reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0502 - MULLET

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to possess more than 200 mullet per person per day for recreational
				  purposes.
(b) The Fisheries
				  Director may, by proclamation and pursuant to
				  15A NCAC
				  03H .0103, impose any of the following
				  restrictions on the taking of mullet:
(1)
				  specify time;
(2) specify
				  area;
(3) specify means and
				  methods;
(4) specify
				  season;
(5) specify size;
				  and
(6) specify quantity, except as
				  provided in Paragraph (a) of this Rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0503 - FLOUNDER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  to possess flounder less than 14 inches total length taken from the Atlantic
				  Ocean in a commercial fishing operation.
(b) From October 1 through April 30, it shall
				  be unlawful to use a trawl in the Atlantic Ocean within three miles of the
				  ocean beach from the North Carolina/Virginia state line (36° 33.000'N) to
				  Cape Lookout (34° 36.000'N) unless each trawl has a mesh length of 5 1/2
				  inches or larger diamond mesh (stretched) or 6 inches or larger square mesh
				  (stretched) applied throughout the body, extension(s) and the cod end (tailbag)
				  of the net except as provided in Paragraphs (g) and (h) of this Rule.
(c) License to Land Flounder from the
				  Atlantic Ocean:
(1) It is unlawful to land
				  more than 100 pounds per trip of flounder taken from the Atlantic Ocean unless
				  the owner of the vessel or in the case of Land or Sell Licenses, the
				  responsible party, has been issued a License to Land Flounder from the Atlantic
				  Ocean and the vessel in use is the vessel specified on the License to Land
				  Flounder from the Atlantic Ocean.
(2) It is unlawful for a fish dealer to
				  purchase or offload more than 100 pounds of flounder taken from the Atlantic
				  Ocean by a vessel whose owner, or in the case of Land or Sell Licenses, the
				  responsible party, has not first procured a valid North Carolina License to
				  Land Flounder from the Atlantic Ocean and the vessel in use is the vessel
				  specified on the License to Land Flounder from the Atlantic Ocean.
(3) It is unlawful for any person to land
				  flounder from the Atlantic Ocean under a License to Land Flounder from the
				  Atlantic Ocean unless that person is the holder of the license or the master
				  designated on the license.
(4) It
				  is unlawful for any individual to land flounder from the Atlantic Ocean without
				  having ready at hand for inspection a valid License to Land Flounder from the
				  Atlantic Ocean, except as specified in Subparagraph (c)(1) of this
				  Rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0504 - REPEALED - TROUT

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; March 1, 1995;
					 February 1, 1992;
Temporary Amendment Eff. September 9,
					 1996;
Temporary Amendment Eff. October 1, 1996;
Amended
					 Eff. April 1, 1997;
Temporary Amendment Eff. July 1,
					 1999;
Amended Eff. October 1, 2008; August 1, 2000;
Repealed Eff. April 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0505 - REPEALED - SHARK

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.4;
Eff.
					 January 1, 1991;
Amended Eff. September 1, 1991;
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 .0506 - SNAPPER GROUPER COMPLEX

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the Atlantic
				  Ocean, it shall be unlawful for an individual fishing under a Recreational
				  Commercial Gear License with seines, shrimp trawls, pots, trotlines, or gill
				  nets to take any species of the snapper grouper complex.
(b) The list of species of the snapper
				  grouper complex in the South Atlantic Fishery Management Council Fishery
				  Management Plan for the Snapper Grouper Fishery of the South Atlantic Region is
				  incorporated by reference, including subsequent amendments and editions. Copies
				  of the plan are available at
www.safmc.net
and at the Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769,
				  Morehead City, North Carolina 28557, at no cost.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. April 1, 1997; March 1, 1996;
					 September 1, 1991;
Temporary Amendment Eff. December 23,
					 1996;
Amended Eff. August 1, 1998; April 1, 1997;
Temporary Amendment Eff. January 1, 2002; August 29, 2000; January 1, 2000; May
					 24, 1999;
Amended Eff. October 1, 2008; May 1, 2004; July 1, 2003;
					 April 1, 2003; August 1, 2002;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0507 - BILLFISH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to take blue marlin, white marlin, roundscale spearfish, or sailfish,
				  except by hook and line or for recreational purposes.
(b) For blue marlin, white marlin, and
				  roundscale spearfish, it shall be unlawful to do any of the following:
(1) possess blue marlin less than 99 inches
				  in length from the lower jaw to the fork in the tail;
(2) possess white marlin or roundscale
				  spearfish less than 66 inches in length from the lower jaw to the fork in the
				  tail;
(3) possess more than one
				  blue marlin, white marlin, or roundscale spearfish in the aggregate per vessel
				  per trip; and
(4) sell or offer for
				  sale blue marlin, white marlin, or roundscale spearfish.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0508 - STURGEON

