PROCLAMATION
RE: 2003/2004 MECHANICAL HARVEST OF CLAMS
Preston P. Pate, Jr.,
Director, Division of Marine Fisheries, hereby announces that effective at 7:30 A.M., Monday, January 5, 2004, the
mechanical harvest of clams WILL OPEN
with the following restrictions:
I. AREA DESCRIPTIONS
Clams may be taken by mechanical methods in portions
of Bogue Sound, New River, Newport River, North River and Core Sound as shown
by the hatched areas on the attached maps.
Mechanical methods may be
used to take clams from 7:30 A.M. to 4:00 P.M. Mondays through Wednesdays only.
III. HARVEST LIMITS
A.
In
accordance with N.C. Marine Fisheries Rule 15A NCAC 3K .0302(a), a maximum
daily harvest of 3,750 clams (15 bags at 250 clams per bag) in possession will
be allowed per 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. A maximum
daily harvest limit of 6,250 clams (25 bags at 250 clams per bag) in possession
will be allowed per fishing operation in New River and daily harvest shall not
exceed a cumulative total of 6,250 clams (25 bags at 250 clams per bag) per fishing
operation in any coastal waters, regardless of the harvest methods employed.
B.
No
person shall transfer clams from the catching vessel to any other vessel or
transport clams by any vessel other than the vessel from which they are
harvested.
IV. GENERAL INFORMATION
A.
This
proclamation is issued under the authority of G.S. 113-182; 113-221(e);
143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I.0101 (13) and
3K .0301, .0302, .0303 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.
C. N.C. Marine Fisheries Rule 15A NCAC 3K .0303 requires a permit for
the use of mechanical gear on private bottoms.
Permits are available, at no cost, from all Division of Marine Fisheries
License Offices.
D. 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.
E. The Division of Marine Fisheries will place markers with green signs 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.
F.
When
markers or signs delineating the boundaries of the mechanical harvest areas are
removed, destroyed, or relocated to the degree that the lines are
unenforceable, or when aerial surveys reveal flagrant violations as evidenced
by bottom disturbance behind the lines, the Division will close the affected
water body for a period not less than one week. This time will be used for restoration of the markers or signs
and correcting the alignment of the harvest area.
G.
Southeastern
Pamlico Sound will not open to mechanical clam harvest this year due to the
rotation scheme implemented through the NC Hard Clam Fishery Management Plan.
H. This proclamation supersedes Proclamation SF-9-2003/2004 (Revised) ,
dated December 15, 2003 and Map 3 in Proclamation SF-9-2003/2004, dated
November 14, 2003. The line in Core
Creek has been corrected. No other changes have been made.
December 30, 2003
11:45 A.M.
SF-10-2003/2004
/dlt