CHAPTER 3 ‑ MARINE FISHERIES

 

SUBCHAPTER 3A ‑ DIVISION RULES

 

15A NCAC 03A .0101      IDENTIFICATION INFORMATION

15A NCAC 03A .0102      BASIC PURPOSE AND FUNCTION OF THE DIVISION

 

History Note:        Authority G.S. 113‑134; 150B‑11;

Eff. February 1, 1976;

Amended Eff. February 1, 1990; September 1, 1989;

August 1, 1984; September 30, 1979;

Repealed Eff. January 1, 1991.

 

15A NCAC 03A .0103      ORGANIZATION OF THE DIVISION

 

History Note:        Authority G.S. 113‑134; 150B‑11;

Eff. February 1, 1976;

Amended Eff. August 1, 1984; October 1, 1983; September 30, 1979; January 1, 1979;

Repealed Eff. March 1, 1987.

 

15A NCAC 03A .0104      DEFINITIONS

15A NCAC 03A .0105      DELEGATION OF AUTHORITY TO FISHERIES DIRECTOR

 

History Note:        Authority G.S. 113‑134; 143B‑10; 150B‑10;

Eff. February 1, 1976;

Amended Eff. February 1, 1990; December 1, 1987;

August 1, 1984; January 1, 1979;

Repealed Eff. January 1, 1991.

 

 

SUBCHAPTER 3B ‑ FISHERIES REGULATIONS FOR COASTAL WATERS

 

SECTION .0100 ‑ GENERAL REGULATIONS

 

 

15A NCAC 03B .0101      SCOPE AND FUNCTION

15A NCAC 03B .0102      DEFINITIONS

15A NCAC 03B .0103      TEMPORARY SUSPENSION OF REGULATIONS

 

History Note:        Authority G.S. 113‑121; 113‑134; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0104      TAXES

 

History Note:        Authority G.S. 113‑134; 113‑152; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. January 1, 1979;

Repealed Eff. January 1, 1984.

 

15A NCAC 03B .0105      LEGAL SIZES AND CREEL LIMITS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. April 1, 1990; September 1, 1989; September 1, 1988; December 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0106      SEASONS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 4, 1980.

 

15A NCAC 03B .0107      CONFISCATION AND DISPOSITION

15A NCAC 03B .0108      INTRODUCTION OF EXOTICS

15A NCAC 03B .0109      OCEAN FISHING PIERS

 

History Note:        Authority G.S. 113‑134; 113‑137; 113‑182; 113‑185; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; December 1, 1987;

October 1, 1985; August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0110      DESTRUCTION OF SIGNS PROHIBITED

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑264; 143B‑286;

Eff. February 1, 1976;

Amended Eff. January 1, 1979;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .0111      ARTIFICIAL REEFS AND RESEARCH SANCTUARIES

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; December 1, 1987; January 1, 1979;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0112      VIOLATION OF THESE REGULATIONS

 

History Note:        Authority G.S. 113‑134; 113‑135; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .0113      PROTECTION OF SEA TURTLES

 

History Note:        Authority G.S. 113‑132; 113‑134; 113‑138; 113‑181; 113‑182;

113‑224; 143B‑289.4;

Eff. May 1, 1979;

Amended Eff. February 1, 1990;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0114      SEA TURTLE SANCTUARY

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. August 4, 1980;

Amended Eff. September 1, 1989; December 1, 1987;

January 1, 1983; August 3, 1981;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0115      ENDANGERED OR THREATENED SPECIES

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. January 1, 1983;

Amended Eff. December 1, 1987; October 1, 1983;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0116      SHIPPING AND TRANSPORTING SEAFOOD

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. January 1, 1984;

Amended Eff. September 1, 1989; August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0117      MILITARY RESTRICTED AREAS

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.4;

Eff. August 1, 1984;

Amended Eff. September 1, 1989; July 1, 1988;

Repealed Eff. January 1, 1991.

 

SECTION .0200 ‑ LICENSES

 

 

15A NCAC 03B .0201      LICENSE AGENTS

15A NCAC 03B .0202      DEALER'S AND OCEAN PIER LICENSE DISPLAY

15A NCAC 03B .0203      VESSEL LICENSE

 

History Note:        Authority G.S. 113‑134; 113‑151.1; 113‑152; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; August 1, 1984; January 1, 1984; October 1, 1983;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0204      RECIPROCAL FISHING RIGHTS

 

History Note:        Authority G.S. 113‑134; 113‑151; 113‑161; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .0205      BAIT DEALERS

15A NCAC 03B .0206      SURRENDER OF LICENSES

15A NCAC 03B .0207      SALE OF FISH

 

History Note:        Authority G.S. 113‑134; 113‑151; 113‑156; 113‑166; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; October 1, 1983;

Repealed Eff. January 1, 1991.

 

SECTION .0300 ‑ NET REGULATIONS: GENERAL

 

 

15A NCAC 03B .0301      FIXED OR STATIONARY NETS

15A NCAC 03B .0302      NETS OR NET STAKES

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; August 1, 1985;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0303      NETS HAULED BY ENGINE POWER

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 4, 1980.

 

15A NCAC 03B .0304      GILL NETS

15A NCAC 03B .0305      TRAWL NETS

15A NCAC 03B .0306      PURSE SEINES AND PURSE GILL NETS

15A NCAC 03B .0307      CHANNEL NETS

15A NCAC 03B .0308      POUND NETS

15A NCAC 03B .0309      NETS PULLED BY MORE THAN ONE BOAT

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑286; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0310      SEINES PULLED BY ONE OR MORE BOATS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. March 1, 1987;

Amended Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .0400 ‑ NET REGULATIONS: SPECIFIC

 

 

15A NCAC 03B .0401      ALBEMARLE SOUND AND TRIBUTARIES

15A NCAC 03B .0402      ATLANTIC OCEAN

15A NCAC 03B .0403      CHOWAN RIVER AND ITS TRIBUTARIES

15A NCAC 03B .0404      CURRITUCK SOUND AND ITS TRIBUTARIES

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0405      NEUSE RIVER

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Amended Eff. June 2, 1976;

Repealed Eff. January 1, 1983.

 

15A NCAC 03B .0406      PAMLICO RIVER

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. June 2, 1976.

 

15A NCAC 03B .0407      PAMLICO SOUND

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 4, 1980.

 

15A NCAC 03B .0408      PAMLICO SOUND

15A NCAC 03B .0409      ROANOKE, CASHIE, MIDDLE, AND EASTMOST RIVERS

15A NCAC 03B .0410      SOUTHPORT BOAT HARBOR

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; August 1, 1985;

February 1, 1985; October 1, 1983;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0411      CAPE LOOKOUT BIGHT

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. October 1, 1983.

 

15A NCAC 03B .0412      CAMP ATLANTIC BOYS' CAMP

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. October 1, 1978.

 

15A NCAC 03B .0413      CAROLINA POWER AND LIGHT INTAKE CANAL

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. October 1, 1983;

Amended Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .0500 ‑ DREDGES, POTS, RAKES AND OTHER FISHING DEVICES

 

 

15A NCAC 03B .0501      DREDGES AND MECHANICAL METHODS

15A NCAC 03B .0502      MISCELLANEOUS FISHING DEVICES

15A NCAC 03B .0503      LEAVING DEVICES UNATTENDED

 

History Note:        Authority G.S. 113‑134; 113‑137; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. November 1, 1990; September 1, 1989;

September 1, 1988; December 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0504      EEL: CRAB: FISH: SHRIMP POTS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. November 1, 1977;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0505      RAKES

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. October 1, 1981;

Amended Eff. September 1, 1989; October 1, 1983; January 1, 1983;

Repealed Eff. January 1, 1991.

 

SECTION .0600 ‑ USE OF FINFISH FOR OTHER THAN HUMAN CONSUMPTION

 

 

15A NCAC 03B .0601      PROHIBITIONS

 

History Note:        Authority G.S. 113‑134; 113‑185; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1986.

 

15A NCAC 03B .0602      UNMARKETABLE FOOD OR SCRAP FISH

 

History Note:        Authority G.S. 113‑134; 113‑185; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; August 1, 1986;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0603      EXEMPTIONS

 

History Note:        Authority G.S. 113‑134; 113‑185; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1986.

 

SECTION .0700 ‑ SHRIMP AND SHRIMPING

 

15A NCAC 03B .0701      USE OF NETS IN TAKING SHRIMP

15A NCAC 03B .0702      SHRIMPING SEASON

 

History Note:        Filed as a Temporary Amendment Eff. June 14, 1985, for a Period of 120 Days to Expire on October 11, 1985;

Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

SECTION .0800 ‑ CRABS

 

 

15A NCAC 03B .0801      TAKING OF CRABS

15A NCAC 03B .0802      CRAB SPAWNING SANCTUARIES

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

SECTION .0900 ‑ CLAMS

 

 

15A NCAC 03B .0901      SIZE AND HARVEST LIMIT, PERMIT, METHOD OF TAKING CLAMS

15A NCAC 03B .0902      PROHIBITED CLAMMING AREAS

15A NCAC 03B .0903      RANGIA CLAMS

15A NCAC 03B .0904      POSSESSION OF UNAPPROVED CLAMS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. November 1, 1990; February 1, 1990;

September 1, 1989; September 1, 1988;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0905      TAKING OR UNLOADING CLAMS ON SUNDAY OR AT NIGHT

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. January 1, 1978;

Amended Eff. September 1, 1989; September 1, 1988;

September 1, 1987; January 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0906      PERMITS FOR TAKING CLAMS FOR PLANTING

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑203; 113‑221; 143B‑289.4;

Eff. October 1, 1983;

Amended Eff. February 1, 1990; September 1, 1989; December 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .0907      CLAM HATCHERIES

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. September 1, 1989;

Amended Eff. November 1, 1990; December 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .1000 ‑ SCALLOPS

 

 

15A NCAC 03B .1001      SOAKED OR SWELLED SCALLOPS PROHIBITED

15A NCAC 03B .1002      BAY SCALLOP SEASON AND HARVEST LIMITS

15A NCAC 03B .1003      PROHIBITED DREDGES

15A NCAC 03B .1004      CALICO SCALLOP SEASON

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; December 1, 1987;

September 1, 1987; August 1, 1986;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1005      SEA SCALLOPS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .1100 ‑ OYSTERS

 

 

15A NCAC 03B .1101      OYSTER SEASON

15A NCAC 03B .1102      SHELLFISH MANAGEMENT AREAS

15A NCAC 03B .1103      SIZE LIMIT AND CULLING TOLERANCE

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. February 1, 1990; September 1, 1989;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1104      RECORDS

 

History Note:        Authority G.S. 113‑134; 113‑151; 113‑163; 143B‑286;

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .1105      POSSESSION OF UNAPPROVED OYSTERS

15A NCAC 03B .1106      MARKETING OYSTERS TAKEN FROM PRIVATE BEDS

15A NCAC 03B .1107      PERMITS FOR TAKING OYSTERS FOR PLANTING

15A NCAC 03B .1108      TRAWLING ACROSS OYSTER MANAGEMENT BEDS

15A NCAC 03B .1109      TAKING OR UNLOADING OYSTERS ON SUNDAY OR AT NIGHT

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑203; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. February 1, 1990; September 1, 1989;

September 1, 1988; December 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1110      CULTIVATION OF SHELLFISH

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑286;

Eff. February 1, 1976;

Amended Eff. October 1, 1983;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .1111      TAKING OYSTERS, CLAMS, AND MUSSELS FROM POLLUTED WATERS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. February 1, 1990; September 1, 1989;

December 1, 1987; September 1, 1987;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1112      TAKING RANGIA CLAMS BY PERMIT

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

SECTION .1200 ‑ LOBSTER

 

 

15A NCAC 03B .1201      MINIMUM SIZE LIMIT

15A NCAC 03B .1202      EGG BEARING AND SCRUBBED LOBSTERS

15A NCAC 03B .1203      SHUCKED LOBSTER MEAT

15A NCAC 03B .1204      DETACHED LOBSTER PARTS

15A NCAC 03B .1205      LOBSTER TRAPS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. April 28, 1976;

Amended Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .1300 ‑ PROCLAMATIONS

 

 

15A NCAC 03B .1301      INTRODUCTION

15A NCAC 03B .1302      OPENING AND CLOSING AREAS: PROCEDURES

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑286;

Eff. February 1, 1976;

Amended Eff. October 1, 1983; August 4, 1980; January 1, 1979; January 1, 1977;

Repealed Eff. August 1, 1984.

 

15A NCAC 03B .1303      REGULATION CHANGES EFFECTIVE IMMEDIATELY: PROCEDURE

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 4, 1980.

 

15A NCAC 03B .1304      REGULATION CHANGES EFF IMMEDIATELY: PROCEDURE

15A NCAC 03B .1305      REVIEW OF PROCLAMATIONS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑286;

Eff. October 1, 1983;

Repealed Eff. August 1, 1984.

 

SECTION .1400 ‑ NURSERY AREAS

 

 

15A NCAC 03B .1401      SCOPE AND PURPOSE

15A NCAC 03B .1402      NURSERY AREAS DEFINED

15A NCAC 03B .1403      MAPS AND MARKING

15A NCAC 03B .1404      VIOLATION TO USE SPECIFIC NETS AND DREDGES

15A NCAC 03B .1405      DESCRIPTIVE BOUNDARIES: PRIMARY NURSERY AREAS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑229; 143B‑289.4;

Eff. November 1, 1977;

Amended Eff. September 1, 1989; September 1, 1987;

August 1, 1986; August 1, 1985;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1406      VIOLATION TO USE SPECIFIC EQUIPMENT

15A NCAC 03B .1407      DESCRIPTIVE BOUNDARIES‑PERMANENT SECONDARY NURSERY AREAS

15A NCAC 03B .1408      DESCRIPTIVE BOUNDARIES‑SPECIAL SECONDARY NURSERY AREAS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. August 1, 1986;

Amended Eff. September 1, 1989; December 1, 1987;

Repealed Eff. January 1, 1991.

 

SECTION .1500 ‑ STRIPED BASS AND MULLET

 

 

15A NCAC 03B .1501      STRIPED BASS: GENERAL

15A NCAC 03B .1502      STRIPED BASS: SEASON, INTERNAL COASTAL WATERS

15A NCAC 03B .1503      STRIPED BASS: SIZE AND CREEL LIMIT, INTERNAL COASTAL WATERS

15A NCAC 03B .1504      STRIPED BASS: SEASON AND SIZE LIMIT: ATLANTIC OCEAN

15A NCAC 03B .1505      STRIPED BASS: TRAWL NETS

15A NCAC 03B .1506      HYBRID STRIPED BASS CULTURE

 

History Note:        Authority G.S. 113‑132; 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. August 1, 1985;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; November 1, 1986;

Repealed Eff. January 1, 1991.

 

15A NCAC 03B .1507      MULLET

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .1600  ‑ DEPURATION OF SHELLFISH

 

 

15A NCAC 03B .1601      HARVEST SEASON

15A NCAC 03B .1602      HARVEST AREAS, TIMES AND METHODS

15A NCAC 03B .1603      HARVEST PERMITS

15A NCAC 03B .1604      TRANSPORT

15A NCAC 03B .1605      MECHANICAL DEPURATION FACILITIES

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑221; 143B‑289.4;

Eff. September 1, 1987;

Amended Eff. February 1, 1990; September 1, 1989; December 1, 1987;

Repealed Eff. January 1, 1991.

 

 

 

SUBCHAPTER 3C ‑ LICENSES: PERMITS: AND LEASES

 

SECTION .0100 ‑ LICENSES

 

 

15A NCAC 03C .0101      COMMERCIAL FISHING LICENSE

 

History Note:        Authority G.S. 113‑151; 113‑152; 143B‑286;

Eff. February 1, 1976;

Amended Eff. January 1, 1984;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0102      APPLICATION FOR A COMMERCIAL FISHING LICENSE

15A NCAC 03C .0103      PROCEDURE TO PURCHASE A COMMERCIAL FISHING LICENSE

15A NCAC 03C .0104      VESSEL LENGTH DESCRIPTION

 

History Note:        Authority G.S. 113‑151; 113‑152; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. July 1, 1988; August 1, 1984; January 1, 1984; December 1, 1982;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0105      EXPIRATION AND RENEWAL

15A NCAC 03C .0106      ISSUANCE

15A NCAC 03C .0107      DISPLAY

15A NCAC 03C .0108      REPLACEMENT

15A NCAC 03C .0109      OYSTER: SCALLOP: CLAM LICENSE

 

History Note:        Authority G.S. 113‑151; 113‑152; 113‑154; 113‑156.1; 143B‑286;

Eff. February 1, 1976;

Amended Eff. January 1, 1984; October 1, 1983; January 1, 1979;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0110      APPLICATION FOR AN OYSTER: SCALLOP: CLAM LICENSE

 

History Note:        Authority G.S. 113‑151; 113‑154; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. August 1, 1984; January 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0111      ISSUANCE AND EXPIRATION

 

History Note:        Authority G.S. 113‑151; 113‑154; 143B‑286;

Eff. February 1, 1976;

Amended Eff. January 1, 1984;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0112      LICENSE TO LAND AND SELL FISH

15A NCAC 03C .0113      APPLICATION FOR A LICENSE TO LAND AND SELL

 

History Note:        Authority G.S. 113‑151; 113‑155; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. January 1, 1984.

 

15A NCAC 03C .0114      DEALER LICENSES: DEFINITIONS

 

History Note:        Authority G.S. 113‑151; 113‑156; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. August 1, 1984; January 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0115      APPLICATION FOR A DEALER LICENSE

 

History Note:        Authority G.S. 113‑151; 113‑156; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0116      APPLICATION: MENHADEN: OCEAN FISHING PIER LICENSES

 

History Note:        Authority G.S. 113‑151; 113‑152; 113‑156; 113‑156.1; 143B‑286;

Eff. January 1, 1984;

Repealed Eff. August 1, 1984.

 

SECTION .0200 ‑ PERMITS

 

 

15A NCAC 03C .0201      IN GENERAL

 

History Note:        Authority G.S. 113‑134; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0202      SPECIFIC GEAR PERMIT

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. January 1, 1979.

 

15A NCAC 03C .0203      PERMIT FOR MECHANICAL HARVEST OF CLAMS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; September 1, 1988;

December 1, 1987; August 1, 1985;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0204      PERMIT TO TAKE RANGIA CLAMS FROM POLLUTED WATER

15A NCAC 03C .0205      PERMIT TO INTRODUCE EXOTICS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0206      PERMITS, SEED MANAGEMENT AREAS

 

History Note:        Authority G.S. 113‑201; 113‑203; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; December 1, 1987;

August 1, 1984; October 1, 1983;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0207      PERMIT TO TAKE OYSTERS FROM PRIVATE GARDENS

15A NCAC 03C .0208      PERMIT TO RELAY SHELLFISH FROM PUBLIC POLLUTED WATERS

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑203; 143B‑286;

Eff. February 1, 1976;

Amended Eff. October 1, 1983;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0209      SCIENTIFIC COLLECTING PERMIT

15A NCAC 03C .0210      TERMINATION AND EXPIRATION OF LICENSES AND PERMITS

 

History Note:        Authority G.S. 113‑134; 113‑151; 113‑166; 113‑182; 113‑261;

143B‑289.4; 150B‑23;

Eff. February 1, 1976;

Amended Eff. September 1, 1989; January 1, 1988; August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0211      SPECIAL SHELLFISH HARVESTING PERMIT

 

History Note:        Filed as an Emergency Regulation Eff. November 2, 1978, for a Period of 120 Days to Expire on March 2, 1979;

Authority G.S. 150B‑13; 113‑134; 113‑182; 143B‑236;

Made Permanent With Change Eff. March 2, 1979;

Repealed Eff. October 1, 1981.

 

15A NCAC 03C .0212      PERMITS FOR AQUACULTURE OPERATIONS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4;

Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

SECTION .0300 ‑ SHELLFISH LEASES AND FRANCHISES

 

 

15A NCAC 03C .0301      SHELLFISH BOTTOM LEASES: INTRODUCTION

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑286;

Eff. February 1, 1976;

Amended Eff. October 1, 1983; October 1, 1981;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0302      SUITABLE AREAS FOR LEASING

15A NCAC 03C .0303      SHELLFISH LEASE APPLICATIONS

15A NCAC 03C .0304      SHELLFISH LEASE APPLICATION PROCESSING

15A NCAC 03C .0305      MARKING SHELLFISH LEASES AND FRANCHISES

 

History Note:        Authority G.S. 76‑40; 113‑134; 113‑182; 113‑201; 113‑202; 113‑205;

143B‑289.4;

Eff. February 1, 1976;

Amended Eff. November 1, 1989; September 1, 1989; July 1, 1988; August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0306      RENTAL RATES

15A NCAC 03C .0307      EXPIRATION

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑286;

Eff. February 1, 1976;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0308      SHELLFISH LEASE RENEWAL

15A NCAC 03C .0309      SHELLFISH LEASE PROTEST

15A NCAC 03C .0310      PRODUCTION REPORTS

15A NCAC 03C .0311      CANCELLATION

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.4;

Eff. February 1, 1976;

Amended Eff. December 1, 1990; September 1, 1989; July 1, 1988; August 1, 1984;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0312      TRANSFER OF INTEREST

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.4;

Eff. October 1, 1983;

Amended Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

15A NCAC 03C .0313      DEFINITIONS

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑286;

Eff. October 1, 1983;

Repealed Eff. August 1, 1984.

 

15A NCAC 03C .0314      SHELLFISH FRANCHISES

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑205; 143B‑289.4;

Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

 

 

SUBCHAPTER 03D ‑ DREDGE AND FILL

 

This Subchapter 3D of Title 15A of the North Carolina Administrative Code (15A NCAC 3D); DREDGE AND FILL; has been transferred and recodified as Subchapter 7J, Sections .0800 ‑ .1000 of Title 15A of the North Carolina Administrative Code (15A NCAC 7J .0800 ‑ .1000), effective August 30, 1980.

 

 

SUBCHAPTER 3E ‑ MARINE FISHERIES COMMISSION

 

SECTION .0100 ‑ HEARING PROCEDURES

 

 

15A NCAC 03E .0101      CONTESTED CASE HEARING PROCEDURES

 

History Note:        Authority G.S. 113‑134; 143B‑289.4; 150B‑14(c); 150B‑23;

Eff. February 1, 1976;

Amended Eff. July 1, 1988; August 1, 1984; January 1, 1983; January 1, 1979;

Repealed Eff. January 1, 1991.

 

15A NCAC 03E .0102      DEFINITIONS

15A NCAC 03E .0103      SCOPE

15A NCAC 03E .0104      WHO IS ENTITLED TO A HEARING

15A NCAC 03E .0105      REQUEST FOR A HEARING

15A NCAC 03E .0106      GRANTING A HEARING REQUEST

15A NCAC 03E .0107      TIME FOR A HEARING

15A NCAC 03E .0108      WHO SHALL CONDUCT THE HEARING

15A NCAC 03E .0109      PLACE OF HEARING

15A NCAC 03E .0110      NOTICE

15A NCAC 03E .0111      PARTIES

15A NCAC 03E .0112      INTERVENTION

15A NCAC 03E .0113      CONSOLIDATION

15A NCAC 03E .0114      HEARING OPEN TO PUBLIC

15A NCAC 03E .0115      HEARING OFFICERS

15A NCAC 03E .0116      BIAS AND DISQUALIFICATION OF A HEARING OFFICER

15A NCAC 03E .0117      PRE‑HEARING CONFERENCE

15A NCAC 03E .0118      SIMPLIFICATION OF ISSUES

15A NCAC 03E .0119      STIPULATIONS

15A NCAC 03E .0120      SUBPOENAS

15A NCAC 03E .0121      DEPOSITION AND DISCOVERY

15A NCAC 03E .0122      NO EX PARTE COMMUNICATION: EXCEPTIONS

15A NCAC 03E .0123      RULES OF EVIDENCE

15A NCAC 03E .0124      CONDUCT OF THE HEARING

15A NCAC 03E .0125      FINAL DECISION

15A NCAC 03E .0126      OFFICIAL RECORD

15A NCAC 03E .0127      JUDICIAL REVIEW

 

History Note:        Authority G.S. 1A‑1; 113‑134; 143B‑286; 150B‑23 through 150B‑29;

150B‑31 through 150B‑37; 150B‑43 through 150B‑45;

Eff. February 1, 1976;

Amended Eff. January 1, 1979;

Repealed Eff. January 1, 1983.

 

SECTION .0200 ‑ AMENDMENT OF REGULATIONS

 

 

15A NCAC 03E .0201      AMENDMENT OF REGULATIONS: INFORMATION PAPER

15A NCAC 03E .0202      AMENDMENT OF REGULATIONS: REQUIRED FILING

 

History Note:        Authority G.S. 113‑134; 143B‑286; 150B‑59; 150B‑60;

Eff. February 1, 1976;

Repealed Eff. January 1, 1983.

 

15A NCAC 03E .0203      AMENDMENT OF REGULATIONS: PUBLIC HEARING AGENDA

 

History Note:        Authority G.S. 113‑134; 143B‑286; 150B‑59; 150B‑60;

Eff. January 1, 1977;

Repealed Eff. January 1, 1983.

 

 

 

SUBCHAPTER 3F ‑ JURISDICTION OF AGENCIES: CLASSIFICATION OF WATERS

 

SECTION .0100 ‑ GENERAL REGULATIONS: JOINT

 

 

15A NCAC 03F .0101       SCOPE AND PURPOSE

15A NCAC 03F .0102       INLAND FISHING WATERS

15A NCAC 03F .0103       COASTAL FISHING WATERS

15A NCAC 03F .0104       JOINT FISHING WATERS

15A NCAC 03F .0105       POSTING DIVIDING LINES

15A NCAC 03F .0106       APPLICABILITY OF REGULATIONS: JOINT WATERS

15A NCAC 03F .0107       SPECIAL REGULATIONS: JOINT WATERS

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑286; 143B‑289.4;

Eff. January 1, 1977;

Amended Eff. February 1, 1990; August 1, 1985;

Repealed Eff. January 1, 1991.

 

SECTION .0200 ‑ BOUNDARY LINES: COASTAL‑JOINT‑INLAND FISHING WATERS

 

 

15A NCAC 03F .0201       SPECIFIC CLASSIFICATION OF WATERS

15A NCAC 03F .0202       DESCRIPTIVE BOUNDARIES

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.4;

Eff. January 1, 1977;

Amended Eff. January 1, 1981; January 1, 1978;

Repealed Eff. January 1, 1991.

 

 

 

SUBCHAPTER 3G ‑ DESCRIPTIVE BOUNDARIES

 

15A NCAC 03G .01           SEA TURTLE SANCTUARY

15A NCAC 03G .02           MILITARY RESTRICTED AREAS

15A NCAC 03G .03           TRAWL NETS PROHIBITED

15A NCAC 03G .04           PURSE SEINES PROHIBITED

15A NCAC 03G .05           MECHANICAL METHODS PROHIBITED

15A NCAC 03G .06           DESIGNATED POT AREAS

15A NCAC 03G .07           TAKING CRABS WITH DREDGES

15A NCAC 03G .08           CRAB SPAWNING SANCTUARIES

15A NCAC 03G .09           PRIMARY NURSERY AREAS

15A NCAC 03G .10           PERMANENT SECONDARY NURSERY AREAS

15A NCAC 03G .11           SPECIAL SECONDARY NURSERY AREAS

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 113‑221; 143B‑289.4;

Eff. September 1, 1989;

Repealed Eff. January 1, 1991.

 

 

 

SUBCHAPTER 03H – Scope of management

 

SECTION .0100 – scope of management

 

15A NCAC 03H .0101      IDENTIFICATION INFORMATION

 

History Note:        Authority G.S. 113‑134;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Temporary Repeal Eff. July 1, 1999;

Repealed Eff. August 1, 2000.

 

15A NCAC 03H .0102      SCOPE OF MANAGEMENT

The rules in this Chapter apply to the conservation and protection of marine and estuarine resources occurring in all coastal fishing waters of North Carolina, including joint fishing waters, and in the Atlantic Ocean.

 

History Note:        Authority G.S. 113-129; 113-132; 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03H .0103      PROCLAMATIONS, GENERAL

(a)  It is unlawful to violate the provisions of a proclamation issued pursuant to a rule of the Marine Fisheries Commission, as provided in G.S. 113-221.1.

(b)  If specific variable conditions are not set forth in a rule of the Marine Fisheries Commission that grants proclamation authority to the Fisheries Director, the Fisheries Director shall consider the following variable conditions in exercising proclamation authority:

(1)           compliance with changes mandated by the Fisheries Reform Act and its amendments;

(2)           biological impacts;

(3)           environmental conditions;

(4)           compliance with Fishery Management Plans;

(5)           user conflicts;

(6)           bycatch issues;

(7)           variable spatial distributions; and

(8)           protection of public health related to the public health programs that fall under the authority of the Marine Fisheries Commission.

 

History Note:        Authority G.S. 113‑134; 113-135; 113‑182; 113‑221.1; 113-221.2; 113-221.3; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; September 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2017; April 1, 2011; August 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03H .0104      MAPS AND MARKING

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. August 1, 2004;

Repealed Eff. April 1, 2011.

 

 

 

subchapter 03i – general rules

 

section .0100 – general rules

 

15A NCAC 03I .0101        DEFINITIONS

All definitions set out in G.S. 113, Subchapter IV and the following additional terms apply to this Chapter:

(1)           Enforcement and management terms:

(a)           Commercial Quota.  Total quantity of fish allocated for harvest by commercial fishing operations.

(b)           Educational Institution.  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 Environment and Natural Resources 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.  All Coastal Fishing Waters except the Atlantic Ocean.

(d)           Length of finfish.

(i)            Curved fork length.  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.  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.  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.  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)           Recreational Possession Limit.  Restrictions on size, quantity, season, time period, area, means, and methods where take or possession is for a recreational purpose.

(f)            Recreational Quota.  Total quantity of fish allocated for harvest for a recreational purpose.

(g)           Regular Closed Oyster Season.  March 31 through October 15, unless amended by the Fisheries Director through proclamation authority.

(h)           Scientific Institution.  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 Subitems (h)(i) and (ii) of this Item.

(i)            Seed Oyster Management Area.  An open harvest area that, by reason of poor growth characteristics, predation rates, overcrowding or other factors, experiences poor utilization of oyster populations for direct harvest and sale to licensed dealers and is designated by the Marine Fisheries Commission as a source of seed for public and private oyster culture.

(2)           Fishing Activities:

(a)           Aquaculture operation.  An operation that produces artificially propagated stocks of marine or estuarine resources or obtains such stocks from permitted sources for the purpose of rearing in a controlled environment.  A controlled environment provides and maintains throughout the rearing process one or more of the following:

(i)            food;

(ii)           predator protection;

(iii)          salinity;

(iv)          temperature controls; or

(v)           water circulation,

utilizing technology not found in the natural environment.

(b)           Attended.  Being in a vessel, in the water or on the shore, and immediately available to work the gear and be within 100 yards of any gear in use by that person at all times.  Attended does not include being in a building or structure.

(c)           Blue Crab Shedding.  The process whereby a blue crab emerges soft from its former hard exoskeleton.  A shedding operation is any operation that holds peeler crabs in a controlled environment.  A controlled environment provides and maintains throughout the shedding process one or more of the following:

(i)            food;

(ii)           predator protection;

(iii)          salinity;

(iv)          temperature controls; or

(v)           water circulation, utilizing technology not found in the natural environment.  A shedding operation does not include transporting pink or red-line peeler crabs to a permitted shedding operation.

(d)           Depuration.  Purification or the removal of adulteration from live oysters, clams, or mussels by any natural or artificially controlled means.

(e)           Long Haul Operations.  Fishing a seine towed between two vessels.

(f)            Peeler Crab.  A blue crab that has a soft shell developing under a hard shell and having a white, pink, or red-line or rim on the outer edge of the back fin or flipper.

(g)           Possess.  Any actual or constructive holding whether under claim of ownership or not.

(h)           Recreational Purpose.  A fishing activity that is not a commercial fishing operation as defined in G.S. 113-168.

(i)            Shellfish marketing from leases and franchises.  The harvest of oysters, clams, scallops, or mussels from privately held shellfish bottoms and lawful sale of those shellfish to the public at large or to a licensed shellfish dealer.

(j)            Shellfish planting effort on leases and franchises.  The process of obtaining authorized cultch materials, seed shellfish, and polluted shellfish stocks and the placement of those materials on privately held shellfish bottoms for increased shellfish production.

(k)           Shellfish production on leases and franchises:

(i)            The culture of oysters, clams, scallops, or mussels on shellfish leases and franchises from a sublegal harvest size to a marketable size.

(ii)           The transplanting (relay) of oysters, clams, scallops, or mussels from areas closed due to pollution to shellfish leases and franchises in open waters and the natural cleansing of those shellfish.

(l)            Swipe Net Operations.  Fishing a seine towed by one vessel.

(m)          Transport.  Ship, carry, or cause to be carried or moved by public or private carrier by land, sea, or air.

(n)           Use.  Employ, set, operate, or permit to be operated or employed.

(3)           Gear:

(a)           Bunt Net.  The last encircling net of a long haul or swipe net operation constructed of small mesh webbing.  The bunt net is used to form a pen or pound from which the catch is dipped or bailed.

(b)           Channel Net.  A net used to take shrimp that is anchored or attached to the bottom at both ends or with one end anchored or attached to the bottom and the other end attached to a vessel.

(c)           Commercial Fishing Equipment or Gear.  All fishing equipment used in Coastal Fishing Waters except:

(i)            Cast nets;

(ii)           Collapsible crab traps, a trap used for taking crabs with the largest open dimension no larger than 18 inches and that by design is collapsed at all times when in the water, except when it is being retrieved from or lowered to the bottom;

(iii)          Dip nets or scoops having a handle not more than eight feet in length and a hoop or frame to which the net is attached not exceeding 60 inches along the perimeter;

(iv)          Gigs or other pointed implements that are propelled by hand, whether or not the implement remains in the hand;

(v)           Hand operated rakes no more than 12 inches wide and weighing no more than six pounds and hand operated tongs;

(vi)          Hook-and-line and bait-and-line equipment other than multiple-hook or multiple-bait trotline;

(vii)         Landing nets used to assist in taking fish when the initial and primary method of taking is by the use of hook and line;

(viii)        Minnow traps when no more than two are in use;

(ix)          Seines less than 30 feet in length;

(x)           Spears, Hawaiian slings, or similar devices that propel pointed implements by mechanical means, including elastic tubing or bands, pressurized gas, or similar means.

(d)           Corkline.  The support structure a net is attached to that is nearest to the water surface when in use.  Corkline length is measured from the outer most mesh knot at one end of the corkline following along the line to the outer most mesh knot at the opposite end of the corkline.

(e)           Dredge.  A device towed by engine power consisting of a frame, tooth bar or smooth bar, and catchbag used in the harvest of oysters, clams, crabs, scallops, or conchs.

(f)            Fixed or stationary net.  A net anchored or staked to the bottom, or some structure attached to the bottom, at both ends of the net.

(g)           Fyke Net.  An entrapment net supported by a series of internal or external hoops or frames, with one or more lead or leaders that guide fish to the net mouth.  The net has one or more internal funnel-shaped openings with tapered ends directed inward from the mouth, through which fish enter the enclosure.  The portion of the net designed to hold or trap fish is completely enclosed in mesh or webbing, except for the openings for fish passage into or out of the net (funnel area).

(h)           Gill Net.  A net set vertically in the water to capture fish by entanglement of the gills in its mesh as a result of net design, construction, mesh length, webbing diameter, or method in which it is used.

(i)            Headrope.  The support structure for the mesh or webbing of a trawl that is nearest to the water surface when in use.  Headrope length is measured from the outer most mesh knot at one end of the headrope following along the line to the outer most mesh knot at the opposite end of the headrope.

(j)            Hoop Net.  An entrapment net supported by a series of internal or external hoops or frames. The net has one or more internal funnel-shaped openings with tapered ends directed inward from the mouth, through which fish enter the enclosure.  The portion of the net designed to hold or trap the fish is completely enclosed in mesh or webbing, except for the openings for fish passage into or out of the net (funnel area).

(k)           Lead.  A mesh or webbing structure consisting of nylon, monofilament, plastic, wire, or similar material set vertically in the water and held in place by stakes or anchors to guide fish into an enclosure.  Lead length is measured from the outer most end of the lead along the top or bottom line, whichever is longer, to the opposite end of the lead.

(l)            Mechanical methods for clamming.  Dredges, hydraulic clam dredges, stick rakes, and other rakes when towed by engine power, patent tongs, kicking with propellers or deflector plates with or without trawls, and any other method that utilizes mechanical means to harvest clams.

(m)          Mechanical methods for oystering.  Dredges, patent tongs, stick rakes, and other rakes when towed by engine power, and any other method that utilizes mechanical means to harvest oysters.

(n)           Mesh Length.  The distance from the inside of one knot to the outside of the opposite knot, when the net is stretched hand-tight in a manner that closes the mesh opening.

(o)           Pound Net Set.  A fish trap consisting of a holding pen, one or more enclosures, lead or leaders, and stakes or anchors used to support the trap.  The holding pen, enclosures, and lead(s) are not conical, nor are they supported by hoops or frames.

(p)           Purse Gill Nets.  Any gill net used to encircle fish when the net is closed by the use of a purse line through rings located along the top or bottom line or elsewhere on such net.

(q)           Seine.  A net set vertically in the water and pulled by hand or power to capture fish by encirclement and confining fish within itself or against another net, the shore or bank as a result of net design, construction, mesh length, webbing diameter, or method in which it is used.

(4)           Fish habitat areas.  The estuarine and marine areas that support juvenile and adult populations of fish species, as well as forage species utilized in the food chain.  Fish habitats as used in this definition, are vital for portions of the entire life cycle, including the early growth and development of fish species.  Fish habitats in all Coastal Fishing Waters, as determined through marine and estuarine survey sampling, include:

(a)           Anadromous fish nursery areas.  Those areas in the riverine and estuarine systems utilized by post-larval and later juvenile anadromous fish.

(b)           Anadromous fish spawning areas.  Those areas where evidence of spawning of anadromous fish has been documented in Division sampling records through direct observation of spawning, capture of running ripe females, or capture of eggs or early larvae.

(c)           Coral:

(i)            Fire corals and hydrocorals (Class Hydrozoa);

(ii)           Stony corals and black corals (Class Anthozoa, Subclass Scleractinia); or

(iii)          Octocorals; Gorgonian corals (Class Anthozoa, Subclass Octocorallia), which include sea fans (Gorgonia sp.), sea whips (Leptogorgia sp. and Lophogorgia sp.), and sea pansies (Renilla sp.).

(d)           Intertidal Oyster Bed.  A formation, regardless of size or shape, formed of shell and live oysters of varying density.

(e)           Live rock.  Living marine organisms or an assemblage thereof attached to a hard substrate, excluding mollusk shells, but including dead coral or rock.  Living marine organisms associated with hard bottoms, banks, reefs, and live rock include:

(i)            Coralline algae (Division Rhodophyta);

(ii)           Acetabularia sp., mermaid's fan and cups (Udotea sp.), watercress (Halimeda sp.), green feather, green grape algae (Caulerpa sp.) (Division Chlorophyta);

(iii)          Sargassum sp., Dictyopteris sp., Zonaria sp. (Division Phaeophyta);

(iv)          Sponges (Phylum Porifera);

(v)           Hard and soft corals, sea anemones (Phylum Cnidaria), including fire corals (Class Hydrozoa), and Gorgonians, whip corals, sea pansies, anemones, Solengastrea (Class Anthozoa);

(vi)          Bryozoans (Phylum Bryozoa);

(vii)         Tube worms (Phylum Annelida), fan worms (Sabellidae), feather duster and Christmas treeworms (Serpulidae), and sand castle worms (Sabellaridae);

(viii)        Mussel banks (Phylum Mollusca: Gastropoda); and

(ix)          Acorn barnacles (Arthropoda: Crustacea: Semibalanus sp.).

(f)            Nursery areas.  Areas that for reasons such as food, cover, bottom type, salinity, temperature, and other factors, young finfish and crustaceans spend the major portion of their initial growing season.  Primary nursery areas are those areas in the estuarine system where initial post-larval development takes place.  These are areas where populations are uniformly early juveniles.  Secondary nursery areas are those areas in the estuarine system where later juvenile development takes place.  Populations are composed of developing sub-adults of similar size that have migrated from an upstream primary nursery area to the secondary nursery area located in the middle portion of the estuarine system.

(g)           Shellfish producing habitats.  Historic or existing areas that shellfish, such as clams, oysters, scallops, mussels, and whelks use to reproduce and survive because of such favorable conditions as bottom type, salinity, currents, cover, and cultch.  Included are those shellfish producing areas closed to shellfish harvest due to pollution.

(h)           Strategic Habitat Areas.  Locations of individual fish habitats or systems of habitats that provide exceptional habitat functions or that are particularly at risk due to imminent threats, vulnerability, or rarity.

(i)            Submerged aquatic vegetation (SAV) habitat.  Submerged lands that:

(i)            are vegetated with one or more species of submerged aquatic vegetation including bushy pondweed or southern naiad (Najas guadalupensis), coontail (Ceratophyllum demersum), eelgrass (Zostera marina), horned pondweed (Zannichellia palustris), naiads (Najas spp.), redhead grass (Potamogeton perfoliatus), sago pondweed (Stuckenia pectinata, formerly Potamogeton pectinatus), shoalgrass (Halodule wrightii), slender pondweed (Potamogeton pusillus), water stargrass (Heteranthera dubia), water starwort (Callitriche heterophylla), waterweeds (Elodea spp.), widgeongrass (Ruppia maritima), and wild celery (Vallisneria americana).  These areas may be identified by the presence of above-ground leaves, below-ground rhizomes, or reproductive structures associated with one or more SAV species and include the sediment within these areas; or

(ii)           have been vegetated by one or more of the species identified in Sub-item (4)(i)(i) of this Rule within the past 10 annual growing seasons and that meet the average physical requirements of water depth (six feet or less), average light availability (secchi depth of one foot or more), and limited wave exposure that characterize the environment suitable for growth of SAV.  The past presence of SAV may be demonstrated by aerial photography, SAV survey, map, or other documentation. An extension of the past 10 annual growing seasons criteria may be considered when average environmental conditions are altered by drought, rainfall, or storm force winds.

This habitat occurs in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas.  In defining SAV habitat, the Marine Fisheries Commission recognizes the Aquatic Weed Control Act of 1991 (G.S. 113A-220 et. seq.) and does not intend the submerged aquatic vegetation definition, or this Rule or Rules 03K .0304 and .0404, to apply to or conflict with the non-development control activities authorized by that Act.

(5)           Licenses, permits, leases and franchises, and record keeping:

(a)           Assignment.  Temporary transferal to another person of privileges under a license for which assignment is permitted.  The person assigning the license delegates the privileges permitted under the license to be exercised by the assignee, but retains the power to revoke the assignment at any time, and is still the responsible party for the license.

(b)           Designee.  Any person who is under the direct control of the permittee or who is employed by or under contract to the permittee for the purposes authorized by the permit.

(c)           For Hire Vessel.  As defined by G.S. 113-174, when the vessel is fishing in state waters or when the vessel originates from or returns to a North Carolina port.

(d)           Holder.  A person who has been lawfully issued in his or her name a license, permit, franchise, lease, or assignment.

(e)           Land:

(i)            For commercial fishing operations, when fish reach the shore or a structure connected to the shore.

(ii)           For purposes of trip tickets, when fish reach a licensed seafood dealer, or where the fisherman is the dealer, when fish reach the shore or a structure connected to the shore.

(iii)          For recreational fishing operations, when fish are retained in possession by the fisherman.

(f)            Licensee.  Any person holding a valid license from the Department to take or deal in marine fisheries resources.

(g)           Logbook.  Paper forms provided by the Division and electronic data files generated from software provided by the Division for the reporting of fisheries statistics by persons engaged in commercial or recreational fishing or for-hire operators.

(h)           Master.  Captain of a vessel or one who commands and has control, authority, or power over a vessel.

(i)            New fish dealer.  Any fish dealer making application for a fish dealer license who did not possess a valid dealer license for the previous license year in that name.  For purposes of license issuance, adding new categories to an existing fish dealers license does not constitute a new dealer.

 (j)           Office of the Division.  Physical locations of the Division conducting license and permit transactions in Wilmington, Washington, Morehead City, Roanoke Island, and Elizabeth City, North Carolina.  Other businesses or entities designated by the Secretary to issue Recreational Commercial Gear Licenses or Coastal Recreational Fishing Licenses are not considered Offices of the Division.

(k)           Responsible party.  Person who coordinates, supervises, or otherwise directs operations of a business entity, such as a corporate officer or executive level supervisor of business operations, and the person responsible for use of the issued license in compliance with applicable statutes and rules.

(l)            Tournament Organizer.  The person who coordinates, supervises, or otherwise directs a recreational fishing tournament and is the holder of the Recreational Fishing Tournament License.

(m)          Transaction.  Act of doing business such that fish are sold, offered for sale, exchanged, bartered, distributed, or landed.

(n)           Transfer.  Permanent transferal to another person of privileges under a license for which transfer is permitted.  The person transferring the license retains no rights or interest under the license transferred.

(o)           Trip Ticket.  Paper forms provided by the Division and electronic data files generated from software provided by the Division for the reporting of fisheries statistics by licensed fish dealers.

 

History Note:        Authority G.S. 113‑134; 113-174; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1995; March 1, 1994; October 1, 1993; July 1, 1993;

Recodified from 15A NCAC 03I .0001 Eff. December 17, 1996;

Amended Eff. April 1, 1999; August 1, 1998; April 1, 1997;

Temporary Amendment Eff. May 1, 2000; August 1, 1999; July 1, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. May 1, 2015; April 1, 2014; April 1, 2011; April 1, 2009; October 1, 2008; December 1, 2007; December 1, 2006; September 1, 2005; April 1, 2003; April 1, 2001.

 

15A NCAC 03I .0102        TEMPORARY SUSPENSION OF RULES

The Fisheries Director is authorized to suspend, in whole or in part, until the next meeting of the Marine Fisheries Commission, or for a lesser period, the operation of any rule of the Marine Fisheries Commission regarding coastal fisheries which may be affected by variable conditions.

 

History Note:        Authority G.S. 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0002 Eff. December 17, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0103        CONFISCATION AND DISPOSITION

The Fisheries Director is directed to establish administrative procedures for the summary disposition of confiscated live or perishable fish, not inconsistent with the provisions of G.S. 113‑137(d). In so doing, he may require inspectors to obtain and file receipts for any fish so disposed of.

 

History Note:        Authority G.S. 113‑134; 113‑137; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0003 Eff. December 17, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0104        INTRODUCE, TRANSFER OR HOLD IMPORTED MARINE AND ESTUARINE ORGANISMS

(a)  In order to protect the marine and estuarine resources of North Carolina from unacceptable risks from predators, pests, parasites, and disease, it is unlawful, without first obtaining a permit from the Fisheries Director or without obtaining live marine and estuarine organisms from a permit holder:

(1)           To place into the coastal fishing waters of the state live marine and estuarine organisms not native to the state.  For the purpose of this Rule, this action is an introduction.

(2)           To place into the coastal fishing waters of the state live marine and estuarine organisms which are native but which originated outside the State's boundaries.  For the purpose of this Rule, this action is a transfer.

(3)           To hold or maintain any live marine or estuarine organism imported into the state in a quarantine or isolation system for live bait or use in an aquaculture operation as defined in 15A NCAC 03I .0101.

(4)           To sell for bait any live marine or estuarine organism imported into the state.

(b)  Any person desiring to obtain a Permit to Introduce, Transfer or Hold Imported Marine and Estuarine Organisms must make written application to the Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557‑0769.  In order for the Fisheries Director to determine the level of risk to any native marine resource or the environment, the applicant shall provide:

(1)           A certification from a pathologist that a sample of 60 organisms from proposed shipments are disease free or a certification from a governmental veterinary service that the organisms to be shipped were produced in an area or facility free of diseases posing a risk to North Carolina's estuarine resources, or their environment, as determined by the Fisheries Director; and

(2)           A certification from a biologist or veterinarian that macroscopic and microscopic examination indicates the shipment contains only those species identified on the permit application.

(c)  The Fisheries Director shall require disinfection, quarantine or destruction of organisms and transfer materials as a condition of the permit, upon finding the importation poses a risk to North Carolina's estuarine resources, or their environment.

(d)  The Fisheries Director may hold public meetings prior to granting permits for activities specified in Paragraph (a) of this Rule to gather information concerning risks to native marine resources or the environment.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. November 1, 1991;

Recodified from 15A NCAC 3I .0004 Eff. December 17, 1996;

Amended Eff. April 1, 2009.

 

15A NCAC 03I .0105        LEAVING DEVICES UNATTENDED

(a)  It is unlawful to leave stakes, anchors, nets, buoys, or floating devices in any coastal fishing waters when such devices are not being employed in fishing operations except as otherwise provided by rule or General Statute.

(b)  It is unlawful to leave pots in any coastal fishing waters for more than five consecutive days, when such pots are not being employed in fishing operations, except upon a timely and sufficient showing of hardship as defined in Subparagraph (b)(2) of this Rule or as otherwise provided by General Statute.

(1)           Agents of the Fisheries Director may tag pots with a device approved by the Fisheries Director to aid and assist in the investigation and identification of unattended pots.  Any such device attached to a pot by agents of the Fisheries Director must be removed by the individual utilizing the pot within five days of attachment in order to demonstrate that the pot is being employed in fishing operations.

(2)           For the purposes of Paragraph (b) of this Rule only, a timely and sufficient showing of hardship in a commercial fishing operation shall be written notice given to the Fisheries Director that a mechanical breakdown of the owner's vessel(s) currently registered with the Division of Marine Fisheries under G.S. 113-168.6, or the death, illness or incapacity of the owner of the pot or his immediate family , as defined in G.S. 113-168, prevented or will prevent employing such pots in fishing operations more than five consecutive days.  The notice, specifying the time needed because of hardship, shall be received by the Fisheries Director before any pot is left in coastal fishing waters for five consecutive days without being employed in fishing operations, and shall state, in addition to the following, the number and specific location of the pots, and the date on which the pots will be employed in fishing operations or removed from coastal fishing waters:

(A)          in case of mechanical breakdown, the notice shall state the commercial fishing vessel registration number, owner's N.C. motor boat registration number of the disabled vessel, date disabled, arrangements being made to repair the vessel or a copy of the work order showing the name, address and phone number of the repair facility; or

(B)          in case of the death, illness or incapacity of the owner of the pot or his immediate family, the notice shall state the name of the owner or immediate family member, the date of death, the date and nature of the illness or incapacity.  The Fisheries Director may require a doctor's verification of the illness or incapacity.

(3)           The Fisheries Director may, by proclamation, modify the five day requirement, if necessary due to hurricanes, severe weather or other variable conditions.  Failure to employ in fishing operations or remove from coastal fishing waters all pots for which notice of hardship is received under this Rule within 14 days of the expiration of the hardship shall be violation of this Rule.

(c)  It is unlawful to set or have any fishing equipment in coastal fishing waters in violation of this Section or which contains edible species of fish unfit for human consumption.

 

History Note:        Authority G.S. 113‑134; 113‑137; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996;

Recodified from 15A NCAC 03I .0005 Eff. December 17, 1996;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. September 1, 2005; August 1, 2000.

 

15A NCAC 03I .0106        SCIENTIFIC, EDUCATIONAL, OR OFFICIAL COLLECTING PERMIT

 

History Note:        Authority G.S. 113‑134; 113-169.3; 113‑182; 113‑261; 143B-289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0006 Eff. December 17, 1996;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 1999;

Temporary Repeal Eff. September 1, 2000;

Repealed Eff. August 1, 2002.

 

15A NCAC 03I .0107        ENDANGERED OR THREATENED SPECIES

(a)  Pursuant to a cooperative agreement entered into on February 5, 1979, by the Department of Environment and Natural Resources, the Marine Fisheries Commission, and the Wildlife Resources Commission, the Wildlife Resources Commission will exercise regulatory jurisdiction over any species of sea turtle, and their eggs and nests, consistent with designation of such species as endangered or threatened by the U.S. Fish and Wildlife Service. As provided by said agreement, the law enforcement officers of both the Marine Fisheries Division and the Wildlife Resources Commission have jurisdiction to enforce any State laws and rules, including those contained in 15A NCAC 10I, relating to endangered or threatened species of sea turtles and their eggs and nests.

(b)  The Fisheries Director may close or restrict by proclamation any coastal waters with respect to taking or attempting to take any or all kinds of marine resources when the method (equipment) used is a serious threat to an endangered or threatened species listed pursuant to 16 USC 1533(c). Copies of this list may be obtained from the Division of Marine Fisheries, PO Box 769, 3441 Arendell St., Morehead City, North Carolina 28557‑0769.

(c)  It is unlawful to use any commercial fishing equipment in the sea turtle sanctuary located in the Atlantic Ocean adjacent to Onslow County as described in 15A NCAC 3R .0101 from June 1 through August 31, except that the Fisheries Director may, by proclamation, modify the sanctuary within the described area and vary implementation between specified dates for the protection of the sea turtle population.

 

History Note:        Authority G.S. 113‑132; 113‑134; 113‑134.1; 113‑182; 113‑189; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0007 Eff. December 17, 1996;

Amended Eff. July 1, 1999; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0108        OCEAN FISHING PIERS

(a)  It is unlawful to fish with nets of any kind or from boats within the zone adjacent to any ocean fishing pier meeting the requirements of G.S. 113‑185(a), if such zone is marked by one of the following methods or a combination of methods:

(1)           Yellow range poles at least three inches in diameter and extending not less than six feet above the surface of the ground, and which are parallel to the pier and identified by signs with the name of the pier printed in letters at least three inches high; or

(2)           Buoys, which shall be yellow in color and not less than nine inches in diameter and extend no less than three feet above the surface of the water.

(b)  It is unlawful to define a zone that extends more than 750 feet from the pier.  When a marking system defines a smaller area than authorized, the limitations on fishing activities shall apply within the marked zone.  When the marking system does not include buoys placed seaward of the pier's offshore end, the zone protected under G.S. 113‑185 shall be limited to the areas parallel to the sides of the pier and shall include no area seaward of the offshore end of the pier.

(c)  Owners of qualifying ocean piers shall be responsible for complying with all applicable local, state and federal regulations for marking systems.

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0008 Eff. December 17, 1996.

