FISCAL IMPACTS OF PROPOSED AMENDMENTS TO RULES 15A NCAC 03J.0209, 03R and 03R.0201

Transcription

1 FISCAL IMPACTS OF PROPOSED AMENDMENTS TO RULES 15A NCAC 03J.0209, 03R and 03R.0201 ALBEMARLE SOUND MANAGEMENT AREA SOUTHERN BOUNDARY COORDINATE CHANGE Marine Fisheries Commission (MFC) Agency Contact: Impact Summary: Catherine Blum, Fishery Management Plan and Rulemaking Coordinator N.C. Division of Marine Fisheries 3441 Arendell Street Morehead City, NC (252) De minimus Rule State Government: No Local Government: No Private Industry: No Substantial Impact: No Authority: G.S (Rules); G.S (Regulation of Fishing and Fisheries); G.S. 143B (Marine Fisheries Commission-Powers and Duties) Necessity: In accordance with the N.C. Estuarine Striped Bass Fishery Management Plan (FMP), the proposed amendments will re-establish a coordinate point on land that has eroded for Roanoke Marshes Point, the western point of the southern boundary of the Albemarle Sound Management Area (ASMA). The orientation of the boundary line remains unchanged. Establishing a new point is necessary to complete the management area line and facilitate fishing operations and enforcement. These rule changes are consistent with the principles of Executive Order 70. Summary: The purpose of these rule changes (see Proposed Rule Changes section below) is to help the general public and N.C. marine patrol officers more easily distinguish the southern boundary of the ASMA. The N.C. Marine Patrol has indicated that the coordinate point on the western shore of the ASMA boundary is no longer located above normal water level as a result of erosion. Thus, the selection of a point on land is needed for compliance with the N.C. Estuarine Striped Bass FMP and for enforceability. The orientation of the line remains unchanged. The proposed effective date of these rule changes is May 1, Purpose of Rules: The purpose of these rule changes is to help the general public and N.C. marine patrol officers more easily distinguish the southern boundary of the ASMA. This proposal will alter three rules that reference the proposed coordinate point change of the southern boundary of the ASMA: 15A NCAC 03J.0209 Albemarle Sound/Chowan River Herring Management Areas, 15A NCAC 03R.0112 Attended Gill Net Areas and 15A NCAC 03R.0201 Striped Bass Management Areas. Each of these rules references the same western point of the southern boundary line of the ASMA and should be amended simultaneously (see Map 1 below). Through the 1

2 development of the amendment to the N.C. Estuarine Striped Bass FMP marine patrol officers indicated the coordinate point on the western shore of the ASMA boundary was no longer located above normal water level as a result of erosion. The selection of a point on land is needed for compliance with the FMP and for enforceability. The point location needs to be located far enough inland so that shoreline erosion will not be a problem for years to come. Extending the line to a point on land clearly defines the boundaries between the management areas of the ASMA and Central Southern Management Area (CSMA). This eliminates uncertainty with determining in which management area a fishermen and/or their gear is located. Basic Economic Impact: Any impacts from the proposed rule amendments will likely be negligible due to the relatively small area affected. The purpose of the rule changes is to help the general public and N.C. marine patrol officers more easily distinguish the southern boundary of the ASMA. Should these rules not be adopted the existing boundary line would remain in place, which does not induce any notable costs on the public or law enforcement. Benefits: While there are no quantifiable economic benefits to the proposed rule change, both the public and law enforcement will benefit by being able to better distinguish the boundary lines of the ASMA due to presence of easily identified landmarks. Costs: There are no costs associated with the proposed rule changes. Substantial Impact Declaration: The proposed rule amendments do not have a substantial economic impact. 2

3 Proposed Rule Changes: 15A NCAC 03J.0209 ALBEMARLE SOUND/CHOWAN RIVER HERRING MANAGEMENT AREAS (a) The Albemarle Sound Herring Management Area is defined as Albemarle Sound and all its joint water tributaries; Currituck Sound; Roanoke and Croatan sounds and all their joint water tributaries, including Oregon Inlet, north of a line beginning on the west shore at a point ' N ' W N W on Roanoke Marshes Point; running southeasterly to the east shore to a point ' N ' W on the north point of Eagles Nest Bay. (b) The Chowan River Herring Management Area is defined as that area northwest of a line beginning on the west shore at a point ' N ' W on Black Walnut Point; running northeasterly to the east shore to a point ' N ' W on Reedy Point, to the North Carolina/Virginia state line; including the Meherrin River. (c) Effective January 1, 2001, it is unlawful to use drift gill nets in the Albemarle Sound and Chowan River river herring management areas with a mesh length less than three inches from January 1 through May 15. Authority G.S ; ; 143B

