PA-95-2008

PROCLAMATION

RE: SHELLFISH POLLUTED AREA

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, upon the recommendation of Leah Devlin, D.D.S., M.P.H., State Health Director, Department of Health and Human Services, hereby announces that the following changes in shellfish harvesting areas will take effect at sunrise, Saturday, November 8, 2008.

A portion of those waters in Onslow and Carteret Counties will return to the status in existence immediately prior to the November 4, 2008 temporary closures with the following exceptions which will remain closed:

BRUNSWICK/PENDER/ONSLOW/CARTERET COUNTIES

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 North Topsail High Rise Bridge.

All those waters in Stump Sound between ICWW Channel Marker #53, near Old Settlers Canals, and the Surf City Bridge.

Bear Creek – All those waters in Bear Creek upstream of a straight line across the mouth.

Queens Creek – All those waters in Queens Creek upstream of a straight line across the mouth.

White Oak River – All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.

All those waters from the Intracoastal Waterway to the mainland between ICWW Channel Marker #30 near Sanders Creek and the Emerald Isle High Rise Bridge.

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.

Jarrett Bay / North River and The Straits - All those waters bordered on the east by 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 the eastern end of Browns Island; thence in a straight line to Shell Point on Harkers Island; thence following the shoreline to the southwestern tip of Harkers Island; thence in a straight line to Channel Marker #56A; thence proceeding thru Beacon #58 to Beacon #59 to a point on Carrot Island. This includes Middens Creek, Tusk Creek, Jump Run Creek, Bells Creek, The Straits, Eastmouth Bay, Westmouth Bay, all of North River, the North River Marshes, Sleepy Creek, Whitehurst Creek and all creeks and tributaries within the described area (see map).

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 from Piney Point to King Point.

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

The following area in Dare County also remains closed:

All those waters within 100 yards of the Sound side of the Outer Banks between Hatteras Inlet and Oregon Inlet.

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 3H .0103 and 3K .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 3H .0103.

C. This proclamation returns the following areas to normal closure boundaries: All those waters between ICWW Channel Marker #53 and the North Topsail High Rise Bridge; the ICWW from the waterway to the mainland from the Emerald Isle Bridge to ICWW Channel Marker #65A; and a portion of Bogue Sound except from the Intracoastal Waterway to the Mainland at Marker #30 near Sanders Creek and the Emerald Isle Bridge.

D. These reopenings are due to satisfactory bacteriological sampling results.

November 7, 2008
1:15 p.m.
PA-95-2008
/sab