North Carolina Administrative Code

15A NCAC 03O .0111 SURRENDER OF LICENSES (a) It shall be unlawful for any licensee to refuse to surrender to an agent of the Secretary all licenses, license receipts, endorsements, commercial fishing vessel registration or decals, and other forms and records relating to the licen…

15A NCAC 03O .0112 FOR-HIRE LICENSE REQUIREMENTS (a) The license requirements for an operator of a vessel engaged in a for-hire operation are set forth in G.S. 113-174.3. Either the vessel owner or the for-hire vessel operator may seek to obtain the applicable for-hire vessel lic…

15A NCAC 03O .0113 OCEAN FISHING PIER REPORTING REQUIREMENTS It shall be unlawful for the responsible party of the Ocean Fishing Pier License to fail to provide to the Division of Marine Fisheries by the 10th of each month a daily count of anglers fishing from the licensed pier f…

15A NCAC 03O .0114 SUSPENSION, REVOCATION, AND REISSUANCE OF LICENSES (a) All commercial and recreational licenses issued under Article 14A, Article 14B, and Article 25A of Chapter 113 shall be subject to suspension and revocation. (b) A conviction resulting from being charged by…

SECTION .0200 – shellfish LEASES AND FRANCHISES 15A NCAC 03O .0201 STANDARDS and requirements FOR SHELLFISH LEASES AND FRANCHISES (a) For the purpose of this Section: (1) "extensive shellfish culture" shall mean shellfish grown on the bottom without the use of cages, racks, bags,…

15A NCAC 03o .0202 SHELLFISH LEASE APPLICATIONS (a) Application forms are available from the Division of Marine Fisheries, 3441 Arendell Street, Morehead City, NC 28557 for persons desiring to apply for a shellfish lease. Each application shall be accompanied by a map or diagram …

15A NCAC 03O .0203 SHELLFISH LEASE APPLICATION PROCESSING (a) After acceptance of a completed shellfish lease application as set forth in Rule .0202 of this Section, the proposed shellfish lease area shall be inspected by agents of the Division of Marine Fisheries. Proposed shell…

15A NCAC 03O .0204 MARKING SHELLFISH LEASES AND franchises (a) All shellfish leases and franchises shall be marked by the lease or franchise holder as follows: (1) Shellfish bottom leases and franchises shall be marked by: (A) stakes of wood or plastic material no less than three…

15A NCAC 03O .0205 shellfish LEASE RENEWAL (a) Shellfish lease renewal applications shall be provided to lease holders by the Division of Marine Fisheries as follows: (1) for a shellfish bottom lease, a renewal application shall be provided in January of the year of expiration. (…

15A NCAC 03O .0206 SHELLFISH LEASE APPLICATION: REQUEST FOR REVIEW (a) Any member of the public shall be allowed an opportunity to comment on any shellfish lease application during the public comment period and subsequent public hearing at which the lease application is being con…

15A NCAC 03O .0207 SHELLFISH LEASE AND FRANCHISE PRODUCTION REPORTS (a) The holder or holders of a shellfish lease or franchise shall provide an annual production report to the Division of Marine Fisheries by March 31 of each year showing the amounts of material planted, purchase…

15A NCAC 03o .0208 TERMINATION PROCEDURES FOR SHELLFISH LEASES AND FRANCHISES (a) Procedures for termination of shellfish leases and franchises are provided in G.S. 113-202. (b) Consistent with G.S. 113-202(l1) and G.S. 113-201(b), a shellfish lease or franchise holder that faile…

15A NCAC 03o .0209 ASSIGNMENT OF SHELLFISH LEASES AND FRANCHISES (a) For the purpose of effecting assignments of shellfish leases or franchises in accordance with this Rule: (1) "transfer" shall be defined as any permanent assignment of a shellfish lease or franchise, in whole or…

15A NCAC 03O .0210 standards and requirements for FRANCHISES (a) Shellfish Management Plans, prepared in accordance with the standards in Rule .0202 of this Section, shall be provided to the Division of Marine Fisheries within 30 days following formal recognition of a valid chain…

15A NCAC 03O .0211 FISHING GEAR REQUIREMENTS FOR SHELLFISH LEASES AND FRANCHISES (a) It shall be unlawful to use any trawl net, long haul seine, swipe net, dredge, or mechanical method for shellfish on any shellfish lease or franchise except: (1) for a holder of a Permit to Use M…

SECTION .0300 – RECREATIONAL COMMERCIAL GEAR LICENSES 15A NCAC 03O .0301 ELIGIBILITY AND REQUIREMENTS FOR RECREATIONAL COMMERCIAL GEAR LICENSES (a) Recreational Commercial Gear Licenses shall only be issued to individuals. (b) If requested by the Division of Marine Fisheries, it …

