SF-3-2004 PROCLAMATION RE: 2004 MECHANICAL HARVEST OF CLAMS Preston P. Pate, Jr., Director, Division of Marine Fisheries, hereby announces that effective at 7:30 A.M., Monday, March 1, 2004, the mechanical harvest of clams WILL OPEN with the following restrictions: I. AREA DEIONS ONSLOW/CARTERET COUNTIES Clams may be taken by mechanical methods in portions of Bogue Sound, New River, Newport River, and North River as shown by the maps in Proclamation SF-10-2003/2004, dated November 14, 2003. The Core Sound open areas are delineated by the hatched areas on the attached map. II. HARVEST DAYS/TIMES Mechanical methods may be used to take clams from 7:30 A.M. to 4:00 P.M. Mondays through Wednesdays only. III. HARVEST LIMITS A. In accordance with N.C. Marine Fisheries Rule 15A NCAC 3K .0302(a), a maximum daily harvest of 3,750 clams (15 bags at 250 clams per bag) in possession will be allowed per fishing operation in North River, Newport River and Bogue Sound. A maximum daily harvest of 5,000 clams (20 bags at 250 clams per bag) in possession will be allowed per fishing operation in Core Sound. A maximum daily harvest limit of 6,250 clams (25 bags at 250 clams per bag) in possession will be allowed per fishing operation in New River and daily harvest shall not exceed a cumulative total of 6,250 clams (25 bags at 250 clams per bag) per fishing operation in any coastal waters, regardless of the harvest methods employed. B. No person shall transfer clams from the catching vessel to any other vessel or transport clams by any vessel other than the vessel from which they are harvested.
IV. GENERAL INFORMATION
A. This proclamation is issued under the authority of G.S. 113-182; 113-221(e); 143B-289.52 and N.C. Marine Fisheries Rules 15A NCAC 3H .0103, 3I.0101 (13) and 3K .0301, .0302, .0303 and .0304.
B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority per 15A NCAC 3H .0103.
C. N.C. Marine Fisheries Rule 15A NCAC 3K .0303 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. All areas within 25 feet of privately marked and maintained navigation channels and piers, all marked shellfish leases, all polluted shellfish areas, all established beds of aquatic vegetation and natural or live oyster beds shall remain closed to the mechanical harvest of clams.
E. The Division of Marine Fisheries will place markers with green signs along the boundaries of referenced areas which will be considered the actual closure line. Unauthorized removal or relocation of any marker or sign will not change the area opened, nor shall any such unauthorized removal or relocation or the absence of any marker or sign affect the applicability of any proclamation pertaining to any such body of water or portion thereof. Where there is conflict between markers or signs and maps, maps shall prevail.
F. When markers or signs delineating the boundaries of the mechanical harvest areas are removed, destroyed, or relocated to the degree that the lines are unenforceable, or when aerial surveys reveal flagrant violations as evidenced by bottom disturbance behind the lines, the Division will close the affected water body for a period not less than one week. This time will be used for restoration of the markers or signs and correcting the alignment of the harvest area.
G. Southeastern Pamlico Sound will not open to mechanical clam harvest this year due to the rotation scheme implemented through the NC Hard Clam Fishery Management Plan.
H. This proclamation supersedes Proclamation SF-2-2004, dated February 12, 2004. This proclamation opens the normally designated mechanical harvest area in northern Core Sound north of Lookout Point west of, or on the mainland side of, the marked navigation channel. The numbers on the attached map indicate the channel marker numbers delineating the eastern closure boundary. It reopens a portion of the area closed February 16, 2004 due to the removal of signs on the eastern or banks side or Core Sound.