3. It is unlawful to fail to actively fish gill net sets at least once each day, between sunrise and 12:01 P.M.

III. GILL NET YARDAGE RESTRICTIONS
A fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net yardage restrictions specified:

A. It is unlawful to use more than 800 yards of gill net with a stretched mesh length of 3 inches through 4 inches in any combination per commercial fishing operation, including nets as described in Section IV.

B. It is unlawful to use more than 2,000 yards of gill net with a stretched mesh length of 5 ½ inches through 6 ½ inches.

IV. GEAR EXEMPTIONS AND RESTRICTIONS FOR RUN-AROUND, STRIKE, DROP, TRAMMEL, AND DRIFT GILL NETS:

A. Exempted gear definitions (including trammel gill nets):
1. Runaround, strike, drop, or trammel gill nets - gill nets that are set and then are immediately retrieved.
2. Drift gill nets - gill nets that are used to capture fish while being moved along by water currents and the net being actively fished and attended from deployment through retrieval.
B. It is unlawful to use drift gill nets 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 as defined in N.C. Marine Fisheries Commission Rule 15 NCAC 03R. 0201.

C. It is unlawful to use run-around, strike, drift, drop and trammel gill nets with a stretched mesh length less than 3 inches and greater than 4 inches.

D. It is unlawful to use or possess more than 800 yards of run-around, strike, drift, drop and trammel gill net per commercial fishing operation.

V. SEA TURTLE AND ATLANTIC STURGEON INTERACTION REPORTING
It is unlawful to fail to report any sea turtle or sturgeon captured in anchored gill nets. Reports shall be made within 24 hours of the capture to the Division of Marine Fisheries at 252-726-7021 or 800-682-2632. Self-reported takes of sea turtles and sturgeon by fishermen fishing without an observer do not count toward the allowable takes in the Incidental Take Permits.

VI. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-182; 113-221.1; and N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0103.

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

C. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License holders except the allowed yardage in Sections II. and III. The allowed yardage for Recreational Commercial Gear License holders is described in N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0302.

D. Proclamation M-3-2014, dated February 3, 2014 prohibits the setting of gill nets in the Joint Fishing Waters of the state from midnight on Friday to midnight on Sunday each week. Portions of Albemarle and Currituck sounds are exempt from that provision.

E. N.C. Marine Fisheries Commission 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 Estuarine Gill Net Permit and an observer program as an inspection procedure to obtain such data.

F. The Division of Marine Fisheries has received Federal Incidental Take Permits (ITP) for certain threatened or endangered sea turtles, and endangered Atlantic sturgeon. These ITPs allow the legal continuation of the inshore gill net fisheries in North Carolina, subject to permit conditions. The ITP conditions are designed to avoid, minimize and mitigate interactions with these species. Permit conditions require the division to provide 7-10 percent observer coverage in the large mesh anchored gill net fishery and 1-2 percent observer coverage in the small mesh anchored gill net fishery in internal coastal waters. If the required coverage is not maintained, large and small mesh anchored gill nets could be prohibited in all Internal Coastal Waters.

G. The intent of this proclamation is to manage allowable gill nets in Management Unit A, while minimizing interactions with threatened and/or endangered species.

H. Proclamation M-24-2014 dated July 31, 2014 requires holders of a Standard Commercial Fishing License (SCFL), Retired Standard Commercial Fishing License (RSCFL), or Recreational Commercial Gear License (RCGL) who deploy gill nets in Internal Coastal Waters with an exception for run around, strike, drop or drift gill nets, to possess a valid Estuarine Gill Net Permit issued by the Division of Marine Fisheries.

I. Proclamation M-1-2014, dated January 16, 2014 prohibits the use of gill nets with a stretched mesh length greater than 6 ½ inches.

J. In accordance with FF-3-2016 it is unlawful to possess flounder in Internal Coastal Waters taken from anchored large mesh gill nets with a stretched mesh length less than 6 inches. In accordance with FF-4-2017 it is unlawful for Recreational Commercial Gear License holders to possess flounder in anchored large mesh gill nets with a stretched mesh length less than 6 inches. These regulations are implemented in accordance with Supplement A to Amendment 1 of the N.C. Southern Flounder Fishery Management Plan. See listed proclamations for full details.

K. 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.

L. 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.

M. This proclamation supersedes proclamation M-8-2018 dated August 29, 2018. It closes a portion of the lower Chowan River and western Albemarle Sound to all gill nets with stretched mesh lengths of 5 ½ through 6 ½ inches due to dead sturgeon takes nearing the authorized amount for Management Unit A, and maintains additional gill net restrictions in accordance with the Sea Turtle and Atlantic Sturgeon ITPs.

