PA-71-2007

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 shellfish area 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 AND ONSLOW COUNTIES

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 Fl. Beacon #49 at Swansboro and ICWW Fl. Beacon #65A, located just west of Salliers Bay, near New River Inlet, to include all of Queens Creek and Bear Creek.

All those waters bordered on the northeast by a straight line from Swan Point through ICWW Channel Marker #4 to the eastern tip of West Onslow Beach, (south shore of New River Inlet), and bordered on the southwest by the North Topsail High Rise Bridge.

The following areas also remain closed:

CARTERET COUNTY

Nelson Bay - All those waters in Nelson Bay upstream of a line from Drum Point to the northern tip of Fulchers Creek.
Oyster Creek - All those waters in Oyster 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 the eastern end of Marshallberg. This includes Middens Creek, Tusk Creek, Jump Run Creek, Bells Creek, and all creeks and tributaries within the described area.
Sleepy Creek - All those waters in Sleepy Creek upstream of a straight line across the mouth.
Whitehurst Creek - All those waters in Whitehurst Creek upstream of a straight line across the mouth.
North River - All those waters in North River upstream of a straight line beginning at a point on the northwest shore of Goose Bay thence in a straight line across the river near the old Fl. "Danger" Beacon; thence to a point at 34° 44.4581’ N -76° 37.3826’ W; on the shore south of Cow Pen Creek to include all of Ward Creek.
All those waters north of a line beginning at a point 34º 42.1914' N - 76º 39.1554' W; on the southeast shore of Bird Shoals; running southeasterly to a point 34º 41.8800' N - 76º 38.2740' W; in the sound; running northeasterly to a point 34º 42.1854' N - 76º 37.1268' W; near Marker “60”; to include all of Carrot Island and the embayment north of Bird Shoals.

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. These closures are due to heavy rainfall and resultant runoff.

September 15, 2007
12:00 P.m.
PA-71-2007
/sab