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PA-98-2009 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, Thursday, November 19, 2009. All those waters in New Hanover, Carteret, Hyde and Dare Counties will return to the status in existence immediately prior to the November 11 and 12, 2009 temporary closure with the following exceptions which will remain closed: BRUNSWICK / NEW HANOVER / PENDER / ONSLOW / CARTERET / PAMLICO / BEAUFORT / HYDE / DARE COUNTIES All those waters between ICWW marker “84” near Ocean Isle Beach in Brunswick County and ICWW Marker #134 near Hewletts Creek in New Hanover County to include Shallotte River, Lockwoods Folly River, Cape Fear River, and Myrtle Grove Sound. All those waters bordered on the east by a line between the southern tip of Radio Island and Fort Macon in Carteret County and bordered on the southwest by a line running from the mainland through ICWW Marker #122 near Howe Creek to Figure Eight Island in New Hanover County, to include Topsail Sound, Stump Sound, New River, Bear Creek, Queens Creek, White Oak River, Bogue Sound, Newport River, and all other tributaries within said boundaries. North River - All those waters 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°3826’ W; on the shore south of Cow Pen Creek to include all of Ward Creek. Oyster Creek - All those waters in Oyster Creek upstream of a straight line across the mouth. Nelson Bay - All those waters in Nelson Bay upstream of a line from Drum Point to the northern tip of Fulchers Creek. All those waters south and west of a line beginning at a point on the eastern end of Sow Island Point on the north shore of Jones Bay; thence in a straight line to the northeastern end of Maw Point near the mouth of Bay River; thence in a straight line to the north end of Point of Marsh; thence in a straight line to a point on the northwestern shore of North Bay; to include all of Jones Bay, Bay River, Neuse River, Turnagain Bay, West Bay, North Bay and all other tributaries within said boundaries. All those waters north and west of a straight line beginning at a point on the east shore of Pungo River at Willow Point thence in a straight line across the mouth of Pungo River to a point on the west shore at Wades Point; thence in a straight line across the mouth of the Pamlico River to Pamlico Point; thence in a straight line across Mouse Harbor to Little Porpoise Point thence in a straight line to Big Porpoise Point; thence in a straight line across Big Porpoise Bay and Middle Bay to Sow Island Point; to include Pungo River, Pamlico River, and all other tributaries within said boundaries. Rose Bay – All those waters in Rose Bay upstream of a straight line beginning at Long Point running southeasterly through Marker #3 to the northwestern tip of Judith Island, to include Deep Bay. Wysocking Bay – All those waters in Wysocking Bay upstream of a straight line between Mackey Point and the south shore of Lone Tree Creek. Stumpy Point Bay – All those waters in Stumpy Point Bay upstream of a straight line between Kazer Point and Drain Point. All those waters north of a straight line from a point on the southern end of Oregon Inlet thence across Pamlico Sound to Roanoke Marshes 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 03H .0103 and 03K .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 03H .0103. C. This proclamation returns the following areas to normal closure boundaries: all those waters between ICWW Marker #134 and #122 in New Hanover County, Middle Marshes, a portion of North River, Whitehurst Creek, Sleepy Creek, Jarrett Bay, Brett Bay, and the 200-yard temporary closure offshore of Hatteras and Ocracoke Islands. D. These reopenings are due to satisfactory bacteriological sampling results.
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