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PA-97-2009 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, Wednesday, November 18, 2009. All those waters in Brunswick, Carteret, Pamlico, Beaufort, Hyde and Dare Counties will return to the status in existence immediately prior to the November 11 and 12, 2009 temporary closure with the following exceptions which will remain closed: BRUNSWICK / NEW HANOVER / PENDER / ONSLOW / CARTERET / BEAUFORT / PAMLICO / DARE / HYDE COUNTIES All those waters bordered on the east by a line beginning at a point on the mainland side of the Harker’s Island Bridge at The Straits; running southerly to the Harker’s Island side of the bridge; running southerly following the shoreline to the southwestern tip of Harkers Island; thence in a straight line through the two Flashing Beacons in Turtle Reef Channel to a point on Shackleford Banks and bordered on the west by the ICWW Marker #84 near Ocean Isle Beach, to include Shallotte River, Lockwood Folly River, Cape Fear River, Myrtle Grove Sound, Topsail Sound, Stump Sound, New River, Bear Creek, Queens Creek, White Oak River, Bogue Sound, Newport River, North River, and all other tributaries within said boundaries. 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. All those waters south and west of a line beginning at a point on the eastern end of Sow Island Point on the north shore of Jones Bay; thence in a straight line to the northeastern end of Maw Point near the mouth of Bay River; thence in a straight line to the north end of Point of Marsh; thence in a straight line to a point on the northwestern shore of North Bay; to include all of Jones Bay, Bay River, Neuse River, Turnagain Bay, West Bay, North Bay and all other tributaries within said boundaries. All those waters north and west of a straight line beginning at a point on the east shore of Pungo River at Willow Point thence in a straight line across the mouth of Pungo River to a point on the west shore at Wades Point; thence in a straight line across the mouth of the Pamlico River to Pamlico Point; thence in a straight line across Mouse Harbor to Little Porpoise Point thence in a straight line to Big Porpoise Point; thence in a straight line across Big Porpoise Bay and Middle Bay to Sow Island Point; to include Pungo River, Pamlico River, and all other tributaries within said boundaries. Rose Bay – All those waters in Rose Bay upstream of a straight line beginning at Long Point running southeasterly through Marker #3 to the northwestern tip of Judith Island, to include Deep Bay. Wysocking Bay – All those waters in Wysocking Bay upstream of a straight line between Mackey Point and the south shore of Lone Tree Creek. All those waters 200 yards offshore, on the sound side, between the north side of Ocracoke Inlet and the south side of Oregon Inlet. Stumpy Point Bay – All those waters in Stumpy Point Bay upstream of a straight line between Kazer Point and Drain Point. All those waters north of a straight line from a point on the southern end of Oregon Inlet thence across Pamlico Sound to Roanoke Marshes 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 Tubbs Inlet area, a portion of Back Sound, The Straits, Core Sound, Thorofare Bay, Cedar Island Bay, a portion of Pamlico River, Spencer Bay, Swanquarter Bay, Juniper Bay, West Bluff Bay, East Bluff Bay, a portion of Wysocking Bay, Long Shoal River, Parched Corn Bay, Sandy Bay, and a portion of Stumpy Point Bay. D. These reopenings are due to satisfactory bacteriological sampling results.
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