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to possess sturgeon in North
					 Carolina.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.4;
Eff.
					 September 1, 1991;
Amended Eff. July 1, 1993;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0509 - TARPON

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to possess, sell, or
				  offer for sale tarpon.
(b) It shall
				  be unlawful to take tarpon by any method other than hook and line.
(c) It shall be unlawful to gaff, spear, or
				  puncture a tarpon.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 October 1, 1992;
Readopted Eff. March 17,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0510 - AMERICAN EEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to possess, sell, or take American eels less than nine inches in
				  length.
(b) It shall be unlawful to
				  possess more than 25 American eels per person per day for recreational
				  purposes, except the master and each mate of for-hire vessels that hold a valid
				  for-hire license may possess 50 eels each per day.
(c) It shall be unlawful to possess American
				  eels from September 1 through December 31, except when taken by baited
				  pots.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 July 1, 1993;
Temporary Amendment Eff. August 1, 2000;
Amended Eff. May 1, 2015; April 1, 2001;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0511 - REPEALED - BLUEFISH

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.52;
Eff.
					 March 1, 1994;
Amended Eff. March 1, 1996;
Temporary
					 Amendment Eff. September 9, 1996;
Amended Eff. April 1,
					 1997;
Temporary Amendment Eff. July 1, 1999;
Amended
					 Eff. October 1, 2008; April 1, 2003; August 1, 2000;
Repealed Eff.
					 April 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0512 - COMPLIANCE WITH FISHERY MANAGEMENT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  order to comply with management requirements incorporated in Federal Fishery
				  Management Council Management Plans or Atlantic States Marine Fisheries
				  Commission Management Plans or to implement state management measures, the
				  Fisheries Director may, by proclamation, take any or all of the following
				  actions for species listed in the Interjurisdictional Fisheries Management
				  Plan:
(1) Specify size;
(2) Specify seasons;
(3) Specify areas;
(4) Specify quantity;
(5) Specify means and methods; and
(6) Require submission of statistical and
				  biological data.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0513 - RIVER HERRING

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to take or possess river herring from
					 North Carolina Coastal Fishing Waters. Possession of river herring from sources
					 other than North Carolina Coastal Fishing Waters shall be limited to fish less
					 than or equal to six inches total length when aboard a vessel or while engaged
					 in fishing.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
Eff.
					 March 1, 1995;
Amended Eff. August 1, 1998;
Temporary
					 Amendment Eff. May 1, 2000; August 1, 1999; July 1, 1999; March 1,
					 1999;
Amended Eff. June 13, 2016; October 1, 2008; December 1,
					 2007; April 1, 2001;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0514 - REPEALED - SCUP

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221;
					 143B-289.4;
Temporary Adoption Eff. December 23, 1996;
Eff. July 1,
					 1998;
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 .0515 - DOLPHIN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to possess for recreational purposes any of the following:
(1) more than 10 dolphin per person per day
				  taken by hook and line; and
(2)
				  more than 60 dolphin per vessel per day regardless of the number of individuals
				  on board, except headboat vessels with a valid U.S. Coast Guard Certificate of
				  Inspection may possess 10 dolphin per paying customer.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0516 - REPEALED - COBIA

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;
Repealed Eff. April 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0517 - WAHOO

