reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0100 - NET RULES, GENERAL › Section 03J .0111 - FYKE OR HOOP NETS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to use fyke or hoop nets in Coastal Fishing Waters without:
(1) the owner's identification being printed
				  on a sign no less than six inches square, attached on an outside corner stake
				  of each such net; or
(2) each net
				  being marked by attaching a floating buoy to a single net and a buoy on each
				  end of the line connecting multiple (two or more) nets, when stakes are not
				  used. Buoys shall be of any color except any shade of yellow or any shade of
				  hot pink, or any combination of colors that include any shade of yellow or any
				  shade of hot pink. Buoys shall be of solid foam or other solid buoyant material
				  no less than five inches in diameter and no less than five inches in length.
				  The gear owner's last name and initials shall be identified on the attached
				  buoy by using engraved buoys or by attaching engraved metal or plastic tags to
				  the buoy. If a vessel is used, the identification shall also include:
(A) gear owner's current motor boat
				  registration number; or
(B) gear
				  owner's U.S. vessel documentation name.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0201 - REPEALED - ALBEMARLE SOUND AND TRIBUTARIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.4;
Eff.
					 January 1, 1991;
Repealed Eff. September 1,
					 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0202 - ATLANTIC OCEAN

Current through Register Vol. 39, No. 2, July 15, 2024
In the Atlantic Ocean:
(1) It shall be unlawful to use nets from
				  June 15 through August 15 in the waters of Masonboro Inlet or in the ocean
				  within 300 yards of the beach between Masonboro Inlet and a line running
				  southeasterly through the water tank 34° 13.1500' N - 77° 47.3000' W on
				  the northern end of Wrightsville Beach, a distance of 4400 yards parallel with
				  the beach.
(2) It shall be unlawful
				  to use trawls within one-half mile of the beach between the North
				  Carolina/Virginia state line and Oregon Inlet.
(3) It shall be unlawful to use a trawl with
				  a mesh length less than four inches in the main body, three inches in the
				  extension, and one and three-fourths inches in the cod end or tailbag inshore
				  of a line beginning on the western side of Beaufort Inlet Channel at a point
				  34° 41.3000' N - 76° 40.1333' W; running westerly parallel to and
				  one-half miles from the shore off Salter Path to a point 34° 40.5333' N -
				  76° 53.7500' W.
(4) It shall be
				  unlawful to use trawl nets, including flynets, southwest of the 9960-Y chain
				  40250 LORAN C line (running offshore in a southeasterly direction) from Cape
				  Hatteras to the North Carolina/South Carolina state line except:
(a) shrimp trawls as defined in
				  15A NCAC
				  03L .0103;
(b) crab trawls as defined in
				  15A NCAC
				  03L .0202; or
(c) flounder trawls as defined in
				  15A NCAC
				  03M .0503.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0203 - CHOWAN RIVER AND MEHERRIN RIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  the Chowan River and the Meherrin River, it shall be unlawful to do any of the
				  following:
(1) set a pound net within 150
				  yards of the mouth of any tributary; and
(2) set a trotline within 100 yards of a
				  pound net from February 1 through May 31.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0204 - CURRITUCK SOUND AND ITS TRIBUTARIES

Current through Register Vol. 39, No. 2, July 15, 2024
In the Internal Coastal Waters of Currituck Sound and its
					 tributaries, it shall be unlawful to do any of the following:
(1) conduct long haul operations, as defined
				  in 15A
				  NCAC 03I .0101; and
(2) use a seine that is more than 900 yards
				  in length or that has a mesh length of less than three inches.
Authority
					 G.S.
					 113-132;
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. September 1, 1991;
Readopted Eff. April 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0205 - REPEALED - ROANOKE: CASHIE: MIDDLE AND EASTMOST RIVERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.4;
Eff.
