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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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IV. SHADING OF CLAMS REQUIREMENTS
It is unlawful to fail to protect clams from sun exposure from June 1 through September 30 during harvesting, storage and transport to a licensed dealer by:

(a) Providing shading over the area where the harvested clams are stored on the harvest vessel, any floating container where the clams are not submerged, transportation conveyance such as vessel or vehicle, or;
(b) Directly covering the clams with a light colored, non-toxic material such as a tarp or fabric during the operations in (a).
(c) This restriction will apply at all times during the designated time period.

V. 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; 113-221.2; 143B-289.52; and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103 and 03K .0110.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant to N.C. Marine Fisheries Commission Rule 15A NCAC 03H .0103.

C. The National Shellfish Sanitation Program Model Ordinance requires shellfish harvesters to:
1. Keep shellfish out of bilge water and protected from contamination from fuel, oil, and other contaminants;
2. Shade shellfish when necessary to reduce the chance of temperature abuse;
3. Protect shellfish from adulteration and contamination during transport;
4. Prevent cats, dogs, and other animals on harvest vessels or in any conveyance where shellfish is stored; and
5. Prevent overboard discharge of human sewage from harvest vessels.
D. The intent of the clam shading requirements in this proclamation is to:
1. Prevent heat buildup in clams from direct sunlight radiation following harvest, and during storage and transportation to the dealer. Elevated temperatures in clams can cause rapid growth of pathogenic Vibrio bacteria as well as heat stress that causes excessive mortality in the clams.
2. Adequate air space should be left between shading canopies to reduce heat buildup. Direct coverings such as tarps or fabrics shall be white or a similar light color to prevent heat buildup. During the summer months, direct heating from the sun can occur even on overcast days so shading must be provided from June 1 through September 30 at all times during harvesting,
storage and transport to a licensed dealer.
E. Licensed shellfish dealers are required to keep all shellstock under mechanical refrigeration including delivery conveyances.

F. 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.

G. Contact Shannon Jenkins at N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557
252-726-6827 or 800-682-2632 for more information or visit our website at https://deq.nc.gov/about/divisions/marine-fisheries/.

H. 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. These measures will reduce post-harvest growth of potentially hazardous, naturally occurring bacteria in these shellfish. This proclamation also requires the shading of clams June 1 through September 30 according to management measures adopted in Amendment 2 of the N.C. Hard Clam Fishery Management Plan.

 Braxton signature

 

Braxton C. Davis, Director
DIVISION OF MARINE FISHERIES

March 31, 2017
8:00 A.M.
SS-1-2017

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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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