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to possess for
				  recreational purposes more than two wahoo per person per day taken by hook and
				  line.
(b) It shall be unlawful for
				  a commercial fishing operation to do any of the following:
(1) without a valid federal Atlantic
				  Dolphin/Wahoo Commercial vessel permit:
(A) to
				  take or possess more than two wahoo per person per day; and
(B) to sell wahoo; and
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0518 - KINGFISHES (SEA MULLET)

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 kingfishes:
(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.
					 October 1, 2008;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0519 - SHAD

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be unlawful to take or possess American shad from
					 the Atlantic Ocean.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-221.1;
					 143B-289.52;
Eff.
					 October 1, 2008;
Amended Eff. April 1, 2012;
Readopted
					 Eff. August 23, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0520 - TUNA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful to possess for
				  recreational purposes any of the following:
(1) yellowfin tuna less than 27 inches curved
				  fork length;
(2) bigeye tuna less
				  than 27 inches curved fork length; and
(3) more than three yellowfin tuna per person
				  per day.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0521 - SHEEPSHEAD

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 sheepshead:
(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.
					 April 1, 2014;
Readopted Eff. April 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter M - FINFISH › Section .0500 - OTHER FINFISH › Section 03M .0522 - SPOTTED SEATROUT

Current through Register Vol. 39, No. 2, July 15, 2024
The Fisheries Director may, by proclamation, impose any of
					 the following requirements on the taking of spotted seatrout:
(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.
					 May 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0101 - SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
To establish and protect those fragile estuarine and marine
				  areas which support juvenile and adult populations of economically important
				  fish species, as well as forage fish utilized in the food chain, the rules in
				  this Subchapter set forth permanent fish habitat areas in all coastal fishing
				  waters as defined through extensive estuarine and marine survey sampling
				  conducted by the Division.
Authority
				  G.S.
				  113-134;
				  113-182;
				  143B-289.52;
Eff.
				  January 1, 1991;
Amended Eff. December 1, 2007;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0102 - REPEALED - NURSERY AREAS DEFINED