					 January 1, 1991;
Repealed Eff. September 1,
					 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0206 - SOUTHPORT BOAT HARBOR

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to use commercial fishing gear in the
					 Southport Boat Harbor, Brunswick County, north of a line beginning at a point
					 on the west side of the mouth of the harbor 33° 54.9656' N - 78°
					 01.4477' W, running easterly to a point on the east side of the mouth of the
					 harbor 33° 54.9656' N - 78° 01.3797' W.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. August 1, 2004;
Readopted
					 Eff. April 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0207 - NUCLEAR PLANT INTAKE CANAL

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to use any commercial fishing
					 equipment in a nuclear plant intake canal between the fish diversion screen and
					 the nuclear plant.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. May 1, 2015;
Readopted
					 Eff. April 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0208 - NEW RIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to use trawl nets except skimmer trawls upstream of the Highway 172
				  Bridge over New River.
(b) It shall
				  be unlawful to use skimmer trawls upstream of the Highway 172 Bridge over New
				  River from 9:00 p.m. through 5:00 a.m. from August 16 through November
				  30.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 August 1, 1998;
Amended Eff. May 1, 2015; August 1,
					 2004;
Readopted Eff. August 23,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0200 - NET RULES, SPECIFIC AREAS › Section 03J .0209 - ALBEMARLE SOUND AND CHOWAN RIVER RIVER HERRING MANAGEMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to use drift gill nets with a mesh
					 length less than three inches from January 1 through May 15 in the Albemarle
					 Sound and Chowan River river herring management areas defined in
					 15A NCAC
					 03R .0202.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Temporary Adoption Eff. May 1, 2000;
Eff. April 1,
					 2001;
Amended Eff. May 1, 2015; June 1, 2013; December 1,
					 2007;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0301 - POTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to use pots except during
				  time periods and in areas specified herein:
(1) In Coastal Fishing Waters from December 1
				  through May 31, except that all pots shall be removed from Internal Waters from
				  January 15 through February 7. Fish pots upstream of U.S. 17 Bridge across
				  Chowan River and upstream of a line across the mouth of Roanoke, Cashie,
				  Middle, and Eastmost Rivers to the Highway 258 Bridge are exempt from the
				  January 15 through February 7 removal requirement. The Fisheries Director may,
				  by proclamation, reopen various waters to the use of pots after January 19 if
				  it is determined that such waters are free of pots.
(2) From June 1 through November 30, north
				  and east of the Highway 58 Bridge at Emerald Isle:
(A) In areas described in
				  15A NCAC
				  03R .0107(a);
(B) To allow for the variable spatial
				  distribution of crustacea and finfish, the Fisheries Director may, by
				  proclamation, specify time periods for or designate the areas described in
				  15A NCAC
				  03R .0107(b); or any part
				  thereof, for the use of pots.
(3) From May 1 through November 30 in the
				  Atlantic Ocean and west and south of the Highway 58 Bridge at Emerald Isle in
				  areas and during time periods designated by the Fisheries Director by
				  proclamation.
The Fisheries Director may, by proclamation authority
					 established in
					 15A NCAC
					 03L .0201, further restrict the use of pots
					 to take blue crabs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0302 - RECREATIONAL USE OF POTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful for a Recreational Commercial Gear License holder to use pots
				  authorized by
				  15A NCAC
				  03O .0302 unless each pot is marked by
				  attaching one floating buoy, any shade of hot pink in color, which shall be of
				  solid foam or other solid buoyant material no less than five inches in diameter
				  and no less than five inches in length. The owner shall always be identified on
				  the buoy using engraved buoys or by attaching engraved metal or plastic tags to
				  the buoy. Such identification shall include the owner's last name and initials
				  and if a vessel is used, one of the following:
(1) Gear owner's current motor boat
				  registration number, or
(2) Owner's
				  U.S. vessel documentation name.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0303 - DREDGES AND MECHANICAL METHODS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to use any dredge weighing more than 100 pounds, except in
				  the Atlantic Ocean.
(b) It shall be
				  unlawful to use more than one dredge per vessel to take oysters or crabs or to
				  use any dredges or mechanical methods between sunset and sunrise.
(c) It shall be unlawful to possess oysters
				  aboard a vessel with a dredge weighing more than 100 pounds on board.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1994; January 1,
					 1991;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0304 - ELECTRICAL FISHING DEVICE IN CAPE FEAR RIVER

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to take catfish by the use of a
					 hand-operated device generating pulsating electrical current in the Internal
					 Coastal Fishing Waters of the Cape Fear River except:
(1) from 800 feet downstream of Lock and Dam
				  No. 1 in Bladen County to where the Black River joins the Cape Fear River;
				  and
(2) from July 1 through March
				  1.
