reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0206 - SHELLFISH LEASE APPLICATION: REQUEST FOR REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any member of the public shall be allowed an opportunity to comment on any
				  shellfish lease application during the public comment period and subsequent
				  public hearing at which the lease application is being considered by the
				  Secretary as set forth in
				  G.S.
				  113-202.
(b) Procedures for how an applicant or a
				  person other than the applicant who is aggrieved may proceed with a contested
				  case based on dissatisfaction of the Secretary's decision on a shellfish lease
				  application are provided in
				  G.S.
				  113-202(g). Additionally, a
				  person other than the applicant who is aggrieved may submit a request for a
				  determination of the appropriateness of a contested case hearing. The request
				  and any supporting documentation for the basis of the aggrieved person seeking
				  to commence a contested case shall be submitted within 30 days after the
				  disputed decision is made to the Shellfish Cultivation Lease Review Committee
				  and addressed to the Marine Fisheries Commission Office, Division of Marine
				  Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557. The
				  request shall be submitted on a form provided by the Division.
(c) The Shellfish Cultivation Lease Review
				  Committee shall notify the aggrieved person of the date of the public meeting
				  for the Committee to consider the request no later than seven calendar days
				  before the date of the public meeting.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 143B-289.52;
					 143B-289.57;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1994; September 1,
					 1991;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0207 - SHELLFISH LEASE AND FRANCHISE PRODUCTION REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The holder or holders of a shellfish
				  lease or franchise shall provide an annual production report to the Division of
				  Marine Fisheries by March 31 of each year showing the amounts of material
				  planted, purchased, and harvested; where and when the material was obtained;
				  and when the material was planted in accordance with Rules .0201 and .0202 of
				  this Section. The report shall include documentation of purchased seed in
				  accordance with Rule .0201 of this Section.
(b) The Division shall provide reporting
				  forms annually to each shellfish lease or franchise holder to be used for the
				  annual production report.
(c)
				  Failure by the holder or holders of the shellfish lease or franchise to submit
				  the required annual production report or filing an incomplete report or a
				  report containing false information constitutes grounds for termination as set
				  forth in Rule .0208 of this Section.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 113-202.1;
					 113-202.2;
					 113-206;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. September 1, 1991;
Readopted Eff. June 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0208 - TERMINATION PROCEDURES FOR SHELLFISH LEASES AND FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Procedures for termination of shellfish
				  leases and franchises are provided in
				  G.S.
				  113-202.
(b) Consistent with
				  G.S.
				  113-202(l1) and
				  G.S.
				  113-201(b), a shellfish
				  lease or franchise holder that failed to meet the requirements in
				  G.S.
				  113-202,
				  G.S.
				  113-202.1,
				  G.S.
				  113-202.2, or the rules of this Section that
				  govern a determination of failure to utilize the lease on a continuing basis
				  for the commercial production of shellfish may be granted a single extension
				  period of no more than two years per contract period upon a showing of hardship
				  by written notice to the Fisheries Director or the Fisheries Director's
				  designee received prior to the expiration of the lease term that documents one
				  of the following occurrences caused or will cause the lease or franchise holder
				  to fail to meet lease requirements:
(1) death,
				  illness, or incapacity of the shellfish lease or franchise holder or the
				  holder's immediate family as defined in
				  G.S.
				  113-168 that prevented or will prevent the
				  lease or franchise holder from working the lease;
(2) damage to the shellfish lease or
				  franchise from hurricanes, tropical storms, or other severe weather events
				  recognized by the National Weather Service;
(3) shellfish mortality caused by disease,
				  natural predators, or parasites; or
(4) damage to the shellfish lease or
				  franchise from a manmade disaster that triggers a state emergency declaration
				  or federal emergency declaration.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0209 - ASSIGNMENT OF SHELLFISH LEASES AND FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For the purpose of effecting assignments of shellfish leases or franchises in
				  accordance with this Rule:
(1) "transfer"
				  shall be defined as any permanent assignment of a shellfish lease or franchise,
				  in whole or in part.
(2) "sublease"
				  shall be defined as any temporary assignment of a shellfish lease or franchise,
				  in whole or in part.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0210 - STANDARDS AND REQUIREMENTS FOR FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Shellfish Management Plans, prepared in accordance with the standards in Rule
				  .0202 of this Section, shall be provided to the Division of Marine Fisheries
				  within 30 days following formal recognition of a valid chain of title and at
				  ten-year intervals thereafter.
