PA-29-2010

PROCLAMATION
RE: SHELLFISH POLLUTED AREA
Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, upon the recommendation of Jeffrey P. Engel, M.D., State Health Director, Department of Health and Human Services, hereby announces that the following shellfish area temporary closures will take effect immediately:
No person shall take or attempt to take any oysters, clams or mussels or possess, sell or offer for sale any oysters, clams or mussels taken from the following polluted areas:

NEW HANOVER / ONSLOW AND CARTERET COUNTIES

All those waters from the ICWW to the mainland between the Wrightsville Beach Bridge and Snows Cut.

All those waters from the Intracoastal Waterway to the mainland between the Emerald Isle High Bridge and ICWW Fl. Beacon #65A, located just west of Salliers Bay, near New River Inlet, to include Freeman Creek, Bear Creek, Queens Creek, White Oak River and all other creeks and tributaries within said boundaries.

Newport River - All those waters in Newport River upstream of the Highway 70 High Rise Bridge and Morehead-Beaufort Causeway, to include all tributaries and Core Creek.

North River - All those waters in North River upstream of a straight line beginning at a point at the permanent closure line near Channel Marker #56B to the mainland side of the Harker’s Island Bridge at The Straits.

Whitehurst Creek - All those waters in Whitehurst Creek upstream of a straight line across the mouth.

Sleepy Creek - All those waters in Sleepy Creek upstream of a straight line across the mouth.

Jarrett Bay – All those waters upstream of a line beginning at a point on the east shore of Spit Bay; thence in a straight line to the southern end of Davis Island; thence in a straight line thru Flashing Beacon #36; thence in a straight line to the southeast end of Bells Island; thence in a straight line to a point on the Marshallberg shoreline.

Oyster Creek - All those waters in Oyster Creek upstream of a straight line across the mouth.

Brett Bay - All those waters in Brett Bay upstream of a straight line across the mouth.

Nelson Bay - All those waters in Nelson Bay upstream of a line from Drum Point to the northern tip of Fulchers Creek.

The following also remains closed:

BRUNSWICK / PENDER / ONSLOW COUNTIES

All those waters between ICWW marker “84” near Ocean Isle and the South Carolina State Line, to include the Tubbs Inlet area.

Lockwoods Folly River - All those waters north of a line beginning on the west shore at a point 33°55.7954’N - 78°13.3096’ W approximately midway between Genoes Point and Spring Creek; running southeasterly to a point 33°55.2284’N - 78°12.7791’ W near the northwest point of Horse Island, to include the open portion of the Atlantic Intracoastal Water Way north of Horse Island.

All those waters bordered on the northeast by a straight line from Swan Point through ICWW Channel Marker #4 to the eastern tip of West Onslow Beach, (south shore of New River Inlet), and bordered on the southwest by the Surf City Bridge.
GENERAL INFORMATION:
A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 03H .0103 and 03K .0101.
B. It is unlawful to violate the provisions of any proclamation issued by the N.C. Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 03H .0103.
C. These temporary closures are due to heavy rainfall and resultant runoff.

March 30, 2010
9:15 A.M.
PA-29-2010