SH-7-2017

PROCLAMATION

RE: CRAB TRAWLING AND TAKING SHRIMP WITH NETS — OPENING CORE SOUND BAYS, WEST BAY, AND TURNAGAIN BAY

This proclamation supersedes proclamation SH-5-2017, dated August 15, 2017. This proclamation opens the special secondary nursery areas of Core Sound, West Bay in Pamlico Sound, and Turnagain Bay in the Neuse River, and specifically describes areas open to the taking of blue crabs by trawls and shrimp with nets in the central and northern coastal region from Marker 45 near Bogue Inlet to the North Carolina-Virginia border.

Braxton C. Davis, Director, Division of Marine Fisheries, hereby announces that effective at 5:00 P.M., Sunday, September 24, 2017, all Coastal Fishing Waters in the central and northern regions north of Marker 45 near Bogue Inlet to the North Carolina-Virginia border shall close to crab trawling and the taking of shrimp with nets except as specified below.

I. MEANS AND METHODS

A. It is unlawful to take crabs with trawls except in areas specified in Section II.

B. It is unlawful to take shrimp with nets except:
1. Shrimp and crab trawls, seines and cast nets in areas specified in Section II;
2. Cast nets in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0105;
3. Pound nets permitted in accordance with N.C. Marine Fisheries Commission Rule 03J .0502;
4. Pound nets authorized for use in accordance with N.C. Marine Fisheries Commission Rule 03O .0302;
5. Channel nets in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0106;
6. Fyke nets in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0111.
See Section III General Information I., J., L., M., and N. below for further restrictions on taking shrimp with nets.
II. AREAS – All primary, permanent secondary and special secondary nursery areas and trawl nets prohibited areas in the waterbodies listed below are closed to the taking of shrimp with seines and cast nets except as noted in Section III. J. below and, for special secondary nursery areas, until the areas are opened to trawling in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03N .0105.

A. ATLANTIC OCEAN – west of a line at the hook of Cape Lookout as described in N.C. Marine Fisheries Commission Rule15A NCAC 03R .0106 (6). (Map 11)

B. ROANOKE SOUND/CROATAN SOUND AREA:
1. Shallowbag Bay – east of the permanent secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0104 (1). (Map 1)
2. Broad Creek – south of the primary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0103 (1)(b). (Map 1)
3. Kitty Hawk Bay – north of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (1)(b). (Map 1)
4. Buzzard Bay – south of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (1)(b). (Map 1)

C. PAMLICO SOUND AREA:
1. Eastern Pamlico Sound – northerly and westerly of the trawl nets prohibited area described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0106 for the Pamlico Sound area. (Maps 1, 5, 7, 8 and 9)
2. Western Pamlico Sound – westerly and southerly of the primary and permanent secondary nursery areas and trawl nets prohibited areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104, and .0106 for the Pamlico Sound area.
(Maps 1, 2, 3 and 4)
3. West Bay area – West Thorofare Bay – south of a line beginning at a point 35° 02.0500’ N – 76° 26.1000’ W on the west shore; running east through Markers “J”, “A”, and “5” to a point 35° 02.1000’ N – 76° 21.8666 W. on the east shore. (Map 7)
4. Long Bay – Ditch Bay – west of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (3) (b). (Map 6 and Map 7)
5. West Thorofare Bay – south of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (3) (a). (Map 7)
6. Turnagain Bay – south of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (3) (c). (Map 6 and Map 7)
D. PUNGO RIVER AREA – south of the shrimp trawl prohibited area line described in N. C. Marine Fisheries Commission Rule 15A NCAC 03R .0114 (1) for shrimp trawls only and outside of the primary, permanent secondary and special secondary nursery areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104, and .0105 for Pamlico and Pungo rivers area. (Map 2)

E. PAMLICO RIVER AREA – east of the shrimp trawl prohibited area line described in N. C. Marine Fisheries Commission Rule 15A NCAC 03R .0114 (2) for shrimp trawls only, outside of the primary, permanent secondary and special secondary nursery areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104, and .0105 in the Pamlico and Pungo rivers area and as described below. (Map 2)
1. Goose Creek – north of the trawl nets prohibited line described in N. C. Marine Fisheries Commission Rule 15A NCAC 03R .0106 (3). (Map 2)
F. BAY RIVER AREA– outside of the primary and permanent secondary nursery areas and trawl nets prohibited areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104, and .0106 for the Bay River area. (Map 6)