Authority
					 G.S.
					 113-132;
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. July 1, 2008;
Readopted
					 Eff. April 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0305 - TROTLINES (MULTIPLE HOOK OR MULTIPLE BAIT)

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to use multiple hook or multiple bait
					 trotlines for recreational purposes unless such trotlines are marked by
					 attaching to them at each end one floating buoy, any shade of hot pink in
					 color, which shall be of solid foam or other solid buoyant material no less
					 than five inches in diameter and no less than five inches in length. The owner
					 shall always be identified on the buoy by using an engraved buoy or by
					 attaching engraved metal or plastic tags to the buoy. Such identification shall
					 include owner's last name and initials and if a vessel is used, one of the
					 following:
(1) Gear owner's current
				  motor boat registration number, or
(2) Owner's U.S. vessel documentation
				  name.
Authority
					 G.S.
					 113-134;
					 113-173;
					 113-182;
					 143B-289.52;
Temporary Adoption Eff. July 1, 1999;
Eff. August 1,
					 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES › Section 03J .0306 - HOOK AND LINE

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to use any hook larger than 4/0 from
					 July 1 through September 30 in the Internal Coastal Waters of Pamlico Sound and
					 its tributaries south of the Albemarle Sound Management Area as defined in
					 15A NCAC
					 03R .0201 and north of a line beginning at a
					 point 34° 59.7942' N - 76° 14.6514' W on Camp Point, running easterly
					 to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks, while using
					 natural bait from 7:00 p.m. to 7:00 a.m. unless the terminal tackle consists
					 of:
(1) a "circle hook", which for the
				  purpose of this Rule shall mean a hook with the point of the hook directed
				  perpendicularly back toward the shank and with the barb either compressed or
				  removed; and
(2) a fixed sinker not
				  less than two ounces in weight, secured not more than six inches from the fixed
				  weight to the circle hook.
Authority
					 G.S.
					 113-132;
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 April 1, 2009;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0400 - FISHING GEAR › Section 03J .0401 - FISHING GEAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Fisheries
				  Director, in order to address issues involving user conflicts may, by
				  proclamation, close the areas described in Paragraph (b) of this Rule to the
				  use of specific fishing gear.
(b)
				  It shall be unlawful to use fishing gear as specified by proclamation at the
				  time and dates specified in the proclamation between the Friday before Easter
				  through December 31 in the following areas when such areas have been closed by
				  proclamation:
(1) all or part of the Atlantic
				  Ocean, up to one-half mile from the beach;
(2) up to one-half mile in all directions of
				  Oregon Inlet;
(3) up to one-half
				  mile in all directions of Hatteras Inlet;
(4) up to one-half mile in all directions of
				  Ocracoke Inlet;
(5) up to one-half
				  mile of the Cape Lookout Rock Jetty;
(6) up to one-half mile in all directions of
				  fishing piers open to the public;
(7) up to one-half mile in all directions of
				  State Parks; and
(8) up to one-half
				  mile of marinas as defined by the Coastal Resources Commission.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0400 - FISHING GEAR › Section 03J .0402 - FISHING GEAR RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to use commercial fishing gear in the following areas during
				  dates and times specified for the identified areas:
(1) Atlantic Ocean - Dare County:
(A) Nags Head:
(i) seines and gill nets shall not be used
				  from the North Town Limit of Nags Head at Eight Street southward to Gulf
				  Street:
(I) from Wednesday through Saturday of
				  the week of the Nags Head Surf Fishing Tournament held during October of each
				  year the week prior to Columbus Day; and
(II) from November 1 through December 15;
				  and
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0400 - FISHING GEAR › Section 03J .0403 - EXPIRED - NEUSE RIVER AND ITS TRIBUTARIES

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. October 16, 1995, for a period of 77 days to expire
					 on
January 1, 1996;
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.52;
Temporary Adoption Expired January 1, 1996.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0400 - FISHING GEAR › Section 03J .0404 - OCEAN ARTIFICIAL REEF GEAR RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For the purpose of this Rule:
(1) "hand line"
				  shall mean fishing gear that is set and pulled by hand and consists of one
				  vertical line to which may be attached leader lines with hooks.
