VII. GENERAL INFORMATION:
A. This proclamation is issued under the authority N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52; and Marine Fisheries Rules 15A NCAC 03H .0103, 03K .0201 and .0202.
B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to Marine Fisheries Rule 15A NCAC 03H .0103.
C. Marine Fisheries Rule 15A NCAC 03K .0206 requires a permit for the use of mechanical gear on private bottoms. Permits are available, at no cost, from all Division of Marine Fisheries License Offices.
D. It is unlawful to possess or sell oysters without a harvest tag affixed to each container in accordance with Marine Fisheries Rule 15A NCAC 03K .0101 (d).
E. Marine Fisheries Rule 15A NCAC 03K .0204 lists areas closed to the use of mechanical methods to take oysters; 15A NCAC 03N .0104 prohibits the use of mechanical methods to take oysters or clams in primary nursery areas.
F. Marine Fisheries Rule 15A NCAC 03K .0209 prohibits the taking of oysters and clams and the use of mechanical methods for oystering or clamming in oyster sanctuaries designated in Marine Fisheries Rule 15A NCAC 03R .0117.
G. Marine Fisheries Rule 15A NCAC 03K .0106(a) prohibits the taking of oysters between the hours of sunset and sunrise on any day.
H. Marine Fisheries Rule 15A NCAC 03J .0303 prohibits the use of dredges weighing more than 100 pounds except in the Atlantic Ocean; prohibits the use of more than one dredge per vessel to take oysters or crabs; and prohibits possession of oysters aboard a vessel with a dredge weighing more than 100 pounds.
I. Marine Fisheries Rule 15A NCAC 03I .0101(14) defines mechanical methods for oystering.
J. Marine Fisheries Rule 15A NCAC 03K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.
K. This proclamation supersedes Proclamation SF-8-2012, dated December 14, 2012 and adds C. through G. in section I. Means and Methods. It closes Neuse River and part of southwestern Pamlico Sound to mechanical harvesting due to failure to meet the 26% legal-sized threshold approved by the Marine Fisheries Commission and closes Pamlico Sound bays to mechanical harvesting pursuant to the provisions in Amendment 2 to the N.C. Oyster Fishery Management Plan. Hand harvest of oysters will remain open in non-polluted waters in these areas according to the established harvest limits.
December 19, 2012
|N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632 |