reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0207 - OYSTER SIZE AND HARVEST LIMIT EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Possession and sale of oysters by a hatchery or oyster
					 aquaculture operation and purchase and possession of oysters from a hatchery or
					 oyster aquaculture operation shall be exempt from bag and size limit
					 restrictions set under authority of
					 15A NCAC
					 03K .0201 and 03K .0202. It is unlawful to
					 possess, sell, purchase, or transport such oysters unless they are in
					 compliance with all conditions of the Aquaculture Operations
					 Permit.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Temporary Adoption Eff. October 1, 2001;
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 .0208 - SEED OYSTER MANAGEMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to take oysters from Seed Oyster Management Areas designated in
				  15A NCAC
				  03R .0116 for planting on shellfish leases or
				  franchises without first obtaining a Permit to Transplant Oysters from Seed
				  Oyster Management Areas from the Fisheries Director. The procedures and
				  requirements for obtaining permits are set forth in
				  15A NCAC
				  03O .0501.
(b) It is unlawful to use a trawl net, long
				  haul seine, or swipe net in any designated Seed Oyster Management
				  Area.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-203;
					 113-221;
					 143B-289.52;
Eff.
					 October 1, 2008.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0200 - OYSTERS › Section 03K .0209 - OYSTER SANCTUARIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to use a trawl net, long haul seine, or swipe net in Oyster Sanctuaries
				  designated in
				  15A NCAC
				  03R .0117. These areas shall be marked with
				  signs or buoys. Unmarked and undesignated tributaries shall be the same
				  designation as the designated waters to which they connect or into which they
				  flow. No unauthorized removal or relocation of any such marker shall have the
				  effect of changing the designation of any such body of water or portion
				  thereof, nor shall any such unauthorized removal or relocation or the absence
				  of any marker affect the applicability of any rule pertaining to any such body
				  of water or portion thereof.
(b) It
				  is unlawful to use mechanical methods for oystering or clamming in, or to take
				  oysters or clams from Oyster Sanctuaries designated in
				  15A NCAC
				  03R .0117.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-204;
					 143B-289.52;
Eff.
					 October 1, 2008.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0300 - HARD CLAMS (MERCENARIA) › Section 03K .0301 - SIZE AND HARVEST LIMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take, land, or possess aboard a vessel more than 6,250 hard clams per
				  fishing operation from public bottom in internal waters. It is unlawful to
				  take, possess, sell, or purchase any clams (except Rangia or freshwater clams)
				  less than one inch thick except in accordance with
				  15A NCAC
				  03K .0305(b). Clams shall be
				  culled where harvested and all clams of less than legal size with their shell,
				  shall be immediately returned to the bottom from which taken. Agents of the
				  Fisheries Director are authorized and empowered to grade all, or any portion,
				  or any combination of portions of the entire quantity of clams being graded and
				  may seize and return to public bottom or other disposition as authorized by law
				  of the entire quantity being graded or any portion thereof.
(b) Size and harvest limits established in
				  Paragraph (a) of this Rule and the season and area limitations established in
				  15A NCAC
				  03K .0302 may not apply:
(1) For temporary openings made upon the
				  recommendation of Division of Environmental Health,
(2) For maintenance dredging operations,
				  or
(3) For relaying of polluted
				  clams to private shellfish bottoms as permitted by
				  15A NCAC
				  03K .0104.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0300 - HARD CLAMS (MERCENARIA) › Section 03K .0302 - MECHANICAL HARVEST OF CLAMS FROM PUBLIC BOTTOM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to take, buy, sell, or possess any clams taken by mechanical
				  methods for clamming as defined in
				  15A NCAC
				  03I .0101 from public bottom unless the
				  season is open.
(b) The Fisheries
				  Director may, by proclamation, open and close the season for the taking of
				  clams by mechanical methods from public bottom at any time in the Atlantic
				  Ocean and only from December 1 through March 31 in Internal Waters.
