SF-4-2010

PROCLAMATION

RE: 2010 OYSTER RESTRICTIONS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at sunrise, Friday, October 15, 2010, the oyster season SHALL OPEN. The following restrictions shall apply to the oyster fishery:

I. HARVEST RESTRICTIONS

A. MEANS AND METHODS

1. Oysters may be taken by hand and hand operated implements only. See General Information Section II. E. for further gear restrictions.

2. Oysters may not be transferred from the harvesting vessel to any other vessel during oyster harvesting operations or be transported by any vessel other than the vessel in which they are harvested.

3. It is unlawful to possess commercial and recreational limits of oysters aboard the same vessel.

4. It is unlawful to sell oysters taken on Saturday and Sunday from public bottom.

B. HARVEST DAYS - Oyster harvest will be allowed Monday through Friday of each week except as provided in C. 3. below.

C. COMMERCIAL AND RECREATIONAL HARVEST LIMITS

1. Properly licensed persons may take or possess no more than five (5) bushels of oysters per day and may not exceed a total of ten (10) bushels in any combined commercial fishing operation, regardless of the number of persons or boats that may be involved, in the following area:

South and west of a line beginning at a point 35°00.1000’ N - 76°14.8667’W near Hog Island Reef; running easterly to a point 34°58.7853’N - 76°09.8922’W on Core Banks; and east and south of the Highway 12 bridges on Thorofare and Nelson bays; and south of the Highway 101 bridges on Core and Harlowe creeks.

2. Properly licensed persons may take or possess no more than ten (10) bushels in any combined commercial fishing operation, regardless of the number of persons or boats that may be involved, in the following area:

North and east of a line beginning at a point 35°00.1000’ N - 76°14.8667’W near Hog Island Reef; running easterly to a point 34°58.7853’N - 76°09.8922’W on Core Banks; and west and north of the Highway 12 bridges on Thorofare and Nelson bays, and north of the Highway 101 bridges on Core and Harlowe creeks.

3. Unlicensed persons may take one bushel of oysters per person per day not to exceed two bushels per vessel per day for recreational purposes seven days a week.

D. MINIMUM SIZE LIMIT - The size limit will be three (3) inches shell length for oysters taken on public or private grounds. (See General Information Section II. F. below)

II. 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 Marine Fisheries Rules 15A NCAC 3H .0103, 3K .0201, 3K .0202 and 3K .0205. Marine Fisheries Rules 15A NCAC 3K Sections .0100 et seq. and .0200 et seq. specify conditions, restrictions and authority granted to the Fisheries Director for management of oyster stocks.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103.

C. It is unlawful to possess or sell oysters without a harvest tag affixed to each container in accordance with Marine Fisheries Rule 15A NCAC 3K .0109.

D. Marine Fisheries Rule 15A NCAC 3K .0106 (a) prohibits the taking of oysters between the hours of sunset and sunrise on any day.

E. Marine Fisheries Rule 15A NCAC 3K .0102 prohibits the taking of oysters with rakes more than 12 inches wide or weighing more than six pounds.

F. Marine Fisheries Rule 15A NCAC 3K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.

G. Marine Fisheries Rule 15A NCAC 3K .0209 prohibits the taking of oysters from oyster sanctuaries designated in Marine Fisheries Rule 15A NCAC 3R .0117.

October 4, 2010
10: 00 A.M.
SF-4-2010