North Carolina Administrative Code

15A NCAC 03L .0302 SPINY LOBSTER The Fisheries Director may, by proclamation, impose any of the following restrictions on the taking of spiny lobster to maintain compliance with the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic or to imple…

subchapter 03m - finfish section .0100 – finfish, general 15A NCAC 03M .0101 MUTILATED FINFISH It shall be unlawful to possess aboard a vessel or while engaged in fishing any species of finfish that is subject to a size or harvest restriction without having head and tail attached…

15A NCAC 03M .0102 UNMARKETABLE FINFISH (a) It shall be unlawful to land finfish, taken in connection with a commercial fishing operation, that are unmarketable as individual finfish by reason of size, except a quantity not exceeding 5,000 pounds per vessel per day may be sold to…

15A NCAC 03M .0103 MINIMUM SIZE LIMITS It shall be unlawful to possess, sell, or purchase finfish under four inches in length except: (1) as bait in the crab pot fishery in North Carolina, if such crab pot bait is not transported west of U.S. Interstate 95 and, when transported, …

SECTION .0200 - STRIPED BASS 15A NCAC 03M .0201 STRIPED BASS REQUIREMENTS; GENERAL (a) For the purpose of this Section, "striped bass" shall mean striped bass (Morone saxatilis) and its hybrids taken in Coastal and Joint Fishing Waters or imported from other states. (b) It shall …

15A NCAC 03M .0202 striped bass SEASON, SIZE, AND HARVEST LIMIT: INTERNAL WATERS (a) It shall be unlawful to possess striped bass from the Coastal Fishing Waters of the Cape Fear River and its tributaries. (b) It shall be unlawful to possess striped bass from the Roanoke River Ma…

15A NCAC 03M .0203 SIZE AND CREEL LIMIT: INTERNAL COASTAL WATERS History Note: Authority G.S. 113-134; 113-182; 143B-289.4; Eff. January 1, 1991; Repealed Eff. November 1, 1991.

15A NCAC 03M .0204 striped bass SEASON, SIZE, AND HARVEST LIMIT: ATLANTIC OCEAN It shall be unlawful to possess striped bass taken from the Atlantic Ocean other than the size limit as established by the Atlantic States Marine Fisheries Commission Interstate Fishery Management Pla…

15A NCAC 03M .0205 striped bass; PROHIBITED TRAWLING (a) It shall be unlawful to possess striped bass on a vessel with a trawl net on that vessel in Internal Waters except during transit from ocean fishing grounds to port during any open striped bass trawl season in the Atlantic …

15A NCAC 03M .0206 HYBRID STRIPED BASS CULTURE History Note: Authority G.S. 113-132; 113-134; 143B-289.52; Eff. January 1, 1991; Repealed Eff. April 1, 2014.

SECTION .0300 - SPANISH AND KING MACKEREL 15A NCAC 03M .0301 SPANISH AND KING MACKEREL History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1996; Temporary Amendment Eff. January 1, 2000; July 1, 1999; Amended Eff. Octob…

15A NCAC 03M .0302 PURSE GILL NET PROHIBITED It shall be unlawful to have a purse gill net on board a vessel when taking or landing Spanish or king mackerel. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Readopted Eff. August 23, 2022.

section .0500 – other finfish 15A NCAC 03M .0501 RED DRUM (a) It shall be unlawful to remove red drum from any type of net with the aid of any boat hook, gaff, spear, gig, or similar device. (b) It shall be unlawful to take or possess red drum taken by any boat hook, gaff, spear,…

15A NCAC 03M .0502 MULLET (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: (…

15A NCAC 03M .0503 FLOUNDER (a) It shall be 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 m…

15A NCAC 03M .0504 TROUT History Note: 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. Apri…

15A NCAC 03M .0505 SHARK History Note: 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.

15A NCAC 03M .0506 SNAPPER GROUPER COMPLEX (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 …

15A NCAC 03M .0507 BILLFISH (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 foll…

15A NCAC 03M .0508 STURGEON It is unlawful to possess sturgeon in North Carolina. History Note: 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 inter…

15A NCAC 03M .0509 TARPON (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. History Note: Authority G.S. 113-134; 113-…

15A NCAC 03M .0510 AMERICAN EEL (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-hi…

15A NCAC 03M .0511 BLUEFISH History Note: 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, …

15A NCAC 03M .0512 COMPLIANCE WITH FISHERY MANAGEMENT PLANS (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 mea…

15A NCAC 03M .0513 RIVER HERRING 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 t…

15A NCAC 03M .0514 SCUP History Note: 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.