(2) "hook and line" shall mean one or more
				  hooks attached to one or more lines and shall include rod and reel, a fishing
				  rod designed to be hand-held with a manually or electrically operated reel
				  attached.
(3) "spearfishing gear"
				  shall mean spears, Hawaiian slings, or similar devices that propel pointed
				  implements by mechanical means, including elastic tubing or bands, pressurized
				  gas, or similar means.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0500 - POUND NETS › Section 03J .0501 - DEFINITIONS AND STANDARDS FOR POUND NETS AND POUND NET SETS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose of this Section the
				  following terms are hereby defined:
(1) Pound
				  Net Set Permit. A Division authorization to set and fish a pound net set in a
				  commercial fishing operation in a specified location in a specified
				  fishery.
(2) Permit period. One
				  year from the date of issuance of a new or renewal pound net set
				  permit.
(3) Deployed pound net.
				  Setting of any part of a pound net, except for a location identification stake
				  or for a pound net used in the Atlantic Ocean a location identification buoy
				  placed at each end of a proposed new location.
(4) Operational pound net set. A pound net
				  set as defined in
				  15A NCAC
				  03I .0101 and deployed according to rules and
				  permit conditions with net attached to stakes or anchors for the lead and
				  pound, including only a single pound in a multi-pound set, and a non-restricted
				  opening leading into the pound such that the set is able to catch and hold
				  fish.
(5) Flounder pound net. A
				  pound net set that produces a catch consisting of 50 percent or more flounder
				  by weight of the entire landed catch, excluding blue crabs or a pound net set
				  with all pounds (holding pen) constructed of four inch stretch mesh or
				  greater.
(6) Shrimp pound net. A
				  pound net set with all pounds (holding pen) constructed of stretch mesh equal
				  to or greater than one and one-fourth inches and less than or equal to two
				  inches.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0500 - POUND NETS › Section 03J .0502 - POUND NET SET PERMIT APPLICATION AND PROCESSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All initial, renewal, or transfer applications for Pound Net Set Permits, and
				  the operation of such pound net sets, shall comply with the requirements
				  governing all permits as provided in
				  15A NCAC
				  03O .0502. The procedures and requirements
				  for obtaining permits are set forth in
				  15A NCAC
				  03O .0501.
(b) Applicants for Pound Net Set permits
				  shall meet the following eligibility requirements as determined by the
				  Fisheries Director:
(1) the applicant is an
				  individual and not a corporation, partnership, organization, or other
				  entity;
(2) the applicant has in
				  the past complied with fisheries rules and laws and does not have any licenses
				  under suspension or revocation as set forth in
				  15A NCAC
				  03O .0114 or any pound net set permits under
				  suspension or revocation as set forth in
				  15A NCAC
				  03O .0504. In addition, a history of habitual
				  fisheries violations evidenced by eight or more convictions as specified in
				  15A NCAC
				  03O .0114,
				  G.S.
				  14-223, Chapter 75A, or
				  G.S.
				  76-40 in 10 years shall make an individual
				  ineligible.
(3) the applicant has
				  in the past complied with all permit conditions, rules, and laws related to
				  pound nets.
(4) the applicant holds
				  proper valid licenses and permits necessary to fish the type of net indicated
				  in the application.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0500 - POUND NETS › Section 03J .0503 - POUND NET SET PERMIT RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
An application for renewal of an existing Pound Net Set
					 Permit shall be filed not less than 30 days prior to the date of expiration of
					 the existing permit and shall not be processed unless filed by the permittee.
					 The Fisheries Director shall review the renewal application under the criteria
					 for issuance of a new Pound Net Set Permit, as set forth in the rules of this
					 Section. The Fisheries Director may hold public meetings and may conduct such
					 investigations necessary to determine if the permit should be
					 renewed.
Authority
					 G.S.
					 113-134;
					 113-169.1;
					 113-181;
					 113-182;
					 143B-289.52;
Eff.