4 15A NCAC 03R.0112 ATTENDED GILL NET AREAS (a) The attended gill net areas referenced in 15A NCAC 03J.0103(g) are delineated in the following areas: (1) Pamlico River, west of a line beginning at a point ' N ' W on Ragged Point; running southwesterly to a point ' N ' W on Mauls Point; (2) Within 200 yards of any shoreline in Pamlico River and its tributaries east of a line beginning at a point ' N ' W on Ragged Point; running southwesterly to a point ' N ' W on Mauls Point; and west of a line beginning at a point ' N ' W on Roos Point; running southerly to a point at ' N ' W on Pamlico Point; (3) Pungo River, east of the northern portion of the Pantego Creek breakwater and a line beginning at a point ' N ' W on the northern side of the breakwater near Tooleys Point; running southeasterly to a point ' N ' W on Durants Point; (4) Within 200 yards of any shoreline in Pungo River and its tributaries west of the northern portion of the Pantego Creek breakwater and a line beginning at a point ' N ' W on the northern side of the breakwater near Tooleys Point; running southeasterly to a point ' N ' W on Durants Point; and west of a line beginning at a point ' N ' W on Roos Point; running southerly to a point at ' N ' W on Pamlico Point; (5) Neuse River and its tributaries northwest of the Highway 17 highrise bridge; (6) Trent River and its tributaries; and (7) Within 200 yards of any shoreline in Neuse River and its tributaries east of the Highway 17 highrise bridge and south and west of a line beginning on Maw Point at a point ' N ' W; running southeasterly near the Maw Point Shoal Marker "2" to a point ' N ' W; running southeasterly near the Neuse River Entrance Marker "NR" to a point ' N ' W; running southerly to a point ' N ' W near Point of Marsh in Neuse River. In Core and Clubfoot creeks, the Highway 101 Bridge constitutes the attendance boundary. (b) The attended gill net areas referenced in 15A NCAC 03J.0103(h) are delineated in the following coastal and joint fishing waters of the state south of a line beginning on Roanoke Marshes Point at a point ' N ' W; N W; running southeasterly to a point ' N ' W on Eagles Nest Bay to the South Carolina State line: (1) All primary nursery areas described in 15A NCAC 03R.0103, all permanent secondary nursery areas described in 15A NCAC 03R.0104, and no-trawl areas described in 15A NCAC 03R.0106(2), (4), (5), (7), (8), (10), (11), and (12); (2) In the area along the Outer Banks, beginning at a point ' N ' W on Eagles Nest Bay; running northwesterly to a point ' N ' W west of Pea Island; running southerly to a point ' N ' W west of Beach Slough; running 4

5 southeasterly and passing near Beacon "2" in Chicamicomico Channel to a point ' N ' W west of the Rodanthe Pier; running southwesterly to a point ' N ' W on Gull Island; running southerly to a point ' N ' W near Beacon "2" in Avon Channel ; running southwesterly to a point ' N ' W near Beacon "2" in Cape Channel; running southwesterly to a point ' N ' W near Beacon "36" in Rollinson Channel; running southeasterly to a point ' N ' W near Beacon "35" in Rollinson Channel; running southwesterly to a point ' N ' W near a "Danger" Beacon northwest of Austin Reef; running southwesterly to a point ' N ' W on Legged Lump; running southeasterly to a point ' N ' W south of Legged Lump; running southwesterly to a point ' N ' W near the west end of Clarks Reef; running westerly to a point ' N ' W near Nine Foot Shoal Channel; running southerly to a point ' N ' W near North Rock; running southwesterly to a point ' N ' W near Beacon "HL"; running southerly to a point ' N ' W; running southerly to a point ' N ' W on Wainwright Island; running easterly to a point ' N ' W on Core Banks; running northerly along the shoreline and across the inlets following the Colregs Demarcation line to the point of beginning; (3) In Core and Back sounds, beginning at a point ' N ' W on Core Banks; running northwesterly to a point ' N ' W on Wainwright Island; running southerly to a point ' N ' W; running southeasterly to a point ' N ' W; running southwesterly to a point ' N ' W; running westerly to a point ' N ' W; running southwesterly to a point ' N ' W; running northwesterly to a point ' N ' W; running southerly to a point ' N ' W; running southwesterly to a point ' N ' W; running southwesterly to a point ' N ' W; running southwesterly to a point ' N ' W; running southwesterly to a point ' N ' W; running southwesterly to a point ' N ' W near Beacon "37A"; running southwesterly to a point ' N ' W; running westerly to a point ' N ' W near Beacon "35" in Back Sound; running westerly to a point ' N ' W near Buoy "3"; running southwesterly to a point ' N ' W on Shackleford Banks; running easterly and northeasterly along the shoreline and across the inlets following the COLREGS Demarcation lines to the point of beginning; (4) Within 200 yards of any shoreline in the area upstream of the ' W longitude line beginning at a point ' N ' W near Roos Point in Pamlico River; running southeasterly to a point ' N ' W near Point of Marsh in Neuse River; and 5

6 (5) Within 50 yards of any shoreline east of the ' W longitude line beginning at a point ' N ' W near Roos Point in Pamlico River; running southeasterly to a point ' N ' W near Point of Marsh in Neuse River, except from October 1 through November 30, south and east of Highway 12 in Carteret County and south of a line from a point ' N ' W on Camp Point; running easterly to a point at ' N ' W on Core Banks; to the South Carolina State Line. Authority G.S ; ; ; ; 143B

7 15A NCAC 03R.0201 STRIPED BASS MANAGEMENT AREAS (a) The Albemarle Sound Management Area is designated as Albemarle Sound and all its joint and inland water tributaries, (except for the Roanoke, Middle, Eastmost and Cashie rivers), Currituck, Roanoke and Croatan sounds and all their joint and inland water tributaries, including Oregon Inlet, north of a line beginning at a point N W N W on Roanoke Marshes Point, running southeasterly to a point N W on the north point of Eagle Nest Bay. (b) The Roanoke River Management Area is designated as Roanoke River and its joint and inland tributaries, including Middle, Eastmost and Cashie rivers, up to the Roanoke Rapids dam. (c) The Central/Southern Management Area is designated as all internal coastal, and joint and contiguous inland waters south of a line beginning at a point N W N W on Roanoke Marshes Point, running southeasterly to a point N W on the north point of Eagle Nest Bay, to the South Carolina line. Authority G.S ; ; ; 143B

8 8