Preston P. Pate, Jr.,
Director, Division of Marine Fisheries, hereby announces that effective at sunrise, Friday, October 15, 2004, the
oyster season WILL OPEN. The
following restrictions will 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 F. 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.
B. HARVEST DAYS - Oyster harvest will be
allowed Monday through Friday of each
week except as provided in General Information Section II D. below.
C. QUANTITY - 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 fishing operation,
regardless of the number of persons or boats which may be involved. For non-commercial harvest limits. (See
General Information Section VI. G. below).
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 VI. G. below)
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 N.C. Marine Fisheries Rules 15A NCAC 3H
.0103, 3K .0201, 3K .0202 and 3K .0205.
N.C. Marine Fisheries Rules 15A NCAC 3K Sections .0100 and .0200 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
per 15A NCAC 3H .0103.
C. It is unlawful to possess or sell oysters
without a harvest tag affixed to each container in accordance with N.C. Marine
Fisheries Rule 15A NCAC 3K .0101 (d).
D. In accordance with provisions in General
Statute 113-169.2, one bushel of oysters per person per day not to exceed two
bushels per vessel per day may be taken without a license for non-commercial
use seven days a week. This amount cannot be in addition to daily harvest
limits specified under Harvest Restrictions in Section I. C. of this
proclamation.
E. N.C. Marine Fisheries Rule 15A NCAC 3K .0106
(a) prohibits the taking of oysters between the hours of sunset and sunrise on
any day.
F.
N.C.
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.
G. N.C. Marine
Fisheries Rule 15A NCAC 3K .0207 exempts permitted aquaculture operations from
bag and size limit restrictions.
October 5, 2004
11:00 A.M.
SF-5-2004
/sab