Stephen W. Murphey, Director
DIVISION OF MARINE FISHERIES, DEQ

November 21, 2018
10:42 A.M.
M-13-2018




Edited by Rick - 29 November 2018 at 7:30pm
fiogf49gjkf0d
NC Fisheries Management- Motto: Too Little, Too Late, Too Bad   Slogan: Shrimp On! Mission Statement: Enable Commercial Fishing At Any and All Cost, Regardless of Impact to the Resource.
Back to Top
Rick View Drop Down
Pro
Pro


Joined: 16 July 2003
Location: United States
Status: Offline
Points: 5852
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 29 November 2018 at 6:20pm

I wonder if the Director did enough?  What happens if he didn't and the Terms of the ITP are violated by exceeding the allowed number of takes?

Sturgeon- the resource's friend when no one has the intestinal fortitude to manage.


M.   This proclamation supersedes proclamation M-13-2018 dated November 21, 2018. In Management Unit A, it closes the Albemarle Sound proper to the use of gill nets with a stretched mesh length of 5 ½ inches through 6 ½ inches, limits large mesh gill net length to 1,000 yards in open areas, and maintains nets must be set to fish the bottom of the water column and not to exceed a vertical height of 48 inches.  Anchored small mesh gill nets (gill nets with a stretched mesh of 3 ¾ inches and smaller) may be unattended but must be set to fish the bottom of the water column and not to exceed a vertical height of 48 inches. This action is being taken due to low observer coverage and approaching the take limit of dead Atlantic sturgeon.


fiogf49gjkf0d
NC Fisheries Management- Motto: Too Little, Too Late, Too Bad   Slogan: Shrimp On! Mission Statement: Enable Commercial Fishing At Any and All Cost, Regardless of Impact to the Resource.
Back to Top
ONEARMEDBANDIT View Drop Down
Pro
Pro
Avatar

Joined: 15 July 2003
Location: North Carolina
Status: Offline
Points: 1486
Post Options Post Options   Thanks (0) Thanks(0)   Quote ONEARMEDBANDIT Quote  Post ReplyReply Direct Link To This Post Posted: 29 November 2018 at 11:28pm
i'll leave this Article here.. (James River).. http://www.nbc12.com/2018/11/12/vcu-researchers-find-baby-sturgeon-james-river/

Matt Balazik has been looking for sturgeon in the James for eight years. While he and his team has found adults, they hadn’t found any babies.

That’s until this year!

They’ve found 148 (as of Nov. 12) so far, and the number keeps growing. It’s a thrilling time for the scientists at VCU’s Rice River Center.


Back to Top
BrackishWater View Drop Down
Pro
Pro


Joined: 18 December 2014
Location: Pamlico River
Status: Offline
Points: 486
Post Options Post Options   Thanks (0) Thanks(0)   Quote BrackishWater Quote  Post ReplyReply Direct Link To This Post Posted: 30 November 2018 at 10:52am
When will "low observer coverage" be enough for the MFC to insist on pulling out of the ITP?
A rising tide lifts all boats...
Back to Top
Rick View Drop Down
Pro
Pro


Joined: 16 July 2003
Location: United States
Status: Offline
Points: 5852
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 30 November 2018 at 11:07am
Originally posted by BrackishWater BrackishWater wrote:

When will "low observer coverage" be enough for the MFC to insist on pulling out of the ITP?
 

Exactly!

The above is almost comical.  It's like an over indulgent parent telling the spoiled children that there's not going to be much Christmas this year because they've misbehaved.  When the truth is there's no money left for Christmas this year because the credit cards are maxed out and there is no cash.

How much longer is Director Murphey going to coddle noncompliant commercial fishermen in Management Unit A, or in all Management Units?

Four years later and the Division is still not enforcing the Terms of the ITP except with idle threats or the Division enacts measures that affect everyone versus just the bad apples.


M-24-2014

PROCLAMATION

RE: PERMIT REQUIREMENT- GILL NETS INTERNAL COASTAL WATERS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces effective at 12:01 A.M., Monday, September 1, 2014, individuals taking marine and estuarine resources with gill nets in Internal Coastal Waters are required to obtain the following special permit:

I. ESTUARINE GILL NET PERMIT (EGNP)

A. It is unlawful for holders of a Standard Commercial Fishing License (SCFL), Retired Standard Commercial Fishing License (RSCFL), or Recreational Commercial Gear License (RCGL)to deploy gill nets in Internal Coastal Waters with an exception for run around, strike, drop or drift gill nets, without possessing a valid Estuarine Gill Net Permit issued by the Division of Marine Fisheries.

B. Exempted gill net definitions:
1. Runaround, strike, or drop gill nets, nets that are set and then are immediately retrieved.
2. Drift gill nets, nets that are used to capture fish while being moved along by water currents and the net being actively fished and attended from deployment through retrieval.
II. GENERAL INFORMATION
A. This proclamation is issued under the authority of N.C.G.S. 113-134; 113- 170.4; 113-170.5; 113-182; 113-221.1;143B-289.52 and N.C. Marine Fisheries Rule 15A NCAC 03O .0506.

