North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 03 - MARINE FISHERIES › Subchapter I - GENERAL RULES › Section .0100 - GENERAL RULES › Section 03I .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All definitions set out in G.S. 113, Subchapter IV and the
					 following additional terms shall apply to this Chapter:
(1) enforcement and management terms:
(a) "Commercial quota" means total quantity
				  of fish allocated for harvest by commercial fishing operations.
(b) "Educational institution" means a
				  college, university, or community college accredited by an accrediting agency
				  recognized by the U.S. Department of Education; an Environmental Education
				  Center certified by the N.C. Department of Environmental Quality Office of
				  Environmental Education and Public Affairs; or a zoo or aquarium certified by
				  the Association of Zoos and Aquariums.
(c) "Internal Coastal Waters" or "Internal
				  Waters" means all Coastal Fishing Waters except the Atlantic Ocean.
(d) length of finfish:
(i) "Curved fork length" means a length
				  determined by measuring along a line tracing the contour of the body from the
				  tip of the upper jaw to the middle of the fork in the caudal (tail)
				  fin.
(ii) "Fork length" means a
				  length determined by measuring along a straight line the distance from the tip
				  of the snout with the mouth closed to the middle of the fork in the caudal
				  (tail) fin, except that fork length for billfish is measured from the tip of
				  the lower jaw to the middle of the fork of the caudal (tail) fin.
(iii) "Pectoral fin curved fork length" means
				  a length of a beheaded fish from the dorsal insertion of the pectoral fin to
				  the fork of the tail measured along the contour of the body in a line that runs
				  along the top of the pectoral fin and the top of the caudal keel.
(iv) "Total length" means a length determined
				  by measuring along a straight line the distance from the tip of the snout with
				  the mouth closed to the tip of the compressed caudal (tail) fin.
(e) "Nongovernmental conservation
				  organization" means an organization whose primary mission is the conservation
				  of natural resources.
(f)
				  "Polluted" means any shellfish growing waters as defined in
				  15A NCAC
				  18A .0901:
(i) that are contaminated with fecal
				  material, pathogenic microorganisms, poisonous or deleterious substances, or
				  marine biotoxins that render the consumption of shellfish from those growing
				  waters hazardous;
(ii) that have
				  been determined through a sanitary survey as defined in
				  15A NCAC
				  18A .0901 to be adjacent to a sewage
				  treatment plant outfall or other point source outfall with public health
				  significance;
(iii) that have been
				  determined through a sanitary survey as defined in
				  15A NCAC
				  18A .0901 to be in or adjacent to a
				  marina;
(iv) that have been
				  determined through a sanitary survey as defined in
				  15A NCAC
				  18A .0901 to be impacted by other potential
				  sources of pollution that render the consumption of shellfish from those
				  growing waters hazardous; or
(v)
				  where the Division of Marine Fisheries is unable to complete the monitoring
				  necessary to determine the presence of contamination or potential pollution
				  sources.
(g)
				  "Recreational possession limit" means restrictions on size, quantity, season,
				  time period, area, means, and methods where take or possession is for a
				  recreational purpose.
(h)
				  "Recreational quota" means total quantity of fish allocated for harvest for a
				  recreational purpose.
(i) "Regular
				  closed oyster season" means March 31 through October 15, unless amended by the
				  Fisheries Director through proclamation authority.
(j) "Scientific institution" means one of the
				  following entities:
(i) an educational
				  institution as defined in this Item;
(ii) a state or federal agency charged with
				  the management of marine or estuarine resources; or
(iii) a professional organization or
				  secondary school working under the direction of, or in compliance with mandates
				  from, the entities listed in Sub-items (j)(i) and (ii) of this Item.