(b)
				  The Shellfish Management Plan requirements in Paragraph (a) of this Rule and
				  all other requirements and conditions of this Section affecting management of
				  franchises shall apply to all valid franchises.
(c) Commercial production requirements for
				  franchises shall be identical to that required for shellfish bottom leases in
				  accordance with Rules .0201 and .0207 of this Section averaged over the most
				  recent three-year period after January 1 following the second anniversary of
				  the dates of recognition of claims as valid franchises and continuing
				  throughout the term of Shellfish Management Plans required in Paragraph (a) of
				  this Rule.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 113-202.2;
					 113-205;
					 113-206;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. October 1, 2008; September 1,
					 1991;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0211 - PROTECTION OF PRIVATE SHELLFISH INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to use any trawl net, long haul seine, swipe
					 net, dredge, or mechanical method for clams or oysters on any shellfish lease
					 or franchise unless it has been duly authorized by the Fisheries Director as
					 provided in
					 15A NCAC
					 03K .0206 and
					 03K .0303.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
Eff. October
					 1, 1992;
Amended Eff. August 1,
					 1998.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0300 - RECREATIONAL COMMERCIAL GEAR LICENSES › Section 03O .0301 - ELIGIBILITY FOR RECREATIONAL COMMERCIAL GEAR LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful for any individual to hold
				  more than one Recreational Commercial Gear License.
(b) Recreational Commercial Gear Licenses
				  shall only be issued to individuals.
Filed as a Temporary
					 Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 113-134;
					 113-170.4;
					 113-173;
					 113-221;
					 143B-289.52;
Eff.
					 February 1, 1995;
Temporary Amendment Eff. July 1,
					 1999;
Amended Eff. August 1,
					 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0300 - RECREATIONAL COMMERCIAL GEAR LICENSES › Section 03O .0303 - RECREATIONAL COMMERCIAL GEAR LICENSE POSSESSION LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to possess more than a
				  single recreational possession limit when only one person aboard a vessel
				  possesses a valid Recreational Commercial Gear License and recreational
				  commercial fishing equipment as defined in
				  15A NCAC
				  03O .0302(a) is used,
				  regardless of the number of persons on board.
(b) It is unlawful to possess individual
				  recreational possession limits in excess of the number of individuals aboard a
				  vessel holding valid Recreational Commercial Gear Licences except as provided
				  in Paragraph (f) of this Rule.
(c)
				  It is unlawful for any person who holds both a Recreational Commercial Gear
				  License and a Standard or Retired Standard Commercial Fishing License and who
				  is in possession of identified recreational commercial fishing equipment as
				  defined in
				  15A NCAC
				  03O .0302(a), to exceed the
				  single recreational possession limit.
(d) It is unlawful for persons aboard a
				  vessel collectively holding only one Recreational Commercial Gear License and
				  any Standard Commercial Fishing License or Retired Standard Commercial Fishing
				  License and who are in possession of any identified recreational commercial
				  fishing equipment as defined in
				  15A NCAC
				  03O .0302(a), to exceed one
				  recreational possession limit.
(e)
				  It is unlawful to possess more than 48 quarts, heads on, or 30 quarts, heads
				  off, of shrimp when only one person aboard a vessel possesses a valid
				  Recreational Commercial Gear License and recreational commercial fishing
				  equipment as defined in
				  15A NCAC
				  03O .0302(a) is
				  used.
(f) It is unlawful to possess
				  more than 96 quarts, heads on or 60 quarts, heads off, of shrimp if more than
				  one person aboard a vessel possesses a valid Recreational Commercial Gear
				  License and recreational commercial fishing equipment as defined in
				  15A NCAC
				  03O .0302(a) is
				  used.
Authority
					 G.S.
					 113-134;
					 113-170.4;
					 113-173;
					 143B-289.52;
Temporary Adoption Eff. August 9, 1994, for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff.
					 February 1, 1995;
Temporary Amendment Eff. June 7,
					 1998;
Amended Eff. April 1, 1999;
Temporary Amendment
					 Eff. July 1, 1999;
Amended Eff. July 1, 2006; August 1,
					 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0300 - RECREATIONAL COMMERCIAL GEAR LICENSES › Section 03O .0304-.0310

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 113-134;
					 113-153.1; 1993 (Regular Session
					 1994), c. 576, s. 3; 143B-289.52;
Eff. February 1,
					 1995;
Temporary Repeal Eff. July 1, 1999;
Repealed Eff.