G. NEUSE RIVER AREA – east of the shrimp trawl prohibited area line described in N. C. Marine Fisheries Commission Rule 15A NCAC 03R .0114 (3) for shrimp trawls only, outside of the primary, permanent secondary, and special secondary nursery areas and trawl nets prohibited areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104, .0105 and .0106 for the Neuse River area and as described below in South River. (Map 6)
1. Big Creek – northeast of a line beginning at a point 34° 57.3600’ N – 76° 34.9510’ W; running southerly to a point 34° 56.9590’ N – 76° 34.7800’ W. (Map 6)
2. Southwest Creek – east of a line beginning at a point 34° 55.2340’ N – 76° 32.9500’ W; running southerly to a point 34° 55.0330’ N – 76°32.8750’ W. (Map 6)
3. Eastman Creek – west of a line beginning at a point 34° 56.1230’ N – 76° 32.4350’ W; running southerly to a point 34° 55.9240’ N – 76 32.4230’ W. (Map 6)

H. CORE SOUND, BACK SOUND AND THE STRAITS – outside of the primary and special secondary nursery areas and trawl nets prohibited areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0105, and .0106 for these areas and as described below. (Maps 6, 7 and 11)
1. Cedar Island Bay – northwest of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (4) (a). (Map 7)
2. Rumley Bay – southeast of a line beginning at a point 34° 55.7696’ N – 76° 17.7016’ W; running northeasterly to a point 34° 56.2526’ N – 76° 17.1788’ W. (Map 7)
3. East Thorofare Bay-Barry Bay – northwest of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (4) (b). (Map 7)
4. Nelson Bay – northwest of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (4) (c). (Map 7)
5. Brett Bay – north of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (4) (d). (Map 7)
6. Oyster Creek – southeast from Highway 70 Bridge. (Map 7 and Map 11)
7. Jarrett Bay – north of the special secondary nursery area line described in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0105 (4) (e). (Map 11)
I. BEAUFORT INLET AREA – outside of the primary, permanent secondary and special secondary nursery areas described in N.C. Marine Fisheries Commission Rules 15A NCAC 03R .0103, .0104,.0105 for the North and Newport river areas and .0106 for the Newport River and as described below. (Map 11)
1. Wading Creek – west of a line beginning at a point 34° 45.0110’ N – 76° 39.4690’ W; running southerly to a point 34° 44.8850’ W – 76° 39.4690’ W. (Map 11)
2. Gable Creek – northwest of a line beginning at a point 34° 44.2840’ N – 76° 39.9180’ W; running northeasterly to a point 34° 44.5672’ N – 76° 39.6105’ W. (Map 11)
J. BOGUE SOUND AREA:
1. outside the area bounded by a line beginning at a point 34° 43.5095’ N – 76° 46.8000’ W on the west shore of the mouth of Peletier Creek; running south to a point 34° 43.3551’ N – 76° 46.8106’ W near Marker “2” on the Peletier Creek entrance channel; running westerly along the north side of the Intracoastal Waterway marked channel to a point 34° 40.8097’ N – 77° 01.7910’ W near Marker ”40”; running northwesterly to a point 34° 40.9250’ N – 77° 01.8850’ W near Guthrie Point; running northerly along the shoreline back to the point of beginning including all tributaries. (Map10)
2. outside the area bounded by a line beginning at Intracoastal Waterway Marker ”31”; running southerly to a point 34° 40.9000’ N – 76° 58.6666’ W on Long Island; running southwesterly to a point 34° 40.5408’ N – 77° 00.3804’ W on Long Marsh; running northwesterly to a point 34° 41.1666’ N – 77° 00.7000’ W on the spoil island near Beacon ”37”; running northeasterly along the south side of the spoil islands to the point of beginning. (Map10)
3. Hunting Island area – south of a line beginning at a point 34° 40.8720’ N – 77° 03.2970’ W on Ennett Point; running northeasterly to a point 34° 41.0500’ N – 77° 0.29300’ W; and southwest of a line beginning at a point 34° 41.2100’ N – 77° 02.6450’ W; running southwesterly to a point 34° 41.0250’ N – 77° 02.2950’ W. (Map10)
4. Archer Creek – east of a line beginning at a point 34° 40.4721’ N – 77° 00.7577’ W; running southerly to a point 34° 40.3521’ N – 77° 00.8008’ W. (Map10)
5. Pine Knoll Shores Canals – north of a line beginning at a point 34° 42.2020’ N – 76° 48.9740’ W; running easterly to a point 34° 42.1980’ N – 76° 48.9370’ W; and south of a line beginning at a point 34° 42.2070’ N – 76 48.1800’ W; running easterly to a point 34° 42.2070’ N – 76° 48.1320’ W. (Map10)
6. Coral Bay – north of a line beginning at a point 34° 42.1620’ N – 76° 46.1830’ W; running easterly to a point 34° 42.1730’ N – 76° 45.8940’ W. (Map10)
7. Hoop Pole Creek – north of a line beginning at a point 34° 42.4900’ N – 76° 45.2570’ W; running north easterly to a point 34° 42.5380’ N – 76° 45.1080’ W. (Map10)
8. Tar Landing Bay – west of a line beginning at a point 34° 42.1560’ N – 76 42.1790’ W; running southerly to a point 34° 42.0120’ N – 76° 42.2690’ W. (Map 11)

III. GENERAL INFORMATION:

A. This proclamation is issued under the authority of N.C.G.S. 113-182; 113-170.4; 113-170.5; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103; 03L .0101 and .0202.

