North Carolina Administrative Code

15A NCAC 03I .0114 RECORDKEEPING REQUIREMENTS (a) It shall be unlawful for a licensed fish dealer: (1) to record false information on the North Carolina trip ticket or to fail to legibly record all items on the North Carolina trip ticket for each transaction and submit the trip t…

15A NCAC 03I .0115 REPLACEMENT COSTS OF MARINE AND ESTUARINE RESOURCES - FISH (a) In accordance with G.S. 113-267, this Rule shall apply to replacement costs of fish that have been taken, injured, removed, harmfully altered, damaged, or destroyed. Fish, as used throughout this Ru…

15A NCAC 03I .0116 CORAL AND LIVE ROCK (a) It is unlawful to harvest or possess aboard a vessel coral or live rock as defined in 15A NCAC 03I .0101. (b) Live rock and coral shall be returned to the waters where taken. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Ef…

15A NCAC 03I .0117 FISHERY RESOURCE GRANT PROGRAM History Note: Filed as a Temporary Adoption Eff. September 26, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority G.S. 113-134; 113-200; 143B-289.52; 1993 (Regular Session …

15A NCAC 03I .0118 DISPOSAL OF EVIDENCE It shall be unlawful for any person to dispose of fish, parts of fish, fishing equipment or gear, or other matter preparatory to, during, or subsequent to the taking of fish after any communication or signal from an inspector, or after the …

15A NCAC 03I .0119 PROHIBITED FISHING ACTIVITY DUE TO PUBLIC HEALTH OR SAFETY (a) It is unlawful to possess, sell, or take fish by any method or use any fishing equipment in areas of coastal waters that are closed to fishing by the Marine Fisheries Commission because the areas ar…

15A NCAC 03I .0120 POSSESSION OR TRANSPORTATION LIMITS THROUGH STATE WATERS; SALE OF NATIVE SPECIES (a) It shall be unlawful to possess or transport through State coastal fishing waters any species of fish that is subject to State season, size, or harvest restrictions, regardless…

15A NCAC 03I .0121 MAPS AND MARKING (a) Maps or charts showing the boundaries of areas identified in this Chapter and in proclamations issued by the Fisheries Director are available for inspection at the Morehead City Office of the Division of Marine Fisheries. (b) The Division o…

15A NCAC 03I .0122 USER CONFLICT RESOLUTION (a) To address user conflicts, the Fisheries Director may, by proclamation, impose any of the following restrictions: (1) specify time; (2) specify area; (3) specify means and methods; (4) specify season; and (5) specify quantity. This …

15A NCAC 03I .0123 COMMERCIAL HARVEST REPORTING REQUIREMENTS (a) Under G.S. 113-170.3 and for the purpose of this Rule, "harvest" shall mean the catching or taking of a fish and reducing it to permanent possession by not returning it to the water. Harvest shall be deemed complete…

15A NCAC 03I .0124 NON-COMMERCIAL HARVEST REPORTING REQUIREMENTS (a) Under G.S. 113-170.3 and for the purpose of this Rule, "harvest" shall mean the catching or taking of a fish and reducing it to permanent possession by not returning it to the water. Harvest shall be deemed comp…

SUBCHAPTER 03J - NETS, POTS, DREDGES, AND OTHER FISHING DEVICES SECTION .0100 - NET RULES, GENERAL 15A NCAC 03J .0101 FIXED OR STATIONARY NETS It shall be unlawful to use or set fixed or stationary nets for any of the following: (1) in the channel of the Intracoastal Waterway; (2…

15A NCAC 03J .0102 NETS OR NET STAKES It shall be unlawful to use nets, or net stakes of metallic material, in any of the following Internal Coastal Waters: (1) within 150 yards of any railroad or highway bridge crossing the Northeast Cape Fear River, New River, White Oak River, …

15A NCAC 03J .0103 Gill Nets, Seines, Identification, Restrictions (a) It shall be unlawful to use gill nets: (1) with a mesh length less than two and one-half inches; and (2) in Internal Waters from April 15 through December 15, with a mesh length five inches or greater and less…

15A NCAC 03J .0104 TRAWL NETS (a) It shall be unlawful to possess aboard a vessel while using a trawl net in Internal Waters more than 500 pounds of finfish from December 1 through March 1, and 1,000 pounds of finfish from March 2 through November 30. (b) It shall be unlawful to …

15A NCAC 03J .0105 PURSE SEINES (a) It shall be unlawful to use purse seines except for the taking of menhaden, Atlantic thread herring, gizzard shad, or pinfish. (b) It shall be unlawful to use a purse seine in accordance with the following: (1) in the Atlantic Ocean as describe…

15A NCAC 03J .0106 CHANNEL NETS (a) It shall be unlawful to use a channel net: (1) until the Fisheries Director specifies by proclamation, time periods and areas for the use of channel nets and other fixed nets for shrimping; (2) without yellow light reflective tape on the top po…

15A NCAC 03J .0107 POUND NET SETS History Note: Authority G.S. 113-134; 113-182; 113-182.1; 113-221; 143B-289.52; Eff. January 1, 1991; Amended Eff. April 1, 1999; March 1, 1996; March 1, 1994; September 1, 1991; January 1, 1991; Temporary Amendment Eff. September 1, 2000; August…

15A NCAC 03J .0108 NETS PULLED BY MORE THAN ONE VESSEL It shall be unlawful to pull or tow a net with more than one vessel, except in long haul operations. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Readopted Eff. April 1, 2019.

