SF-8-2002/2003 (REVISED)

PROCLAMATION

RE: 2002/2003 MECHANICAL HARVEST OF CLAMS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 7:30 A.M., Monday, December 16, 2002, the mechanical harvest of clams WILL OPEN with the following restrictions:

I. AREA DESCRIPTIONS

A. ONSLOW/CARTERET COUNTIES

Clams may be taken by mechanical methods in portions of Bogue Sound, White Oak River, Newport River, North River, Core Sound and Pamlico Sound as shown by the hatched areas on the attached maps.

B. ONSLOW/PENDER COUNTIES

Those areas from Marker #65, south of Salliers Bay, to the “BC” Marker (at Banks Channel in Pender County) as described below: (No Map)

1. All public bottoms in the Intracoastal Waterway (maintained marked channel only) from Marker #65, south of Salliers Bay to Marker #49 at Morris Landing.

2. All public bottoms within and 100 feet on either side of the Intracoastal Waterway from Marker #49 at Morris Landing to the “BC” Marker at Banks Channel.

3. All public bottoms from Intracoastal Waterway Marker #72A to New River Inlet. All tributaries will remain closed.

II. HARVEST DAYS/TIMES

Mechanical methods may be used to take clams from 7:30 A.M. to 4:00 P.M. Mondays through Wednesdays only. Mechanical harvest will be closed Wednesday, December 25, 2002.

III. HARVEST LIMITS

In accordance with N.C. Marine Fisheries Rule 15A NCAC 3K .0301(a), a maximum daily harvest of 3,750 clams (15 bags at 250 clams per bag) in possession will be allowed per commercial fishing operation in North River, Newport River and Bogue Sound. A maximum daily harvest of 5,000 clams (20 bags at 250 clams per bag) in possession will be allowed per fishing operation in Core Sound and Pamlico Sound. A maximum daily harvest of 6,250 clams (25 bags at 250 clams per bag) in possession will be allowed per fishing operation in the Intracoastal Waterway from Marker #65 to the “BC” Marker at Banks Channel, and White Oak River.

Maximum daily harvest shall not exceed a total of 6,250 clams (25 bags at 250 clams per bag) per commercial fishing operation in any coastal waters.

IV. GENERAL INFORMATION

A. This proclamation is issued under the authority of G.S. 113-182; 113-170.4; 113-170.5; 113-221(e); 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103 and 3K .0301, .0302, and .0304.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority per 15A NCAC 3H .0103(b).

C. All areas within 25 feet of privately marked and maintained navigation channels and piers, all marked shellfish leases, all polluted shellfish areas, all established beds of aquatic vegetation and natural or live oyster beds shall remain closed to the mechanical harvest of clams.

D. The Division of Marine Fisheries will place markers with green signs or orange survey tape or yellow buoys along the boundaries of referenced areas which will be considered the actual closure line. Unauthorized removal or relocation of any marker or sign will not change the area opened, nor shall any such unauthorized removal or relocation or the absence of any marker or sign affect the applicability of any proclamation pertaining to any such body of water or portion thereof. Where there is conflict between markers or signs and maps, maps shall prevail.

E. IF surveys reveal that flagrant violations as evidenced by bottom disturbance caused by mechanical harvest behind the lines or when markers, buoys or signs delineating the boundaries of the mechanical harvest areas are removed, destroyed, or relocated to the degree that the lines are unenforceable, the Fisheries Director intends to close the affected area for the remainder of the mechanical harvest season.

F. This proclamation supersedes Proclamation SF-8-2002/2003, dated November 7, 2002. The opening date is the only difference in the proclamation and that date is being delayed due to current unfavorable market conditions. The northern portion of Core Sound will remain closed to protect small clams that have recruited to that area.

November 27, 2002

11:00 A.M.

SF-8-2002/2003 (REVISED)

/sab