(c) The Fisheries Director may, by
				  proclamation, open to the taking of clams by mechanical methods from public
				  bottom during open seasons only areas that were opened at any time from January
				  1979 through September 1988 in:
(1) Newport,
				  North, White Oak, and New rivers;
(2) Core and Bogue sounds;
(3) the Intracoastal Waterway north of "BC"
				  Marker at Topsail Beach; and
(4)
				  the Atlantic Ocean.
Other areas opened for purposes as set out in Rule .0301(b)
					 of this Section shall open only for those purposes. A list of areas as
					 described in this Paragraph is available upon request at the Division of Marine
					 Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0300 - HARD CLAMS (MERCENARIA) › Section 03K .0303 - REPEALED - PERMITS TO USE MECHANICAL METHODS FOR OYSTERS OR CLAMS ON SHELLFISH LEASES OR FRANCHISES REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. September 1, 1991;
Temporary Amendment Eff. September 1, 2000;
Amended Eff. August 1,
					 2002;
Repealed Eff. May 1, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0300 - HARD CLAMS (MERCENARIA) › Section 03K .0304 - PROHIBITED TAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take clams by any method, other than by hand tongs, hand rakes, or by hand,
				  except as provided in
				  15A NCAC
				  03K .0302 and
				  03K .0303. Regardless of the
				  areas which may be opened, it is unlawful to take clams by hand tongs in any
				  established bed of submerged aquatic vegetation as described in
				  15A NCAC
				  03I .0101 or salt water cordgrass (Spartina
				  alterniflora).
(b) It is unlawful
				  to possess clam trawls or cages aboard a vessel at any time, or have
				  kick/deflector plates normally used in the mechanical harvest of clams affixed
				  to a vessel at any time, except during the time period specified for a
				  mechanical clam harvest season in internal waters in accordance with
				  15A NCAC
				  03K .0302(a). A period of 14
				  days before and after the season as specified by proclamation will be allowed
				  for the installation and removal of kick/deflector plates and clam trawls or
				  cages. Vessels with permits for activities provided for in
				  15A NCAC
				  03K .0104,
				  03K .0107,
				  03K .0303(a), and .0401 shall be
				  exempt from this Rule during the times such activities are permitted.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. October 1, 2008; February 1, 2008;
					 May 1, 1997; July 1, 1993.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0300 - HARD CLAMS (MERCENARIA) › Section 03K .0305 - CLAM SIZE AND HARVEST LIMIT EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
Possession and sale of clams by a hatchery or clam
					 aquaculture operation and purchase and possession of clams from a hatchery or
					 clam aquaculture operation shall be exempt from bag and size limit restrictions
					 in 15A
					 NCAC 03K .0301(a). It is
					 unlawful to possess, sell, purchase, or transport such clams unless they are in
					 compliance with all conditions of the Aquaculture Operation
					 Permit.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. September 1,
					 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0400 - RANGIA CLAMS › Section 03K .0401 - PROHIBITED (POLLUTED) AREA PERMIT REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to take Rangia clams or their shells by any
					 method from prohibited (polluted) waters without first securing a Permit to
					 Harvest Rangia Clams from Prohibited (Polluted) Areas from the Fisheries
					 Director. The permit application shall include a list of all designees
					 operating under the permit. Such permit shall designate the area, means and
					 methods, and time(s) in which Rangia clams may be taken. The permit applicant
					 shall designate the licensed fish dealer where the Rangia clams are to be
					 landed and the method for disposing of Rangia clam meats. The procedures and
					 requirements for obtaining permits are found in
					 15A NCAC
					 03O .0500.
Authority
					 G.S.