 

15A NCAC 03I .0109        ARTIFICIAL REEFS AND RESEARCH SANCTUARIES

(a)  The Fisheries Director may, by proclamation, prohibit or restrict the taking of fish and the use of any equipment in and around any artificial reef or research sanctuary.  Any closure or restriction is subject to the following conditions:

(1)           Artificial reefs shall not be closed or restricted beyond 500 yards in the Atlantic Ocean or 250 yards in internal coastal waters.  Artificial reefs shall be marked as near center as feasible by one readily identifiable official buoy and distances for closures or restrictions shall be measured from such buoy.

(2)           Any closure or restriction shall be for no more than one year, subject to renewal in the discretion of the Fisheries Director.

(3)           The economic effect of the closure or restriction on fishing interests with respect to the size and location of the area and the nature of the equipment affected shall be considered before such closure is made and findings shall be made in writing which findings shall be available for public inspection at the office of Division of Marine Fisheries in Morehead City.

(b)  It is unlawful to engage in any fishing activity, use any equipment, or conduct any other operation which has been prohibited by proclamation issued under this authority.

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0009 Eff. December 17, 1996.

 

15a ncac 03I .0110        MILITARY DANGER ZONES AND RESTRICTED AREAS

(a)  Pursuant to Title 33 United States Code Section 3, the United States Army Corps of Engineers has adopted regulations which restrict access to and activities within certain areas of coastal and inland fishing waters. Federal Rules codified at 33 CFR 334.410 through 334.450 designate danger zones and restricted areas, within North Carolina coastal waters. These areas are designated in 15A NCAC 03R .0102. Only the applicable military commanders listed in the federal regulations have authority to authorize navigation or fishing access to these designated areas. All military danger zone and restricted area closures shall be enforced by the appropriate federal agency. If reasonable use of these areas by the food fishing industry is allowed or a permit process implemented by the appropriate military authorities to allow access in accordance with 33 U.S.C. Section 3 or the appropriate federal authority allows access to danger zones or restricted areas, all applicable fisheries statutes, N.C. Marine Fisheries Commission rules, and proclamations issued by the Fisheries Director, other than those allowing access, shall apply within these areas.

(b)  The military danger zones and restricted areas are shown on navigational charts and specifically described in the Coastal Pilot and the Code of Federal Regulations (CFR). Copies of the CFR provisions are available on the internet at www.access.gpo.gov/nara/cfr/index.hmtl or at the Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557. These areas are also designated in 15A NCAC 3R .0102.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-228; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Recodified from 15A NCAC 3I .0010 Eff. December 17, 1996;

Amended Eff. August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0111        PERMITS FOR AQUACULTURE OPERATIONS

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 1992; September 1, 1991;

Recodified from 15A NCAC 3I .0011 Eff. December 17, 1996;

Temporary Repeal Eff. September 1, 2000;

Repealed Eff. August 1, 2002.

 

15a ncac 03i .0112        SPECIAL PERMIT REQUIRED FOR SPECIFIC MANAGEMENT PURPOSES

 

History Note:        Authority G.S. 113‑134; 113‑170.3; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3I .0012 Eff. December 17, 1996;

Temporary Repeal Eff. May 1, 2000;

Repealed Eff. April 1, 2001.

 

15A NCAC 03I .0113        BIOLOGICAL SAMPLING

It is unlawful for any licensee under Chapter 113, Subchapter IV, of the General Statutes to refuse to allow the Fisheries Director or his agents to obtain biological data, harvest information, or other statistical data necessary or useful to the conservation and management of marine and estuarine resources from fish in the licensee's possession.  Such data shall include, but is not limited to, species identification, length, weight, age, sex, number, area of catch, harvest method, and quantity of catch.

 

History Note:        Authority G.S. 113‑134; 113‑170.3; 113‑170.4; 113-174.1; 113‑182;

Eff. October 1, 1992;

Recodified from 15A NCAC 3I .0013 Eff. December 17, 1996.

 

15A NCAC 03I .0114        RECORDKEEPING REQUIREMENTS

(a)  It is unlawful for a fish dealer:

(1)           To fail to complete accurately and legibly all mandatory items on the North Carolina trip ticket for each transaction and submit the trip ticket in accordance with G.S. 113-168.2;

(2)           To fail to provide to the Division a Trip Ticket Submittal/Transaction form indicating the number of transactions that occurred during the previous month;

(3)           To fail to make paper copies of trip tickets available at the dealer location for inspection by Marine Patrol inspectors;

(4)           To fail to submit trip tickets to the Division via electronic file transfer if that dealer reported an annual average of greater than 50,000 pounds of finfish for the previous three calendar years. Dealers subject to the electronic reporting requirement shall be notified by the Division via certified mail and within 120 days of receipt shall:

(A)          Initiate electronic file transfer of trip tickets; and

(B)          Continue to report by electronic file transfer until the dealer no longer holds a fish dealer license with finfish or consolidated categories;

(5)           To fail to use software or web-based utilities authorized by the Division when reporting electronically. Electronic submittals shall meet all other recordkeeping requirements in accordance with G.S. 113-168.2; and

(6)           To fail to keep all trip tickets and all supporting documentation for each transaction including receipts, checks, bills of lading, records, electronic files and accounts for a period of not less than three years.

(b)  It is unlawful for a seller licensed under G.S. 113, Article 14A or donor to fail to provide to the fish dealer, at the time of transaction, the following:

(1)           A current and valid license or permit to sell the type of fish being offered and if a vessel is used, the commercial fishing vessel registration; and

(2)           Complete and accurate information on harvest method and area of catch and other information required by the Division, in accordance with G.S. 113-168.2 and 113-169.3.

(c)  It is unlawful to transport fish without having ready at hand for inspection a bill of consignment, bill of lading, or other shipping documentation provided by the shipping dealer showing thereon the name of the consignee, name of the shipper, the date of the shipment, and the quantity of each species of fish shipped.  In the event the fisherman taking the fish is also a dealer and ships from the point of landing, all shipping records shall be recorded at the point of landing. Fishermen who transport their fish directly to dealers are exempt from this Paragraph of this Rule.

(d)  It is unlawful to export fish landed in the State in a commercial fishing operation without a North Carolina licensed fish dealer completing all the record keeping requirements in G.S. 113-168.2(i).

(e)  It is unlawful to offer for sale fish purchased from a licensed fish dealer without having ready at hand for inspection by Marine Patrol inspectors or other agent of the Fisheries Director written documentation of purchase showing thereon the name of the licensed dealer, name of the purchaser, date of the purchase, and the quantity of each species purchased.

(f)  It is unlawful for a holder of a Fish Dealer's License to have fish in possession at a licensed location without written documentation from a licensed fish dealer or a completed North Carolina Marine Fisheries Trip Ticket to show the quantity and origin of all fish.

 

History Note:        Authority G.S. 113-134; 113-168.2; 113-168.3; 113-169.3; 113-170; 113-170.3; 113-170.4; 143B-289.52;

Eff. March 1, 1994;

Recodified from 15A NCAC 3I .0014 Eff. December 17, 1996;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. June 1, 2013; August 1, 2000.

 

15A NCAC 03I .0115        REPLACEMENT COSTS OF MARINE AND ESTUARINE RESOURCES ‑ FISH

(a)  Fish, as used throughout this Rule, is defined in G.S. 113-129(7).

(b)  Replacement Costs Distinguished.  As it applies to fishes the term "replacement costs" must be distinguished from the "value" of the fish concerned.  Except in cases where fish may lawfully be sold on the open market, as with commercially reared species, the monetary value of the specimens cannot be determined easily.  The degree of special interest or concern in a particular species by the public, including not only anglers, but conservationists and those to whom the value of fishes is primarily aesthetic, cannot be measured in dollar amounts.  The average cost of fish legally taken by anglers including travel and lodging, fishing equipment and bait, excise taxes on equipment, licenses and other fees, may fairly be estimated.  This too, however, is a reflection on the value of existing fishery resources rather than a measure of the cost of their replacement.  Thus, the relative value of fish species shall be considered only as they may bear on the necessity or desirability of actual replacement.

(c)  Determining replacement costs.  The replacement costs of species of fishes that have been taken, injured, removed, harmfully altered, damaged, or destroyed shall be determined as follows.  The weight of each undersized fish shall be adjusted to the average weight of a fish on the minimum legal size established by the Marine Fisheries Commission for that species.  The replacement cost shall be calculated based on the greater of either:

(1)           the cost of propagating and rearing the species in a hatchery and the cost of transporting them to areas of suitable habitat; or

(2)           the average annual ex-vessel value of fish species per pound.

(d)  The cost of propagating, rearing and transporting the fish and the average annual ex-vessel value of fish species per pound shall be taken from the Division of Marine Fisheries annual statistical report for the calendar year next preceding the year in which the offense was committed.  When the cost of propagating, rearing or transporting a particular species is not available, replacement costs shall be calculated based upon the average annual ex-vessel value of the species.  When neither the cost of propagating, rearing or transporting a particular species, nor the average annual ex-vessel value of the species is available, replacement costs shall be determined according to the following factors:

(1)           whether the species is classified as endangered or threatened;

(2)           the relative frequency of occurrence of the species in the state;

(3)           the extent of existing habitat suitable for the species within the state;

(4)           the dependency of the species on unique habitat requirements;

(5)           the cost of improving and maintaining suitable habitat for the species;

(6)           the cost of capturing the species in areas of adequate populations and transplanting them to areas of suitable habitat with low populations;

(7)           the availability of the species and the cost of acquisition for restocking purposes;

(8)           the cost of those species which, when released, have a probability of survival in the wild;

(9)           the ratio between the natural life expectancy of the species and the period of its probable survival when, having been reared in a hatchery, it is released to the wild.

(e)  Replacement costs will be assessed for the following fish:

(1)           Alewife (River Herring);

(2)           Amberjacks;

(3)           Anglerfish (Goosefish);

(4)           Bluefish;

(5)           Bonito;

(6)           Butterfish;

(7)           Carp;

(8)           Catfishes;

(9)           Cobia;

(10)         Croaker, Atlantic;

(11)         Cutlassfish, Atlantic;

(12)         Dolphinfish;

(13)         Drum, Black;

(14)         Drum, Red (Channel Bass);

(15)         Eels;

(16)         Flounders;

(17)         Flounders, Fluke;

(18)         Garfish;

(19)         Gizzard Shad;

(20)         Groupers;

(21)         Grunts;

(22)         Hakes;

(23)         Harvestfish;

(24)         Herring, Thread;

(25)         Hickory Shad;

(26)         Hogfish;

(27)         Jacks;

(28)         Kingfishes (Sea Mullet);

(29)         Mackerel, Atlantic;

(30)         Mackerel, King;

(31)         Mackerel, Spanish;

(32)         Menhaden, Atlantic;

(33)         Mullets;

(34)         Perch, White;

(35)         Perch, Yellow;

(36)         Pigfish;

(37)         Pompano;

(38)         Porgies;

(39)         Scup;

(40)         Sea Basses;

(41)         Seatrout, Spotted;

(42)         Shad (American);

(43)         Sharks;

(44)         Sharks, Dogfish;

(45)         Sheepshead;

(46)         Skippers;

(47)         Snappers;

(48)         Spadefish, Atlantic;

(49)         Spot;

(50)         Striped Bass;

(51)         Swellfishes (Puffers);

(52)         Swordfish;

(53)         Tilefish;

(54)         Triggerfish;

(55)         Tuna;

(56)         Wahoo;

(57)         Weakfish (Grey Trout);

(58)         Whiting;

(59)         Wreckfish;

(60)         Unclassified Fish;

(61)         Brown Shrimp;

(62)         Pink Shrimp;

(63)         Rock Shrimp;

(64)         White Shrimp;

(65)         Unclassified Shrimp;

(66)         Clam, Hard;

(67)         Conchs;

(68)         Crabs, Blue, Hard;

(69)         Crabs, Blue, Soft;

(70)         Octopus;

(71)         Oyster;

(72)         Scallop, Bay;

(73)         Scallop, Calico;

(74)         Scallop, Sea;

(75)         Squid;

(76)         Unclassified Shellfish.

(f)  Cost of Investigations:

(1)           Factors to be Considered.  Upon any investigation required as provided by G.S. 143-215.3(a)(7) or by court order for the purpose of determining the cost of replacement of marine and estuarine resources which have been killed, taken, injured, removed, harmfully altered, damaged, or destroyed, the factors to be considered in determining the cost of the investigation are as follows:

(A)          the time expended by the employee or employees making the investigation, including travel time between the place of usual employment and the site of the investigation, and the time required in formulating and rendering the report;

(B)          the cost of service to the state of each employee concerned, including annual salary, hospitalization insurance, and the state's contribution to social security taxes and to the applicable retirement system;

(C)          subsistence of the investigating personnel, including meals, reasonable gratuities, and lodging away from home, when required;

(D)          the cost of all necessary transportation;

(E)           the use or rental of boats and motors, when required;

(F)           the cost of cleaning or repairing any uniform or clothing that may be damaged, soiled or contaminated by reason of completing the investigation;

(G)          the cost of necessary telephonic communications;

(H)          any other expense directly related to and necessitated by the investigation.

(2)           Computation of Costs.  In assessing the cost of time expended in completing the investigation, the time expended by each person required to take part in the investigation shall be recorded in hours, the value of which shall be computed according to the ratio between the annual cost of service of the employee and his total annual working hours (2087 hours reduced by holidays, annual leave entitlement, and earned sick leave).  Other costs shall be assessed as follows:

(A)          subsistence:  the per diem amount for meals, reasonable gratuities, and lodging away from home, not to exceed the then current maximum per diem for state employees;

(B)          transportation:  total mileage by motor vehicle multiplied by:

(i)            the then current rate per mile for travel by state-owned vehicle; or

(ii)           the then current rate per mile for travel by privately owned vehicle, as applicable;

(C)          boat and motor:  ten dollars ($10.00) per hour;

(D)          uniform and clothing cleaning and repair:  actual cost;

(E)           telephonic communications:  actual cost;

(F)           other expenses:  actual cost.

 

History Note:        Authority G.S. 113-134; 113-267; 143B-289.52;

Eff. March 1, 1995;

Recodified from 15A NCAC 3I .0015 Eff. December 17, 1996.

 

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;

Eff. March 1, 1995;

Recodified from 15A NCAC 3I .0016 Eff. December 17, 1996;

Amended Eff. April 1, 2011; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

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 1994), c. 769, s. 27.17;

Eff. February 1, 1995;

Recodified from 15A NCAC 3I .0017 Eff. December 17, 1996;

Temporary Amendment Eff. April 20, 1997;

Amended Eff. August 1, 1998;

Repealed Eff. January 1, 2000.

 

15A NCAC 03I .0118        DISPOSAL OF EVIDENCE

It is unlawful for any person to dispose of fish or parts thereof, or other matter in any manner, after any communication or signal from an inspector, or after the approach of an inspector or an enforcement vessel.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. March 1, 1996;

Recodified from 15A NCAC 3I .0018 Eff. December 17, 1996.

 

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 are determined to pose a public health or safety risk by the State Health Director.

(b)  After prior consent of the Marine Fisheries Commission the Fisheries Director may, by proclamation, prohibit or restrict the taking of fish by any method and the use of any fishing equipment in areas of coastal waters that are the subject of warnings or advisories by the State Health Director concerned with dangers or risks to public health or safety. Criteria to be considered for deciding when closures are necessary and when to reopen areas are as follows:

(1)           Pfiesteria piscicida outbreaks:

(A)          Closing fisheries:

(i)            Kills: Active fish kills observed for six continuous days.

(ii)           Disease: Disease event observed, with fish showing bleeding ulcerations for six continuous days.

(iii)          Pfiesteria piscicida: Toxic flagellated and amoeboid stages at concentrations of greater than 300 cells per ml in kill areas while fish are dying (if laboratory capability is available). [Note: Basis -more than 100 confirming bioassays of Pfiesteria toxicity, together with supporting field data].

(B)          Opening Fisheries:

(i)            Kills: No active fish kills observed and no documented schools of fish in apparent distress for six continuous days.

(ii)           Disease: No disease event of fish showing bleeding ulcerations of six continuous days.

(iii)          Pfiesteria piscicida: Toxic flagellated and amoeboid stages at concentrations of less than 200 cells per ml following a kill/disease event [if laboratory capability is available]. [Note: Basis - more than 100 confirming bioassays of Pfiesteria toxicity, together with supporting field data].

(iv)          Biological sampling indicating that the kill or disease event has passed, interpreted through the following information:

(I)            Sampling of affecting area or established monitoring sites.

(II)          Observations of catch by fishing gear that may be set or used in the area.

(III)        Species diversity and abundance that has returned to normal levels for the area and season when compared to historic data, if available.

(2)           Other Environmental Events:

(A)          Closing fisheries:

State Health Director determines there is a public health or safety risk.

(B)          Opening fisheries:

State Health Director determines a public health or safety risk no longer exists.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Temporary Adoption Eff. February 1, 1996;

Eff. June 1, 1996;

Recodified from 15A NCAC 3I .0019 Eff. December 17, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0120        POSSESSION OR TRANSPORTATION LIMITS

(a)  It is unlawful to possess any species of fish which is subject to size or harvest restrictions, while actively engaged in a fishing operation, unless all fish are in compliance with the restrictions for the waterbody and area being fished.

(b)  It is unlawful to import into the state species of fish native to North Carolina for sale in North Carolina that do not meet established size limits, except as provided in 15A NCAC 03K .0202(c), 03K .0207, 03K .0305, and 03M .0503.

 

History Note:        Authority G.S. 113‑134; 113-170; 113-170.4; 113-170.5; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. September 1, 2005; April 1, 2003.

 

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 of Marine Fisheries shall mark the boundaries of areas identified in this Chapter and in proclamations issued by the Fisheries Director with signs insofar as may be practical. No removal or relocation of any such marker or sign shall have the effect of changing the classification of any body of water or portion thereof, nor shall any such removal or relocation or the absence of any marker or sign affect the applicability of any rule pertaining to any such body of water or portion thereof. Where there is conflict between markers or signs, and boundaries described in this Chapter and in proclamations issued by the Fisheries Director, boundary descriptions shall prevail.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-221.1; 143B‑289.52;

Eff. April 1, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03I .0122        USER CONFLICT RESOLUTION

(a)  In order to address user conflicts, the Fisheries Director may, by proclamation, impose any or all of the following restrictions:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify seasons; and

(5)           specify quantity.

This authority may be used based on the Fisheries Director's own findings or on the basis of a valid request in accordance with Paragraph (b) of this Rule.  The Fisheries Director shall hold a public meeting in the area of the user conflict prior to issuance of a proclamation based on his or her own findings.

(b)  Request for user conflict resolution:

(1)           Any person(s) desiring user conflict resolution may make such request in writing addressed to the Director of the Division of Marine Fisheries, P.O. Box 769, 3441 Arendell St., Morehead City, NC 28557-0769.  A request shall contain the following information:

(A)          a map of the affected area including an inset vicinity map showing the location of the area with detail sufficient to permit on-site identification and location;

(B)          identification of the user conflict causing a need for user conflict resolution;

(C)          recommended solution for resolving user conflict; and

(D)          name and address of the person(s) requesting user conflict resolution.

(2)           Within 90 days of the receipt of the information required in Subparagraph (b)(1) of this Rule, the Fisheries Director shall review the information and determine if user conflict resolution is necessary.  If user conflict resolution is not necessary, the Fisheries Director shall deny the request.  If user conflict resolution is necessary, the Fisheries Director or designee shall hold a public meeting in the area of the user conflict.  The requestor shall present his or her request at the public meeting.

(3)           Following the public meeting as described in Subparagraph (b)(2) of this Rule, the Fisheries Director shall refer the users in the conflict for mediation or deny the request.  If the user conflict cannot be resolved through mediation, the Fisheries Director shall submit for approval a proclamation to the Marine Fisheries Commission that addresses the conflict.

(4)           Proclamations issued under this Rule shall suspend appropriate rules or portions of rules under the authority of the Marine Fisheries Commission as specified in the proclamation.  The provisions of Rule .0102 of this Section terminating suspension of a rule pending the next Marine Fisheries Commission meeting and requiring review by the Marine Fisheries Commission at the next meeting shall not apply to proclamations issued under this Rule.

 

History Note:        Authority G.S. 113-134; 113-181; 113-182; 113-221.1; 143B-289.52;

Eff. May 1, 2015.

 

 

 

SUBCHAPTER 3J ‑ NETS, POTS, DREDGES, AND OTHER FISHING DEVICES

 

SECTION .0100 ‑ NET RULES, GENERAL

 

 

15A NCAC 03J .0101       FIXED OR STATIONARY NETS

It is unlawful to use or set fixed or stationary nets:

(1)           In the channel of the Intracoastal Waterway or in any other location where it may constitute a hazard to navigation;

(2)           So as to block more than two‑thirds of any natural or manmade waterway, sound, bay, creek, inlet or any other body of water;

(3)           In the middle third of any marked navigation channel;

(4)           In the channel third of the following rivers:  Roanoke, Cashie, Middle, Eastmost, Chowan, Little, Perquimans, Pasquotank, North, Alligator, Pungo, Pamlico, and Yeopim.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03J .0102       NETS OR NET STAKES

It is unlawful to use nets or net stakes:

(1)           Within 150 yards of railroad or highway bridge crossing the Northeast Cape Fear River, New River, White Oak River, Trent River, Neuse River, Pamlico River, Roanoke River, and Alligator River;

(2)           Within 300 yards of any highway bridge crossing Albemarle Sound, Chowan River, Croatan Sound, Currituck Sound and Roanoke Sound;

(3)           If such net stakes are of metallic material.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03J .0103       Gill Nets, Seines, Identification, Restrictions

(a)  It is unlawful to use gill nets:

(1)           with a mesh length less than two and one-half inches; and

(2)           in Internal Coastal Waters from April 15 through December 15, with a mesh length five inches or greater and less than five and one-half inches.

(b)  The Fisheries Director may, by proclamation, limit or prohibit the use of gill nets or seines in Coastal Fishing Waters, or any portion thereof, or impose any or all of the following restrictions on gill net or seine fishing operations:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods, including:

(A)          gill net mesh length, but the maximum length specified shall not exceed six and one-half inches in Internal Coastal Waters; and

(B)          net number and length, but for gill nets with a mesh length four inches or greater, the maximum length specified shall not exceed 2,000 yards per vessel in Internal Coastal Waters regardless of the number of individuals involved; and

(4)           specify season.

(c)  It is unlawful to use fixed or stationary gill nets in the Atlantic Ocean, drift gill nets in the Atlantic Ocean for recreational purposes, or any gill nets in Internal Coastal Waters unless nets are marked by attaching to them at each end two separate yellow buoys which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length.  Gill nets that are not connected together at the top line are considered as individual nets, requiring two buoys at each end of each individual net.  Gill nets connected together at the top line are considered as a continuous net requiring two buoys at each end of the continuous net.  Any other marking buoys on gill nets used for recreational purposes shall be yellow except one additional buoy, any shade of hot pink in color, constructed as specified in this Paragraph, shall be added at each end of each individual net.  Any other marking buoys on gill nets used in commercial fishing operations shall be yellow except that one additional identification buoy of any color or any combination of colors, except any shade of hot pink, may be used at either or both ends.  The owner shall be identified on a buoy on each end either by using engraved buoys or by attaching engraved metal or plastic tags to the buoys.  Such identification shall include owner's last name and initials and if a vessel is used, one of the following:

(1)           owner's N.C. motor boat registration number; or

(2)           owner's U.S. vessel documentation name.

(d)  It is unlawful to use gill nets:

(1)           within 200 yards of any flounder or other finfish pound net set with lead and either pound or heart in use, except from August 15 through December 31 in all Coastal Fishing Waters of the Albemarle Sound, including its tributaries to the boundaries between Coastal and Joint Fishing Waters, west of a line beginning at a point 36° 04.5184' N - 75° 47.9095' W on Powell Point; running southerly to a point 35° 57.2681' N - 75° 48.3999' W on Caroon Point, it is unlawful to use gill nets within 500 yards of any pound net set with lead and either pound or heart in use; and

(2)           from March 1 through October 31 in the Intracoastal Waterway within 150 yards of any railroad or highway bridge.

(e)  It is unlawful to use gill nets within 100 feet either side of the center line of the Intracoastal Waterway Channel south of the entrance to the Alligator-Pungo River Canal near Beacon "54" in Alligator River to the South Carolina line, unless such net is used in accordance with the following conditions:

(1)           no more than two gill nets per vessel may be used at any one time;

(2)           any net used must be attended by the fisherman from a vessel who shall at no time be more than 100 yards from either net; and

(3)           any individual setting such nets shall remove them, when necessary, in sufficient time to permit unrestricted vessel navigation.

(f)  It is unlawful to use runaround, drift, or other non-stationary gill nets, except as provided in Paragraph (e) of this Rule:

(1)           to block more than two-thirds of any natural or manmade waterway, sound, bay, creek, inlet, or any other body of water; or

(2)           in a location where it will interfere with navigation.

(g)  It is unlawful to use unattended gill nets with a mesh length less than five inches in a commercial fishing operation in the gill net attended areas designated in 15A NCAC 03R .0112(a).

(h)  It is unlawful to use unattended gill nets with a mesh length less than five inches in a commercial fishing operation from May 1 through November 30 in the Internal Coastal Waters and Joint Fishing Waters of the state designated in 15A NCAC 03R .0112(b).

(i)  It is unlawful for any portion of a gill net with a mesh length five inches or greater to be within 10 feet of any point on the shoreline while set or deployed, unless the net is attended from June through October in Internal Coastal Waters.

(j)  For the purpose of this Rule and 15A NCAC 03R .0112, "shoreline" is defined as the mean high water line or marsh line, whichever is more seaward.

 

History Note:        Authority G.S. 113‑134; 113-173; 113‑182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 1998; March 1, 1996; March 1, 1994; July 1, 1993; September 1, 1991;

Temporary Amendment Eff. October 2, 1999; July 1, 1999; October 22, 1998;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. May 1, 2001;

Amended Eff. April 1, 2016; April 1, 2009; December 1, 2007; September 1, 2005; August 1, 2004; August 1, 2002.

 

15A NCAC 03J .0104       TRAWL NETS

(a)  It is unlawful to possess aboard a vessel while using a trawl net in Internal Coastal 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 is unlawful to use trawl nets:

(1)           in Internal Coastal Waters from 9:00 p.m. on Friday through 5:00 p.m. on Sunday, except:

(A)          from December 1 through March 1 from one hour after sunset on Friday to one hour before sunrise on Monday in the areas listed in Subparagraph (b)(5) of this Rule; or

(B)          for a holder of a Permit for Weekend Trawling for Live Shrimp in accordance with 15A NCAC 03O .0503;

(2)           for the taking of oysters;

(3)           in Albemarle Sound, Currituck Sound, and their tributaries, west of a line beginning on the south shore of Long Point at a point 36° 02.4910' N – 75° 44.2140' W; running southerly to the north shore on Roanoke Island to a point 35° 56.3302' N – 75° 43.1409' W; running northwesterly to Caroon Point to a point 35° 57.2255' N – 75° 48.3324' W;

(4)           in the areas described in 15A NCAC 03R .0106, except that the Fisheries Director may, by proclamation, open the area designated in Item (1) of 15A NCAC 03R .0106 to peeler crab trawling;

(5)           from December 1 through March 1 from one hour after sunset to one hour before sunrise in the following areas:

(A)          in Pungo River, north of a line beginning on Currituck Point at a point 35° 24.5833' N – 76° 32.3166' W; running southwesterly to Wades Point to a point 35° 23.3062' N – 76° 34.5135' W;

(B)          in Pamlico River, west of a line beginning on Wades Point at a point 35° 23.3062' N – 76° 34.5135' W; running southwesterly to Fulford Point to a point 35° 19.8667' N – 76° 35.9333' W;

(C)          in Bay River, west of a line beginning on Bay Point at a point 35° 11.0858' N – 76° 31.6155' W; running southerly to Maw Point to a point 35° 09.0214' N – 76° 32.2593' W;

(D)          in Neuse River, west of a line beginning on the Minnesott side of the Neuse River Ferry at a point 34° 57.9116' N – 76° 48.2240' W; running southerly to the Cherry Branch side of the Neuse River Ferry to a point 34° 56.3658' N – 76° 48.7110' W; and

(E)           in New River, all waters upstream of the N.C. Highway 172 Bridge when opened by proclamation; and

(6)           in designated pot areas opened to the use of pots by 15A NCAC 03J .0301(a)(2) and described in 15A NCAC 03R .0107(a)(5), (a)(6), (a)(7), (a)(8), and (a)(9) within an area bound by the shoreline to the depth of six feet.

(c)  Mesh sizes for shrimp and crab trawl nets shall meet the requirements of 15A NCAC 03L .0103 and .0202.

(d)  The Fisheries Director may, with prior consent of the Marine Fisheries Commission, by proclamation, require bycatch reduction devices or codend modifications in trawl nets to reduce the catch of finfish that do not meet size limits or are unmarketable as individual foodfish by reason of size.

(e)  It is unlawful to use shrimp trawl nets for recreational purposes unless the trawl net is marked by attaching to the codend (tailbag) one floating buoy, any shade of hot pink in color, which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length. The owner shall be identified on the buoy by using an engraved buoy or by attaching engraved metal or plastic tags to the buoy. Such identification shall include owner's last name and initials and, if a vessel is used, one of the following:

(1)           gear owner's current motor boat registration number; or

(2)           owner's U.S. vessel documentation name.

(f)  It is unlawful to use shrimp trawl nets for the taking of blue crabs in Internal Coastal Waters, except that it shall be permissible to take or possess blue crabs incidental to shrimp trawling in accordance with the following limitations:

(1)           for individuals using shrimp trawl nets authorized by a Recreational Commercial Gear License, 50 blue crabs per day, not to exceed 100 blue crabs if two or more Recreational Commercial Gear License holders are on board the same vessel; and

(2)           for commercial operations, crabs may be taken incidental to lawful shrimp trawl net operations provided that the weight of the crabs shall not exceed the greater of:

(A)          50 percent of the total weight of the combined crab and shrimp catch; or

(B)          300 pounds.

(g)  The Fisheries Director may, by proclamation, close any area to trawling for specific time periods in order to secure compliance with this Rule.

 

History Note:        Authority G.S. 113-134; 113-173; 113-182; 113-221.1; 143B-289.52;

Eff. February 1, 1991;

Amended Eff. August 1, 1998; May 1, 1997; March 1, 1994; February 1, 1992;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2017; April 1, 2014; April 1, 2009; September 1, 2005; August 1, 2004; August 1, 2000.

 

15A NCAC 03J .0105       PURSE SEINES

(a)  It is unlawful to use purse seines except for the taking of menhaden, Atlantic thread herring, gizzard shad or pinfish, as further restricted by Paragraphs (b) and (c) of this Rule.

(b)  It is unlawful to take menhaden, Atlantic thread herring, gizzard shad or pinfish with a purse seine in violation of any of the following limitations:

(1)           In the Atlantic Ocean during the periods and within an area described:

(A)          In 15A NCAC 03R .0111, and

(B)          By Session Law 2007-320.

(2)           Except as provided in Subparagraph (5) of this Paragraph, between January 16 and May 14 in:

(A)          Internal waters, and

(B)          Atlantic Ocean within one mile of shore.

(3)           Between January 16 and March 31 in Core Sound.

(4)           In internal waters except in:

(A)          Pamlico Sound,

(B)          Pamlico River east of a line from Wades Point to Intracoastal Waterway Marker No. 1 at the mouth of Goose Creek,

(C)          Neuse River east of a line from Wilkinson Point to Cherry Point,

(D)          Adams Creek,

(E)           Core Sound and its tributaries,

(F)           Back Sound, the Straits, and North river,

(G)          Newport River,

(H)          North River, and

(I)            Bogue Sound.

(5)           The Fisheries Director may, by proclamation, open the Atlantic Ocean within one mile of shore and the internal waters specified in Subparagraph (4) of this Paragraph between April 1 and May 14, and may impose any or all of the following restrictions:

(A)          Specify means and methods by area which may be employed in the taking;

(B)          Limit the quantity; and

(C)          Require submission of statistical and biological data.

(c)  Menhaden, Atlantic thread herring, gizzard shad or pinfish may be taken at any time with a purse seine from beyond one mile of shore in the Atlantic Ocean and transported to port except as specified by Session Law 2007-320 and except as prohibited below:

(1)           It is unlawful to take menhaden, Atlantic thread herring, gizzard shad or pinfish by use of a purse seine between sunset on any Friday and sunrise of the following Monday from the Friday of the Memorial Day weekend through sunset on Labor Day each year.

(2)           It is unlawful to take menhaden, Atlantic thread herring, gizzard shad or pinfish by use of a purse seine between the hours of sunrise and sunset on the following holidays:

(A)          Memorial Day;

(B)          Fourth of July, when the Fourth of July falls on any calendar day Friday through Monday; and

(C)          Labor Day.

(d)  It is unlawful for the responsible party to fail to carry out the following requirements when a fish spill from a purse seine occurs:

(1)           Immediately notify the office of the Fisheries Director of the North Carolina Division of Marine Fisheries of such spill; and

(2)           Report to the Fisheries Director of the North Carolina Division of Marine Fisheries in writing within 30 days of the completion of spill clean-up on the circumstances associated with each spill and costs of its clean-up.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008.

 

15A NCAC 03J .0106       CHANNEL NETS

(a)  It is 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 portion of each staff or stake and on any buoys located at either end of the net.

(3)           With any portion of the set including boats, anchors, cables, ropes or nets within 50 feet of the center line of the Intracoastal Waterway Channel.

(4)           In the middle third of any navigation channel marked by Corps of Engineers or U.S. Coast Guard.

(5)           Unless attended by the fisherman who shall be no more than 50 yards from the net at all times.

(b)  It is unlawful to use or possess aboard a vessel any channel net with a corkline exceeding 40 yards.

(c)  It is unlawful to leave any channel net, channel net buoy, or channel net stakes in coastal fishing waters from December 1 through March 1.

(d)  It is unlawful to use floats or buoys of metallic material for marking a channel net set.

(e)  From March 2 through November 30, cables used in a channel net operation shall, when not attached to the net, be connected together and any attached buoy shall be connected by non‑metal line.

(f)  It is unlawful to leave channel net buoys in coastal fishing waters without yellow light reflective tape on each buoy and without the owner's identification being legibly printed on each buoy.  Such identification must include one of the following:

(1)           Owner's N.C. motorboat registration number; or

(2)           Owner's U.S. vessel documentation name; or

(3)           Owner's last name and initials.

(g)  It is unlawful to use any channel nets, anchors, lines, or buoys in such a manner as to constitute a hazard to navigation.

(h)  It is unlawful to use channel nets for the taking of blue crabs in internal waters, except that it shall be permissible to take or possess blue crabs incidental to channel net operations in accordance with the following limitations:

(1)           Crabs may be taken incidental to lawful channel net operations provided that the weight of the crabs shall not exceed:

(A)          50 percent of the total weight of the combined crab and shrimp catch; or

(B)          300 pounds, whichever is greater.

(2)           The Fisheries Director may, by proclamation, close any area to channel net use for specific time periods in order to secure compliance with this Paragraph.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 2005.

 

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 1, 2000;

Amended Eff. August 1, 2002; April 1, 2001;

Temporary Amendment Eff. February 10, 2003;

Amended Eff. December 1, 2007; September 1, 2005; August 1, 2004;

Repealed Eff. April 1, 2009.

 

15A NCAC 03J .0108       NETS PULLED BY MORE THAN ONE BOAT

It is unlawful to pull or tow a net with more than one boat except in long‑haul fishing operations.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991.

 

15a ncac 03j .0109       LONG‑HAUL FISHING OPERATIONS, IDENTIFICATION REQUIREMENTS

It is unlawful to tow or pull a net in a long‑haul or swipe net fishing excluding operations with nets made entirely of monofilament and having a mesh length of three inches or greater:

(1)           Without a floating buoy attached a minimum of every 100 yards along the cork line.  The buoy shall be international orange and shall be no less than five inches in diameter and no less than 11 inches in length; and

(2)           Without a flag, square in shape, international orange in color, at least 24 inches by 24 inches in size, flying in the rigging so as to be visible when approaching the vessel from any direction.

(3)           In the internal coastal waters south and west of a line beginning on the west shore of Pamlico Sound at Bluff Point at a point 35° 19.5333' N - 76° 09.3333' W; running southeasterly to Ocracoke Island to a point 35° 08.0000' N - 75° 55.0000' W, without escape panels as follows:

(a)           For long haul operations, two panels four feet deep and six feet long shall be installed with the entire panel within 10 feet of the staff on the end of the bunt net from which the fish are being bailed.  The panels shall be in the water while fish are harvested. 

(b)           For swipe net operations, two panels three feet deep and five feet long shall be installed with the entire panel within 10 feet of the staff on the end of the bunt net from which the fish are being bailed.  The panels shall be in the water while fish are harvested. 

(c)           The upper edge of one panel shall be installed within 12 to 24 inches of the float line and the lower edge of the other panel shall be installed within 12 to 24 inches of the lead line.

(d)           The panels shall be constructed of unobstructed trawl rings with an inside diameter no less than one and nine-sixteenth inches (1 9/16").  The rings shall be fastened together at a maximum of four points per ring.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.4; 143B-289.52;

Eff. January 1991;

Amended Eff. August 1, 2004; April 1, 1999.

 

15A NCAC 03J .0110       SEINES

It is unlawful to use seines 30 feet or over in length for recreational purposes unless the net is marked by attaching to the corkline one floating buoy, any shade of hot pink in color, which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length.  The owner shall always be identified on the buoy using engraved buoys or by attaching engraved metal or plastic tags to the buoy.  Such identification shall include owner's last name and initials and if a vessel is used, one of the following:

(1)           Gear owner's current motor boat registration number; or

(2)           Owner's U.S. vessel documentation name.

 

History Note:        Authority G.S. 113‑134; 113-173; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000.

 

15a ncac 03j .0111       FYKE OR HOOP NETS

(a)  It is unlawful to use fyke or hoop nets in coastal fishing waters without: 

(1)           the owner's identification being clearly printed on a sign no less than six inches square, securely attached on an outside corner stake of each such net; or

(2)           each net being marked by attaching a floating buoy to a single net and a buoy on each end of the line connecting multiple (two or more) nets, when stakes are not used.  Buoys shall be of solid foam or other solid buoyant material and no less than five inches in diameter and no less than five inches in length.  Buoys shall be of any color except yellow or hot pink.  The owner shall always be identified on the attached buoy by using engraved buoys or by engraved metal or plastic tags attached to the buoy.  Such identification shall include the gear owner's current motorboat registration number and the gear owner's last name and initials.

(b)  It is unlawful to use a fyke or hoop net within 200 yards of any operational pound net set.

(c)  It is unlawful to use a fyke or hoop net within 150 yards of any railroad or highway bridge.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Temporary Adoption Eff. August 1, 2000;

Amended Eff. April 1, 2003; April 1, 2001.

 

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 is 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 tank 34° 13.1500'N - 77° 47.300' W on the northern end of Wrightsville Beach, a distance of 4400 yards parallel with the beach.

(2)           It is unlawful to use trawls within one‑half mile of the beach between the Virginia line and Oregon Inlet.

(3)           It is unlawful to use a trawl with a mesh length less than four inches in the main body, three inches in the extension, and one and three‑fourths inches in the cod end or tail bag inshore of a line beginning on the western side of Beaufort Inlet Channel at a point 34° 41.3000' N ‑ 76° 40.1333' W; running westerly parallel to and one‑half miles from the shore off Salter Path to a point 34° 40.5333' N ‑ 76° 53.7500' W.

(4)           It is unlawful to use trawl nets, including flynets, southwest of the 9960-Y chain 40250 LORAN C line (running offshore in a southeasterly direction) from Cape Hatteras to the North Carolina/South Carolina line except:

(A)          Shrimp trawls as defined in 15A NCAC 03L .0103;

(B)          Crab trawls as defined in 15A NCAC 03L .0202; or

(C)          Flounder trawls as defined in 15A NCAC 03M .0503.

(5)           It is unlawful to possess finfish (including pursuant to 15A NCAC 03M .0102) incidental to shrimp or crab trawl operations from December 1 through March 31 unless the weight of the combined catch of shrimp and crabs exceeds the weight of finfish, except an additional 300 pounds of kingfish (Menticirrhus, spp.) may be taken south of Bogue Inlet.

(6)           It is unlawful to use unattended gill nets or block or stop nets in the Atlantic Ocean within 300 yards of the beach from Beaufort Inlet to the South Carolina line from sunset Friday to sunrise Monday from Memorial Day through Labor Day.

(7)           It is unlawful to use gill nets in the Atlantic Ocean with a mesh length greater than seven inches from April 15 through December 15.

(8)           It is unlawful to use shrimp trawls in all waters west of a line beginning at the southeastern tip of Baldhead Island at a point 33° 50.4833' N ‑ 77° 57.4667' W; running southerly in the Atlantic Ocean to a point 33° 46.2667' N ‑ 77° 56.4000' W; from 9:00 P.M. through 5:00 A.M.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; September 1, 1991;

Temporary Amendment Eff. December 1, 1997;

Amended Eff. October 1, 2008; August 1, 2004; August 1, 1998.

 

15A NCAC 03J .0203       CHOWAN RIVER AND ITS TRIBUTARIES

In the Chowan River and its tributaries:

(1)           It is unlawful to anchor the lead line of any net closer than 50 feet from shore except in the Meherrin River.

(2)           It is unlawful to use pound nets in any tributary creek or within 150 yards of the mouth of any such tributary creek of the Chowan River.

(3)           It is unlawful to set a pound net within 200 yards parallel to any other pound net in the Chowan River.

(4)           It is unlawful to use a seine within 1,000 yards of the mouth of any creek tributary to the Chowan River.

(5)           It is unlawful to set a trotline within 100 yards of a pound net from February 1 through May 31.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991.

 

15A NCAC 03J .0204       CURRITUCK SOUND AND ITS TRIBUTARIES

In Currituck Sound and its tributaries:

(1)           It is unlawful to use any net or seine with more than one power boat.

(2)           It is unlawful to use any seine or haul net which is more than 900 yards in length or which has a mesh length of less than three inches.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991.

 

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 is unlawful to use any 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 point on the east side of the mouth of the harbor 33°54.9656'N – 78°01.3797' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004.

 

15A NCAC 03J .0207       duke energy progress brunswick nuclear plant INTAKE CANAL

It is unlawful to use any commercial fishing equipment in the Duke Energy Progress Brunswick Nuclear Plant Intake Canal between the fish diversion screen and the Duke Energy Progress Brunswick Nuclear Plant.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015.

 

15A NCAC 03J .0208       NEW RIVER

(a)  It is unlawful to use trawl nets except skimmer trawls upstream of the Highway 172 Bridge over New River.

(b)  It is 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 August 16 through November 30.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. August 1, 1998;

Amended Eff. May 1, 2015; August 1, 2004.

 

15A NCAC 03J .0209       ALBEMARLE SOUND/CHOWAN RIVER RIVER HERRING MANAGEMENT AREAS

It is 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 15A NCAC 03R .0202.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001;

Amended Eff. May 1, 2015; June 1, 2013; December 1, 2007.

 

section .0300 - POTS, DREDGES, AND OTHER FISHING DEVICES

 

15A NCAC 03J .0301       POTS

(a)  It is unlawful to use pots except during time periods and in areas specified herein:

(1)           In Coastal Fishing Waters from December 1 through May 31, except that all pots shall be removed from Internal Waters from January 15 through February 7.  Fish pots upstream of U.S. 17 Bridge across Chowan River and upstream of a line across the mouth of Roanoke, Cashie, Middle, and Eastmost Rivers to the Highway 258 Bridge are exempt from the January 15 through February 7 removal requirement.  The Fisheries Director may, by proclamation, reopen various waters to the use of pots after January 19 if it is determined that such waters are free of pots.

(2)           From June 1 through November 30, north and east of the Highway 58 Bridge at Emerald Isle:

(A)          In areas described in 15A NCAC 03R .0107(a);

(B)          To allow for the variable spatial distribution of crustacea and finfish, the Fisheries Director may, by proclamation, specify time periods for or designate the areas described in 15A NCAC 03R .0107(b); or any part thereof, for the use of pots.

(3)           From May 1 through November 30 in the Atlantic Ocean and west and south of the Highway 58 Bridge at Emerald Isle in areas and during time periods designated by the Fisheries Director by proclamation.

The Fisheries Director may, by proclamation authority established in 15A NCAC 03L .0201, further restrict the use of pots to take blue crabs.

(b)  It is unlawful to use pots:

(1)           in any navigation channel marked by State or Federal agencies; or

(2)           in any turning basin maintained and marked by the North Carolina Ferry Division.

(c)  It is unlawful to use pots in a commercial fishing operation, unless each pot is marked by attaching a floating buoy that shall be of solid foam or other solid buoyant material and no less than five inches in diameter and no less than five inches in length.  Buoys may be of any color except yellow or hot pink or any combination of colors that include yellow or hot pink.  The owner shall always be identified on the attached buoy by using engraved buoys or by engraved metal or plastic tags attached to the buoy.  The identification shall include one of the following:

(1)           gear owner's current motorboat registration number;

(2)           gear owner's U.S. vessel documentation name; or

(3)           gear owner's last name and initials.

(d)  Pots attached to shore or a pier shall be exempt from Subparagraphs (a)(2) and (a)(3) of this Rule.

(e)  It is unlawful to use shrimp pots with mesh lengths smaller than one and one-fourth inches stretch or five-eighths-inch bar.

(f)  It is unlawful to use pots to take eels with mesh lengths smaller than one-half inch by one-half inch, except until January 1, 2017 eel pots of any mesh length with an escape panel that is at least four inches square with a mesh length of one inch by one-half inch located in the outside panel of the upper chamber of rectangular pots and in the rear portion of cylindrical pots shall be allowed.

 (g)  It is unlawful to use crab pots in Coastal Fishing Waters unless each pot contains no less than two unobstructed escape rings that are at least two and five-sixteenths inches inside diameter and located in the opposite outside panels of the upper chamber of the pot, except the following are exempt from the escape ring requirements:

(1)           unbaited pots;

(2)           pots baited with a male crab; and

(3)           pots set in areas and during time periods described in 15A NCAC 03R .0118.

(h)  The Fisheries Director may, by proclamation, exempt the escape ring requirements described in Paragraph (g) of this Rule in order to allow the harvest of mature female crabs and may impose any or all of the following restrictions:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify seasons; and

(5)           specify quantity.

(i)  It is unlawful to use more than 150 crab pots per vessel in Newport River.

(j)  It is unlawful to remove crab pots from the water or remove crabs from crab pots between one hour after sunset and one hour before sunrise.

(k)  It is unlawful to use pots to take crabs unless the line connecting the pot to the buoy is non-floating.

(l)  It is unlawful to use pots with leads or leaders to take shrimp.  For the purpose of this Rule, "leads" or "leaders" are defined as any fixed or stationary net or device used to direct fish into any gear used to capture fish.  Any device with leads or leaders used to capture fish shall not be a pot.

 

History Note:        Authority G.S. 113-134; 113-173; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 1998; May 1, 1997; March 1, 1996; March 1, 1994; October 1, 1992; September 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. September 1, 2000;

Amended Eff. May 1, 2015; April 1, 2014; September 1, 2005; August 1, 2004; August 1, 2002.

 

15A NCAC 03J .0302       RECREATIONAL USE OF POTS

(a)  It is unlawful for a Recreational Commercial Gear License holder to use pots authorized by 15A NCAC 03O .0302 unless each pot is marked by attaching one floating buoy, any shade of hot pink in color, which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length.  The owner shall always be identified on the buoy using engraved buoys or by attaching engraved metal or plastic tags to the buoy.  Such identification shall include the owner's last name and initials and if a vessel is used, one of the following:

(1)           Gear owner's current motor boat registration number, or

(2)           Owner's U.S. vessel documentation name.

(b)  It is unlawful for a person to use more than one crab pot attached to the shore along privately owned land or to a privately owned pier without possessing a valid Recreational Commercial Gear License.

 

History Note:        Authority G.S. 113-134; 113-173; 113-182; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. April 1, 2011; August 1, 2000.

 

15A NCAC 03J .0303       DREDGES AND MECHANICAL METHODS PROHIBITED

(a)  It is unlawful to use any dredge weighing more than 100 pounds except in the Atlantic Ocean.

(b)  It is unlawful to use more than one dredge per vessel to take oysters or crabs or to use any dredges or mechanical methods between sunset and sunrise.

(c)  It is unlawful to possess oysters aboard a vessel with a dredge weighing more than 100 pounds on board.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; January 1, 1991.

 

15A NCAC 03J .0304       ELECTRICAL FISHING DEVICE

It is unlawful to take catfish by the use of a hand‑operated device generating pulsating electrical current in the Cape Fear River except from 800 feet downstream of Lock and Dam No. 1 in Bladen County to where the Black River joins the Cape Fear River from July 1 through the last day of February.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 2008.

 

15A NCAC 03J .0305       TROTLINES (MULTIPLE HOOK OR MULTIPLE BAIT)

It is unlawful to use multiple hook or multiple bait trotlines for recreational purposes unless such trotlines are marked by attaching to them at each end one floating buoy, any shade of hot pink in color, which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length.  The owner shall always be identified on the buoy by using an engraved buoy or by attaching engraved metal or plastic tags to the buoy.  Such identification shall include owner's last name and initials and if a vessel is used, one of the following:

(1)           Gear owner's current motor boat registration number, or

(2)           Owner's U.S. vessel documentation name.

 

History Note:        Authority G.S. 113-134; 113-173; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000.

 

15A NCAC 03J .0306       HOOK-AND-LINE

It is unlawful to use any hook larger than 4/0 from July 1 through September 30 in the internal coastal fishing 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 line beginning at a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks while using natural bait from 7:00 p.m. to 7:00 a.m. unless the terminal tackle consists of:

(1)           A circle hook defined as a hook with the point of the hook directed perpendicularly back toward the shank, and with the barb either compressed or removed; and

(2)           A fixed sinker not less than two ounces in weight, secured not more than six inches from the fixed weight to the circle hook.

 

History Note:        Authority G.S. 113-182; 113-182.1; 143B-289.52;

Eff. April 1, 2009.

 

_

 

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 is unlawful to use fishing gear as specified by proclamation at the time and dates specified in the proclamation between the Friday before Easter through December 31 in the following areas when such areas have been closed by proclamation:

(1)           All or part of the Atlantic Ocean, up to one‑half mile from the beach;

(2)           Up to one-half mile in all directions of Oregon Inlet;

(3)           Up to one‑half mile in all directions of Hatteras Inlet;

(4)           Up to one-half mile in all directions of Ocracoke Inlet;

(5)           Up to one‑half mile of the Cape Lookout Rock Jetty;

(6)           Up to one-half mile in all directions of fishing piers open to the public;

(7)           Up to one‑half mile in all directions of State Parks;

(8)           Up to one-half mile of marinas as defined by the Coastal Resources Commission.

(c)  The Fisheries Director shall specify in the proclamation the boundaries of the closure through the use of maps, legal descriptions, prominent landmarks or other permanent type markers.

(d)  The Fisheries Director shall hold a public meeting in the affected area before issuance of proclamations authorized by this Rule.

 

History Note:        Authority G.S. 113‑133; 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. July 1, 1993;

Amended Eff. June 1, 1996; March 1, 1995; October 1, 1993.

 

15A NCAC 03J .0402       FISHING GEAR RESTRICTIONS

(a)  It is 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 may not be used from the North Town Limit of Nags Head at Eight Street southward to Gulf Street:

(I)            From Wednesday through Saturday of the week of the Nags Head Surf Fishing Tournament held during October of each year the week prior to Columbus Day.

(II)          From November 1 through December 15.

(ii)           Commercial fishing gear may not be used within 750 feet of licensed fishing piers when open to the public.

(B)          Oregon Inlet.  Seines and gill nets may not be used from the Friday before Easter through December 31:

(i)            Within one-quarter mile of the beach from the National Park Service Ramp #4 (35° 48.2500' N - 75° 32.7000' W) on Bodie Island to the northern terminus of the Bonner Bridge (35° 46.5000' N - 75° 32.3666' W) on Hwy. 12 over Oregon Inlet.

(ii)           Within the area known locally as "The Pond", a body of water generally located to the northeast of the northern terminus of the Bonner Bridge.

(C)          Cape Hatteras (Cape Point).  Seines and gill nets may not be used within one-half mile of Cape Point from the Friday before Easter through December 31.  The closed area is defined by a circle with a one-half mile radius having the center near Cape Point at a point 35° 12.9000' N - 75° 31.7166' W. 

(2)           Atlantic Ocean - Onslow and Pender Counties.  Commercial fishing gear may not be used during the time specified for the following areas:

(A)          Topsail Beach.  From January 1 through December 31, that area around Jolly Roger Fishing Pier bordered on the offshore side by a line 750 feet from the end of the pier and on the northeast and southwest by a line beginning at a point on the beach one-quarter mile from the pier extending seaward to intersect the offshore boundary.

(B)          Surf City:

(i)            From January 1 to June 30, that area around the Surf City Fishing Pier bordered on the offshore side by a line 750 feet from the end of the pier, on the southwest by a line beginning at a point on the beach one-quarter mile from the pier and on the northeast by a line beginning at a point on the beach 750 feet from the pier extending seaward to intersect the offshore boundaries.

(ii)           From July 1 to December 31, those areas around the pier bordered on the offshore side by a line 750 feet from the end of the pier, on the southwest by a line beginning at a point on the beach 750 feet from the pier and on the northeast by a line beginning at a point on the beach one-quarter mile from the pier extending seaward to intersect the offshore boundaries.

(3)           Atlantic Ocean - New Hanover County.  Carolina Beach Inlet through Kure Beach.  Commercial fishing gear may not be used during the times specified for the following areas:

(A)          From the Friday before Easter to November 30, within the zones adjacent to the Carolina Beach and Kure Beach Fishing Piers bordered on the offshore side by a line 750 feet from the ends of the piers and on the north and south by a line beginning at a point on the beach one-quarter mile from the pier extending seaward to intersect the offshore boundary, except the southern boundary for Kure Beach Pier is a line beginning on the beach one mile south of the pier to the offshore boundary for the pier.

(B)          From May 1 to November 30, within 900 feet of the beach, from Carolina Beach Inlet to the southern end of Kure Beach with the following exceptions:

(i)            From one-quarter mile north of Carolina Beach Fishing pier to Carolina Beach Inlet from October 1 to November 30:

(I)            Strike nets may be used within 900 feet of the beach;

(II)          Attended nets may be used between 900 feet and one-quarter mile of the beach.

(ii)           Strike nets and attended gill nets may be used within 900 feet of the beach from October 1 to November 30 in other areas except those described in Part (a)(3)(A) and Subpart (a)(3)(B)(i) of this Rule.