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. December 1,
				  2007.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0103 - NURSERY AREA BOUNDARIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Primary and
				secondary nursery areas are defined in
				15A NCAC
				03I .0101 and designated in
				15A NCAC
				03R .0103,
				03R .0104, and .0105.
(b) Unless otherwise specified by the rule,
				primary nursery areas described in
				15A NCAC
				03R .0103 encompass all waters from the
				described line in the direction indicated in rule up to the headwaters of the
				waterbody or Inland-Coastal boundary lines, whichever area is first
				encountered.
(c) Unless otherwise
				specified by the rule, permanent and special secondary nursery areas designated
				in 15A
				NCAC 03R .0104 and
				03R .0105 encompass all waters
				from the described line in the direction indicated in rule up to the primary
				nursery area lines, Inland-Coastal boundary lines or the headwaters of the
				waterbody, whichever area is first encountered.
Authority
				  G.S.
				  113-134;
				  113-182;
				  143B-289.52;
Eff.
				  January 1, 1991;
Amended Eff. September 1, 1991;
Recodified from
				  15A NCAC
				  03N .0003 Eff. May 1, 1997;
Amended Eff. December 1, 2007; August 1, 2004; May 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0104 - PROHIBITED GEAR, PRIMARY NURSERY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to use any trawl net, long haul seine, swipe
				  net, dredge, or mechanical method for clams or oysters for the purpose of
				  taking any marine fishes in any of the primary nursery areas described in
				  15A NCAC
				  03R .0103.
Authority
				  G.S.
				  113-134;
				  113-182;
				  143B-289.52;
Eff.
				  January 1, 1991;
Amended Eff. September 1, 1991;
Recodified from
				  15A NCAC
				  03N .0004 Eff. May 1, 1997;
Amended Eff. May 1, 1997.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0105 - PROHIBITED GEAR, SECONDARY NURSERY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				is unlawful to use trawl nets for any purpose in any of the permanent secondary
				nursery areas designated in
				15A NCAC
				03R .0104.
(b) It is unlawful to use trawl nets for any
				purpose in any of the special secondary nursery areas designated in
				15A NCAC
				03R .0105, except that the Fisheries
				Director, may, by proclamation, open any or all of the special secondary
				nursery areas, or any portion thereof, listed in
				15A NCAC
				03R .0105 to shrimp or crab trawling from
				August 16 through May 14 subject to the provisions of
				15A NCAC
				03L .0100 and
				03L .0200.
Authority
				  G.S.
				  113-134;
				  113-182;
				  113-221;
				  143B-289.52;
Eff.
				  January 1, 1991;
Amended Eff. September 1, 1991;
Recodified from
				  15A NCAC
				  03N .0005 Eff. May 1, 1997;
Amended Eff. August 1, 2004; May 1, 1997.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter N - FISH HABITAT AREAS › Section 03N .0106 - ANADROMOUS FISH SPAWNING AREA BOUNDARIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Anadromous fish spawning areas are defined in
				15A NCAC
				03I .0101 and designated in
				15A NCAC
				03R .0115.
(b) Anadromous fish spawning areas described
				in 15A
				NCAC 03R .0115 encompass all waters,
				including tributaries from the described line in the direction indicated in
				Rule up to the headwaters of the waterbody or Inland-Coastal boundary lines,
				whichever area is first encountered and except when:
(1) otherwise specified by
				15A NCAC
				03R .0115; or
(2) the waterbody is impassable to fish
				migration due to manmade obstructions such as dams and causeways.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0102 - RECREATIONAL FISHING TOURNAMENT LICENSE TO SELL FISH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful for anyone other than the holder of the Recreational Fishing
				  Tournament License to Sell Fish to sell fish taken during a recreational
				  fishing tournament.
(b) Fish to be
				  sold under the Recreational Fishing Tournament License to Sell Fish must be
				  sold only to licensed fish dealers and shall comply with all applicable rules
				  of the Marine Fisheries Commission (MFC) or provisions of proclamations issued
				  by the Fisheries Director as authorized by the MFC.
(c) It is unlawful for a licensed
				  recreational fishing tournament organizer to fail to accurately and legibly
				  complete and file within 30 days after the last day of the tournament a North
				  Carolina Recreational Fishing Tournament Disposition of Proceeds from the Sale
				  of Fish Form provided by the Division.
Authority
					 G.S.
					 113-134;
					 113-168.4;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. March 1, 1994;
Temporary
					 Amendment Eff. July 1, 1999;
Amended Eff. December 1, 2006; August
					 1, 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0103 - AUXILIARY VESSELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful to fail to comply with Commercial Fishing Vessel Registration
				  requirements set forth in
				  G.S.
				  113-168.6 to operate a vessel used in
				  conjunction with a commercial fishing operation.
(b) An individual in command of a vessel that
				  is auxiliary to a vessel with a Commercial Fishing Vessel Registration with an
				  individual aboard who holds a Standard Commercial Fishing License or a Retired
				  Standard Commercial Fishing License engaged in a commercial fishing operation
				  using a pound net, long haul, or beach seine is exempt from the provisions of
				  G.S.
				  113-168.2(a1).
Authority
					 G.S.
					 113-134;
					 113-168.1;
					 113-168.2;
					 113-168.5;
					 113-168.6;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2000;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0104 - COMMERCIAL UNLOADING OF FISH

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful to unload fish from a vessel in North
					 Carolina which has been engaged in a commercial fishing operation outside state
					 waters without possessing a valid:
(1)
				  Standard or Retired Standard Commercial Fishing Licenses; or
(2) Menhaden License for Nonresidents Without
				  a Standard Commercial Fishing License; or
(3) Shellfish License for North Carolina
				  Residents without a Standard Commercial Fishing Licenses; or
(4) Land or Sell License.
Authority
					 G.S.
					 113-168.1;
					 113-168.2;
					 113-168.4;
					 113-169;
					 113-169.5;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2000.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0105 - REQUIREMENTS FOR MUSSEL DEALERS