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

C. Shellfish Management Areas that have been designated by proclamation are closed to the use of trawl nets, long haul seines, and swipe nets.

D. Albemarle Sound is closed to the use of trawl nets as described in N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104(b)(3). The line separating Croatan and Roanoke sounds from Albemarle Sound is described as a line beginning on Long Point at 36° 02.4910’N – 75° 44.2140’W; running southerly to a point on Roanoke Island 35° 56.3302’N – 75° 43.1409’W; running northwesterly to Caroon Point 35° 57.2255’N – 75° 48.3324’W.

E. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0211 it is unlawful to use any bottom disturbing fishing gear on any shellfish lease or franchise unless it has been duly authorized by the Fisheries Director. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0204(f), the Division has no duty to protect any shellfish bottom lease, franchise, or water column lease not marked according to N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0204(a).

F. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104(b)(6) trawls are prohibited in designated pot areas opened to the use of pots by Rule 15A NCAC 03J .0301(a)(2) and bound by the shoreline to the depth of six feet as described in Rule 15A NCAC 03R .0107(a)(5), (a)(6), (a)(7), (a)(8), and (a)(9).

G. Hatched areas on the attached maps indicate those areas closed to shrimp and crab trawling, seines and cast nets except as specified in III. F. and III. J.

H. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0121 the Division of Marine Fisheries will mark the areas to be opened with signs insofar as may be practical. No unauthorized removal or relocation of any such sign shall have the effect of changing the area opened, nor shall any such unauthorized removal or relocation or the absence of any sign affect the applicability of this proclamation. Where there is conflict between signs and boundary descriptions, boundary descriptions shall prevail.

I. Proclamation SH-2-2015 dated May 12, 2015, describes required Bycatch Reduction Devices (BRDs) to be used in shrimp trawls (http://portal.ncdenr.org/web/mf/proclamation-sh-02-2015). Proclamation FF-55-2012 dated November 9, 2012 limits the amount of weakfish bycatch that can be taken with shrimp or crab trawls to 50% of equal weight of combined catch, but no more than 100 pounds.

J. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0105 it is unlawful to take or possess shrimp from areas closed to the taking of shrimp except four quarts of shrimp (heads on) or two and one half quarts (heads off) per person per day may be taken while fishing in a closed area with a cast net.

K. In accordance with N.C. Marine Fisheries Commission Rule 15A 03L .0205 (a) it is unlawful to use trawls in Crab Spawning Sanctuaries described in N.C. Marine Fisheries Commission Rule 15A 03R .0110 from March 1 through August 31.

L. N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0103 (c) describes the areas in which it is unlawful to use trawls with a combined headrope length greater than 90 feet (mouths of the Neuse and Pamlico rivers and all of Bay River).

M. N.C. Marine Fisheries Commission Rule 03L .0103 (d) describes areas in which it is unlawful to use trawls with a combined headrope length greater than 220 feet (lower mouth areas of the Neuse and Pamlico rivers and Pamlico Sound).

N. N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0114 describes the areas in Pamlico, Pungo and Neuse rivers above which shrimp trawls are prohibited. Crab trawling, however, is still permitted in those areas.

O. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0104 (f) it is unlawful to use shrimp trawls for the taking of blue crabs in internal waters, except that it shall be permissible to take or possess blue crab incidental to commercial shrimp trawling provided the total weight of blue crabs shall not exceed 50 percent of the total weight of the combined blue crab and shrimp catch; or 300 pounds, whichever is greater.

P. Taking shrimp with pots is not governed by this proclamation. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0301 shrimp pots may be used to take shrimp.

Q. N.C. Marine Fisheries Commission Rules 15A NCAC 03J .0104 and 03L .0102 and .0103 place further restrictions on areas, gear, seasons and time for the taking of shrimp with nets.

R. 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.

S. 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.

T. The intent of this proclamation is to close waters from Marker 45 near Bogue Inlet to the North Carolina-Virginia border to crab trawling and the taking of shrimp with nets except those areas described in this proclamation.

U. This proclamation supersedes proclamation SH-5-2017, dated August 17, 2017. This proclamation opens the special secondary nursery areas of Core Sound, West Bay in Pamlico Sound, and Turnagain Bay in the Neuse River and specifically describes areas open to the taking of blue crabs by trawls and shrimp with nets in the central and northern coastal region from Marker 45 near Bogue Inlet to the North Carolina-Virginia border.

September 22, 2017
3:39 P.M.
SH-7-2016

 
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