(iii)          It is unlawful to use commercial fishing gear within 900 feet of the beach from Carolina Beach Inlet to a point on the beach 33°55.0026' N – 77°56.6630' W near the former location of New Inlet during the October surf fishing tournament in Carolina Beach.

(4)           Pamlico River – Beaufort County.  Goose Creek State Park.  Commercial fishing gear may not be used from the Friday before Easter through December 31 for the following areas:

(A)          Within 150 feet of the shoreline within park boundaries;

(B)          Within the marked channel from Dinah Landing to the mouth of Upper Goose Creek.

(b)  It is unlawful to use gill nets or seines in the following areas during dates and times specified for the identified areas:

(1)           Neuse River and South River, Carteret County.  No more than 1,200 feet of gill net(s) having a stretched mesh of five inches or larger may be used:

(A)          Within one-half mile of the shore from Winthrop Point at Adams Creek to Channel Marker "2" at the mouth of Turnagain Bay.

(B)          Within South River.

(2)           Cape Lookout, Carteret County:

(A)          Gill nets or seines may not be used in the Atlantic Ocean within 300 feet of the Rock Jetty (at Cape Lookout between Power Squadron Spit and Cape Point).

(B)          Seines may not be used within one-half mile of the shore from Power Squadron Spit south to Cape Point and northward to Cape Lookout Lighthouse including the area inside the "hook" south of a line from the COLREGS Demarcation Line across Bardens Inlet to the eastern end of Shackleford Banks and then to the northern tip of Power Squadron Spit from 12:01 a.m. Saturdays until 12:01 a.m. Mondays from May 1 through November 30.

(3)           State Parks/Recreation Areas:

(A)          Gill nets or seines may not be used in the Atlantic Ocean within one-quarter mile of the shore at Fort Macon State Park, Carteret County.

(B)          Gill nets or seines may not be used in the Atlantic Ocean within one-quarter mile of the shore at Hammocks Beach State Park, Onslow County, from May 1 through October 1, except strike nets and attended gill nets may be used beginning August 15.

(C)          Gill nets or seines may not be used within the boat basin and marked entrance channel at Carolina Beach State Park, New Hanover County.

(4)           Mooring Facilities/Marinas.  Gill nets or seines may not be used from May 1 through November 30 within:

(A)          One-quarter mile of the shore from the east boundary fence to the west boundary fence at U.S. Coast Guard Base Fort Macon at Beaufort Inlet, Carteret County;

(B)          Canals within Pine Knoll Shores, Carteret County;

(C)          Spooners Creek entrance channel and marina on Bogue Sound, Carteret County; Harbor Village Marina on Topsail Sound, Pender County; and Marina and entrance canal within Carolina Marlin Club property adjacent to Newport River, Carteret County.

(5)           Masonboro Inlet.  Gill nets and seines may not be used:

(A)          Within 300 feet of either rock jetty; and

(B)          Within the area beginning 300 feet from the offshore end of the jetties to the Intracoastal Waterway including all the waters of the inlet proper and all the waters of Shinn Creek.

(6)           Atlantic Ocean Fishing Piers.  At a minimum, gill nets and seines may not be used within 300 feet of ocean fishing piers when open to the public.  If a larger closed area has been delineated by the placement of buoys or beach markers as authorized by G.S. 113-185(a), it is unlawful to fish from vessels or with nets within the larger marked zone.

(7)           Topsail Beach, Pender County.  It is unlawful to use gill nets and seines from 4:00 p.m. Friday until 6:00 a.m. the following Monday in the three finger canals on the south end of Topsail Beach.

(8)           Mad Inlet to Tubbs Inlet - Atlantic Ocean, Brunswick County.  It is unlawful to use gill nets and seines from September 1 through November 15, except that a maximum of four commercial gill nets per vessel not to exceed 200 yards in length individually or 800 yards in combination may be used.

(9)           Spooners Creek, Carteret County.  It is unlawful to use gill nets and seines between sunset and sunrise in Spooners Creek entrance channel in Bogue Sound, all of Spooners Creek proper and the adjoining tributary canals and channels.

 

History Note:        Authority G.S. 113‑133; 113‑134; 113‑182; 113‑221; 143B-289.52;

Eff. March 1, 1996;

Amended Eff. October 1, 2004; August 1, 2004; April 1, 2001.

 

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.

 

Section .0500 – Pound Nets

 

15A NCAC 03J .0501       DEFINITIONS AND STANDARDS FOR POUND NETS AND POUND NET SETS

(a)  For the purpose of this Section the following terms are hereby defined:

(1)           Pound Net Set Permit.  A Division authorization to set and fish a pound net set in a commercial fishing operation in a specified location in a specified fishery.

(2)           Permit period.  One year from the date of issuance of a new or renewal pound net set permit.

(3)           Deployed pound net.  Setting of any part of a pound net, except for a location identification stake or for a pound net used in the Atlantic Ocean a location identification buoy placed at each end of a proposed new location.

(4)           Operational pound net set.  A pound net set as defined in 15A NCAC 03I .0101 and deployed according to rules and permit conditions with net attached to stakes or anchors for the lead and pound, including only a single pound in a multi-pound set, and a non-restricted opening leading into the pound such that the set is able to catch and hold fish.

(5)           Flounder pound net.  A pound net set that produces a catch consisting of 50 percent or more flounder by weight of the entire landed catch, excluding blue crabs or a pound net set with all pounds (holding pen) constructed of four inch stretch mesh or greater.

(6)           Shrimp pound net.  A pound net set with all pounds (holding pen) constructed of stretch mesh equal to or greater than one and one-fourth inches and less than or equal to two inches.

(b)  It is unlawful for a pound net used in a commercial fishing operation to:

(1)           Be deployed on a site without first obtaining a Pound Net Set Permit from the Fisheries Director.

(2)           Fail to be operational for a minimum of 30 consecutive days during the pound net set permit period unless a season for the fishery for which the pound net set is permitted is ended earlier due to a quota being met.

(c)  It is unlawful for a pound net set in a commercial fishing operation in coastal fishing waters to fail to:

(1)           Have the permittee's identification legibly printed on a sign no less than six inches square, securely attached to a stake at the permitted ends of each set at all times. For pound net sets in the Atlantic Ocean using anchors instead of stakes, the set shall be identified with a yellow buoy, which shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than 11 inches in length.  The permittee's identification shall be legibly printed on the buoy.  The identification on signs or buoys shall include the Pound Net Set Permit number and the permittee's last name and initials.

(2)           Have yellow light reflective tape or yellow light reflective devices on each pound.  The yellow light reflective tape or yellow light reflective devices shall be affixed to a stake of at least three inches in diameter on any outside corner of each pound, shall cover a vertical distance of not less than 12 inches, and shall be visible from all directions.

(3)           Have a marked navigational opening at least 25 feet wide at the end of every third pound.  The opening shall be marked with yellow light reflective tape or yellow light reflective devices on each side of the opening.  The yellow light reflective tape or yellow light reflective devices shall be affixed to a stake of at least three inches in diameter, shall cover a vertical distance of not less than 12 inches, and shall be visible from all directions.

If a permittee notified of a violation under this Paragraph fails or refuses to take corrective action sufficient to remedy the violation within 10 days of receiving notice of the violation, the Fisheries Director shall revoke the permit.

(d)  It is unlawful to use a Recreational Commercial Gear License  (RCGL) shrimp pound net as defined in 15A NCAC 03O .0302 (a)(8) in coastal fishing waters unless the shrimp pound net is:

(1)           Marked by attaching to the offshore lead, one floating buoy, any shade of hot pink in color, which is of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length.  The owner shall be identified on the buoy by using an engraved buoy or by attaching engraved metal or plastic tags to the buoy.  The identification shall include owner's last name and initials and if a vessel is used, one of the following:

(A)          Gear owner's current motor boat registration number; or

(B)          Owner's U.S. vessel documentation name.

(2)           Set a minimum of 100 yards from a RCGL shrimp pound net set or 300 yards from an operational permitted shrimp pound net set.

(e)  Escape Panels:

(1)           The Fisheries Director may, by proclamation, require escape panels in pound net sets and may impose any or all of the following requirements or restrictions on the use of escape panels:

(A)          Specify size, number, and location.

(B)          Specify mesh length, but not more than six inches.

(C)          Specify time or season.

(D)          Specify areas.

(2)           It is unlawful to use flounder pound net sets without four unobstructed escape panels in each pound.  The escape panels shall be fastened to the bottom and corner ropes on each wall on the side and back of the pound opposite the heart.  The escape panels shall be a minimum mesh size of five and one-half inches, hung on the diamond, and shall be at least six meshes high and eight meshes long.

(f)  During 1 December through 1 February the Director shall by proclamation establish time periods and areas where it is unlawful to fail to remove all nets from pound net sets in commercial fishing operations in internal coastal waters.

(g)  It is unlawful within 30 days of abandonment of a permitted pound net set to fail to remove all stakes and associated gear from coastal fishing waters. The responsible party for abandoned pound net gear may be charged the costs incurred by the Division when the Division undertakes removal of the abandoned pound net gear.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52;

Eff. April 1, 2009.

 

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 rules governing all permits as provided in 15A NCAC 03O .0502.  The procedures and requirements for obtaining permits are set forth in 15A NCAC 03O .0501.

(b)  Applicants for Pound Net Set permits shall meet the following eligibility requirements as determined by the Fisheries Director:

(1)           Applicant is an individual and not a corporation, partnership, organization or other entity;

(2)           Applicant has in the past complied with fisheries rules and laws and does not have any licenses or privileges under suspension or revocation.  In addition, a history of habitual fisheries violations evidenced by eight or more convictions in 10 years shall make an individual ineligible.

(3)           Applicant has in the past complied with all permit conditions, rules and laws related to pound nets.

(4)           Applicant holds proper valid license(s) and permit(s) necessary to fish the type of net indicated in the application.

(c)  Applications for Pound Net Set permits shall include the following:

(1)           A base map provided by the Division indicating the proposed set location including an inset vicinity map showing the location of the proposed set with detail sufficient to permit on-site identification and location.

(2)           Declaration of the type of pound net that will be deployed at the site.  One of the following pound net fisheries shall be specified:

(A)          Flounder pound net set;

(B)          Bait pound net set;

(C)          Shrimp pound net set;

(D)          Blue crab pound net set;

(E)           Other finfish pound net set.

(d)  For proposed new location(s), the Fisheries Director shall issue a public notice of intent to consider issuance of a Pound Net Set Permit allowing for public comment for 20 days, and after the comment period, may hold public meetings to take comments on the proposed pound net set.  If the Director does not approve or deny the application within 90 days of receipt of a complete and verified application, the application is deemed denied.  The applicant shall be notified of denial in writing.  Approval is conditional based upon the applicant's continuing compliance with eligibility requirements set out in Paragraph (e) of this Rule and specific conditions contained on the Pound Net Set Permit.  The final decision to approve or deny the Pound Net Set Permit application may be appealed by the applicant by filing a petition for a contested case hearing, in writing, within 60 days from the date of mailing notice of such final decision to the applicant, with the Office of Administrative Hearings.

(e)  In order for a site to be deemed suitable for a pound net set, the proposed set location shall meet the following criteria as determined by the Fisheries Director:

(1)           The proposed pound net set, either alone or when considered cumulatively with other existing pound net sets in the area, will not interfere with public navigation or with existing, traditional uses of the area other than navigation, and will not violate 15A NCAC 03J .0101 and .0102;

(2)           The proposed pound net set will not interfere with the rights of any riparian or littoral landowner, including the construction or use of piers;

(3)           The proposed pound net set will not, by its proximate location, interfere with existing pound net sets in the area.  Flounder or other finfish pound net sets will be a minimum of 1,000 yards, as measured in a perpendicular direction, from any point on a line following the permitted location of existing pound net sets; except

(A)          in Chowan River as referenced in 15A NCAC 03J .0203; and

(B)          for renewal of pound net sets permitted prior to January 1, 2003;

(4)           The proposed shrimp or blue crab pound net set will be a minimum of 300 yards, as measured in a perpendicular direction, from any point on a line following the permitted location of existing pound net sets;

(5)           The proposed pound net set is not located in Core Sound in areas designated in 15A NCAC 03R .0113 except that only those Pound Net Set Permits valid within the specified area as of March 1, 1994, may be renewed or transferred subject to the requirements of this Rule; and

(6)           Issuance of the proposed Pound Net Set Permit is in compliance with management measures adopted in fishery management plans.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52;

Eff. April 1, 2009.

 

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 Director shall review the renewal application under the criteria for issuance of a new Pound Net Set Permit.  The Fisheries Director may hold public meetings and may conduct such investigations necessary to determine if the permit should be renewed.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52;

Eff. April 1, 2009.

 

15A NCAC 03J .0504       POUND NET SET PERMIT TRANSFER

It is unlawful to transfer a Pound Net Set Permit without a completed application for transfer being submitted to the Division not less than 45 days before the date of the transfer.  The application shall be made by the proposed new permittee in writing and shall be accompanied by a copy of the current permittee's permit and an application for a Pound Net Set Permit in the new permittee's name. The Fisheries Director may hold a public meeting and conduct such investigations necessary to determine if the permit should be transferred.  The transferred permit expires on the same date as the initial permit.  Upon death of the permittee, the permit may be transferred to the Administrator/Executor of the estate of the permittee if transferred within six months of the Administrator/Executor's qualification in accordance with Chapter 28A of the North Carolina General Statutes.   The Administrator/Executor shall provide a copy of the deceased permittee's death certificate, a copy of letters of administration/letters testamentary and a list of eligible immediate family members as defined in G.S. 113-168 to the Morehead City Office of the Division.  Once transferred to the Administrator/Executor, the Administrator/Executor may transfer the permit(s) to eligible immediate family members of the deceased permittee.  No transfer is effective until approved and processed by the Division.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52;

Eff. April 1, 2009.

 

15A NCAC 03J .0505       POUND NET SET PERMIT CONDITIONS

(a)  It is unlawful for a permittee:

(1)           To fail to notify the Marine Patrol Communications Center within 72 hours by phone:

(A)          Of an operational pound net set. Notification shall include the name of permittee, type of net, Pound Net Set Permit number, county where located, a specific location site, and how many pounds are in the set; and

(B)          Of a change to the type of net being set at the permitted site.

(2)           To make false notifications.

(3)           To fail to render the pound net set inoperable during any closed season for the type of fishery for which the pound net is permitted.

Failure to comply with this Paragraph is grounds for the Fisheries Director to revoke any Pound Net Set Permits held by the permittee and for denial of any future applications for Pound Net Set Permits.

(b)  Pound net sets are subject to inspection at all times.

(c)  Daily reporting may be a condition of the permit for a pound net set for fisheries under a quota.

(d)  It is unlawful to fail to remove all pound net stakes and associated gear within 30 days after expiration of the permit or notice by the Fisheries Director that an existing Pound Net Set Permit has been revoked or denied.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 143B-289.52;

Eff. April 1, 2009.

 

 

 

subchapter 03k - OYSTERS, CLAMS, SCALLOPS AND MUSSELS

 

section .0100 – shellfish, general

 

15A NCAC 03K .0101      PROHIBITED SHELLFISH AREAS/ACTIVITIES

(a)  It is unlawful to possess, sell, or take oysters, clams or mussels from areas which have been designated as prohibited (polluted) by proclamation by the Fisheries Director except as provided in 15A NCAC 03K .0103, .0104, .0107, and .0401.  The Fisheries Director shall issue such proclamations upon notice by the Division of Environmental Health that duly adopted criteria for approved shellfish harvest areas have not been met.  The Fisheries Director may reopen any such closed area upon notification from the Division of Environmental Health that duly adopted criteria for approved shellfish harvest areas have been met.  Copies of these proclamations and maps of these areas are available upon request at the Division of Marine Fisheries, 3441 Arendell St., Morehead City, NC 28557; (252) 726‑7021.

(b)  The Fisheries Director may, by proclamation, close areas to the taking of oysters, clams, scallops and mussels in order to protect the shellfish populations for management purposes or for public health purposes not specified in Paragraph (a) of this Rule.

(c)  It is unlawful to possess or sell oysters, clams, or mussels taken from polluted waters outside North Carolina.

 

History Note:        Authority G.S. 113‑134; 113-168.5; 113-169.2; 113‑182; 113‑221; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 1993;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. October 1, 2008; April 1, 2003.

 

15A NCAC 03K .0102      PROHIBITED RAKES

It is unlawful to use a rake more than 12 inches wide or weighing more than six pounds to take:

(1)           oysters or scallops;

(2)           clams in any live oyster bed, in any established bed of submerged aquatic vegetation as described in  15A NCAC 03I .0101, or in any established bed of salt water cordgrass (Spartina alterniflora).

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; February 1, 2008.

 

15A NCAC 03K .0103      shellfish management areas

(a)  The Fisheries Director may, by proclamation, designate Shellfish Management Areas which meet either of the following criteria.  The area has:

(1)           conditions of bottom type, salinity, currents, cover or cultch necessary for shellfish growth;

(2)           shellfish populations or shellfish enhancement projects that may:

(A)          produce commercial quantities of shellfish at 10 bushels or more per acre;

(B)          produce shellfish suitable for transplanting as seed or for relaying from prohibited (polluted) areas; or

(C)          serve as sanctuaries to increase spawning and disease resistance or to prevent predation.

(b)  It is unlawful to use a trawl net, long haul seine, or swipe net in any designated Shellfish or Seed Management area.  These areas shall be marked with signs or buoys.  Unmarked and undesignated tributaries shall be the same designation as the designated waters to which they connect or into which they flow.  No unauthorized removal or relocation of any such marker shall have the effect of changing the designation of any such body of water or portion thereof, nor shall any such unauthorized removal or relocation or the absence of any marker affect the applicability of any rule pertaining to any such body of water or portion thereof.

(c)  It is unlawful to take shellfish from any Shellfish Management Area which has been closed and posted, except that the Fisheries Director may, by proclamation, open specific areas to allow the taking of shellfish and may designate time, place, character, or dimensions of any method or equipment that may be employed.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 113.221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. October 1, 2008; February 1, 2008; April 1, 2003.

 

15A NCAC 03K .0104      PERMITS FOR PLANTING SHELLFISH FROM PROHIBITED/POLLUTED AREAS

(a)  It is unlawful to take oysters or clams from prohibited (polluted) public waters for planting on leases and franchises except as authorized by G.S. 113-203.  Lease and franchise holders shall first obtain a permit from the Fisheries Director setting forth the time, area, and method by which such shellfish may be taken.  The procedures and requirements for obtaining permits are found in 15A NCAC 03O .0500.

(b)  The season for relaying clams shall be between April 1 and May 15 and the season for relaying oysters shall be for a specified six week period between the date of the statewide closure of oyster season and June 30, as determined by the Fisheries Director based on the status of oyster resources available for harvest from public bottom and market factors affecting sale of oysters from public bottom which will assist in determining the statewide closure date and manpower available to monitor the relaying activity.

(c)  For areas designated by the Fisheries Director as sites where shellfish would otherwise be destroyed in maintenance dredging operations, the season as set out in Paragraph (b) of this Rule shall not apply.

(d)  The Fisheries Director, acting upon recommendations of the Division of Environmental Health, shall close and reopen by proclamation any private shellfish beds for which the owner has obtained a permit to relay oysters and clams from prohibited (polluted) public waters.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑203; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; September 1, 1991;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. April 1, 2003.

 

15A NCAC 03K .0105      RECREATIONAL harvest of shellfish

(a)  It is unlawful to take oysters or clams from public bottoms on Sundays, and scallops from public bottoms on Saturdays and Sundays except:

(1)           during open seasons, and

(2)           for recreational purposes.

(b)  It is unlawful to possess, for recreational purposes, more than:

(1)           10 conchs or whelks per person per day, not to exceed 20 conchs or whelks per vessel per day, and

(2)           100 mussels per person per day, not to exceed 200 mussels per vessel per day, and

(3)           100 clams per person per day, not to exceed 200 clams per vessel per day.

 

History Note:        Authority G.S. 113‑134; 113-169.2; 113‑182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; February 1, 1992; September 1, 1991;

Temporary Amendment Eff. October 9, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. May 1, 1997; March 1, 1996;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. October 1, 2008; August 1, 2000.

 

15A NCAC 03K .0106      TAKING OR UNLOADING OYSTERS AND CLAMS ON SUNDAY OR AT nIGHT

(a)  It is unlawful to take oysters or clams between the hours of sunset and sunrise on any day.

(b)  It is unlawful to unload oysters or clams from any vessel or remove any vessel containing oysters or clams from the water on Sunday or between sunset and sunrise on any day except that in New Hanover, Pender and Brunswick Counties, oysters and clams may be unloaded until two hours after sunset.

(c)  Oysters and clams taken on Sunday from public bottom under the provisions of 15A NCAC 03K .0105 or from shellfish leases and franchises pursuant to G.S. 113-208 are exempt from Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. October 1, 2008; August 1, 2000.

 

15A NCAC 03K .0107      DEPURATION OF SHELLFISH

(a)  It is unlawful to take clams or oysters from the public or private prohibited (polluted) waters of the state for the purpose of depuration except when the harvest will utilize shellfish that would otherwise be destroyed in maintenance dredging operations.  All harvest and transport activities within the State of North Carolina related to depuration shall be under the supervision of the Division of Marine Fisheries or the Division of Environmental Health.  For the purpose of this Rule, the term depuration does not include relaying of clams or oysters from shellfish leases or franchises as authorized by 15A NCAC 03K .0104.

(b)  The Fisheries Director, may, by proclamation, impose any or all of the following restrictions on the harvest of clams or oysters for depuration:

(1)           Specify species;

(2)           Specify areas except harvest will not be allowed from designated buffer zones adjacent to sewage outfall facilities;

(3)           Specify harvest days;

(4)           Specify time period;

(5)           Specify quantity or size;

(6)           Specify harvest methods;

(7)           Specify record keeping requirements.

(c)  Depuration permits:

(1)           It is unlawful for individuals to harvest clams or oysters from prohibited (polluted) waters for the purpose of depuration unless they have obtained a Depuration Permit or are listed as designees on a Depuration Permit from the Division of Marine Fisheries and Division of Environmental Health setting forth the method of harvest to be employed.  Permits shall be issued to licensed North Carolina Clam or Oyster Dealers only.  Permittees and designees harvesting under Depuration Permits must have a current Shellfish License or Shellfish Endorsement on a Standard or Retired Standard Commercial Fishing License.

(2)           In addition to information required in 15A NCAC 03O .0501, the permit application shall provide the name, address, location and telephone number of the depuration operation where the shellfish will be depurated.

(3)           Clam or Oyster Dealers desiring to obtain prohibited (polluted) clams or oysters for depuration shall apply for a depuration permit at least 15 days prior to initiation of operation.

(d)  Transport of clams or oysters for depuration:

(1)           Clams or oysters harvested from prohibited (polluted) waters for depuration in a depuration operation located within the State of North Carolina shall be transported under the supervision of the Division of Marine Fisheries or the Division of Environmental Health.

(2)           Clams or oysters harvested from prohibited (polluted) waters for depuration in a depuration operation outside the State of North Carolina shall not be transported within the State of North Carolina except under the supervision of the Division of Marine Fisheries or the Division of Environmental Health.

(e)  It is unlawful to ship clams or oysters harvested for depuration to depuration facilities located in a state other than North Carolina unless the facility is in compliance with the applicable rules and laws of the shellfish control agency of that state.

(f)  The procedures and requirements for obtaining permits are found in 15A NCAC 03O .0500.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. October 1, 2008; April 1, 2003.

 

15A NCAC 03K .0108      DREDGES/MECHANICAL METHODS PROHIBITED

(a) It unlawful to use mechanical methods, except mechanical methods for oystering and clamming defined in 15A NCAC 03I .0101, to take shellfish.

(b) It is unlawful to use mechanical methods for oystering or clamming to take shellfish not subject to the restrictions in 15A NCAC 03K .0201, .0204, .0302, 0304, .0404, .0501, and .0503:

(1)           within any established bed of submerged aquatic vegetation as defined in 15A NCAC 03I .0101 or salt water cordgrass (Spartina alterniflora);

(2)           in areas designated in 15A NCAC 03R .0108, except on shellfish leases and franchises with a Permit to Use Mechanical Methods for Oysters and Clams on Shellfish Leases and Franchises;

(3)           in areas designated in 15A NCAC 03K .0204 and 03R .0103; and

(4)           except following restrictions for the use of mechanical methods specified pursuant to 15A NCAC 03J .0303 and 03K .0201, .0302, .0404, .0501, and .0503.

 

History Note:        Authority G.S. 113-134; 113-201; 143B-289.52;

Eff. October 1, 2008.

 

15A NCAC 03K .0109      SHELLFISH HARVESTER AND DEALER TAGS

It is unlawful to possess or sell oysters, clams, or mussels in a commercial fishing operation without a harvest tag affixed to each container of oysters, clams or mussels. Tags shall be affixed by the harvester or dealer and shall meet the following criteria:

(1)           Tags shall be identified as harvest tags.  They shall be durable for at least 90 days, water resistant, and a minimum of two and five‑eighths inches by five and one‑fourth inches in size.

(2)           Tags shall be securely fastened to the outside of each container in which shellstock is transported. A harvester or dealer tag shall be securely fastened to the outside of each container at a dealer location except, bulk shipments of shellfish in one container and from the same source may have one tag with all required information attached. Harvesters who are also certified shellfish dealers may use only their dealer tag if it contains the required information.  The required information shall be included on all lots of shellfish subdivided or combined into market grades or market quantities by a harvester or a certified shellfish dealer.

(3)           Tags shall be attached to all shellfish stored at a dealer location.

(4)          Tags shall contain legible information arranged in the specific order as follows:

(a)           The harvester's name, address and shellfish license or standard or retired standard commercial fishing license with shellfish endorsement number.

(b)           The date of harvest.

(c)           The most precise description of the harvest location as is practicable (e.g., Long Bay, Rose Bay) that can be easily located by maps and charts.

(d)           Type and quantity of shellfish.

(e)           The following statement in bold, capitalized type:  "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS".

 

History Note:        Authority G.S. 113‑134; 113-168.5; 113-169.2; 113‑182; 113‑221; 143B‑289.52;

Eff. October 1, 2008.

 

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 shellfish from approved areas or shellstock dealers, as defined in 15A NCAC 18A .0301, and to ensure that shellfish have not been adulterated or mislabeled during cultivation, harvesting, processing, storage, or transport. To protect public health, the Fisheries Director may, by proclamation, impose requirements of the Model Ordinance as set forth in Paragraph (b) of this Rule on any of the following:

(1)           the cultivation, distribution, harvesting, processing, sale, storage, or transport of

(A)          oysters;

(B)          clams;

(C)          scallops; or

(D)          mussels;

(2)           areas used to store shellfish;

(3)           means and methods to take shellfish;

(4)           vessels used to take shellfish; or

(5)           shellstock conveyances as defined in 15A NCAC 18A .0301.

(b)  Proclamations issued under this Rule may impose any of the following requirements:

(1)           specify time and temperature controls;

(2)           specify sanitation requirements to prevent a food safety hazard, as defined in 15A NCAC 18A .0301, or cross-contamination or adulteration of shellfish;

(3)           specify sanitation control procedures set forth in 21 Code of Federal Regulations (CFR) Part 123.11;

(4)           specify Hazard Analysis Critical Control Point (HACCP) requirements set forth in 21 CFR Part:

(A)          123.3 Definitions;

(B)          123.6 HACCP Plan;

(C)          123.7 Corrective Actions;

(D)          123.8 Verification;

(E)           123.9 Records; and

(F)           123.28 Source Controls;

(5)           specify tagging and labeling requirements;

(6)           implement the National Shellfish Sanitation Program's training requirements for shellfish harvesters and certified shellfish dealers;

(7)           require sales records and collection and submission of information to provide a mechanism for tracing shellfish product back to the water body of origin; and

(8)           require product recall and specify recall procedures.

21 CFR 123.3, 123.6-9, 123.11, and 123.28 are hereby incorporated by reference, including subsequent amendments and editions. A copy of the reference materials can be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=f4cdd666e75f54ccda1d9938f4edd9ab&mc=true&tpl=/ecfrbrowse/Title21/21tab_02.tpl, free of charge.

(c)  Proclamations issued under this Rule shall suspend appropriate rules or portions of rules under the authority of the Marine Fisheries Commission as specified in the proclamation. The provisions of 15A NCAC 03I .0102 terminating suspension of a rule pending the next Marine Fisheries Commission meeting and requiring review by the Marine Fisheries Commission at the next meeting shall not apply to proclamations issued under this Rule.

 

History Note:        Authority G.S. 113-134; 113-182; 113-201; 113-221.1; 113-221.2; 143B-289.52;

Eff. April 1, 2014;

Amended Eff. May 1, 2017;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03K .0111      PERMITS TO USE MECHANICAL METHODS FOR SHELLFISH ON SHELLFISH LEASES OR FRANCHISES

(a)  Permits to Use Mechanical Methods for Shellfish on Shellfish Leases or Franchises shall  be  issued  in compliance with the general rules governing all permits in 15A NCAC 03O .0500. The procedures and requirements for obtaining permits are found in 15A NCAC 03O .0501.

(b)  It is unlawful to harvest shellfish by the use of mechanical methods from shellfish leases or franchises without first obtaining a Permit 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.

 

SECTION .0200 – OYSTERS

 

15A NCAC 03K .0201      Oyster HARVEST MANAGEMENT

(a)  It is 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 taking of oysters:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify season within the period set forth in Paragraph (a) of this Rule;

(5)           specify size, but the minimum size limit specified shall not be less than three inches, except the minimum size limit specified shall not be less than two and one-half inches to prevent loss of oysters due to predators, pests, or infectious oyster diseases; and

(6)           specify quantity, but the quantity shall not exceed possession of more than 20 standard U.S. bushels in a commercial fishing operation per day.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2017; October 1, 2008; March 1, 1996; September 1, 1991.

 

15A NCAC 03K .0202      CULLING REQUIREMENTS FOR Oysters

(a)  It is unlawful to possess oysters which 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, or any combination thereof that exceeds a five-percent tolerance limit by volume. In determining whether the tolerance limit is exceeded, the Fisheries Director or his agents may grade all, any portion, or any combination of portions of the entire quantity being graded and, in cases of violations, may seize and return to public bottom or otherwise dispose of the oysters as authorized by law.

(b)  All oysters shall be culled where harvested and all oysters of less than legal size, accumulated dead shell, and cultch material shall be immediately returned to the bottom from which it was taken.

(c)  This Rule shall not apply to oysters imported from out‑of‑state solely for shucking by shucking and packing plants permitted by the Division of Marine Fisheries.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; September 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2017; August 1, 2000.

 

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      DREDGES / MECHANICAL METHODS PROHIBITED

It is unlawful to use any dredge or other mechanical method to take oysters:

(1)           in the Mechanical Methods Prohibited areas designated in 15A NCAC 03R .0108, except on shellfish leases and franchises by permit; and

(2)           on any posted bottoms upon which oysters or shells have been planted by the state, unless such bottoms have been opened to the public and dredging permitted.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004; May 1, 1997.

 

15a ncac 03k .0205      MARKETING OYSTERS TAKEN FROM PRIVATE SHELLFISH BOTTOMS

(a)  It is unlawful to take, possess, buy, or sell oysters from shellfish leases or franchises during the open season unless such oysters have been culled in accordance with Rule 15A NCAC 03K .0202.

(b)  It is unlawful to sell, purchase or possess oysters during the regular closed season without the lease or franchise holder delivering to the purchaser or other recipient a certification, on a form provided by the Division, that the oysters were taken from a valid shellfish lease or franchise.  Certification forms shall be furnished by the Division to lease and franchise holders upon request.

(c)  It is unlawful for lease or franchise holders or their designees to take or possess oysters from public bottom while possessing aboard a vessel oysters taken from shellfish leases or franchises.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Temporary Amendment Eff October 1, 2001;

Amended Eff. April 1, 2003.

 

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 1, 2015.

 

15a ncac 03k .0207      OYSTER SIZE AND HARVEST LIMIT EXEMPTION

Possession and sale of oysters by a hatchery or oyster aquaculture operation and purchase and possession of oysters from a hatchery or oyster aquaculture operation shall be exempt from bag and size limit restrictions set under authority of 15A NCAC 03K .0201 and 03K .0202. It is unlawful to possess, sell, purchase, or transport such oysters unless they are in compliance with all conditions of the Aquaculture Operations Permit.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Temporary Adoption Eff. October 1, 2001;

Eff. April 1, 2003.

 

15A NCAC 03K .0208      SEED OYSTER MANAGEMENT AREAS

(a) It is unlawful to take oysters from Seed Oyster Management Areas designated in 15A NCAC 03R .0116 for planting on shellfish leases or franchises without first obtaining a Permit to Transplant Oysters from Seed Oyster Management Areas from the Fisheries Director.  The procedures and requirements for obtaining permits are set forth in 15A NCAC 03O .0501.

(b) It is unlawful to use a trawl net, long haul seine, or swipe net in any designated Seed Oyster Management Area.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-203; 113‑221; 143B‑289.52;

Eff. October 1, 2008.

 

15A NCAC 03K .0209      OYSTER SANCTUARIES

(a)  It is unlawful to use a trawl net, long haul seine, or swipe net in Oyster Sanctuaries designated in 15A NCAC 03R .0117.  These areas shall be marked with signs or buoys.  Unmarked and undesignated tributaries shall be the same designation as the designated waters to which they connect or into which they flow.  No unauthorized removal or relocation of any such marker shall have the effect of changing the designation of any such body of water or portion thereof, nor shall any such unauthorized removal or relocation or the absence of any marker affect the applicability of any rule pertaining to any such body of water or portion thereof.

(b)  It is unlawful to use mechanical methods for oystering or clamming in, or to take oysters or clams from Oyster Sanctuaries designated in 15A NCAC 03R .0117.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-201; 113-204; 143B‑289.52;

Eff. October 1, 2008.

 

SECTION .0300 ‑ HARD CLAMS (MERCENARIA)

 

15A NCAC 03K .0301      SIZE AND HARVEST LIMIT

(a)  It is unlawful to take, land, or possess aboard a vessel more than 6,250 hard clams per fishing operation from public bottom in internal waters.  It is unlawful to take, possess, sell, or purchase any clams (except Rangia or freshwater clams) less than one inch thick except in accordance with 15A NCAC 3K .0305(b).  Clams shall be culled where harvested and all clams of less than legal size with their shell, shall be immediately returned to the bottom from which taken.  Agents of the Fisheries Director are authorized and empowered to grade all, or any portion, or any combination of portions of the entire quantity of clams being graded and may seize and return to public bottom or other disposition as authorized by law of the entire quantity being graded or any portion thereof.

(b)  Size and harvest limits established in Paragraph (a) of this Rule and the season and area limitations established in 15A NCAC 3K .0302 may not apply:

(1)           For temporary openings made upon the recommendation of Division of Environmental Health,

(2)           For maintenance dredging operations, or

(3)           For relaying of polluted clams to private shellfish bottoms as permitted by 15A NCAC 3K .0104.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994.

 

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

(a)  It is unlawful to take, buy, sell, or possess any clams taken by mechanical methods as defined in 15A NCAC 03I .0101, "mechanical methods for clamming," from public bottom unless the season is open.

(b)  The Fisheries Director may, by proclamation, open and close the season for the taking of clams by mechanical methods from public bottom at any time in the Atlantic Ocean and only from December 1 through March 31 in Internal Coastal Waters.

(c)  The Fisheries Director may, by proclamation, open to the taking of clams by mechanical methods from public bottom during open seasons only areas that were opened at any time from January 1979 through September 1988 in:

(1)           Newport, North, White Oak, and New rivers;

(2)           Core and Bogue sounds;

(3)           the Intracoastal Waterway north of "BC" Marker at Topsail Beach; and

(4)           the Atlantic Ocean.

Other areas opened for purposes as set out in 15A NCAC 03K .0301(b) shall open only for those purposes. A list of areas as described in this Paragraph is available upon request at the Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557.

(d)  The Fisheries Director may, by proclamation, impose any of the following additional restrictions for the taking of clams by mechanical methods from public bottom during open seasons:

(1)           specify time;

(2)           specify means and methods;

(3)           specify size; and

(4)           specify quantity.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. May 1, 2017; April 1, 2003.

 

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;

Amended Eff. August 1, 2002;

Repealed Eff. May 1, 2015.

 

15A NCAC 03K .0304      PROHIBITED TAKING

(a)  It is unlawful to take clams by any method, other than by hand tongs, hand rakes, or by hand, except as provided in 15A NCAC 03K .0302 and .0303.  Regardless of the areas which may be opened, it is unlawful to take clams by hand tongs in any established bed of submerged aquatic vegetation as described in  15A NCAC 03I .0101 or salt water cordgrass (Spartina alterniflora).

(b)  It is unlawful to possess clam trawls or cages aboard a vessel at any time, or have kick/deflector plates normally used in the mechanical harvest of clams affixed to a vessel at any time, except during the time period specified for a mechanical clam harvest season in internal waters in accordance with 15A NCAC 03K .0302(a).  A period of 14 days before and after the season as specified by proclamation will be allowed for the installation and removal of kick/deflector plates and clam trawls or cages.  Vessels with permits for activities provided for in 15A NCAC 03K .0104, .0107, .0303(a), and .0401 shall be exempt from this Rule during the times such activities are permitted.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; February 1, 2008; May 1, 1997; July 1, 1993.

 

15A NCAC 03K .0305      CLAM SIZE AND HARVEST LIMIT EXEMPTION

Possession and sale of clams by a hatchery or clam aquaculture operation and purchase and possession of clams from a hatchery or clam aquaculture operation shall be exempt from bag and size limit restrictions in 15A NCAC 3K .0301(a).  It is unlawful to possess, sell, purchase, or transport such clams unless they are in compliance with all conditions of the Aquaculture Operation Permit.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991.

 

SECTION .0400 ‑ RANGIA CLAMS

 

15a ncac 03k .0401      PROHIBITED (POLLUTED) AREA PERMIT REQUIREMENT

It is unlawful to take Rangia clams or their shells by any method from prohibited (polluted) waters without first securing a Permit to Harvest Rangia Clams from Prohibited (Polluted) Areas from the Fisheries Director.  The permit application shall include a list of all designees operating under the permit.  Such permit shall designate the area, means and methods, and time(s) in which Rangia clams may be taken.  The permit applicant shall designate the licensed fish dealer where the Rangia clams are to be landed and the method for disposing of Rangia clam meats.  The procedures and requirements for obtaining permits are found in 15A NCAC 03O .0500.

 

History Note:        Authority G.S. 113-134; 113-201; 113-202; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004.

 

15A NCAC 03K .0402      SEASON, SIZE AND HARVEST LIMITS

Size and harvest limits applicable to hard clams in 15A NCAC 03K .0301 do not apply to Rangia clams.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004.

 

15a ncac 03k .0403      DISPOSITION OF MEATS

It is unlawful to dispose of meats from Rangia clams taken in prohibited (polluted) waters for human consumption or by a method that will create risk of human consumption. 

 

History Note:        Authority G.S. 113-134; 113-201; 113-202; 143B-298.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004.

 

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

It is 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 vegetation as defined in 15A NCAC 03I .0101 or salt water cordgrass (Spartina alterniflora) that may exist together or separately;

(3)           in areas designated in 15A NCAC 03R .0108, except on shellfish leases and franchises with a Permit to Use Mechanical Methods for Oysters and Clams on Shellfish Leases and Franchises.

(4)           in areas designated in 15A NCAC 03K .0204(3) and 03R .0103; and

(5)           except in areas and at times specified by proclamation as authorized by 15A NCAC 03K .0201 and 03K .0302.

 

History Note:        Authority G.S. 113-134; 113-201; 143B-289.52;

Eff. August 1, 2004.

 

15a ncac 03k .0405      OYSTERS, MUSSELS, HARD CLAMS PROHIBITED

While taking Rangia clams or their shells from a prohibited (polluted) area it is unlawful to possess any other shellfish.

 

History Note:        Authority G.S. 113-134; 113-201; 143B-289.52;

Eff. August 1, 2004.

 

section .0500 - scallops

 

15A NCAC 03K .0501      BAY SCALLOP HARVEST MANAGEMENT

The Fisheries Director may, by proclamation, impose any of the following restrictions for commercial or recreational bay scallop harvest from public bottom:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify open seasons for the taking of bay scallops during the period beginning the last Monday in January and ending the last Friday in May;

(5)           specify size; and

(6)           specify quantity, but shall not exceed possession of more than 15 standard U.S. bushels per person per day or a total of 30 standard U.S. bushels in any combined commercial fishing operation per day.

 

History Note:        Authority G.S. 113-134; 113-182; 113-201; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015; February 1, 2008.

 

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

(a)  It is unlawful to take bay scallops between sunset and sunrise, or on Saturdays or Sundays, except as provided in 15A NCAC 03K .0105.

(b)  Bay scallops taken on Saturdays or Sundays from shellfish leases or franchises in accordance with G.S. 113-208 are exempt from this Rule.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2015; August 1, 2000.

 

15A NCAC 03K .0503      PROHIBITED BAY SCALLOP DREDGE

It is unlawful to take bay scallops with dredges weighing more than 50 pounds or equipped with teeth.  Any other instrument or device designed to drag the bottom to aid in the taking of bay scallops is also prohibited.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03K .0504      CALICO SCALLOP SEASON

It is unlawful to land or possess aboard a vessel calico scallops except at such times as designated by the Fisheries Director by proclamation.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03K .0505      SEA SCALLOPS SIZE LIMIT AND TOLERANCE

It is unlawful to land or possess sea scallops with a shell height (length) of less than three and one‑half inches.  A tolerance of not more than ten percent by number for undersized sea scallop shell height shall be allowed.  In determining whether the proportion of undersized sea scallops exceeds the ten percent tolerance limit, the Fisheries Director and his agents are authorized and empowered to grade all, or any portion, or any combination of portions of the entire quantity being graded, and in cases of violations, may require seizure or other disposition as authorized by law.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991.

 

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 SHELLFISH LEASES OR FRANCHISES

(a)  It is unlawful to sell, purchase, or possess scallops during the closed season without the lease or franchise holder delivering to the purchaser or other recipient a certification, on a form provided by the Division, that the scallops were taken from a valid shellfish lease or franchise. Certification forms shall be furnished by the Division to lease and franchise holders upon request.

(b)  It is unlawful for lease or franchise holders or their designees to take or possess scallops from public bottom while possessing aboard a vessel scallops taken from shellfish leases or franchises.

 

History Note:        Authority G.S. 113-134; 113-182; 113-201; 143B-289.52;

Eff. May 1, 2015.

 

15A NCAC 03K .0508      SCALLOP SEASON AND HARVEST LIMIT 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 shall be exempt from restrictions set forth in 15A NCAC 03K .0501, .0504, and .0505.

(2)           Purchase and possession of scallops from a scallop aquaculture operation shall be exempt from restrictions set forth in 15A NCAC 03K .0501, .0504, and .0505.

(3)           It is unlawful for a person to possess, sell, purchase, or transport scallops described in Sub-Items (1) and (2) of this Rule unless in compliance with all conditions of the Aquaculture Operation Permit, as set forth in 15A NCAC 03O .0501 and .0503.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. May 1, 2015.

 

 

 

subchapter 03l – shrimps, crab, and lobster

 

section .0100 - shrimp

 

15A NCAC 03L .0101      SHRIMP HARVEST RESTRICTIONS

(a)  It is unlawful to take shrimp until the Fisheries Director, by proclamation, opens the season.

(b)  The Fisheries Director may, by proclamation, impose any or all of the following restrictions on the taking of shrimp:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify season;

(5)           specify size; and

(6)           specify quantity.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015.

 

15A NCAC 03L .0102      WEEKEND SHRIMPING PROHIBITED

It is 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 and channel nets, hand seines, shrimp pots, or cast nets; or

(3)           for a holder of a Permit for Weekend Trawling for Live Shrimp in accordance with 15A NCAC 03O .0503.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2017; August 1, 2004; March 1, 1994.

 

15A NCAC 03L .0103      PROHIBITED NETS, MESH LENGTHS AND AREAS

(a)  It is unlawful to take shrimp with nets with mesh lengths less than the following:

(1)           Trawl net ‑ one and one‑half inches;

(2)           Fixed nets, channel nets, float nets, butterfly nets, and hand seines ‑ one and one‑fourth inches; and

(3)           Cast net ‑ no restriction.

(b)  It is unlawful to take shrimp with a net constructed in such a manner as to contain an inner or outer liner of any mesh length.  Net material used as chafing gear shall be no less than four inches mesh length, except that chafing gear with smaller mesh may be used only on the bottom one‑half of the tailbag.  Such chafing gear shall not be tied in a manner that forms an additional tailbag.

(c)  It is unlawful to take shrimp with trawls that have a combined headrope of greater than 90 feet in Internal Coastal Waters in the following areas:

(1)           North of the 35° 46.3000' N latitude line;

(2)           Core Sound south  of a line beginning at a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; to the South Carolina State Line;

(3)           Pamlico River upstream of a line from a point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and

(4)           Neuse River southwest of a line from a point 34° 58.2000' N - 76° 40.5167' W  at Winthrop Point on the eastern shore of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N - 76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.

(d)  Effective January 1, 2017 it is unlawful to take shrimp with trawls that have a combined headrope of greater than 220 feet in Internal Coastal Waters in the following areas:

(1)           Pamlico Sound south of the 35° 46.3000' N latitude line and north of a line beginning at a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks;

(2)           Pamlico River downstream of a line from a point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and

(3)           Neuse River northeast of a line from a point 34° 58.2000' N - 76° 40.5167' W  at Winthrop Point on the eastern shore of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N - 76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.

(e)  It is unlawful to use a shrimp trawl in the areas described in 15A NCAC 03R .0114.

(f)  It is unlawful to use channel nets except as provided in 15A NCAC 03J .0106.

(g)  It is unlawful to use shrimp pots except as provided in 15A NCAC 03J .0301.

(h)  It is unlawful to use a shrimp trawl that does not conform with the federal rule requirements for Turtle Excluder Devices (TED) as specified in 50 CFR Part 222.102 Definitions, 50 CFR Part 223.205 (a) and Part 223.206 (d) Gear Requirements for Trawlers, and 50 CFR Part 223.207 Approved TEDs.  These federal rules are incorporated by reference including subsequent amendments and editions.  Copies of these rules are available via the Code of Federal Regulations posted on the Internet at http://www.gpoaccess.gov/cfr/index.html and at the Division of Marine Fisheries, P.O. Box 769, Morehead City, North Carolina 28557 at no cost.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015; April 1, 2009; July 1, 2006.

 

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 is 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 except as provided in 15A NCAC 03O .0303(e) and (f).

(2)           Take or possess more than four quarts, heads on or two and one-half quarts, heads off, of shrimp per person per day with a cast net from areas closed to the taking of shrimp.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. April 1, 2009;

Amended Eff. May 1, 2015; June 1, 2013.

 

SECTION .0200 – CRABS

 

15A NCAC 03L .0201      CRAB HARVEST RESTRICTIONS

(a)  It is unlawful to possess more than 10 percent by number in any container, male and immature female hard blue crabs less than five inches from tip of spike to tip of spike and to fail to return hard blue crabs not meeting this restriction to the waters from which taken, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.  All blue crabs not sorted into containers as specified in Paragraph (b) of this Rule shall be deemed hard blue crabs for the purpose of establishing the 10 percent culling tolerance.

(b)  It is unlawful to possess blue crabs less than five inches from tip of spike to tip of spike unless individual crabs are sorted to and placed in separate containers for each of the following categories:

(1)           soft crabs;

(2)           pink and red-line peeler crabs;

(3)           white-line peeler crabs; and

(4)           from March 1 through October 31, male crabs to be used as peeler crab bait.

The Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(c)  It is unlawful to possess more than five percent by number of white-line peelers in a container of pink and red-line peelers, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(d)  It is unlawful to:

(1)           sell white-line peelers;

(2)           possess white-line peelers unless they are to be used in the harvester's permitted blue crab shedding operation; and

(3)           possess male white-line peelers from June 1 through September 1.

The Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(e)  It is unlawful to possess more than 50 blue crabs per person per day, not to exceed 100 blue crabs per vessel per day for recreational purposes, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(f)  In order to comply with management measures adopted in the N.C. Blue Crab Fishery Management Plan, the Fisheries Director may, by proclamation, close the harvest of blue crabs and take the following actions for commercial and recreational blue crab harvest:

(1)           specify areas;

(2)           specify seasons;

(3)           specify time periods;

(4)           specify means and methods;

(5)           specify culling tolerance; and

(6)           specify limits on harvest based on size, quantity, sex, reproductive stage, or peeler stage.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 1997; July 1, 1993;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. April 1, 2014; September 1, 2005; August 1, 2000.

 

15A NCAC 03L .0202      CRAB TRAWLING

(a)  It is 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 is unlawful to use a trawl to take crabs that does not meet mesh length requirements, except as provided in 15A NCAC 03J .0104.  The minimum mesh length to take hard crabs with a trawl is three inches, except:

(1)           The minimum mesh length is four inches in the area of western Pamlico Sound west of a line beginning at a point 35° 48.3693' N - 75° 43.7232' W on Roanoke Marshes Point; running easterly to a point 35° 48.3000' N - 75° 37.1167' W near Beacon "1" at the southern end of Roanoke Island; running southerly to a point 35° 30.7500' N - 75° 40.5667' W near the "S" Beacon at Long Shoal; running southwesterly to a point 35° 12.6167' N - 76° 04.3833' W near the "BL" Beacon on Bluff Shoal; running westerly to a point 35° 08.1000' N - 76° 17.5000' W near the "BI" Beacon at Brant Island Shoal; running southwesterly to a point 35° 04 .6167' N - 76° 27.8000' W on Point of Marsh; and

(2)           The Fisheries Director may, by proclamation, specify areas other than the area described in Subparagraph (b)(1) of this Rule for trawl mesh length use and increase the minimum trawl mesh length to no more than four inches to take hard crabs.

(c)  It is unlawful to use a trawl with a mesh length less than two inches or with a combined total headrope length exceeding 25 feet to take soft or peeler crabs, except as provided in 15A NCAC 03J .0104.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. February 1, 1991;

Amended Eff. April 1, 2014; September 1, 2005; August 1, 2004; March 1, 1994; September 1, 1991.

 

15A NCAC 03L .0203      CRAB DREDGING

(a)  It is unlawful to take crabs with dredges except:

(1)           from January 1 through March 1 in the area of Pamlico Sound described in 15A NCAC 03R .0109; and

(2)           incidental to lawful oyster dredging operations in areas not subject to the exception in Subparagraph (a)(1) of this Rule provided the weight of the crabs shall not exceed:

(A)          50 percent of the total weight of the combined oyster and crab catch; or

(B)          500 pounds, whichever is less.

The Fisheries Director may, by proclamation authority established in 15A NCAC 03L .0201, further restrict the use of dredges to take blue crabs.

(b)  It is unlawful to take crabs with dredges between sunset and sunrise and between sunset on any Saturday and sunrise on the following Monday, except in the Atlantic Ocean.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2014; May 1, 1997.

 

15A NCAC 03L .0204      CRAB POTS

(a)  It is 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 Fisheries Director may, by proclamation, require the use of terrapin excluder devices in each funnel entrance in crab pots and impose the following restrictions concerning terrapin excluder devices:

(1)           specify areas;

(2)           specify time periods; and

(3)           specify means and methods.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2014.

 

15A NCAC 03L .0205      CRAB SPAWNING SANCTUARIES

(a)  It is unlawful to set or use trawls, pots, and mechanical methods for oysters or clams or take crabs with the use of commercial fishing equipment from the crab spawning sanctuaries described in 15A NCAC 03R .0110 from March 1 through August 31.

(b)  The Fisheries Director may, by proclamation, designate additional areas as crab spawning sanctuaries and may impose the following restrictions in any crab spawning sanctuary:

(1)           specify areas;

(2)           specify time periods;

(3)           specify means and methods; and

(4)           specify limits on harvest based on size, quantity, sex, reproductive stage, or peeler stage.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 1997;

Temporary Amendment Eff. October 2, 1999;

Amended Eff. April 1, 2014; April 1, 2001.

 

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 may, by proclamation, impose any or all of the following restrictions on the taking of horseshoe crabs to maintain compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab:

(1)           Specify season;

(2)           Specify areas;

(3)           Specify quantity;

(4)           Specify means and methods; and

(5)           Specify size.

(c)  Horseshoe crabs taken for biomedical use under a Horseshoe Crab Biomedical Use Permit are subject to this Rule.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221.1; 143B‑289.52;

Temporary Adoption Eff. August 1, 2000;

Codifier determined that findings did not meet criteria for temporary rule on October 31, 2000;

Temporary Adoption Eff. December 6, 2000;

Eff. August 1, 2002;

Amended Eff. April 1, 2011.

 

15A NCAC 03L .0208      STONE CRABS (Menippe mercenaria)

It is unlawful to:

(1)           Possess stone crab bodies, or fail to immediately return stone crab bodies to the waters from which taken;

(2)           Remove, take or possess any claw(s) from June 15 through August 15;

(3)           Remove, take or possess any claw(s) from egg-bearing stone crabs;

(4)           Use any device to take stone crabs that can puncture, crush, or injure the crab body, such as gigs, spears, grabs, hooks, or similar devices; and

(5)           Remove, take or possess stone crab claw(s) which have a propodus (forearm) less than two and three quarter inches in length, measured by a straight line from the elbow to the tip of the lower immovable finger.  The propodus (forearm) is defined as the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body of the crab.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. December 1, 2006.

 

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.

 

SECTION .0300 – LOBSTER

 

15A NCAC 03L .0301      AMERICAN LOBSTER (NORTHERN LOBSTER)

(a)  It is unlawful to possess American lobster:

(1)           with a carapace less than 3 3/8 inches or greater than 5 1/4 inches;

(2)           which has eggs or from which eggs have been artificially removed by any method;

(3)           meats, detached meats, detached tails or claws or any other part of a lobster that has been separated from the lobster;

(4)           which has an outer shell which has been speared;

(5)           that is a V-notched female lobster.  A V-notched female lobster is any female lobster that bears a notch or indention in the base of the flipper that is at least as deep as 1/8 inch, with or without setal hairs.  A V-notched female lobster is also any female lobster which is mutilated in a manner which would hide, obscure or obliterate such a mark; or

(6)           in quantities greater than 100 per day or 500 per trip for trips five days or longer taken by gear or methods other than traps.