					 August 1, 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0401 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Chair of the Marine Fisheries
				  Commission, the Secretary of the Department of Environmental Quality, and the
				  Fisheries Director may each name a designee and an alternate designee to serve
				  on the Standard Commercial Fishing License Eligibility Board as their
				  representative in their absence.
(b) The Standard Commercial Fishing License
				  Eligibility Board shall not review an application for eligibility without a
				  quorum of the Eligibility Board members or designees being present. Two or more
				  members of the Standard Commercial Fishing License Eligibility Board or their
				  designees constitute a quorum.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52; S.L. 1998-225, s.
					 4.24;
Temporary Adoption Eff. April 1, 1999;
Eff.
					 August 1, 2000;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0402 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY APPLICATION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application forms for determination of
				  eligibility for the Standard Commercial Fishing License Eligibility Pool are
				  available at all offices of the Division of Marine Fisheries and online at
https://deq.nc.gov/about/divisions/marine-fisheries/licenses-permits-and-leases/commercial-fishing-licenses/eligibility-pool
and shall be submitted to any Office of the Division for processing.
(b) Only one application per individual for
				  determination of eligibility for the Standard Commercial Fishing License
				  Eligibility Pool shall be accepted or may be pending at any one time. An
				  applicant may have only one entry in the Standard Commercial Fishing License
				  Eligibility Pool at any one time.
(c) Individuals who currently hold or are
				  eligible to purchase a Standard or Retired Standard Commercial Fishing License
				  shall not be eligible to apply for additional Standard Commercial Fishing
				  Licenses through the Standard Commercial Fishing License Eligibility
				  Pool.
(d) If an applicant has died
				  or becomes ineligible and is subsequently selected from the Standard Commercial
				  Fishing License Eligibility Pool, that license eligibility shall automatically
				  revert to the Eligibility Pool.
(e)
				  Persons claiming retirement from commercial fishing or transferring their
				  Standard Commercial Fishing License shall not be eligible to apply for a
				  Standard Commercial Fishing License through the Standard Commercial Fishing
				  License Eligibility Pool for two years from the date of the last transfer,
				  except as provided in Rule .0404(3) of this Section.
(f) Applicants shall notify the Division
				  within 30 days of a change of address.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52; S.L. 1998-225, s.
					 4:24;
Temporary Adoption Eff. April 1, 1999;
Eff.
					 August 1, 2000;
Amended Eff. October 1, 2008; February 1,
					 2008;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0403 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY BOARD REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After determination of eligibility by the
				  Standard Commercial Fishing License Eligibility Board, applicants will be
				  notified in writing as to the applicant meeting or not meeting required
				  eligibility criteria for the Standard Commercial Fishing License Eligibility
				  Pool.
(b) The Marine Fisheries
				  Commission shall determine the number of licenses available from the Standard
				  Commercial Fishing License Eligibility Pool at its first regularly scheduled
				  meeting following July 1 of each year.
(c) The Standard Commercial Fishing License
				  Eligibility Board shall meet to review applications as often as deemed
				  necessary by the Chair of the Eligibility Board.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52; S.L. 1998-225, s.
					 4.24;
Temporary Adoption Eff. April 1, 1999;
Eff.
					 August 1, 2000;
Amended Eff. February 1, 2008;
Readopted Eff. June 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0404 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
In determining eligibility of an applicant for the Standard
					 Commercial Fishing License Eligibility Pool, the Standard Commercial Fishing
					 License Eligibility Board shall apply the following criteria:
(1) involvement in commercial fishing:
(a) significant involvement in the commercial
				  fishing industry for three of the last five years;
(b) significant involvement in commercial
				  fishing or in the commercial fishing industry prior to the last five
				  years;
(c) in the case of an
				  applicant who is under 16 years of age, significant involvement in commercial
				  fishing for two out of the last five years with a parent, legal guardian,
				  grandparent, or other adult; or
(d)
				  significant involvement of the applicant's family in commercial fishing. For
				  the purpose of this Sub-Item, family shall include mother, father, brothers,
				  sisters, spouse, children, grandparents, or legal guardian.
