PA-63-2008

PROCLAMATION

RE: SHELLFISH POLLUTED AREA

SEE MAPS http://www.deh.enr.state.nc.us/shellfish/maps.htm

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 shellfish area closures will take effect immediately:

No person shall take or attempt to take any oysters, clams or mussels or possess, sell or offer for sale any oysters, clams or mussels taken from the following polluted areas:

The following changes are closures to shellfish harvesting:

SHALLOTTE RIVER AREA (A-2) – Map 49

Hewetts Marina / Betty’s Restaurant – All those waters 100 feet from the dockage at Hewetts Marina and Betty’s Restaurant beginning at a point 33º 55.1299' N -78º 15.5797' W on the shore west of the dockage; running southerly to a point 33º 55.1013' N -78º 15.5799' W in the waterway; running easterly to a point 33º 55.1006' N -78º 15.4646' W in the waterway; running northerly to a point 33º 55.1343' N -78º 15.4643' W on the shore east of the dockage area.

MYRTLE GROVE SOUND AREA (B-5) – Map 46

Dolphin Bay Marina – All those waters within the marina at Dolphin Bay and extending beyond the dockage 200 feet beginning at a point 34º 04.1833' N -77º 53.3025' W on the shore north of the marina; running easterly to a point 34º 04.1589' N -77º 53.1958' W in the sound; running southerly to a point 34º 03.9993' N -77º 53.2485' W in the sound; running westerly to a point 34º 04.0194' N -77º 53.3363' W on the shore south of the marina.

WRIGHTSVILLE BEACH AREA (B-7) – Map 44

Canady’s Marina / Mason’s Marina – All those waters within Canady’s Marina and Mason’s Marina and extending beyond the dockage facilities 250 feet beginning at a point 34º 16.2768' N -77º 46.4155' W on the shore northwest of Mason’s Marina; running northeasterly to a point 34º 16.3187' N -77º 46.3878' W in Pages Creek; running southeasterly to a point 34º 16.2289' N -77º 46.1907' W in the creek; running southerly to a point 34º 16.1315' N -77º 46.1987' W in the creek; running westerly to a point 34º 16.1312' N -77º 46.2522' W on the shore south of Canady’s Marina.

BROAD CREEK AREA (E-1) – Map 33

a) Broad Creek – All those waters in Broad Creek upstream of a straight line beginning at a point 34º 42.9048' N -76º 56.4187' W on the west shore; running easterly to a point 34º 43.0073' N -76º 55.9814' W on the east shore.

Roger Jones Fish Company – All waters within the harbor at Roger Jones Fish Company and extending beyond the dockage facilities 200 feet beginning at a point 34° 43.1357’ N -76° 55.4671’ W on the west shore; running southeasterly to a point 34º 43.1059' N -76º 55.4279' W in the sound; running easterly to a point 34º 43.1051' N -76º 55.3768' W in the sound; running northerly to a point 34º 43.1312' N -76º 55.3762' W on the shore east of the harbor.

Salty Shores Marina – All those waters within Salty Shores Marina and extending beyond the dockage facilities 275 feet beginning at a point 34º 42.6008' N -76º 57.1908' W on the shore west of the basin; running southeasterly to a point 34º 42.5650' N -76º 57.1455' W in the sound; running northeasterly to a point 34º 42.6331' N -76º 57.0627' W in the sound; running northwesterly to a point 34º 42.6609' N -76º 57.0979' W on the shore east of the basin.

BOGUE SOUND AREA (E-2) – Map 32

d) Beacon’s Reach – Westport Marina – All those waters within Westport Marina at Beacon’s Reach and extending beyond the dockage facilities 400 feet beginning at a point 34º 41.5943' N -76º 51.5525' W on the shore west of the basin; running northerly to a point 34º 41.6474' N -76º 51.5510' W in the sound; running easterly to a point 34º 41.6464' N -76º 51.4145' W in the sound; running southerly to a point 34º 41.5988' N -76º 51.4158' W on the shore east of the basin.

e) Brandywine Bay Inc. – All those waters within the marina at Brandywine Bay and extending beyond the dockage facilities 275 feet beginning at a point 34º 43.7011' N -76º 50.2410' W on the shore west of the basin; running southerly to a point 34º 43.6650' N -76º 50' 15.2593’ W in the sound; running easterly to a point 34º 43.6388' N -76º 50.1437' W on the shore east of the basin.