(b)  American lobster traps not constructed entirely of wood (excluding heading or parlor twine and the escape vent) must contain a ghost panel that meets the following specifications:

(1)           the opening to be covered by the ghost panel shall be not less than 3 3/4 inches (9.53 cm) by 3 3/4 inches (9.53 cm);

(2)           the panel must be constructed of, or fastened to the trap with, one of the following untreated materials: wood lath, cotton, hemp, sisal or jute twine not greater than 3/16 inch (0.48 cm) in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch (0.24 cm) in diameter;

(3)           the door of the trap may serve as the ghost panel, if fastened with a material specified in this Section;

(4)           the ghost panel must be located in the outer parlor(s) of the trap and not the bottom of the trap; and

(5)           contains at least one rectangular escape vent per trap, 2 inches by 5 3/4 inches minimum size, or two circular escape vents per trap, with a minimum inside diameter of 2 5/8 inches.

 

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. August 1, 2000;

Amended Eff. April 1, 2009; September 1, 2005; April 1, 2001.

 

15A NCAC 03L .0302      SPINY LOBSTER

It is unlawful to:

(1)        Possess a egg bearing spiny lobster or a spiny lobster from which eggs have been stripped, scrubbed or removed;

(2)        Possess spiny lobster with a carapace length less than 3 inches;

(3)        Possess aboard a vessel or land more than two spiny lobsters per person;

(4)        Possess aboard a vessel or land detached spiny lobster tails; or

(5)        Take spiny lobsters with a gaff hook, spear or similar device.  Possession of a speared, pierced, or punctured spiny lobster is prima facie evidence that prohibited gear was used.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996.

 

 

 

subchapter 03m - finfish

 

section .0100 – finfish, general

 

15A NCAC 03M .0101     MUTILATED FINFISH

It is 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, except:

(1)           mullet when used for bait;

(2)           hickory shad when used for bait provided that not more than two hickory shad per vessel or fishing operation may be cut for bait at any one time; and

(3)           tuna possessed in a commercial fishing operation as provided in 15A NCAC 03M .0520.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. January 1, 1991;

Temporary Amendment Eff. May 1, 2001;

Amended Eff. May 1, 2015; April 1, 2011; July 1, 2006; August 1, 2002.

 

15A NCAC 03M .0102     UNMARKETABLE FINFISH

(a)  It is unlawful to land finfish if in violation of minimum size or possession limits established by rule or proclamation.

(b)  It is unlawful to land finfish taken in connection with commercial fishing operations which 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 a dealer that is licensed under G.S. 113-169.3(f)(6), (7) and (8).

(c)  Menhaden, Atlantic thread herring, gizzard shad, and pinfish are exempt from this Rule.

 

History Note:        Authority G.S. 113‑134; 113‑185; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008.

 

15A NCAC 03M .0103     MINIMUM SIZE LIMITS

It is unlawful to possess, sell, or purchase finfish under four inches in length except:

(1)           bait in the crab pot fishery in North Carolina with the following provision:  such crab pot bait shall not be transported west of U.S. Interstate 95 and when transported, shall be accompanied by documentation showing the name and address of the shipper, the name and address of the consignee, and the total weight of the shipment;

(2)           bait in the finfish fishery with the following provisions:

(a)           It is unlawful to possess more than 200 pounds of live finfish or 100 pounds of dead finfish; and

(b)           Such finfish bait may not be transported outside the State of North Carolina;

(3)           live finfish in aquaria, provided the finfish are not subject to other minimum size limits under the authority of Marine Fisheries Commission Rule; and

(4)           menhaden, herring, gizzard shad, and pinfish.

Bait dealers who possess a valid finfish dealer license from the Division of Marine Fisheries are exempt from Sub-Items (2)(a) and (b) of this Rule.  Tolerance of not more than five percent by number of species shall be allowed.

 

History Note:        Authority G.S. 113-134; 113-185; 143B-289.52;

Eff. July 1, 1993;

Amended Eff. April 1, 2014.

 

SECTION .0200 ‑ STRIPED BASS

 

15A NCAC 03M .0201     GENERAL

(a)  Striped bass is defined as striped bass (Morone saxatilis) and its hybrids taken in coastal and joint fishing waters.

(b)  It is unlawful to possess striped bass imported from other states less than 18 inches long (total length).

(c)  It is unlawful to import, buy, sell, transport, offer to buy or sell, or possess striped bass except during any:

(1)           open striped bass season established for internal coastal waters;

(2)           open striped bass season established for the Atlantic Ocean; or

(3)           open striped bass season of another state without possession of the following:

(A)          A bill of lading as described in 15A NCAC 03I .0114; and

(B)          A numbered, state-issued tag from the State of origin affixed through the mouth and gill cover.  This tag must remain affixed until processed for consumption by the consumer.

(d)  The management areas for estuarine striped bass fisheries in coastal North Carolina are designated in 15A NCAC 03R .0201.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; September 1, 1991;

Temporary Amendment Eff. May 1, 2000;

Amended Eff. June 1, 2013; October 1, 2008; October 1, 2004; April 1, 2001.

 

15A NCAC 03M .0202     SEASON, SIZE AND HARVEST LIMIT: INTERNAL COASTAL WATERS

(a)  It is unlawful to possess striped bass from the coastal fishing waters of the Cape Fear River and its tributaries.

(b)  It is unlawful to possess striped bass from the Roanoke River Management Area in a commercial fishing operation.

(c)  The Fisheries Director may, by proclamation impose any or all the following restrictions on the taking of striped bass in a commercial fishing operation or for recreational purposes in internal coastal waters during the period from October 1 through April 30:

(1)           Specify fishing days and times;

(2)           Specify areas;

(3)           Specify quantity, except possession for recreational purposes shall not exceed:

(A)          more than three fish in any one day in the Albemarle Sound Management Area as designated in Rule 15A NCAC 03R .0201; and

(B)          more than two fish in any one day in the joint and coastal fishing waters of the Central Southern Management Area as designated in Rule 15A NCAC 03R .0201;

(4)           Specify means and methods; and

(5)           Specify size, but the minimum size specified shall not be less than 18 inches total length.

Fish that do not meet the minimum size limit specified by proclamation shall immediately be returned to the waters from which taken regardless of condition.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; November 1, 1991;

Temporary Amendment Eff. September 1, 1996;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. June 1, 2013; July 1, 2008; August 1, 2000.

 

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     SEASON, SIZE AND HARVEST LIMIT:  ATLANTIC OCEAN

It is unlawful to possess striped bass taken from the Atlantic Ocean less than the size limit as determined by the Atlantic States Marine Fisheries Commission in their Interstate Fisheries Management Plan for striped bass. The Fisheries Director shall issue proclamations necessary to bring North Carolina's size limit in compliance with the Interstate Fisheries Management Plan.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996;

Temporary Amendment Eff. October 1, 1996;

Amended Eff. October 1, 2008; July 1, 1998.

 

15A NCAC 03M .0205     PROHIBITED TRAWLING

(a)  It is unlawful to possess striped bass on a vessel with a trawl net on that vessel in internal coastal waters except during transit from ocean fishing grounds to port during any open striped bass trawl season in the Atlantic Ocean established by proclamation.  Striped bass so possessed must meet the minimum size limit set by proclamation.

(b)  It is unlawful to possess striped bass on a vessel in the Atlantic Ocean with a trawl net on that vessel except during any open striped bass trawl season in the Atlantic Ocean established by proclamation.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. December 1, 2007.

 

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

(a)  Spanish Mackerel:

(1)           It is unlawful to possess Spanish mackerel less than 12 inches fork length.

(2)           It is unlawful to possess more than 15 Spanish mackerel per person per day taken for recreational purposes.

(3)           It is unlawful to possess more than 15 Spanish mackerel per person per day in the Atlantic Ocean beyond three miles in a commercial fishing operation except for persons holding a valid National Marine Fisheries Service Spanish Mackerel Commercial Vessel Permit.

(b)  King mackerel:

(1)           It is unlawful to possess king mackerel less than 24 inches fork length.

(2)           It is unlawful to possess more than three king mackerel per person per day taken for recreational purposes.

(3)           It is unlawful to possess more than three king mackerel per person per day in the Atlantic Ocean:

(A)          by hook and line except for persons holding a valid National Marine Fisheries Service King Mackerel Commercial Vessel Permit; or

(B)          between three miles and 200 miles from the State's mean low water mark in a commercial fishing operation except for persons holding a valid National Marine Fisheries Service King Mackerel Commercial Vessel Permit.

(4)           It is unlawful to use gill nets in the Atlantic Ocean to take more than three king mackerel per person per day south of 34° 37.3000' N (Cape Lookout).

(c)  Charter vessels or head boats that hold a valid National Marine Fisheries Service Coastal Migratory Pelagic (Charter Boat and Head Boat) permit must comply with the Spanish mackerel and king mackerel possession limits established in Subparagraphs (a)(2) and (b)(2) of this Rule when fishing with more than three persons (including the captain and mate) on board.

(d)  It is unlawful to possess aboard or land from a vessel, or combination of vessels that form a single operation, more than 3,500 pounds of Spanish or king mackerel, in the aggregate, in any one day.

 

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. October 1, 2008; August 1, 2002; April 1, 2001.

 

15A NCAC 03M .0302     PURSE GILL NET PROHIBITED

It is 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.

 

SECTION .0400 ‑ MENHADEN AND ATLANTIC THREAD HERRING

 

15A NCAC 03M .0401     SEASON AND AREAS

15A NCAC 03M .0402     FOODFISH PROHIBITED

15A NCAC 03M .0403     FISHING ON WEEKENDS AND HOLIDAYS PROHIBITED

15A NCAC 03M .0404     FISH SPILL REPORTING MANDATORY

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 1997;

Repealed Eff. October 1, 2008.

 

section .0500 – other finfish

 

15A NCAC 03M .0501     RED DRUM

(a)  It is 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 is unlawful to take or possess red drum taken by any boat hook, gaff, spear, gig, or similar device.

(c)  It is unlawful to possess red drum less than 18 inches total length or greater than 27 inches total length.

(d)  It is unlawful to possess more than one red drum per person per day taken by hook-and-line or for recreational purposes.

(e)  The annual commercial harvest limit (September 1 through August 31) for red drum is 250,000 pounds.  The annual commercial harvest limit is allotted in two periods:  September 1 through April 30 at 150,000 pounds, and May 1 through August 31 at 100,000 pounds plus any remainder from the first period allotment.  Any annual commercial harvest limit that is exceeded one year will result in the poundage overage being deducted from the subsequent year's commercial harvest limit and the Fisheries Director shall adjust the period allotments accordingly.  If the harvest limit is projected to be taken in any period, the Fisheries Director shall, by proclamation, prohibit possession of red drum taken in a commercial fishing operation for the remainder of that period.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; October 1, 1992; September 1, 1991;

Temporary Amendment Eff. May 1, 2000; July 1, 1999; October 22, 1998;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. May 1, 2001;

Amended Eff. April 1, 2009; October 1, 2008; August 1, 2002.

 

15A NCAC 03M .0502     MULLET

(a)  The Fisheries Director may, by proclamation, impose any or all of the following restrictions on the taking of mullet:

(1)           Specify season,

(2)           Specify areas,

(3)           Specify quantity,

(4)           Specify means/methods,

(5)           Specify size.

(b)  It is unlawful to possess more than 200 mullet per person per day for recreational purposes.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 113‑221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 2006.

 

15A NCAC 03M .0503     FLOUNDER

(a)  It is 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 miles of the ocean beach from the North Carolina/Virginia state line (36° 33.000'N) to Cape Lookout (34° 36.000'N) unless each trawl has a mesh length of 5 1/2 inches or larger diamond mesh (stretched) or 6 inches or larger square mesh (stretched) applied throughout the body, extension(s) and the cod end (tailbag) of the net except as provided in Paragraphs (g) and (h) of this Rule.

(c)  License to Land Flounder from the Atlantic Ocean:

(1)           It is unlawful to land more than 100 pounds per trip of flounder taken from the Atlantic Ocean unless the owner of the vessel or in the case of Land or Sell Licenses, the responsible party, has been issued a License to Land Flounder from the Atlantic Ocean and the vessel in use is the vessel specified on the License to Land Flounder from the Atlantic Ocean.

(2)           It is unlawful for a fish dealer to purchase or offload more than 100 pounds of flounder taken from the Atlantic Ocean by a vessel whose owner, or in the case of Land or Sell Licenses, the responsible party, has not first procured a valid North Carolina License to Land Flounder from the Atlantic Ocean and the vessel in use is the vessel specified on the License to Land Flounder from the Atlantic Ocean.

(3)           It is unlawful for any person to land flounder from the Atlantic Ocean under a License to Land Flounder from the Atlantic Ocean unless that person is the holder of the license or the master designated on the license.

(4)           It is unlawful for any individual to land flounder from the Atlantic Ocean without having ready at hand for inspection a valid License to Land Flounder from the Atlantic Ocean, except as specified in Subparagraph (c)(1) of this Rule.

(d)  All fish dealer transactions in flounder landed from the Atlantic Ocean must be conducted in accordance with the Atlantic Ocean Flounder Dealer Permits in 15A NCAC 03O .0503 and related rules in 15A NCAC 03O .0500.

(e)  It is unlawful to transfer flounder taken from the Atlantic Ocean from one vessel to another.

(f)  Tailbag liners of any mesh size, the multiple use of two or more cod ends, or other netting material that in any way could restrict the legal size mesh shall not be used or possessed on the deck of a vessel in the Atlantic Ocean from October 1 through April 30 from the North Carolina/Virginia state line (36° 33.000' N) to Cape Lookout (34° 36.0000'N).

(g)  Trawls with a cod end mesh size smaller than described in Paragraph (b) of this Rule may be used or possessed on the deck of a vessel provided not more than 100 pounds of flounder per trip from May 1 through October 31 or more than 200 pounds from November 1 through April 30 is possessed aboard or landed from that vessel.

(h)  Flynets are exempt from the flounder trawl mesh requirements if they meet the following definition:

(1)           The net has large mesh in the wings that measure 8 inches to 64 inches;

(2)           The first body section (belly) of the net has 35 or more meshes that are at least 8 inches; and

(3)           The mesh decreases in size throughout the body of the net to as small as 2 inches or smaller towards the terminus of the net.

(i)  Commercial Season.

(1)           The North Carolina season for landing ocean-caught flounder shall open January 1 each year.  If 80 percent of the quota allocated to North Carolina in accordance with the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is projected to be taken, the Fisheries Director shall, by proclamation, close North Carolina ports to landing of flounder taken from the ocean.

(2)           The season for landing flounder taken in the Atlantic Ocean shall reopen November 1 if any of the quota allocated to North Carolina in accordance with the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder remains.  If after reopening, 100 percent of the quota allocated to North Carolina in accordance with the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is projected to be taken prior to the end of the calendar year, the Fisheries Director shall, by proclamation, close North Carolina ports to landing of flounder taken from the ocean.

(3)           During any closed season prior to November 1, vessels may land up to 100 pounds of flounder per trip taken from the Atlantic Ocean.

(j)  The Fisheries Director may, by proclamation, establish trip limits for the taking of flounder from the Atlantic Ocean to assure that the individual state quota allocated to North Carolina in the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Fishery Management Plan for Summer Flounder is not exceeded. 

(k)  The Fisheries Director may, by proclamation, based on variability in environmental and local stock conditions, take any or all of the following actions in the flounder fishery:

(1)           Specify size;

(2)           Specify season;

(3)           Specify area;

(4)           Specify quantity;

(5)           Specify means/methods; and

(6)           Require submission of statistical and biological data.

(l)  Possession and sale of flounder by a hatchery or flounder aquaculture operation and purchase and possession of flounder from a hatchery or flounder aquaculture operation shall be exempt from season and size limit restrictions set under Paragraph (k) of this Rule.  It is unlawful to possess, sell, purchase, or transport such flounder unless they are in compliance with all conditions of the Aquaculture Operations Permit. 

 

History Note:        Authority G.S. 113‑134; 113-169.5; 113‑182; 113‑221; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; February 1, 1992;

Temporary Amendment Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Temporary Amendment Eff. December 23, 1996;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. June 1, 1998; August 18, 1997;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. May 1, 2000; July 1, 1999;

Amended Eff. April 1, 2001; August 1, 2000;

Temporary Amendment Eff. September 1, 2004;

Temporary Amendment Expired June 12, 2005;

Amended Eff. September 1, 2005.

 

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. April 1, 1997;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. October 1, 2008; August 1, 2000;

Repealed Eff. April 1, 2012.

 

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 is 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 species of the snapper‑grouper complex listed in the South Atlantic Fishery Management Council Fishery Management Plan for the Snapper‑Grouper Fishery of the South Atlantic Region are hereby incorporated by reference and copies are available via the Federal Register posted on the Internet at www.safmc.net and at the Division of Marine Fisheries, P.O. Box 769, Morehead City, North Carolina 28557 at no cost.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 1997; March 1, 1996; September 1, 1991;

Temporary Amendment Eff. December 23, 1996;

Amended Eff. August 1, 1998; April 1, 1997;

Temporary Amendment Eff. January 1, 2002; August 29, 2000; January 1, 2000; May 24, 1999;

Amended Eff. October 1, 2008; May 1, 2004; July 1, 2003; April 1, 2003; August 1, 2002.

 

15A NCAC 03M .0507     BILLFISH

(a)  Marlin: Taken for recreational purposes or by hook and line:

(1)           It is unlawful to possess blue marlin less than 99 inches in length from the lower jaw to the fork in the tail.

(2)           It is unlawful to possess white marlin less than 66 inches in length from the lower jaw to the fork in the tail.

(3)           It is unlawful to possess more than one blue or white marlin in the aggregate per vessel per trip.

(4)           It is unlawful to sell or offer for sale blue or white marlin.

(b)  Sailfish: Taken for recreational purposes or by hook and line:

(1)           It is unlawful to possess sailfish less than 63 inches in length from the lower jaw to the fork in the tail.

(2)           It is unlawful to possess more than one sailfish per person per day.

(3)           It is unlawful to sell or offer for sale sailfish.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; March 1, 1994; February 1, 1992; September 1, 1991;

Temporary Amendment Eff. June 7, 1998; September 1, 1996;

Amended Eff. July 1, 1998;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.

 

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 interest Eff. January 9, 2018.

 

15A NCAC 03M .0509     TARPON

(a)  It is unlawful to sell or offer for sale tarpon.

(b)  It is unlawful to possess more than one tarpon per person taken in any one day.

(c)  It is unlawful to take tarpon by any method other than hook-and-line.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.4;

Eff. October 1, 1992.

 

15A NCAC 03M .0510     AMERICAN EEL

It is unlawful to:

(1)           Possess, sell or take American eels less than nine inches in length;

(2)           Possess more than 25 American eels per person per day for recreational purposes, except the master and each mate of for-hire vessels that hold a valid for-hire license may possess 50 eels each per day; and

(3)           Possess American eels from September 1 through December 31 except when taken by baited pots.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. July 1, 1993;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. May 1, 2015; April 1, 2001.

 

15A NCAC 03M .0511     BLUEFISH

It is unlawful to possess more than 15 bluefish per person per day for recreational purposes.  Of these 15 bluefish, it is unlawful to possess more than five bluefish that are greater than 24 inches total length.

 

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, 2008; April 1, 2003; August 1, 2000.

 

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 measures, the Fisheries Director may, by proclamation, take any or all of the following actions for species listed in the Interjurisdictional Fisheries Management Plan:

(1)           Specify size;

(2)           Specify seasons;

(3)           Specify areas;

(4)           Specify quantity;

(5)           Specify means and methods; and

(6)           Require submission of statistical and biological data.

(b)  Proclamations issued under this Rule shall be subject to approval, cancellation, or modification by the Marine Fisheries Commission at its next regularly scheduled meeting or an emergency meeting held pursuant to G.S. 113-221.1.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 113-221.1; 143B‑289.52;

Eff. March 1, 1996;

Amended Eff. October 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03M .0513     RIVER HERRING

It is 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 total length aboard a vessel or while engaged in fishing.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221; 143B-289.52;

Eff. March 1, 1995;

Amended Eff. August 1, 1998;

Temporary Amendment Eff. May 1, 2000; August 1, 1999; July 1, 1999; March 1, 1999;

Amended Eff. June 13, 2016; October 1, 2008; December 1, 2007; April 1, 2001;

 

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 is unlawful to possess more than 10 dolphin per person per day taken by hook and line for recreational purposes.

(b)  It is unlawful to possess more than 60 dolphin per day per vessel regardless of the number of people on board, except headboat vessels with a valid U.S. Coast Guard Certificate of Inspection may possess 10 dolphin per paying customer.

(c)  It is unlawful to take or possess more than 10 dolphin per person per day, or sell dolphin without a valid Federal Commercial Dolphin/Wahoo vessel permit and either a Standard Commercial Fishing License, a Retired Standard Commercial Fishing License, or a Land or Sell License.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Temporary Adoption Eff. January 1, 2000;

Eff. April 1, 2001;

Amended Eff. September 1, 2005.

 

15A NCAC 03M .0516     COBIA

(a)  It is unlawful to possess cobia less than 33 inches fork length.

(b)  It is unlawful to possess more than two cobia per person per day.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000.

 

15A NCAC 03M .0517     WAHOO

(a)  It is unlawful to possess more than two wahoo per person per day taken by hook and line for recreational purposes.

(b)  It is unlawful to take or possess more than two wahoo per person per day, or sell wahoo without a Federal Commercial Dolphin/Wahoo permit and either a Standard Commercial Fishing License, Retired Standard Commercial Fishing License, or a Land or Sell License.

(c)  It is unlawful to possess aboard or land more than 500 pounds of wahoo per trip in a commercial fishing operation.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. September 1, 2005.

 

15A NCAC 03M .0518     KINGFISH (SEA MULLET)

The Fisheries Director may, by proclamation, impose any or all of the following restrictions on the taking of kingfishes:

(1)           Specify season,

(2)           Specify areas,

(3)           Specify quantity,

(4)           Specify means and methods,

(5)           Specify size.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221; 143B-289.4;

Eff. October 1, 2008.

 

15A NCAC 03M .0519     SHAD

(a)  It is unlawful to take American shad and hickory shad by any method except hook-and-line from April 15 through December 31.

(b)  It is unlawful to possess more than 10 American shad or hickory shad, in the aggregate, per person per day taken by hook-and-line or for recreational purposes.

(c)  It is 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.

 

15A NCAC 03M .0520     TUNA

(a)  It is unlawful to possess in a commercial fishing operation:

(1)           Yellowfin tuna less than 27 inches curved fork length or 27 inches from the fork of the tail to the forward edge of the cut of beheaded tuna.

(2)           Bigeye tuna less than 27 inches curved fork length or 27 inches from the fork of the tail to the forward edge of the cut of beheaded tuna.

(3)           Bluefin tuna less than 73 inches curved fork length or 54 inches pectoral fin curved fork length.

(b)  It is unlawful to possess in a commercial fishing operation tunas subject to a size or harvest restriction without having tails attached.

(c)  It is unlawful to possess for recreational purposes:

(1)           Yellowfin tuna less than 27 inches curved fork length.

(2)           Bigeye tuna less than 27 inches curved fork length.

(3)           More than three yellowfin tuna per person per day.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. October 1, 2008;

Amended Eff. April 1, 2011.

 

15A NCAC 03M .0521     SHEEPSHEAD

The Fisheries Director may, by proclamation, impose any or all 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 size; and

(6)           specify quantity.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. April 1, 2014.

 

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 quantity.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221.1; 143B‑289.52;

Eff. May 1, 2017.

 

 

 

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 rules in this Subchapter set forth permanent fish habitat areas in all coastal fishing waters as defined through extensive estuarine and marine survey sampling conducted by the Division.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. December 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

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 all waters from the described line in the direction indicated in rule up to the headwaters of the waterbody or Inland‑Coastal boundary lines, whichever area is first encountered.

(c)  Unless otherwise specified by the rule, permanent and special secondary nursery areas designated in 15A NCAC 03R .0104 and .0105 encompass all waters from the described line in the direction indicated in rule up to the primary nursery area lines, Inland‑Coastal boundary lines or the headwaters of the waterbody, whichever area is first encountered.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Recodified from 15A NCAC 03N .0003 Eff. May 1, 1997;

Amended Eff. December 1, 2007; August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03N .0104      PROHIBITED GEAR, PRIMARY NURSERY AREAS

It is unlawful to use any trawl net, long haul seine, swipe net, dredge, or mechanical method for clams or oysters for the purpose of taking any marine fishes in any of the primary nursery areas described in 15A NCAC 3R .0103.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Recodified from 15A NCAC 3N .0004 Eff. May 1, 1997;

Amended Eff. May 1, 1997.

 

15a ncac 03n .0105      PROHIBITED GEAR, SECONDARY NURSERY AREAS

(a)  It is unlawful to use trawl nets for any purpose in any of the permanent secondary nursery areas designated in 15A NCAC 03R .0104.

(b)  It is unlawful to use trawl nets for any purpose in any of the special secondary nursery areas designated in 15A NCAC 03R .0105, except that the Fisheries Director, may, by proclamation, open any or all of the special secondary nursery areas, or any portion thereof, listed in 15A NCAC 03R .0105 to shrimp or crab trawling from August 16 through May 14 subject to the provisions of 15A NCAC 03L .0100 and .0200.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Recodified from 15A NCAC 03N .0005 Eff. May 1, 1997;

Amended Eff. August 1, 2004; May 1, 1997.

 

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 from the described line in the direction indicated in Rule up to the headwaters of the waterbody or Inland‑Coastal boundary lines, whichever area is first encountered and except when:

(1)           otherwise specified by 15A NCAC 03R .0115; or

(2)           the waterbody is impassable to fish migration due to manmade obstructions such as dams and causeways.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. December 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

 

 

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)  To obtain any Marine Fisheries licenses, endorsements, commercial fishing vessel registrations, except Recreational Fishing Tournament Licenses to Sell Fish and Land or Sell Licenses, the following information is required for the application by the licensee, a responsible party, or person holding a power of attorney:

(1)           Full name, physical address, mailing address, date of birth, and signature of the licensee on the application.  If the licensee is not appearing before a license agent or a representative of the Division, the licensee's signature on the application shall be notarized;

(2)           Current picture identification of licensee or responsible party.  Acceptable forms of picture identification are driver's license, state identification card, military identification card, resident alien card (green card), or passport; or if purchased by mail, a copy thereof;

(3)           Certification that the applicant does not have four or more marine or estuarine resource violations during the previous three years;

(4)           Valid documentation papers or current motor boat registration, or copy thereof when purchasing a commercial fishing vessel registration.  If an application for transfer of documentation is pending, a copy of the pending application and a notarized bill of sale may be submitted;

(5)           Current articles of incorporation and a current list of corporate officers when purchasing a license or commercial fishing vessel registration in a corporate name.  In the case of incorporation of an individual fishing vessel, the name of the master of that vessel shall also be specified.  The responsible party shall notify the Morehead City Office of the Division of Marine Fisheries within five days of change of the master specified for that vessel;

(6)           An affirmation of liability insurance and that the operator is knowledgeable of United States Coast Guard (USCG) safety requirements for the vessel(s) used in the operation in accordance with G.S. 113-168.6 when purchasing a commercial fishing vessel registration with a for-hire endorsement.

(7)           If a partnership is established by a written partnership agreement, a current copy of such agreement shall be provided when purchasing a license, endorsement, or commercial fishing vessel registration in a partnership name;

(8)           For nonresidents, certification of the state of residency;

(9)           In addition to the information required in G.S. 113-169.4, linear length of pier when purchasing an Ocean Fishing Pier License;

(10)         In addition to the information required in G.S. 113-171.1, current aircraft registration and list of operator(s) when purchasing a Spotter Plane License;

(11)         In addition, for fish dealers licenses, the physical address of the established location where business is conducted and, if different, the address where records are kept;

(12)         When purchasing a Fish Dealer License with clam or oyster categories or a consolidated license, the applicant shall provide valid certification as a North Carolina certified shellfish dealer;

(13)         In addition, for the Blanket For-Hire Captain's Coastal Recreational Fishing License (CRFL), the applicant shall provide a valid certification from the USCG that allows carrying six or fewer passengers or a certification from the USCG that allows carrying more than six passengers; and

(14)         In addition, for the Blanket For-Hire Vessel CRFL or the Non-Blanket For-Hire Vessel License, valid documentation papers or current motor boat registration or copies thereof for the vessel engaged as for-hire.  If an application for transfer of documentation is pending, a copy of the pending application and a notarized bill of sale may be submitted.

(b)  License to Land Flounder from the Atlantic Ocean.

(1)           To qualify for a License to Land Flounder from the Atlantic Ocean, the applicant shall:

(A)          have landed in North Carolina at least 1,000 pounds of flounder from a single vessel each year from the Atlantic Ocean during any two of the 1992-93, 1993-94, 1994-95 license years for which the person had a vessel that was licensed to land in North Carolina; and

(B)          have been licensed under G.S. 113-152 or 113-153 during any two of the 1992-93, 1993-94, or 1994-95 license years; and

(C)          hold a valid Standard or Retired Standard Commercial Fishing License or valid Land or Sell License.

(2)           It is lawful for a person to hold Licenses to Land Flounder from the Atlantic Ocean equal to the number of vessels that he owns that individually met the eligibility requirements of Parts (b)(1)(A) and (b)(1)(B) of this Rule.

(3)           The License to Land Flounder from the Atlantic Ocean is only valid when used on the vessel specified at the time of license issuance.

(4)           At the time of issuance, the applicant for the License to Land Flounder from the Atlantic Ocean shall specify the name of the master of the vessel for each License to Land Flounder from the Atlantic Ocean issued. 

(5)           The holder of the License to Land Flounder from the Atlantic Ocean shall notify the Morehead Office of the Division of Marine Fisheries within five days of change as to the master identified on the license.

(6)           Licenses to Land Flounder from the Atlantic Ocean are issued for the current license year and expire on June 30.

(c)  To obtain a Recreational Fishing Tournament License to Sell Fish, the tournament organizer shall apply with the Division of Marine Fisheries at least 30 days prior to the starting date of the tournament with the following required information:

(1)           Full name, physical address, mailing address, date of birth, signature of the tournament organizer, name of tournament, and dates of tournament on the license application.  If the licensee is not appearing before a representative of the Division, the licensee's signature shall be notarized on the application.

(2)           Current picture identification of tournament organizer.  Acceptable forms of picture identification are driver's license, state identification card, military identification card, resident alien card (green card), or passport; or if purchased by mail, a copy thereof. 

(d)  To obtain a Land or Sell License, the following information is required for a proper application: 

(1)           Full name, physical address, mailing address, date of birth, and signature of the responsible party or master for the vessel on the license application.  If the licensee is not appearing before a representative of the Division, the licensee's signature on the application shall be notarized on the application;

(2)           Current picture identification of responsible party or master.  Acceptable forms of picture identification are driver's license, state identification card, military identification card, resident alien card (green card), or passport; or if applying by mail, a copy thereof;

(3)           Valid documentation papers or current motor boat registration or copy thereof when purchasing a commercial fishing vessel registration.  If an application for transfer of documentation is pending, a copy of the pending application and a notarized bill of sale may be submitted.

Fees shall be based on the vessel's homeport as it appears on the U.S. Coast Guard documentation papers or the State in which the vessel is registered, in accordance with G.S. 113-169.5.

(e)  Proof of residency in North Carolina for:

(1)           Standard Commercial Fishing License or Retired Standard Commercial Fishing License shall require a notarized certification from the applicant that the applicant is a resident of the State of North Carolina as defined by G.S. 113-130(4); and

(A)          a notarized certification from the applicant that a North Carolina State Income Tax Return was filed for the previous calendar or tax year as a North Carolina resident;

(B)          a notarized certification that the applicant was not required to file a North Carolina State Income Tax Return for the previous calendar or tax year; or

(C)          military identification, military dependent identification and permanent change of station orders or assignment orders substantiating individual's active duty assignment at a military facility in North Carolina.

(2)           All other types of licenses:

(A)          North Carolina voter registration card; or

(B)          Current North Carolina Driver's License; or

(C)          Current North Carolina Certificate of Domicile; or

(D)          Current North Carolina Identification Card issued by the North Carolina Division of Motor Vehicles; or

(E)           Military identification, military dependent identification and permanent change of station orders or assignment orders substantiating individual's active duty assignment at a military facility in North Carolina.

(f)  Applications submitted without complete and required information shall not be processed until all required information has been submitted.  Incomplete applications shall be returned to the applicant with deficiency in the application so noted.

(g)  It is unlawful for a license or registration holder to fail to notify the Division of Marine Fisheries within 30 days of a change of name or address, in accordance with G.S. 113-169.2.

(h)  Licenses are available at Offices of the Division or by mail from the Morehead City Office, unless otherwise specified.  In addition, Recreational Commercial Gear Licenses are available at Wildlife Service Agents who have been designated as agents of the Department.

(i)  To renew any Marine Fisheries licenses, endorsements, and commercial fishing vessel registration, except Recreational Commercial Gear Licenses, the following is required for the renewal application by the licensee, a responsible party, or person holding a power of attorney;

(1)           The information required in Subparagraphs (a)(4), (a)(5), and (a)(6) of this Rule are only required if a change has occurred since the last issuance of license, endorsement, or commercial fishing vessel registration.

(2)           Certification that articles of incorporation and list of corporate officers, if incorporated, written partnership agreement, if written partnership, or documentation papers or motor boat registration previously provided for initial license purchase are still valid and current for renewal.

(3)           Current and valid state driver's license or state identification picture identification numbers and expiration dates shall be verified on mail license renewal applications or any other electronic license renewal process, otherwise the licensee shall provide a photocopy for renewal by mail or visit a Division License Office and present a current and valid picture identification pursuant to Subparagraph (a)(2) of this Rule.

(4)           The licensee's or responsible party's signature on the application shall certify all information as true and accurate.  Notarization of signature on renewal applications shall not be required.

(5)           The Division of Marine Fisheries may require current copies of documentation for licenses, endorsements, or commercial fishing vessel registration on renewal when necessary to verify inconsistent information or the information cannot be verified by independent sources.

(6)           If the linear length of the pier has not changed for the Ocean Fishing Pier License renewal, the responsible party shall certify that the length is accurate; otherwise, a Marine Patrol Officer's signature is required to certify the linear length before the license can be renewed.

(7)           Certification that shellfish dealer certification by North Carolina previously provided for issuance of Fish Dealer License with clam or oyster categories or consolidated license is still valid and current for renewal.

 

History Note:        Authority G.S. 113-134; 113-168; 113-168.1-6; 113-169; 113-169.2-5; 113-171.1; 113-174.3; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 1997; March 1, 1994;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. April 1, 2001;

Amended Eff. May 1, 2015; July 1, 2008; December 1, 2006; August 1, 2004; August 1, 2002.

 

15A NCAC 03O .0102      RECREATIONAL FISHING TOURNAMENT LICENSE TO SELL FISH

(a)  It is unlawful for anyone other than the holder of the Recreational Fishing Tournament License to Sell Fish to sell fish taken during a recreational fishing tournament.

(b) Fish to be sold under the Recreational Fishing Tournament License to Sell Fish must be sold only to licensed fish dealers and shall comply with all applicable rules of the Marine Fisheries Commission (MFC) or provisions of proclamations issued by the Fisheries Director as authorized by the MFC.

(c)  It is unlawful for a licensed recreational fishing tournament organizer to fail to accurately and legibly complete and file within 30 days after the last day of the tournament a North Carolina Recreational Fishing Tournament Disposition of Proceeds from the Sale of Fish Form provided by the Division.

 

History Note:        Authority G.S. 113-134; 113-168.4; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. December 1, 2006; August 1, 2000.

 

15A NCAC 03O .0103      AUXILIARY VESSELS

(a)  Buy boats, run boats, purse boats or any other vessels used in conjunction with commercial fishing operations, except vessels without motors used in connection with other vessels with commercial fishing vessel registrations, shall have a commercial fishing vessel registration.

(b)  A person in command of a vessel that is auxiliary to a vessel with a commercial fishing vessel registration with a person aboard who holds a Standard Commercial Fishing License or a Retired Standard Commercial Fishing License engaged in a commercial fishing operation using a pound net, long-haul, beach seine or purse seine is exempt from the provisions of G.S. 113-168.2 (a1).

 

History Note:        Authority G.S. 113-134; 113-168.1; 113-168.2; 113-168.5; 113-168.6; 113-169; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 03O .0104      COMMERCIAL UNLOADING OF FISH

It is unlawful to unload fish from a vessel in North Carolina which has been engaged in a commercial fishing operation outside state waters without possessing a valid:

(1)           Standard or Retired Standard Commercial Fishing Licenses; or

(2)           Menhaden License for Nonresidents Without a Standard Commercial Fishing License; or

(3)           Shellfish License for North Carolina Residents without a Standard Commercial Fishing Licenses; or

(4)           Land or Sell License.

 

History Note:        Authority G.S. 113-168.1; 113-168.2; 113-168.4; 113-169; 113-169.5; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.

 

15a ncac 03o .0105      BAIT AND MUSSEL DEALERS

(a)  Persons dealing in minnows, live shrimp, or both minnows and live shrimp for bait purposes, who are subject to licensing requirements under G.S. 113-169.3 are required to purchase only the license applicable to finfish dealers.  A bona fide dealer in shrimp, licensed under the provisions of G.S. 113-169.3, may, however, deal in minnows as well as live shrimp for bait purposes, as an incident of his operations under his shrimp dealer's license.

(b)  Persons dealing in mussels who are subject to licensing requirements under the provisions of G.S. 113-169.3 are required to purchase only the license applicable to clam dealers and meet the shellfish dealer certification requirements in 15A NCAC 03O .0101(a)(11).

 

History Note:        Authority G.S. 113‑134; 113-169.3; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2004; August 1, 2000.

 

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

(a)  It is 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 mounted on an exterior surface so as to be plainly visible when viewed from the port side; and

(2)           To display any commercial fishing vessel registration decal not issued for the vessel displaying it.

(b)  It is unlawful to fail to display any fish dealer's licenses required by G.S. 113-169.3, or ocean fishing pier license required by G.S. 113-169.4 in prominent public view in each location subject to licensing.

(c)  It is unlawful to fail to display a current For-Hire License decal on the exterior surface of the vessel so as to be visible when viewed from the port side while engaged in for-hire recreational fishing.

 

History Note:        Authority G.S. 113-168.6; 113-169.3; 113-169.4; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. May 1, 2015; December 1, 2006; August 1, 2000.

 

15A NCAC 03O .0107      LOST LICENSE REPLACEMENT

Lost licenses except Blanket Coastal Recreational Fishing Licenses, endorsements, and commercial fishing vessel registration decals may be replaced upon payment of a fee of ten dollars ($10.00) or a fee equal to the initial cost of the license, endorsement, or commercial fishing vessel registration, whichever is less.  The replacement fee for the Blanket Coastal Recreational Fishing Licenses is five dollars ($5.00).

 

History Note:        Authority G.S. 113‑134; 113-168.1; 113-168.6; 113-169.4; 113-173; 113-174.1; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. December 1, 2006; August 1, 2000.

 

15A NCAC 03O .0108      LICENSE TRANSFERS

(a)  Licenses to Land Flounder from the Atlantic Ocean may only be transferred:

(1)           with the transfer of the ownership of a vessel that the licensee owns that individually met the eligibility requirements of 15A NCAC 3O .0101 (b) (1) (A) and (b) (1) (B) to the new owner of that vessel.  Transfer of the License to Land Flounder from the Atlantic Ocean transfers all flounder landings from the Atlantic Ocean associated with that vessel; or

(2)           by the owner of a vessel to another vessel under the same ownership.

Any transfer of license under this Paragraph may only be processed through the Division of Marine Fisheries Morehead City Office and no transfer is effective until approved and processed by the Division.

(b)  Commercial Fishing Vessel Registration Transfer.  When transferring ownership of a vessel bearing a current commercial fishing vessel registration, the new owner shall follow the requirements in 15A NCAC 3O .0101 and pay a replacement fee of ten dollars ($10.00) for a replacement commercial fishing vessel registration. The new owner must submit a form provided by the Division with the signatures of the former licensee and the signature of the new licensee notarized.

(c)  Standard or Retired Standard Commercial Fishing License transfers:

(1)           A Standard or Retired Standard Commercial Fishing License may only be transferred if both the transferor and the transferee have no current suspensions or revocations of any Marine Fisheries license privileges.

(2)           At the time of the transfer of a Standard or Retired Standard Commercial Fishing License, the transferor must indicate the retainment or transfer of the landings history associated with that Standard or Retired Standard Commercial Fishing License.  The transferor may retain a landings history only if the transferor holds an additional Standard or Retired Standard Commercial Fishing License.  Transfer of a landings history is all or none.

(3)           To transfer a Standard or Retired Standard Commercial Fishing License, the following information is required:

(A)          information on the transferee as set out in 15A NCAC 3O .0101;

(B)          notarization of the current license holder's and the transferee's signatures on a transfer form provided by the Division;

(C)          when the transferee is a non-resident, a written certified statement from the applicant listing any violations involving marine and estuarine resources during the previous three years;

(D)          when the transferor is retiring from commercial fishing, the transferor must submit evidence showing that such retirement has in fact occurred, for example, evidence of the transfer of all licensee's Standard Commercial Fishing Licenses, sale of all the licensee's registered vessels, or discontinuation of any active involvement in commercial fishing.

                                Properly completed transfer forms must be returned to Division Offices by mail or in person.

(4)           The Standard or Retired Standard Commercial Fishing License which is being transferred must be surrendered to the Division at the time of the transfer application.

(5)           Fees:

(A)          Transferee must pay a replacement fee of ten dollars ($10.00).

(B)          Transferee must pay the differences in fees as specified in G.S. 113-168.2 (e) or G.S. 113-168.3 (b) when the transferee who is a non-resident is being transferred a resident Standard or Retired Standard Commercial Fishing License.

(C)          Transferee must pay the differences in fees as specified in G.S. 113-168.2 (e) when the license to be transferred is a Retired Standard Commercial Fishing License and the transferee is less than 65 years old.

(6)           Transfer of Standard or Retired Standard Commercial Fishing License for Deceased Licensees:

(A)          When the deceased licensee's immediate surviving family member(s) is eligible to hold the deceased=s Standard Commercial Fishing Licenses or Retired Standard Commercial Fishing License, the Administrator/Executor must give written notification within six months after the Administrator/Executor qualifies under G. S. 28A to the Morehead City Office of the Division of Marine Fisheries of the request to transfer the deceased=s license to the estate Administrator/Executor.

(B)          A transfer to the Administrator/Executor shall be made according to the provisions of Subparagraphs (c (2) - (c) (4) of this Rule.  The Administrator/Executor must provide a copy of the deceased licensee's death certificate, a copy of the certificate of administration and a list of eligible immediate family members to the Morehead City Office of the Division of Marine Fisheries.

(C)          The Administrator/Executor may only transfer a license in the Administrator/Executor name on behalf of the estate to a eligible surviving family member.  The surviving family member transferee may only transfer the license to a third party purchaser of the deceased licensee's fishing vessel.  Transfers shall be made according to the provisions of Subparagraphs (c) 2 - (c) (4) of this Rule.

(d)  Transfer forms submitted without complete and required information shall be deemed incomplete and will not be considered further until resubmitted with all required information.

(e)  It is unlawful for a person to accept transfer of a Standard or Retired Standard Commercial Fishing License for which they are ineligible.

 

History Note:        Authority G.S. 113‑134; 113-168.1; 113-168.2; 113-168.3; 113-168.6; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Temporary Amendment Eff. August 1, 1999; July 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 03O .0109      ASSIGNMENT OF SCFL

(a)  The Division of Marine Fisheries shall provide assignment forms upon issuance of the Standard Commercial Fishing License.  Assignment must be made on the Division assignment forms.  On the assignment form, the Standard Commercial Fishing License holder must designate what, if any, endorsements are included in the assignment.  Endorsements may not be assigned independent of the Standard Commercial Fishing License.  It is unlawful for the Standard Commercial Fishing License holder to fail to submit within five days the completed assignment form to any office of the Division in person or by mail to the Morehead City Division Office.  An assignment is in effect from the date specified on the assignment form and when:

(1)           assignment form is properly completed;

(2)           signatures of the current license holder and the assignee are notarized; and

(3)           assignee has in their possession the original actual Standard Commercial Fishing License with endorsements of the current license holder.

(b)  Assignments terminate when:

(1)           date specified on the assignment form is reached; or

(2)           licensee or assignee are determined ineligible for a license or assignment; or

(3)           Division receives a notarized statement from the current license holder stating a revised date for an earlier assignment termination; or

(4)           upon the licensee or assignee's death; or

(5)           the Standard Commercial Fishing License expires.

If the properly completely assignment form is not received by the Division within five days from the date it was signed, the assignment is null and void.  For an extension of time for assignments, a new assignment form must be completed in accordance with Subparagraphs (a)(1) - (3) of this Rule.

(c)  It is unlawful for an individual assigned a Standard Commercial Fishing License to fail to have available ready at hand for inspection all required documents as stated under G.S. 113-168.1.  The assignee when involved in a commercial fishing operation must have the original actual Standard Commercial Fishing License and any assigned endorsements and a copy of the assignment form in their possession ready for inspection.

(d)  All landings occurring during the time of the assignment shall be credited to the Standard Commercial Fishing License holder, not the assignee.

(e)  It is unlawful to be assigned more than a single Standard Commercial Fishing License at any one time.  It is unlawful to assign a Standard Commercial Fishing License to more than one individual at any one time.  Assignments may only be made by the person issued the Standard Commercial Fishing License and may not be further assigned by assignees.  Masters identified on the Standard Commercial Fishing Licenses of corporations consisting of an individual fishing vessel may not assign such licenses.

(f)  It is unlawful for a person to accept assignment of a Standard Commercial Fishing License for which they are ineligible.

(g)  Assignments submitted without complete and required information shall be deemed not in effect and shall not be considered further until resubmitted with all required information.

(h)  It is unlawful for any assignee of a Standard Commercial Fishing License not to return the assignment and the Standard Commercial Fishing License with any assigned endorsements to the assignor of that license within five days of notice that the assignment has been terminated or a demand by the assignor to return the license.

 

History Note:        Authority G.S. 113‑134; 113-168.1; 113-168.2; 113-168.5; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. October 2, 1999; July 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 03O .0110      LICENSE REFUNDS

All license fees are non-refundable except when licenses are issued by the Division in error.

 

History Note:        Authority G.S. 113-134; 113-168.1; 113-173; 143B-289.52; 147-84; 1993 (Regular Session 1994), c. 576, s. 3;

Eff. March 1, 1995;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 03O .0111      SURRENDER OF LICENSES)

(a)  It is 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 license following service of notice of suspension or revocation of licenses in accordance with G.S. 113-171.

(b)  It is unlawful for any person in custody or possession of any licenses, license receipt, endorsements, commercial fishing vessel registration or decals, and other documentation required to be surrendered to refuse to surrender same to an agent of the Secretary making such demand.

 

History Note:        Authority G.S. 113-134; 113-171; 143B-289.52; S.L. 2010-145;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000;

Amended Eff. October 1, 2012.

 

15A NCAC 03O .0112      For Hire Coastal Recreational Fishing

(a)  It is unlawful to operate a For Hire Vessel unless the vessel operator possesses either the For Hire Blanket Coastal Recreational Fishing License (CRFL) for the vessel or a Division of Marine Fisheries For Hire Fishing Permit for the vessel as provided in 15A NCAC 03O .0503(k).

(b)  It is unlawful for a For Hire Vessel operator to operate under the For Hire Blanket CRFL without:

(1)           Holding the USCG certification required in 15A NCAC 03O .0101(a)(13);

(2)           Having the For Hire Blanket CRFL for the vessel or copy thereof in possession and ready at hand for inspection; and

(3)           Having current picture identification in possession and ready at hand for inspection.

(c)  It is unlawful for the holder of the For Hire Blanket CRFL to fail to participate in and provide accurate information as requested by the Division for biological sampling and survey programs.

(d)  It is unlawful to fail to display a current For Hire Blanket CRFL decal mounted on an exterior surface of the vessel so as to be visible when viewed from the port side while engaged in for-hire recreational fishing.

 

History Note:        Authority G.S. 113-134; 113-174.3; 143B-289.52;

Eff. July 1, 2008.

 

15A NCAC 03O .0113      OCEAN FISHING PIER REPORTING REQUIREMENTS

It is unlawful for the responsible party of the Ocean Fishing Pier License to fail to provide to the Division by the 10th of each month a daily count of anglers fishing from the licensed pier from the previous month, including a daily count of zero for days when anglers did not fish.  The information shall be submitted on a paper form provided by the Division or via electronic mail to the electronic mail address provided at the time of license application.

 

History Note:        Authority G.S. 113-134; 113-169.4; 113-174.1; 143B-289.52;

Eff. April 1, 2011;

Amended Eff. May 1, 2015.

 

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 an inspector under G.S. 14-32, 14-33, 14-72, or 14-399 shall be deemed a conviction for the purposes of license suspension or revocation.

(c)  Upon receipt of notice of a licensee's conviction as specified in G.S. 113-171 or a conviction as specified in Paragraph (b) of this Rule, the Fisheries Director shall determine whether it is a first, second, third, fourth, or subsequent conviction. Where several convictions result from a single transaction or occurrence, the convictions shall be treated as a single conviction for the purposes of license suspension or revocation. For a second conviction, the Fisheries Director shall suspend all licenses issued to the licensee for a period of 30 days; for a third conviction, the Fisheries Director shall suspend all licenses issued to the licensee for a period of 90 days; for a fourth or subsequent conviction, the Fisheries Director shall revoke all licenses issued to the licensee, except:

(1)           for a felony conviction under G.S. 14-399, the Fisheries Director shall suspend all licenses issued to the licensee for a period of one year;

(2)           for a first conviction under G.S. 113-187(d)(1), the Fisheries Director shall suspend all licenses issued to the licensee for a period of one year; for a second or subsequent conviction under G.S. 113-187(d)(1), the Fisheries Director shall revoke all licenses issued to the licensee;

(3)           for a conviction under G.S. 14-72, 113-208, 113-209, 113-268, or 113-269, the Fisheries Director shall revoke all licenses issued to the licensee; and

(4)           for a conviction under G.S. 14-32 or 14-33, if the offense was committed against a marine fisheries inspector, the Fisheries Director shall revoke all licenses issued to the licensee and the former licensee shall not be eligible to apply for reinstatement of a revoked license or for any additional license authorized in Article 14A, Article 14B, or Article 25A of Chapter 113 for a period of two years.

(d)  After the Fisheries Director determines that a conviction requires a suspension or revocation of the licenses of a licensee, the Fisheries Director shall cause the licensee to be served with written notice of suspension or revocation. If the licensee is not an individual, the written notice shall be served upon any responsible individual affiliated with the corporation, partnership, or association. The notice of suspension or revocation shall be served by an inspector or other agent of the Department or by certified mail, shall state the ground upon which it is based, and shall take effect immediately upon service. The agent of the Fisheries Director making service shall collect all license certificates and plates and other forms or records relating to the license as directed by the Fisheries Director.

(e)  If a license has been suspended, the former licensee shall not be eligible to apply for reissuance of license or for any additional license authorized in Article 14A, Article 14B, or Article 25A of Chapter 113 during the suspension period. Licenses shall be returned to the licensee by the Fisheries Director or the Director's agents at the end of a period of suspension.

(f)  Where a license has been revoked, the former licensee shall not be eligible to apply for reinstatement of a revoked license or for any additional license authorized in Article 14A, Article 14B and Article 25A of Chapter 113 for a period of one year, except as provided in Subparagraph (c)(4) of this Rule. For a request for reinstatement following revocation, the former licensee shall demonstrate in the request that the licensee will conduct the operations for which the license is sought in accord with all applicable laws and rules, shall submit the request in writing, and shall send the request to the Fisheries Director, Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557. Upon the application of an eligible former licensee after revocation, the Fisheries Director may issue one license sought but not another, as necessary to prevent the hazard of recurring violations of the law.

(g)  A licensee shall not willfully evade the service prescribed in this Rule.

 

History Note:        Authority G.S. 113-168.1; 113-171; S.L. 2010-145;

Eff. October 1, 2012;

Amended Eff. May 1, 2017.

 

SECTION .0200 – LEASES AND FRANCHISES

 

15A NCAC 03O .0201      STANDARDS and requirements FOR SHELLFISH BOTTOM LEASES AND FRANCHISES AND WATER COLUMN LEASES

(a)  All areas of the public bottom underlying Coastal Fishing Waters shall meet the following standards and requirements, in addition to the standards in G.S. 113-202, in order to be deemed suitable for leasing for shellfish cultivation purposes:

(1)           the proposed lease area shall not contain a "natural shellfish bed," as defined in G.S. 113-201.1, or have 10 bushels or more of shellfish per acre;

(2)           the proposed lease area shall not be closer than 100 feet to a developed shoreline, except no minimum setback is required when the area to be leased borders the applicant's property, the property of "riparian owners" as defined in G.S. 113-201.1 who have consented in a notarized statement, or is in an area bordered by undeveloped shoreline; and

(3)           the proposed lease area shall not be less than one‑half acre and shall not exceed 10 acres.

(b)  To be suitable for leasing for aquaculture purposes, water columns superjacent to leased bottom shall meet the standards in G.S. 113‑202.1 and water columns superjacent to franchises recognized pursuant to G.S. 113-206 shall meet the standards in G.S. 113‑202.2.

(c)  Franchises recognized pursuant to G.S. 113-206 and shellfish bottom leases shall be terminated unless they meet the following requirements, in addition to the standards in and as allowed by G.S. 113-202:

(1)           they produce and market 10 bushels of shellfish per acre per year; and

(2)           they are planted with 25 bushels of seed shellfish per acre per year or 50 bushels of cultch per acre per year, or a combination of cultch and seed shellfish where the percentage of required cultch planted and the percentage of required seed shellfish planted totals at least 100 percent.

(d)  Water column leases be terminated unless they meet the following requirements, in addition to the standards in and as allowed by G.S. 113-202.1 and 113-202.2:

(1)           they produce and market 40 bushels of shellfish per acre per year; or

(2)           the underlying bottom is planted with 100 bushels of cultch or seed shellfish per acre per year.

(e)  The following standards shall be applied to determine compliance with Paragraphs (c) and (d) of this Rule:

(1)           Only shellfish marketed, planted, or produced as defined in 15A NCAC 03I .0101 as the fishing activities "shellfish marketing from leases and franchises," "shellfish planting effort on leases and franchises," or "shellfish production on leases and franchises" shall be included in the lease and franchise reports required by Rule .0207 of this Section.

(2)           If more than one lease or franchise is used in the production of shellfish, one of the leases or franchises used in the production of the shellfish shall be designated as the producing lease or franchise for those shellfish. Each bushel of shellfish shall be produced by only one lease or franchise. Shellfish transplanted between leases or franchises shall be credited as planting effort on only one lease or franchise.