15A NCAC 03M .0515 DOLPHIN (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, exc…

15A NCAC 03M .0516 COBIA History Note: 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.

15A NCAC 03M .0517 WAHOO (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 Dolph…

15A NCAC 03M .0518 KINGFISHES (SEA MULLET) 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; …

15A NCAC 03M .0519 SHAD It shall be unlawful to take or possess American shad from the Atlantic Ocean. History Note: 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.

15A NCAC 03M .0520 TUNA (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…

15A NCAC 03M .0521 SHEEPSHEAD 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 s…

15A NCAC 03M .0522 SPOTTED SEATROUT 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 qu…

SUBCHAPTER 03N - FISH HABITAT AREAS 15A NCAC 03N .0101 SCOPE AND PURPOSE 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 r…

15A NCAC 03N .0102 NURSERY AREAS DEFINED History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Repealed Eff. December 1, 2007.

15A NCAC 03N .0103 NURSERY AREA BOUNDARIES (a) Primary and secondary nursery areas are defined in 15A NCAC 03I .0101 and designated in 15A NCAC 03R .0103, .0104, and .0105. (b) Unless otherwise specified by the rule, primary nursery areas described in 15A NCAC 03R .0103 encompass…

15A NCAC 03N .0104 PROHIBITED GEAR, PRIMARY NURSERY AREAS It shall be unlawful to use any trawl net, long haul seine, swipe net, dredge, mechanical methods for clamming, or mechanical methods for oystering for the purpose of taking any marine fishes in any of the primary nursery …

15a ncac 03n .0105 PROHIBITED GEAR, SECONDARY NURSERY AREAS (a) It shall be unlawful to use trawl nets for any purpose in any of the permanent secondary nursery areas designated in 15A NCAC 03R .0104. (b) It shall be unlawful to use trawl nets for any purpose in any of the specia…

15A NCAC 03N .0106 ANADROMOUS FISH SPAWNING AREA BOUNDARIES (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 fr…

Subchapter 03o - LICENSES, LEASES, FRANCHISES, AND PERMITS section .0100 - LICENSES 15A NCAC 03O .0101 procedures AND REQUIREMENTS TO OBTAIN LICENSES, ENDORSEMENTS, AND COMMERCIAL FISHING VESSEL REGISTRATIONS (a) Division of Marine Fisheries licenses are available at offices of t…

15A NCAC 03O .0102 PROCEDURES AND REQUIREMENTS TO renew LICENSES, ENDORSEMENTS, AND COMMERCIAL FISHING VESSEL REGISTRATIONS (a) For the purpose of this Rule, the procedures and requirements for the licensee shall also apply to the responsible party, the person holding power of at…

15A NCAC 03O .0103 AUXILIARY VESSELS (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 vess…

15A NCAC 03O .0104 COMMERCIAL UNLOADING OF FISH It shall be unlawful to unload fish from a vessel in North Carolina that has been engaged in a commercial fishing operation outside State waters without possessing a valid: (1) Standard or Retired Standard Commercial Fishing License…

15a ncac 03o .0105 REQUIREMENTS FOR MUSSEL DEALERS 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 an…

15A NCAC 03o .0106 DISPLAY OF LICENSES AND REGISTRATIONS (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 …

15A NCAC 03O .0107 LICENSE REPLACEMENT AND fees (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 do…

15A NCAC 03O .0108 LICENSE and commercial fishing vessel registration TRANSFERS (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 Reg…

15A NCAC 03O .0109 ASSIGNMENT OF STANDARD COMMERCIAL FISHING LICENSE (a) For the purpose of this Rule, "licensee" shall mean the person issued a Standard Commercial Fishing License and "assignee" shall mean the individual to whom the licensee assigns a Standard Commercial Fishing…

15A NCAC 03O .0110 LICENSE REFUNDS All license fees are non-refundable except if licenses are issued by the Division of Marine Fisheries in error. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; 147-84; Eff. March 1, 1995; Temporary Amendment Eff. July 1, 1999; Amende…