PA-10-2009

PROCLAMATION

RE: SHELLFISH POLLUTED AREA

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, upon the recommendation of Jeffrey P. Engel, M.D., State Health Director, Department of Health and Human Services, hereby announces that the following shellfish area temporary closures will take effect immediately:
No person shall take or attempt to take any oysters, clams or mussels or possess, sell or offer for sale any oysters, clams or mussels taken from the following polluted areas:

CARTERET COUNTY

Newport River – All those waters in Newport River upstream of the Highway 70 High Rise Bridge and Morehead-Beaufort Causeway, to include all tributaries and Core Creek.

Whitehurst Creek - All those waters in Whitehurst Creek upstream of a straight line across the mouth.

Sleepy Creek - All those waters in Sleepy Creek upstream of a straight line across the mouth.

Jarrett Bay – All those waters upstream of a line beginning at a point on the east shore of Spit Bay; thence in a straight line to the southern end of Davis Island; thence in a straight line thru Flashing Beacon #36; thence in a straight line to the southeast end of Bells Island; thence in a straight line to a point on the Marshallberg shoreline.

The following also remains closed:

ONLSOW / CARTERET COUNTIES

Queens Creek - All those waters in Queens Creek upstream of a straight line across the mouth.

White Oak River - All those waters upstream of the northern tip of Jones Island in the White Oak River.

North River - All those waters in North River upstream of a straight line beginning at a point at the permanent closure line near Channel Marker #56B to the mainland side of the Harker’s Island Bridge at The Straits.

Oyster Creek - All those waters in Oyster Creek upstream of a straight line across the mouth.

Brett Bay - All those waters in Brett Bay upstream of a straight line across the mouth.

Nelson Bay - All those waters in Nelson Bay upstream of a line from Drum Point to the northern tip of Fulchers Creek.

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 Rules 15A NCAC 03H .0103 and 03K .0101.
B. It is unlawful to violate the provisions of any proclamation issued by the N.C. Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 03H .0103.
C. These temporary closures are due to heavy rainfall and resultant runoff.

January 22, 2010
8:50 A.M.
PA-10-2009