(3)           Production and marketing information and planting effort information shall be compiled and averaged separately to assess compliance with the requirements of this Rule. The lease or franchise shall meet both the production requirement and the planting effort requirement within the dates set forth in G.S. 113-202.1 and G.S. 202.2 to be deemed in compliance for shellfish bottom leases. The lease or franchise shall meet either the production requirement or the planting effort requirement within the dates set forth in G.S. 113-202.1 and G.S. 202.2 to be deemed in compliance for water column leases.

(4)           All bushel measurements shall be in standard U.S. bushels.

(5)           In determining production and marketing averages and planting effort averages for information not reported in bushel measurements, the following conversion factors shall be used:

(A)          300 oysters, 400 clams, or 400 scallops equal one bushel; and

(B)          40 pounds of scallop shell, 60 pounds of oyster shell, 75 pounds of clam shell, or 90 pounds of fossil stone equal one bushel.

(6)           Production and marketing rate averages shall be computed irrespective of transfer of the lease or franchise. The production and marketing rates shall be averaged for the following situations using the time periods described:

(A)          for an initial bottom lease or franchise, over the consecutive full calendar years remaining on the bottom lease or franchise contract after December 31 following the second anniversary of the initial bottom lease or franchise;

(B)          for a renewal bottom lease or franchise, over the consecutive full calendar years beginning January 1 of the final year of the previous bottom lease or franchise term and ending December 31 of the final year of the current bottom lease or franchise contract;

(C)          for a water column lease, over the first five-year period for an initial water column lease and over the most recent five-year period thereafter for a renewal water column lease; or

(D)          for a bottom lease or franchise issued an extension period under Rule .0208 of this Section, over the most recent five-year period.

(7)           In the event that a portion of an existing lease or franchise is obtained by a new owner, the production history for the portion obtained shall be a percentage of the originating lease or franchise production equal to the percentage of the area of lease or franchise site obtained to the area of the originating lease or franchise.

(f)  Persons holding five or more acres under all shellfish bottom leases and franchises combined shall meet the requirements established in Paragraph (c) of this Rule before submitting an application for additional shellfish lease acreage to the Division of Marine Fisheries.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 113-206; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 1997; March 1, 1995; March 1, 1994; September 1, 1991;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. May 1, 2017; October 1, 2008; April 1, 2003.

 

15A NCAC 03o .0202      SHELLFISH BOTTOM AND WATER COLUMN LEASE APPLICATIONS

(a)  Application forms are available from the Division's office headquarters at 3441 Arendell Street, Morehead City, NC  28557 for persons desiring to apply for shellfish bottom and water column leases.  Each application shall be accompanied by a map or diagram prepared at the applicant's expense including an inset vicinity map showing the location of the proposed lease with detail sufficient to permit on‑site identification and must meet the information requirements pursuant to G.S. 113-202(d).

(b)  As a part of the application, the applicant shall submit a management plan for the area to be leased on a form provided by the Division which meets the following standards:

(1)           States the methods through which the applicant will cultivate and produce shellfish consistent with the minimum requirements set forth in 15A NCAC 03O .0201;

(2)           States the time intervals during which various phases of the cultivation and production plan will be achieved;

(3)           States the materials and techniques that will be utilized in management of the lease;

(4)           Forecasts the results expected to be achieved by the management activities; and

(5)           Describes the productivity of any other leases or franchises held by the applicant.

(c)  The completed application, map or diagram, and management plan for the requested lease shall be accompanied by the non‑refundable filing fee set forth in G.S. 113-202(d1).  An incomplete application shall be returned and not considered further until re‑submitted complete with all required information.

(d)  Applicants and transferees not currently holding a shellfish cultivation lease, and applicants and transferees holding one or more shellfish cultivation leases which are not meeting production requirements, shall complete and submit an examination, with a minimum of 70 percent correct answers, based on an educational package provided by the Division of Marine Fisheries.  The examination shall demonstrate the applicant's knowledge of:

(1)           the shellfish lease application process;

(2)           shellfish lease planting and production requirements;

(3)           lease marking requirements;

(4)           lease fees;

(5)           shellfish harvest area closures due to pollution;

(6)           safe handling practices;

(7)           lease contracts and renewals;

(8)           lease termination criteria; and

(9)           shellfish cultivation techniques.

(e)  After an application is deemed to have met all requirements and is accepted by the Division, the applicant shall identify the area for which a lease is requested with stakes at each corner in accordance with 15A NCAC 03O .0204(a)(1)(A).  The applicant shall attach to each stake a sign, provided by the Division containing the name of the applicant, the date the application was filed, and the estimated acres.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2011; September 1, 2005; May 1, 1997; September 1, 1991.

 

15A NCAC 03O .0203      SHELLFISH LEASE APPLICATION PROCESSING

(a)  Upon acceptance of a completed application, the proposed lease area shall be inspected by agents of the Division.  Proposed lease areas inconsistent with applicable standards contained or referenced in 15A NCAC 3O .0201 shall result in the return of applications for amendment to remove the inconsistencies.  If the boundaries of the proposed lease area are modified, the stakes identifying such areas shall be relocated accordingly by the applicant.  The failure of applicants to amend applications or modify lease area identification, when required, shall result in denial of such applications.

(b)  If the initial or amended lease application is deemed consistent with all applicable requirements, the Secretary or his designee shall notify the applicant and publish notices of intention to lease in accordance with standards in G.S. 113‑202(f).

(c)  The Secretary shall consider the lease application, the Division's proposed lease area analysis, and public comments, and may in his discretion lease or decline to lease the proposed lease area or any part thereof.  Special conditions may be imposed so that leases may be issued which would otherwise be denied.  Should an applicant decide not to accept any special condition imposed on the lease by the Secretary, the application shall be considered denied.

(d)  Upon approval of leases by the Secretary, applicants shall mark the shellfish bottom leases in accordance with 15A NCAC 3O .0204(a)(1), water column leases in accordance with 15A NCAC 3O .0204(a)(2), and shall within 90 days submit to the Division acceptable surveys of the areas approved for leasing except that a water column lease which entirely covers a shellfish bottom lease or franchise with an accepted survey on file does not require another survey.  Such surveys shall be made at the expense of applicants and must meet the following standards:

(1)           Surveys and maps shall meet all the requirements of 21 NCAC 56 .1600, Standards of Practice for Land Surveying in North Carolina, which is hereby incorporated by reference including subsequent amendments and editions.  This material is available for inspection and copies may be obtained from the Marine Fisheries Division, Marine Fisheries Building, 3441 Arendell St., P.O. Box 769, Morehead City, North Carolina 28557, at no cost.

(2)           Maps shall bear the certificate:

"I _________________________ certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision); that the error of closure as calculated by latitudes and departures is 1: _____________, that the area is ___________ acres.  Witness my hand and seal this ____________ day of __________ AD ________."

                                                ______________________________

Surveyor or Engineer

(3)           The phrase "other appropriate natural monuments or landmarks" in 21 NCAC 56 .1604(e)(9) shall include bridges, roads, highways, intersections, publicly maintained aids to navigation, houses and other permanent buildings, radio, telephone, TV, and water towers; docks; piers, and bulkheads; but does not include stakes marking the boundaries of adjoining leases, points of marsh, junctions of streams, or other landmarks which are particularly subject to change through natural processes, storms, or the effect of man.

(4)           A written description of the survey suitable for official documents shall be provided with the survey.

(5)           Locations of all corner markers in latitude and longitude shall be provided with the survey and presented in an eight digit format.  The relative accuracy of the corner marker locations shall be equal to or less than two meters.  Information on the method of measurement, make and model of equipment, and coordinate system used to determine the latitude and longitude shall be included.

(e)  Proposed shellfish bottom lease areas remain public bottom until a lease contract has been executed by the Secretary.

(f)  Proposed water column lease areas superjacent to shellfish bottom leases and recognized perpetual franchises remain public water until a lease contract has been executed by the Secretary.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; March 1, 1994; September 1, 1991.

 

15A NCAC 03O .0204      MARKING SHELLFISH LEASES AND FRANCHISES

(a)  All shellfish bottom leases, franchises, and water column leases shall be marked as follows:

(1)           Shellfish bottom leases and franchises shall be marked by:

(A)          Stakes of wood or plastic material at least three inches in diameter at the water level and extending at least four feet above the high water mark.  The stakes shall be firmly jetted or driven into the bottom at each corner.

(B)          Signs displaying the number of the lease or franchise and the name of the owner printed in letters at least three inches high must be firmly attached to each corner stake.

(C)          Supplementary stakes of wood or plastic material, not farther apart than 50 yards or closer together than 50 feet and extending at least four feet above the high water mark, must be placed along each boundary, except when such would interfere with the use of traditional navigation channels.

(2)           Water column leases shall be marked by anchoring two yellow buoys, meeting the material and minimum size requirements specified in 15A NCAC 3J .0103(b) at each corner of the area or by larger buoys, posts and signs as identified and approved by the Secretary in the Management Plan.

(b)  Stakes marking areas of management within shellfish bottom leases or franchises, as approved in the management plan, must conform to Subparagraph (a)(1)(C) of this Rule and may not exceed one for each 1,200 square feet.  Marking at concentrations of stakes greater than one for each 1,200 square feet constitutes use of the water column and a water column lease is required in accordance with G.S. 113‑202.1 or G.S. 113‑202.2.

(c)  All areas claimed in filings made pursuant to G.S. 113‑205 as deeded bottoms through oyster grants issued by the county clerk of court or as private bottoms through perpetual franchises issued by the Shellfish Commission shall be marked in accordance with Paragraph (a) of this Rule, except the sign shall include the number of the franchise rather than the number of the lease.  However, claimed areas not being managed and cultivated shall not be marked.

(d)  It is unlawful to fail to remove all stakes, signs, and markers within 30 days of receipt of notice from the Secretary pursuant to Departmental Rule 15A NCAC 1G .0207 that a G.S. 113‑205 claim to a marked area has been denied.

(e)  It is unlawful to exclude or attempt to exclude the public from allowable public trust use of navigable waters on shellfish leases and franchises including, but not limited to, fishing, hunting, swimming, wading and navigation.

(f)  The Division has no duty to protect any shellfish bottom lease, franchise, or water column lease not marked in accordance with Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 76‑40; 113‑134; 113‑182; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 113‑205;

143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1997; March 1, 1994; October 1, 1992; September 1, 1991.

 

15A NCAC 03O .0205      LEASE RENEWAL

(a)  Lease renewal applications shall be provided to lessees as follows:

(1)           For shellfish bottom leases, renewal applications shall be provided in January of the year of expiration.

(2)           For water column leases, renewal applications shall be provided at least 90 days prior to expiration dates.

(b)  Lease renewal applications shall be accompanied by management plans meeting the requirements of 15A NCAC 03O .0202(b).  The non-refundable filing fee set forth in G.S. 113-202(j) shall accompany each renewal application for shellfish bottom leases.

(c)  A survey for renewal leases shall be required at the applicant's expense when the Division determines that the area leased to the renewal applicant is inconsistent with the survey on file.

(d)  When it is determined, after due notice to the lessee, and after opportunity for the lessee to be heard, that the lessee has not complied with the requirements of this Section or that the lease as issued is inconsistent with this Section, the Secretary may decline to renew, at the end of the current terms, any shellfish bottom or water column lease. The lessee may appeal the Secretary's decision by initiating a contested case as outlined in 15A NCAC 03P .0102.

(e)  Pursuant to G.S. 113‑202(a)(6), the Secretary is not authorized to recommend approval of renewal of a shellfish lease in an area closed to shellfishing by reason of pollution.  Shellfish leases partially closed due to pollution must be amended to exclude the area closed to shellfishing prior to renewal.  For purposes of lease renewal determinations, an area shall be considered closed to shellfish harvest by reason of pollution when the area has been classified by the State Health Director as prohibited or has been closed for more than 50 percent of the days during the final four years prior to renewal except shellfish leases in areas which have been closed for more than 50 percent of the days during the final four years prior to renewal and continue to meet established production requirements by sale of shellfish through relay periods or other depuration methods shall not be considered closed due to pollution for renewal purposes.

(f)  If the Secretary declines to renew a lease that has been determined to be inconsistent with the standards of this Section, the Secretary, with the agreement of the lessee, may issue a renewal lease for all or part of the area previously leased to the lessee that contains conditions necessary to conform the renewal lease to the requirements of this Section for new leases.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 2005; May 1, 1997; March 1, 1995; March 1, 1994; October 1, 1992; September 1, 1991.

 

15A NCAC 03O .0206      LEASE PROTEST

(a)  Should any person object to the granting of any initial or renewal lease, he has the right to protest its issuance prior to the granting of the lease by the Secretary.  The protestant may file a sworn statement of protest with the Division  stating the grounds for protest.  The Secretary shall notify both the prospective lessee and the protestant upon receipt of a protest, and shall conduct such investigation as he deems necessary, and shall notify both parties of the outcome of his investigation.  Protestants or applicants receiving an adverse recommendation on the lease application from the Secretary may appeal this decision as outlined in G.S. 113‑202(g).

(b)  Any member of the public shall be allowed an opportunity to comment on any lease application during the public hearing at which the lease application is being considered by the Secretary.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; September 1, 1991.

 

15A NCAC 03O .0207      PRODUCTION REPORTS

(a)  The owners of shellfish leases and franchises shall provide annual production reports to the Division showing the amounts of material planted and harvested in connection with management for commercial production.  Reporting forms will be provided to owners of shellfish bottom leases and recognized franchises during the period that annual notices of rent due are provided to owners of shellfish bottom leases in accordance with G.S. 113‑202(j).  Reporting forms will be provided to owners of water column leases prior to each annual anniversary date.

(b)  Failure to furnish the required production report, correct and in detail requested, or filing a report containing false information, can constitute grounds for termination.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991.

 

15A NCAC 03o .0208      TERMINATION OF SHELLFISH bottom LEASES AND FRANCHISES AND WATER COLUMN LEASES

(a)  Procedures for termination of shellfish leaseholds are provided in G.S. 113-202. An appeal of the Secretary's decision to terminate a leasehold is governed by G.S. 150B-23.

(b)  Substantial breach of compliance with the provisions of rules of the Marine Fisheries Commission governing use of the leasehold includes the following, except as provided in Paragraph (c) of this Rule:

(1)           failure to meet shellfish production and marketing requirements for bottom leases or franchises in accordance with Rule .0201 of this Section;

(2)           failure to maintain a planting effort of cultch or seed shellfish for bottom leases or franchises in accordance with Rule .0201 of this Section;

(3)           failure either to meet shellfish production and marketing requirements or to maintain a planting effort of cultch or seed shellfish for water column leases in accordance with Rule .0201 of this Section;

(4)           the Fisheries Director has cause to believe the holder of private shellfish bottom or franchise rights has encroached or usurped the legal rights of the public to access public trust resources in navigable waters, in accordance with G.S. 113-205 and Rule .0204 of this Section; and

(5)           the Attorney General initiates action for the purpose of vacating or annulling letters patent granted by the State, in accordance with G.S. 146-63.

(c)  Consistent with G.S. 113-202(l1) and G.S. 113-201(b), a leaseholder that failed to meet requirements in G.S. 113-202, Rule .0201 of this Section or this Rule may be granted a single extension period of no more than two years per contract period upon a showing of hardship by written notice to the Fisheries Director prior to the expiration of the lease term that one of the following occurrences caused or will cause the leaseholder to fail to meet lease requirements:

(1)           death, illness, or incapacity of the leaseholder or his immediate family as defined in G.S. 113-168 that prevented or will prevent the leaseholder from working the lease;

(2)           damage to the lease from hurricanes, tropical storms, or other severe weather events recognized by the National Weather Service;

(3)           shellfish mortality caused by disease, natural predators, or parasites; or

(4)           damage to the lease from a manmade disaster that triggers a state emergency declaration or federal emergency declaration.

(d)  In the case of hardship as described in Subparagraph (c)(1) of this Rule, the notice shall state the name of the leaseholder or immediate family member and either the date of death or the date and nature of the illness or incapacity. Written notice and supporting documentation shall be addressed to the Director of the Division of Marine Fisheries, 3441 Arendell St., P.O. Box 769, Morehead City, NC 28557.

 

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 113-205; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 1997; March 1, 1995; March 1, 1994; October 1, 1992; September 1, 1991;

Temporary Amendment Eff. January 1, 2002; October 1, 2001;

Amended Eff. May 1, 2017; April 1, 2003.

 

15A NCAC 03o .0209      TRANSFER OF INTEREST

(a)  Within 30 days after transfer of ownership of all or any portion of interest in a shellfish lease or franchise, the new owner shall notify the Division, and provide the number of the lease or franchise and the county in which it is located.  Such notification shall be accompanied by a management plan prepared by the new owner in accordance with 15A NCAC 03O .0202(b).

(b)  If the new owner obtains a portion of an existing shellfish bottom lease or franchise, it shall not contain less than one-half acre and the required notification to the Division shall be accompanied by a survey prepared in accordance with the standards in 15A NCAC 03O .0203(d).

(c)  Within six months after transfer of ownership, the new owner shall complete shellfish cultivation lease training as specified in 15A NCAC 03O .0202(d).

(d)  Water column leases are not transferrable except when the Secretary approves such transfer in accordance with G.S. 113‑202.1(f) and G.S. 113‑202.2(f).

(e)  In the event the transferee involved in a lease is a nonresident, the Secretary must initiate termination proceedings.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 113‑205; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2011; March 1, 1994; September 1, 1991.

 

15A NCAC 03O .0210      SHELLFISH FRANCHISES

(a)  The resolution of claims filed under G.S. 113‑205 is governed by standards in Departmental Rules 15A NCAC 1G .0200 and .0300.  Following receipt of notification that a claim has a valid chain of title, the owner shall provide to the Division within 90 days a survey prepared in accordance with the standards in 15A NCAC 03O .0203(d).  Failure to provide the required survey within the time period specified will result in denial of the claim.

(b)  Acceptable management plans, prepared in accordance with the standards in 15A NCAC 03O .0202(b), shall be provided to the Division within 30 days following formal recognition of a valid chain of title and at ten‑year intervals thereafter.

(c)  The survey and management plan requirements in Paragraphs (a) and (b) of this Rule, and all other requirements and conditions of this Section affecting management of franchises, shall apply to all valid shellfish franchises recognized prior to September 1, 1989.

(d)  Commercial production requirements for franchises shall be identical to that required for leases in 15A NCAC 03O .0201(c)averaged over the most recent three‑year period after January 1 following the second anniversary of the dates of recognition of claims as valid shellfish franchises and continuing throughout the term of management plans required in Paragraph (b) of this Rule.  Annual reporting of commercial production shall be submitted upon receipt of forms provided by the Division for that purpose.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑205; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; September 1, 1991.

 

15A NCAC 03O .0211      PROTECTION OF PRIVATE SHELLFISH INTEREST

It is unlawful to use any trawl net, long haul seine, swipe net, dredge, or mechanical method for clams or oysters on any shellfish lease or franchise unless it has been duly authorized by the Fisheries Director as provided in 15A NCAC 3K .0206 and .0303.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑201;

Eff. October 1, 1992;

Amended Eff. August 1, 1998.

 

SECTION .0300 – RECREATIONAL COMMERCIAL GEAR LICENSES

 

15A NCAC 03O .0301      ELIGIBILITY FOR RECREATIONAL COMMERCIAL GEAR LICENSES

(a)  It is unlawful for any individual to hold more than one Recreational Commercial Gear License.

(b)  Recreational Commercial Gear Licenses shall only be issued to individuals.

 

History Note:        Filed as a Temporary Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 113‑134; 113-170.4; 113-173; 113-221; 143B-289.52;

Eff. February 1, 1995;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.

 

15A NCAC 03O .0302      AUTHORIZED GEAR

(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 greater than 100 feet with a mesh length less than 2 1/2  inches when deployed or retrieved without the use of a vessel or any other mechanical methods.  A vessel may be used only to transport the seine;

(2)           One shrimp trawl with a headrope not exceeding 26 feet in length per vessel.

(3)           With or without a vessel, five eel, fish, shrimp, or crab pots in any combination, except only two pots of the five may be eel pots. Peeler pots are not authorized for recreational purposes;

(4)           One multiple hook or multiple bait trotline up to 100 feet in length;

(5)           Gill Nets:

(A)          Not more than 100 yards of gill nets with a mesh length equal to or greater than 2 1/2  inches except as provided in (C) of this Subparagraph.  Attendance is required at all times;

(B)          Not more than 100 yards of gill nets with a mesh length equal to or greater than 5 1/2  inches except as provided in (C) of this Subparagraph.  Attendance is required when used from one hour after sunrise through one hour before sunset in internal coastal fishing waters east and north of the Highway 58 Bridge at Emerald Isle and in the Atlantic Ocean east and north of 77° 04.0000' W.  Attendance is required at all times in internal coastal fishing waters west and south of the Highway 58 Bridge at Emerald Isle and in the Atlantic Ocean west and south of 77° 04.0000' W; and

(C)          Not more than 100 yards of gill net may be used at any one time, except that when two or more Recreational Commercial Gear License holders are on board, a maximum of 200 yards may be used from a vessel;

(D)          It is unlawful to possess aboard a vessel more than 100 yards of gill nets with a mesh length less than 5 1/2 inches and more than 100 yards of gill nets with a mesh length equal to or greater than 5 1/2 inches identified as recreational commercial fishing equipment when only one Recreational Commercial Gear License holder is on board.  It is unlawful to possess aboard a vessel more than 200 yards of gill nets with a mesh length less than 5 1/2 inches and more than 200 yards of gill nets with a mesh length equal to or greater than 5 1/2 inches identified as recreational commercial fishing equipment when two or more Recreational Commercial Gear License holders are on board;

(6)           A hand-operated device generating pulsating electrical current for the taking of catfish in the area described in 15A NCAC 03J .0304;

(7)           Skimmer trawls not exceeding 26 feet in total combined width.

(8)           One pound net used to take shrimp with each lead 10 feet or less in length and with a minimum lead net mesh of 1 1/2 inches, and enclosures constructed of net mesh of 1 1/4 inches or greater and with all dimensions being 36 inches or less.  Attendance is required at all times and all gear must be removed from the water when not being fished. Gear is to be marked and set as specified in 15A NCAC 03J .0501.

(b)  It is unlawful to use more than the quantity of authorized gear specified in Subparagraphs (a)(1) through  (a)(8)of this Rule, regardless of the number of individuals aboard a vessel possessing a valid Recreational Commercial Gear License.

(c)  It is unlawful for a person to violate the restrictions of or use gear other than that authorized by Paragraph (a) of this Rule.

(d)  Unless otherwise provided, this Rule does not exempt Recreational Commercial Gear License holders from the provisions of other applicable rules of the Marine Fisheries Commission or provisions of proclamations issued by the Fisheries Director as authorized by the Marine Fisheries Commission.

 

History Note:        Authority G.S. 113‑134; 113-173;

Temporary Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. February 1, 1995;

Temporary Amendment Eff. August 1, 1999; July 1, 1999; 

Amended Eff. August 1, 2000;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. April 1, 2009; July 1, 2006; November 1, 2005; August 1, 2002.

 

15A NCAC 03O .0303      RECREATIONAL COMMERCIAL GEAR LICENSE POSSESSION LIMITS

(a)  It is unlawful to possess more than a single recreational possession limit when only one person aboard a vessel possesses a valid Recreational Commercial Gear License and recreational commercial fishing equipment as defined in 15A NCAC 03O .0302(a) is used, regardless of the number of persons on board.

(b)  It is unlawful to possess individual recreational possession limits in excess of the number of individuals aboard a vessel holding valid Recreational Commercial Gear Licences except as provided in Paragraph (f) of this Rule.

(c)  It is unlawful for any person who holds both a Recreational Commercial Gear License and a Standard or Retired Standard Commercial Fishing License and who is in possession of identified recreational commercial fishing equipment as defined in 15A NCAC 03O .0302(a), to exceed the single recreational possession limit.

(d)  It is unlawful for persons aboard a vessel collectively holding only one Recreational Commercial Gear License and any Standard Commercial Fishing License or Retired Standard Commercial Fishing License and who are in possession of any identified recreational commercial fishing equipment as defined in 15A NCAC 03O .0302(a), to exceed one recreational possession limit.

(e)  It is unlawful to possess more than 48 quarts, heads on, or 30 quarts, heads off, of shrimp when only one person aboard a vessel possesses a valid Recreational Commercial Gear License and recreational commercial fishing equipment as defined in 15A NCAC 03O .0302(a) is used.

(f)  It is unlawful to possess more than 96 quarts, heads on or 60 quarts, heads off, of shrimp if more than one person aboard a vessel possesses a valid Recreational Commercial Gear License and recreational commercial fishing equipment as defined in 15A NCAC 03O .0302(a) is used.

 

History Note:        Authority G.S. 113‑134; 113-170.4; 113-173; 143B-289.52;

Temporary Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. February 1, 1995;

Temporary Amendment Eff. June 7, 1998;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2006; August 1, 2000.

 

15A NCAC 03O .0304      CONSIDERATION OF APPEAL PETITIONS

15A NCAC 03O .0305      EMERGENCY LICENSES

15A NCAC 03O .0306      HARDSHIP LICENSES

15A NCAC 03O .0307      APPEALS PANEL FINAL DECISION

15A NCAC 03O .0308      OFFICIAL RECORD

15A NCAC 03O .0309      REASONS FOR REVOCATION

15A NCAC 03O .0310      TEMPORARY EMERGENCY VESSEL CRAB LICENSES

 

History Note:        Filed as a Temporary Adoption Eff. August 9, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 113‑134; 113‑153.1; 1993 (Regular Session 1994), c. 576, s. 3; 143B-289.52;

Eff. February 1, 1995;

Temporary Repeal Eff. July 1, 1999;

Repealed Eff. August 1, 2000.

 

SECTION .0400 – STANDARD COMMERCIAL LICENSE ELIGIBILITY

 

15A NCAC 03O .0401      ELIGIBILITY BOARD

(a)  The Chairman of the Marine Fisheries Commission, the Secretary of the Department of Environment and Natural Resources, and  the Director of the Division of Marine Fisheries may each name a designee and an alternate designee to serve on the Eligibility Board as their representative in their absence.

(b)  The Eligibility Board shall not review an application for eligibility without a quorum of the Eligibility Board members or designees being present.  Two or more members of the Eligibility Board or their designees constitute a quorum.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 1998-225, s. 4.24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000.

 

15A NCAC 03O .0402      APPLICATION PROCESS

(a)  Application forms for determination of eligibility for the Standard Commercial Fishing Licenses Eligibility Pool shall be available at all offices of the Division of Marine Fisheries and must be submitted to the Morehead City Office of the Division of Marine Fisheries for processing.

(b)  Only one application per individual for determination of eligibility for the Standard Commercial Fishing Licenses Eligibility Pool shall be accepted or may be pending at any one time.  An applicant may have only one entry in the eligibility pool at any one time.

(c)  Individuals who currently hold or are eligible to purchase a Standard or Retired Standard Commercial Fishing License shall not be eligible to apply for additional Standard Commercial Fishing Licenses through the Standard Commercial Fishing Licenses Eligibility Pool.

(d)  If an applicant has died or becomes ineligible and is subsequently selected from the eligibility pool, that license eligibility shall automatically revert to the eligibility pool.

(e)  Persons claiming retirement from commercial fishing or transferring their Standard Commercial Fishing License may not apply for pool eligibility for two years from the date of the last transfer except as provided in 15A NCAC 03O .0404(3).

(f)  Applicants shall notify the Division of Marine Fisheries within 30 days of a change of address.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 1998-225, s. 4:24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000;

Amended Eff. October 1, 2008; February 1, 2008.

 

15A NCAC 03O .0403      ELIGIBILITY BOARD REVIEW

(a)  After determination by the Eligibility Board, applicants will be notified in writing as to the applicant's meeting or not meeting required eligibility criteria for the Standard Commercial Fishing License Eligibility Pool.

(b)  The Marine Fisheries Commission shall determine the number of licenses available from the pool at their first scheduled meeting following July 1 of each year.

(c)  The Eligibility Board shall meet to review applications as often as deemed necessary by the Chairman of the Eligibility Board.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 1998-225, s. 4:24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000;

Amended Eff. February 1, 2008.

 

15A NCAC 03o .0404      ELIGIBILITY CRITERIA

In determining eligibility of an application for the Standard Commercial Fishing License Eligibility Pool, the Eligibility Board shall apply the following criteria:

(1)           Involvement in Commercial Fishing:

(a)           Significant involvement in the commercial fishing industry for three of the last five years; or

(b)           Significant involvement in commercial fishing or in the commercial fishing industry prior to the last five years; or

(c)           In the case of an applicant who is under 16 years of age, significant involvement in commercial fishing for two out of the last five years with a parent, legal guardian, grandparent or other adult; or

(d)           Significant involvement of the applicant's family in commercial fishing.  For the purpose of this Sub-item, family shall include mother, father, brother, sister, spouse, children, grandparents or legal guardian.

For the purposes of this Rule, significant involvement means persons or corporations who are engaged in the actual taking of fish for sale, from the waters of the State, or other states, jurisdictions, or federal waters, or any licensed dealer or the dealer's employees who purchases fish at the point of landing.  Significant involvement does not include activities such as those who transport fish from the point of landing; those who sell or make commercial or recreational fishing gear; those who operate bait and tackle shops unless they are engaged in the actual taking of bait for sale; or those who work in fish markets or crab picking operations.

(2)           Compliance with Applicable Laws and Regulations:

(a)           The applicant shall not have any licenses, endorsements or commercial fishing vessel registrations issued by the Division of Marine Fisheries or the right to hold such under suspension or revocation at the time of application or during the eligibility review; or

(b)           If selected for the Standard Commercial Fishing License Eligibility Pool, the applicant shall become ineligible for the Standard Commercial Fishing License Eligibility Pool if any licenses, endorsements or registrations or the right to hold such issued by the Division of Marine Fisheries are suspended or revoked; or

(c)           Four convictions within the last three years or the number of convictions which would cause suspension or revocation of license, endorsement, or registration within the last three years shall result in the application being denied; or

(d)           A record of habitual violations evidenced by eight or more convictions in the last 10 years shall result in the application being denied.

For purposes of eligibility for the Standard Commercial Fishing License Eligibility Pool, the term convictions shall include but not be limited to any conviction for violation of any provision of Chapter 113 of the North Carolina General Statutes and any rule implementing or authorized by such statutes; any conviction for violation of G.S. 76-40 and any rule implementing or authorized by such statute; any conviction of Chapter 75A of the North Carolina General Statutes and any rule implementing or authorized by such statutes; any conviction for violation of any provision of Article 7 of Chapter 143B of the North Carolina General Statutes and any rule implementing or authorized by such statutes; any conviction of resist, obstruct, or delay involving a Marine Patrol Officer or Wildlife Officer under G.S. 14-223; and any conviction involving assaultive behavior toward a Marine Patrol Officer or other governmental official of the Department of Environment and Natural Resources or the Wildlife Commission.

Applicants for the Standard Commercial Fishing License Eligibility Pool must provide certification that the applicant does not have four or more marine or estuarine resource violations during the previous three years.

(3)           The responsible party shall not have transferred a Standard Commercial Fishing License granted by the Eligibility Board.

(4)           All applicants for the Standard Commercial Fishing License Eligibility Pool must meet all other statutory eligibility requirements for the Standard Commercial Fishing License.

 

History Note:        Authority G.S. 113-134; 113-168.1; 113-168.2; 143B-289.52; S.L. 1998-225, s. 4.24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000;

Amended Eff. October 1, 2008; February 1, 2008.

 

15A NCAC 03O .0405      APPLICATION DOCUMENTATION

Documentation for applications:

(1)           Statements from individuals verifying the applicant=s involvement must contain the individual=s name, address and telephone number and must be notarized.

(2)           Proof of income derived from commercial fishing or the commercial fishing industry.  Proof of this income shall be tax records.

(3)           The extent to which the applicant has complied with federal and state laws, regulations, and rules relating to coastal fishing and protection of the environment.  Federal compliance will be verified by a notarized statement from the applicant that he has complied with federal laws.

(4)           All documents required by this Rule must be notarized.

(5)           Applications shall be legible and complete or they will be returned.

(6)           It is unlawful to submit false statements on applications or supporting documents.  If eligibility is based on false information provided by the applicant, this eligibility is automatically revoked.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 1998-225, s. 4.24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000.

 

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 his original application is correct and that he desires to remain in the Standard Commercial Fishing License Eligibility Pool.

(2)           A certification form shall be provided and mailed to the applicant at the last known address by the Division.

(3)           This certification, with any changes such as address, phone number, or updated fisheries involvement information since the last application or certification must be notarized and submitted to the Division within 12 months of the initial application and annually thereafter.

(4)           Failure to return certification that application is correct or with changes within 30 days shall result in the application being deleted from the Standard Commercial Fishing License Eligibility Pool.

(5)           An applicant that has been deleted from the Standard Commercial Fishing License Eligibility Pool shall receive a notice from the Division.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 1998-225, s. 4.24;

Temporary Adoption Eff. April 1, 1999;

Eff. August 1, 2000.

 

SECTION .0500 - PERMITS

 

15A NCAC 03O .0501      PROCEDURES AND REQUIREMENTS TO OBTAIN PERMITS

(a)  To obtain any Marine Fisheries permit, an applicant, responsible party, or person holding a power of attorney shall provide the following information:

(1)           the full name, physical address, mailing address, date of birth, and signature of the applicant on the application and, if the applicant is not appearing before a license agent or the designated Division contact, the applicant's signature on the application shall be notarized;

(2)           a current picture identification of applicant, responsible party, or person holding a power of attorney. Acceptable forms of picture identification are driver's license, North Carolina Identification card issued by the North Carolina Division of Motor Vehicles, military identification card, resident alien card (green card), or passport, or if applying by mail, a copy thereof;

(3)           for permits that require a list of designees, the full names and dates of birth of designees of the applicant who will be acting under the requested permit;

(4)           certification that the applicant and his designees do not have four or more marine or estuarine resource convictions during the previous three years;

(5)           for permit applications from business entities:

(A)          the business name;

(B)          the type of business entity: corporation, "educational institution" as defined in 15A NCAC 03I .0101, limited liability company (LLC), partnership, or sole proprietorship;

(C)          the name, address, and phone number of responsible party and other identifying information required by this Subchapter or rules related to a specific permit;

(D)          for a corporation applying for a permit in a corporate name, the current articles of incorporation and a current list of corporate officers;

(E)           for a partnership that is established by a written partnership agreement, a current copy of such agreement shall be provided when applying for a permit; and

(F)           for business entities other than corporations, copies of current assumed name statements if filed with the Register of Deeds office for the corresponding county and copies of current business privilege tax certificates, if applicable; and

(6)           additional information as required for specific permits.

(b)  A permittee shall hold a valid Standard or Retired Standard Commercial Fishing License in order to hold a:

(1)           Pound Net Permit;

(2)           Permit to Waive the Requirement to Use Turtle Excluder Devices in the Atlantic Ocean;

(3)           Atlantic Ocean Striped Bass Commercial Gear Permit; or

(4)           Permit for Weekend Trawling for Live Shrimp.

(A)          An individual who is assigned a Standard Commercial Fishing License is the individual required to hold a Permit for Weekend Trawling for Live Shrimp.

(B)          The master designated on the single vessel corporation Standard Commercial Fishing License is the individual required to hold the Permit for Weekend Trawling for Live Shrimp.

(c)  If mechanical methods to take shellfish are used, a permittee and his designees shall hold a valid Standard or Retired Standard Commercial Fishing License with a Shellfish Endorsement in order for a permittee to hold a:

(1)           Permit to Transplant Prohibited (Polluted) Shellfish;

(2)           Permit to Transplant Oysters from Seed Oyster Management Areas;

(3)           Permit to Use Mechanical Methods for Shellfish on Shellfish Leases or Franchises, except as provided in G.S. 113-169.2;

(4)           Permit to Harvest Rangia Clams from Prohibited (Polluted) Areas; or

(5)           Depuration Permit.

(d)  If mechanical methods to take shellfish are not used, a permittee and his designees shall hold a valid Standard or Retired Standard Commercial Fishing License with a Shellfish Endorsement or a Shellfish License in order for a permittee to hold a:

(1)           Permit to Transplant Prohibited (Polluted) Shellfish;

(2)           Permit to Transplant Oysters from Seed Oyster Management Areas;

(3)           Permit to Harvest Rangia Clams from Prohibited (Polluted) Areas; or

(4)           Depuration Permit.

(e)  A permittee shall hold a valid:

(1)           Fish Dealer License in the proper category in order to hold Dealer Permits for Monitoring Fisheries Under a Quota/Allocation for that category; and

(2)           Standard Commercial Fishing License with a Shellfish Endorsement, Retired Standard Commercial Fishing License with a Shellfish Endorsement, or a Shellfish License in order to harvest clams or oysters for depuration.

(f)  Aquaculture Operations/Collection Permits:

(1)           A permittee shall hold a valid Aquaculture Operation Permit issued by the Fisheries Director to hold an Aquaculture Collection Permit.

(2)           The permittee or designees shall hold appropriate licenses from the Division of Marine Fisheries for the species harvested and the gear used under the Aquaculture Collection Permit.

(g)  Atlantic Ocean Striped Bass Commercial Gear Permit:

(1)           An applicant for an Atlantic Ocean Striped Bass Commercial Gear Permit shall declare one of the following types of gear for an initial permit and at intervals of three consecutive license years thereafter:

(A)          a gill net;

(B)          a trawl net; or

(C)          a beach seine.

For the purpose of this Rule, a "beach seine" is defined as a swipe net constructed of multi-filament or multi-fiber webbing fished from the ocean beach that is deployed from a vessel launched from the ocean beach where the fishing operation takes place. Gear declarations shall be binding on the permittee for three consecutive license years without regard to subsequent annual permit issuance.

(2)           A person is not eligible for more than one Atlantic Ocean Striped Bass Commercial Gear Permit regardless of the number of Standard Commercial Fishing Licenses, Retired Standard Commercial Fishing Licenses, or assignments held by the person.

(h)  Applications submitted without complete and required information shall not be processed until all required information has been submitted. Incomplete applications shall be returned to the applicant with the deficiency in the application noted.

(i)  A permit shall be issued only after the application has been deemed complete by the Division of Marine Fisheries and the applicant certifies to abide by the permit general and specific conditions established under 15A NCAC 03J .0501, .0505, 03K .0103, .0104, .0107, .0111, .0401, 03O .0502, and .0503, as applicable to the requested permit.

(j)  In determining whether to issue, modify, or renew a permit, the Fisheries Director or his agent shall evaluate factors such as the following:

(1)           potential threats to public health or marine and estuarine resources regulated by the Marine Fisheries Commission;

(2)           the applicant's demonstration of a valid justification for the permit and a showing of responsibility; and

(3)           the applicant's history of fisheries violations evidenced by eight or more violations in 10 years.

(k)  The Division of Marine Fisheries shall notify the applicant in writing of the denial or modification of any permit request and the reasons therefor. The applicant may submit further information or reasons why the permit should not be denied or modified.

(l)  Permits are valid from the date of issuance through the expiration date printed on the permit. Unless otherwise established by rule, the Fisheries Director may establish the issuance timeframe for specific types and categories of permits based on season, calendar year, or other period based upon the nature of the activity permitted, the duration of the activity, compliance with federal or state fishery management plans or implementing rules, conflicts with other fisheries or gear usage, or seasons for the species involved. The expiration date shall be specified on the permit.

(m)  For permit renewals, the permittee's signature on the application shall certify all information as true and accurate. Notarized signatures on renewal applications shall not be required.

(n)  It is unlawful for a permit holder to fail to notify the Division of Marine Fisheries within 30 days of a change of name or address, in accordance with G.S. 113-169.2.

(o)  It is unlawful for a permit holder to fail to notify the Division of Marine Fisheries of a change of designee prior to use of the permit by that designee.

(p)  Permit applications are available at all Division Offices.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-169.2; 113-169.3; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. September 1, 2000; May 1, 2000;

Eff. April 1, 2001;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. May 1, 2017; May 1, 2015; April 1, 2011; April 1, 2009; July 1, 2008; December 1, 2007; September 1, 2005; April 1, 2003; August 1, 2002.

 

15A NCAC 03O .0502      PERMIT CONDITIONS; GENERAL

The following conditions apply to all permits issued by the Fisheries Director:

(1)           it is unlawful to operate under the permit except in areas, at times, and under conditions specified on the permit;

(2)           it is unlawful to operate under a permit without having the permit or copy thereof in possession of the permittee or his or her designees at all times of operation and the permit or copy thereof shall be ready at hand for inspection, except for Pound Net Permits;

(3)           it is unlawful to operate under a permit without having a current picture identification in possession and ready at hand for inspection;

(4)           it is unlawful to refuse to allow inspection and sampling of a permitted activity by an agent of the Division;

(5)           it is unlawful to fail to provide complete and accurate information requested by the Division in connection with the permitted activity;

(6)           it is unlawful to hold a permit issued by the Fisheries Director when not eligible to hold any license required as a condition for that permit as stated in 15A NCAC 03O .0501;

(7)           it is unlawful to fail to provide reports within the timeframe required by the specific permit conditions;

(8)           it is unlawful to fail to keep such records and accounts as required by the rules in this Chapter for determination of conservation policy, equitable and efficient administration and enforcement, or promotion of commercial or recreational fisheries;

(9)           it is unlawful to assign or transfer permits issued by the Fisheries Director, except for Pound Net Permits as authorized by 15A NCAC  03J .0504;

(10)         the Fisheries Director, or his agent, may, by conditions of the permit, specify any or all of the following for the permitted purposes:

(a)           species;

(b)           quantity or size;

(c)           time period;

(e)           location;

(d)           means and methods;

(f)            disposition of resources;

(g)           marking requirements; or

(h)           harvest conditions.

(11)         unless specifically stated as a condition on the permit, all statutes, rules and proclamations shall apply to the permittee and his or her designees; and

(12)         as a condition of accepting the permit from the Fisheries Director, the permittee agrees to abide by all conditions of the permit and agrees that if specific conditions of the permit, as identified on the permit, are violated or if false information was provided in the application for initial issuance, renewal or transfer, the permit may be suspended or revoked by the Fisheries Director.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001;

Amended Eff. April 1, 2009; September 1, 2005.

 

15A NCAC 03O .0503      PERMIT CONDITIONS; SPECIFIC

(a)  Horseshoe Crab Biomedical Use Permit:

(1)           It is unlawful to use horseshoe crabs for biomedical purposes without first obtaining a permit.

(2)           It is unlawful for persons who have been issued a Horseshoe Crab Biomedical Use Permit to fail to submit an annual report on the use of horseshoe crabs to the Division of Marine Fisheries due on February 1 of each year. Such reports shall be filed on forms provided by the Division and shall include a monthly account of the number of crabs harvested, statement of percent mortality up to the point of release, harvest method, number or percent of males and females, and disposition of bled crabs prior to release.

(3)           It is unlawful for persons who have been issued a Horseshoe Crab Biomedical Use Permit to fail to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab. The Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab is incorporated by reference including subsequent amendments and editions. Copies of this plan are available via the Internet from the Atlantic States Marine Fisheries Commission at http://www.asmfc.org/fisheries-management/program-overview and at the Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557 at no cost.

(b)  Dealers Permits for Monitoring Fisheries under a Quota/Allocation:

(1)           During the commercial season opened by proclamation or rule for the fishery for which a Dealers Permit for Monitoring Fisheries under a Quota/Allocation permit is issued, it is unlawful for the fish dealers issued such permit to fail to:

(A)          fax or send via electronic mail by noon daily, on forms provided by the Division, the previous day's landings for the permitted fishery to the dealer contact designated on the permit. Landings for Fridays or Saturdays shall be submitted on the following Monday. If the dealer is unable to fax or electronic mail the required information, the permittee shall call in the previous day's landings to the dealer contact designated on the permit.

(B)          submit the required form set forth in Part (b)(1)(A) of this Rule to the Division upon request or no later than five days after the close of the season for the fishery permitted;

(C)          maintain faxes and other related documentation in accordance with 15A NCAC 03I .0114;

(D)          contact the dealer contact designated on the permit daily regardless of whether or not a transaction for the fishery for which a dealer is permitted occurred; and

(E)           record the permanent dealer identification number on the bill of lading or receipt for each transaction or shipment from the permitted fishery.

(2)           Striped Bass Dealer Permit:

(A)          It is unlawful for a fish dealer to possess, buy, sell, or offer for sale striped bass taken from the following areas without first obtaining a Striped Bass Dealer Permit validated for the applicable harvest area:

(i)            Atlantic Ocean;

(ii)           Albemarle Sound Management Area as designated in 15A NCAC 03R .0201; and

(iii)          the Joint and Coastal Fishing Waters of the Central/Southern Management Area as designated in 15A NCAC 03R .0201.

(B)          No permittee shall possess, buy, sell, or offer for sale striped bass taken from the harvest areas opened by proclamation without having a North Carolina Division of Marine Fisheries issued valid tag for the applicable area affixed through the mouth and gill cover, or, in the case of striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin. North Carolina Division of Marine Fisheries striped bass tags shall not be bought, sold, offered for sale, or transferred. Tags shall be obtained at the North Carolina Division of Marine Fisheries Offices. The Division of Marine Fisheries shall specify the quantity of tags to be issued based on historical striped bass landings. It is unlawful for the permittee to fail to surrender unused tags to the Division upon request.

(3)           Albemarle Sound Management Area for River Herring Dealer Permit: It is unlawful to possess, buy, sell, or offer for sale river herring taken from the Albemarle Sound Management Area for River Herring as defined in 15A NCAC 03R .0202 without first obtaining an Albemarle Sound Management Area for River Herring Dealer Permit.

(4)           Atlantic Ocean Flounder Dealer Permit:

(A)          It is unlawful for a fish dealer to allow vessels holding a valid License to Land Flounder from the Atlantic Ocean to land more than 100 pounds of flounder from a single transaction at their licensed location during the open season without first obtaining an Atlantic Ocean Flounder Dealer Permit. The licensed location shall be specified on the Atlantic Ocean Flounder Dealer Permit and only one location per permit shall be allowed.

(B)          It is unlawful for a fish dealer to possess, buy, sell, or offer for sale more than 100 pounds of flounder from a single transaction from the Atlantic Ocean without first obtaining an Atlantic Ocean Flounder Dealer Permit.

(5)           Black Sea Bass North of Cape Hatteras Dealer Permit: It is unlawful for a fish dealer to purchase or possess more than 100 pounds of black sea bass taken from the Atlantic Ocean north of Cape Hatteras (35° 15.0321' N) per day per commercial fishing operation during the open season unless the dealer has a Black Sea Bass North of Cape Hatteras Dealer Permit.

(6)           Spiny Dogfish Dealer Permit: It is unlawful for a fish dealer to purchase or possess more than 100 pounds of spiny dogfish per day per commercial fishing operation unless the dealer has a Spiny Dogfish Dealer Permit.

(c)  Blue Crab Shedding Permit: It is unlawful to possess more than 50 blue crabs in a shedding operation without first obtaining a Blue Crab Shedding Permit from the Division of Marine Fisheries.

(d)  Permit to Waive the Requirement to Use Turtle Excluder Devices in the Atlantic Ocean:

(1)           It is unlawful to trawl for shrimp in the Atlantic Ocean without Turtle Excluder Devices installed in trawls within one nautical mile of the shore from Browns Inlet (34° 35.7000' N latitude) to Rich's Inlet (34° 17.6000' N latitude) without a valid Permit to Waive the Requirement to Use Turtle Excluder Devices in the Atlantic Ocean when allowed by proclamation as set forth in 15A NCAC 03I .0107 from April 1 through November 30.

(2)           It is unlawful to tow a shrimp trawl net for more than 55 minutes from April 1 through October 31 and 75 minutes from November 1 through November 30 in the area described in Subparagraph (d)(1) of this Rule when working under this permit. Tow time begins when the doors enter the water and ends when the doors exit the water.

(3)           It is unlawful to fail to empty the contents of each net at the end of each tow.

(4)           It is unlawful to refuse to take observers upon request by the Division of Marine Fisheries or the National Oceanic and Atmospheric Administration Fisheries.

(5)           It is unlawful to fail to report any sea turtle captured. Reports shall be made within 24 hours of the capture to the Marine Patrol Communications Center by phone. All turtles taken incidental to trawling shall be handled and resuscitated in accordance with requirements specified in 50 Code of Federal Regulations (CFR) 223.206. 50 CFR 223.206 is hereby incorporated by reference, including subsequent amendments and editions. A copy of the reference materials can be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=9088932317c242b91d6a87a47b6bda54&mc=true&tpl=/ecfrbrowse/Title50/50tab_02.tpl free of charge.

(e)  Pound Net Set Permit: Rule 15A NCAC 03J .0505 sets forth the specific conditions for pound net set permits.

(f)  Aquaculture Operation Permit and Aquaculture Collection Permit:

(1)           It is unlawful to conduct aquaculture operations utilizing marine and estuarine resources without first securing an Aquaculture Operation Permit from the Fisheries Director.

(2)           It is unlawful:

(A)          to take marine and estuarine resources from Coastal Fishing Waters for aquaculture purposes without first obtaining an Aquaculture Collection Permit from the Fisheries Director;

(B)          to sell, or use for any purpose not related to North Carolina aquaculture, marine and estuarine resources taken under an Aquaculture Collection Permit; and

(C)          to fail to submit to the Fisheries Director an annual report due on December 1 of each year on the form provided by the Division the amount and disposition of marine and estuarine resources collected under authority of an Aquaculture Collection Permit.

(3)           Lawfully permitted shellfish relaying activities authorized by 15A NCAC 03K .0103 and .0104 are exempt from requirements to have an Aquaculture Operation Permit or Aquaculture Collection Permit issued by the Fisheries Director.

(4)           Aquaculture Operation Permits and Aquaculture Collection Permits shall be issued or renewed on a calendar year basis.

(5)           It is unlawful to fail to provide the Division of Marine Fisheries with a listing of all designees acting under an Aquaculture Collection Permit at the time of application.

(g)  Scientific or Educational Activity Permit:

(1)           It is unlawful for institutions or agencies seeking exemptions from license, rule, proclamation, or statutory requirements to collect, hold, culture, or exhibit for scientific or educational purposes any marine or estuarine species without first obtaining a Scientific or Educational Activity Permit.

(2)           The Scientific or Educational Activity Permit shall only be issued for collection methods and possession allowances approved by the Division of Marine Fisheries.

(3)           The Scientific or Educational Activity Permit shall only be issued for approved activities conducted by or under the direction of Scientific or Educational institutions as defined in Rule 15A NCAC 03I .0101.

(4)           It is unlawful for the responsible party issued a Scientific or Educational Activity Permit to fail to submit an annual report on collections and, if authorized, sales to the Division of Marine Fisheries due on December 1 of each year unless otherwise specified on the permit. The reports shall be filed on forms provided by the Division. Scientific or Educational Activity permits shall be issued on a calendar year basis.

(5)           It is unlawful to sell marine or estuarine species taken under a Scientific or Educational Activity Permit without:

(A)          the required license for such sale;

(B)          an authorization stated on the permit for such sale; and

(C)          providing the information required in Rule 15A NCAC 03I .0114 if the sale is to a licensed fish dealer.

(6)           It is unlawful to fail to provide the Division of Marine Fisheries a listing of all designees acting under a Scientific or Educational Activity Permit at the time of application.

(7)           The permittee or designees utilizing the permit shall call the Division of Marine Fisheries Communications Center at 800-682-2632 or 252-726-7021 not later than 24 hours prior to use of the permit, specifying activities and location.

(h)  Under Dock Oyster Culture Permit:

(1)           It is unlawful to cultivate oysters in containers under docks for personal consumption without first obtaining an Under Dock Oyster Culture Permit.

(2)           An Under Dock Oyster Culture Permit shall be issued only in accordance with provisions set forth in G.S. 113-210(c).

(3)           The applicant shall complete and submit an examination, with a minimum of 70 percent correct answers, based on an educational package provided by the Division of Marine Fisheries pursuant to G.S. 113-210(j). The examination demonstrates the applicant's knowledge of:

(A)          the application process;

(B)          permit criteria;

(C)          basic oyster biology and culture techniques;

(D)          shellfish harvest area closures due to pollution;

(E)           safe handling practices;

(F)           permit conditions; and

(G)          permit revocation criteria.

(4)           Action by an Under Dock Oyster Culture Permit holder to encroach on or usurp the legal rights of the public to access public trust resources in Coastal Fishing Waters shall result in permit revocation.

(i)  Atlantic Ocean Striped Bass Commercial Gear Permit:

(1)           It is unlawful to take striped bass from the Atlantic Ocean in a commercial fishing operation without first obtaining an Atlantic Ocean Striped Bass Commercial Gear Permit.

(2)           It is unlawful to use a single Standard Commercial Fishing License, including assignments, to obtain more than one Atlantic Ocean Striped Bass Commercial Gear Permit during a license year.

(j)  Coastal Recreational Fishing License Exemption Permit:

(1)           It is unlawful for the responsible party seeking exemption from recreational fishing license requirements for eligible individuals to conduct an organized fishing event held in Joint or Coastal Fishing Waters without first obtaining a Coastal Recreational Fishing License Exemption Permit.

(2)           The Coastal Recreational Fishing License Exemption Permit shall only be issued for recreational fishing activity conducted solely for the participation and benefit of one of the following groups of eligible individuals:

(A)          individuals with physical or mental limitations;

(B)          members of the United States Armed Forces and their dependents, upon presentation of a valid military identification card;

(C)          individuals receiving instruction on recreational fishing techniques and conservation practices from employees of state or federal marine or estuarine resource management agencies, or instructors affiliated with educational institutions; and

(D)          disadvantaged youths as set forth in U.S. Code 42 12511.

For purposes of this Paragraph, educational institutions include high schools and other secondary educational institutions.

(3)           The Coastal Recreational Fishing License Exemption Permit is valid for the date, time, and physical location of the organized fishing event for which the exemption is granted and the duration of the permit shall not exceed one year from the date of issuance.

(4)           The Coastal Recreational Fishing License Exemption Permit shall only be issued when all of the following, in addition to the information required in 15A NCAC 03O .0501, is submitted to the Fisheries Director, in writing, at least 30 days prior to the event:

(A)          the name, date, time, and physical location of the event;

(B)          documentation that substantiates local, state, or federal involvement in the organized fishing event, if applicable;

(C)          the cost or requirements, if any, for an individual to participate in the event; and

(D)          an estimate of the number of participants.

(k)  Permit for Weekend Trawling for Live Shrimp:

(1)           It is unlawful to take shrimp with trawls from 9:00 p.m. on Friday through 12:00 p.m. (noon) on Saturday without first obtaining a Permit for Weekend Trawling for Live Shrimp.