					 April 1, 2009;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0500 - POUND NETS › Section 03J .0504 - POUND NET SET PERMIT TRANSFER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to transfer a Pound Net Set Permit without a completed
				  application for transfer being submitted to the Division of Marine Fisheries
				  not less than 45 days before the date of the transfer. The application shall be
				  made by the proposed new permittee in writing and shall be accompanied by a
				  copy of the current permittee's permit and an application for a Pound Net Set
				  Permit in the new permittee's name. The Fisheries Director may hold a public
				  meeting and verify the location of the pound net set and that it is in
				  compliance with all laws and rules to determine if the permit should be
				  transferred. The transferred permit expires on the same date as the initial
				  permit.
(b) Upon death of the
				  permittee, the permit may be transferred to the Administrator/Executor of the
				  estate of the permittee if transferred within six months of the
				  Administrator/Executor's qualification in accordance with Chapter 28A of the
				  North Carolina General Statutes. The Administrator/Executor shall provide a
				  copy of the deceased permittee's death certificate, a copy of letters of
				  administration/letters testamentary, and a list of eligible immediate family
				  members as defined in
				  G.S.
				  113-168 to the Morehead City Office of the
				  Division. Once transferred to the Administrator/Executor, the
				  Administrator/Executor may transfer the permit or permits to eligible immediate
				  family members of the deceased permittee.
(c) No transfer is effective until approved
				  and processed by the Division in accordance with
				  15A NCAC
				  03O .0501.
Authority
					 G.S.
					 113-134;
					 113-169.1;
					 113-181;
					 113-182;
					 143B-289.52;
Eff.
					 April 1, 2009;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES › Section .0500 - POUND NETS › Section 03J .0505 - POUND NET SET PERMIT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful for a permittee to:
(1) fail
				  to notify the Division of Marine Fisheries Communications Center by phone at
				  800-682-2632 or 252-726-7021 within 72 hours of:
(A) an operational pound net set.
				  Notification shall include the name of permittee, type of net, Pound Net Set
				  Permit number, county where located, a specific location site, and how many
				  pounds are in the set; and
(B) a
				  change to the type of net being set at the permitted site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0101 - PROHIBITED SHELLFISH AREAS/ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to possess, sell, or take
				  oysters, clams or mussels from areas which have been designated as prohibited
				  (polluted) by proclamation by the Fisheries Director except as provided in
				  15A NCAC
				  03K .0103,
				  03K .0104,
				  03K .0107, and .0401. The
				  Fisheries Director shall issue such proclamations upon notice by the Division
				  of Environmental Health that duly adopted criteria for approved shellfish
				  harvest areas have not been met. The Fisheries Director may reopen any such
				  closed area upon notification from the Division of Environmental Health that
				  duly adopted criteria for approved shellfish harvest areas have been met.
				  Copies of these proclamations and maps of these areas are available upon
				  request at the Division of Marine Fisheries, 3441 Arendell St., Morehead City,
				  NC 28557; (252) 726-7021.
(b) The
				  Fisheries Director may, by proclamation, close areas to the taking of oysters,
				  clams, scallops and mussels in order to protect the shellfish populations for
				  management purposes or for public health purposes not specified in Paragraph
				  (a) of this Rule.
(c) It is
				  unlawful to possess or sell oysters, clams, or mussels taken from polluted
				  waters outside North Carolina.
Authority
					 G.S.
					 113-134;
					 113-168.5;
					 113-169.2;
					 113-182;
					 113-221;
					 113-221.1;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. July 1, 1993;
Temporary
					 Amendment Eff. July 1, 1999;
Amended Eff. August 1,
					 2000;
Temporary Amendment Eff. October 1, 2001;
Amended
					 Eff. October 1, 2008; April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0102 - PROHIBITED RAKES

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to use a rake more than 12 inches wide or
					 weighing more than six pounds to take:
(1) oysters or scallops;
(2) clams in any live oyster bed, in any
				  established bed of submerged aquatic vegetation as described in
				  15A NCAC
				  03I .0101, or in any established bed of salt
				  water cordgrass (Spartina alterniflora).
