North Carolina Administrative Code

15A NCAC 03K .0105 RECREATIONAL harvest of shellfish (a) It shall be unlawful to take oysters or clams from public bottom on Sundays, and scallops from public bottom on Saturdays and Sundays except: (1) during open seasons; and (2) for recreational purposes. (b) It shall be unlaw…

15A NCAC 03K .0106 TAKING OR UNLOADING OYSTERS AND CLAMS ON SUNDAY OR AT nIGHT (a) It shall be unlawful to take oysters or clams between the hours of sunset and sunrise on any day. (b) It shall be unlawful to unload oysters or clams from any vessel or remove any vessel containing…

15A NCAC 03K .0107 DEPURATION OF CLAMS AND OYSTERS (a) It shall be unlawful to take clams or oysters from polluted public waters or franchises of the State for the purpose of depuration except when the harvest will utilize clams or oysters that would otherwise be destroyed in mai…

15A NCAC 03K .0108 DREDGES AND MECHANICAL METHODS PROHIBITED (a) It shall be unlawful to use mechanical methods, except mechanical methods for clamming and mechanical methods for oystering as defined in 15A NCAC 03I .0101, to take shellfish. (b) It shall be unlawful to use mechan…

15A NCAC 03K .0109 SHELLFISH Harvest TAGS Consistent with the requirements of this Rule, it shall be unlawful to possess or sell oysters, clams, or mussels taken in a commercial fishing operation without a harvest tag affixed to each container of oysters, clams, or mussels. Tags …

15A NCAC 03K .0110 PUBLIC HEALTH AND Control of Oysters, clams, SCALLOPS, and mussels (a) The National Shellfish Sanitation Program Guide for Control of Molluscan Shellfish, Section II: Model Ordinance (Model Ordinance) includes requirements for the sale or distribution of shellf…

15A NCAC 03K .0111 PERMITS TO USE MECHANICAL METHODS FOR SHELLFISH ON SHELLFISH LEASES OR FRANCHISES History Note: Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52; Eff. May 1, 2015; Repealed Eff. March 15, 2023.

SECTION .0200 – OYSTERS 15A NCAC 03K .0201 Oyster HARVEST MANAGEMENT (a) It shall be unlawful to take or possess oysters from public bottom except from October 15 through March 31. (b) The Fisheries Director may, by proclamation, impose any of the following restrictions on the ta…

15A NCAC 03K .0202 CULLING REQUIREMENTS FOR Oysters (a) It shall be unlawful to possess oysters that have accumulated dead shell, accumulated oyster cultch material, a shell length less than that specified by proclamation issued under the authority of Rule .0201 of this Section, …

15A NCAC 03K .0203 TRAWLING ACROSS OYSTER MANAGEMENT AREAS PROHIBITED History Note: Authority G.S. 113-134; 113-182; 143B-289.4; Eff. January 1, 1991; Repealed Eff. March 1, 1994.

15A NCAC 03K .0204 MECHANICAL METHODS for oystering PROHIBITED It shall be unlawful to use any mechanical methods for oystering as defined in 15A NCAC 03I .0101 to take oysters: (1) in the Mechanical Methods Prohibited areas designated in 15A NCAC 03R .0108, except on shellfish l…

15a ncac 03k .0205 MARKETING OYSTERS TAKEN FROM A SHELLFISH Lease or Franchise (a) It shall be unlawful to take, possess, buy, or sell oysters from a shellfish lease or franchise during the open season unless such oysters have been culled in accordance with Rule .0202 of this Sec…

15A NCAC 03K .0206 PERMITS TO USE MECHANICAL METHODS FOR OYSTERS OR CLAMS ON SHELLFISH LEASES OR FRANCHISES History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. October 1, 1992; Temporary Amendment Eff. September 1, 2000; Amended Eff. August 1, 2002; Repealed Eff. May…

15a ncac 03k .0207 OYSTER SIZE AND HARVEST LIMIT EXEMPTIONs Possession and sale of oysters by a hatchery or aquaculture operation and purchase and possession of oysters from a hatchery or aquaculture operation shall be exempt from bag and size limit restrictions as set forth in R…

15A NCAC 03K .0208 SEED OYSTER MANAGEMENT AREAS (a) For the purpose of this Rule and 15A NCAC 03R .0116, "Seed Oyster Management Area" shall mean a shellfish producing habitat area located in open harvest waters that has environmental conditions unsuitable for shellfish growth an…

15A NCAC 03K .0209 OYSTER SANCTUARIES (a) For the purpose of this Rule and 15A NCAC 03R .0117, "Oyster Sanctuary" shall mean a type of artificial reef and shellfish producing habitat constructed for the purpose of oyster restoration that is managed to sustain populations of oyste…

SECTION .0300 - HARD CLAMS (MERCENARIA) 15A NCAC 03K .0301 SIZE AND HARVEST LIMITS OF CLAMS (a) It shall be unlawful to take, land, or possess aboard a vessel more than 6,250 hard clams per commercial fishing operation from public bottom in internal waters. It shall be unlawful t…

15A NCAC 03K .0302 MECHANICAL HARVEST OF CLAMS FROM PUBLIC BOTTOM (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 m…

15A NCAC 03K .0303 PERMITS TO USE MECHANICAL METHODS FOR OYSTERS OR CLAMS ON SHELLFISH LEASES OR FRANCHISES REQUIREMENT History Note: 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; Am…

15A NCAC 03K .0304 PROHIBITED TAKING Of Clams (a) It shall be unlawful to take clams by mechanical methods for clamming as defined in 15A NCAC 03I .0101, except as provided in Rule .0302 of this Section. Regardless of the areas that may be opened, it shall be unlawful to take cla…

15A NCAC 03K .0305 CLAM SIZE AND HARVEST LIMIT EXEMPTIONs Possession and sale of clams by a hatchery or aquaculture operation and purchase and possession of clams from a hatchery or aquaculture operation shall be exempt from bag and size limit restrictions as set forth in Rule .0…

SECTION .0400 - RANGIA CLAMS 15a ncac 03k .0401 POLLUTED AREA PERMIT REQUIREMENTS History Note: 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. March 15, 2023; Repealed Eff. March 24, 2025.