(2)           It is unlawful for a holder of a Permit for Weekend Trawling for Live Shrimp to use trawls from 12:01 p.m. on Saturday through 4:59 p.m. on Sunday.

(3)           It is unlawful for a permit holder during the timeframe specified in Subparagraph (k)(1) of this Rule to:

(A)          use trawl nets to take live shrimp except from areas open to the harvest of shrimp with trawls;

(B)          take shrimp with trawls that have a combined headrope length of greater than 40 feet in Internal Coastal Waters;

(C)          possess more than one gallon of dead shrimp (heads on) per trip;

(D)          fail to have a functioning live bait tank or a combination of multiple functioning live bait tanks with aerator(s) and/or circulating water, with a minimum combined tank capacity of 50 gallons; and

(E)           fail to call the Division of Marine Fisheries Communications Center at 800-682-2632 or 252-726-7021 prior to each weekend use of the permit, specifying activities and location.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-169.3; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. September 1, 2000; August 1, 2000; May 1, 2000;

Eff. April 1, 2001;

Amended Eff. May 1, 2017; May 1, 2015; April 1, 2014; April 1, 2009; July 1, 2008; January 1, 2008; September 1, 2005; October 1, 2004; August 1, 2004; August 1, 2002.

 

15a ncac 03o .0504      SUSPENSION/REVOCATION OF PERMITS

(a)  For violation of specific permit conditions (as specified on the permit), permits may be suspended or revoked according to the following schedule:

(1)           violation of one specific condition in a three year period, permit shall be suspended for 10 days;

(2)           violation of two specific conditions in a three year period, permits shall be suspended for 30 days;

(3)                violation of three specific conditions in a three year period, permits shall be revoked for a period not less than six months.

If the permit condition violated is the refusal to provide information upon request by Division staff, either by telephone, in writing or in person, the Fisheries Director may suspend the permit.  Such permit may be reinstated 10 days after the requested information is provided.

(b)  All permits will be suspended or revoked when the permittee's license privilege has been suspended or revoked as set out in G.S. 113-171.  The duration of the suspension or revocation shall be the same as the license suspension or revocation.  In the event the person makes application for a new permit during any period of license suspension, no new permit will be issued during the suspension period.  In case of revocation of license privileges, the minimum waiting period before application for a new permit to be considered will be six months.

(c)  Permit designees shall not be permitted to participate in a permit operation during any period they are under license suspension or revocation.

(d)  Upon service of a notice of suspension or revocation of a permit, it is unlawful to fail to surrender any permit so suspended or revoked.

 

History Note:        Authority G.S. 113-134; 143B-289.52; S.L. 2010-145;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001.

 

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. 113-134; 113-170.3; 113-182; 113-221; 143B-289.52;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001.

 

 

 

subchapter 03p - HEARING PROCEDURES

 

SECTION .0100 - HEARING PROCEDURES

 

15A NCAC 03P .0101       LICENSE, PERMIT, OR CERTIFICATE DENIAL: REQUEST FOR REVIEW

(a)  For the purpose of this Rule and in accordance with G.S. 150B-2, "license" includes "permit" as well as "certification" and "certificate of compliance."

(b)  Except in cases where G.S. 113‑171 is applicable, before the Division may commence proceedings for suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a license, notice shall be given to the license holder that:

(1)           the license holder has a right, through filing a request for a contested case hearing in the Office of Administrative Hearings, to a hearing before an administrative law judge and a final agency decision by the Marine Fisheries Commission; and

(2)           the license holder may request an opportunity to show compliance with all requirements for retention of the license by submitting a statement in writing to the personnel designated in the notice to commence proceedings.

(c) Any statements submitted by the license holder to show compliance with all requirements for retention of the license shall be postmarked within 15 days of receipt of the notice to commence proceedings. Statements and any supporting documentation shall be addressed to the personnel designated in the notice and mailed to the Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557.

(d)  Upon receipt of a statement and any supporting documentation from the license holder, the Division shall review the statement and, within 15 days, shall notify the license holder in writing with the Division's determination whether the license holder demonstrated compliance with all requirements for retention of the license. In making this determination, the Division may consider criteria including material changes made enabling the license holder to conduct the operations for which the license is held in accord with all applicable laws and rules and processing errors made by the Division.

(e)  The Division shall order summary suspension of a license if it finds that the public health, safety, or welfare requires emergency action. Upon such determination, the Fisheries Director shall issue an order giving the reasons for the emergency action. The effective date of the order shall be the date specified on the order or the date of service of a certified copy of the order at the last known address of the license holder, whichever is later.

 

History Note:        Authority G.S. 113‑134; 113‑171; 113-221.2; 150B-3; 150B‑23;

Eff. January 1, 1991;

Amended Eff. May 1, 2017; August 1, 1999.

 

15A NCAC 03P .0102       CONTESTED CASE HEARING PROCEDURES

Administrative hearings shall be held in accordance with G.S. 150B, and the administrative hearing procedures codified at 15A NCAC 1B .0200.

 

History Note:        Authority G.S. 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 1999.

 

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.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-4;

Eff. April 1, 1999.

 

15A NCAC 03P .0202       PROCEDURE FOR REQUESTING DECLARATORY RULINGS

(a)  All requests for a declaratory ruling shall be filed in writing with the Director of the Division of Marine Fisheries, Department of Environment and Natural Resources (DENR), P.O. Box 769, Morehead City, North Carolina 28557.  All requests shall include the following: the aggrieved person's name and address; the rule, statute or order upon which a ruling is desired; a concise statement as to whether the request is for a ruling on the validity of a rule or on the applicability of a rule, order or statute to a given factual situation; arguments or data which demonstrate that the petitioner is aggrieved by the rule or statute or its potential application to him; a statement of the consequences of a failure to issue a declaratory ruling in favor of the petitioner; and a statement of whether an oral argument is desired, and, if so, the reasons for requesting such an oral argument.

(b)  A request for a ruling on the applicability of a rule, order, or statute must include a description of the factual situation on which the ruling is to be based.  A request for a ruling on the validity of a Commission rule must state the aggrieved person=s reasons for questioning the validity of the rule.  A person may ask for both types of rulings in a single request.  A request for a ruling must include or be accompanied by:

(1)           a statement of the facts proposed for adoption by the Commission; and

(2)           a draft of the proposed ruling.

(c)  Before deciding the merits of the request, the Commission may:

(1)           request additional written submissions from petitioner(s);

(2)           request a written response from the Division staff or any other person; or

(3)           hear oral argument from the petitioner(s) and Division staff.

(d)  Unless the Division waives the opportunity to be heard, it shall be a party to any request for declaratory ruling.  Upon written request, the requesting party and the Division may each be allowed to present oral arguments to the Commission at a regularly scheduled meeting.  Neither party may offer testimony or conduct cross-examination before the Commission.  The declaratory ruling shall be determined on the basis of the statement of facts submitted by the parties.

(e)  Whenever the Commission believes "for good cause" that the issuance of a declaratory ruling is undesirable, the Commission may refuse to issue such ruling.  The Commission shall notify in writing the person requesting the ruling, stating the reasons for the refusal to issue a ruling on the request.

(f)  For purposes of Paragraph (e) of this Rule, the Commission shall ordinarily refuse to issue a ruling on a request for declaratory ruling on finding that:

(1)           the petitioner(s) and the Division cannot agree on a set of facts sufficient to support a meaningful ruling;

(2)           there has been a similar determination in a previous contested case or declaratory ruling;

(3)           the matter is the subject of a pending contested case hearing or litigation in any North Carolina or federal court; or

(4)           no genuine controversy exists as to the application of a statute or rule to the factual situation presented.

(g)  The Commission shall keep a record of each declaratory ruling, which shall include at a minimum the following items:

(1)           the request for a ruling;

(2)           any written submissions by the parties;

(3)           the statement of facts on which the ruling was based;

(4)           any transcripts of oral proceedings, or, in the absence of a transcript, a summary of all arguments;

(5)           any other matter considered by the Commission in making the decision; and

(6)           the declaratory ruling, or the decision to refuse to issue a declaratory ruling, together with the reasons therefore.

(h)  A declaratory ruling is binding on the Commission and the person requesting it unless it is altered or set aside by the court.  The Commission may not retroactively change a declaratory ruling, but nothing in this Section prevents the Commission from prospectively changing a ruling.

(i)  Unless the requesting party consents to the delay, failure of the Commission to issue a ruling on the merits or deny the request within 60 days of receipt of the request for such ruling shall constitute a denial of the request as well as a denial of the merits of the request and shall be subject to judicial review.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-4;

Eff. April 1, 1999.

 

15A NCAC 03P .0203       DEFINITION

For purposes of Rule .0202 of this Section, a declaratory ruling shall be deemed to be "in effect" until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Commission changes the declaratory ruling prospectively for good reasons; until any court sets aside the ruling in litigation between the Commission or Department of Environment and Natural Resources and the party requesting the rule; or until any court of the Appellate Division of the General Court of Justice shall construe the statute or rule which is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-4;

Eff. April 1, 1999.

 

SECTION .0300 - PETITIONS FOR RULEMAKING

 

15A NCAC 03P .0301       FORM AND CONTENTS OF PETITION

(a)  Any person wishing to request the adoption, amendment, or repeal of a rule of the Marine Fisheries Commission (hereinafter referred to as the Commission) shall make his request in a written petition addressed to the Chairman of the Marine Fisheries Commission and submitted to the Commission staff at:

Marine Fisheries Commission

Division of Marine Fisheries

PO Box 769

Morehead City, North Carolina 28557.

(b)           The petition shall contain the following information:

(1)           the text of the proposed rule(s);

(2)           the statutory authority for the agency to promulgate the rule(s);

(3)           a statement of the reasons for adoption of the proposed rule(s);

(4)           a statement of the effect on existing rules;

(5)           copies of any documents and data supporting the proposed rule(s);

(6)           a statement of the effect of the proposed rule(s) on existing practices in the area involved, including an estimate of cost factors for persons affected by the proposed rule(s);

(7)           a description of those most likely to be affected by the proposed rule(s); and

(8)           the name(s) and address(es) of the petitioner(s).

(c)  When petitions and supporting documents and data exceed 10 pages in length, 15 copies of the entire petition and any attachments shall be submitted.

(d)  Petitions failing to contain the required information shall be returned by the Marine Fisheries Commission Chairman.

 

History Note:        Authority G.S. 113‑134; 113-182; 113-182.1; 113-201; 143B‑289.51; 143B-289.52; 150B-20;

Eff. April 1, 1999.

 

15A NCAC 03P .0302       REVIEW BY A COMMITTEE OF THE COMMISSION

(a)  The Marine Fisheries Commission Chairman may refer duly submitted petitions to the appropriate standing advisory committee(s) or other advisory committee(s) of the Commission for review and recommended action.  Copies of petitions for rulemaking shall be distributed to the Commission members when referred to a committee of the Commission.

(b)  The Chairman of the Committee assigned to review a submitted petition for rulemaking shall announce the date of a meeting to consider the petition within 10 days of the assignment of the petition.

(c)  At least 15 days before the Committee meeting, the Committee Chairman shall send notice of the Committee meeting to the petitioner, members of the Commission, and persons who have requested notice of petitions for rulemaking.

(d)  The petitioner shall be afforded the opportunity to present the petition for rulemaking to the Committee.  The Director, through staff, may make a presentation to the Committee.

(e)  Interested persons must request the opportunity to make a presentation to the Committee(s) through the Committee(s) chair(s).  The request shall:

(1)           state the interest of the person,

(2)           the person=s position on the petition for rulemaking, and

(3)           be accompanied by supporting materials.

The Chairman of the Committee will determine whether additional interested persons make oral presentations before the Committee.

(f)  The Chairman of the Committee will determine whether a public meeting should be conducted by the Committee before it makes a recommendation on the petition for rulemaking.

(g)  During the Committee=s review, members of the Commission, other than Committee members, who are present may participate as a member of the Committee in discussions of the petition but may not vote on the recommended action on the petition.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-20;

Eff. April 1, 1999.

 

15A NCAC 03P .0303       PRESENTATION TO THE COMMISSION

(a)  Petitions for rulemaking, when deemed complete by the Marine Fisheries Commission Chairman, shall be presented to the Marine Fisheries Commission for its consideration and determination at the next regularly scheduled meeting of the Commission.

(b)  Within 120 days following submission of the petition requesting rulemaking, the Marine Fisheries Commission shall:

(1)           initiate rulemaking proceedings in accordance with G.S. 150B-20 and notify the person(s) who submitted the petition of the decision in writing; or

(2)           deny the petition in writing, stating the reason or reasons for the denial, and send the written denial to the person(s) who submitted the petition.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.51; 150B-20;

Eff. April 1, 1999.

 

15A NCAC 03P .0304       RECOURSE TO DENIAL OF THE PETITION

If the Marine Fisheries Commission denies the petition for rulemaking, the petitioner(s) may seek judicial review of the denial under G.S. 150B, Article 4 of Chapter 150B of the General Statutes.

 

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.51; 150B-20;

Eff. April 1, 1999.

 

 

 

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. 113-134; 113-170.3; 113-182; 113-221; 143B-289.52;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

SUBCHAPTER 3Q ‑ 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 waters and joint fishing waters.  These rules are adopted jointly by the Marine Fisheries Commission and the Wildlife Resources Commission.  In addition to the classification of the waters of the state these joint rules set forth guidelines to determine which fishing activities in joint waters are regulated by the Marine Fisheries Commission and which are regulated by the Wildlife Resources Commission.  Finally, the joint rules set forth special fishing regulations applicable in joint waters that can be enforced by officers of the Division of Marine Fisheries and the Wildlife Resources Commission.  These regulations do not affect the jurisdiction of the Marine Fisheries Commission and the Wildlife Resources Commission in any matters other than those specifically set out.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991.

 

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 agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission.  All waters which are tributary to inland fishing waters and which are not otherwise designated by agreement between the Marine Fisheries Commission and the Wildlife Resources Commission are inland fishing waters.  The regulation and licensing of fishing in inland fishing waters is under the jurisdiction of the Wildlife Resources Commission.  Regulations and laws administered by the Wildlife Resources Commission regarding fishing in inland fishing waters are enforced by wildlife enforcement officers.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991.

 

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 Wildlife Resources Commission.  All waters which are tributary to coastal fishing waters and which are not otherwise designated by agreement between the Marine Fisheries Commission and the Wildlife Resources Commission are coastal fishing waters.  The regulations and licensing of fishing in coastal fishing waters is under the jurisdiction of the Marine Fisheries Commission; except that inland game fish (exclusive of spotted seatrout, weakfish, and striped bass) are subject to regulations by the Wildlife Resources Commission in coastal fishing waters.  Regulations and laws administered by the Marine Fisheries Commission regarding fishing in coastal waters are enforced by fisheries enforcement officers.  Regulations regarding inland game fish in coastal fishing waters are enforced by wildlife enforcement officers unless otherwise agreed to by the Wildlife Resources Commission.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03Q .0104      JOINT FISHING WATERS

Joint fishing waters are those coastal fishing waters, hereinafter set out, 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 which are tributary to joint fishing waters and which are not otherwise designated by agreement between the Marine Fisheries Commission and the Wildlife Resources Commission are classified as joint fishing waters.  The regulation and licensing of fishing in joint waters shall be as stated in 15A NCAC 3Q .0106.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991.

 

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 waters, coastal fishing waters, or joint fishing waters shall be marked with signs in so far as may be practicable.  Unmarked and undesignated tributaries shall have the same classification as the designated waters to which they connect or into which they flow.  No unauthorized removal or relocation of any such marker shall have the effect of changing the classification of any body of water or portion thereof, nor shall any such unauthorized removal or relocation or the absence of any marker affect the applicability of any regulation pertaining to any such body of water or portion thereof.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991.

 

15A NCAC 03Q .0106      APPLICABILITY OF RULES: JOINT WATERS

(a)  All coastal fishing laws and regulations administered by the Department of Environment and Natural Resources and the Marine Fisheries Commission apply to joint waters except as otherwise provided, and shall be enforced by fisheries enforcement officers.

(b)  The following inland fishing laws and regulations administered by the Wildlife Resources Commission apply to joint waters and shall be enforced by wildlife enforcement officers:

(1)           all laws and regulations pertaining to inland game fishes,

(2)           all laws and regulations pertaining to inland fishing license requirements for hook and line fishing,

(3)           all laws and regulations pertaining to hook and line fishing except as hereinafter provided.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 1999.

 

15A NCAC 03Q .0107      SPECIAL REGULATIONS: JOINT WATERS

In order to effectively manage all fisheries resources in joint waters and in order to confer enforcement powers on both fisheries enforcement officers and wildlife enforcement officers with respect to certain rules, the Marine Fisheries Commission and the Wildlife Resources Commission deem it necessary to adopt special rules for joint waters.  Such rules supersede any inconsistent rules of the Marine Fisheries Commission or the Wildlife Resources Commission that would otherwise be applicable in joint waters under the provisions of 15A NCAC 03Q .0106:

(1)           Striped Bass

(a)           It is unlawful to possess any striped bass or striped bass hybrid that is less than 18 inches long (total length).

(b)           It is unlawful to possess striped bass or striped bass hybrids between the lengths of 22 and 27 inches (total length) in joint fishing waters of the Central Southern Management Area as designated in 15A NCAC 03R .0201.

(c)           It is unlawful to possess striped bass or striped bass hybrids May through September in the joint fishing waters of the Central Southern Management Area and the Albemarle Sound Management Area.

(d)           It is unlawful to possess striped bass or striped bass hybrids taken from the joint fishing waters of the Cape Fear River.

(e)           It is unlawful to possess more than one daily creel limit of striped bass or striped bass hybrids, in the aggregate, per person per day, regardless of the number of management areas fished. 

(f)            Possession of fish shall be assessed for the creel and size limits of the management area in which the individual is found to be fishing, regardless of the size or creel limits for other management areas visited by that individual in a given day.

(g)           It is unlawful to engage in net fishing for striped bass or striped bass hybrids in joint waters except as authorized by rules of the Marine Fisheries Commission.

(2)           Lake Mattamuskeet:

(a)           It is unlawful to set or attempt to set any gill net in Lake Mattamuskeet canals designated as joint waters.

(b)           It is unlawful to use or attempt to use any trawl net or seines in Lake Mattamuskeet canals designated as joint waters.

(3)           Cape Fear River.  It is unlawful to use or attempt to use any net, net stakes or electrical fishing device within 800 feet of the dam at Lock No.1 on the Cape Fear River.

(4)           Shad:  It is unlawful to possess more than 10 American shad or hickory shad, in the aggregate, per person per day taken by hook-and-line.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 1993; November 1, 1991;

Temporary Amendment Eff. May 1, 2000;

Amended Eff. July 1, 2008; September 1, 2005; April 1, 2001; August 1, 2000.

 

15A NCAC 03Q .0108      MANAGEMENT RESPONSIBILITY FOR ESTUARINE STRIPED BASS IN JOINT WATERS

(a)  The management areas for estuarine striped bass fisheries in coastal North Carolina are designated in 15A NCAC 03R .0201.

(b)  In order to effectively manage the recreational hook and line harvest in joint waters of the Albemarle Sound-Roanoke River stock of striped bass, the Marine Fisheries Commission and the Wildlife Resources Commission deem it necessary to establish two management areas; the Albemarle Sound Management Area and the Roanoke River Management Area as designated in 15A NCAC 03R .0201.  The Wildlife Resources Commission shall have principal management responsibility for the stock when it is in the joint and inland fishing waters of the Roanoke River Management Area.  The Marine Fisheries Commission shall have principal management responsibility for the stock in the coastal, joint and inland waters of the Albemarle Sound Management Area.  The annual quota for recreational harvest of the Albemarle-Roanoke striped bass stock shall be divided equally between the two management areas.  Each commission shall implement management actions for recreational harvest within their respective management areas that will be consistent with the North Carolina Estuarine Striped Bass Fishery Management Plan. 

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2004; September 1, 1991.

 

15A NCAC 03Q .0109      IMPLEMENTATION OF ESTUARINE STRIPED BASS MANAGEMENT PLANS: RECREATIONAL FISHING

The Marine Fisheries and Wildlife Resources Commissions shall implement their respective striped bass management actions for recreational fishing pursuant to their respective rule-making powers.  To preserve jurisdictional authority of each Commission, the following means are established through which management measures can be implemented by a single instrument in the following management areas:

(1)           In the Roanoke River Management Area, the exclusive authority to open and close seasons and areas, and establish size and creel limits whether inland or joint fishing waters shall be vested in the Wildlife Resources Commission.  An instrument closing any management area in joint waters shall operate as and shall be a jointly issued instrument opening or closing seasons or areas to harvest in the Roanoke River management area.

(2)           In the Albemarle Sound Management Area, the exclusive authority to open and close seasons and areas and establish size and creel limits, whether coastal or joint fishing waters shall be vested in the Marine Fisheries Commission.  The season shall close by proclamation if the quota is about to be exceeded.  In the Albemarle Sound Management Area administered by the Marine Fisheries Commission, a proclamation affecting the harvest in joint and coastal waters, excluding the Roanoke River Management Area, shall automatically be implemented and effective as a Wildlife Resources Commission action in the inland waters and tributaries to the waters affected.

 

History Note:        Authority G.S. 113‑132; 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2004; September 1, 1991.

 

SECTION .0200 ‑ BOUNDARY LINES: COASTAL‑JOINT‑INLAND FISHING WATERS

 

15a ncac 03q .0201      SPECIFIC CLASSIFICATION OF WATERS

The boundary lines of internal coastal waters which are specifically classified as inland, joint, or coastal fishing waters by agreement of the Marine Fisheries Commission and the Wildlife Resources Commission are described in 15A NCAC 03Q .0202 under the coastal counties in which such waters or portions thereof are located. Indentation indicates the waterbody named is tributary to the next preceding waterbody named and not so indented. The specific classification applies to the main stem of the described waterbody. A waterbody that is not specifically classified as inland, joint, or coastal fishing waters in 15A NCAC 03Q .0202 carries the same classification as that assigned to the waterbody of which it is tributary. The coastal fishing water are found within the area bound by a line running parallel to the shoreline three miles offshore in the Atlantic Ocean and the joint or inland fishing water boundary in internal waters that is listed. The joint waters are found within the area bound by the joint fishing water boundaries described in the rule and the inland water boundaries described. The inland waters are found within the area bound by the inland fishing water boundary description and the headwaters of that particular waterbody.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03Q .0202      descrIptive boundaries for coastal-joint-inland waters

Descriptive boundaries for Coastal-Joint-Inland Waters referenced in 15A NCAC 03Q .0201 are as follows:

(1)           Beaufort County:

(a)           Pamlico - Tar River - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 32.2167' N - 77° 02.8701' W; running southwesterly along the east side of the railroad bridge to a point on the south shore 35° 32.0267' N - 77° 03.5179' W.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(b)           Pungo River - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 34.2702' N - 76° 30.1354' W; running northeasterly to a point on the east shore 35° 34.3192' N - 76° 30.0238' W. Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 35° 32.0974' N - 76° 29.6067' W; running southerly to a point on the south shore 35° 30.2620' N - 76° 29.3843' W.

(i)            Flax Pond Bay - All waters within this waterbody are designated as Coastal.

(ii)           Upper Dowry Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 31.8946' N - 76° 32.1231' W; running northeasterly to a point on the east shore 35° 31.9656' N - 76° 32.0114' W.

(iii)          Lower Dowry Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 32.4188' N - 76° 35.3924' W; running northeast to a point on the east shore 35° 32.4691' N - 76° 35.2748' W.

(iv)          George Best Creek - All waters within this waterbody are designated as Coastal.

(v)           Toms Creek - All waters within this waterbody are designated as Coastal.

(vi)          Pantego Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the north shore 35° 31.9908' N - 76° 36.6105' W; running southerly along the Breakwater to a point 35° 31.6628' N - 76° 36.9840' W; running southwesterly to a point on the south shore 35° 31.5653' N - 76° 37.3832' W.

(vii)         Pungo Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 29.9986' N - 76° 40.3564' W; running southerly to a point on the south shore 35° 29.8887' N - 76° 40.3262' W.

(A)          Vale Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 31.0370' N - 76° 38.9044' W; running northeasterly to a point on the east shore 35° 31.0528' N - 76° 38.8536' W.

(B)          Scotts Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 30.4264' N - 76° 40.1156' W; running easterly to a point on the east shore 35° 30.4264' N - 76° 39.9430' W.

(C)          Smith Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 30.2844' N - 76° 40.2941' W; running southerly to a point on the south shore 35° 30.1982' N - 76° 40.2621' W.

(viii)        Woodstock (Little) Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 30.5291' N - 76° 38.1600' W; running easterly to a point on the east shore 35° 30.4852' N - 76° 38.0278' W.

(ix)          Jordan Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 27.7256' N - 76° 36.2159' W; running southerly to a point 35° 27.5587' N - 76° 36.2704' W; following the eastern shore to a point 35° 27.4651' N - 76° 36.3294' W; running southerly to a point on the south shore 35° 27.3429' N - 76° 36.4498' W.

(x)           Satterthwaite Creek - Inland Waters northwest and Coastal Waters southeast of a line beginning at a point on the north shore 35° 25.2994' N - 76° 35.4281' W; running southerly to a point on the south shore 35° 25.1284' N - 76° 35.4949' W.

(xi)          Wright Creek - Inland Waters southwest and Coastal Waters northeast of a line beginning at a point on the west shore 35° 24.8664' N - 76° 35.4240' W; running southeasterly to a point on the east shore 35° 24.7995' N - 76° 35.3086' W.

(c)           North Creek - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 25.1667' N - 76° 40.1042' W; running easterly to a point on the east shore 35° 25.0971' N - 76° 39.6340' W.

(d)           St. Clair Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 25.7691' N - 76° 42.6406' W; running easterly to a point on the east shore 35° 25.7695' N - 76° 42.5967' W.

(e)           Mixon Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 25.7601' N - 76° 46.5971' W; running easterly to a point 35° 25.7304' N - 76° 46.2547' W; following the southern shoreline to a point 35° 25.6878' N - 76° 46.2034' W; running southeasterly to a point 35° 25.6606' N - 76° 46.1892' W; following the southern shoreline to a point 35° 25.6267' N - 76° 46.1494' W; running southeasterly to a point on the east shore 35° 25.6166' N - 76° 46.1361' W.

(f)            Bath Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 27.1685' N - 76° 49.4087' W; running northeasterly to a point on the east shore 35° 27.2371' N - 76° 49.0969' W.

(g)           Duck Creek - Inland Waters northeast and Coastal Waters southwest of a line beginning at a point on the west shore 35° 27.5395' N - 76° 52.0074' W; running southerly to a point on the east shore 35° 27.4401' N - 76° 51.9827' W.

(h)           Mallard Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 27.6461' N - 76° 53.6398' W; running easterly to a point on the east shore 35° 27.6425' N - 76° 53.5816' W.

(i)            Upper Goose Creek - Inland Waters northeast and Coastal Waters southwest of a line beginning at a point on the west shore 35° 28.5346' N - 76° 56.0229' W; running southeasterly to a point on the east shore 35° 28.4014' N - 76° 55.8714' W.

(j)            Broad Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 29.1023' N - 76° 57.3738' W; running easterly to a point on the east shore 35° 29.1059' N - 76° 57.1188' W.

(k)           Herring Run (Runyan Creek) - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 32.1615' N - 77° 02.3606' W; running southeasterly to a point on the east shore 35° 32.1340' N - 77° 02.3438' W.

(l)            Chocowinity Bay - Inland Waters northwest and Coastal Waters southeast of a line beginning at a point on the west shore 35° 29.4751' N - 77° 01.8507' W; running northeasterly to a point on the east shore 35° 29.8780' N - 77° 01.3169' W.

(m)          Calf Tree Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the north shore 35° 29.2268' N - 77° 01.2973' W; running southeasterly to a point on the south shore 35° 29.2115' N - 77° 01.2831' W.

(n)           Hills Creek - Inland Waters south and Coastal waters north of a line beginning at a point on the west shore 35° 28.5227' N - 77° 00.2664' W; running easterly to a point on the east shore 35° 28.5193' N - 77° 00.2270' W.

(o)           Blounts Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 26.2010' N - 76° 58.1716' W; running southerly to a point on the south shore 35° 26.1369' N - 76° 58.1671' W.

(p)           Nevil Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 26.1117' N - 76° 54.5233' W; running southeasterly to a point on the east shore 35° 26.0966' N - 76° 54.5045' W.

(q)           Barris Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 24.8423' N - 76° 49.9928' W; running easterly to a point on the east shore 35° 24.8451' N - 76° 49.9745' W.

(r)            Durham Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 23.7824' N - 76° 49.3016' W; running easterly to a point on the east shore 35° 23.7821' N - 76° 48.8703' W.

(s)            Huddles Cut - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 22.5817' N - 76° 44.8727' W; running easterly to a point on the east shore 35° 22.5782' N - 76° 44.8594' W.

(t)            Huddy Gut - All waters within this waterbody are designated as Coastal.

(u)           South Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 18.9589' N - 76° 47.4298' W; running easterly to a point on the east shore 35° 18.9994' N - 76° 47.3007' W.

(i)            Tooleys Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 20.7080' N - 76° 44.8937' W; running northeasterly to a point on the east shore 35° 20.7440' N - 76° 44.8324' W.

(ii)           Drinkwater Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 20.1441' N - 76° 45.8262' W; running easterly to a point on the east shore 35° 20.1333' N - 76° 45.7530' W.

(iii)          Jacobs Creek - Inland Waters northwest and Coastal Waters southeast of a line beginning at a point on the north shore 35° 20.1420' N - 76° 45.8395' W; running southwesterly to a point on the south shore 35° 20.0692' N - 76° 45.8912' W.

(iv)          Jacks Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the north shore 35° 19.5455' N - 76° 47.0155' W; running southwesterly to a point on the south shore 35° 19.4986' N - 76° 47.0741' W.

(v)           Whitehurst Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 19.2878' N - 76° 47.4778' W; running southerly to a point on the south shore 35° 19.2295' N - 76° 47.4430' W.

(vi)          Little Creek - Inland Waters south and Coastal waters north of a line beginning at a point on the west shore 35° 18.9873' N - 76° 45.9292' W; running easterly to a point on the east shore 35° 19.0209' N - 76° 45.8258' W.

(vii)         Short Creek - Inland Waters southeast and Coastal Waters northwest of a line beginning at a point on the north shore 35° 20.1228' N - 76° 44.6031' W; running southwesterly to a point on the south shore 35° 20.0527' N - 76° 44.6667' W.

(viii)        Long Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 20.3050' N - 76° 44.3444' W; running northeasterly to a point on the east shore 35° 20.4185' N - 76° 43.8949' W.

(ix)          Bond Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 20.4231' N - 76° 42.0469' W; running southeasterly to a point on the east shore 35° 20.2539' N - 76 ° 41.8254' W.

(x)           Muddy Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 20.1523' N - 76° 41.2074' W; running northeasterly to a point on the east shore 35° 20.2413' N - 76° 41.0572' W.

(v)           Davis Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 20.7032' N - 76° 40.3404' W; running easterly to a point on the east shore 35° 20.7112' N - 76° 40.1637' W.

(w)          Strawhorn Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 20.4091' N - 76° 39.0998' W; running northeasterly to a point on the east shore 35° 20.4750' N - 76° 38.8874' W.

(x)           Lower Goose Creek - All waters within this waterbody are designated as Coastal.

(i)            Lower Spring Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 19.7932' N - 76° 37.5347' W; running southerly to a point on the south shore 35° 19.4670' N - 76° 37.4134' W.

(ii)           Peterson Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the west shore 35° 18.7722' N - 76° 37.5059' W; running northeasterly to a point on the east shore 35° 18.8406' N - 76° 37.4111' W.

(iii)          Snode Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 18.2787' N - 76° 37.4679' W; running southwesterly to a point on the south shore 35° 18.0821' N - 76° 37.5544' W.

(iv)          Campbell Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 17.1203' N - 76° 37.9248' W; running southerly to a point on the south shore 35° 16.8807' N - 76° 37.9101' W.

(A)          Smith Creek - All waters within this waterbody are designated as Inland.

(v)                                   Hunting Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 16.7523' N - 76° 36.8138' W; running easterly to a point on the east shore 35° 16.6779' N - 76° 36.5885' W.

(2)           Bertie County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Roanoke River - Joint Waters south and Coastal Waters north of a line beginning at a point on the west shore of the Roanoke River 35° 56.5068' N - 76° 41.8858' W; running easterly to a point on the east shore 35° 56.5324' N - 76° 41.5896' W.

(A)          Sandy Run (Norfleet Gut) - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36º 10.1119' N - 77º 17.5396' W; running northeasterly to a point on the east shore 36º 10.1172' N - 77º 17.5316' W.

(B)          Quinine - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 09.6041' N - 77° 15.9091' W; running easterly to a point on the east shore 36° 09.6068' N - 77° 15.8912' W.

(C)          Wire Gut - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 00.9580' N - 77° 13.0755' W; running easterly to a point on the east shore 36° 00.9542' N - 77° 13.0320' W.

(D)          Apple Tree Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 00.4174' N - 77° 12.3252' W; running southeasterly to a point on the south shore 36° 00.3987' N - 77° 12.3088' W.

(E)           Indian Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 59.0794' N - 77° 11.4926' W; running southerly to a point on the south shore 35° 59.0597' N - 77° 11.4967' W.

(F)           Coniott Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 56.6562' N - 77° 04.2860' W; running southwesterly to a point on the south shore 35° 56.6397' N - 77° 04.3066' W.

(G)          Conine Creek - All waters within this waterbody are designated as Joint.

(H)          Old Mill Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 53.9483' N - 76° 55.3921' W; running southeasterly to a point on the east shore 35° 53.9378' N - 76° 55.3710' W.

(I)            Cut Cypress Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the north shore 35° 51.9465' N - 76° 53.5762' W; running southeasterly to a point on the south shore 35° 51.9229' N - 76° 53.5556' W.

(J)            Broad Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 52.5191' N - 76° 50.4235' W; running southerly to a point on the south shore 35° 52.4262' N - 76° 50.3791' W.

(K)          Thoroughfare - All waters within this waterbody are designated as Joint.

(iii)                                  Cashie River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 54.7865' N - 76° 49.0521' W; running southerly to a point on the south shore 35° 54.6691' N - 76° 49.0553' W. Joint Waters south and west and Coastal Waters north and east of a line beginning at a point on the west shore 35° 56.2934' N - 76° 44.1769' W; running easterly to a point on the north shore of an island in the mouth of the river 35° 56.2250' N - 76° 43.9265' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the south shore of an island in the mouth of the river 35° 56.1254' N - 76° 43.9846' W; running southerly to a point on the south shore 35° 56.0650' N - 76° 43.9599' W.

(A)          Cashoke Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 56.2934' N - 76° 44.1769' W; running southwesterly to a point on the south shore 35° 56.2623' N - 76° 44.1993' W.

(B)          Broad Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 55.0568' N - 76° 45.2632' W; running easterly to a point on the east shore 35° 55.0543' N - 76° 45.1309' W.

(C)          Grinnel Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 55.3147' N - 76° 44.5010' W; running southerly to a point on the south shore 35° 55.2262' N - 76° 44.5495' W.

(iv)                                  Middle River - All waters within this waterbody are designated as Joint.

(v)                                   Eastmost River - Joint Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 56.5024' N - 76° 42.4877' W; running westerly to a point on the east shore 35° 56.4070' N -76° 42.7647' W.

(vi)                                  Mud Gut - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 53.2880' N - 76° 45.4463' W; running southwesterly to a point on the south shore 35° 53.2527' N - 76° 45.4678' W.

(b)           Black Walnut Swamp - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 59.4680' N - 76° 40.9556' W; running southerly to a point on the south shore 35° 59.3946' N - 76° 40.9629' W.

(c)           Salmon Creek - Inland Waters southwest and Coastal Waters northeast of a line beginning at a point on the north shore 36° 00.4648' N - 76° 42.3513' W; running southeasterly to a point on the south shore 36° 00.3373' N - 76° 42.1499' W.

(d)           Chowan River - Joint Waters northwest and Coastal Waters southeast of a line beginning at a point on the west shore 36° 02.3162' N - 76° 42.4896' W; running northeasterly to a point on the east shore 36° 03.1013' N - 76° 40.8732' W.

(i)            Barkers Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 14.0709' N - 76° 44.2451' W; running southerly to a point on the south shore 36° 14.0492' N - 76° 44.2456' W.

(ii)           Willow Branch - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the north shore 36° 04.7206' N - 76° 43.7667' W; running southeasterly to a point on the south shore 36° 04.7138' N - 76° 43.7580' W.

(iii)          Keel (Currituck) Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 14.1245' N - 76° 44.1961' W; running easterly to a point on the east shore 36° 14.0899' N - 76° 43.8533' W.

(3)           Bladen County:

(a)           Cape Fear River - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 34° 24.2628' N - 78° 17.6390' W; running northeasterly along the Lock and Dam # 1 to a point on the east shore 34° 24.2958' N - 78° 17.5634' W.

(i)            Natmore Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 34° 24.2841' N - 78° 16.4405' W; running easterly to a point on the east shore 34° 24.2852' N - 78° 16.4039' W.

(4)           Brunswick County:

(a)           Calabash River And Tributaries - All waters within this waterbody are designated as Coastal.

(b)           Saucepan Creek - All waters within this waterbody are designated as Coastal.

(c)           Shallotte River - Inland Waters northwest and Coastal Waters southeast of a line beginning at a point on the south shore 33° 58.3412' N - 78° 23.1948' W; running northeasterly to a point on the north shore 33° 58.3518' N - 78° 23.1816' W.

(i)            Mill Dam Branch - All waters within this waterbody are designated as Coastal.

(ii)           Squash Creek - All waters within this waterbody are designated as Coastal.

(iii)          Mill Pond - All waters within this waterbody are designated as Coastal.

(iv)          Charles Branch - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 33° 58.6276' N - 78° 21.2919' W; running easterly to a point on the east shore 33° 58.6257' N - 78° 21.2841' W.

(v)           Grisset Swamp - All waters within this waterbody are designated as Coastal.

(vi)          Little Shallotte River And Tributaries - All waters within this waterbody are designated as Coastal.

(d)           Lockwood Folly River - Inland Waters northeast and Coastal Waters southwest of a line beginning at a point on the north shore 34° 00.6550' N - 78° 15.8134' W; running southeasterly along the south side of NC Hwy 211 bridge to a point on the south shore 34° 00.6285' N - 78° 15.7928' W.

(i)            Stanberry Creek - All waters within this waterbody are designated as Coastal.

(ii)           Pompeys Creek - All waters within this waterbody are designated as Coastal.

(iii)          Maple Creek - All waters within this waterbody are designated as Coastal.

(iv)          Rubys Creek - All waters within this waterbody are designated as Coastal.

(v)           Big Doe Creek - All waters within this waterbody are designated as Coastal.

(vi)          Lennons Creek - All waters within this waterbody are designated as Coastal.

(vii)         Mercers Mill Pond Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 33° 57.7498' N - 78° 12.3532' W; running southeasterly to a point on the east shore 33° 57.7439' N - 78° 12.3440' W.

(e)           Elizabeth River - All waters within this waterbody are designated as Coastal.

(i)            Ash Creek - All waters within this waterbody are designated as Coastal.

(f)            Beaverdam Creek - All waters within this waterbody are designated as Coastal.

(g)           Dutchman Creek - All waters within this waterbody are designated as Coastal.

(i)            Calf Gully Creek - All waters within this waterbody are designated as Coastal.

(ii)           Jumpin Run - All waters within this waterbody are designated as Coastal.

(iii)          Fiddlers Creek - All waters within this waterbody are designated as Coastal.

(h)           Cape Fear River - Joint Waters north and Coastal Waters south of a line beginning at a point on the western side 34° 13.6953' N - 77° 57.2396' W; running southeasterly along the southern side of US 17-74-76 bridge to a point on the eastern side 34° 13.6214' N - 77° 57.0341' W.

(i)            Duke Energy Progress Brunswick Nuclear Plant Intake Canal - All waters within this waterbody are designated as Coastal.

(ii)           Walden Creek - All waters within this waterbody are designated as Coastal.

(iii)          Orton Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 02.8436' N - 77° 56.7498' W; running southerly to a point on the south shore 34° 02.8221' N - 77° 56.7439' W.

(iv)          Lilliput Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 04.1924' N - 77° 56.5361' W; running southerly to a point on the south shore 34° 04.1487' N - 77° 56.5447' W.

(v)           Sandhill Creek - Inland Waters southwest and Coastal Waters northeast of a line beginning at a point on the north shore 34° 06.9584' N - 77° 57.0085' W; running southeasterly to a point on the south shore 34° 06.9371' N - 77° 56.9943' W.

(vi)          Town Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 07.7492' N - 77° 57.3445' W; running southerly to a point on the south shore 34° 07.7034' N - 77° 57.3431' W.

(vii)         Mallory Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 09.9868' N - 77° 58.2023' W; running southerly to a point on the south shore 34° 09.9618' N - 77° 58.2133' W.

(viii)        Brunswick River - Joint Waters northwest and Coastal Waters southeast of a line beginning at a point on the south shore 34° 10.7281' N - 77° 57.7793' W; running northeasterly to a point on the north shore 34° 10.9581' N - 77° 57.6452' W.

(A)          Alligator Creek:

(I)            Southernmost entrance: Inland Waters east and Joint Waters west of a line beginning at a point on the south shore 34° 13.5040' N - 77° 58.6331' W; running northwesterly to a point on the north shore 34° 13.5472' N - 77° 58.6628' W; and

(II)          Northernmost entrance: Inland Waters east and Joint Waters west of a line beginning at a point on the south shore 34° 14.4300' N - 77° 59.2346' W; running northerly to a point on the north shore 34° 14.4618' N - 77° 59.2300' W.

(B)          Jackeys Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the south shore 34° 11.9400' N - 77° 58.5859' W; running northerly to a point on the north shore 34° 11.9565' N - 77° 58.5859' W.

(C)          Sturgeon Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 34° 14.6761' N - 77° 59.4145' W; running southerly to a point on the south shore 34° 14.6404' N - 77° 59.4058' W.

(ix)          Cartwheel Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 34° 15.7781' N - 77° 59.3852' W; running southerly to a point on the south shore 34° 15.7564' N - 77° 59.3898' W.

(x)           Indian Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 34° 17.0441' N - 78° 00.3662' W; running southwesterly to a point on the south shore 34° 17.0006' N - 78° 00.3977' W.

(xi)          Hood Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 34° 20.3713' N - 78° 04.7492' W; running southwesterly to a point on the south shore 34° 20.3393' N - 78° 04.7373' W.

(xii)         Northwest Creek - All waters within this waterbody are designated as Inland.

(5)           Camden County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Pasquotank River - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 18.0768' N - 76° 13.0979' W; running easterly along the south side of the Highway 158 Bridge to a point on the east shore 36° 18.0594' N - 76° 12.9620' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the north shore 36° 11.4282' N - 76° 01.2876' W; running southwesterly to a point on the south shore 36° 08.7563' N - 76° 03.6991' W.

(A)          Raymond Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 14.0746' N - 76° 03.3952' W; running easterly to a point on the east shore 36° 14.0711' N - 76° 03.3668' W.

(B)          Portohonk Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the west shore 36° 15.0519' N - 76° 05.2793' W; running southeasterly to a point on the east shore 36° 15.0391' N - 76° 05.2532' W.

(C)          Areneuse Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 17.3133' N - 76° 08.1655' W; running southeasterly to a point on the east shore 36° 17.1328' N - 76° 07.6269' W.

(iii)          North River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 18.7703' N - 75° 58.7384' W; running southerly to a point on the south shore 36° 18.4130' N- 75° 58.7228' W. Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 36° 09.8986' N - 75° 54.6771' W; running easterly to a point on the east shore 36° 10.0108' N - 75° 52.0431' W.

(A)          Wading Gut - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 10.6054' N - 75° 55.9529' W; running southeasterly to a point on the east shore 36° 10.5777' N - 75° 55.8654' W.

(B)          Little Broad Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 11.6530' N - 75° 57.2035' W; running southeasterly to a point on the east shore 36° 11.5587' N - 75° 56.9160' W.

(C)          Broad Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 12.2197' N - 75° 57.2685' W; running southerly to a point on the south shore 36° 11.6766' N - 75° 57.2254' W.

(D)          Hunting Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the north shore 36° 15.0480' N - 75° 57.5820' W; running southeasterly to a point on the south shore 36° 14.9308' N - 75° 57.4635' W.

(E)           Abel Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 15.9530' N - 75° 58.0348' W; running southerly to a point on the south shore 36° 15.8553' N - 75° 58.0842' W.

(F)           Back Landing Creek - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the north shore 36° 16.4746' N - 76° 07.6377' W; running southwesterly to a point on the south shore 36° 16.2030' N - 76° 57.8897' W.

(G)          Public Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 17.2462' N - 75° 58.2774' W; running southerly to a point on the south shore 36° 17.2121' N - 75° 58.2788' W.

(H)          Cow Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 17.8667' N - 75° 58.3483' W; running southerly to a point on the marsh island 36° 17.7600' N - 75° 58.3300' W; running southerly following the eastern shoreline of the island to a point 36° 17.7122' N - 75° 58.3273' W; running southwesterly to a point on the south shore 36° 17.6522' N - 75° 58.3543' W.

(I)            Great Creek:

(I)            Mouth: Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 18.1045' N - 75° 58.4289' W; running southerly to a point on the south shore 36° 17 9882' N - 75° 58.4458' W; and

(II)          On north shore of Great Creek within the fourth tributary: Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 18.1729' N - 75° 58.9137' W; running southeasterly to a point on the south shore 36° 18.1640' N - 75° 58.9022' W.

(J)            Indiantown Creek - All waters within this waterbody are designated as Inland.

(6)           Carteret County:

(a)           Neuse River - All waters within this waterbody are designated as Coastal.

(i)            Adams Creek - All waters within this waterbody are designated as Coastal.

(A)          Back (Black) Creek - All waters within this waterbody are designated as Coastal.

(B)          Cedar Creek - All waters within this waterbody are designated as Coastal.

(ii)           Garbacon Creek - All waters within this waterbody are designated as Coastal.

(iii)          South River - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 34° 53.5068' N - 76° 31.1233' W; running northeasterly to a point on the east shore 34° 53.4494' N - 76° 31.3032' W.

(A)          Big Creek - All waters within this waterbody are designated as Coastal.

(B)          Southwest Creek - All waters within this waterbody are designated as Coastal.

(C)          West Fork - All waters within this waterbody are designated as Inland.

(D)          East Creek - All waters within this waterbody are designated as Inland.

(E)           Eastman Creek - All waters within this waterbody are designated as Coastal.

(iv)          Browns Creek - All waters within this waterbody are designated as Coastal.

(b)           North River - All waters within this waterbody are designated as Coastal.

(i)            Panter Cat Creek - All waters within this waterbody are designated as Coastal.

(ii)           Cypress Creek - All waters within this waterbody are designated as Coastal.

(c)           Newport River - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 45.2478' N - 76° 46.4479' W; running southerly to a point on the south shore 34° 45.1840' N - 76° 46.4488' W.

(i)            Core Creek - All waters within this waterbody are designated as Coastal.

(ii)           Harlowe Creek - All waters within this waterbody are designated as Coastal.

(iii)          Bogue Sound And Tributaries - All waters within these waterbodies are designated as Coastal.

(d)           White Oak River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 48.1466' N -77° 11.4711' W; running easterly to a point on the east shore 34° 48.1620' N -77° 11.4244' W.

(i)            Pettiford Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 42.6935' N - 77° 04.0745' W; running along the west side of the Highway 58 bridge to a point on the south shore 34° 42.6569' N - 77° 04.0786' W.

(ii)           Little Hadnotts Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 45.0839' N - 77° 06.5931' W; running northerly to an easterly point on the east shore 34° 45.0867' N - 77° 06.5780' W.

(iii)          Hadnotts Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 45.9908' N - 77° 05.7847' W; running along the west side of the Highway 58 bridge to a point on the south shore 34° 45.9738' N - 77° 05.7810' W.

(iv)          Neds Creek - All waters within this waterbody are designated as Coastal.

(v)           Hunters Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the northwest shore 34° 47.1205' N - 77° 09.9462' W; running southeasterly to a point on the southeast shore 34° 47.0947' N -77° 09.9160' W.

(7)           Chowan County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Yeopim River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 05.4526' N - 76° 27.7651' W; running southerly to a point on the south shore at Norcum Point 36° 05.1029' N - 76° 27.7120' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the north shore 36° 04.7426' N - 76° 24.2536' W; running southwesterly to a point on the south shore 36° 04.1136' N - 76° 24.5365' W.

(iii)          Queen Anne Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 36° 03.3757' N - 76° 36.3629' W; running southerly to a point on the south shore 36° 03.3551' N - 76° 36.3574' W.

(iv)          Pembroke Creek (Pollock Swamp) - Inland Waters west and Coastal Waters east of a line beginning at a point on the west shore 36° 03.2819' N - 76° 37.0138' W; running northeasterly to a point on the east shore 36° 03.4185' N - 76° 36.6783' W.

(v)           Chowan River - Joint Waters northwest and Coastal Waters southeast of a line beginning at a point on the west shore 36° 02.3162' N - 76° 42.4896' W; running northeasterly to a point on the east shore 36° 03.1013' N - 76° 40.8732' W.

(A)          Rocky Hock Creek - Inland Waters east and Joint Waters west of a line beginning on the west shore at a point 36° 06.5662' N - 76° 41.3108' W; running southeasterly to a point on the east shore at 36° 06.6406' N - 76° 41.4512' W.

(B)          Dillard (Indian) Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 14.2234' N - 76° 41.5901' W; running southerly to a point on the south shore 36° 14.2023' N - 76° 41.5855' W.

(C)          Stumpy Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 16.6440' N - 76° 40.4251' W; running southerly to a point on the south shore 36° 16.6255' N - 76° 40.4196' W.

(D)          Catherine (Warwick) Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the west shore 36° 18.1011' N - 76° 41.1286' W; running southeasterly to a point on the east shore 36° 17.9413' N - 76° 40.8627' W.

(8)           Columbus County:

(a)           Cape Fear River - All waters within this waterbody are designated as Joint.

(i)            Livingston Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 34° 21.1518' N - 78° 12.0358' W; running easterly to a point on the east shore 34° 21.1420' N - 78° 12.0018' W.

(ii)           Waymans Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the west shore 34° 22.9861' N - 78° 14.5266' W; running southeasterly to a point on the east shore 34° 22.9838' N - 78° 14.5236' W.

(9)           Craven County:

(a)           Neuse River - Inland Waters west and Joint Waters east of a line at Pitch Kettle Creek beginning at a point on the north shore 35° 16.9793' N - 77° 15.5529' W; running south to a point on the south shore 35° 16.9237' N - 77° 15.5461' W. Joint Waters northwest and Coastal Waters southeast of a line beginning at a point on the east shore 35° 07.7096' N - 77° 01.6749' W; running southwesterly along the southern side of the Southern Railroad bridge to a point on the west shore 35° 07.1530' N - 77° 02.5570' W.

(i)            Adams Creek - All waters within this waterbody are designated as Coastal.

(A)          Back Creek - All waters within this waterbody are designated as Coastal.

(ii)           Courts Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 56.6958' N - 76° 42.7175' W; running southwesterly to a point on the south shore 34° 56.6606' N - 76° 42.7450' W.

(iii)          Long Branch - Inland Waters south and Coastal Waters north of a line beginning on the west shore 34° 55.6189' N - 76° 43.8180' W; running easterly to a point on the east shore 34° 55.6175' N - 76° 43.7846' W.

(iv)          Clubfoot Creek - All waters within this waterbody are designated as Coastal.

(A)          Gulden Creek - All waters within this waterbody are designated as Coastal.

(B)          Mitchell Creek - All waters within this waterbody are designated as Coastal.

(C)          Morton Mill Pond - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 51.9245' N - 76° 45.7754' W; running southerly to a point on the south shore 34° 51.7799' N - 76° 45.8184' W.

(v)           Hancock Creek - Coastal Waters east and Inland Waters west of a line beginning on the north shore at 34° 56.3420' N - 76° 51.2809' W; running southerly to a point on the south shore at 34° 56.2731' N - 76° 51.3034' W.

(vi)          Slocum Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore at 34° 57.1875' N - 76° 53.7648' W; running southwesterly to a point on the south shore 34° 57.1334' N - 76° 53.8069' W.

(vii)         Scott Creek - Inland Waters west and Coastal Waters east of a line from a point on the north shore 35° 05.5723' N - 77° 02.0677' W; running southerly to a point on the south shore 35° 05.5316' N - 77° 02.0745' W.

(viii)        Trent River - Inland Waters west and Joint Waters east of a line at Wilson Creek beginning at a point on the north shore 35° 04.05490' N - 77° 06.0987' W; running southerly to a point on the south shore 35° 04.3837' N - 77° 06.1230' W. Joint Waters west and Coastal Waters east of a line on the western side of the Highway 70 Trent River Bridge beginning at a point on the north shore 35° 06.2136' N - 77° 02.1968' W; running southerly to a point on the south shore 35° 05.9351' N - 77° 02.2645' W.

(A)          Brice Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 04.5114' N - 77° 03.6433' W; running easterly to a point on the east shore 35° 04.5634' N - 77° 03.4469' W.

(ix)          Jack Smith Creek - Inland Waters southwest and Joint Waters northeast of a line beginning on the west shore 35° 07.5482' N - 77° 03.1613' W; running southeasterly to a point on the east shore 35° 07.5320' N - 77° 03.1338' W.

(x)           Bachelor Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 09.0099' N - 77° 04.5858' W; running southerly to a point on the south shore 35° 08.9085' N - 77° 04.7172' W.

(xi)          Dollys Gut - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 13.6303' N - 77° 09.9847' W; running southerly to a point on the south shore 35° 13.5937' N - 77° 09.9778' W.

(xii)         Greens Thorofare:

(A)          Easternmost entrance: Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the north shore 35° 13.7807' N - 77° 09.9224' W; running southwesterly to a point on the south shore 35° 13.7587' N - 77° 09.9728' W; and

(B)          Westernmost entrance: Inland Waters south and Joint Waters north of a line beginning on the west shore 35° 14.1398' N - 77° 11.5530' W; running easterly to a point on the east shore 35° 14.1481' N - 77° 11.5036' W.

(xiii)        Greens Creek - Inland Waters west and Joint Waters east of a line beginning on the north shore 35° 14.1883' N - 77° 11.8862' W; running southeasterly to a point on the south shore 35° 14.1389' N - 77° 11.7535' W.

(xiv)        Turkey Quarter Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 15.6738' N - 77° 14.6823' W; running southeasterly to a point on the east shore 35° 15.6534' N - 77° 14.6470' W.