Current through Register Vol. 39, No. 2, July 15, 2024
Persons dealing in mussels who are subject to licensing
					 requirements under the provisions of
					 G.S.
					 113-169.3 shall be required to purchase only
					 the license applicable to clam dealers and shall be required to hold a valid
					 Permit and Certificate of Compliance from the Division of Marine Fisheries
					 Shellfish Sanitation and Recreational Water Quality Section, as described in
					 Rule .0101 of this Section.
Authority
					 G.S.
					 113-134;
					 113-169.3;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2004; August 1, 2000;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0106 - DISPLAY OF LICENSES AND REGISTRATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be unlawful:
(1) for any person to use a vessel required
				  to be registered under the provisions of
				  G.S.
				  113-168.6 in a commercial fishing operation
				  without a current Commercial Fishing Vessel Registration decal mounted on an
				  exterior surface so as to be plainly visible when viewed from the port side;
				  and
(2) to display any Commercial
				  Fishing Vessel Registration decal not issued for the vessel displaying
				  it.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0107 - LICENSE REPLACEMENT AND FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  licensee shall receive a replacement for a commercial license, endorsement,
				  Commercial Fishing Vessel Registration decal, or Recreational Commercial Gear
				  License upon payment to the Division of Marine Fisheries a fee of ten dollars
				  ($10.00) or a fee equal to the initial cost of the license, endorsement, or
				  Commercial Fishing Vessel Registration, whichever is less.
(b) A licensee shall receive a replacement
				  Coastal Recreational Fishing License or a for-hire license as defined in
				  G.S.
				  113-174.3 upon payment to the Division of
				  Marine Fisheries a fee of five dollars ($5.00).
Authority
					 G.S.
					 113-134;
					 113-168.1;
					 113-168.6;
					 113-169.4;
					 113-173;
					 113-174.1;
					 113-174.2;
					 113-174.3;
					 113-182;
					 143B-289.52;
Eff.
					 January 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. December 1, 2006; August 1, 2000;
Readopted Eff. June
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0108 - LICENSE AND COMMERCIAL FISHING VESSEL REGISTRATION TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To transfer a license or Commercial
				  Fishing Vessel Registration, the license or registration shall not be expired
				  prior to transfer.
(b) Upon
				  transfer of a license or Commercial Fishing Vessel Registration, the transferee
				  becomes the licensee and assumes the privileges of holding the license or
				  Commercial Fishing Vessel Registration.
(c) A transfer application including a
				  certification statement form shall be provided by the Division of Marine
				  Fisheries. A transfer application shall be completed for each transfer
				  including, but not limited to:
(1) the
				  information required as set forth in Rule .0101(a) of this Section;
(2) a notarized statement from the transferee
				  listing any violations involving marine or estuarine resources in the State of
				  North Carolina during the previous three years; and
(3) a notarized statement from the transferee
				  that the information and supporting documentation submitted with the transfer
				  application is true and correct, and that the transferee acknowledges that it
				  is unlawful for a person to accept transfer of a license for which they are
				  ineligible.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0109 - ASSIGNMENT OF SCFL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Marine Fisheries shall provide assignment forms upon issuance of the Standard
				  Commercial Fishing License. Assignment must be made on the Division assignment
				  forms. On the assignment form, the Standard Commercial Fishing License holder
				  must designate what, if any, endorsements are included in the assignment.
				  Endorsements may not be assigned independent of the Standard Commercial Fishing
				  License. It is unlawful for the Standard Commercial Fishing License holder to
				  fail to submit within five days the completed assignment form to any office of
				  the Division in person or by mail to the Morehead City Division Office. An
				  assignment is in effect from the date specified on the assignment form and
				  when:
(1) assignment form is properly
				  completed;
(2) signatures of the
				  current license holder and the assignee are notarized; and
(3) assignee has in their possession the
				  original actual Standard Commercial Fishing License with endorsements of the
