NCDMF Proclamation

SF-6-2009(REVISED)

PROCLAMATION
RE: 2009 OYSTER RESTRICTIONS

Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at sunrise, Monday, November 2, 2009, the following restrictions shall apply to the oyster fishery:

I. HARVEST RESTRICTIONS

A. MEANS AND METHODS
1. Oysters may be taken by hand and hand operated implements only. See General Information Section II. E. for further gear restrictions.
2. Oysters may not be transferred from the harvesting vessel to any other vessel during oyster harvesting operations or be transported by any vessel other than the vessel in which they are harvested.
3. It is unlawful to possess commercial and recreational limits of oysters aboard the same vessel.
4. It is unlawful to sell oysters taken on Saturday and Sunday from public bottom.

B. HARVEST DAYS - Oyster harvest will be allowed Monday through Friday of each week except as provided in C. 3. below.

C. COMMERCIAL AND RECREATIONAL HARVEST LIMITS
1. Properly licensed persons may take or possess no more than five (5) bushels of oysters per day and may not exceed a total of ten (10) bushels in any combined commercial fishing operation, regardless of the number of persons or boats that may be involved, in coastal fishing waters in the following area:

South and west of a line beginning at a point 35°00.1000’ N - 76°14.8667’W near Hog Island Reef; running easterly to a point 34°58.7853’N - 76°09.8922’W on Core Banks; and east and south of the Highway 12 bridges on Thorofare and Nelson bays; and south of the Highway 101 bridges on Core and Harlowe creeks.

2. Properly licensed persons may take or possess no more than fifteen (15) bushels in any combined commercial fishing operation, regardless of the number of persons or boats that may be involved, in the following area except as specified in Section II below:

North and east of a line beginning at a point 35°00.1000’ N - 76°14.8667’W near Hog Island Reef; running easterly to a point 34°58.7853’N - 76°09.8922’W on Core Banks; and west and north of the Highway 12 bridges on Thorofare and Nelson bays, and north of the Highway 101 bridges on Core and Harlowe creeks.

3. Unlicensed persons and harvesters taking oysters only for personal consumption may take one bushel of oysters per person per day not to exceed two bushels per vessel per day for recreational purposes seven days a week (see I.A.3. above).

D. MINIMUM SIZE LIMIT - The size limit will be three (3) inches shell length for oysters taken on public or private grounds. (See General Information Section III. F. below)

II. AREA RESTRICTIONS
Properly licensed persons may take or possess no more than ten (10) bushels of oysters per fishing operation per day in the following areas regardless of the number of persons or vessels involved:

