Dr. Louis B. Daniel III, Director, Division of Marine Fisheries, hereby announces that effective at sunset, Thursday, February 25, 2016 the following changes in restrictions will apply to the area open to the mechanical harvest of oysters:
I. MEANS AND METHODS
MECHANICAL HARVEST RESTRICTIONS:
A. Oysters may be taken by mechanical methods (See General Information Section VII. E., G. and I. for other gear restrictions).
B. It is unlawful to transfer oysters from the catching vessel to any other vessel during oyster harvesting operations or to transport oysters by any vessel other than the vessel in which they are harvested.
C. It is unlawful to possess more than five bushels of unculled catch onboard a vessel. Only material on the culling tray is exempt from culling restrictions.
D. It is unlawful to possess unculled catch or culled catch material while underway and not engaged in mechanical harvesting.
E. It is unlawful for the catch container (bag, cage) attached to a dredge to extend more than two feet in any direction from the tooth bar.
F. It is unlawful to tow a dredge unless the point where the tow line or cable exits the vessel and goes directly into the water is on the port or starboard side of the vessel forward of the transom.
G. It is unlawful to possess a dredge while engaged in oyster harvesting activities in an area closed to the use of mechanical methods for oyster harvest.
II. HARVEST DAYS AND TIME PERIOD
Mechanical oyster harvest will be allowed Monday through Friday from sunrise until 2:00 P.M. each day. It is unlawful to fail to have oyster dredges out of the water and stowed on deck after 2:00 P.M. each weekday (See General Information Section VII. C. and F.).
III. QUANTITY
It is unlawful for persons holding a Standard Commercial Fishing License with a shellfish endorsement to take or possess more than fifteen (15) bushels of oysters per fishing operation per day, regardless of the number of persons, license holders, harvest methods or vessels involved (See General Information Section VII. I.) The harvest vessel is a part of the fishing operation.
IV. MINIMUM SIZE LIMIT
It is unlawful to possess oysters less than three (3) inches shell length for oysters taken on public or private grounds. (See General Information Section VII. I.)
V. MECHANICAL HARVEST SEASON
The season for harvesting oysters by mechanical methods shall be monitored and changes in harvest areas may be implemented by proclamation at a later date.
VI. AREA RESTRICTIONS
It is unlawful to harvest oysters by mechanical methods in the following areas:
A. 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;
B. 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;
C. 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;
D. Cunning Harbor ‑ north of a line beginning at a point 35° 20.4372’ N – 76° 13.2697′ W on the west shore of Cunning Harbor; running easterly to a point 35° 20.3413′ N ‑ 76° 12.3378′ W on the east shore of Cunning Harbor;
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E. Juniper Bay ‑ 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;
F. 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;
G. Deep Cove ‑ 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;
a point 35° 23.3404′ N ‑ 76° 26.2491′ W on Long Point;
H. 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;
I. Spencer Bay – northwest of a line beginning at a point 35° 22.3866′ N ‑ 76° 27.9225′ W on Roos Point, running northeasterly to
J. 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;
K. 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;
L. 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;
M. 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;
N. 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;
O. 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;
P. Southwestern Pamlico Sound and Neuse River and tributaries – all waters southwest and west of a line beginning at a point
35° 13.2267’ N – 76° 29.5420’ W on Sow Island Point, running southeasterly to a point near Marker “BI†35° 08.0158’ N – 76°
17.5777’ W on the eastern end of Brant Island Shoal, running southwesterly to a point 35° 01.8982’ N – 76° 21.7135’ W on Point
of Grass.
VII. GENERAL INFORMATION:
A. This proclamation is issued under the authority 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 03H .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 .0111 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 Commission Rule 15A NCAC 03K .0109.
E. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0204 lists areas closed to the use of mechanical methods to take oysters; N.C. Marine Fisheries Commission Rule 15A NCAC 03N .0104 prohibits the use of mechanical methods to take oysters or clams in primary nursery areas.
F. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0106 prohibits the taking and unloading of oysters between the hours of sunset and sunrise on any day.
G. N.C. Marine Fisheries Commission 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.
H. Crabs may be taken incidental to lawful oyster dredging in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0203.
I. N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0101(3)(m) defines mechanical methods for oyster harvest.
J. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.
K. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0209 prohibits the taking of oysters and clams and the use of mechanical methods for oyster or clam harvest in oyster sanctuaries designated in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0117.
L. Mechanical oyster harvesters may possess no more than 15 bushels of oysters while working outside of the restricted areas and may transport their catch through the restricted area to the point of landing.
M. N.C. General Statutes 113-168.2 and 113-169.2 require mechanical harvesters to hold a Standard Commercial Fishing License with a shellfish endorsement. Crewmembers working under the direction of a person who holds a valid Standard Commercial Fishing License with a shellfish endorsement are not required to hold a shellfish license.
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N. 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. The military restricted areas and danger zones shown on the proclamation maps are closed to civilian access pursuant to federal rules 33 CFR 334.410 and 334.420. These closures render these areas unavailable for oyster harvest. See enclosed oyster harvesting guide for general information on harvesting with all gears.
O. 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.
P. In accordance with Proclamation SS-1-2015:
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 N.C. Marine Fisheries Commission Rule 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.
2. 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.
Q. The intent of this proclamation is to close the Neuse River to the commercial harvest of oysters by mechanical methods from public bottom in accordance with Supplement A to Amendment 2 of the N.C. Oyster Fishery Management Plan.
R. 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 atwww.ncmarinefisheries.net.
S. This proclamation supersedes Proclamation SF-9-2015, dated December 9, 2015. It closes the Neuse River to mechanical harvesting according to management measures adopted in Supplement A to Amendment 2 of 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.
February 23, 2016
3:30 P.M.
SF-1-2016
/sab
SueAnn E. Bay
Processing Assistant IV
Divison of Marine Fisheries
Fisheries Management
(252) 808-8076
(800) 682-2632
P.O. Box 769
3441 Arendell Street
Morehead City, NC 28557