For the purposes of this Rule, "significant involvement"
					 shall mean persons or corporations who are engaged in the actual taking of fish
					 for sale, from the waters of the State, or other states, jurisdictions, or
					 federal waters, or any licensed dealer or the dealer's employees who purchase
					 fish at the point of landing. Significant involvement does not include
					 activities such as those who transport fish from the point of landing, those
					 who sell or make commercial or recreational fishing gear, those who operate
					 bait and tackle shops unless they are engaged in the actual taking of bait for
					 sale, or those who work in fish markets or crab picking operations;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0405 - APPLICATION DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Documentation for applications:
(1) Statements from individuals verifying the
				  applicant=s involvement must contain the individual=s name, address and
				  telephone number and must be notarized.
(2) Proof of income derived from commercial
				  fishing or the commercial fishing industry. Proof of this income shall be tax
				  records.
(3) The extent to which
				  the applicant has complied with federal and state laws, regulations, and rules
				  relating to coastal fishing and protection of the environment. Federal
				  compliance will be verified by a notarized statement from the applicant that he
				  has complied with federal laws.
(4)
				  All documents required by this Rule must be notarized.
(5) Applications shall be legible and
				  complete or they will be returned.
(6) It is unlawful to submit false statements
				  on applications or supporting documents. If eligibility is based on false
				  information provided by the applicant, this eligibility is automatically
				  revoked.
Authority
					 G.S.
					 113-134;
					 143B-289.52; S.L. 1998-225, s.
					 4.24;
Temporary Adoption Eff. April 1, 1999;
Eff.
					 August 1, 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0400 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY › Section 03O .0406 - STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY POOL CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Annual certification to maintain an eligible application in
					 the Standard Commercial Fishing License Eligibility Pool shall be as
					 follows:
(1) the applicant shall
				  certify that the information on the applicant's original application is correct
				  and that the applicant desires to remain in the Standard Commercial Fishing
				  License Eligibility Pool. A certification form shall be provided and mailed to
				  the applicant at the last known address by the Division of Marine
				  Fisheries;
(2) the certification
				  form with any changes, such as address, phone number, or updated fisheries
				  involvement information since the last application or certification, shall be
				  notarized and submitted to the Division within 12 months of the initial
				  application and annually thereafter; and
(3) failure to return certification that an
				  application is correct or with changes within 30 days from when the Division
				  mailed the form to the applicant shall result in the application being removed
				  from the Standard Commercial Fishing License Eligibility Pool. An applicant
				  that has been removed from the Standard Commercial Fishing License Eligibility
				  Pool shall receive a notice from the Division.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52; S.L. 1998-225, s.
					 4.24;
Temporary Adoption Eff. April 1, 1999;
Eff.
					 August 1, 2000;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0501 - PROCEDURES AND REQUIREMENTS TO OBTAIN PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  obtain a Division of Marine Fisheries permit, an applicant, responsible party,
				  or person holding a power of attorney shall provide the following information:
(1) the full name, physical address, mailing
				  address, date of birth, and signature of the applicant on the application and,
				  if the applicant is not appearing before a license agent or the designated
				  Division of Marine Fisheries contact, the applicant's signature on the
				  application shall be notarized;
(2)
				  a current picture identification of the applicant, responsible party, or person
				  holding a power of attorney, acceptable forms of which shall include driver's
				  license, North Carolina Identification card issued by the North Carolina
				  Division of Motor Vehicles, military identification card, resident alien card
				  (green card), or passport or, if applying by mail, a copy thereof;
(3) for permits that require a list of
				  designees, the full names and dates of birth of the designees of the applicant
				  who will be acting pursuant to the requested permit;
(4) certification that the applicant and his
				  or her designees do not have four or more marine or estuarine resource
				  convictions during the previous three years;
(5) for permit applications from business
				  entities:
(A) the business name;
(B) the type of business entity: corporation,
				  "educational institution" as defined in
				  15A NCAC
				  03I .0101, limited liability company (LLC),
				  partnership, or sole proprietorship;
