SF-6-2004

PROCLAMATION

RE: 2004 OYSTER RESTRICTIONS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at sunrise, Monday, November 15, 2004 mechanical harvest of oysters will be allowed and the following restrictions will apply:

I. MEANS AND METHODS

MECHANICAL HARVEST RESTRICTIONS:

1. Oysters may be taken by mechanical methods (See General Information Section VI. E.,G. and H. for other gear restrictions).

2. Oysters may not be transferred from the catching vessel to any other vessel during oyster harvesting operations or be transported by any vessel other than the vessel in which they are harvested.

II. HARVEST DAYS

Mechanical oyster harvest will be allowed Monday through Friday. (See General Information Section VI. C. and F.).

III. QUANTITY

Properly licensed persons may take or possess no more than fifteen (15) bushels of oysters per fishing operation, regardless of the number of persons or vessels involved. (See General Information Section VI. I.)

IV. 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. I.)

V. AREA RESTRICTIONS

Oysters may not be harvested by mechanical methods in the following areas (see General Information Section VI. E.). Proclamation SF-6-2003 (Revised) designated Shellfish Management Areas in Croatan Sound and Crab Hole (Dare County), Deep Bay (Hyde County) and West Bay (Carteret County), which closed these sites to the harvest of oysters and clams.

VI. GENERAL INFORMATION:

A. This proclamation is issued under the authority 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 and .0202.

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 .0206 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. 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).

E. N.C. Marine Fisheries Rule 15A NCAC 3K .0204 lists areas closed to the use of mechanical methods to take oysters; 15A NCAC 3N .0104 prohibits the use of mechanical methods to take oysters or clams in primary nursery areas.

F. 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.

G. N.C. Marine Fisheries Rule 15A NCAC 3J .0303 prohibits the use of dredges weighing more than 100 pounds except in the Atlantic Ocean; prohibits the use of more than one dredge per vessel to take oysters or crabs; and prohibits possession of oysters aboard a vessel with a dredge weighing more than 100 pounds.

H.N.C. Marine Fisheries Rule 15A NCAC 3I .0101(14) defines mechanical methods for oystering.

I. N.C. Marine Fisheries Rule 15A NCAC 3K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.

October 5, 2004

11:30 A.M.

SF-6-2004

/sab