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. October 1, 2008; February 1,
					 2008.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0103 - SHELLFISH MANAGEMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Fisheries Director may, by proclamation, designate Shellfish Management
				  Areas which meet either of the following criteria. The area has:
(1) conditions of bottom type, salinity,
				  currents, cover or cultch necessary for shellfish growth;
(2) shellfish populations or shellfish
				  enhancement projects that may:
(A) produce
				  commercial quantities of shellfish at 10 bushels or more per acre;
(B) produce shellfish suitable for
				  transplanting as seed or for relaying from prohibited (polluted) areas;
				  or
(C) serve as sanctuaries to
				  increase spawning and disease resistance or to prevent predation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0104 - PERMITS FOR PLANTING SHELLFISH FROM PROHIBITED/POLLUTED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to take oysters or clams
				  from prohibited (polluted) public waters for planting on leases and franchises
				  except as authorized by
				  G.S.
				  113-203. Lease and franchise holders shall
				  first obtain a permit from the Fisheries Director setting forth the time, area,
				  and method by which such shellfish may be taken. The procedures and
				  requirements for obtaining permits are found in
				  15A NCAC
				  03O .0500.
(b) The season for relaying clams shall be
				  between April 1 and May 15 and the season for relaying oysters shall be for a
				  specified six week period between the date of the statewide closure of oyster
				  season and June 30, as determined by the Fisheries Director based on the status
				  of oyster resources available for harvest from public bottom and market factors
				  affecting sale of oysters from public bottom which will assist in determining
				  the statewide closure date and manpower available to monitor the relaying
				  activity.
(c) For areas designated
				  by the Fisheries Director as sites where shellfish would otherwise be destroyed
				  in maintenance dredging operations, the season as set out in Paragraph (b) of
				  this Rule shall not apply.
(d) The
				  Fisheries Director, acting upon recommendations of the Division of
				  Environmental Health, shall close and reopen by proclamation any private
				  shellfish beds for which the owner has obtained a permit to relay oysters and
				  clams from prohibited (polluted) public waters.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-203;
					 113-221;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1996; September 1,
					 1991;
Temporary Amendment Eff. October 1, 2001;
Amended
					 Eff. April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0105 - RECREATIONAL HARVEST OF SHELLFISH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to take oysters or clams from public bottom on Sundays, and
				  scallops from public bottom on Saturdays and Sundays except:
(1) during open seasons; and
(2) for recreational purposes.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0106 - TAKING OR UNLOADING OYSTERS AND CLAMS ON SUNDAY OR AT NIGHT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to take oysters or
				  clams between the hours of sunset and sunrise on any day.
(b) It shall be unlawful to unload oysters or
				  clams from any vessel or remove any vessel containing oysters or clams from the
				  water on Sundays or between sunset and sunrise on any day except that in New
				  Hanover, Pender, and Brunswick counties, oysters and clams may be unloaded
				  until two hours after sunset.
(c)
				  Oysters and clams taken on Sundays from public bottom under the provisions of
				  Rule .0105 of this Section or from shellfish leases and franchises pursuant to
				  G.S.
				  113-208 shall be exempt from Paragraph (b) of
				  this Rule.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. October 1, 2008; August 1, 2000;
Readopted Eff. June
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0107 - DEPURATION OF SHELLFISH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take clams or oysters from the public or private prohibited (polluted)
				  waters of the state for the purpose of depuration except when the harvest will
				  utilize shellfish that would otherwise be destroyed in maintenance dredging
				  operations. All harvest and transport activities within the State of North
				  Carolina related to depuration shall be under the supervision of the Division
				  of Marine Fisheries or the Division of Environmental Health. For the purpose of
				  this Rule, the term depuration does not include relaying of clams or oysters
				  from shellfish leases or franchises as authorized by
				  15A NCAC
				  03K .0104.
(b) The Fisheries Director, may, by
				  proclamation, impose any or all of the following restrictions on the harvest of
				  clams or oysters for depuration:
(1) Specify
				  species;
(2) Specify areas except
				  harvest will not be allowed from designated buffer zones adjacent to sewage
				  outfall facilities;
(3) Specify
				  harvest days;
(4) Specify time
				  period;
(5) Specify quantity or
				  size;
(6) Specify harvest
				  methods;
(7) Specify record keeping
				  requirements.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0108 - DREDGES/MECHANICAL METHODS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  unlawful to use mechanical methods, except mechanical methods for oystering and
				  clamming defined in
				  15A NCAC
				  03I .0101, to take shellfish.