					 113-134;
					 113-201;
					 113-202;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. August 1,
					 2004.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0400 - RANGIA CLAMS › Section 03K .0402 - SIZE AND HARVEST LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Size and harvest limits applicable to hard clams in Rule
					 .0301 of this Subchapter shall not apply to Rangia clams.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 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 K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0400 - RANGIA CLAMS › Section 03K .0403 - DISPOSITION OF MEATS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to dispose of meats from Rangia clams
					 taken from prohibited (polluted) waters by a method that will result in human
					 consumption or create risk of human consumption.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 143B-298.52;
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 K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0400 - RANGIA CLAMS › Section 03K .0404 - DREDGES AND MECHANICAL METHODS PROHIBITED AND OPEN SEASON

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to use mechanical methods for
					 oystering or clamming to take Rangia clams or their shells:
(1) within 100 feet of any pier;
(2) within any established bed of submerged
				  aquatic vegetation as defined in
				  15A NCAC
				  03I .0101 or salt water cordgrass (Spartina
				  alterniflora) that may exist together or separately;
(3) in areas designated in
				  15A NCAC
				  03R .0108, except on shellfish leases and
				  franchises with a Permit to Use Mechanical Methods for Shellfish on Shellfish
				  Leases and Franchises; and
(4) in
				  areas designated in Rule .0204 of this Subchapter and
				  15A NCAC
				  03R .0103.
Mechanical methods prohibited by this Rule shall be
					 permitted in areas and at times specified by proclamation as authorized by
					 Rules .0201 and .0302 of this Subchapter.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 143B-289.52;
Eff.
					 August 1, 2004;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0400 - RANGIA CLAMS › Section 03K .0405 - OYSTERS, HARD CLAMS, OR MUSSELS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to possess oysters, hard clams, or
					 mussels while taking Rangia clams or their shells from a prohibited (polluted)
					 area.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 143B-289.52;
Eff.
					 August 1, 2004;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0501 - BAY SCALLOP HARVEST MANAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Fisheries Director may, by proclamation and pursuant to
					 15A NCAC
					 03H .0103, impose any of the following
					 restrictions on the taking of bay scallops from public bottom:
(1) specify time;
(2) specify area;
(3) specify means and methods;
(4) specify open seasons for the taking of
				  bay scallops during the period beginning the last Monday in January and ending
				  the last Friday in May;
(5) specify
				  size; and
(6) specify quantity, but
				  shall not exceed possession of more than 15 standard U.S. bushels per person
				  per day or a total of 30 standard U.S. bushels in any combined commercial
				  fishing operation per day.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-221.1;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. May 1, 2015; February 1,
					 2008;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0502 - TAKING BAY SCALLOPS AT NIGHT AND ON WEEKENDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to take bay scallops between sunset and sunrise or on
				  Saturdays or Sundays, except as provided in Rule .0105 of this
				  Subchapter.
(b) Bay scallops taken
				  on Saturdays or Sundays from shellfish leases or franchises in accordance with
				  G.S.
				  113-208 shall be exempt from this
				  Rule.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. May 1, 2015; August 1, 2000;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0503 - BAY SCALLOP DREDGE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to take bay scallops with any of the
					 following:
(1) dredges weighing more
				  than 50 pounds or equipped with teeth; and
(2) any other instrument or device designed
				  to drag the bottom to aid in the taking of bay scallops.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0504 - CALICO SCALLOP HARVEST MANAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to land or possess aboard a vessel calico scallops except at
				  such times as designated by the Fisheries Director by proclamation.
(b) The Fisheries Director may, by
				  proclamation and pursuant to
				  15A NCAC
				  03H .0103, impose any of the following
				  restrictions on the taking of calico scallops:
(1) specify time;
(2) specify area;
(3) specify means and methods;
(4) specify season;
(5) specify size; and
(6) specify quantity.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0505 - SEA SCALLOPS SIZE LIMIT AND TOLERANCE

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to land or possess sea scallops with a shell
					 height (length) of less than three and one-half inches. A tolerance of not more
					 than ten percent by number for undersized sea scallop shell height shall be
					 allowed. In determining whether the proportion of undersized sea scallops
					 exceeds the ten percent tolerance limit, the Fisheries Director and his agents
					 are authorized and empowered to grade all, or any portion, or any combination
					 of portions of the entire quantity being graded, and in cases of violations,
					 may require seizure or other disposition as authorized by
					 law.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0506 - REPEALED - SOAKED OR SWELLED BAY SCALLOPS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. July 1, 1993;
Repealed
					 Eff. February 1, 2008.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0507 - MARKETING SCALLOPS TAKEN FROM SHELLFISH LEASES OR FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to sell, purchase,
				  or possess scallops during the closed season without the lease or franchise
				  holder delivering to the purchaser or other recipient a certification, on a
				  form provided by the Division of Marine Fisheries, that the scallops were taken
				  from a valid shellfish lease or franchise. Certification forms shall be
				  furnished by the Division to lease and franchise holders upon
				  request.