15A NCAC 03O .0302 AUTHORIZED GEAR FOR RECREATIONAL COMMERCIAL GEAR LICENSES (a) The following are the only commercial fishing gear authorized (including restrictions) for use under a valid Recreational Commercial Gear License: (1) one seine 30 feet or over in length but not grea…

15A NCAC 03O .0303 possession limits for RECREATIONAL COMMERCIAL GEAR licenses (a) It shall be unlawful to possess more than a single recreational possession limit when only one individual on board a vessel possesses a valid Recreational Commercial Gear License, regardless of the…

SECTION .0400 – STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY 15A NCAC 03O .0401 STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY BOARD (a) The Chair of the Marine Fisheries Commission, the Secretary of the Department of Environmental Quality, and the Fisheries Director may each…

15A NCAC 03O .0402 standard commercial fishing license eligibility APPLICATION PROCESS (a) Application forms for determination of eligibility for the Standard Commercial Fishing License Eligibility Pool are available at all offices of the Division of Marine Fisheries and online a…

15A NCAC 03O .0403 standard commercial fishing license ELIGIBILITY BOARD REVIEW (a) After determination of eligibility by the Standard Commercial Fishing License Eligibility Board, applicants will be notified in writing as to the applicant meeting or not meeting required eligibil…

15A NCAC 03o .0404 standard commercial fishing license ELIGIBILITY CRITERIA In determining eligibility of an applicant for the Standard Commercial Fishing License Eligibility Pool, the Standard Commercial Fishing License Eligibility Board shall apply the following criteria: (1) i…

15A NCAC 03O .0405 standard commercial fishing license eligibility POOL APPLICATION DOCUMENTATION (a) The Standard Commercial Fishing License Eligibility Pool application form required by Rule .0402 of this Section to be submitted to the Division of Marine Fisheries shall include…

15A NCAC 03O .0406 STANDARD COMMERCIAL FISHING LICENSE ELIGIBILITY POOL CERTIFICATION Annual certification to maintain an eligible application in the Standard Commercial Fishing License Eligibility Pool shall be as follows: (1) the applicant shall certify that the information on …

SECTION .0500 - PERMITS 15A NCAC 03O .0501 PROCEDURES AND REQUIREMENTS TO OBTAIN PERMITS (a) To obtain a Division of Marine Fisheries permit, an applicant, responsible party, or person holding a power of attorney shall provide the following information: (1) the full name, physica…

15A NCAC 03O .0502 GENERAL PERMIT CONDITIONS (a) It shall be unlawful to violate any permit condition. (b) The following conditions shall apply to all permits issued by the Fisheries Director: (1) it shall be unlawful to: (A) operate under the permit except in areas, at times, an…

15A NCAC 03O .0503 PERMIT CONDITIONS; SPECIFIC (a) Aquaculture Operation Permit and Aquaculture Collection Permit: (1) It shall be unlawful to conduct aquaculture operations using marine and estuarine resources without first securing an Aquaculture Operation Permit from the Fishe…

15a ncac 03o .0504 SUSPENSION AND REVOCATION OF PERMITS (a) All commercial and recreational permits issued under Article 14A, Article 14B, and Article 25A of Chapter 113, and rules of the Marine Fisheries Commission shall be subject to suspension and revocation. For the purpose o…

15A NCAC 03O .0505 FEES History Note: Authority G.S. 113-134; 113-169.1; 113-169.3; 113-182; 143B-289.52; Temporary Adoption Eff. August 1, 2000; May 1, 2000; Temporary Repeal Eff. September 1, 2000; Temporary Rule Expired April 13, 2001.

15a ncac 03o .0506 SPECIAL PERMIT REQUIRED FOR SPECIFIC MANAGEMENT PURPOSES The Fisheries Director may, by proclamation, require individuals taking marine and estuarine resources regulated by the Marine Fisheries Commission, to obtain a special permit. History Note: Authority G.S…

section .0600 – INTERSTATE WILDLIFE VIOLATOR COMPACT (WVC) 15A NCAC 03O .0601 WVC GENERAL PROVISIONS (a) The purpose of this Section is to establish the rules necessary to implement G.S. 113 Article 22B, the Interstate Wildlife Violator Compact. (b) The rules in this Section shal…

15A NCAC 03O .0602 WVC CONDITIONS FOR NORTH CAROLINA VIOLATIONS BY NON-RESIDENTS (a) All violations charged by an inspector are subject to the provisions of the WVC. (b) Non-residents of North Carolina who are residents of a WVC member state at the time of a misdemeanor violation…

15A NCAC 03O .0603 WVC CONDITIONS FOR NORTH CAROLINA RESIDENTS for failure to appear OR FAILURE TO comply IN ANOTHER WVC MEMBER STATE (a) North Carolina residents who commit a wildlife violation as defined by G.S. 113-300.6 in another WVC member state, who upon release on persona…