(b) It is unlawful to use mechanical methods
				  for oystering or clamming to take shellfish not subject to the restrictions in
				  15A NCAC
				  03K .0201,
				  03K .0204,
				  03K .0302, 0304, .0404, .0501,
				  and .0503:
(1) within any established bed of
				  submerged aquatic vegetation as defined in
				  15A NCAC
				  03I .0101 or salt water cordgrass (Spartina
				  alterniflora);
(2) in areas
				  designated in
				  15A NCAC
				  03R .0108, except on shellfish leases and
				  franchises with a Permit to Use Mechanical Methods for Oysters and Clams on
				  Shellfish Leases and Franchises;
(3) in areas designated in
				  15A NCAC
				  03K .0204 and 03R .0103; and
(4) except following restrictions for the use
				  of mechanical methods specified pursuant to
				  15A NCAC
				  03J .0303 and 03K .0201, .0302, .0404, .0501,
				  and .0503.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0109 - SHELLFISH HARVESTER AND DEALER TAGS

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to possess or sell oysters, clams, or
					 mussels in a commercial fishing operation without a harvest tag affixed to each
					 container of oysters, clams or mussels. Tags shall be affixed by the harvester
					 or dealer and shall meet the following criteria:
(1) Tags shall be identified as harvest tags.
				  They shall be durable for at least 90 days, water resistant, and a minimum of
				  two and five-eighths inches by five and one-fourth inches in size.
(2) Tags shall be securely fastened to the
				  outside of each container in which shellstock is transported. A harvester or
				  dealer tag shall be securely fastened to the outside of each container at a
				  dealer location except, bulk shipments of shellfish in one container and from
				  the same source may have one tag with all required information attached.
				  Harvesters who are also certified shellfish dealers may use only their dealer
				  tag if it contains the required information. The required information shall be
				  included on all lots of shellfish subdivided or combined into market grades or
				  market quantities by a harvester or a certified shellfish dealer.
(3) Tags shall be attached to all shellfish
				  stored at a dealer location.
(4)
				  Tags shall contain legible information arranged in the specific order as
				  follows:
(a) The harvester's name, address and
				  shellfish license or standard or retired standard commercial fishing license
				  with shellfish endorsement number.
(b) The date of harvest.
(c) The most precise description of the
				  harvest location as is practicable (e.g., Long Bay, Rose Bay) that can be
				  easily located by maps and charts.
(d) Type and quantity of shellfish.
(e) The following statement in bold,
				  capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY
				  AND THEREAFTER KEPT ON FILE FOR 90 DAYS".
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0110 - PUBLIC HEALTH AND CONTROL OF OYSTERS, CLAMS, SCALLOPS, AND MUSSELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The National Shellfish Sanitation Program
				  Guide for Control of Molluscan Shellfish, Section II: Model Ordinance (Model
				  Ordinance) includes requirements for the sale or distribution of shellfish from
				  approved areas or shellstock dealers, as defined in
				  15A NCAC
				  18A .0301, and to ensure that shellfish have
				  not been adulterated or mislabeled during cultivation, harvesting, processing,
				  storage, or transport. To protect public health, the Fisheries Director may, by
				  proclamation, impose requirements of the Model Ordinance as set forth in
				  Paragraph (b) of this Rule on any of the following:
(1) the cultivation, distribution,
				  harvesting, processing, sale, storage, or transport of
(A) oysters;
(B) clams;
(C) scallops; or
(D) mussels;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0100 - SHELLFISH, GENERAL › Section 03K .0111 - PERMITS TO USE MECHANICAL METHODS FOR SHELLFISH ON SHELLFISH LEASES OR FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permits to Use Mechanical Methods for
				  Shellfish on Shellfish Leases or Franchises shall be issued in compliance with
				  the general rules governing all permits in
				  15A NCAC
				  03O .0500. The procedures and requirements
				  for obtaining permits are found in
				  15A NCAC
				  03O .0501.