(b) It shall be unlawful
				  for lease or franchise holders or their designees to take or possess scallops
				  from public bottom while possessing aboard a vessel scallops taken from
				  shellfish leases or franchises.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 143B-289.52;
Eff.
					 May 1, 2015;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter K - OYSTERS, CLAMS, SCALLOPS AND MUSSELS › Section .0500 - SCALLOPS › Section 03K .0508 - SCALLOP AQUACULTURE HARVEST EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following exemptions and restrictions shall apply to
					 the possession, sale, purchase, or transport of scallops produced in an
					 aquaculture operation:
(1) Possession
				  and sale of scallops by a scallop aquaculture operation shall be exempt from
				  restrictions set forth in Rules .0501, .0504, and .0505 of this
				  Section.
(2) Purchase and
				  possession of scallops from a scallop aquaculture operation shall be exempt
				  from restrictions set forth in Rules .0501, .0504, and .0505 of this
				  Section.
(3) It shall be unlawful
				  for a person to possess, sell, purchase, or transport scallops described in
				  Sub-Items (1) and (2) of this Rule unless in compliance with all conditions of
				  the Aquaculture Operation Permit issued pursuant to
				  15A NCAC
				  03O .0500.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 143B-289.52;
Eff.
					 May 1, 2015;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0100 - SHRIMP › Section 03L .0101 - SHRIMP HARVEST RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to take shrimp until the Fisheries Director, by proclamation,
				  opens the season.
(b) The Fisheries
				  Director may, by proclamation, impose any of the following restrictions on the
				  taking of shrimp:
(1) specify time;
(2) specify area;
(3) specify means and methods;
(4) specify season;
(5) specify size; and
(6) specify quantity.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0100 - SHRIMP › Section 03L .0102 - WEEKEND SHRIMPING PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to take shrimp by any method from 9:00 p.m.
					 on Friday through 5:00 p.m. on Sunday, except:
(1) in the Atlantic Ocean;
(2) with the use of fixed and channel nets,
				  hand seines, shrimp pots, or cast nets; or
(3) for a holder of a Permit for Weekend
				  Trawling for Live Shrimp in accordance with
				  15A NCAC
				  03O .0503.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. May 1, 2017; August 1, 2004; March 1,
					 1994.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0100 - SHRIMP › Section 03L .0103 - PROHIBITED NETS, MESH LENGTHS AND AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to take shrimp with nets with mesh lengths less than the following:
(1) Trawl net - one and one-half
				  inches;
(2) Fixed nets, channel
				  nets, float nets, butterfly nets, and hand seines - one and one-fourth inches;
				  and
(3) Cast net - no
				  restriction.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0100 - SHRIMP › Section 03L .0104 - REPEALED - UNLAWFUL TO USE OR TAKE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Repealed Eff. April 1,
					 2009.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0100 - SHRIMP › Section 03L .0105 - RECREATIONAL SHRIMP LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to:
(1) Possess from areas open to the harvest of
				  shrimp more than 48 quarts, heads on or 30 quarts, heads off, of shrimp per
				  person per day or if a vessel is used, per vessel per day for recreational
				  purposes except as provided in
				  15A NCAC
				  03O .0303(e) and
				  (f).
