PA-104-2007

PROCLAMATION

RE: SHELLFISH POLLUTED AREA

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, upon the recommendation of Leah Devlin, D.D.S., M.P.H., State Health Director, Department of Health and Human Services, hereby announces that the following changes in shellfish harvesting areas will take effect at sunrise, Saturday, December 22, 2007.

All those waters in Brunswick, Pender, Onslow, and Carteret counties will return to the status in existence immediately prior to the December 16, 2007 temporary closures with the following exceptions which will remain closed:

ONSLOW AND CARTERET COUNTIES

All those waters from the Intracoastal Waterway to the mainland between ICWW Beacon #49 near Swansboro and ICWW Channel Marker #59, to include all of Queens Creek and Bear Creek.

White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.

All those waters from the Intracoastal Waterway to the mainland between ICWW Marker #32 near Sanders Creek and ICWW Marker #20 near Gales Creek, to include all creeks and tributaries within said boundaries.

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.

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 Harkers Island Bridge at The Straits.

Whitehurst Creek - All those waters in Whitehurst 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.

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

The temporary openings of Shallotte River, Newport River, Harlowe Creek, Core Creek, North River, and Wards Creek from December 7, 13 and 14, 2007 also remain closed.

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 3H .0103 and 3K .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 3H .0103.

C. This proclamation returns the following areas to normal closure boundaries: Lockwoods Folly River, all those waters between Swan Point and the Surf City Bridge, Sleepy Creek, Brett Bay and Nelson Bay.

D. These reopenings are due to satisfactory bacteriological sampling results.


December 21, 2007
1:30 p.m.
PA-104-2007
/dlt