15a ncac 03j .0109 long haul and swipe net REQUIREMENTS It shall be unlawful to use a net in a long haul or swipe net fishing operation: (1) without a floating buoy that shall be international orange, no less than five inches in diameter, and no less than 11 inches in length atta…

15A NCAC 03J .0110 SEINES It shall be unlawful to use seines 30 feet or longer for recreational purposes unless the net is marked by attaching to the corkline a floating buoy, any shade of hot pink in color. Buoys shall be of solid foam or other solid buoyant material no less tha…

15a ncac 03j .0111 FYKE OR HOOP NETS (a) It shall be unlawful to use fyke or hoop nets in Coastal Fishing Waters without: (1) the owner's identification being printed on a sign no less than six inches square, attached on an outside corner stake of each such net; or (2) each net b…

SECTION .0200 - NET RULES, SPECIFIC AREAS 15A NCAC 03J .0201 ALBEMARLE SOUND AND TRIBUTARIES History Note: Authority G.S. 113-134; 113-182; 143B-289.4; Eff. January 1, 1991; Repealed Eff. September 1, 1991.

15A NCAC 03J .0202 ATLANTIC OCEAN In the Atlantic Ocean: (1) It shall be unlawful to use nets from June 15 through August 15 in the waters of Masonboro Inlet or in the ocean within 300 yards of the beach between Masonboro Inlet and a line running southeasterly through the water t…

15A NCAC 03J .0203 CHOWAN RIVER AND meherrin river (a) In the Chowan River and the Meherrin River, it shall be unlawful to do any of the following: (1) set a pound net within 150 yards of the mouth of any tributary; and (2) set a trotline within 100 yards of a pound net from Febr…

15A NCAC 03J .0204 CURRITUCK SOUND AND ITS TRIBUTARIES In the Internal Coastal Waters of Currituck Sound and its tributaries, it shall be unlawful to do any of the following: (1) conduct long haul operations, as defined in 15A NCAC 03I .0101; and (2) use a seine that is more than…

15A NCAC 03J .0205 ROANOKE: CASHIE: MIDDLE AND EASTMOST RIVERS History Note: Authority G.S. 113-134; 113-182; 143B-289.4; Eff. January 1, 1991; Repealed Eff. September 1, 1991.

15a ncac 03j .0206 SOUTHPORT BOAT HARBOR It shall be unlawful to use commercial fishing gear in the Southport Boat Harbor, Brunswick County, north of a line beginning at a point on the west side of the mouth of the harbor 33° 54.9656' N – 78° 01.4477' W, running easterly to a poi…

15A NCAC 03J .0207 nuclear plant INTAKE CANAL It shall be unlawful to use any commercial fishing equipment in a nuclear plant intake canal between the fish diversion screen and the nuclear plant. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Am…

15A NCAC 03J .0208 NEW RIVER (a) It shall be unlawful to use trawl nets except skimmer trawls upstream of the Highway 172 Bridge over New River. (b) It shall be unlawful to use skimmer trawls upstream of the Highway 172 Bridge over New River from 9:00 p.m. through 5:00 a.m. from …

15A NCAC 03J .0209 ALBEMARLE SOUND AND CHOWAN RIVER RIVER HERRING MANAGEMENT AREAS It shall be unlawful to use drift gill nets with a mesh length less than three inches from January 1 through May 15 in the Albemarle Sound and Chowan River river herring management areas defined in…

SECTION .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES 15A NCAC 03J .0301 POTS (a) It shall be unlawful to use pots except during time periods and in areas specified herein: (1) in Internal Waters from December 1 through May 31, except that: (A) in the Northern Region designate…

15A NCAC 03J .0302 RECREATIONAL USE OF POTS (a) It shall be unlawful for a Recreational Commercial Gear License holder to use pots authorized by 15A NCAC 03O .0302 unless each pot is marked by attaching a floating buoy, any shade of hot pink in color. Buoys shall be of solid foam…

15A NCAC 03J .0303 DREDGES AND MECHANICAL METHODS PROHIBITED (a) It shall be unlawful to use any dredge weighing more than 100 pounds, except in the Atlantic Ocean. (b) It shall be unlawful to use more than one dredge per vessel to take oysters or crabs or to use any dredges or m…