(2) Take or possess more than four quarts,
				  heads on or two and one-half quarts, heads off, of shrimp per person per day
				  with a cast net from areas closed to the taking of shrimp.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 April 1, 2009;
Amended Eff. May 1, 2015; June 1,
					 2013.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0201 - CRAB HARVEST RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to possess more than 10 percent by number in any container, male
				  and immature female hard blue crabs less than five inches from tip of spike to
				  tip of spike and to fail to return hard blue crabs not meeting this restriction
				  to the waters from which taken, except the Fisheries Director may, by
				  proclamation authority established in Paragraph (f) of this Rule, further
				  restrict the harvest of blue crabs. All blue crabs not sorted into containers
				  as specified in Paragraph (b) of this Rule shall be deemed hard blue crabs for
				  the purpose of establishing the 10 percent culling tolerance.
(b) It is unlawful to possess blue crabs less
				  than five inches from tip of spike to tip of spike unless individual crabs are
				  sorted to and placed in separate containers for each of the following
				  categories:
(1) soft crabs;
(2) pink and red-line peeler crabs;
(3) white-line peeler crabs; and
(4) from March 1 through October 31, male
				  crabs to be used as peeler crab bait.
The Fisheries Director may, by proclamation authority
					 established in Paragraph (f) of this Rule, further restrict the harvest of blue
					 crabs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0202 - CRAB TRAWLING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take or possess aboard a vessel crabs taken by trawl in internal waters
				  except in areas and during such times as the Fisheries Director may specify by
				  proclamation.
(b) It is unlawful to
				  use a trawl to take crabs that does not meet mesh length requirements, except
				  as provided in
				  15A NCAC
				  03J .0104. The minimum mesh length to take
				  hard crabs with a trawl is three inches, except:
(1) The minimum mesh length is four inches in
				  the area of western Pamlico Sound west of a line beginning at a point 35°
				  48.3693' N - 75° 43.7232' W on Roanoke Marshes Point; running easterly to a
				  point 35° 48.3000' N - 75° 37.1167' W near Beacon "1" at the southern
				  end of Roanoke Island; running southerly to a point 35° 30.7500' N -
				  75° 40.5667' W near the "S" Beacon at Long Shoal; running southwesterly to
				  a point 35° 12.6167' N - 76° 04.3833' W near the "BL" Beacon on Bluff
				  Shoal; running westerly to a point 35° 08.1000' N - 76° 17.5000' W near
				  the "BI" Beacon at Brant Island Shoal; running southwesterly to a point 35°
				  04 .6167' N - 76° 27.8000' W on Point of Marsh; and
(2) The Fisheries Director may, by
				  proclamation, specify areas other than the area described in Subparagraph
				  (b)(1) of this Rule for trawl mesh length use and increase the minimum trawl
				  mesh length to no more than four inches to take hard crabs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0203 - CRAB DREDGING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take crabs with dredges except:
(1) from
				  January 1 through March 1 in the area of Pamlico Sound described in
				  15A NCAC
				  03R .0109; and
(2) incidental to lawful oyster dredging
				  operations in areas not subject to the exception in Subparagraph (a)(1) of this
				  Rule provided the weight of the crabs shall not exceed:
(A) 50 percent of the total weight of the
				  combined oyster and crab catch; or
(B) 500 pounds, whichever is less.
The Fisheries Director may, by proclamation authority
					 established in
					 15A NCAC
					 03L .0201, further restrict the use of
					 dredges to take blue crabs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0204 - CRAB POTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to take crabs with pots except as provided in
				  15A NCAC
				  03J .0301 and
				  03J .0302. The Fisheries Director
				  may, by proclamation authority established in
				  15A NCAC
				  03L .0201, further restrict the use of pots
				  to take blue crabs.
(b) The
				  Fisheries Director may, by proclamation, require the use of terrapin excluder
				  devices in each funnel entrance in crab pots and impose the following
				  restrictions concerning terrapin excluder devices:
(1) specify areas;
(2) specify time periods; and
(3) specify means and methods.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0205 - CRAB SPAWNING SANCTUARIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to set or use trawls, pots, and mechanical methods for oysters or
				  clams or take crabs with the use of commercial fishing equipment from the crab
				  spawning sanctuaries described in
				  15A NCAC
				  03R .0110 from March 1 through August
				  31.