MOREHEAD CITY / ATLANTIC BEACH AREA (E-3) – Map 31

Atlantic Beach Area / Fish-N-Lake Area – All those waters upstream of a line beginning at a point on marsh at 34º 42.6670' N -76º 44.8422' W; running easterly across the mouth of the canal to a point 34º 42.6791' N -76º 44.7440' W on the east shore; to include all waters in Fish-N-Lake.

NEUSE RIVER AREA (F-1) – Map 21

d) Long Creek – All those waters upstream of a line across the mouth of Long Creek beginning at a point 34º 55.6108' N -76º 43.8230' W on the west shore; running northeasterly to a point 34º 55.6175' N -76º 43.7947' W on the east shore.

CEDAR ISLAND AREA (F-4) – Map 24

c) Cedar Island Community Boat Harbor – All those waters within the community boat harbor at Cedar Island and extending 325 feet from the dockage facilities beginning at a point 34º 59.5172' N -76º 18.3957' W on the shore north of the harbor entrance; running southeasterly to a point 34º 59.4644' N -76º 18.3497' W on the shore southeast of the harbor entrance.

Quality Seafood Basin – All those waters within the Quality Seafood Basin beginning at a point 34º 59.6560' N -76º 18.4467' W on the west shore of the basin entrance; running northeasterly to a point 34º 59.6654' N -76º 18.4358' W on the east shore of the basin entrance.

The following changes are technical revisions to closure description text:

CAPE FEAR AND SOUTHPORT AREA (B-1) – Map 47

All those waters bounded on the north and east by a line beginning on Federal Point at 33° 57.6326’ N -77° 56.5399’ W; running northwesterly to a point at 33° 57.6858’ N -77° 56.7862’ W; running southwesterly to a point near Beacon “26” at 33° 57.5325’ N -77° 57.2171’ W; running southwesterly to a point near Beacon “23” at 33° 56.2080’ N -77° 58.7519’ W; running southwesterly to a point 33° 54.4253’ N -78° 01.3831’ W near the Southport Range Marker; running southerly to a point near Beacon “2” at 33° 54.0501’ N -78° 01.2560’ W; running southeasterly to a point on Fort Caswell at 33° 53.7710’ N -78° 00.9928’ W to include all waters in Elizabeth River, Dutchman Creek, Intracoastal Waterway and all tributaries; and bounded on the west by a line beginning at a point 33° 55.2631’ N -78° 12.2881’ W on the north shore; running southerly to a point 33° 55.1839’ N -78° 12.2839’ W on the south shore.

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 supersedes maps and descriptions from PA-PC-2006, dated December 18, 2006.

D. This proclamation amends N.C. Marine Fisheries Proclamation PA-PC-2006, by the addition of Map (49) (j) and closes approximately 2 acres; Map (46) (c) and closes approximately 7 acres; Map (44) (h) and closes approximately 3 acres; Maps (33) (a), (33) (b) and (33) (c) and closes approximately 22 acres; (32) (d), (32) (e) and closes approximately 3 acres; (31) (f) and closes approximately 20 acres; by the addition of Map (21) (d) and closes approximately 72 acres; Map (24) (c) and by the addition of (24) (d) and closes approximately 1 acres; (47) (a) and does not result in any additional closures.

E. These closures are due to recent sanitary surveys in the of the Shallotte River and Lockwoods Folly areas of Brunswick County, the Myrtle Grove Sound and Wrightsville Beach areas of New Hanover County, the Broad Creek, Bogue Sound, Atlantic Beach/Morehead City and Cedar Island areas of Carteret County, and the Neuse River area of Craven County.

July 22, 2008
11:30 a.m.
PA-63-2008
/sab