PROCLAMATION
RE: 2004/2005 MECHANICAL HARVEST OF CLAMS
Preston P. Pate, Jr.,
Director, Division of Marine Fisheries, hereby announces that effective at 7:30 A.M., Monday, December 13, 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, White Oak River, Newport River, North River and Core Sound
within the hatched areas shown on the attached maps.
B. ONSLOW/PENDER
COUNTIES
Those areas from Marker #65, south of Salllier’s
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 Sallier’s 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.
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 shall
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 shall be allowed per
commercial fishing operation in Core Sound.
A maximum daily harvest limit of 6,250 clams (25 bags at 250 clams per
bag) in possession shall be allowed per commercial fishing operation in White
Oak River and in the Intracoastal Waterway from Marker #65 to the “BC” Marker
at Banks Channel. Daily harvest shall
not exceed a cumulative total of 6,250 clams (25 bags at 250 clams per bag) per
commercial fishing operation in any coastal fishing 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 N.C.G.S. 113-170.4; 113-170.5;
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 pursuant to N.C. Marine
Fisheries Rule 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 shall 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 shall 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 shall close the affected
water body for a period not less than one week. This time shall be used for restoration of the markers or signs
and correcting the alignment of the harvest area.
G.
Southeastern
Pamlico Sound shall not open to mechanical clam harvest this year due to the
rotation scheme implemented through the NC Hard Clam Fishery Management Plan.
November 24, 2004
10:00 A.M.
SF-11-2004/2005
/sab