PA-39-2008

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 change in shellfish harvesting areas will take effect at sunrise, Sunday, April 27, 2008.

All those waters in Carteret County will return to the status in existence immediately prior to the April 5 and April 22 and 23, 2008 temporary closures with the following exceptions which will remain closed:

CARTERET COUNTY

Bogue Sound- All those waters between ICWW Marker #13 and ICWW Marker #29 from the Intracoastal Waterway to the mainland.
Newport River - All those waters in Newport River upstream of a line across the river from Crab Point to the southern end of the west shore of Core Creek.
Newport River Area - All those waters east of a line beginning at a point at the end of Oak Road on the eastern side of Newport River; running southwesterly to a point at the northwest tip of the Town Creek shellfish closure area.
Wards Creek - All those waters in Wards Creek east of a line beginning on the south shore on the impoundment bulkhead at 34° 45' 27.1" N – 76° 35' 10.6" W, running 342° 15' 08" TRUE to a point on the north shore at 34° 46' 16.0" N – 76° 35' 29.6" W (DMF shrimp line).
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.
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.
Brett Bay – All those waters in Brett Bay upstream of a straight line from Piney Point to King Point.
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 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 area to normal closure boundaries: A portion of Bogue Sound, a portion of Newport River, and a portion of North River.

D. It should be noted that leases closed on or after March 31, 2008, to allow relaying of shellfish from closed areas, also remain closed.

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


April 26, 2008
3:00 p.m.
PA-39-2008
/sab