				  current license holder.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0110 - LICENSE REFUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
All license fees are non-refundable except if licenses are
					 issued by the Division of Marine Fisheries in error.
Authority
					 G.S.
					 113-134;
					 113-182;
					 143B-289.52;
					 147-84;
Eff. March 1,
					 1995;
Temporary Amendment Eff. July 1, 1999;
Amended
					 Eff. August 1, 2000;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0111 - SURRENDER OF LICENSES)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is unlawful
				  for any licensee to refuse to surrender to an agent of the Secretary all
				  licenses, license receipts, endorsements, commercial fishing vessel
				  registration or decals, and other forms and records relating to the license
				  following service of notice of suspension or revocation of licenses in
				  accordance with
				  G.S.
				  113-171.
(b) It is unlawful for any person in custody
				  or possession of any licenses, license receipt, endorsements, commercial
				  fishing vessel registration or decals, and other documentation required to be
				  surrendered to refuse to surrender same to an agent of the Secretary making
				  such demand.
Authority
					 G.S.
					 113-134;
					 113-171;
					 143B-289.52; S.L.
					 2010-145;
Temporary Adoption Eff. July 1, 1999;
Eff.
					 August 1, 2000;
Amended Eff. October 1,
					 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0112 - FOR-HIRE LICENSE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The license requirements for an operator
				  of a vessel engaged in a for-hire operation are set forth in
				  G.S.
				  113-174.3. Either the vessel owner or the
				  for-hire vessel operator may seek to obtain the applicable for-hire vessel
				  license. Only the vessel owner shall seek to obtain the applicable registration
				  and endorsement required by
				  G.S.
				  113-168.6. For the purpose of this Rule,
				  "for-hire vessel operator" shall include the holder of a Blanket For-Hire
				  Captain's Coastal Recreational Fishing License, Blanket For-Hire Vessel Coastal
				  Recreational Fishing License, or Non-Blanket For-Hire Vessel License, as set
				  forth in G.S. 113-174.3.
(b) It shall be unlawful for a for-hire
				  vessel operator to operate without:
(1)
				  holding the United States Coast Guard certification required in Rule .0101(a)
				  of this Section;
(2) having a copy
				  of the for-hire license in possession and ready at hand for inspection;
				  and
(3) having current picture
				  identification in possession and ready at hand for inspection.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0113 - OCEAN FISHING PIER REPORTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
It is unlawful for the responsible party of the Ocean
					 Fishing Pier License to fail to provide to the Division by the 10th of each
					 month a daily count of anglers fishing from the licensed pier from the previous
					 month, including a daily count of zero for days when anglers did not fish. The
					 information shall be submitted on a paper form provided by the Division or via
					 electronic mail to the electronic mail address provided at the time of license
					 application.
Authority
					 G.S.
					 113-134;
					 113-169.4;
					 113-174.1;
					 143B-289.52;
Eff.
					 April 1, 2011;
Amended Eff. May 1,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0100 - LICENSES › Section 03O .0114 - SUSPENSION, REVOCATION, AND REISSUANCE OF LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All commercial and recreational licenses issued under Article 14A, Article 14B,
				  and Article 25A of Chapter 113 shall be subject to suspension and
				  revocation.
(b) A conviction
				  resulting from being charged by an inspector under
				  G.S.
				  14-32,
				  14-33,
				  14-72, or
				  14-399 shall be deemed a
				  conviction for the purposes of license suspension or revocation.
(c) Upon receipt of notice of a licensee's
				  conviction as specified in
				  G.S.
				  113-171 or a conviction as specified in
				  Paragraph (b) of this Rule, the Fisheries Director shall determine whether it
				  is a first, second, third, fourth, or subsequent conviction. Where several
				  convictions result from a single transaction or occurrence, the convictions
				  shall be treated as a single conviction for the purposes of license suspension
				  or revocation. For a second conviction, the Fisheries Director shall suspend
				  all licenses issued to the licensee for a period of 30 days; for a third
				  conviction, the Fisheries Director shall suspend all licenses issued to the
				  licensee for a period of 90 days; for a fourth or subsequent conviction, the