A. Wysocking Bay - northwest of a line beginning at a point 35° 22.9684' N ‑ 76° 03.7129' W on Benson Point, running northeasterly to a point 35° 24.6895' N ‑ 76° 01.3155' W on Long Point;
B. East Bluff Bay – northwest of a line beginning at a point 35° 19.5333’ N - 76° 09.3333’ W on Bluff Point; running northeasterly to a point 35° 21. 2784’ N - 76° 06. 7572’ W on North Bluff Point;
C. West Bluff Bay – north of a line beginning at a point 35° 20.3413’ N - 76° 12.3378’ W on the east shore of Cunning Harbor; running easterly to a point 35° 19.5333’ N - 76° 09.3333’ W on Bluff Point;
D. Juniper Bay‑Cunning Harbor ‑ north of a line beginning at a point 35° 20.6217' N ‑ 76° 15.5447' W on the west shore of Juniper Bay, running easterly to a point 35° 20.4372' N - 76° 13.2697' W; running easterly to a point 35° 20.3413' N ‑ 76° 12.3378' W on the east shore of Cunning Harbor;
E. Swanquarter Bay ‑ north of a line beginning at a point 35° 20.9500' N – 76° 20.6409' W at The Narrows, running easterly to a point 35° 21.5959' N ‑ 76° 18.3580' W on the east shore;
F. Deep Cove ‑ The Narrows ‑ north and east of a line beginning at a point 35° 20.9790' N ‑ 76° 23.8577' W on the west shore; running southeasterly to a point 35° 20.5321' N ‑ 76° 22.7869' W on Swanquarter Island, and west of a line at The Narrows beginning at a point 35° 20.9500' N ‑ 76° 20.6409' W on the north shore, running southerly to a point 35° 20.7025' N ‑ 76° 20.5620' W on Swanquarter Island;
G. Rose Bay ‑ north of a line beginning at a point 35° 23.3404' N ‑ 76° 26.2491' W on Long Point, running southeasterly to a point 35° 22.4891' N ‑ 76° 25.2012' W on Drum Point;
H. Spencer Bay – northwest of a line beginning at a point 35° 22.3866' N ‑ 76° 27.9225' W on Roos Point, running northeasterly to a point 35° 23.3404' N ‑ 76° 26.2491' W on Long Point;
I. Jones Bay ‑ west of a line beginning at a point 35° 13.4968' N ‑ 76° 31.1040' W on Mink Trap Point; running southerly to a point 35° 12.3253' N ‑ 76° 31.2767' W on Boar Point;
J. Slade Creek - east of a line beginning at a point 35° 27.8879' N ‑ 76° 32.9906' W on the west shore; running southeasterly to a point 35° 27.6510' N ‑ 76° 32.7361' W on the east shore;
K. Scranton Creek - south and east of a line beginning at a point 35° 30.6810' N ‑ 76° 28.3435' W on the west shore; running easterly to a point 35° 30.7075' N ‑ 76° 28.6766' W on the east shore;
L. Pungo Creek - west of a line beginning at a point 35° 30.7633' N ‑ 76° 38.2831' W on Persimmon Tree Point; running southwesterly to a point 35° 31.1546' N ‑ 76° 37.7590' W on Windmill Point;
M. South Creek - west of a line beginning at a point 35° 21.7385' N ‑ 76° 41.5907' W on Hickory Point; running southerly to a point 35° 20.7534' N ‑ 76° 41.7870' W on Fork Point;
N. Bond Creek/Muddy Creek - south of a line beginning 35° 20.7534' N ‑ 76° 41.7870' W on Fork Point; running southeasterly to a point 35° 20.5632' N ‑ 76° 41.4645' W on Gum Point;
O. Goose Creek – south of a line beginning at a point 35° 19.7932’ N - 76° 37.5347’ W on the north shore of Lower Spring Creek; running easterly to a point 35° 19.8667’ N - 76°35.9333’ W on Fulford Point;
P. Bay River – west of a line beginning at a point 35° 11.0333’ N - 76° 31.5666’ W on Bay Point; running southerly to a point 35° 09.0333’ N - 76° 32.1500’ W on Maw Point;
Q. Adams Creek – south of a line beginning at a point 34° 57.3104’ N - 76° 41.1292’ W on the north shore of Godfrey Creek; running westerly to a point 34° 57.5226’ N - 76° 40. 5630’ W on the east shore;
R. South River – southeast of a line beginning at a point 34° 58.6524’ N - 76° 35. 4240’ W; running northeasterly to a point 34° 59.1936’ N - 76° 34.7657’ W on the west shore of Horton Bay;
S. West Bay – south of a line beginning at a point 35° 01.5700’ N - 76° 25.2850’ W on Newstump Point; running westerly to a point 35° 01.8982’ N - 76° 21.7135’ W on Point of Grass.
T. In the Mechanical Methods Prohibited areas specified in 15A NCAC 03R .0108 (1) and (2) (a), (b), (c), and (d).

III. 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, 3K .0201, 3K .0202 and 3K .0205. N.C. Marine Fisheries Rules 15A NCAC 3K Sections .0100 et seq. and .0200 et seq. specify conditions, restrictions and authority granted to the Fisheries Director for management of oyster stocks.
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 is unlawful to possess or sell oysters without a harvest tag affixed to each container in accordance with N.C. Marine Fisheries Rule 15A NCAC 3K .0109.
D. N.C. Marine Fisheries Rule 15A NCAC 3K .0106 (a) prohibits the taking of oysters between the hours of sunset and sunrise on any day.
E. N.C. Marine Fisheries Rule 15A NCAC 3K .0102 prohibits the taking of oysters with rakes more than 12 inches wide or weighing
more than six pounds.
F. N.C. Marine Fisheries Rule 15A NCAC 3K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.
G. N.C. Marine Fisheries Rule 15A NCAC 3K .0209 prohibits the taking of oysters from oyster sanctuaries designated in N.C. Marine Fisheries Rule 15A NCAC 3R .0117.
H. This proclamation revises SF-6-2009 issued October 5, 2009 by increasing the harvest limit for hand harvest methods to 15 bushels per fishing operation in the coastal fishing waters of Pamlico, Croatan, and Albemarle sounds and Neuse, Pamlico, and Pungo rivers as specified.
I. Maps are provided to aid in the identification of the specified harvest areas. Maps do NOT supersede existing rules or supersede proclamations closing areas to harvest by reason of pollution.

October 28, 2009
10: 30 A.M.
SF-6-2009(REVISED)
/sab