PA-85-2009

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 changes in shellfish harvesting areas will take effect at sunrise, Thursday, October 1, 2009.

All those waters in Carteret County will return to the status in existence immediately prior to the September 7, 8, 22, 26 and 29, 2009 temporary closures with the following exceptions which will remain closed:

CARTERET COUNTY

White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.
All those waters in Bogue Sound from the ICWW to the mainland between ICWW Beacon #23 and Fl. Beacon #29 to include Broad Creek.
Newport River - All those waters in Newport River upstream of a line across the river from Crab Point to the southern end of the west shore of Core Creek.
North River - All those waters in North River upstream of a straight line beginning at a point on the northwest shore of Goose Bay thence in a straight line across the river near the old Fl. "Danger" Beacon; thence to a point at 34° 44.4581’ N -76° 37.3826’ W; on the shore south of Cow Pen Creek to include all of Ward Creek.
Whitehurst Creek - All those waters in Whitehurst Creek upstream of a straight line across the mouth.

The following also remains closed:

BRUNSWICK / NEW HANOVER / PENDER / ONSLOW / HYDE COUNTIES

All those waters between Southport and the South Carolina state line.
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 Snows Cut.
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.
Swanquarter Bay Area - All those waters upstream of a straight line beginning on the east side of Swanquarter Bay at a point at the Swanquarter Ferry Canal entrance; running across the bay to a point on marsh at Cowpen Point.

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: A portion of Bogue Sound, a portion of Newport River, a portion of North River, and Sleepy Creek.

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

September 30, 2009
10:00 A.M.
PA-85-2009
/sab