(b) The Fisheries Director may,
				  by proclamation, designate additional areas as crab spawning sanctuaries and
				  may impose the following restrictions in any crab spawning sanctuary:
(1) specify areas;
(2) specify time periods;
(3) specify means and methods; and
(4) specify limits on harvest based on size,
				  quantity, sex, reproductive stage, or peeler stage.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0206 - REPEALED - PEELER CRABS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Temporary Adoption Eff. July 1, 1999;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2005;
Repealed Eff.
					 April 1, 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0207 - HORSESHOE CRABS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The annual
				  (January through December) commercial quota for North Carolina for horseshoe
				  crabs is established by the Atlantic States Marine Fisheries Commission
				  Interstate Fishery Management Plan for Horseshoe Crab.
(b) The Fisheries Director may, by
				  proclamation, impose any of the following restrictions on the taking of
				  horseshoe crabs to maintain compliance with the Atlantic States Marine
				  Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab or
				  to implement State management measures:
(1)
				  specify time;
(2) specify
				  area;
(3) specify means and
				  methods;
(4) specify
				  season;
(5) specify size;
				  and
(6) specify quantity.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0208 - STONE CRABS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to possess stone crab bodies or fail to immediately return stone crab
				  bodies to the waters from which they are taken.
(b) It shall be unlawful to remove, take, or
				  possess any stone crab claws from June 15 through August 15.
(c) It shall be unlawful to remove, take, or
				  possess any claws from egg-bearing stone crabs.
(d) It shall be unlawful to use any device to
				  take stone crabs that can puncture, crush, or injure the crab body, such as
				  gigs, spears, grabs, hooks, or similar devices.
(e) It shall be unlawful to remove, take, or
				  possess any stone crab claws that have a propodus (forearm) less than 2
				  ¾ inches in length, measured by a straight line from the elbow to the
				  tip of the lower immovable finger. For the purpose of this Rule, "propodus"
				  shall mean the largest section of the claw assembly that has both a movable and
				  immovable finger and is located farthest from the body of the crab.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 December 1, 2006;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0209 - REPEALED - RECREATIONAL HARVEST OF CRABS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 October 1, 2008;
Repealed Eff. April 1,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0200 - CRABS › Section 03L .0210 - REPACKING OF FOREIGN CRAB MEAT PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to repack foreign crab meat in North
					 Carolina into another container. For the purpose of this Rule, "foreign" shall
					 mean any place or location outside the United States. This Rule shall apply to
					 all facilities and persons permitted in accordance with
					 15A NCAC
					 18A .0135. This Rule shall not apply to crab
					 meat that has been transformed into another product, such as crab cakes or
					 other value-added products.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221.2;
					 143B-289.52;
Eff.
