SH-23-2004

PROCLAMATION

RE: 2004 SHRIMPING AND CRAB TRAWLING

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that the following restrictions will apply to shrimping and crab trawling effective at 5:00 P.M. Friday, October 15, 2004:

I. SUSPENSION OF RULE

The portion of the N.C. Fisheries Rules for Coastal Waters 15A NCAC 3R .0103 (15) (d), which reads “Mallard Bay Area, all waters northwest of the IWW from Beacon No. 93 34° 23’ 54”N – 77° 36’ 43”W; to Beacon No. 96 34° 22’ 34N – 77° 38’ 48”W.” remains suspended.

II. PENDER COUNTY

The following portion of the ICW contained in the description above will remain open effective at 5:00 P.M., Friday, October 15, 2004: That area west of the ICW Channel from Marker #93 to Marker #96, from the ICW channel to the marsh line bordering the ICW. All bays, creeks, and tributaries, including dredged canals will remain closed.

III. 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, 3I .0102, 3L .0101 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. This action is being taken to enable the reopening of an area that has been designated as a nursery area, but has been routinely opened since 1984. A process to remove that designation, which is no longer valid, is underway. This proclamation supersedes portions of Proclamation SH-7-2004, dated April 28, 2004 that pertain to the areas described above and SH-12-2004, dated July 20, 2004.