M-13-2009(REVISED)

PROCLAMATION

RE: CLOSED OYSTER SEASON HARVEST PERMIT FOR LEASES AND FRANCHISES

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective from 12:01 A.M., Monday, June 1, 2009, through 11:59 P.M., Wednesday, September 30, 2009,a special permit shall be required to harvest oysters from shellfish leases and franchises.

I. SPECIAL PERMIT REQUIREMENTS:

A. It is unlawful to harvest oysters from shellfish leases or franchises during June, July, August and September without first obtaining a Closed Oyster Season Harvest Permit for Leases and Franchises.

B. To be eligible to hold or harvest under a Closed Oyster Season Harvest Permit for Leases and Franchises, the individual must possess a North Carolina Standard Commercial Fishing License (SCFL) or a Retired SCFL with a Shellfish Endorsement or a Shellfish License.

C. The Closed Oyster Season Harvest Permit for Leases and Franchises shall only be issued to shellfish lease and franchise holders. Designees shall be allowed to harvest if in possession of a copy of the permit and proper written authorization from the lease or franchise holder.

II. 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. Fisheries Rules 15A NCAC 3H .0103, 3O .0502, .0504 and .0506.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Rule 15A NCAC 3H .0103.

C. It shall be unlawful to fail to abide by all permit conditions listed in N.C. Marine Fisheries Rules 15A NCAC 3O .0502 and .0504 and the Closed Oyster Season Harvest Permit for Leases and Franchises.

D. The intent of this proclamation is to implement a special permit for shellfish lease and franchise holders and their designees to harvest oysters in compliance with Interstate Shellfish Sanitation Conference requirements during June, July, August and September.

E. The Closed Oyster Season Harvest Permit for Leases and Franchises will be issued by the Division of Marine Fisheries office, Resource Enhancement Section, Morehead City ONLY at no cost.

F. This proclamation supersedes proclamation M-13-2009, dated May 29, 2009. Correction was that not all Division of Marine Fisheries offices will be issuing the Closed Oyster Season Harvest Permit for Leases and Franchises, only the Morehead City will be issuing the permits.

DIVISION OF MARINE FISHERIES
May 29, 2009
2:30 P.M.
M-13-2009(REVISED)
/mdm/sab