					 August 23, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0300 - LOBSTER › Section 03L .0301 - AMERICAN LOBSTER (NORTHERN LOBSTER)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful to possess American lobster:
(1) that has eggs or from which eggs have
				  been artificially removed by any method;
(2) meats, detached meats, detached tails or
				  claws, or any other part of a lobster that has been separated from the
				  lobster;
(3) that has an outer
				  shell which has been speared; or
(4) that is a V-notched female lobster. A
				  V-notched female lobster is any female lobster that bears a notch or indention
				  in the base of the flipper that is at least as deep as 1/8 inch, with or
				  without setal hairs. A V-notched female lobster is also any female lobster that
				  is mutilated in a manner that would hide, obscure, or obliterate such a
				  mark.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter L - SHRIMP, CRAB, AND LOBSTER › Section .0300 - LOBSTER › Section 03L .0302 - SPINY LOBSTER

Current through Register Vol. 39, No. 2, July 15, 2024
The Fisheries Director may, by proclamation, impose any of
					 the following restrictions on the taking of spiny lobster to maintain
					 compliance with the Fishery Management Plan for Spiny Lobster in the Gulf of
					 Mexico and the South Atlantic or to implement State management measures:
(1) specify time;
(2) specify area;
(3) specify means and methods;
(4) specify season;
(5) specify size; and
(6) specify quantity.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221.1;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1996;
Readopted
					 Eff. April 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0100 - FINFISH, GENERAL › Section 03M .0101 - MUTILATED FINFISH

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to possess aboard a vessel or while
					 engaged in fishing any species of finfish that is subject to a size or harvest
					 restriction without having head and tail attached, except:
(1) mullet when used for bait;
(2) hickory shad when used for bait, provided
				  that not more than two hickory shad per vessel or fishing operation may be cut
				  for bait at any one time; and
(3)
				  tuna possessed in a commercial fishing operation as provided in Rule .0520 of
				  this Subchapter.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. January 1, 1991;
Temporary Amendment Eff. May 1, 2001;
Amended Eff. May 1, 2015;
					 April 1, 2011; July 1, 2006; August 1, 2002;
Readopted Eff. April
					 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0100 - FINFISH, GENERAL › Section 03M .0102 - UNMARKETABLE FINFISH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to land finfish, taken in connection with a commercial fishing
				  operation, that are unmarketable as individual finfish by reason of size,
				  except a quantity not exceeding 5,000 pounds per vessel per day may be sold to
				  a dealer that is licensed under
				  G.S.
				  113-169.3(f)(6), (7), or
				  (8).
(b) Atlantic menhaden, Atlantic thread
				  herring, gizzard shad, and pinfish are exempt from this Rule.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-185;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. October 1, 2008;
Readopted April 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0100 - FINFISH, GENERAL › Section 03M .0103 - MINIMUM SIZE LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to possess, sell, or purchase finfish
					 under four inches in length except:
(1) as bait in the crab pot fishery in North
				  Carolina, if such crab pot bait is not transported west of U.S. Interstate 95
				  and, when transported, is accompanied by documentation showing the name and
				  address of the shipper, the name and address of the consignee, and the total
				  weight of the shipment;
(2) bait in
				  the finfish fishery with the following provisions:
(a) it shall be unlawful to possess more than
				  200 pounds of live finfish or 100 pounds of dead finfish; and
(b) such finfish bait is not transported
				  outside of North Carolina;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0201 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Striped bass is
				  defined as striped bass (Morone saxatilis) and its hybrids taken in coastal and
				  joint fishing waters.
(b) It is
				  unlawful to possess striped bass imported from other states less than 18 inches
				  long (total length).
(c) It is
				  unlawful to import, buy, sell, transport, offer to buy or sell, or possess
				  striped bass except during any:
(1) open
				  striped bass season established for internal coastal waters;
(2) open striped bass season established for
				  the Atlantic Ocean; or
(3) open
				  striped bass season of another state without possession of the following:
(A) A bill of lading as described in
				  15A NCAC
				  03I .0114; and
(B) A numbered, state-issued tag from the
				  State of origin affixed through the mouth and gill cover. This tag must remain
				  affixed until processed for consumption by the consumer.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0202 - SEASON, SIZE AND HARVEST LIMIT: INTERNAL COASTAL WATERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful to possess striped bass
				  from the coastal fishing waters of the Cape Fear River and its
				  tributaries.
(b) It is unlawful to
				  possess striped bass from the Roanoke River Management Area in a commercial
				  fishing operation.
(c) The
				  Fisheries Director may, by proclamation impose any or all the following
				  restrictions on the taking of striped bass in a commercial fishing operation or
				  for recreational purposes in internal coastal waters during the period from
				  October 1 through April 30:
(1) Specify
				  fishing days and times;
(2) Specify
				  areas;
(3) Specify quantity, except
				  possession for recreational purposes shall not exceed:
(A) more than three fish in any one day in
				  the Albemarle Sound Management Area as designated in Rule
				  15A NCAC
				  03R .0201; and
(B) more than two fish in any one day in the
				  joint and coastal fishing waters of the Central Southern Management Area as
				  designated in Rule
				  15A NCAC
				  03R .0201;
(4) Specify means and methods; and
(5) Specify size, but the minimum size
				  specified shall not be less than 18 inches total length.