(C) the name, address, and phone number of
				  responsible party and other identifying information required by this Subchapter
				  or rules related to a specific permit;
(D) for a corporation applying for a permit
				  in a corporate name, the current articles of incorporation and a current list
				  of corporate officers;
(E) for a
				  partnership that is established by a written partnership agreement, a current
				  copy of such agreement shall be provided when applying for a permit;
				  and
(F) for business entities other
				  than corporations, copies of current assumed name statements if filed with the
				  Register of Deeds office for the corresponding county and copies of current
				  business privilege tax certificates, if applicable; and
(6) additional information as required for
				  specific permits.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0502 - PERMIT CONDITIONS; GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
The following conditions apply to all permits issued by the
					 Fisheries Director:
(1) it is unlawful
				  to operate under the permit except in areas, at times, and under conditions
				  specified on the permit;
(2) it is
				  unlawful to operate under a permit without having the permit or copy thereof in
				  possession of the permittee or his or her designees at all times of operation
				  and the permit or copy thereof shall be ready at hand for inspection, except
				  for Pound Net Permits;
(3) it is
				  unlawful to operate under a permit without having a current picture
				  identification in possession and ready at hand for inspection;
(4) it is unlawful to refuse to allow
				  inspection and sampling of a permitted activity by an agent of the
				  Division;
(5) it is unlawful to
				  fail to provide complete and accurate information requested by the Division in
				  connection with the permitted activity;
(6) it is unlawful to hold a permit issued by
				  the Fisheries Director when not eligible to hold any license required as a
				  condition for that permit as stated in
				  15A NCAC
				  03O .0501;
(7) it is unlawful to fail to provide reports
				  within the timeframe required by the specific permit conditions;
(8) it is unlawful to fail to keep such
				  records and accounts as required by the rules in this Chapter for determination
				  of conservation policy, equitable and efficient administration and enforcement,
				  or promotion of commercial or recreational fisheries;
(9) it is unlawful to assign or transfer
				  permits issued by the Fisheries Director, except for Pound Net Permits as
				  authorized by
				  15A NCAC
				  03J .0504;
(10) the Fisheries Director, or his agent,
				  may, by conditions of the permit, specify any or all of the following for the
				  permitted purposes:
(a) species;
(b) quantity or size;
(c) time period;
(e) location;
(d) means and methods;
(f) disposition of resources;
(g) marking requirements; or
(h) harvest conditions.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0503 - PERMIT CONDITIONS; SPECIFIC

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Aquaculture Operation Permit and Aquaculture Collection Permit:
(1) It shall be unlawful to conduct
				  aquaculture operations using marine and estuarine resources without first
				  securing an Aquaculture Operation Permit from the Fisheries Director.
(2) It shall be unlawful:
(A) to take marine and estuarine resources
				  from Coastal Fishing Waters for aquaculture purposes without first obtaining an
				  Aquaculture Collection Permit from the Fisheries Director;
(B) to sell or use for any purpose not
				  related to North Carolina aquaculture marine and estuarine resources taken
				  pursuant to an Aquaculture Collection Permit; or
(C) to fail to submit to the Fisheries
				  Director an annual report, due on December 1 of each year on the form provided
				  by the Division of Marine Fisheries, stating the amount and disposition of
				  marine and estuarine resources collected under authority of an Aquaculture
				  Collection Permit.
(3)
				  Lawfully permitted shellfish relaying activities authorized by
				  15A NCAC
				  03K .0103 and
				  03K .0104 shall be exempt from
				  requirements to have an Aquaculture Operation Permit or Aquaculture Collection
				  Permit issued by the Fisheries Director.
(4) Aquaculture Operation Permits and
				  Aquaculture Collection Permits shall be issued or renewed on a calendar year
				  basis.
(5) It shall be unlawful to
				  fail to provide the Division with a listing of all designees acting pursuant to
				  an Aquaculture Collection Permit at the time of application.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0504 - SUSPENSION/REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For violation of specific permit conditions (as specified on the permit),
				  permits may be suspended or revoked according to the following schedule:
(1) violation of one specific condition in a
				  three year period, permit shall be suspended for 10 days;
(2) violation of two specific conditions in a
				  three year period, permits shall be suspended for 30 days;
(3) violation of three specific conditions in
				  a three year period, permits shall be revoked for a period not less than six
				  months.
