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North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation SS-01-2017

Marine Fisheries

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SS-1-2017

PROCLAMATION

RE: SHELLFISH TEMPERATURE CONTROLS

This proclamation supersedes SS-1-2016 dated March 29, 2016. It reestablishes the National Shellfish Sanitation Program requirements that mandate measures to control the temperature of oysters and clams after harvest. This proclamation also requires the shading of clams June through September according to management measures adopted in Amendment 2 of the N.C. Hard Clam Fishery Management Plan.

Braxton C. Davis, Director, Division of Marine Fisheries, hereby announces that effective immediately, the following restrictions will apply to the harvest, transport, and storage of oysters and clams taken from Coastal Fishing Waters:

I. TIME PERIOD AND FISHERIES

The following restrictions are in effect for all commercial oyster and clam harvesting operations for the time periods listed below:

A. Year round for clams (Tagging, Transport and Storage Requirements);

B. October through March for oysters (Tagging, Transport and Storage Requirements);

C. June through September (Shading of Clams).

Relaying and transplanting activities are not considered harvesting operations.

II. TAGGING REQUIREMENTS

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 or clams. The time of the start of harvest shall be the time when the first oyster or clam is initially removed from the water.

III. TRANSPORT AND STORAGE RESTRICTIONS

A. It is unlawful for harvesters to fail to deliver oysters and clams harvested from Coastal Fishing Waters to a licensed shellfish dealer within 12 hours of the time of the start of harvest.

B. It is unlawful for a licensed shellfish dealer to receive oysters or clams from Coastal Fishing Waters where the interval between the time of the start of harvest on the harvest tag attached to the container holding the oysters or clams and the time of receipt exceeds 12 hours.

C. It is unlawful for a licensed shellfish dealer to fail to record the following information at the time of receipt of oysters or clams from Coastal Fishing Waters:
1. Harvester;
2. Harvest area;
3. Time of the start of harvest;
4. Quantity and type of shellfish received;
5. Time shellfish were received; and
6. Time shellfish were refrigerated.
D. It is unlawful for a licensed shellfish dealer to fail to place oysters and clams under mechanical refrigeration within two hours of receipt from a harvester.
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N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632

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