Fish that do not meet the minimum size limit specified by
					 proclamation shall immediately be returned to the waters from which taken
					 regardless of condition.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0203 - REPEALED - SIZE AND CREEL LIMIT: INTERNAL COASTAL WATERS

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. November 1,
					 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0204 - STRIPED BASS SEASON, SIZE, AND HARVEST LIMIT: ATLANTIC OCEAN

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to possess striped bass taken from the
					 Atlantic Ocean other than the size limit as established by the Atlantic States
					 Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic
					 Striped Bass. The Fisheries Director shall issue proclamations necessary to
					 bring North Carolina's size limit in compliance with the Interstate Fishery
					 Management Plan.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-182.1;
					 113-221.1;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1996;
Temporary
					 Amendment Eff. October 1, 1996;
Amended Eff. October 1, 2008; July
					 1, 1998;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0205 - PROHIBITED TRAWLING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to possess striped bass on a vessel with a trawl net on that vessel in internal
				  coastal waters except during transit from ocean fishing grounds to port during
				  any open striped bass trawl season in the Atlantic Ocean established by
				  proclamation. Striped bass so possessed must meet the minimum size limit set by
				  proclamation.
(b) It is unlawful to
				  possess striped bass on a vessel in the Atlantic Ocean with a trawl net on that
				  vessel except during any open striped bass trawl season in the Atlantic Ocean
				  established by proclamation.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. December 1,
					 2007.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0200 - STRIPED BASS › Section 03M .0206 - REPEALED - HYBRID STRIPED BASS CULTURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-132;
					 113-134;
					 143B-289.52;
Eff.
					 January 1, 1991;
Repealed Eff. April 1,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0300 - SPANISH AND KING MACKEREL › Section 03M .0301 - REPEALED - SPANISH AND KING MACKEREL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1996;
Temporary
					 Amendment Eff. January 1, 2000; July 1, 1999;
Amended Eff. October
					 1, 2008; August 1, 2002; April 1, 2001;
Repealed Eff. April 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0300 - SPANISH AND KING MACKEREL › Section 03M .0302 - PURSE GILL NET PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to have a purse gill net on board a
					 vessel when taking or landing Spanish or king mackerel.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Readopted Eff. August 23,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0400 - MENHADEN AND ATLANTIC THREAD HERRING › Section 03M .0401-0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. May 1, 1997;
Repealed
					 Eff. October 1, 2008.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0501 - RED DRUM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to remove red drum from any type of net with the aid of any boat hook,
				  gaff, spear, gig, or similar device.
(b) It shall be unlawful to take or possess
				  red drum taken by any boat hook, gaff, spear, gig, or similar device.
(c) It shall be unlawful to possess red drum
				  less than 18 inches total length or greater than 27 inches total
				  length.
(d) It shall be unlawful to
				  possess more than one red drum per person per day taken by hook and line or for
				  recreational purposes.
(e) Annual
				  commercial harvest limit for red drum:
(1) The
				  annual commercial harvest limit for red drum shall be 250,000 pounds.
(2) The annual commercial harvest limit for
				  red drum shall be calculated from September 1 through August 31 and is allotted
				  in two periods:
(A) September 1 through April
				  30 at 150,000 pounds; and
(B) May 1
				  through August 31 at 100,000 pounds plus any remainder from the first period
				  allotment.
(3) If the
				  harvest limit is projected to be taken in any period, the Fisheries Director
				  shall, by proclamation, prohibit possession of red drum taken in a commercial
				  fishing operation for the remainder of that period.
(4) Any commercial harvest limit that is
				  exceeded during one year shall result in the poundage overage being deducted
				  from the subsequent year's commercial harvest limit, and the Fisheries Director
				  shall, by proclamation, adjust the period allotments as described in this
				  Paragraph.