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

C. The restrictions in this proclamation apply to gill nets used by Recreational Commercial Gear License holders as well as Standard and Retired Commercial Fishing Licenses holders.

D. N.C. Marine Fisheries Commission 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.

E. N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0502 specifies it is unlawful to operate under a permit except in areas, at times, and under conditions specified on the permit. The Estuarine Gill Net Permit Condition Form is given to the permit holder when the EGNP is issued.

F. Permits are non-transferable. An individual who is assigned a SCFL shall hold an EGNP in their own name. The master designated on a single vessel corporation SCFL is the individual eligible to receive the EGNP.

G. The Division of Marine Fisheries has received Federal Incidental Take (ITP) permits for certain threatened or endangered sea turtles, and endangered Atlantic sturgeon. These ITPs allow legal continuation of the inshore gill net fisheries in North Carolina, subject to permit conditions. The ITP conditions are designed to avoid, minimize and mitigate interactions with these species. The intent of this proclamation is to spell out the roles and responsibilities of the fishermen in achieving state compliance with the Federal Incidental Take Permits.

H. Estuarine Gill Net Permits are available at no cost from all Division of Marine Fisheries License Offices.

I. 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 http://portal.ncdenr.org/web/mf/.
July 31, 2014
9:30 A.M.
M-24-2014

Eight years later and the Division is still "talking" about it- 


Netters face new, tighter restrictions in Currituck, Albemarle sounds

Large-mesh gill nets now restricted to after-dark fishing only

JERRY DILSAVER   July 26, 2014 at 7:41am 

Commercial fishermen in the Albemarle and Currituck sounds who fish large-mesh gill nets have had regulations tightened because of problems the N.C. Division of Marine Fisheries has had complying with federal regulations regarding protection of sea turtles.

As of Friday, July 25, affected fishermen will be subject to the same regulations as fishermen in other parts of the state, including a reduced amount of time the nets can be fished, as the N.C. Division of Marine Fisheries attempts to come into compliance with the Sea Turtle Incidental Take Permit (TIP).

The changes were forced by the National Marine Fisheries Service, which notified the NCDMF that it had not provided the minimum of 7-percent observer coverage on gill-net trips during the spring fishing season. The NMFS warned that failure to comply could result in enforcement actions that might go as far as closing all North Carolina water to large-mesh gill nets.

An NCDMF press release said that the lack of designated fishing times, insufficient staff resources, funding issues, weather conditions and stiff resistance from fishermen have made it difficult for agency staff to observe the number of fishing trips necessary to satisfy the conditions of the Sea Turtle Incidental Take Permit.

Dr. Louis Daniel, the agency’s director, said much of the problem stems from commercial fishermen not wanting to allow observers to accompany them when they check their gill nets.

“Unfortunately,” Daniel said, “observers have noticed fishermen purposely avoiding fishing their nets when division staff is around and, in some cases, fishermen have pointedly refused to take observers on board.”

The new regulations, which mirror those already in effect for most of the rest of the state and will go into effect in Croatan and Albemarle sounds when the large-mesh gill-net season opens are two-fold. First, fishermen will be required to fish their large-mesh gill nets in the first hour after sunrise each day, and they are not allowed to be fished until one hour before sunset each day. Second, the nets must also be tied down so they do not extend more than 48 inches above the bottom. 

“The National Marine Fisheries Service (NMFS) wanted to close these areas,” said Jacob Boyd of the NCDMF. “We met with them and convinced them to let us change the regulations in these areas to what was working in other parts of the state. This was our second chance. If we don’t meet the observer requirements for the summer fishing season, they may pull the ITP and close the whole state. The requirement for the ITP is a minimum of 7-percent observer coverage by trip, with a goal of 10- percent observer coverage. 

“These sounds had previously been exceptions from (some of the) requirements of the ITP that are in place for most of the rest of the state,” Boyd said. “Fishermen were only required to check their nets by noon, and several times they were seen waiting until the observers left the area. Those trips couldn’t be counted as observed, and we couldn’t meet the number required to comply with the ITP. These changes will make things more efficient and allow us to conserve limited funding.

“Some of the large-mesh gill-net fishermen are seeing these regulation changes as punitive, but they aren’t,” Boyd said. “There are new regulations in place with the Sea Turtle ITP and with the sturgeon ITP. We are working diligently to keep the waters open for gill-net fishermen. However, they will have to work within these regulations or NMFS will pull the ITP and there is nothing we can do.” 




Edited by Rick - 30 November 2018 at 11:42am
fiogf49gjkf0d
NC Fisheries Management- Motto: Too Little, Too Late, Too Bad   Slogan: Shrimp On! Mission Statement: Enable Commercial Fishing At Any and All Cost, Regardless of Impact to the Resource.
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 10.11
Copyright ©2001-2012 Web Wiz Ltd.

This page was generated in 0.140 seconds.