15A NCAC 03K .0402 SIZE AND HARVEST LIMITS Size and harvest limits applicable to hard clams in Rule .0301 of this Subchapter shall not apply to Rangia clams. History Note: Authority G.S. 113-134; 113-182; 113-201; 113-202; 143B-289.52; Eff. January 1, 1991; Amended Eff. August 1,…

15a ncac 03k .0403 DISPOSITION OF MEATS History Note: 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; Repealed Eff. March 24, 2025.

15a ncac 03k .0404 DREDGES AND MECHANICAL METHODS PROHIBITED AND OPEN SEASON 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 vegetat…

15a ncac 03k .0405 OYSTERS, HARD CLAMS, OR MUSSELS PROHIBITED History Note: Authority G.S. 113-134; 113-182; 113-201; 143B-289.52; Eff. August 1, 2004; Readopted Eff. April 1, 2019; Repealed Eff. March 24, 2025.

section .0500 - scallops 15A NCAC 03K .0501 BAY SCALLOP HARVEST MANAGEMENT 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…

15A NCAC 03K .0502 TAKING BAY SCALLOPS AT NIGHT AND ON WEEKENDS (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 …

15A NCAC 03K .0503 BAY SCALLOP DREDGE PROHIBITED 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 sc…

15A NCAC 03K .0504 CALICO SCALLOP HARVEST MANAGEMENT (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 …

15A NCAC 03K .0505 SEA SCALLOPS SIZE LIMIT AND TOLERANCE It shall be unlawful to land or possess more than 10 percent by number sea scallops with a shell height of less than three and one-half inches. In determining whether the 10 percent tolerance limit has been exceeded, Marine…

15A NCAC 03K .0506 SOAKED OR SWELLED BAY SCALLOPS PROHIBITED History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Amended Eff. July 1, 1993; Repealed Eff. February 1, 2008.

15A NCAC 03K .0507 MARKETING SCALLOPS TAKEN FROM a SHELLFISH lease OR franchise (a) All commercial scallop harvesting operations shall operate in accordance with any proclamations issued under the authority of Rule .0110 of this Subchapter. (b) It shall be unlawful for a shellfis…

15A NCAC 03K .0508 SCALLOP AQUACULTURE HARVEST EXEMPTIONS 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…

subchapter 03l – SHRIMP, crab, and lobster section .0100 - shrimp 15A NCAC 03L .0101 SHRIMP HARVEST RESTRICTIONS (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…

15A NCAC 03L .0102 WEEKEND SHRIMPING PROHIBITED It shall be 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 nets, channel nets, hand seines, shrimp pots, or cast nets; or (3) …

15A NCAC 03L .0103 PROHIBITED NETS, MESH LENGTHS, AND AREAS (a) It shall be unlawful to take shrimp with nets with mesh lengths less than the following: (1) trawl nets: one and one-half inches; (2) fixed nets, channel nets, float nets, butterfly nets, and hand seines: one and one…

15A NCAC 03L .0104 UNLAWFUL TO USE OR TAKE History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Repealed Eff. April 1, 2009.

15A NCAC 03L .0105 RECREATIONAL SHRIMP LIMITS It shall be 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 exc…

SECTION .0200 – crab 15A NCAC 03L .0201 CRAB HARVEST RESTRICTIONS (a) It shall be unlawful to possess blue crabs taken from Crab Harvest Management Areas designated in 15A NCAC 03R .0118(1) from January 1 through January 31, except dealers shall have seven days after the beginnin…

15A NCAC 03L .0202 CRAB TRAWLING (a) It shall be 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 shall be unlawful to use a trawl to take crabs …

15A NCAC 03L .0203 CRAB DREDGING It shall be unlawful to take crabs with dredges except incidental to lawful oyster dredging operations provided the weight of the crabs shall not exceed the lesser of: (1) 10 percent of the total weight of the combined oyster and crab catch; or (2…

15A NCAC 03L .0204 CRAB POTS (a) It shall be unlawful to take crabs with pots except as provided in 15A NCAC 03J .0301 and .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 …

15A NCAC 03L .0205 CRAB SPAWNING SANCTUARIES (a) It shall be unlawful to set or use trawls, pots, or mechanical methods for shellfish or take crabs with the use of commercial fishing equipment in crab spawning sanctuaries: (1) from March 1 through August 31 for the crab spawning …

15A NCAC 03L .0206 PEELER CRABS History Note: 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.

15A NCAC 03L .0207 HORSESHOE CRABS (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…

15A NCAC 03L .0208 STONE CRABS (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. …

15A NCAC 03L .0209 RECREATIONAL HARVEST OF CRABS History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. October 1, 2008; Repealed Eff. April 1, 2014.

15A NCAC 03L .0210 REPACKING OF FOREIGN CRAB MEAT PROHIBITED 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…

SECTION .0300 – LOBSTER 15A NCAC 03L .0301 AMERICAN LOBSTER (NORTHERN LOBSTER) (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…