PA-80-2009

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 changes in shellfish harvesting areas will take effect at sunrise, Friday, September 25, 2009.

All those waters in Carteret County will return to the status in existence immediately prior to the September 7, 8 and 22, 2009 temporary closures with the following exceptions which will remain closed:

CARTERET COUNTY
White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.
All those waters in Bogue Sound from the ICWW to the mainland between ICWW Beacon #7 near Peletier Creek and Fl. Beacon #29 to include Broad Creek.
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.
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.
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.

The following also remains closed:

BRUNSWICK / NEW HANOVER / PENDER / ONSLOW / HYDE COUNTIES
All those waters between ICWW marker #84, near Ocean Isle Beach, and the South Carolina State Line, to include the Tubbs Inlet area.
Shallotte River - All those waters in Shallotte River upstream of a straight line from Bowen Point to Long Point.
Lockwoods Folly River - All those waters north of a line beginning on the west shore at a point 33°55.7954’N-78°13.3096’ W approximately midway between Genoes Point and Spring Creek; running southeasterly to a point 33°55.2284’N - 78°12.7791’ W near the northwest point of Horse Island, to include the open portion of the Atlantic Intracoastal Water Way north of Horse Island.
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 Snows Cut.
Bear Creek – All those waters in Bear Creek upstream of a straight line across the mouth.
Queens Creek – All those waters in Queens Creek upstream of a straight line across the mouth.
White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.
Swanquarter Bay Area - All those waters upstream of a straight line beginning on the east side of Swanquarter Bay at a point at the Swanquarter Ferry Canal entrance; running across the bay to a point on marsh at Cowpen Point.

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 Newport River.

D. This reopening is due to satisfactory bacteriological sampling results.

September 24, 2009
10:00 A.M.
PA-80-2009
/sab