PA-45-2008

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 change in shellfish harvesting areas will take effect at sunrise, Friday, May 16, 2008.

All those waters in Pender and Onslow Counties will return to the status in existence immediately prior to the May 12, 2008 temporary closures with the following exceptions which will remain closed:

ONSLOW COUNTY

All those waters from the Intracoastal Waterway to the Mainland between ICWW Marker #58 and ICWW Marker #49, to include Bear and Queens Creeks.
White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.

THE FOLLOWING AREAS REMAIN CLOSED:

BRUNSWICK COUNTY

All those waters between ICWW marker “89” near Ocean Isle and the South Carolina State Line, to include the Tubbs Inlet area.
Shallotte River - All those waters in Shallotte River upstream of a straight line from Bowen Point to Long Point.
Lockwoods Folly River - All those waters between Southport and ICWW Channel Marker #48, to include all of Lockwoods Folly River and the Lockwoods Folly River Inlet area.

CARTERET COUNTY

White Oak River - All those waters in White Oak River upstream of the Highway 24 Bridge at Swansboro.
Newport River - All those waters upstream of a line beginning at a point on the south shore at 34º 45.7044' N -76º 43.4977' W near Penn Point; running northwesterly to a point on the north shore at 34º 46.5724' N -76º 44.3786' W just upstream of Hammock Rock.

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 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 Surf City Bridge.

D. It should be noted that leases closed on or after March 31, 2008, to allow relaying of shellfish from closed areas, also remain closed.

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

May 15, 2008
11:15 a.m.
PA-45-2008
/sab