If the permit condition violated is the refusal to provide
					 information upon request by Division staff, either by telephone, in writing or
					 in person, the Fisheries Director may suspend the permit. Such permit may be
					 reinstated 10 days after the requested information is provided.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0505 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-169.1;
					 113-169.3;
					 113-182;
					 143B-289.52;
Temporary Adoption Eff. August 1, 2000; May 1, 2000;
Temporary
					 Repeal Eff. September 1, 2000;
Temporary Rule Expired April 13,
					 2001.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0500 - PERMITS › Section 03O .0506 - SPECIAL PERMIT REQUIRED FOR SPECIFIC MANAGEMENT PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
The Fisheries Director may, by proclamation, require
					 individuals taking marine and estuarine resources regulated by the Marine
					 Fisheries Commission, to obtain a special permit.
Authority
					 G.S.
					 113-134;
					 113-170.3;
					 113-182;
					 113-221;
					 143B-289.52;
Temporary Adoption Eff. May 1, 2000;
Eff. April 1,
					 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0100 - HEARING PROCEDURES › Section 03P .0101 - LICENSE, PERMIT, OR CERTIFICATE DENIAL: REQUEST FOR REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except in cases where summary suspension
				  is applicable, before the Division of Marine Fisheries may commence proceedings
				  for suspension, revocation, annulment, withdrawal, recall, cancellation, or
				  amendment of a license, notice shall be given to the license holder that the
				  license holder may file a petition for a contested case in accordance with
				  G.S.
				  113-171(e) and may request a
				  final agency decision in accordance with
				  G.S.
				  113-171(f).
(b) For the purpose of this Rule and in
				  accordance with
				  G.S.
				  150B-2, "permit" includes "certification" and
				  "certificate of compliance."
(c)
				  Except in cases where
				  G.S.
				  113-171,
				  15A NCAC
				  03O .0114, or summary suspension is
				  applicable, before the Division may commence proceedings for suspension,
				  revocation, annulment, withdrawal, recall, cancellation, or amendment of a
				  permit, notice shall be given to the permittee that the permittee:
(1) may request an opportunity to show
				  compliance with all requirements for retention of the permit by submitting a
				  statement in writing to the personnel designated in the notice to commence
				  proceedings; and
(2) has the right,
				  through filing a request for a contested case hearing in the Office of
				  Administrative Hearings, to a hearing before an administrative law
				  judge.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0100 - HEARING PROCEDURES › Section 03P .0102 - CONTESTED CASE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Contested case hearings shall be held in accordance with
					 Article 3 of Chapter 150B of the General Statutes.
Authority
					 G.S.
					 113-131;
					 113-134;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. August 1, 1999;
Readopted
					 Eff. June 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0100 - HEARING PROCEDURES › Section 03P .0103 - REPEALED - PETITIONS FOR REGULATORY ACTIVITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 143B-289.4;
					 150B-20;
Eff.
					 September 1, 1991;
Amended Eff. May 1, 1992;
Repealed
					 Eff. April 1, 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0200 - DECLARATORY RULINGS › Section 03P .0201 - DECLARATORY RULINGS: GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
At the request of any person aggrieved, as defined in
					 G.S.
					 150B-2(6), the Marine
					 Fisheries Commission may issue a declaratory ruling as provided in
					 G.S.
					 150B-4 and rules of this
					 Section.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
					 150B-4;
Eff. April
					 1, 1999;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0200 - DECLARATORY RULINGS › Section 03P .0202 - PROCEDURE FOR REQUESTING DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All requests for a declaratory ruling shall be submitted in writing to the
				  Marine Fisheries Commission Chair and addressed to the Marine Fisheries
				  Commission Office, Division of Marine Fisheries, 3441 Arendell Street, P.O. Box
				  769, Morehead City, NC 28557.
(b)
				  All requests shall include the following:
(1)
				  the petitioner's name and address;
(2) the rule, statute, or order upon which a
				  ruling is desired;
(3) a statement
				  as to whether the request is for a ruling on:
(A) the validity of a rule;
(B) the applicability of a rule, order, or
				  statute to a given factual situation; or
(C) a conflict or inconsistency within the
				  Commission or the Department of Environmental Quality regarding interpretation
				  of a law or rule adopted by the Commission;
(4) arguments or data that demonstrate the
				  petitioner is aggrieved by the rule or statute or its potential application to
				  the petitioner;
(5) a statement of
				  the consequences of a failure to issue a declaratory ruling in favor of the
				  petitioner;
(6) a draft of the
				  proposed ruling; and
(7) a
				  statement of whether an oral argument is desired, and, if so, the reasons for
				  requesting such an oral argument.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0200 - DECLARATORY RULINGS › Section 03P .0203 - DISPOSITION OF REQUESTS FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Marine Fisheries Commission Chair shall make a determination on the
				  completeness of a request for declaratory ruling based on the requirements of
				  this Section.
