2006/07 OYSTER RESTRICTIONS

2006/07 OYSTER RESTRICTIONS

Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at sunrise, Saturday, December 30, 2006 mechanical harvest of oysters will be allowed and the following changes in restrictions will apply:

I. MEANS AND METHODS
MECHANICAL HARVEST RESTRICTIONS:
1. Oysters may be taken by mechanical methods (See General Information Section VI. E.,G. and H. for other gear restrictions).
2. Oysters shall not be transferred from the catching vessel to any other vessel during oyster harvesting operations or be transported by any vessel other than the vessel in which they are harvested.

II. HARVEST DAYS
Mechanical oyster harvest will be allowed Monday through Friday. (See General Information Section VI. C. and F.).

III. QUANTITY
Properly licensed persons may take or possess no more than fifteen (15) bushels of oysters per fishing operation, regardless of the number of persons or vessels involved. (See General Information Section VI. J.)

IV. MINIMUM SIZE LIMIT
The size limit shall be three (3) inches shell length for oysters taken on public or private grounds. (See Section VI. J.)

V. MECHANICAL HARVEST SEASON
The season for harvesting oysters by mechanical methods shall close at sunset on January 12, 2007 unless superseded by an earlier proclamation.

V. AREA RESTRICTIONS
Oysters shall not be harvested by mechanical methods in the following areas (see General Information Section VI. E.):
1. Proclamation SF-8-2006 designated Shellfish Management Areas in Croatan Sound, Crab Hole and Clam Shoal (Dare County); Deep Bay, off Ocracoke, and West Bluff Bay (Hyde County); West Bay and Neuse River near Turnagain Bay (Carteret County); and Middle Bay (Pamlico County) that closed these sites to the harvest of oysters and clams.
2. Wysocking Bay – northwest of a line beginning at a point 35° 22.9684′ N 76° 03.7129′ W on Benson Point, running northeasterly to a point 35° 24.6895′ N 76° 01.3155′ W on Long Point;
3. East Bluff Bay – northwest of a line beginning at a point 35° 19.5333’ N – 76° 09.3333’ W on Bluff Point; running northeasterly to a point 35° 21. 2784’ N – 76° 06. 7572’ W on North Bluff Point;
4. West Bluff Bay – north of a line beginning at a point 35° 20.3413’ N – 76° 12.3378’ W on the east shore of Cunning Harbor; running easterly to a point 35° 19.5333’ N – 76° 09.3333’ W on Bluff Point;
5. Juniper Bay Cunning Harbor north of a line beginning at a point 35° 20.6217′ N 76° 15.5447′ W on the west shore of Juniper Bay, running easterly to a point 35° 20.4372′ N – 76° 13.2697′ W; running easterly to a point 35° 20.3413′ N 76° 12.3378′ W on the east shore of Cunning Harbor;
6. Swanquarter Bay north of a line beginning at a point 35° 20.9500′ N – 76° 20.6409′ W at The Narrows, running easterly to a point 35° 21.5959′ N 76° 18.3580′ W on the east shore;
7. Deep Cove The Narrows north and east of a line beginning at a point 35° 20.9790′ N 76° 23.8577′ W on the west shore; running southeasterly to a point 35° 20.5321′ N 76° 22.7869′ W on Swanquarter Island, and west of a line at The Narrows beginning at a point 35° 20.9500′ N 76° 20.6409′ W on the north shore, running southerly to a point 35° 20.7025′ N 76° 20.5620′ W on Swanquarter Island;
8. Rose Bay north of a line beginning at a point 35° 23.3404′ N 76° 26.2491′ W on Long Point, running southeasterly to a point 35° 22.4891′ N 76° 25.2012′ W on Drum Point;
9. Spencer Bay – northwest of a line beginning at a point 35° 22.3866′ N 76° 27.9225′ W on Roos Point, running northeasterly to a point 35° 23.3404′ N 76° 26.2491′ W on Long Point;






PROCLAMATION SF-11-2006
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10. Jones Bay west of a line beginning at a point 35° 13.4968′ N 76° 31.1040′ W on Mink Trap Point; running southerly to a point 35° 12.3253′ N 76° 31.2767′ W on Boar Point;
11. Slade Creek – east of a line beginning at a point 35° 27.8879′ N 76° 32.9906′ W on the west shore; running southeasterly to a point 35° 27.6510′ N 76° 32.7361′ W on the east shore;
12. Scranton Creek – south and east of a line beginning at a point 35° 30.6810′ N 76° 28.3435′ W on the west shore; running easterly to a point 35° 30.7075′ N 76° 28.6766′ W on the east shore;
13. Pungo Creek – west of a line beginning at a point 35° 30.7633′ N 76° 38.2831′ W on Persimmon Tree Point; running southwesterly to a point 35° 31.1546′ N 76° 37.7590′ W on Windmill Point;
14. South Creek – west of a line beginning at a point 35° 21.7385′ N 76° 41.5907′ W on Hickory Point; running southerly to a point 35° 20.7534′ N 76° 41.7870′ W on Fork Point;
15. Bond Creek/Muddy Creek – south of a line beginning 35° 20.7534′ N 76° 41.7870′ W on Fork Point; running southeasterly to a point 35° 20.5632′ N 76° 41.4645′ W on Gum Point;
16. Goose Creek – south of a line beginning at a point 35° 19.7932’ N – 76° 37.5347’ W on the north shore of Lower Spring Creek; running easterly to a point 35° 19.8667’ N – 76°35.9333’ W on Fulford Point;
17. Bay River – west of a line beginning at a point 35° 11.0333’ N – 76° 31.5666’ W on Bay Point; running southerly to a point 35° 09.0333’ N – 76° 32.1500’ W on Maw Point;
18. Adams Creek – south of a line beginning at a point 34° 57.3104’ N – 76° 41.1292’ W on the north shore of Godfrey Creek; running westerly to a point 34° 57. 5226’ N – 76° 40. 5630’ W on the east shore;
19. South River – southeast of a line beginning at a point 34° 58. 6524’ N – 76° 35. 4240’ W; running northeasterly to a point 34° 59.1936’ N – 76° 34.7657’ W on the west shore of Horton Bay;
20. West Bay – south of a line beginning at a point 35° 01.5700’ N – 76° 25.2850’ W on Newstump Point; running westerly to a point 35° 01.8982’ N – 76° 21.7135’ W on Point of Grass.

VI. GENERAL INFORMATION:
A. This proclamation is issued under the authority N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-183; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3K .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 N.C. Marine Fisheries Rule 15A NCAC 3H .0103.
C. N.C. Marine Fisheries Rule 15A NCAC 3K .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 N.C. Marine Fisheries Rule 15A NCAC 3K .0101 (d).
E. N.C. Marine Fisheries Rule 15A NCAC 3K .0204 lists areas closed to the use of mechanical methods to take oysters; 15A NCAC 3N .0104 prohibits the use of mechanical methods to take oysters or clams in primary nursery areas.
F. N.C. Marine Fisheries Rule 15A NCAC 3K .0106(a) prohibits the taking of oysters between the hours of sunset and sunrise on any day.
G. N.C. Marine Fisheries Rule 15A NCAC 3J .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.
H. N.C. Marine Fisheries Rule 15A NCAC 3I .0101(14) defines mechanical methods for oystering.
I. This proclamation supersedes SF-9-2006, dated October 19, 2006, places further restrictions on areas where oysters may be harvested by mechanical methods and extends the season for mechanical harvest in remaining open areas.
J. N.C. Marine Fisheries Rule 15A NCAC 3K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.