(xv)         Pitch Kettle Creek - All waters within this waterbody are designated as Inland.

(xvi)        Taylors Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 14.3719' N - 77° 10.8050' W; running southwesterly to a point on the south shore 35° 14.3300' N - 77° 10.8352' W.

(xvii)       Pine Tree Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 12.6663' N - 77° 07.4285' W; running southwesterly to a point on the south shore 35° 12.7033' N - 77° 07.3594' W. Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 12.8553' N - 77° 07.8300' W; running easterly to a point on the east shore 35° 12.8372' N - 77° 07.7934' W. Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 13.2012' N - 77° 08.7753' W; running southeasterly to a point on the east shore 35° 13.1714' N - 77° 08.7071' W.

(xviii)      Stumpy Creek:

(A)          Southernmost entrance: Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the north shore 35° 11.5752' N - 77° 06.1866' W; running southwesterly to a point on the south shore 35° 11.5550' N - 77° 06.2411' W; and

(B)          Northernmost entrance: Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 11.9377' N - 77° 06.7263' W; running southeasterly to a point on the south shore 35° 11.9169' N - 77° 06.7044' W.

(xix)        Swift Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 11.5972' N - 77° 06.0562' W; running easterly to a point on the east shore 35° 11.5816' N - 77° 05.9861' W.

(xx)         Mill Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 08.5041' N - 77° 02.3400' W; running south easterly to a point on the south shore 35° 08.4711' N - 77° 02.3176' W.

(xxi)        Duck Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the north shore 35° 05.7648' N - 77° 00.5191' W; running south easterly to a point on the south shore at 35° 05.6803' N - 77° 00.4179' W.

(xxii)       Northwest Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 03.5096' N - 76° 58.2604' W; running northeasterly to a point on the east shore at 35° 03.5948' N - 76° 58.0297' W.

(xxiii)      Upper Broad Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 04.5050' N - 76° 56.5269' W; running easterly along the Tidelands EMC power lines to a point on the east shore at 35° 04.4705' N - 76° 56.2115' W.

(10)         Currituck County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           North River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 18.7703' N - 75° 58.7384' W; running southerly to a point on the south shore 36° 18.4130' N - 75° 58.7228' W. Joint Waters north and Coastal Waters south of a line beginning on the west shore 36° 09.8986' N - 75° 54.6771' W; running easterly to a point on the east shore 36° 10.0108' N - 75° 52.0431' W.

(A)          Duck Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the west shore 36° 12.4056' N - 75° 54.2967' W; running southeasterly to a point on the east shore 36° 12.1865' N - 75° 54.0298' W.

(B)          Barnett Creek - Inland Waters northeast and Joint Waters southwest of line beginning at a point on the north shore 36° 14.2405' N - 75° 55.0112' W; running southeasterly to a point on the south shore 36° 14.0956' N - 75° 54.9774' W.

(C)          Lutz Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the north shore 36° 14.7397' N - 75° 55.4914' W; running southeasterly to a point on the east shore 36° 14.4948' N - 75° 55.1989' W.

(D)          Goose Creek:

(I)            Southernmost entrance: Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 15.5152' N - 75° 57.0936' W; running easterly to a point on the east shore 36° 15.4016' N - 75° 56.7842' W; and

(II)          Northernmost entrance: Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 16.0334' N - 75° 57.1018' W; running easterly to a point on the east shore 36° 16.0301' N - 75° 57.0629' W.

(E)           Deep Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 17.1576' N - 75° 56.7594' W; running southerly to a point on the south shore 36° 16.9846' N - 75° 56.6802' W.

(F)           Narrow Ridges Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 18.3249' N - 75° 57.8910' W; running southerly to a point on the south shore 36° 18.1388' N - 75° 57.9029' W.

(G)          Bump Landing Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 19.3757' N - 75° 57.9057' W; running southerly to a point on the south shore 36° 19.2496' N - 75° 57.9107' W.

(H)          Taylor Bay - All waters within this waterbody are designated as Joint.

(I)            Intracoastal Waterway From Taylor Bay To Coinjock Bay - All waters within this part of the Intracoastal Waterway are designated as Joint.

(J)            Indiantown Creek - All waters within this waterbody are designated as Inland.

(b)           Currituck Sound - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore of Currituck Sound 36° 04.8195' N - 75° 47.4101' W; running easterly to a point on the east shore 36° 05.5739' N - 75° 44.5729' W.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Coinjock Bay - All waters within this waterbody are designated as Joint.

(iii)          Nelson (Nells) Creek:

(A)          Northernmost entrance: Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 16.5806' N - 75° 52.1168' W; running northeasterly to a point on the east shore 36° 16.6410' N - 75° 51.9580' W; and

(B)          Southernmost entrance: Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 15.9816' N - 75° 51.7245' W; running southerly to a point on the south shore 36° 15.8640' N - 75° 51.6897' W.

(iv)          Hog Quarter Creek:

(A)          Northernmost entrance: Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 07.7400' N - 75° 48.6254' W; running southerly to a point on the south shore 36° 07.7210' N - 75° 48.6135' W; and

(B)          Southernmost entrance: Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 07.4118' N - 75° 48.4986' W; running southerly to a point on the south shore 36° 07.3532' N - 75° 48.5110' W.

(v)           Parkers Creek - Inland Waters northwest and Joint Waters southeast of a line beginning on the west shore 36° 22.1079' N - 75° 55.5459' W; running northeasterly to a point on the east shore 36° 22.1607' N - 75° 55.4512' W. Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 22.3928' N - 75° 55.6970' W; running northeasterly to a point on the east shore 36° 22.4011' N - 75° 55.6782' W.

(vi)          North Landing River - All waters within this waterbody are designated as Joint.

(A)          Northwest River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore of 36° 30.8374' N - 76° 04.8770' W; running southerly to a point on the south shore 36° 30.7061' N - 76° 04.8916' W.

(I)            Gibbs Canal - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 32.2322' N - 76° 01.8923' W; running southerly to a point on the south shore 36° 32.1997' N - 76° 01.8937' W.

(II)          Tull Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the north shore 36° 30.0991' N - 76° 04.8587' W; running southeasterly to a point on the south shore 36° 29.9599' N - 76° 04.7126' W.

(B)          West Landing - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 30.9867' N - 76° 02.5868' W; running easterly to a point on the east shore 36° 31.0045' N - 76° 02.3780' W.

(11)         Dare County:

(a)           Alligator River - Coastal Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 54.2903' N - 76° 01.6818' W; running along the south side of the US 64 bridge to a point on the east shore 35° 53.6835' N - 75° 58.8578' W.

(i)            Whipping Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 41.3930' N - 76° 00.2481' W; running southerly to a point on the south shore 35° 41.3717' N - 76° 00.2554' W.

(ii)           Swan Creek and Lake - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 40.2674' N - 76° 00.7360' W; running southerly to a point on the south shore 35° 40.2420' N - 76° 00.7548' W.

(iii)          Milltail Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 50.5192' N - 75° 58.6134' W; running southerly to a point on the south shore 35° 50.4956' N - 75° 58.6158' W.

(iv)          Laurel Bay Lake (Creek) - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 52.4036' N - 75° 58.8560' W; running southerly to a point on the south shore 35° 52.3960' N - 75° 58.8528' W.

(v)           East Lake - Coastal Waters west and Inland Waters east of a line beginning at a point on the north shore 35° 56.1676' N - 75° 55.2603' W; running southerly to a point on the south shore 35° 55.4727' N - 75° 55.5043' W. Joint Waters north and Inland Waters south of a line beginning at a point on the west shore 35° 58.6402' N - 75° 52.1855' W; running easterly to a point on the east shore 35° 58.5887' N - 75° 51.7080' W.

(b)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Kitty Hawk Bay - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 36° 03.1967' N - 75° 44.3087' W; running easterly to a point on the east shore 36° 03.1871' N - 75° 44.2716' W. Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 36° 03.1338' N - 75° 44.2423' W; running southerly to a point on the south shore 36° 03.0919' N - 75° 44.2533' W. Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 36° 02.9960' N - 75° 44.2840' W; running southerly to a point on the south shore 36° 02.9592' N - 75° 44.2291' W. Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 36° 02.4964' N - 75° 44.2089' W; running southerly to a point on the south shore 36° 01.3270' N - 75° 43.6422' W.

(iii)          Peter Mashoes Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 57.2344' N - 75° 48.3087' W; running southerly to a point on the south shore 35° 56.7805' N - 75° 48.3563' W.

(iv)          Tom Mann Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 58.5296' N - 75° 52.8982' W; running easterly to a point on the east shore 35° 58.5175' N - 75° 53.6851' W.

(v)           Collington Harbor - Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 36° 01.0828' N - 75° 43.6070' W; running southerly to a point on the south shore 36° 01.0510' N - 75° 43.6015' W.

(c)           Croatan Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Spencer Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 51.4205' N - 75° 45.0645' W; running southerly to a point on the south shore 35° 51.3876' N - 75° 45.0640' W. Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 51.5597' N - 75° 45.0141' W; running southerly to a point on the south shore 35° 51.4624' N - 75° 45.0498' W. Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 51.6783' N - 75° 44.9125' W; running southerly to a point on the south shore 35° 51.5693' N - 75° 45.0109' W.

(iii)          Calahan Creek (Callaghan Creek) - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 51.1312' N - 75° 45.1327' W; running southwesterly to a point on the south shore 35° 51.0953' N - 75° 45.1629' W.

(d)           Roanoke Sound - All waters within this waterbody are designated as Coastal.

(i)            Buzzard Bay - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 59.6662' N - 75° 41.8400' W; running easterly to a point on the east shore 35° 59.4376' N - 75° 40.5770' W.

(e)           Pamlico Sound - All waters within this waterbody are designated as Coastal.

(i)            Stumpy Point Bay - All waters within this waterbody are designated as Coastal.

(A)          All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Long Shoal River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 38.7661' N - 75° 53.4429' W; running easterly to a point on the east shore 35° 38.7641' N - 75° 53.4159' W.

(A)          All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(B)          Pains Bay - All waters within this waterbody are designated as Coastal.

(I)            Pains Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 36.4464' N - 75° 49.0420' W; running easterly to a point on the east shore 35° 36.4439' N - 75° 49.0324' W.

(C)          Deep Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 37.8971' N - 75° 51.3125' W; running easterly to a point on the east shore 35° 37.8840' N - 75° 51.2928' W.

(f)            Currituck Sound - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 36° 04.8195' N - 75° 47.4101' W; running easterly to a point on the east shore 36° 05.5739' N - 75° 44.5729' W.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Martin Point Creek (Jean Guite Creek) - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 07.6716' N - 75° 44.9656' W; running easterly to a point on the east shore 36° 07.7568' N - 75° 44.6823' W.

(12)         Gates County:

(a)           Chowan River - All waters within this waterbody are designated as Joint.

(i)            Catherine (Warwick) Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the west shore 36° 18.1011' N - 76° 41.1286' W; running southeasterly to a point on the east shore 36° 17.9413' N - 76° 40.8627' W.

(ii)           Bennetts Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 18.3499' N - 76° 42.0286' W; running northeasterly to a point on the east shore 36° 18.4057' N - 76° 41.6986' W.

(iii)          Beef Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 20.3235' N - 76° 44.6401' W; running easterly to a point on the east shore 36° 20.3070' N - 76° 44.5797' W.

(iv)          Sarem Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 36° 21.7259' N - 76° 46.4085' W; running southerly to a point on the south shore 36° 21.6748' N - 76° 46.4392' W.

(v)           Shingle (Island) Creek:

(A)          Westernmost entrance: Inland Waters north and Joint Waters south of a line beginning at a point on the north shore 36° 21.8449' N - 76° 48.0940' W; running southeasterly to a point on the south shore 36° 21.7831' N - 76° 48.0427' W; and

(B)          Easternmost entrance: Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 21.8469' N - 76° 47.2668' W; running northeasterly to a point on the east shore 36° 21.9062' N - 76° 47.1862' W.

(vi)          Barnes Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the western shore 36° 21.8820' N - 76° 48.6419' W; running easterly to a point on the east shore 36° 21.8978' N - 76° 48.5902' W.

(vii)         Spikes Creek - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 36° 22.6515' N - 76° 50.8882' W; running northeasterly to a point on the east shore 36° 22.6684' N - 76° 50.8493' W.

(viii)        Buckhorn Creek (Run Off Swamp) - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 22.9682' N - 76° 51.9172' W; running easterly to a point on the east shore 36° 22.9614' N - 76° 51.8870' W.

(ix)          Mud Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 23.5134' N - 76° 53.9131' W; running easterly to a point on the east shore 36° 23.5132' N - 76° 53.8815' W.

(x)           Somerton Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 31.7177' N - 76° 54.8327' W; running easterly to a point on the east shore 36° 31.7143' N - 76° 54.7810' W.

(13)         Halifax County:

(a)           Roanoke River - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 36° 12.5264' N - 77° 23.0223' W; running northeasterly along the south side of the Highway 258 Bridge to a point on the east shore 36° 12.5674' N - 77° 22.9724' W.

(i)            Kehukee Swamp - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 05.1942' N - 77° 18.9596' W; running southwesterly to a point on the south shore 36° 05.1670' N - 77° 18.9761' W.

(ii)           Clarks Canal - Inland Waters north and Joint Waters south of a line of a line beginning at a point on the west shore 36° 04.6165' N - 77° 19.5817' W; running easterly to a point on the east shore 36° 04.6215' N - 77° 19.5643' W.

(14)         Hertford County:

(a)           Chowan River - All waters within this waterbody are designated as Joint.

(i)            Keel (Currituck) Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 14.1245' N - 76° 44.1961' W; running easterly to a point on the east shore 36° 14.0899' N - 76° 43.8533' W.

(ii)           Swain Mill (Taylor Pond) Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 18.5808' N - 76° 43.4729' W; running southerly to a point on the south shore 36° 18.5616' N - 76° 43.4706' W.

(iii)          Goose Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 19.5838' N - 76° 44.5971' W; running southerly to a point on the south shore 36° 19.5375' N - 76° 44.5925' W.

(iv)          Wiccacon River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 20.5439' N - 76° 45.4550' W; running southeasterly to a point on the south shore 36° 20.4684' N - 76° 45.3392' W.

(v)           Hodges Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 21.2459' N - 76° 46.3421' W; running southerly to a point on the south shore 36° 21.1823' N - 76° 46.3243' W.

(vi)          Catherine Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 22.9579' N - 76° 53.1994' W; running southeasterly to a point on the east shore 36° 22.9456' N - 76° 53.1742' W.

(vii)         Harris (Hares) Mill Creek - All waters within this waterbody are designated as Inland.

(viii)        Meherrin River - All waters within this waterbody are designated as Joint.

(A)          Potecasi Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the west shore 36° 26.1234' N - 76° 57.5262' W; running southeasterly to a point on the east shore 36° 26.1005' N - 76° 57.4960' W.

(B)          Liverman Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 26.7244' N - 76° 58.2797' W; running easterly to a point on the east shore 36° 26.7086' N - 76° 58.2499' W.

(C)          Vaughan's Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 28.3541' N - 77° 05.6259' W; running southerly to a point on the south shore 36° 28.3307' N - 77° 05.6369' W.

(D)          Banks Creek - All waters within this waterbody are designated as Inland.

(ix)          Buckhorn Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 31.9519' N - 76° 55.2580' W; running easterly to a point on the east shore 36° 31.9628' N - 76° 55.2429' W.

(15)         Hyde County:

(a)           Pamlico Sound - All waters within this waterbody are designated as Coastal.

(i)            Pungo River - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 34.2702' N - 76° 30.1354' W; running northeasterly to a point on the east shore 35° 34.3192' N - 76° 30.0238' W. Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 35° 32.0974' N - 76° 29.6067' W; running southerly to a point on the south shore 35° 30.2620' N - 76° 29.3843' W.

(A)          Rutman Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 33.1874' N - 76° 27.4090' W; running easterly to a point 35° 33.1759' N - 76° 27.2525' W; running northeasterly to a point on the east shore 35° 33.2455' N - 76° 26.9119' W.

(B)          Wilkerson Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 33.1251' N - 76° 27.2328' W; running northerly to a point 35° 33.1553' N - 76° 27.2447' W; running easterly to a point on the east shore 35° 33.3286' N - 76° 26.2019' W.

(C)          Intracoastal Waterway From Wilkerson Creek To Alligator River At Winn Bay - All waters within this part of the Intracoastal Waterway are designated as Joint.

(D)          Horse Island Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 32.1965' N - 76° 28.0462' W; running southerly to a point on the south shore 35° 32.1480' N - 76° 28.0705' W.

(E)           Tarklin Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 31.1553' N - 76° 28.1478' W; running southeasterly to a point on the south shore 35° 31.0974' N - 76° 28.0984' W.

(F)           Scranton Creek - Inland Waters east and Joint Waters west of line beginning at a point on the north shore 35° 30.0080' N - 76° 26.7759' W; running southerly to a point on the south shore 35° 29.9574' N - 76° 26.7750' W.

(G)          Smith Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 30.2812' N - 76° 29.7546' W; running southeasterly to a point on the east shore 35° 30.1904' N - 76° 29.4657' W.

(H)          Fishing Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the west shore 35° 30.2400' N - 76° 35.0143' W; running southeasterly to a point on the east shore 35° 30.0645' N - 76° 34.8211' W.

(I)            Slades Creek - All waters within this waterbody are designated as Coastal.

(J)            Fortescue Creek - All waters within this waterbody are designated as Coastal.

(ii)           Rose Bay - All waters within this waterbody are designated as Coastal.

(A)          Rose Bay Creek - All waters within this waterbody are designated as Coastal.

(B)          Rose Bay Canal - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 35° 28.5607' N - 76° 19.6545' W; running southerly to a point on the south shore 35° 28.5509' N - 76° 19.6572' W. Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 27.8491' W - 76° 24.2198' W; running easterly to a point on the east shore 35° 27.8404' N - 76° 24.2065' W.

(iii)          Swan Quarter Bay - All waters within this waterbody are designated as Coastal.

(A)          Oyster Creek - All waters within this waterbody are designated as Coastal.

(iv)          Juniper Bay - All waters within this waterbody are designated as Coastal.

(A)          Juniper Bay Creek - Joint Waters east and Coastal Waters west of a line beginning at a point on the north shore 35° 23.2472' N - 76° 14.8754' W; running southwesterly to a point on the south shore 35° 23.1738' N - 76° 14.9794' W.

(B)          Juniper Bay Creek Canal - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 23.8618' N - 76° 13.1044' W; running easterly to a point on the east shore 35° 23.8677' N - 76° 13.0888' W.

(v)           Lake Mattamuskeet - All waters within this waterbody are designated as Inland.

(A)          Outfall Canal - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 26.6017' N - 76° 10.1715' W; running easterly to a point on the east shore 35° 26.6093' N - 76° 10.1513' W. Joint Waters north and Coastal waters south of a line beginning at a point on the west shore 35° 21.4945' N - 76° 06.5336' W; running northeasterly to a point on the east shore 35° 21.5480' N - 76° 06.4819' W.

(B)          Lake Landing Canal - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 28.7878' N - 76° 04.5867' W; running easterly to a point on the east shore 35° 28.7910' N - 76° 04.5726' W. Joint Waters north and Coastal Waters south of a line beginning at a point on the west 35° 25.9529' N - 76° 03.6785' W; running easterly to a point on the east shore 35° 25.9568' N - 76° 03.6566' W. Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 25.9666' N - 76° 03.5856' W; running easterly to a point on the east shore 35° 25.9819' N - 76° 03.5600' W.

(C)          Waupopin Canal - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 31.8413' N - 76° 01.7779' W; running southerly to a point on the south shore 35° 31.8283' N - 76° 01.7637' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the west shore 35° 31.5557' N - 75° 58.8725' W; running easterly to a point on the east shore 35° 31.5648' N - 75° 58.8555' W.

(D)          Rattlesnake Canal - Joint Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 26.6965' N - 76° 00.8079' W; running easterly to a point on the east shore 35° 26.7116' N - 76° 00.7749' W.

(E)           All Other Manmade Tributaries To Lake Mattamuskeet - All other manmade tributaries within this waterbody are designated as Inland.

(vi)          Middletown Creek - All waters within this waterbody are designated as Coastal.

(vii)         Long Shoal River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 38.7661' N - 75° 53.4429' W; running easterly to a point on the east shore 35° 38.7641' N - 75° 53.4159' W.

(A)          All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(B)          Broad Creek - All waters within this waterbody are designated as Coastal.

(C)          Flag Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the west shore 35° 37.3782' N - 75° 53.0699' W; running easterly to a point on the east shore 35° 37.3894' N - 75° 53.0593' W.

(D)          Cumberland Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 38.3026' N - 75° 53.3010' W; running southerly to a point on the south shore 35° 38.2692' N - 75° 53.3038' W.

(b)           Alligator River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore at Cherry Ridge Landing 35° 42.2172' N - 76° 08.4686' W; running southerly to a point on the south shore 35° 42.1327' N - 76° 08.5002' W.

(i)            Swan Creek and Lake - All waters within this waterbody are designated as Inland.

(16)         Jones County:

(a)           White Oak River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 48.1466' N - 77° 11.4711' W; running easterly to a point on the east shore 34° 48.1620' N - 77° 11.4244' W.

(i)            Grants Creek - All waters within this waterbody are designated as Inland.

(ii)           Hunters Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the northwest shore 34° 47.1205' N - 77° 09.9462' W; running southeasterly to a point on the southeast shore 34° 47.0947' N - 77° 09.9160' W.

(17)         Martin County:

(a)           Roanoke River - All waters within this waterbody are designated as Joint.

(i)            Prices Gut - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 57.3701' N - 77° 11.9815' W; running southerly to a point on the south shore 35° 57.3552' N - 77° 11.9796' W.

(ii)           Rainbow Gut - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 55.9334' N - 77° 11.3246' W; running easterly to a point on the east shore 35° 55.9275' N - 77° 11.3136' W.

(iii)          Conoho Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 35° 52.5439' N - 77° 02.6673' W; running easterly to a point on the east shore 35° 52.5407' N - 77° 02.6280' W.

(iv)          Sweetwater Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the west shore 35° 51.6464' N - 77° 00.5090' W; running southeasterly to a point on the east shore 35° 51.6252' N - 77° 00.4879' W.

(A)          Peter Swamp - All waters within this waterbody are designated as Inland.

(v)           Devils Gut - All waters within this waterbody are designated as Joint.

(A)          Upper Deadwater Creek - All waters within this waterbody are designated as Joint.

(B)          Lower Deadwater Creek - All waters within this waterbody are designated as Joint.

(C)          Gardner Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 50.1599' N - 76° 56.0211' W; running easterly to a point on the east shore 35° 50.1633' N - 76° 55.9899' W.

(vi)          Roses Creek - Inland Waters southeast and Joint Waters northwest of a line beginning at a point on the north shore 35° 50.1683' N - 76° 50.9664' W; running southwesterly to a point on the south shore 35° 50.1363' N - 76° 56.9907' W.

(vii)         Welch Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the western shore 35° 51.8458' N - 76° 45.8381' W; running easterly along the shoreline and across the mouths of the three creek entrances to a point on the east shore 35° 51.8840' N - 76° 45.6207' W.

(18)         New Hanover County:

(a)           Cape Fear River - Joint Waters north and Coastal Waters south of a line beginning at a point on the western side 34° 13.6953' N - 77° 57.2396' W; running southeasterly along the southern side of US 17-74-76 bridge to a point on the eastern side 34° 13.6214' N - 77° 57.0341' W.

(i)            Lords Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 05.1562' N - 77° 55.3816' W; running southerly to a point on the south shore 34° 05.1303' N - 77° 55.4008' W.

(ii)           Todds Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 07.4791' N - 77° 55.5175' W; running southeasterly to a point on the south shore 34° 07.4578' N - 77° 55.5116' W.

(iii)          Barnards Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 09.4347' N - 77° 56.5969' W; running southerly to a point on the south shore 34° 09.3887' N - 77° 56.5791' W.

(iv)          Greenfield Lake Outlet - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 12.7210' N - 77° 57.2058' W; running southerly to a point on the south shore 34° 12.7075' N - 77° 57.2085' W.

(v)           Tommer Creek:

(A)          Southernmost entrance: Inland Waters northwest and Joint Waters southwest of a line beginning at a point on the west shore 34° 15.6397' N - 77° 58.9608' W; running northeasterly to a point on the east shore 34° 15.6589' N - 77° 58.9338' W; and

(B)          Northernmost entrance: Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 34° 16.6630' N - 77° 59.4699' W; running northeasterly to a point on the east shore 34° 16.6767' N - 77° 59.4506' W.

(vi)          Catfish Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 16.7546' N - 77° 59.3751' W ; running southeasterly to a point on the south shore 34° 16.7118' N - 77° 59.3870' W.

(vii)         Northeast Cape Fear River - Inland Waters north and Joint Waters south of a line beginning at a point on the west side 34° 26.5658' N - 77° 50.0871' W; running northeasterly along the southern side of NC 210 bridge to a point on the east side 34° 26.6065' N - 77° 49.9955' W.

(A)          Smiths Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 16.0366"N - 77° 56.8405' W; running southeasterly to a point on the south shore 34° 15.9919' N - 77° 56.7961' W.

(B)          Ness Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 17.1741' N - 77° 57.2460' W; running southeasterly to a point on the south shore 34° 17.1494' N - 77° 57.2044' W.

(C)          Dock Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 18.1274' N - 77° 57.3847' W; running southwesterly to a point on the south shore 34° 18.1173' N - 77° 57.3678' W.

(D)          Fishing Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 19.1613' N - 77° 57.2460' W; running southwesterly to a point on the south shore 34° 19.1331' N - 77° 57.2245' W.

(E)           Prince George Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 34° 21.8481' N - 77° 57.0066' W; running northeasterly to a point on the east shore 34° 21.8778' N - 77° 57.9755' W.

(F)           Sturgeon Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 34° 22.6796' N - 77° 51.6018' W; running northeasterly to a point on the east shore 34° 22.6931' N - 77° 51.5776' W.

(G)          Island Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the south shore 34° 23.2509' N - 77° 47.3377' W ; running northeasterly to a point on the north shore 34° 23.3322' N - 77° 49.3208' W.

(19)         Northampton County:

(a)           Roanoke River - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 36° 12.5264' N - 77° 23.0223' W; running northeasterly along the south side of the Highway 258 Bridge to a point on the east shore 36° 12.5674' N - 77° 22.9724' W.

(i)            Sandy Run (Norfleet Gut) - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 10.1119' N - 77° 17.5396' W; running northeasterly to a point on the east shore 36° 10.1172' N - 77° 17.5316' W.

(b)           Meherrin River - All waters within this waterbody up to the Virginia state line are designated as Joint.

(i)            Vaughan's Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36º 28.3541' N - 77º 05.6259' W; running southerly to a point on the south shore 36 º 28.3307' N - 77º 05.6369' W.

(20)         Onslow County:

(a)           Beasleys Creek (Barlow Creek) - All waters within this waterbody are designated as Coastal.

(b)           Kings Creek - All waters within this waterbody are designated as Coastal.

(c)           Turkey Creek - All waters within this waterbody are designated as Coastal.

(d)           Mill Creek - All waters within this waterbody are designated as Coastal.

(e)           New River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 45.1654' N - 77° 26.1222' W; running easterly along the southern side of the US Hwy 17 bridge to a point on the east shore 34° 45.2007' N - 77° 25.9790' W.

(i)            Wheeler Creek - All waters within this waterbody are designated as Coastal.

(ii)           Everett Creek - All waters within this waterbody are designated as Coastal.

(iii)          Stones Creek - All waters within this waterbody are designated as Coastal.

(iv)          Muddy Creek - All waters within this waterbody are designated as Coastal.

(v)           Mill Creek - All waters within this waterbody are designated as Coastal.

(vi)          Lewis Creek - All waters within this waterbody are designated as Coastal.

(vii)         Southwest Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 40.8723' N - 77° 26.2399' W; running northeasterly to a point on the east shore 34° 40.9112' N - 77° 26.1758' W.

(viii)        Brinson Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 44.0945' N - 77° 26.4335' W; running southerly to a point on the south shore 34° 44.0654' N - 77° 26.4239' W.

(ix)          Northeast Creek - Inland Waters northeast and Coastal Waters southwest of a line beginning at a point on the west shore 34° 44.0778' N - 77° 21.2640' W; running southeasterly along the southern side of the railroad bridge to a point on the east shore 34° 44.0446' N - 77° 21.2126' W.

(x)           Wallace Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 40.9604' N - 77° 21.5698' W; running southwesterly along the western side of the first bridge upstream from the mouth, to a point on the south shore 34° 40.8576' N - 77° 21.4787' W.

(xi)          Codels Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 38.8845' N - 77° 20.4533' W; running southerly to a point on the south shore 34° 38.8691' N - 77° 20.4515' W.

(xii)         French Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 34° 38.4059' N - 77° 20.2619' W; running southerly to a point on the south shore 34° 38.2566' N - 77° 20.3233' W.

(xiii)        Duck Creek - Inland Waters southwest and Coastal Waters northeast of a line beginning at a point on the north shore 34° 38.0179' N - 77° 20.5169' W; running southwesterly to a point on the south shore 34° 37.9172' N - 77° 20.6520' W.

(f)            Freeman (Browns) Creek - All waters within this waterbody are designated as Coastal.

(g)           Bear Creek - All waters within this waterbody are designated as Coastal.

(h)           Queens Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 42.5696' N - 77° 11.8550' W; running southerly to a point on the south shore 34° 42.4238' N - 77° 11.8550' W.

(i)            Parrotts Swamp - All waters within this waterbody are designated as Coastal.

(i)            White Oak River - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 48.1466' N - 77° 11.4711' W; running northeasterly to a point on the east shore 34° 48.1620' N - 77° 11.4244' W.

(i)            Stevens Creek - All waters within this waterbody are designated as Coastal.

(ii)           Holland Mill (Mill Pond) Creek - All waters within this waterbody are designated as Coastal.

(iii)          Webbs Creek - Inland Waters northwest and Coastal Waters southeast of a line beginning at a point on the north shore 34° 45.7559' N - 77° 10.1321' W; running southwesterly to a point on the south shore 34° 45.7404' N - 77° 10.1486' W.

(iv)          Freemans Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 46.9791' N - 77° 10.3935' W; running southerly to a point on the south shore 34° 46.9663' N - 77° 10.3999' W.

(v)           Calebs Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 34° 48.1354' N - 77° 11.4688' W; running southeasterly to a point on the south shore 34° 48.1192' N - 77° 11.4546' W.

(vi)          Grants Creek - All waters within this waterbody are designated as Inland.

(21)         Pamlico County:

(a)           Pamlico River - All waters within this waterbody are designated as Coastal.

(i)            Lower Goose Creek - All waters within this waterbody are designated as Coastal.

(A)          Dixons Creek - All waters within this waterbody are designated as Coastal.

(B)          Patons Creek - All waters within this waterbody are designated as Coastal.

(C)          Wilson Creek - All waters within this waterbody are designated as Coastal.

(D)          Eastham Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 35° 17.8205' N - 76° 35.1828' W; running southerly to a point on the south shore 35° 17.6797' N - 76° 35.1840' W.

(E)           Upper Spring Creek - All waters within this waterbody are designated as Coastal.

(F)           Intracoastal Waterway from Upper Spring Creek To Gale Creek - All waters within this waterbody are designated as Coastal.

(G)          Hunting Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35º 16.7523' N - 76º 36.8138' W; running easterly to a point on the east shore 35º 16.6779' N - 76º 36.5885' W.

(ii)           Oyster Creek - All waters within this waterbody are designated as Coastal.

(iii)          Clark Creek - All waters within this waterbody are designated as Coastal.

(A)          Middle Prong - All waters within this waterbody are designated as Coastal.

(B)          James Creek - All waters within this waterbody are designated as Coastal.

(b)           Pamlico Sound - All waters within this waterbody are designated as Coastal.

(i)            Porpoise Creek - All waters within this waterbody are designated as Coastal.

(ii)           Drum Creek - All waters within this waterbody are designated as Coastal.

(iii)          Bay River - Inland Waters south and Coastal Waters north of a line beginning at a point on the north shore 35° 08.4601' N - 76° 45.9173' W; running southeasterly to a point on the south shore 35° 08.4436' N - 76° 45.8885' W.

(A)          Gale Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 13.3142' N - 76° 36.7089' W; running southwesterly to a point on the south shore 35° 13.2964' N - 76° 36.7222' W.

(B)          Chadwick Creek - All waters within this waterbody are designated as Coastal.

(C)          Bear Creek - All waters within this waterbody are designated as Coastal.

(D)          Vandemere Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 12.0330' N - 76° 40.7460' W; running northeasterly to a point on the east shore 35° 12.0433' N - 76° 40.7235' W.

(I)            Long Creek - All waters within this waterbody are designated as Coastal.

(E)           Smith Creek - All waters within this waterbody are designated as Coastal.

(F)           Chapel Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 10.0076' N - 76° 42.4909' W; running easterly to a point on the east shore 35° 10.0096' N - 76° 42.4722' W.

(G)          Raccoon Creek - All waters within this waterbody are designated as Coastal.

(H)          Trent Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 06.2738' N - 76° 43.1071' W; running southeasterly to a point on the east shore 35° 06.2603' N - 76° 43.0741' W.

(I)            Thomas Creek - Inland Waters east and Coastal Waters west of a line beginning at a point on the north shore 35° 07.2024 ' N - 76° 43.0929' W; running southerly to a point on the south shore 35° 07.1610' N - 76° 43.0947' W.

(iv)          Masons Creek - All waters within this waterbody are designated as Coastal.

(v)           Moore Creek - All waters within this waterbody are designated as Coastal.

(vi)          Rices Creek - All waters within this waterbody are designated as Coastal.

(vii)         Ball Creek - All waters within this waterbody are designated as Coastal.

(viii)        Cabin Creek - All waters within this waterbody are designated as Coastal.

(ix)          Riggs Creek - All waters within this waterbody are designated as Coastal.

(x)           Spring Creek - All waters within this waterbody are designated as Coastal.

(xi)          Long Creek - All waters within this waterbody are designated as Coastal.

(c)           Neuse River - All waters within this waterbody are designated as Coastal.

(i)            Swan Creek - All waters within this waterbody are designated as Coastal.

(ii)           Lower Broad Creek - All waters within this waterbody are designated as Coastal.

(A)          Greens Creek - All waters within this waterbody are designated as Coastal.

(B)          Pittman Creek - All waters within this waterbody are designated as Coastal.

(C)          Burton Creek - All waters within this waterbody are designated as Coastal.

(D)          Brown Creek - All waters within this waterbody are designated as Coastal.

(I)            Spice Creek - All waters within this waterbody are designated as Coastal.

(E)           Gideon Creek - All waters within this waterbody are designated as Coastal.

(F)           Tar Creek - All waters within this waterbody are designated as Coastal.

(G)          Parris Creek - All waters within this waterbody are designated as Coastal.

(iii)          Orchard Creek - All waters within this waterbody are designated as Coastal.

(iv)          Pierce Creek - All waters within this waterbody are designated as Coastal.

(v)           Whitaker Creek - All waters within this waterbody are designated as Coastal.

(vi)          Smith Creek - Joint Waters northwest and Coastal Waters southeast of a line beginning at a point on the north shore at the Oriental Bridge 35° 01.5149' N - 76° 41.9549' W; running southwesterly to a point on the south shore 35° 01.3391' N - 76° 42.1774' W.

(vii)         Greens Creek - All waters within this waterbody are designated as Joint.

(A)          Kershaw Creek - All waters within this waterbody are designated as Joint.

(viii)        Dawson Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 00.3371' N - 76° 45.6513' W; running southerly to a point on the south shore 35° 00.1492' N - 76° 45.6202' W.

(A)          Tarkiln Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 00.4124' N - 76° 45.5392' W; running easterly to a point on the east shore 35° 00.4289' N - 76° 45.4472' W.

(ix)          Gatlin Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 58.4165' N - 76° 47.4645' W; running easterly to a point on the east shore 34° 58.4154' N - 76° 47.4371' W.

(x)           Little Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 58.5175' N - 76° 49.5822' W; running southeasterly to a point on the east shore 34° 58.5086' N - 76° 49.5680' W.

(xi)          Mill Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 34° 59.6024' N - 76° 51.1276' W; running easterly to a point on the east shore 34° 59.5955' N - 76° 51.0864' W.

(xii)         Beard Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 00.3293' N - 76° 52.1855' W; running easterly to a point on the east shore 35° 00.3055' N - 76° 51.9012' W.

(xiii)        Lower Duck Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 01.5781' N - 76° 54.1580' W; running easterly to a point on the east shore 35° 01.5566' N - 76° 54.0248' W.

(xiv)        Goose Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 03.4414' N - 76° 55.1170' W; running easterly to a point on the east shore 35° 03.3567' N - 76° 54.9728' W.

(xv)         Upper Broad Creek - Inland Waters north and Coastal Waters south of a line beginning at a point on the west shore 35° 04.5050' N - 76° 56.5269' W; running easterly to a point on the east shore 35° 04.4705' N - 76° 56.2115' W.

(22)         Pasquotank County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Little River - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 36° 12.2950' N - 76° 17.1405' W; running northeasterly to a point on the east shore 36° 12.5237' N - 76° 16.9418' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the north shore 36° 07.5322' N - 76° 10.6901' W; running southwesterly to a point on the south shore 36° 06.4199' N - 76° 11.6047' W.

(A)          Symonds Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the north shore 36° 10.2898' N - 76° 14.1801' W; running southeasterly to a point on the south shore 36° 10.2042' N - 76° 14.0368' W.

(iii)          Big Flatty Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 09.3267' N - 76° 08.2562' W; running southerly to a point on the south shore 36° 08.9730' N - 76° 08.3175' W. Joint waters north and Coastal Waters south of a line beginning at a point on the west shore 36° 07.9621' N - 76° 07.1818' W; running easterly to a point on the east shore 36° 08.2706' N - 76° 06.2525' W.

(iv)          Pasquotank River - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 18.0768' N - 76° 13.0979' W; running easterly along the south side of the Highway 158 Bridge to a point on the east shore 36° 18.0594' N - 76° 12.9620' W. Joint Waters west and Coastal Waters east of a line beginning on the north shore 36° 11.4282' N - 76° 01.2876' W; running southwesterly to a point on the south shore 36° 08.7563' N - 76° 03.6991' W.

(A)          Little Flatty Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 11.5209' N - 76° 04.6517' W; running southerly to a point on the south shore 36° 10.9973' N - 76° 04.5149' W.

(B)          New Begun Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 13.3298' N - 76° 08.2878' W; running southerly to a point on the south shore 36° 13.0286' N - 76° 08.1820' W.

(I)            Paling Creek - All waters within this waterbody are designated as Inland.

(II)          James Creek - All waters within this waterbody are designated as Inland.

(C)          Charles Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 36° 17.8090' N - 76° 13.0732' W; running easterly to a point on the east shore 36° 17.8024' N - 76° 13.0407' W.

(23)         Pender County:

(a)           Cape Fear River - All waters within this waterbody are designated as Joint.

(i)            Lyon Thoroughfare (Lyon Thorofare):

(A)          Easternmost entrance: Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 34° 22.0493' N - 78° 04.4435' W; running northeasterly to a point on the east shore 34° 22.0783' N - 78° 04.4123' W; and

(B)          Westernmost entrance: Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 21.9197' N - 78° 07.0527' W; running southeasterly to a point on the south shore 34° 21.8618' N - 78° 06.9992' W.

(ii)           Black River - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the north shore 34° 22.0783' N - 78° 04.4123' W; running southeasterly to a point on the south shore 34° 21.9950' N - 78° 04.2864' W.

(iii)          Northeast Cape Fear River - Inland Waters north and Joint Waters south of a line beginning at a point on the west side 34° 26.5658' N - 77° 50.0871' W; running northeasterly along the southern side of NC 210 bridge to a point on the east side 34° 26.6065' N - 77° 49.9955' W.

(A)          Cowpen Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 34° 22.1417' N - 77° 59.3357' W; running southerly to a point on the south shore 34° 22.1298' N - 77° 59.3426' W.

(B)          Long Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the west shore 34° 22.7149' N - 77° 58.2797' W; running northeasterly to a point on the east shore 34° 22.7428' N - 77° 58.2348' W.

(C)          Turkey Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 22.8465' N - 77° 57.4827' W; running southerly to a point on the south shore 34° 22.7895' N - 77° 57.4452' W.

(D)          Old Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 34° 22.5249' N - 77° 52.1493' W; running northeasterly to a point on the east shore 34° 22.5327' N - 77° 52.1278' W.

(E)           Honey Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 34° 22.8627' N - 77° 51.0887' W; running easterly to a point on the east shore 34° 22.8609' N - 77° 51.0507' W.

(F)           Harrisons Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the north shore 34° 24.1859' N - 77° 48.6570' W; running southwesterly to a point on the south shore 34° 24.1387' N - 77° 48.6982' W.

(G)          Island Creek - Inland Waters east and Joint Waters west of a line beginning at a point on the south shore 34° 23.2509' N - 77° 47.3377' W; running northeasterly to a point on the north shore 34° 23.3322' N - 77° 49.3208' W.

(b)           Topsail Sound And Tributaries - All waters within these waterbodies are designated as Coastal.

(c)           Beasleys (Barlow) Creek - All waters within this waterbody are designated as Coastal.

(24)         Perquimans County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Yeopim River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 05.4526' N - 76° 27.7651' W; running southerly to a point on the south shore at Norcum Point 36° 05.1029' N - 76° 27.7120' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the north shore 36° 04.7426' N - 76° 24.2536' W; running southwesterly to a point on the south shore 36° 04.1136' N - 76° 24.5365' W.

(A)          Yeopim Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore of 36° 04.7206' N - 76° 24.8396' W; running easterly to a point on the east shore 36° 04.7426' N - 76° 24.2536' W.

(iii)          Perquimans River - Joint Waters west and Coastal Waters east of a line beginning at a point on the west shore 36° 05.9669' N - 76° 18.1791' W; running northeasterly to a point on the east shore 36° 06.7655' N - 76° 16.5953' W. Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the west shore 36° 11.6569' N - 76° 28.0055' W; running southeasterly to a point on the east shore 36° 11.6123' N - 76° 27.9382' W.

(A)          Walter's Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the north shore 36° 11.1305' N - 76° 27.9185' W; running southeasterly to a point on the south shore 36° 11.0224' N - 76° 27.6626' W.

(B)          Mill Pond Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 11.9757' N - 76° 27.5752' W; running easterly to a point on the east shore 36° 11.9766' N - 76° 27.2511' W.

(C)          Suttons Creek - Inland Waters north and Joint Waters south of a line beginning at a point on the west shore 36° 10.0394' N - 76° 23.7945' W; running southeasterly to a point on the east shore 36° 09.9325' N - 76° 23.5263' W.

(D)          Jackson (Cove) Creek - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the north shore 36° 08.4642' N - 76° 20.3324' W; running southeasterly to a point on the east shore 36° 08.4159' N - 76° 20.2890' W.

(E)           Muddy Creek - Inland Waters northwest and Joint Waters southwest of a line beginning at a point on the north shore 36° 07.0381' N - 76° 17.1350' W; running southeasterly to a point on the east shore 36° 07.0218' N - 76° 17.1226' W.

(iv)          Little River - Inland Waters northwest and Joint Waters southeast of a line beginning at a point on the west shore 36° 12.2950' N - 76° 17.1405' W; running northeasterly to a point on the east shore 36° 12.5237' N - 76° 16.9418' W. Joint Waters west and Coastal Waters east of a line beginning at a point on the north shore 36° 07.5322' N - 76° 10.6901' W; running southwesterly to a point on the south shore 36° 06.4199' N - 76° 11.6047' W.

(A)          Deep Creek - Inland Waters southwest and Joint Waters northeast of a line beginning at a point on the north shore 36° 11.0945' N - 76° 16.6717' W; running southeasterly to a point on the south shore 36° 10.7510' N - 76° 16.2258' W.

(B)          Davis Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 36° 12.2950' N - 76° 17.1405' W; running southerly to a point on the south shore 36° 12.2222' N - 76° 17.1153' W.

(25)         Tyrrell County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Banton (Maybell) Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35º 56.0552' N - 76º 22.0664' W; running northeasterly to a point on the east shore 35º 56.1151' N - 76º 21.8760' W.

(iii)          Scuppernong River - Coastal Waters northwest and Joint Waters southeast of a line beginning at a point on the northeast shore 35° 56.7196' N - 76° 18.8964' W; running southwesterly to a point on the southwest shore at 35° 56.3351' N - 76° 19.6609' W. Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 54.0158' N - 76° 15.4605' W; running easterly to a point on the east shore 35° 54.0406' N - 76° 15.3007' W.

(A)          First Creek (Rider's Creek) - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 54.0495' N - 76° 15.2842' W; running northeasterly to a point on the east shore 35° 54.0641' N - 76° 15.2554' W.

(B)          Furlough Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 55.6391' N - 76° 18.9797' W; running southwesterly to a point on the south shore 35° 55.6322' N - 76° 18.9907' W.

(iv)          Alligator River - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore at Cherry Ridge Landing 35° 42.2172' N - 76° 08.4686' W; running southerly to a point on the south shore 35° 42.1327' N - 76° 08.5002' W. Coastal Waters north and Joint Waters south of a line running along the north side of the Highway 64 Bridge beginning at a point on the west shore 35° 54.2903' N - 76° 01.6818' W; running easterly to a point on the east shore 35° 53.6835' N - 75° 58.8578' W.

(A)          Little Alligator River - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 56.7640' N - 76° 01.0299' W; running southerly to a point on the south shore 35° 55.9362' N - 76° 01.2492' W.

(B)          Second Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 51.7616' N - 76° 03.5105' W; running southerly to a point on the south shore 35° 51.1317' N - 76° 03.8003' W.

(C)          Goose Creek - Inland Waters west and Joint Waters east of a line beginning at a point on the north shore 35° 50.2658' N - 76° 03.9115' W; running southerly to a point on the south shore 35° 50.2123' N - 76° 03.9120' W.

(D)          The Frying Pan - All waters within this waterbody are designated as Joint.

(E)           Gum Neck Landing Ditch - Inland Waters northeast and Joint Waters southwest of a line beginning at a point on the west shore 35° 41.6054' N - 76° 06.8215' W; running southeasterly to a point on the east shore 35° 41.5841' N - 76° 06.7991' W.

(26)         Washington County:

(a)           Albemarle Sound - All waters within this waterbody are designated as Coastal.

(i)            All Manmade Tributaries - All manmade tributaries within this waterbody are designated as Joint.

(ii)           Mackeys (Kendrick) Creek - Inland Waters southeast and Coastal Waters northwest of a line beginning at a point on the north shore 35° 56.3806' N - 76° 36.4356' W; running southwesterly to a point on the south shore 35° 56.3122' N - 76° 36.4613' W.

(iii)          Pleasant Grove Creek (Cherry Swamp) - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 56.4791' N - 76° 34.1624' W; running easterly to a point on the east shore 35° 56.5042' N - 76° 34.0319' W.

(iv)          Chapel Swamp Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 56.4150' N - 76° 33.3494' W; running easterly to a point on the east shore 35° 56.4122' N - 76° 33.3091' W.

(v)           Bull Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 56.9954' N - 76° 23.0291' W; running southerly to a point on the south shore 35° 56.9602' N - 76° 23.0282' W.

(vi)          Deep Creek - Inland Waters west and Coastal Waters east of a line beginning at a point on the north shore 35° 56.1291' N - 76° 23.1179' W; running southerly to a point on the south shore 35° 56.0744' N - 76° 23.1230' W.

(vii)         Banton (Maybell) Creek - Inland Waters south and Coastal Waters north of a line beginning at a point on the west shore 35° 56.0552' N - 76° 22.0664' W; running northeasterly to a point on the east shore 35° 56.1151' N - 76° 21.8760' W.

(b)           Roanoke River - Joint Waters south and Coastal Waters north of a line beginning at a point on the west shore of the Roanoke River 35° 56.5068' N - 76° 41.8858' W; running easterly to a point on the east shore 35° 56.5324' N - 76° 41.5896' W.

(i)            Conaby Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the west shore 35° 55.3779' N - 76° 42.4401' W; running easterly to a point on the east shore 35° 55.3752' N - 76° 42.3408' W.

(ii)           Welch Creek - Inland Waters south and Joint Waters north of a line beginning at a point on the western shore 35º 51.8458' N - 76º 45.8381' W; running easterly along the shoreline and across the mouths of the three creek entrances to a point on the east shore 35º 51.8840' N - 76º 45.6207' W.

(c)           Scuppernong River - All waters within this waterbody are designated as Inland.

 

History Note:        Authority G.S. 113‑132; 113‑134; 143B‑289.52;

Eff. February 1, 1991;

Amended Eff. May 1, 2015; June 1, 2013; April 1, 2009; August 1, 2004; July 1, 1993; September 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

 

 

SUBCHAPTER 03R ‑ DESCRIPTIVE BOUNDARIES

 

SECTION .0100 - DESCRIPTIVE BOUNDARIES

 

15a ncac 03r .0101      SEA TURTLE SANCTUARY

The sea turtle sanctuary referenced in 15A NCAC 03I .0107 is in the Atlantic Ocean adjacent to Onslow County. It is bounded by a line beginning near the easternmost end of Hammocks Beach (Bear Island) at a point 34° 38.3990' N ‑ 77° 07.2962' W; running southeasterly to a point near the Bogue Inlet Bell Buoy 34° 38.3063' N – 77° 07.0738' W; running southwesterly 1,000 feet offshore parallel with the ocean shoreline of Bear Island to a point 34° 37.1000' N ‑ 77° 10.1000' W; running southerly to a point 34° 36.7000' N ‑ 77° 09.8000' W, running southwesterly to a point 34° 35.1000' N – 77° 13.2000' W; running northerly to a point off the mouth of Brown's Inlet 34° 35.6000' N ‑ 77° 13.6000' W; running southwesterly parallel with the ocean shoreline 1,000 feet offshore to a point 34° 34.7000' N ‑ 77° 15.1000' W; running southeasterly to a point 34° 34.3000' N ‑ 77° 14.7000' W; W, running southwesterly to a point near the New River Inlet Bell Buoy 34° 31.0500' N – 77° 19.8333' W; running northwesterly to a point near the southernmost tip of Onslow Beach 34° 31.9226' N ‑ 77° 20.3045' W; then running northeasterly following the shoreline at mean high water across Brown and Bear inlets on the COLREGS demarcation line (as indicated on National Ocean Service navigation charts for the area) to the point of beginning.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Recodified from 15A NCAC 3R .0001 Eff. December 17, 1996;

Amended Eff. August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0102      MILITARY DANGER ZONES AND RESTRICTED AREAS

The designated military danger zones and restricted areas referenced in 15A NCAC 03I .0110(b) are delineated in the following areas:

(1)           Currituck Sound:

(a)           In the vicinity of North Landing River, the waters within a circular area with a radius of 1,000 yards having its center at a point 36° 31.0000' N - 76° 01.6666' W.

(b)           In the vicinity of Northern Currituck Sound, southeasterly of a line beginning at a point 36° 28.0826' N - 75° 58.3818' W; running southerly to a point 36° 26.0657' N - 75° 57.0005' W; running easterly to a point 36° 26.0831' N - 75° 55.4026' W; northerly to a point 36° 28.1984' N - 75° 54.7119' W; westerly to the point of beginning 36° 28.0826' N - 75° 58.3818' W.

(2)           Albemarle Sound:

(a)           In the vicinity of Harvey Point, southwest of a line beginning at a point on shore at Harvey Neck 36° 05.3354' N - 76° 20.3059' W; running southeasterly to a point 36° 03.4999' N - 76° 21.7333' W; running southeasterly to a point 36° 02.2999' N - 76° 19.5000' W; running easterly to a point 36° 03.0999' N - 76° 16.7166' W; running northerly to a point 36° 04.8744' N – 76° 17.5538' W; running northerly to a point onshore at Harvey Neck 36° 05.9802' N - 76° 18.1612' W.

(b)           Along south shore of Albemarle Sound, southeast of a line beginning at a point 36° 00.7166' N - 76° 19.3333' W; running southerly to a point 35° 59.5833' N - 76° 19.3333' W; running easterly to a point 36° 00.1999' N - 76° 04.4333' W; running northerly to a point 36° 02.6666' N - 76° 04.4333' W; running westerly to the point of the beginning 36° 00.7166' N - 76° 19.3333' W.

(i)            Southeast of a line beginning at a point 36° 00.7166' N - 76° 19.3333' W; running southerly to a point 35° 59.5833' N - 76° 19.3333' W; running easterly to a point 35° 59.7499' N - 76° 14.5000' W; running northerly to point 36° 01.3333' N - 76° 14.5002' W; running westerly to the point of the beginning 36° 00.7166' N – 76° 19.3333' W.

(ii)           Southeast of a line beginning at a point 36° 01.3333' N - 76° 14.5002' W; running southerly to a point 35° 59.7499' N - 76° 14.5000' W; running easterly to a point 36° 00.0833' N - 76° 07.2499' W; running northerly to a point 36° 02.2999' N - 76° 07.2499' W; running westerly to the point of the beginning 36° 01.3333' N - 76° 14.5002' W.

(iii)          Southeast of a line beginning at a point 36° 02.2999' N - 76° 07.2499' W; running southerly to a point 36° 00.0833' N - 76° 07.2499' W; running easterly to a point 36° 00.1999' N – 76° 04.4333' W; running northerly to a point 36° 02.6666' N - 76° 04.4334' W; running westerly to the point of the beginning 36° 02.2999' N - 76° 07.2499' W.

(3)           Pamlico Sound:

(a)           In the vicinity of Long Shoal, the waters within a circular area with a radius of one and one-half nautical miles having its center at a point 35° 32.3000' N – 75° 40.6500' W;

(b)           In the vicinity of Brant Island, the waters within a circular area with a radius of 3.0 statute miles having its center at a point 35° 12.5000' N – 76° 26.5000' W;

(c)           In the vicinity of Piney Island, the waters within a circular area with a radius of:

(i)            0.5 statute mile having its center at a point 35° 04.2000' N - 76° 28.4000' W;

(ii)           1.8 statute mile having its center at a point 35° 02.2000' N – 76° 28.0000' W;

(iii)          0.5 statute mile having its center at a point 35° 01.7000' N – 76° 25.8000' W;

(iv)          0.5 statute mile having its center at a point 34° 58.8000' N – 76° 26.2000' W.

(4)           In the Neuse River and its tributaries, within 500 feet from of the shore along the reservation of the Marine Corps Air Station, Cherry Point, North Carolina, beginning on the reservation west of Slocum Creek at a point 34° 57.8766' N – 76° 54.8823' W; running southeasterly, east of Hancock Creek to a point 34° 56.1855' N – 76° 50.6363' W; including all waters of Slocum and Hancock creeks and their tributaries within the boundaries of the reservation.

