PA-40-2008

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, Thursday, May 1, 2008.

All those waters in Carteret and Onslow Counties will return to the status in existence immediately prior to the April 4, 22 and 23, 2008 temporary closures with the following exceptions which will remain closed:

CARTERET COUNTY

Bogue Sound- All those waters between ICWW Marker #23 and ICWW Marker #29 from the Intracoastal Waterway to the mainland.
Newport River - All those waters in Newport River upstream of a straight line beginning at a point on the south shore at 34º 45.7044' N -76º 43.4977' W near Penn Point; running northerly to a point on the west shore of Harlowe Creek at 34º 46.6935' N -76º 43.4719' W.
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.

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: All those waters in Onslow County between ICWW Marker #25 and ICWW Marker #27, a portion of Bogue Sound, a portion of Newport River, Wards Creek, Whitehurst Creek, Sleepy Creek, Jarrett Bay, Oyster Creek, Brett Bay, and Nelson Bay.

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 and of both water and shellfish meats.

April 30, 2008
3:30 p.m.
PA-40-2008
/sab