Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective sunrise, Wednesday, October 15, 2003, the following restrictions will apply to the Shellfish Management Areas below:

I. AREA DESCRIPTION

ONSLOW COUNTY

A. ALL SHELLFISH MANAGEMENT AREAS IN NEW RIVER WILL OPEN to the taking of clams by hand or hand tongs with the following exception:

1. The S Pipe SMA site shall remained closed to the taking of clams and oysters. See hatched areas on attached map.

2. The experimental sites located within West Stones Bay and Courthouse Bay Management Areas shall remain closed to the taking of clams and oysters. See the attached map.

II. GENERAL INFORMATION:

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

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

C. It is unlawful to use a trawl net, long haul seine, or swipe net in any shellfish/seed management area which has been designated by proclamation.

D. This action is being taken in order to allow harvest on the open SMAs and to protect oyster cultch in the S Pipe OMA and experimental sites.

E. The Division of Marine Fisheries will mark the areas to be closed with signs insofar as may be practicable. No unauthorized removal or relocation of any such sign shall have the effect of changing the areas closed, nor shall any such sign affect the applicability of any proclamation or portion thereof. Where there is conflict between signs and maps, maps shall prevail.

F. These SMAs will close to the taking of clams upon the closing of the oyster season in 2004.

G. These SMAs will not open until the temporary closure due to recent rainfall is lifted.

October 10, 2003

1:00 P.M.

SF-8-2003

/sab /sdt