(b) It is unlawful to harvest shellfish by
				  the use of mechanical methods from shellfish leases or franchises without first
				  obtaining a Permit to Use Mechanical Methods for Shellfish on Shellfish Leases
				  or Franchises.
Authority
					 G.S.
					 113-134;
					 113-169.1;
					 113-182;
					 143B-289.52;
Eff.
					 May 1, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0201 - OYSTER HARVEST MANAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to take or possess oysters from public bottom except from
				  October 15 through March 31.
(b)
				  The Fisheries Director may, by proclamation, impose any of the following
				  restrictions on the taking of oysters:
(1)
				  specify time;
(2) specify
				  area;
(3) specify means and
				  methods;
(4) specify season within
				  the period set forth in Paragraph (a) of this Rule;
(5) specify size, but the minimum size limit
				  specified shall not be less than three inches, unless a smaller minimum size
				  limit is necessary to prevent loss of oysters due to predators, pests, or
				  infectious oyster diseases. In no case shall the minimum size limit be less
				  than two and one-half inches; and
(6) specify quantity, but the quantity shall
				  not exceed possession of more than 20 standard U.S. bushels in a commercial
				  fishing operation per day.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0202 - CULLING REQUIREMENTS FOR OYSTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to possess oysters which have accumulated dead shell, accumulated
				  oyster cultch material, a shell length less than that specified by proclamation
				  issued under the authority of Rule .0201 of this Section, or any combination
				  thereof that exceeds a five-percent tolerance limit by volume. In determining
				  whether the tolerance limit is exceeded, the Fisheries Director or his agents
				  may grade all, any portion, or any combination of portions of the entire
				  quantity being graded and, in cases of violations, may seize and return to
				  public bottom or otherwise dispose of the oysters as authorized by
				  law.
(b) All oysters shall be
				  culled where harvested and all oysters of less than legal size, accumulated
				  dead shell, and cultch material shall be immediately returned to the bottom
				  from which it was taken.
(c) This
				  Rule shall not apply to oysters imported from out-of-state solely for shucking
				  by shucking and packing plants permitted by the Division of Marine
				  Fisheries.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1996; September 1,
					 1991;
Temporary Amendment Eff. July 1, 1999;
Amended
					 Eff. May 1, 2017; August 1, 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0203 - REPEALED - TRAWLING ACROSS OYSTER MANAGEMENT AREAS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.4;
Eff.
					 January 1, 1991;
Repealed Eff. March 1,
					 1994.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0204 - DREDGES / MECHANICAL METHODS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to use any dredge or other mechanical method
					 to take oysters:
(1) in the Mechanical
				  Methods Prohibited areas designated in
				  15A NCAC
				  03R .0108, except on shellfish leases and
				  franchises by permit; and
(2) on
				  any posted bottoms upon which oysters or shells have been planted by the state,
				  unless such bottoms have been opened to the public and dredging
				  permitted.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. August 1, 2004; May 1,
					 1997.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0205 - MARKETING OYSTERS TAKEN FROM PRIVATE SHELLFISH BOTTOMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to take, possess, buy, or
				  sell oysters from shellfish leases or franchises during the open season unless
				  such oysters have been culled in accordance with Rule
				  15A NCAC
				  03K .0202.
(b) It is unlawful to sell, purchase or
				  possess oysters during the regular closed season without the lease or franchise
				  holder delivering to the purchaser or other recipient a certification, on a
				  form provided by the Division, that the oysters were taken from a valid
				  shellfish lease or franchise. Certification forms shall be furnished by the
				  Division to lease and franchise holders upon request.
(c) It is unlawful for lease or franchise
				  holders or their designees to take or possess oysters from public bottom while
				  possessing aboard a vessel oysters taken from shellfish leases or
				  franchises.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. September 1, 1991;
Temporary Amendment Eff October 1, 2001;
Amended Eff. April 1,
					 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0206 - REPEALED - PERMITS TO USE MECHANICAL METHODS FOR OYSTERS OR CLAMS ON SHELLFISH LEASES OR FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 October 1, 1992;
Temporary Amendment Eff. September 1,
					 2000;
Amended Eff. August 1, 2002;
Repealed Eff. May 1,
					 2015.