15A NCAC 03J .0304 ELECTRICAL FISHING DEVICE IN CAPE FEAR RIVER It shall be unlawful to take catfish by the use of a hand-operated device generating pulsating electrical current in the Internal Coastal Fishing Waters of the Cape Fear River except: (1) from 800 feet downstream of …

15A NCAC 03J .0305 TROTLINES (MULTIPLE HOOK OR MULTIPLE BAIT) (a) It shall be unlawful to use multiple hook or multiple bait trotlines for recreational purposes unless each multiple hook or multiple bait trotline is marked by attaching to them at each end a floating buoy, any sha…

15A NCAC 03J .0306 HOOK AND LINE It shall be unlawful to use any hook larger than 4/0 from July 1 through September 30 in the Internal Coastal Waters of Pamlico Sound and its tributaries south of the Albemarle Sound Management Area as defined in 15A NCAC 03R .0201 and north of a …

SECTION .0400 - FISHING GEAR 15A NCAC 03J .0401 FISHING GEAR (a) The Fisheries Director, in order to address issues involving user conflicts may, by proclamation, close the areas described in Paragraph (b) of this Rule to the use of specific fishing gear. (b) It shall be unlawful…

15A NCAC 03J .0402 FISHING GEAR RESTRICTIONS (a) It shall be unlawful to use commercial fishing gear in the following areas during dates and times specified for the identified areas: (1) Atlantic Ocean - Dare County: (A) Nags Head: (i) seines and gill nets shall not be used from …

15A NCAC 03J .0403 NEUSE RIVER AND ITS TRIBUTARIES History Note: Filed as a Temporary Adoption Eff. October 16, 1995, for a period of 77 days to expire on January 1, 1996; Authority G.S. 113-134; 113-182; 113-221; 143B-289.52; Temporary Adoption Expired January 1, 1996.

15A NCAC 03J .0404 OCEAN ARTIFICIAL REEF GEAR RESTRICTIONS (a) For the purpose of this Rule: (1) "hand line" shall mean fishing gear that is set and pulled by hand and consists of one vertical line to which may be attached leader lines with hooks. (2) "hook and line" shall mean o…

Section .0500 – Pound Nets 15A NCAC 03J .0501 DEFINITIONS AND STANDARDS FOR POUND NETS AND POUND NET SETS (a) The following definitions shall apply to this Section: (1) "Deployed pound net" means setting of any part of a pound net except for a location identification stake or, fo…

15A NCAC 03J .0502 POUND NET SET PERMIT APPLICATION AND PROCESSING (a) All initial, renewal, or transfer applications for Pound Net Set Permits, and the operation of such pound net sets, shall comply with the requirements governing all permits as provided in 15A NCAC 03O .0502. T…

15A NCAC 03J .0503 POUND NET SET PERMIT RENEWAL An application for renewal of an existing Pound Net Set Permit shall be filed not less than 30 days prior to the date of expiration of the existing permit and shall not be processed unless filed by the permittee. The Fisheries Direc…

15A NCAC 03J .0504 POUND NET SET PERMIT TRANSFER (a) It shall be unlawful to transfer a Pound Net Set Permit without a completed application for transfer being submitted to the Division of Marine Fisheries not less than 45 days before the date of the transfer. The application sha…

15A NCAC 03J .0505 POUND NET SET PERMIT CONDITIONS (a) It shall be unlawful for a permittee to: (1) fail to notify the Division of Marine Fisheries Communications Center by phone at 800-682-2632 or 252-726-7021 within 72 hours of: (A) an operational pound net set. Notification sh…

subchapter 03k - OYSTERS, CLAMS, SCALLOPS, AND MUSSELS section .0100 – shellfish, general 15A NCAC 03K .0101 PROHIBITED activities in pOLLUTED SHELLFISH AREAS (a) It shall be unlawful to possess, sell, or take oysters, clams, or mussels from areas that have been designated as pol…

15A NCAC 03K .0102 RAKES PROHIBITED It shall be unlawful to use a rake more than 12 inches wide or weighing more than six pounds to take: (1) oysters or scallops; or (2) clams in any live oyster bed, or in any established bed of submerged aquatic vegetation as defined in 15A NCAC…

15A NCAC 03K .0103 shellfish management areas (a) For the purpose of this Rule, "Shellfish Management Area" shall mean an area that has environmental conditions suitable for shellfish growth and survival that is designated to establish a localized regulatory strategy to improve t…

15A NCAC 03K .0104 PERMITS FOR RELAYING SHELLFISH FROM POLLUTED AREAS History Note: Authority G.S. 113-134; 113-182; 113-203; 113-221.1; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1996; September 1, 1991; Temporary Amendment Eff. October 1, 2001; Amended Eff. April …