April 18, 2007

Ladies & Gentlemen:

Due to Paralytic Shellfish Poison (PSP) toxin (also known as “Red Tide”) in shellfish and reported elevated phytoplankton levels of the dinoflagellate Alexandrium tamarense, the Division of Marine Fisheries has closed the below-defined Nauset Marsh System.

Therefore, under authority of Massachusetts General Laws, Chapter 130, Section 74A and 75, the status of the below-defined areas have been changed to "CLOSED TO SHELLFISHING", effective immediately. Digging, harvesting or collecting and/or attempting to dig, harvest or collect shellfish and the possession of shellfish, including carnivorous snails, from the below- defined areas is prohibited.

Under authority of 322 CMR 7.01(7) all permits issued thereunder are hereby conditioned to prohibit the taking, selling or possession of shellfish from the below-defined areas.

AREAS CLOSED TO THE HARVEST OF ALL SHELLFISH

NAUSET SYSTEM OC:2-OC:6

OC:2 NAUSET HARBOR, EASTHAM/ORLEANS

The waters, flats and all tributaries of Nauset Harbor in the Towns of Eastham and Orleans,
northerly of a line drawn across the mouth of Mill Pond in the Town of Orleans; southerly of
a line drawn across the Middle Channel at the Eastham/Orleans town line; southerly of a line
drawn across the southern mouth of the Hemenway River in the Town of Eastham; and
easterly of a line drawn across the mouth of Town Cove.

OC:3 MILL POND, ORLEANS

The waters, flats and all tributaries of Mill Pond in the Town of Orleans, southerly of a line
drawn across the mouth of Roberts Cove.

OC:4 TOWN COVE, ORLEANS/EASTHAM

The waters, flats and all tributaries of Town Cove in the Towns of Eastham and Orleans,
southwesterly of a line drawn from Snow Point in the Town of Orleans to the western side of
the mouth to the Hemenway River at Fort Hill in the Town of Eastham.

OC:5 NAUSET MARSH, EASTHAM

The waters, flats and all tributaries of Nauset Marsh in the Town of Eastham, northerly of a
line drawn across the Middle Channel at the Eastham/Orleans Town Line; westerly of a line
drawn across the mouth of Nauset Harbor; northerly of a line drawn across the mouth of the
Hemenway River at Fort Hill in the Town of Eastham; and easterly of a line drawn across
the entrance of Salt Pond in the Town of Eastham.

OC:6 SALT POND, EASTHAM

The waters, flats and all tributaries of Salt Pond in the Town of Eastham, westerly of a line
drawn across the mouth of Salt Pond.

Sincerely,
______________________
Paul J. Diodati
Director

cc: J. Hanlon, R. Arduini, K. Dolan, P. Hanlon, R. Chausse, DELE
D. McKiernan, M. Hickey, DMF, D. Whittaker, DMF
WPC, DEP
FDA
DPH
H. Lind, Eastham Shellfish Constable
D. Farber, Orleans Shellfish Constable