North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter I - GENERAL RULES › Section .0100 - GENERAL RULES › Section 03I .0105 - LEAVING DEVICES UNATTENDED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  is unlawful to leave stakes, anchors, nets, buoys, or floating devices in any
				  coastal fishing waters when such devices are not being employed in fishing
				  operations except as otherwise provided by rule or General Statute.
(b) It is unlawful to leave pots in any
				  coastal fishing waters for more than five consecutive days, when such pots are
				  not being employed in fishing operations, except upon a timely and sufficient
				  showing of hardship as defined in Subparagraph (b)(2) of this Rule or as
				  otherwise provided by General Statute.
(1)
				  Agents of the Fisheries Director may tag pots with a device approved by the
				  Fisheries Director to aid and assist in the investigation and identification of
				  unattended pots. Any such device attached to a pot by agents of the Fisheries
				  Director must be removed by the individual utilizing the pot within five days
				  of attachment in order to demonstrate that the pot is being employed in fishing
				  operations.
(2) For the purposes of
				  Paragraph (b) of this Rule only, a timely and sufficient showing of hardship in
				  a commercial fishing operation shall be written notice given to the Fisheries
				  Director that a mechanical breakdown of the owner's vessel(s) currently
				  registered with the Division of Marine Fisheries under
				  G.S.
				  113-168.6, or the death, illness or
				  incapacity of the owner of the pot or his immediate family , as defined in
				  G.S.
				  113-168, prevented or will prevent employing
				  such pots in fishing operations more than five consecutive days. The notice,
				  specifying the time needed because of hardship, shall be received by the
				  Fisheries Director before any pot is left in coastal fishing waters for five
				  consecutive days without being employed in fishing operations, and shall state,
				  in addition to the following, the number and specific location of the pots, and
				  the date on which the pots will be employed in fishing operations or removed
				  from coastal fishing waters:
(A) in case of
				  mechanical breakdown, the notice shall state the commercial fishing vessel
				  registration number, owner's N.C. motor boat registration number of the
				  disabled vessel, date disabled, arrangements being made to repair the vessel or
				  a copy of the work order showing the name, address and phone number of the
				  repair facility; or
(B) in case of
				  the death, illness or incapacity of the owner of the pot or his immediate
				  family, the notice shall state the name of the owner or immediate family
				  member, the date of death, the date and nature of the illness or incapacity.
				  The Fisheries Director may require a doctor's verification of the illness or
				  incapacity.
(3) The
				  Fisheries Director may, by proclamation, modify the five day requirement, if
				  necessary due to hurricanes, severe weather or other variable conditions.
				  Failure to employ in fishing operations or remove from coastal fishing waters
				  all pots for which notice of hardship is received under this Rule within 14
				  days of the expiration of the hardship shall be violation of this
				  Rule.