(b) Before the
				  Commission decides the merits of the request, the Commission Chair may:
(1) request additional written submissions
				  from the petitioner;
(2) allow the
				  petitioner to file a reply to the response submitted in accordance with
				  Subparagraph (1) of this Paragraph; and
(3) request oral arguments from the
				  petitioner or the petitioner's legal counsel.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0300 - PETITIONS FOR RULEMAKING › Section 03P .0301 - FORM AND CONTENTS OF PETITIONS FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person wishing to request the adoption, amendment, or repeal of a rule of
				  the Marine Fisheries Commission shall submit the person's request in a written
				  petition to the Marine Fisheries Commission Chair addressed to the Marine
				  Fisheries Commission Office, Division of Marine Fisheries, 3441 Arendell
				  Street, P.O. Box 769, Morehead City, NC 28557.
(b) The petition shall specify it is filed
				  pursuant to
				  G.S.
				  150B-20 and shall contain the following
				  information:
(1) the text of the proposed
				  rules for adoption or amendment;
(2) a statement of the reasons for adoption
				  or amendment of the proposed rules, or the repeal of existing rules;
(3) a statement of the effect of the
				  requested rule changes on:
(A) existing
				  rules;
(B) existing practices in
				  the area involved; and
(C) those
				  most likely to be affected by the requested rule changes; and
(4) the name and address of the
				  petitioner.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0300 - PETITIONS FOR RULEMAKING › Section 03P .0302 - REVIEW OF RULEMAKING PETITIONS BY A COMMITTEE OF THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Marine Fisheries Commission Chair may
				  refer complete petitions, as set forth in Rule .0301 of this Section, to the
				  appropriate standing advisory committees or other advisory committees of the
				  Commission for review and recommended action. Copies of petitions for
				  rulemaking shall be distributed to the Commission members when referred to a
				  committee of the Commission.
(b)
				  Within 10 days of the assignment of the complete petition, the Chair of the
				  Committee assigned to review a submitted petition for rulemaking shall announce
				  the date of a meeting to consider the petition.
(c) At least 15 days before the Committee
				  meeting, the Committee Chair shall send notice of the Committee meeting to the
				  petitioner, members of the Commission, and persons who have requested notice of
				  petitions for rulemaking.
(d) If
				  the petition is referred to a Committee, the petitioner shall be afforded the
				  opportunity to present the petition for rulemaking to the Committee. The
				  Fisheries Director, Division of Marine Fisheries staff, or their legal counsel
				  may make a presentation to the Committee.
(e) The Committee Chair shall allow one
				  interested person to present the viewpoint of those who oppose initiating
				  rulemaking. The Committee Chair may determine whether additional interested
				  persons shall make oral presentations before the Committee.
(f) At least 10 days before the Committee
				  meeting, interested persons shall request the opportunity to make a
				  presentation to the Committees through the Chairs of the Committees. The
				  request shall:
(1) state the interest of the
				  person;
(2) state the person's
				  position on the petition for rulemaking; and
(3) be accompanied by supporting
				  materials.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0300 - PETITIONS FOR RULEMAKING › Section 03P .0303 - PRESENTATION OF RULEMAKING PETITIONS TO THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A complete petition for rulemaking, as
				  set forth in Rule .0301 of this Section, shall be presented to the Marine
				  Fisheries Commission for its consideration and determination at the next
				  regularly scheduled meeting of the Commission.
(b) If the petition for rulemaking was
				  reviewed by a Committee pursuant to Rule .0302 of this Section, the petition
				  and the Committee's recommended action shall be presented through the Chair of
				  the Committee or other designated member of the Committee during the business
				  session of the Commission. Unless the Commission Chair rules otherwise,
				  discussion on the petition shall be limited to the members of the Commission,
				  legal counsel to the Commission, the Fisheries Director, Division of Marine
				  Fisheries staff, legal counsel to the Department of Environmental Quality, the
				  petitioner, and the petitioner's legal counsel.
