PA-26-2009

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 shellfish area temporary 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:

BRUNSWICK / NEW HANOVER / PENDER / ONSLOW / CARTERET COUNTIES

All those waters between ICWW marker #84, near Ocean Isle Beach, and the South Carolina State Line, to include the Tubbs Inlet.

Lockwoods Folly River - All those waters north of a line beginning on the west shore at a point 33°55.7954’N - 78°13.3096’ W approximately midway between Genoes Point and Spring Creek; running southeasterly to a point 33°55.2284’N - 78°12.7791’ W near the northwest point of Horse Island, to include the open portion of the Atlantic Intracoastal Water Way north of Horse Island.

All those waters from the Intracoastal Waterway to the mainland between the Surf City Bridge and Snows Cut.

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.

North River – All those waters in North River upstream of a straight line beginning at a point at the permanent closure line near Channel Marker #56B to the mainland side of the Harkers Island Bridge at The Straits.

Whitehurst Creek - All those waters in Whitehurst Creek upstream of a straight line across the mouth.

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. These temporary closures are due to heavy rainfall and resultant runoff.


May 18, 2009
10:10 A.M.
PA-26-2009
/sab