				  Fisheries Director shall revoke all licenses issued to the licensee, except:
(1) for a felony conviction under
				  G.S.
				  14-399, the Fisheries Director shall suspend
				  all licenses issued to the licensee for a period of one year;
(2) for a first conviction under
				  G.S.
				  113-187(d)(1), the Fisheries
				  Director shall suspend all licenses issued to the licensee for a period of one
				  year; for a second or subsequent conviction under
				  G.S.
				  113-187(d)(1), the Fisheries
				  Director shall revoke all licenses issued to the licensee;
(3) for a conviction under
				  G.S.
				  14-72,
				  113-208,
				  113-209,
				  113-268, or
				  113-269, the Fisheries Director
				  shall revoke all licenses issued to the licensee; and
(4) for a conviction under
				  G.S.
				  14-32 or
				  14-33, if the offense was
				  committed against a marine fisheries inspector, the Fisheries Director shall
				  revoke all licenses issued to the licensee and the former licensee shall not be
				  eligible to apply for reinstatement of a revoked license or for any additional
				  license authorized in Article 14A, Article 14B, or Article 25A of Chapter 113
				  for a period of two years.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0201 - STANDARDS AND REQUIREMENTS FOR SHELLFISH LEASES AND FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All areas of the public bottom underlying
				  Coastal Fishing Waters shall meet the following standards and requirements, in
				  addition to the standards in
				  G.S.
				  113-202, in order to be deemed suitable for
				  leasing for shellfish aquaculture purposes:
(1) the proposed shellfish lease area shall
				  not contain a "natural shellfish bed," as defined in
				  G.S.
				  113-201.1, or have 10 bushels or more of
				  shellfish per acre;
(2) the
				  proposed shellfish lease area shall not be closer than 250 feet from a
				  developed shoreline or a water-dependent shore-based structure, except no
				  minimum setback is required when the area to be leased borders the applicant's
				  property, the property of "riparian owners" as defined in
				  G.S.
				  113-201.1 who have consented in a notarized
				  statement, or is in an area bordered by undeveloped shoreline. For the purposes
				  of this Rule, a water-dependent shore-based structure shall include docks,
				  wharves, boat ramps, bridges, bulkheads, and groins;
(3) the proposed shellfish lease area shall
				  not be closer than 250 feet to an existing lease;
(4) the proposed shellfish lease area, either
				  alone or when considered cumulatively with existing leases in the area, shall
				  not interfere with navigation or with existing, traditional uses of the area;
				  and
(5) the proposed shellfish
				  lease area shall not be less than one-half acre and shall not exceed 10
				  acres.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0202 - SHELLFISH LEASE APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Application forms are available from the Division of Marine Fisheries, 3441
				  Arendell Street, Morehead City, NC 28557 for persons desiring to apply for a
				  shellfish lease. Each application shall be accompanied by a map or diagram
				  prepared at the applicant's expense including an inset vicinity map showing the
				  location of the proposed shellfish lease with detail sufficient to permit
				  on-site identification pursuant to
				  G.S.
				  113-202(d1).
(b) As a part of the application, the
				  applicant shall submit a Shellfish Lease Management Plan for the area to be
				  leased for shellfish aquaculture purposes on a form provided by the Division
				  that shall:
(1) state the methods through
				  which the applicant will cultivate and produce shellfish consistent with the
				  requirements in accordance with Rule .0201 of this Section;
(2) state the time intervals during which
				  phases of cultivation and production will be achieved;
(3) state the materials and techniques that
				  will be utilized in management of the shellfish lease;
(4) forecast the results expected to be
				  achieved by the Shellfish Lease Management Plan activities;
(5) describe the productivity of any other
				  shellfish leases or franchises held by the applicant; and
(6) state the locations of each corner
				  defining the area to be leased with no more than eight corners.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0203 - SHELLFISH LEASE APPLICATION PROCESSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  After acceptance of a completed shellfish lease application as set forth in
				  Rule .0202 of this Section, the proposed shellfish lease area shall be