(c) For a petition not referred to a
				  Committee, the Commission Chair shall allow one interested person to present
				  the viewpoint of those who oppose initiating rulemaking. The Commission Chair
				  may determine whether additional interested persons shall make oral
				  presentations before the Commission. At least 10 days before the Commission
				  meeting, interested persons shall request the opportunity to make a
				  presentation to the Commission through the Commission Chair. The request shall:
(1) state the interest of the
				  person;
(2) state the person's
				  position on the petition for rulemaking; and
(3) be accompanied by supporting
				  materials.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter P - ADMINISTRATIVE PROCEDURES › Section .0300 - PETITIONS FOR RULEMAKING › Section 03P .0304 - REPEALED - RECOURSE TO DENIAL OF THE PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.51;
					 150B-20;
Eff. April
					 1, 1999;
Repealed Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter Q - JURISDICTION OF AGENCIES: CLASSIFICATION OF WATERS › Section .0100 - GENERAL REGULATIONS: JOINT › Section 03Q .0101 - SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section pertain to the classification of
					 the waters of North Carolina as coastal fishing waters, inland fishing waters,
					 and joint fishing waters. These rules are adopted jointly by the Marine
					 Fisheries Commission and the Wildlife Resources Commission. In addition to the
					 classification of the waters of the State, these joint rules set forth
					 guidelines to determine which fishing activities in joint fishing waters are
					 regulated by the Marine Fisheries Commission and which are regulated by the
					 Wildlife Resources Commission. Finally, the joint rules set forth special
					 fishing regulations applicable in joint fishing waters that can be enforced by
					 officers of the Division of Marine Fisheries and the Wildlife Resources
					 Commission. These regulations do not affect the jurisdiction of the Marine
					 Fisheries Commission and the Wildlife Resources Commission in any matters other
					 than those specifically set out.
Authority
					 G.S.
					 113-132;
					 113-134;
					 143B-289.52;
Eff.
					 January 1, 1991;
Readopted Eff. September 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter Q - JURISDICTION OF AGENCIES: CLASSIFICATION OF WATERS › Section .0100 - GENERAL REGULATIONS: JOINT › Section 03Q .0102 - INLAND FISHING WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
Inland fishing waters are all inland waters except private
					 ponds and all waters connecting with or tributary to coastal sounds or the
					 ocean extending inland from the dividing line between coastal fishing waters
					 and inland fishing waters agreed upon by the Marine Fisheries Commission and
					 the Wildlife Resources Commission. All waters that are tributary to inland
					 fishing waters and not otherwise designated by agreement between the Marine
					 Fisheries Commission and the Wildlife Resources Commission are inland fishing
					 waters. The regulation and licensing of fishing in inland fishing waters is
					 under the jurisdiction of the Wildlife Resources Commission. Regulations and
					 laws administered by the Wildlife Resources Commission regarding fishing in
					 inland fishing waters are enforced by wildlife officers.
Authority
					 G.S.
					 113-132;
					 113-134;
					 143B-289.52;
Eff.
					 January 1, 1991;
Readopted Eff. September 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter Q - JURISDICTION OF AGENCIES: CLASSIFICATION OF WATERS › Section .0100 - GENERAL REGULATIONS: JOINT › Section 03Q .0103 - COASTAL FISHING WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
Coastal fishing waters are the Atlantic Ocean, the various
					 coastal sounds, and estuarine waters up to the dividing line between coastal
					 fishing waters and inland fishing waters agreed upon by the Marine Fisheries
					 Commission and the Wildlife Resources Commission. All waters that are tributary
					 to coastal fishing waters and not otherwise designated by agreement between the
					 Marine Fisheries Commission and the Wildlife Resources Commission are coastal
					 fishing waters. The regulation and licensing of fishing in coastal fishing
					 waters is under the jurisdiction of the Marine Fisheries Commission; except
					 that inland game fish exclusive of spotted seatrout, red drum, flounder, white
					 perch, yellow perch, weakfish, and striped bass are subject to regulations by
					 the Wildlife Resources Commission in coastal fishing waters. Regulations and
					 laws administered by the Marine Fisheries Commission regarding fishing in
					 coastal fishing waters are enforced by marine fisheries inspectors. Regulations
					 regarding inland game fish in coastal fishing waters are enforced by wildlife
					 officers unless otherwise agreed to by the Wildlife Resources
					 Commission.
Authority
					 G.S.
					 113-132;
					 113-134;
					 143B-289.52;
Eff.
					 January 1, 1991;
Readopted Eff. September 1,
					 2022.