15A NCAC 03O .0604 WVC RECIPROCAL RECOGNITION OF SUSPENSIONS (a) When the Division of Marine Fisheries receives notice of a suspension from a WVC member state of a person's license or permit that is the result of a conviction or an accumulation of convictions of wildlife violatio…

15A NCAC 03O .0605 APPEALS A person served with a notice of suspension pursuant to this Section may obtain an administrative review of the suspension pursuant to G.S. 150B-23. Notice of the right to administrative review shall be included in the notice of suspension. History Note…

subchapter 03p - ADMINISTRATIVE PROCEDURES SECTION .0100 - HEARING PROCEDURES 15A NCAC 03P .0101 LICENSE, PERMIT, OR CERTIFICATE DENIAL: REQUEST FOR REVIEW (a) Except in cases where summary suspension is applicable, before the Division of Marine Fisheries may commence proceedings…

15A NCAC 03P .0102 CONTESTED CASE HEARING PROCEDURES Contested case hearings shall be held in accordance with Article 3 of Chapter 150B of the General Statutes. History Note: Authority G.S. 113-131; 113-134; 143B-289.52; Eff. January 1, 1991; Amended Eff. August 1, 1999; Readopte…

15A NCAC 03P .0103 PETITIONS FOR REGULATORY ACTIVITY History Note: Authority G.S. 113-134; 143B-289.4; 150B-20; Eff. September 1, 1991; Amended Eff. May 1, 1992; Repealed Eff. April 1, 1999.

SECTION .0200 - DECLARATORY RULINGS 15A NCAC 03P .0201 DECLARATORY RULINGS: GENERALLY At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Marine Fisheries Commission may issue a declaratory ruling as provided in G.S. 150B-4 and rules of this Section. History…

15A NCAC 03P .0202 PROCEDURE FOR REQUESTING DECLARATORY RULINGS (a) All requests for a declaratory ruling shall be submitted in writing to the Marine Fisheries Commission Chair and addressed to the Marine Fisheries Commission Office, Division of Marine Fisheries, 3441 Arendell St…

15A NCAC 03P .0203 DISPOSITION OF REQUESTS FOR DECLARATORY RULING (a) The Marine Fisheries Commission Chair shall make a determination on the completeness of a request for declaratory ruling based on the requirements of this Section. (b) Before the Commission decides the merits o…

SECTION .0300 - PETITIONS FOR RULEMAKING 15A NCAC 03P .0301 FORM AND CONTENTS OF PETITIONS for rulemaking (a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Marine Fisheries Commission shall submit the person's request in a written petition to t…

15A NCAC 03P .0302 REVIEW of rulemaking petitionS BY A COMMITTEE OF THE COMMISSION (a) The Marine Fisheries Commission Chair may refer complete petitions, as set forth in Rule .0301 of this Section, to the appropriate standing advisory committees or other advisory committees of t…

15A NCAC 03P .0303 PRESENTATION of rulemaking petitionS TO THE COMMISSION (a) A complete petition for rulemaking, as set forth in Rule .0301 of this Section, shall be presented to the Marine Fisheries Commission for its consideration and determination at the next regularly schedu…

15A NCAC 03P .0304 RECOURSE TO DENIAL OF THE PETITION History Note: Authority G.S. 113-134; 113-182; 143B-289.51; 150B-20; Eff. April 1, 1999; Repealed Eff. June 1, 2022.

SUBCHAPTER 03Q - JURISDICTION OF AGENCIES: CLASSIFICATION OF WATERS SECTION .0100 - GENERAL REGULATIONS: JOINT 15A NCAC 03Q .0101 SCOPE AND PURPOSE The rules in this Section pertain to the classification of the waters of North Carolina as coastal fishing waters, inland fishing wa…

15A NCAC 03Q .0102 INLAND FISHING WATERS Inland fishing waters are all inland waters except private ponds and all waters connecting with or tributary to coastal sounds or the ocean extending inland from the dividing line between coastal fishing waters and inland fishing waters ag…

15A NCAC 03Q .0103 COASTAL FISHING WATERS Coastal fishing waters are the Atlantic Ocean, the various coastal sounds, and estuarine waters up to the dividing line between coastal fishing waters and inland fishing waters agreed upon by the Marine Fisheries Commission and the Wildli…

15A NCAC 03Q .0104 JOINT FISHING WATERS Joint fishing waters are those coastal fishing waters denominated by agreement of the Marine Fisheries Commission and the Wildlife Resources Commission pursuant to G.S. 113-132(e) as joint fishing waters. All waters that are tributary to jo…

15A NCAC 03Q .0105 POSTING DIVIDING LINES The dividing lines of all major bodies of water and watercourses which are divided by the agreement of the Marine Fisheries Commission and the Wildlife Resources Commission so that portions of the same are constituted inland fishing water…