				  inspected by agents of the Division of Marine Fisheries. Proposed shellfish
				  lease areas inconsistent with applicable standards contained or referenced in
				  Rule .0201 of this Section shall result in the return of the application for
				  amendment to remove the inconsistencies. If the boundaries of the proposed
				  shellfish lease area are modified, the stakes identifying such areas shall be
				  relocated accordingly by the applicant or applicants. The failure of the
				  applicant or applicants to amend the application or modify the shellfish lease
				  area identification, when required, within 30 days of notification shall result
				  in denial of the application.
(b)
				  If the initial or amended shellfish lease application is deemed consistent with
				  all applicable requirements, the Secretary or the Secretary's designee shall
				  notify the applicant and publish notices of intention to lease in accordance
				  with the standards in
				  G.S.
				  113-202(f).
(c) The Secretary shall consider the
				  shellfish lease application, the Division's proposed lease area analysis, and
				  public comments, and may in the Secretary's discretion lease or decline to
				  lease the proposed lease area or any part thereof. Special conditions may be
				  imposed so that shellfish leases may be issued that would otherwise be denied.
				  Should an applicant decide not to accept any special condition imposed on the
				  shellfish lease by the Secretary, the application shall be considered
				  denied.
(d) After approval of a
				  shellfish lease by the Secretary, the applicant or applicants shall mark the
				  lease in accordance with Rule .0204 of this Section within 30 days of
				  approval.
(e) Proposed shellfish
				  bottom lease areas remain public bottom until a lease contract has been
				  executed by the Secretary.
(f)
				  Proposed shellfish water column lease areas superjacent to bottom leases and
				  franchises remain public water until a lease contract has been executed by the
				  Secretary.
Authority
					 G.S.
					 113-134;
					 113-182;
					 113-201;
					 113-202;
					 113-202.1;
					 113-202.2;
					 113-206;
					 143B-289.52;
Eff.
					 January 1, 1991;
Amended Eff. October 1, 2008; March 1, 1994;
					 September 1, 1991;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0204 - MARKING SHELLFISH LEASES AND FRANCHISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All shellfish leases and franchises shall be marked by the lease or franchise
				  holder as follows:
(1) Shellfish bottom leases
				  and franchises shall be marked by:
(A) stakes
				  of wood or plastic material no less than three inches in diameter and no more
				  than 12 inches in diameter at the mean high water mark and extending at least
				  four feet above the mean high water mark for each corner, except stakes more
				  than 12 inches in diameter approved as part of a Coastal Area Management Act
				  Permit issued in accordance with
				  G.S.
				  113A-118 and
				  G.S.
				  113-229 shall be allowed. The stakes shall be
				  firmly jetted or driven into the bottom at each corner as identified in Rule
				  .0202(b)(6) of this Section.
(B)
				  signs displaying the number of the shellfish lease or franchise and the name of
				  the lease or franchise holder printed in letters at least three inches high
				  shall be firmly attached to each corner stake.
(C) yellow light reflective tape or yellow
				  light reflective devices on each corner stake. The yellow light reflective tape
				  or yellow light reflective devices shall be affixed to each corner stake, shall
				  cover a vertical distance of not less than 12 inches, and shall be visible from
				  all directions.
(D) supplementary
				  stakes of wood or plastic material no less than three inches in diameter and no
				  more than four inches in diameter, not farther apart than 150 feet or closer
				  together than 50 feet and extending at least four feet above the mean high
				  water mark, shall be placed along each boundary, except if doing so interferes
				  with the use of traditional navigation channels.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter O - LICENSES, LEASES, FRANCHISES AND PERMITS › Section .0200 - SHELLFISH LEASES AND FRANCHISES › Section 03O .0205 - SHELLFISH LEASE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Shellfish lease
				  renewal applications shall be provided to lease holders by the Division of
				  Marine Fisheries as follows:
(1) for a
				  shellfish bottom lease, a renewal application shall be provided in January of
				  the year of expiration.
(2) for a
				  shellfish water column lease, a renewal application shall be provided at least
				  90 days prior to the expiration date.