III. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C. General Statutes 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103 and 03K .0201.

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

C. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0102 prohibits the taking of oysters with rakes more than twelve (12) inches wide or weighing more than six (6) pounds.

D. N.C Marine Fisheries Commission Rule 15A NCAC 03K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.

E. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0202 it is unlawful to possess oysters with accumulated dead shell, accumulated oyster cultch material, a shell length less than three (3) inches, or any combination thereof that exceeds a five (5) percent tolerance limit by volume.

F. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 0.K .0205 it is unlawful for lease or franchise holders or their designees to take or possess oysters from public bottom while possessing aboard a vessel oysters taken from shellfish leases or franchises.

G. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0209 prohibits the taking of oysters from oyster sanctuaries designated in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0117.

H. In accordance with Proclamation SS-1-2019 (http://portal.ncdenr.org/web/mf/proclamation-ss-01-2019):

1. It is unlawful to possess oysters or clams in a commercial fishing operation without a harvest tag recording the time of the start of harvest, and information as described in 15A NCAC 03K .0109, affixed to each container of oysters. The time of the start of harvest shall be the time when the first oyster is initially removed from the water.
2. It is unlawful for harvesters to fail to deliver oysters harvested from Coastal Fishing Waters to a licensed shellfish dealer within 12 hours of the time of the start of harvest.

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. Polluted Area maps can be found at http://portal.ncdenr.org/web/mf/shellfish-closure-maps.

J. In accordance with N.C. General Statute 113-221.1(c) all persons who may be affected by proclamations issued by the Fisheries Director are under a duty to keep themselves informed of current proclamations.

K. The intent of this proclamation is to continue to open the season to the harvest of oysters by hand and hand operated implements only in Internal Coastal Waters, and reflects harvest limits by license type in accordance with the N.C. Oyster Fishery Management Plan Amendment 4.

L. Contact N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557 252-726-7021 or 800-682-2632 for more information or visit the division website at http://portal.ncdenr.org/web/mf/

M. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0201, this proclamation opens the season for harvest of oysters by hand methods in Internal Coastal Waters.

N. This proclamation opens the season for harvest of oysters by hand methods in Internal Coastal Waters and reflects harvest limits by license type in accordance with the N.C. Oyster Fishery Management Plan Amendment 4. The harvest of oysters by hand methods in Internal Coastal Waters will close on March 31, 2020 in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0201, unless closed sooner by proclamation.

Stephen W. Murphey, Director
DIVISION OF MARINE FISHERIES, DEQ

October 4, 2019
11:22 A.M.
SF-4-2019