(5)           Atlantic Ocean:

(a)           In the vicinity east of New River Inlet, beginning at a point on the ocean shoreline of the southwest portion of Onslow Beach 34° 32.5609' N - 77° 18.5578' W; running southwesterly to a point 34° 23.7279' N - 77° 23.5996' W; east and north of an arc of a circle to a point 34° 35.3465' N - 77° 01.2528' W; northwesterly to a point on the ocean shoreline on the southwest shore of Bear Inlet 34° 37.3793' N - 77° 10.2449' W: running southwesterly following the ocean shoreline to the point of the beginning 34° 32.5609' N - 77° 18.5578' W.

(b)           In the vicinity of Bear Inlet, southwest and southeast of a line beginning at a point 34° 37.5333' N – 77° 12.0500' W; running southwesterly to a point 34° 34.8333' N – 77° 15.1666' W; running southerly to a point 34° 28.9166' N – 77° 15.0833' W; running easterly to a point 34° 32.4500' N – 77° 06.5000' W; running northerly to a point 34° 37.7333' N – 77° 10.5833' W; running southwesterly to a point 34° 36.9666' N – 77° 11.4166' W; running to the northwesterly to the point of the beginning 34° 37.5333' N – 77° 12.0500' W.

(6)           Brown's Inlet between Bear Creek and the Onslow Beach Bridge and the Atlantic Ocean:

(a)           In vicinity of Bear Inlet, southwesterly and southeasterly of line beginning at a point on the north shoreline of the IWW near Bear Creek 34° 38.0450' N - 77° 12.2606' W; running southwesterly parallel to the IWW to a point near the northwest side of the Onslow Beach Bridge 34° 34.5445' N – 77° 16.3578' W; running through the Onslow Beach Bridge to a point on the ocean shoreline 34° 34.1240' N – 77° 16.2896' W running northeasterly following the ocean shoreline across Brown's Inlet to a point 34° 37.0903' N - 77° 10.7206' W; running around the shoreline of Bear Inlet to a point 34° 37.2494' N – 77° 10.7206' W; running along the northeast shoreline of Bear Creek to the south shoreline of the IWW to a point 34° 37.9597' N – 77° 12.2038' W; running across the IWW to include all inlets, streams, bays and water therein to the point of the beginning 34° 38.0450' N – 77° 12.2606' W.

(7)           New River within eight sections:

(a)           Trap Bay Sector, in New River, north of a line beginning on the west shore 34° 33.1209' N - 77° 21.7232' W; running easterly to a point 34° 33.2885' N - 77° 21.0809' W; running easterly to a point on the east shore 34° 33.2054' N - 77° 20.4736' W; following the northeast shoreline to include all streams, bays and waters therein to a point 34° 34.1996' N - 77° 21.6639' W; running southwest to a point 34° 33.6955' N -77° 22.3780' W; following the southwest shoreline to include all streams, bays and water therein to a point of the beginning 34° 33.1209' N - 77° 21.7232' W.

(b)           Courthouse Bay Sector, in New River, north of a line beginning on the southwest shore to a point 34° 33.6955' N -77° 22.3780' W; running to a point on the northeast shore 34° 34.1996' N - 77° 21.6639' W; following the northeast shoreline to include all streams, bays and water therein to a point on the northshore near Hwy. 172 Bridge 34° 34.7737' N - 77° 23.9604' W; running to a point on the southshore near Hwy. 172 Bridge 34° 34.5917' N - 77° 23.9464' W; following the southeast shoreline to include all streams, bays and waters therein to the point of the beginning 34° 33.6955' N -77° 22.3780' W.

(c)           Stone Bay Sector, in New River, north of a line beginning on the southwest shore near Hwy. 172 Bridge 34° 34.5917' N - 77° 23.9464' W; running to a point on the north shore near Hwy. 172 Bridge 34° 34.7737' N - 77° 23.9604' W; following the north shoreline to a point 34° 35.7399' N - 77° 24.0444' W; running to a point on the Grey Point Sector Line 34° 36.3841' N - 77° 25.9488' W; running westerly to a point on the west shore 34° 36.5801' N - 77° 26.6910' W; following the west shore to the point of the beginning near Hwy. 172 Bridge 34° 34.5917' N - 77° 23.9464' W.

(d)           Stone Creek Sector, in New River, southwest of a line beginning on the north shore 34° 37.1122' N - 77° 25.9628' W; running southerly to a point on the Grey Point Sector line 34° 36.3841' N - 77° 25.9488' W; running westerly to a point on the west shore 34° 36.5801' N - 77° 26.6910' W; following the shoreline to include all streams, bays and water therein to the point of beginning 34° 37.1122' N - 77° 25.9628' W.

(e)           Grey Point Sector, in New River, northeast of a line beginning on the west shore 34° 36.5801' N - 77° 26.6910' W; running easterly to a point on the east shore 34° 35.7399' N - 77° 24.0444' W; following the easterly shoreline including all streams, bays and water therein to a point 34° 38.2465' N - 77° 20.3336' W; running northwest to a point on the west shore 34° 39.1847' N - 77° 22.8821' W; following the west shoreline to include all streams, bays and waters therein to a point 34° 37.1122' N - 77° 25.9628' W; running southerly to a point on the Grey Point Sector line 34° 36.3841' N - 77° 25.9488' W.

(f)            Farnell Bay Sector, in New River, north of a line on the west shore 34° 39.1847' N - 77° 22.8821' W; running to a point on the east shore 34° 38.2465' N - 77° 20.3336' W; in Frenchs Creek, west of a line on the north shore 34° 38.3585' N - 77° 19.9695' W; running to a point on the south shore 34° 38.1064' N - 77° 19.9415' W; following the east shoreline to a point 34° 40.4730' N - 77° 22.7141' W; running northwest to a point on the west shore 34° 40.7530' N - 77° 23.9744' W; following the west shoreline to include all streams, bays and waters therein to a point 34° 39.1847' N - 77° 22.8821' W.

(g)           Morgan Bay Sector, in New River, north of a line on the west shore 34° 40.7530' N - 77° 23.9744' W; running to a point on the east shore 34° 40.4730' N - 77° 22.7141' W; in Wallace Creek, west of a line 34° 40.9070' N - 77° 21.9719' W; running south to a point on the south shore 34° 40.6970' N - 77° 21.9579' W; following the east shoreline to a point 34° 42.5526' N - 77° 23.6712' W; running south to a point on the west shore 34° 42.0211' N - 77° 24.9325' W; following the west shoreline to include all streams, bays and waters therein to a point 34° 40.7530' N - 77° 23.9744' W.

(h)           Jacksonville Sector in New River, Southwest Creek; northwest of a line beginning at a point 34° 41.0751' N - 77° 25.6267' W; to a point on the south shore 34° 40.9581' N - 77° 25.6624' W; north of a line beginning at a point on the northeast shoreline of Southwest Creek 34° 42.0211' N - 77° 24.9325' W; running northwest to a point on the east shoreline of New River 34° 42.5526' N - 77° 23.6712' W; southeast of a line beginning at a point on the west shore of New River 34° 43.7028' N - 77° 25.8448' W; running east to a point on the east shore of New River 34° 43.7108' N - 77° 25.5275' W; southwest of a line beginning at a point on the north shore of Northeast Creek 34° 43.7108' N - 77° 23.4412' W; running southerly to a point on the south shore of Northeast Creek 34° 43.3696' N - 77° 23.4333' W;

(8)           Cape Fear River:

(a)           In the vicinity of Sunny Point Army Terminal, beginning at a point onshore west of the main ship channel 33° 58.2950' N - 77° 58.1533' W; running easterly to a point near marker #23, 33° 58.2950' N - 77° 56.9517' W; running northerly parallel with the shoreline to a point 33° 59.1838' N - 77° 56.8694' W; running northerly parallel to the shoreline to a point 34° 00.6158' N - 77° 56.4250' W; running northerly parallel to the shoreline to a point 34° 02.0478' N - 77° 56.4250' W; running westerly back to a point onshore 34° 02.0642' N - 77° 56.6061' W.

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994; July 1, 1993; September 1, 1991;

Recodified from 15A NCAC 3R .0002 Eff. December 17, 1996;

Amended Eff. August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0103      PRIMARY NURSERY AREAS

The primary nursery areas referenced in 15A NCAC 03N .0104 are delineated in the following coastal water areas:

(1)           In the Roanoke Sound Area:

(a)           Shallowbag Bay:

(i)            Dough Creek - northeast of a line beginning on the west shore at a point 35° 54.5396' N ‑ 75° 39.9681' W; running northeasterly to the east shore to a point 35° 54.4615' N ‑ 75° 40.1598' W; and west of a line that crosses a canal on the east side of Dough Creek beginning on the north shore at a point 35° 54.7103' N - 75° 40.0951' W; running southerly to the south shore to a point 35° 54.6847' N - 75° 40.0882' W; and

(ii)           Scarborough Creek - south of a line beginning on the west shore at a point 35° 53.9801' N ‑ 75° 39.5985' W; running northeasterly to the east shore to a point 35° 54.0372' N ‑ 75° 39.5558' W; and

(b)           Broad Creek - all waters north of a line beginning on the west shore at a point 35° 51.9287' N - 75° 38.3377' W; running northeasterly to the east shore to a point 35° 52.0115' N ‑ 75° 38.1792' W; and west and south of a line beginning on the north shore at a point 35° 53.3655' N - 75° 38.0254' W; running southeasterly to the south shore to a point 35° 53.3474' N - 75° 37.9430' W;

(2)           In the Northern Pamlico Sound Area:

(a)           Long Shoal River:

(i)            Long Shoal River - northwest of a line beginning on the north shore at a point 35° 38.0175' N ‑ 75° 52.9270' W; running southwesterly to the south shore to a point 35° 37.8369' N ‑ 75° 53.1060' W;

(ii)           Deep Creek - southeast of a line beginning on the north shore at a point 35° 37.7346' N ‑ 75° 52.1383' W; running southwesterly to the south shore to a point 35° 37.6673' N ‑ 75° 52.2997' W;

(iii)          Broad Creek - west of a line beginning on the north shore at a point 35° 35.9820' N ‑ 75° 53.6789' W; running southerly to the south shore to a point 35° 35.7093' N ‑ 75° 53.7335' W;

(iv)          Muddy Creek - east of a line beginning on the north shore at a point 35° 36.4566' N ‑ 75° 52.1460' W; running southerly to the south shore to a point 35° 36.2828' N ‑ 75° 52.1640' W;

(v)           Pains Bay - north of a line beginning on the west shore at a point 35° 35.4517' N ‑ 75° 49.1414' W; running easterly to the east shore to a point 35° 35.4261' N ‑ 75° 48.8029' W;

(vi)          Otter Creek - southwest of a line beginning on the west shore at a point 35° 33.2597' N ‑ 75° 55.2129' W; running easterly to the east shore to a point 35° 33.1995' N ‑ 75° 54.8949' W; and

(vii)         Clark Creek - northeast of a line beginning on the north shore at a point 35° 35.7776' N ‑ 75° 51.4652' W; running southeasterly to the south shore to a point 35° 35.7128' N ‑ 75° 51.4188' W;

(b)           Far Creek - west of a line beginning on the north shore at a point 35° 30.9782' N - 75° 57.7611' W; running southerly to Gibbs Point to a point 35° 30.1375' N ‑ 75° 57.8108' W;

(c)           Middletown Creek - west of a line beginning on the north shore at a point 35° 28.4868' N ‑ 75° 59.8186' W; running southwesterly to the south shore to a point 35° 28.1919' N ‑ 76° 00.0216' W;

(d)           Wysocking Bay:

(i)            Lone Tree Creek - east of a line beginning on the north shore at a point 35° 25.6048' N ‑ 76° 02.3577' W; running southeasterly to the south shore to a point 35° 25.1189' N ‑ 76° 02.0499' W;

(ii)           Wysocking Bay - north of a line beginning on the west shore at a point 35° 25.7793' N ‑ 76° 03.5773' W; running northeasterly to the east shore to a point 35° 25.9585' N ‑ 76° 02.9055' W;

(iii)          Douglas Bay - northwest of a line beginning on Mackey Point at a point 35° 25.2627' N ‑ 76° 03.1702' W; running southwesterly to the south shore to a point 35° 24.8225' N ‑ 76° 03.6353' W; and

(iv)          Tributaries west of Brown Island - west of a line beginning on Brown Island at a point 35° 24.3606' N - 76° 04.4557' W; running southerly to the north shore of Brown Island to a point 35° 24.2081' N ‑ 76° 04.4622' W; and northwest of a line beginning on the south shore of Brown Island at a point 35° 23.8255' N - 76° 04.4761' W; running southwesterly to a point 35° 23.6543' N ‑ 76° 04.8630' W;

(e)           East Bluff Bay - Harbor Creek east of a line beginning on the north shore at a point 35° 21.5762' N - 76° 07.8755' W; running southerly to a point 35° 21.4640' N ‑ 76° 07.8750' W; running easterly to the south shore to a point 35° 21.4332' N - 76° 07.7211' W;

(f)            Cunning Harbor tributaries - north of a line beginning on the west shore at a point 35° 20.7567' N ‑ 76° 12.6379' W; running easterly to the east shore to a point 35° 20.7281' N ‑ 76° 12.2292' W;

(g)           Juniper Bay:

(i)            Upper Juniper Bay - north of a line beginning on the west shore at a point 35° 23.1687' N ‑ 76° 15.1921' W; running easterly to the east shore to a point 35° 23.1640' N ‑ 76° 14.9892' W;

(ii)           Rattlesnake Creek - west of a line beginning on the north shore at a point 35° 22.9453' N ‑ 76° 15.2748' W, running southerly to the south shore to a point 35° 22.8638' N ‑ 76° 15.3461' W;

(iii)          Buck Creek - north of a line beginning on the west shore at a point 35° 21.5220' N ‑ 76° 13.8865' W; running southeasterly to the east shore to a point 35° 21.3593' N ‑ 76° 13.7039' W;

(iv)          Laurel Creek - east of a line beginning on the north shore at a point 35° 20.6693' N ‑ 76° 13.3177' W; running southerly to the south shore to a point 35° 20.6082' N ‑ 76° 13.3305' W; and

(v)           Old Haulover - west of a line beginning on the north shore at a point 35° 22.0186' N ‑ 76° 15.6736' W; running southerly to the south shore to a point 35° 21.9708' N ‑ 76° 15.6825' W;

(h)           Swanquarter Bay:

(i)            Upper Swanquarter Bay - north of a line beginning on the west shore at a point 35° 23.5651' N - 76° 20.6715' W; running easterly to the east shore to a point 35° 23.6988' N - 76° 20.0025' W;

(ii)           Oyster Creek - east of a line beginning on the north shore at a point 35° 23.1214' N ‑ 76° 19.0026' W; running southeasterly to the south shore to a point 35° 23.0117' N ‑ 76° 18.9591' W; and

(iii)          Caffee Bay:

(A)          Unnamed tributary - north of a line beginning on the west shore at a point 35° 22.1604' N ‑ 76° 18.9140' W; running easterly to the east shore to a point 35° 22.1063' N ‑ 76° 18.7500' W;

(B)          Unnamed tributary - north of a line beginning on the west shore at a point 35° 22.1573' N ‑ 76° 18.5101' W; running easterly to the east shore to a point 35° 22.1079' N ‑ 76° 18.1562' W; and

(C)          Upper Caffee Bay (Haulover) - east of a line beginning on the north shore at a point 35° 21.8499' N ‑ 76° 17.5199' W; running southerly to the south shore to a point 35° 21.5451' N - 76° 17.4966' W;

(i)            Rose Bay:

(i)            Rose Bay - north of a line beginning on the west shore at a point 35° 26.6543' N - 76° 25.3992' W; running easterly to Channel Marker "6"; running northeasterly to Watch Point to a point 35° 26.8515' N ‑ 76° 25.0055' W;

(ii)           Island Point Creek - west of a line beginning on the north shore at a point 35° 26.0413' N ‑ 76° 25.0452' W; running southeasterly to the south shore to a point 35° 25.9295' N ‑ 76° 24.9882' W;

(iii)          Tooley Creek - west of a line beginning on the north shore at a point 35° 25.4937' N ‑ 76° 25.5324' W; running southerly to the south shore to a point 35° 25.1819' N ‑ 76° 25.5776' W;

(iv)          Broad Creek - east of a line beginning on the north shore at a point 35° 24.4620' N ‑ 76° 23.3398' W; running southwesterly to the south shore to a point 35° 24.2352' N ‑ 76° 23.5158' W;

(v)           Lightwood Snag Bay - northwest of a line beginning on the north shore at a point 35° 24.3340' N ‑ 76° 25.9680' W; running southwesterly to a point 35° 24.2610' N ‑ 76° 26.1800' W; running southwesterly to a point on the shore 35° 23.9270' N ‑ 76° 26.3300' W;

(vi)          Deep Bay:

(A)          Old Haulover - north of a line beginning on the west shore at a point 35° 23.2140' N ‑ 76° 22.8560' W; running easterly to the east shore to a point 35° 23.2124' N ‑ 76° 22.7340' W; and

(B)          Drum Cove (Stinking Creek) - south of a line beginning on the west shore at a point 35° 22.5212' N ‑ 76° 24.7321' W; running southeasterly to the east shore to a point 35° 22.4282' N ‑ 76° 24.5147' W; and

(vii)         Eastern tributaries (Cedar Hammock and Long Creek) - east of a line beginning on the north shore at a point 35° 24.9119' N ‑ 76° 23.1587' W; running southerly to the south shore to a point 35° 24.6700' N ‑ 76° 23.2171' W;

(j)            Spencer Bay:

(i)            Germantown Bay:

(A)          Ditch Creek - northwest of a line beginning on the north shore at a point 35° 24.1874' N ‑ 76° 27.8527' W; running southwesterly to the south shore to a point 35° 24.0937' N ‑ 76° 27.9348' W;

(B)          Jenette Creek - northwest of a line beginning on the north shore at a point 35° 24.5054' N ‑ 76° 27.6258' W; running southwesterly to the south shore to a point 35° 24.4642' N ‑ 76° 27.6659' W;

(C)          Headwaters of Germantown Bay - north of a line beginning on the west shore at a point 35° 24.8345' N ‑ 76° 27.2605' W; running southeasterly to the east shore to a point 35° 24.6210' N ‑ 76° 26.9221' W; and

(D)          Swan Creek - southeast of a line beginning on the north shore at a point 35° 24.4783' N ‑ 76° 27.1513' W; running southwesterly to the south shore to a point 35° 24.3899' N ‑ 76° 27.2809' W;

(ii)           Unnamed tributary - west of a line beginning on the north shore at a point 35° 22.9741' N ‑ 76° 28.3469' W; running southerly to the south shore to a point 35° 22.8158' N ‑ 76° 28.3280' W;

(iii)          Unnamed tributary - west of a line beginning on the north shore at a point 35° 23.1375' N ‑ 76° 28.5681' W; running southerly to the south shore to a point 35° 23.0209' N ‑ 76° 28.5060' W;

(iv)          Unnamed tributary - southwest of a line beginning on the north shore at a point 35° 23.3775' N ‑ 76° 28.7332' W; running southeasterly to the south shore to a point 35° 23.3297' N ‑ 76° 28.5608' W;

(v)           Unnamed tributaries - northwest of a line beginning on the north shore at a point 35° 23.7207' N ‑ 76° 28.6590' W; running southwesterly to the south shore to a point 35° 23.4738' N ‑ 76° 28.7763' W;

(vi)          Upper Spencer Bay - northwest of a line beginning on the north shore at a point 35° 24.3129' N ‑ 76° 28.5300' W; running southwesterly to the south shore to a point 35° 23.9681' N ‑ 76° 28.7671' W; and

(vii)         Spencer Creek - east of a line beginning on the north shore at a point 35° 23.9990' N ‑ 76° 27.3702' W; running southerly to the south shore to a point 35° 23.8598' N ‑ 76° 27.4037' W;

(k)                                   Long Creek - north of a line beginning on the west shore at a point 35° 22.4678' N ‑ 76° 28.7868' W; running southeasterly to the east shore to a point 35° 22.3810' N ‑ 76° 28.7064' W;

(l)                                    Willow Creek - east of a line beginning on the north shore at a point 35° 23.1370' N ‑ 76° 29.8829' W; running southeasterly to the south shore to a point 35° 22.9353' N ‑ 76° 29.7215' W;

(m)                                  Abels Bay - north and east of a line beginning on the west shore at a point 35° 24.1072' N ‑ 76° 30.3848' W; running southeasterly to the east shore to a point 35° 23.9898' N ‑ 76° 30.1178' W; thence running southerly to the south shore to a point 35° 23.6947' N ‑ 76° 30.1900' W; and

(n)                                   Crooked Creek - north of a line beginning on the west shore at a point 35° 24.4138' N ‑ 76° 32.2124' W; running easterly to the east shore to a point 35° 24.3842' N ‑ 76° 32.0419' W;

(3)           In the Pungo River Area:

(a)           Fortescue Creek:

(i)            Headwaters of Fortescue Creek - southeast of a line beginning on the south shore at a point 35° 25.5379' N - 76° 30.6923' W; running easterly to the north shore to a point 35° 25.5008' N ‑ 76° 30.5537' W;

(ii)           Warner Creek - north of a line beginning on the west shore at a point 35° 26.2778' N - 76° 31.5463' W; running easterly to the east shore to a point 35° 26.3215' N ‑ 76° 31.4522' W;

(iii)          Island Creek - north of a line beginning on the west shore at a point 35° 26.1342' N ‑ 76° 32.3883' W; running easterly to the east shore to a point 35° 26.1203' N ‑ 76° 32.2603' W;

(iv)          Dixon Creek - south of a line beginning on the west shore at a point 35° 25.5766' N ‑ 76° 31.8489' W; running easterly to the east shore to a point 35° 25.5865' N ‑ 76° 31.6960' W;

(v)           Pasture Creek - north of a line beginning on the west shore at a point 35° 25.9437' N ‑ 76° 31.8468' W; running southwesterly to the east shore to a point 35° 25.9918' N ‑ 76° 31.7224' W;

(vi)          Cox, Snell, and Seer Creeks - northeast of a line beginning on the west shore at a point 35° 26.0496' N ‑ 76° 31.2087' W; running southeasterly to the east shore to a point 35° 25.8497' N ‑ 76° 30.8828' W;

(vii)         Unnamed tributary on the north side of Fortescue Creek - northeast of a line beginning on the west shore at a point 35° 25.7722' N ‑ 76° 30.7825' W; running southeasterly to the east shore to a point 35° 25.7374' N ‑ 76° 30.7102' W; and

(viii)        Runway Creek - northeast of a line beginning on the west shore at a point 35° 25.6547' N ‑ 76° 30.6637' W; running easterly to the east shore to a point 35° 25.6113' N ‑ 76° 30.5714' W;

(b)           Slade Creek:

(i)            Upper Slade Creek - south of a line beginning on the north shore at a point 35° 27.9168' N ‑ 76° 30.5189' W; running westerly to the south shore to a point 35° 27.9532' N ‑ 76° 30.7140' W;

(ii)           Jarvis Creek - northeast of a line beginning on the west shore at a point 35° 28.2450' N ‑ 76° 30.8921' W; running southeasterly to the east shore to a point 35° 28.2240' N ‑ 76° 30.8200' W;

(iii)          Jones Creek - south of a line beginning on the west shore at a point 35° 28.0077' N ‑ 76° 30.9337' W; running southeasterly to the east shore to a point 35° 27.9430' N - 76° 30.8938' W;

(iv)          Becky Creek - north of a line beginning on the west shore at a point 35° 28.6081' N - 76° 31.6886' W; running northeasterly to the east shore to a point 35° 28.6297' N ‑ 76° 31.6073' W;

(v)           Neal Creek - north of a line beginning on the west shore at a point 35° 28.7797' N ‑ 76° 31.8657' W; running northeasterly to the east shore to a point 35° 28.8084' N ‑ 76° 31.7727' W;

(vi)          Wood Creek - north of a line beginning on the west shore at a point 35° 28.5788' N ‑ 76° 32.4163' W; running northeasterly to the east shore to a point 35° 28.6464' N ‑ 76° 32.3339' W;

(vii)         Spellman Creek - north of a line beginning on the east shore at a point 35° 28.2233' N ‑ 76° 32.6827' W; running southwesterly to the west shore to a point 35° 28.2567' N ‑ 76° 32.6533' W;

(viii)        Speer Creek - east of a line beginning on the north shore at a point 35° 27.9680' N ‑ 76° 32.3593' W; running southerly to the south shore to a point 35° 27.9216' N ‑ 76° 32.3862' W;

(ix)          Church Creek and Speer Gut - east of a line beginning on the north shore at a point 35° 27.5910' N ‑ 76° 32.7412' W; running southwesterly to the south shore to a point 35° 27.5282' N ‑ 76° 32.8227' W; and

(x)           Allison and Foreman Creek - south of a line beginning on Parmalee Point at a point 35° 27.2812' N ‑ 76° 33.0634' W; running southwesterly to the west shore to a point 35° 27.2418' N ‑ 76° 33.1451' W;

(c)           Flax Pond - west of a line beginning the north shore at a point 35° 32.0297' N ‑ 76° 33.0389' W; running southwesterly to the south shore to a point 35° 31.9212' N ‑ 76° 33.2061' W; and

(d)           Battalina and Tooleys creeks - northwest of a line beginning on the north shore at a point 35° 32.3914' N ‑ 76° 36.1548' W; running southwesterly to the south shore to a point 35° 32.0627' N ‑ 76° 36.3769' W;

(4)           In the Pamlico River Area:

(a)           North Creek:

(i)            North Creek - north of a line beginning on the west shore at a point 35° 25.6764' N ‑ 76° 39.9970' W; running northeasterly to the east shore to a point 35° 25.5870' N ‑ 76° 40.0806' W;

(ii)           East Fork:

(A)          Northeast of a line beginning on the west shore at a point 35° 25.8000' N ‑ 76° 39.2679' W; running southeasterly to the east shore to a point 35° 25.6914' N ‑ 76° 39.1374' W; and

(B)          Unnamed tributary of East Fork - northwest of a line beginning on the north shore at a point 35° 25.6950' N ‑ 76° 39.4337' W; running southwesterly to the south shore to a point 35° 25.6445' N ‑ 76° 39.4698' W;

(iii)          Frying Pan Creek - east of a line beginning on the north shore at a point 35° 24.9881' N ‑ 76° 39.5948' W; running southwesterly to Chambers Point to a point 35° 24.8508' N ‑ 76° 39.6811' W; and

(iv)          Little Ease Creek - west of a line beginning on the north shore at a point 35° 25.1463' N ‑ 76° 40.3490' W; running southwesterly to Cousin Point to a point 35° 25.0075' N ‑ 76° 40.4159' W;

(b)           Goose Creek:

(i)            Hatter Creek - west of a line beginning on the north shore at a point 35° 19.9593' N ‑ 76° 37.5992' W; running southerly to the south shore to a point 35° 19.9000' N ‑ 76° 37.5904' W;

(ii)           Upper Spring Creek:

(A)          Headwaters of Upper Spring Creek - east of a line beginning on the north shore at a point 35° 16.3636' N ‑ 76° 36.0568' W; running southeasterly to the south shore to a point 35° 16.1857' N ‑ 76° 36.0111' W; and

(B)          Unnamed tributary - north of a line beginning on the west shore at a point 35° 16.8386' N - 76° 36.4447' W; running easterly to the east shore to a point 35° 16.8222' N ‑ 76° 36.3811' W;

(iii)          Eastham Creek - east of a line beginning on the north shore at a point 35° 17.7423' N ‑ 76° 36.5164' W; running southeasterly to the south shore to a point 35° 17.5444' N ‑ 76° 36.3963' W;

(iv)          Mud Gut - northeast of a line beginning on the north shore at a point 35° 17.8754' N ‑ 76° 36.7704' W; running southeasterly to the south shore to a point 35°17.8166' N ‑ 76° 36.7468' W;

(v)           Wilkerson Creek - east of a line beginning on the north shore at a point 35° 18.4096' N ‑ 76° 36.7479' W; running southwesterly to the south shore to a point 35° 18.3542' N ‑ 76° 36.7741' W; and

(vi)          Dixon Creek - east of a line beginning on the north shore at a point 35° 18.8893' N ‑ 76° 36.5973' W; running southerly to the south shore to a point 35° 18.5887' N - 76° 36.7142' W; and

(c)           Oyster Creek - Middle Prong:

(i)            Oyster Creek:

(A)          West of a line, beginning on the north shore at a point 35° 19.4780' N ‑ 76° 34.0131' W; running southerly to the south shore to a point 35° 19.3796' N ‑ 76° 34.0021' W; and

(B)          Duck Creek - south of a line beginning on the west shore at a point 35° 19.0959' N ‑ 76° 33.2998' W; running northeasterly to the east shore to a point 35° 19.1553' N ‑ 76° 33.2027' W;

(ii)           James Creek - southwest of a line beginning on the north shore at a point 35° 18.6045' N - 76° 32.3233' W; running southeasterly to James Creek Point at a point 35° 18.4805' N ‑ 76° 32.0240' W;

(iii)          Middle Prong - south of a line beginning on the west shore at a point 35° 17.8888' N ‑ 76° 31.9379' W; running southerly to the east shore to a point 35° 17.7323' N - 76° 31.9052' W; and

(iv)          Clark Creek:

(A)          Headwaters of Clark Creek (including Mouse Harbor Ditch) - southeast of a line beginning on the west shore at a point 35° 18.1028' N ‑ 76° 31.1661' W; running northeasterly to the east shore to a point 35° 18.1907' N ‑ 76° 31.0610' W; and

(B)          Boat Creek - east of a line beginning on the north shore at a point 35° 18.5520' N ‑ 76° 31.2927' W; running southerly to the south shore to a point 35° 18.4189' N ‑ 76° 31.2660' W;

(5)           In the Western Pamlico Sound Area:

(a)           Mouse Harbor:

(i)            Long Creek - north of a line beginning on the west shore at a point 35° 18.4025' N ‑ 76° 29.8139' W; running northeasterly to the east shore to a point 35° 18.4907' N ‑ 76° 29.5652' W;

(ii)           Lighthouse Creek - north of a line beginning on the west shore at a point 35° 18.5166' N - 76° 29.2166' W; running southeasterly to the east shore to a point 35° 18.4666' N ‑ 76° 29.1666' W; and

(iii)          Cedar Creek and Island creeks - south of a line beginning on the west shore at a point 35° 16.9073' N ‑ 76° 29.8667' W; running southeasterly to the east shore to a point 35° 16.6800' N ‑ 76° 29.4500' W;

(b)           Porpoise Creek - west of a line beginning on the north shore at a point 35° 15.7263' N ‑ 76° 29.4897' W; running southeasterly to the south shore to a point 35° 15.6335' N ‑ 76° 29.3346' W;

(c)           Middle Bay:

(i)            Middle Bay - west of a line beginning on the north shore at a point 35° 14.6137' N ‑ 76° 30.8086' W; running southeasterly to the south shore to a point 35° 14.0631' N ‑ 76° 30.5176' W; and

(ii)           Little Oyster Creek - north of a line beginning on the west shore at a point 35° 14.4745' N ‑ 76° 30.2111' W; running northeasterly to the east shore to a point 35° 14.5825' N ‑ 76° 29.9144' W; and

(d)           Jones Bay, west of the IWW:

(i)            Little Drum Creek and Little Eve Creek - south of a line beginning on the west shore at a point 35° 12.4380' N ‑ 76° 31.7428' W; running southeasterly to the east shore to a point 35° 12.3499' N ‑ 76° 31.2554' W;

(ii)           Ditch Creek - south of a line beginning on the west shore at a point 35° 13.3609' N - 76° 33.6539' W; running southeasterly to the east shore to a point 35° 13.2646' N ‑ 76° 33.1996' W;

(iii)          Lambert Creek - west of a line beginning on the north shore at a point 35° 13.8980' N ‑ 76° 34.3078' W; running southeasterly to the south shore to a point 35° 13.8354' N ‑ 76° 34.2665' W;

(iv)          Headwaters of Jones Bay, (west of the IWW) - west of a line beginning on the north shore at a point 35° 14.4684' N - 76° 35.4307' W; running southerly to the south shore to a point 35° 14.3947' N ‑ 76° 35.4205' W;

(v)           Bills Creek - north of a line beginning on the west shore at a point 35° 14.4162' N ‑ 76° 34.8566' W; running northerly to the east shore to a point 35° 14.4391' N ‑ 76° 34.7248' W;

(vi)          Doll Creek - north of a line beginning on the west shore at a point 35° 14.3320' N ‑ 76° 34.2935' W; running southeasterly to the east shore to a point 35° 14.2710' N ‑ 76° 34.0406' W; and

(vii)         Drum Creek - north of a line beginning on the west shore at a point 35° 14.1764' N ‑ 76° 33.2632' W; running easterly to the east shore to a point 35° 14.1620' N ‑ 76° 33.0614' W;

(6)           In the Bay River Area:

(a)           Mason Creek - southeast of a line beginning on the north shore at a point 35° 08.2531' N ‑ 76° 41.4897' W; running southwesterly to the west shore to a point 35° 08.1720' N ‑ 76° 41.6340' W;

(b)           Moore Creek - southeast of a line beginning on the north shore at a point 35° 08.9671' N ‑ 76° 40.2017' W; running southeasterly to the south shore to a point 35° 08.8629' N ‑ 76° 40.1598' W;

(c)           Small tributaries from Bell Point to Ball Creek:

(i)            Tributary west of Bell Point - south of a line beginning on the west shore at a point 35° 09.9536' N ‑ 76° 39.3977' W; running northeasterly to the east shore to a point 35° 09.9970' N ‑ 76° 39.3420' W;

(ii)           Little Pasture Creek - south of a line beginning on the west shore at a point 35° 09.8944' N ‑ 76° 39.1483' W; running southeasterly to the east shore to a point 35° 09.8417' N ‑ 76° 39.1130' W; and

(iii)          Rice Creek - south of a line beginning on the west shore at a point 35° 09.7616' N ‑ 76° 38.9686' W; running southeasterly to the east shore to a point 35° 09.7378' N ‑ 76° 38.8833' W;

(d)           Ball and Cabin creeks - south of a line beginning on the west shore at a point 35° 09.6479' N ‑ 76° 37.9973' W; running southeasterly to the east shore to a point 35° 09.5589' N ‑ 76° 37.5879' W;

(e)           Bonner Bay:

(i)            Riggs Creek - west of a line beginning on the north shore at a point 35° 09.4050' N ‑ 76° 36.2205' W; running southeasterly to the south shore to a point 35° 09.2298' N ‑ 76° 36.0949' W;

(ii)           Spring Creek - west of a line beginning on the north shore at a point 35° 08.5149' N ‑ 76° 36.0799' W; running southerly to the south shore to a point 35° 08.3575' N ‑ 76° 36.0713' W;

(iii)          Bryan and Ives creeks - south of a line beginning on the west shore at a point 35° 08.3632' N ‑ 76° 35.8653' W; running northeasterly to the east shore to a point 35° 08.4109' N ‑ 76° 35.7075' W;

(iv)          Long Creek Gut - north of a line beginning on the west shore at a point 35º 09.1993' N - 76º 34.8517' W; running easterly to the east shore to a point 35º 09.1987' N - 76º 34.5373' W;

(v)           Dipping Vat Creek - east of a line beginning on the north shore at a point 35° 09.2734' N ‑ 76° 34.3363' W; running southerly to the south shore to a point 35° 09.1212' N ‑ 76° 34.3667' W;

(vi)          Long Creek - east of a line beginning on the west shore at a point 35° 08.1404' N ‑ 76° 34.5741' W; running northeasterly to the east shore to a point 35° 08.2078' N ‑ 76° 34.4819' W; and

(vii)         Cow Gallus Creek - west of a line beginning on the north shore at a point 35° 08.5125' N ‑ 76° 34.6417' W; running southerly to the south shore to a point 35° 08.4083' N ‑ 76° 34.6131' W;

(f)            Rock Hole Bay - northeast of a line beginning on the west shore at a point 35° 11.6478' N ‑ 76° 32.5840' W; running southeasterly to the east shore to a point 35° 11.2664' N ‑ 76° 32.2160' W;

(g)           Dump Creek - north of a line beginning on the west shore at a point 35° 11.7105' N ‑ 76° 33.4228' W; running easterly to the east shore to a point 35° 11.7174' N ‑ 76° 33.1807' W;

(h)           Tributaries east of IWW at Gales Creek:

(i)            Raccoon Creek - east of a line beginning on the north shore at a point 35° 12.9169' N ‑ 76° 35.4930' W; running southeasterly to the south shore to a point 35° 12.6515' N ‑ 76° 35.3368' W; and

(ii)           Ditch Creek - east of a line beginning on the north shore at a point 35° 12.4460' N ‑ 76° 35.0707' W; running southeasterly to the south shore to a point 35° 12.3495' N ‑ 76° 34.9917' W;

(i)            Tributaries west of IWW at Gales Creek:

(i)            Jumpover Creek - west of a line beginning on the north shore at a point 35° 13.2830' N ‑ 76° 35.5843' W; running southerly to the south shore to a point 35° 13.2035' N ‑ 76° 35.5844' W;

(ii)           Gales Creek - west of a line beginning on the north shore at a point 35° 12.9653' N ‑ 76° 35.6600' W; running southerly to the south shore to a point 35° 12.8032' N ‑ 76° 35.6366' W; and

(iii)          Whealton and Tar creeks - west of a line beginning on the north shore at a point 35° 12.7334' N ‑ 76° 35.5430' W; running southeasterly to the south shore to a point 35° 12.4413' N - 76° 35.3594' W;

(j)            Chadwick and No Jacket creeks - north of a line beginning on the west shore at a point 35° 11.9511' N ‑ 76° 35.8899' W; running northeasterly to the east shore to a point 35° 12.0599' N ‑ 76° 35.3973' W;

(k)           Bear Creek - west of a line beginning on the north shore at a point 35° 11.7526' N ‑ 76° 36.2721' W; running southwesterly to the south shore to a point 35° 11.5781' N ‑ 76° 36.3366' W;

(l)            Little Bear Creek - north of a line beginning on the west shore at a point 35° 11.1000' N ‑ 76° 36.3060' W; running northeasterly to the east shore to a point 35° 11.2742' N ‑ 76° 35.9822' W;

(m)          Tributaries to Bay River from Petty Point to Sanders Point:

(i)            Oyster Creek - north of a line beginning on the west shore at a point 35° 10.7971' N ‑ 76° 36.7399' W; running northeasterly to the east shore to a point 35° 10.9493' N ‑ 76° 36.4878' W;

(ii)           Potter Creek - north of a line beginning on the west shore at a point 35° 10.7259' N ‑ 76° 37.0764' W; running northeasterly to the east shore to a point 35° 10.7778' N ‑ 76° 36.7933' W;

(iii)          Barnes and Gascon creeks - north of a line beginning on the west shore at a point 35° 10.6396' N ‑ 76° 37.3137' W; running northeasterly to the east shore to a point 35° 10.6929' N - 76° 37.2087' W;

(iv)          Harris Creek - north of a line beginning on the west shore at a point 35° 10.5922' N ‑ 76° 37.5333' W; running northeasterly to the east shore to a point 35° 10.6007' N ‑ 76° 37.5103' W; and

(v)           Mesic Creek - north of a line beginning on the west shore at a point 35° 10.5087' N ‑ 76° 37.9520' W; running easterly to the east shore to a point 35° 10.4830' N ‑ 76° 37.8477' W;

(n)           In Vandemere Creek:

(i)            Cedar Creek - north of a line beginning on the west shore at a point 35° 11.2495' N ‑ 76° 39.5727' W; running northeasterly to the east shore to a point 35° 11.2657' N ‑ 76° 39.5238' W;

(ii)           Long Creek - east of a line beginning on the north shore at a point 35° 11.4779' N ‑ 76° 38.7790' W; running southerly to the south shore to a point 35° 11.4220' N ‑ 76° 38.7521' W; and

(iii)          Little Vandemere Creek - north of a line beginning on the west shore at a point 35° 12.1449' N ‑ 76° 39.2620' W; running southeasterly to the east shore to a point 35° 12.1182' N - 76° 39.1993' W;

(o)           Smith Creek - north of a line beginning on the west shore to a point 35° 10.4058' N ‑ 76° 40.2565' W; running northeasterly to the east shore to a point 35° 10.4703' N ‑ 76° 40.1593' W;

(p)           Harper Creek - west of a line beginning on the north shore at a point 35° 09.2767' N ‑ 76° 41.8489' W; running southwesterly to the south shore to a point 35° 09.1449' N - 76° 41.9137' W;

(q)           Chapel Creek - north of a line beginning on the west shore at a point 35° 08.9333' N ‑ 76° 42.8382' W; running northeasterly to the east shore to a point 35° 08.9934' N ‑ 76° 42.7694' W; and

(r)            Swindell Bay - south of a line beginning on the west shore at a point 35° 08.2580' N ‑ 76° 42.9380' W; running southeasterly to the east shore to a point 35° 08.2083' N ‑ 76° 42.8031' W;

(7)           In the Neuse River Area North Shore:

(a)           Swan Creek - west of a line beginning on the south shore at a point 35° 06.5470' N - 76° 33.8203' W; running northeasterly to a point 35° 06.4155' N - 76° 33.9479' W; running to the south shore of Swan Island to a point 35° 06.3168' N ‑ 76° 34.0263' W; running northeasterly to a point 35° 06.6705' N - 76° 33.7307' W, running northeasterly to the north shore to a point 35° 06.8183' N - 76° 33.5971' W;

(b)           Broad Creek:

(i)            Greens Creek - north of a line beginning on the west shore at a point 35° 06.0730' N ‑ 76° 35.5110' W; running southeasterly to the east shore to a point 35° 05.9774' N ‑ 76° 35.3704' W;

(ii)           Pittman Creek - north of a line beginning on the west shore at a point 35° 05.8143' N ‑ 76° 36.1475' W; running northeasterly to the east shore to a point 35° 05.8840' N ‑ 76° 36.0144' W;

(iii)          Burton Creek - west of a line beginning on the north shore at a point 35° 05.7174' N ‑ 76° 36.4797' W; running southwesterly to the south shore to a point 35° 05.6278' N ‑ 76° 36.5067' W;

(iv)          All tributaries on the north shore of Broad Creek - north of a line beginning on the west shore of the western most tributary at a point 35° 05.5350' N ‑ 76° 37.4058' W; running easterly to a point 35° 05.4752' N ‑ 76° 36.9672' W; running to a point 35° 05.4868' N - 76° 36.9163' W; north of a line beginning on the west shore of the eastern most tributary at 35° 05.4415' N - 76° 36.7869' W, running northeasterly to a point 35° 05.4664' N - 76° 36.7540' W;

(v)           Brown Creek - northwest of a line beginning on the west shore at a point 35° 05.5310' N ‑ 76° 37.8132' W; running northeasterly to the east shore to a point 35° 05.5737' N ‑ 76° 37.6908' W;

(vi)          Broad Creek including Gideon Creek - west of a line beginning on the north shore at a point 35° 05.5310' N ‑ 76° 37.8132' W; running southerly to the south shore to a point 35° 05.3212' N ‑ 76° 37.8398' W;

(vii)         Tar Creek - south of a line beginning on the west shore at a point 35° 05.2604' N ‑ 76° 37.5093' W; running easterly to the east shore to a point 35° 05.2728' N ‑ 76° 37.6251' W;

(viii)        Tributary east of Tar Creek - south of a line beginning on the west shore at a point 35° 05.3047' N ‑ 76° 37.0316' W; running easterly to the east shore to a point 35° 05.2674' N ‑ 76° 36.8086' W;

(ix)          Tributary east of Tar Creek - south of a line beginning on the west shore at a point 35° 05.2674' N ‑ 76° 36.8086' W; running easterly to the east shore to a point 35° 05.2445' N ‑ 76° 36.5416' W;

(x)           Parris Creek - south of a line beginning on the west shore at a point 35° 05.2445' N - 76° 36.5416' W; running southeasterly to the east shore to a point 35° 05.2031' N ‑ 76° 36.4573' W;

(xi)          Mill Creek - south of a line beginning on the west shore at a point 35° 05.4439' N ‑ 76° 36.0260' W; running northeasterly to the east shore to a point 35° 05.4721' N ‑ 76° 35.8835' W; and

(xii)         Cedar Creek - south of a line beginning on the west shore at a point 35° 05.3711' N - 76° 35.6556' W; running southeasterly to the east shore to a point 35° 05.2867' N - 76° 35.5348' W;

(c)           Orchard and Old House creeks - north of a line beginning on the west shore at a point 35° 03.3302' N ‑ 76° 38.4478' W; running northeasterly to the east shore to a point 35° 03.6712' N ‑ 76° 37.9040' W;

(d)           Pierce Creek - north of a line beginning on the west shore at a point 35° 02.5030' N ‑ 76° 40.0536' W; running northeasterly to the east shore to a point 35° 02.5264' N - 76° 39.9901' W;

(e)           Whittaker Creek - north of a line beginning on the west shore at a point 35° 01.7186' N ‑ 76° 41.1309' W; running easterly to the east shore to a point 35° 01.6702' N ‑ 76° 40.9036' W;

(f)            Oriental:

(i)            Smith and Morris creeks - north of a line beginning on the west shore at a point 35° 02.1553' N ‑ 76° 42.2931' W; running southeasterly to the east shore to a point 35° 02.1097' N ‑ 76° 42.1806' W;

(ii)           Unnamed tributary west of Dewey Point - north of a line beginning on the west shore at a point 35° 01.3704' N ‑ 76° 42.4906' W; running northeasterly to the east shore to a point 35° 01.3530' N ‑ 76° 42.4323' W;

(iii)          Unnamed tributary on the south shore of Greens Creek - south of a line beginning on the west shore at a point 35° 01.4340' N ‑ 76° 42.7920' W; running southeasterly to the east shore to a point 35° 01.4040' N ‑ 76° 42.7320' W;

(iv)          Unnamed tributary on the south shore of Greens Creek - south of a line beginning on the west shore at a point 35° 01.3680' N ‑ 76° 42.4920' W; running southeasterly to the east shore to a point 35° 01.3560' N ‑ 76° 42.4320' W;

(v)           Greens Creek - west of a line beginning on the north shore at a point 35° 01.5985' N ‑ 76° 42.9959' W; running southeasterly to the south shore to a point 35° 01.4759' N ‑ 76° 42.9570' W;

(vi)          Kershaw Creek - north of a line beginning on the west shore at a point 35° 01.5985' N ‑ 76° 42.9959' W; running easterly to the east shore to a point 35° 01.6077' N ‑ 76° 42.8459' W; and

(vii)         Shop Gut Creek - west of a line beginning on the north shore at a point 35° 01.2720' N - 76° 42.1500' W; running southerly to the south shore to a point 35° 01.1700' N - 76° 42.1380' W;

(g)           Dawson Creek:

(i)            Unnamed eastern tributary of Dawson Creek - east of a line beginning on the north shore at a point 35° 00.2064' N - 76° 45.2652' W; running southeasterly to the south shore to a point 35° 00.1790' N ‑ 76° 45.2289' W; and

(ii)           Unnamed tributary of Dawson Creek (at mouth) - east of a line beginning on the north shore at a point 34° 59.6620' N - 76° 45.1156' W; running southerly to the south shore to a point 34° 59.6326' N - 76° 45.1177' W; and

(h)           Beard Creek tributary - southeast of a line beginning on the north shore at a point 35° 00.3176' N ‑ 76° 51.9098' W; running southwesterly to the southwest shore to a point 35° 00.1884' N ‑ 76° 51.9850' W;

(8)           In the Neuse River Area South Shore:

(a)           Clubfoot Creek - south of a line beginning on the west shore at a point 34° 52.4621' N ‑ 76° 45.9256' W; running easterly to the east shore to a point 34° 52.4661' N ‑ 76° 45.7567' W:

(i)            Mitchell Creek - west of a line beginning on the north shore at a point 34° 54.4176' N ‑ 76° 45.7680' W; running southerly to the south shore to a point 34° 54.2610' N ‑ 76° 45.8277' W; and

(ii)           Gulden Creek - east of a line beginning on the north shore at a point 34° 54.1760' N ‑ 76° 45.4438' W; running southerly to the south shore to a point 34° 54.0719' N ‑ 76° 45.4888' W;

(b)           Adams Creek:

(i)            Godfrey Creek - south of a line beginning on the west shore at a point 34° 57.3104' N ‑ 76° 41.1292' W; running easterly to the east shore to a point 34° 57.2655' N ‑ 76° 41.1187' W;

(ii)           Delamar Creek - south of a line beginning on the west shore at a point 34° 57.0475' N ‑ 76° 40.7230' W; running southeasterly to the east shore to a point 34° 57.0313' N ‑ 76° 40.7015' W;

(iii)          Kellum Creek - west of a line beginning on the north shore at a point 34° 55.5240' N ‑ 76° 39.8072' W; running southeasterly to the south shore to a point 34° 55.4356' N ‑ 76° 39.8201' W;

(iv)          Kearney Creek and unnamed tributary - west of a line beginning on the north shore of the north creek at a point 34° 55.1847' N ‑ 76° 39.9686' W; running southerly to the south shore to a point 34° 54.9661' N ‑ 76° 40.0091' W;

(v)           Isaac Creek - south of a line beginning on the west shore at a point 34° 54.2457' N ‑ 76° 40.1010' W; running easterly to the east shore to a point 34° 54.2630' N ‑ 76° 40.0088' W;

(vi)          Back Creek - southeast of a line beginning on the northeast shore at a point 34° 54.6598' N ‑ 76° 39.5257' W; running southwesterly to the southwest shore to a point 34° 54.5366' N ‑ 76° 39.7075' W;

(vii)         Cedar Creek - southeast of a line beginning on the west shore at a point 34° 55.7759' N ‑ 76° 38.6070' W; running easterly to the east shore to a point 34° 55.7751' N ‑ 76° 38.4965' W;

(viii)        Jonaquin Creek - northeast of a line beginning on the west shore at a point 34° 56.1192' N ‑ 76° 38.4997' W; running easterly to the east shore to a point 34° 56.1172' N ‑ 76° 38.4584' W;

(ix)          Dumpling Creek - east of a line beginning on the northwest shore at a point 34° 56.9187' N ‑ 76° 39.5559' W; running southeasterly to the southeast shore to a point 34° 56.8421' N ‑ 76° 39.5155' W; and

(x)           Sandy Huss Creek - northeast of a line beginning on the west shore at a point 34° 57.2348' N ‑ 76° 39.8457' W; running southeasterly to the east shore to a point 34° 57.1638' N ‑ 76° 39.7169' W;

(c)           Garbacon Creek - south of a line beginning on the west shore at a point 34° 59.0044' N ‑ 76° 38.5758' W; running easterly to the east shore to a point 34° 59.0006' N ‑ 76° 38.4845' W;

(d)           South River:

(i)            Big Creek - southwest of a line beginning on the northwest shore at a point 34° 56.9502' N ‑ 76° 35.3498' W; running southeasterly to the southeast shore to a point 34° 56.8346' N ‑ 76° 35.2091' W; and

(ii)           Horton Bay - north of a line beginning on the west shore at a point 34° 59.1936' N ‑ 76° 34.7657' W; running easterly to the east shore to a point 34° 59.2023' N ‑ 76° 34.4586' W;

(e)           Brown Creek - south of a line beginning on the west shore at a point 34° 59.8887' N ‑ 76° 33.5707' W; running easterly to the east shore to a point 34° 59.9440' N ‑ 76° 33.4180' W; and

(f)            Turnagain Bay:

(i)            Abraham Bay - west of a line beginning on the north shore at a point 35° 00.1780' N ‑ 76° 30.7564' W; running southerly to the south shore to a point 34° 59.8338' N ‑ 76° 30.7128' W;

(ii)           Broad Creek and Persons Creek - southwest of a line beginning at a point on the north shore 34° 59.1974' N ‑ 76° 30.4118' W; running southeasterly to the south shore to a point 34° 58.9738' N ‑ 76° 30.1168' W;

(iii)          Mulberry Point Creek - east of a line beginning on the north shore at a point 35° 00.4736' N ‑ 76° 29.7538' W; running southerly to the south shore to a point 35° 00.3942' N ‑ 76° 29.7082' W;

(iv)          Tump Creek - east of a line beginning on the north shore at a point 35° 00.2035' N - 76° 29.5947' W; running southerly to the south shore to a point 35° 00.0500' N - 76° 29.4897' W;

(v)           Tributary south of Tump Creek - east of a line beginning on the north shore at a point 34° 59.7784' N - 76° 29.3548' W; running southerly to the south shore to a point 34° 59.6830' N - 76° 29.3303' W;

(vi)          Deep Gut - northeast of a line beginning on the north shore at a point 34° 59.6134' N ‑ 76° 29.0376' W; running southeasterly to the south shore to a point 34° 59.4799' N ‑ 76° 28.9362' W; and

(vii)         Big Gut - east of a line beginning on the north shore at a point 34° 59.0816' N ‑ 76° 28.7076' W; running southerly to the south shore to a point 34° 58.9300' N ‑ 76° 28.7383' W;

(9)           West Bay - Long Bay Area:

(a)           Fur Creek and Henrys Creek - southwest of a line beginning on the northwest shore at a point 34° 56.5580' N ‑ 76° 27.7065' W; running southeasterly to the southeast shore to a point 34° 56.3830' N ‑ 76° 27.4563' W; and

(b)           Cadduggen Creek - south of a line beginning on the west shore at a point 34° 56.5767' N ‑ 76° 23.8711' W; running easterly to the east shore to a point 34° 56.2890' N ‑ 76° 23.6626' W;

(10)         Core Sound Area:

(a)           Cedar Island Bay - northwest of a line beginning on the northeast shore at a point 34° 59.7770' N ‑ 76° 17.3837' W; running southwesterly to the southwest shore to a point 34° 59.0100' N ‑ 76° 17.9339' W;

(b)           Lewis Creek - north of a line beginning on the west shore at a point 34° 56.8736' N ‑ 76° 16.8740' W; running easterly to the east shore to a point 34° 56.9455' N ‑ 76° 16.8234' W;

(c)           Thorofare Bay:

(i)            Merkle Hammock Creek - southwest of a line beginning on the northwest shore at a point 34° 55.4796' N ‑ 76° 21.4463' W; running southeasterly to the southeast shore to a point 34° 55.3915' N ‑ 76° 21.1682' W; and

(ii)           Barry Bay - west of a line beginning on the north shore at a point 34° 54.6450' N ‑ 76° 20.6127' W; running southerly to the south shore to a point 34° 54.4386' N ‑ 76° 20.4912' W;

(d)           Nelson Bay:

(i)            Willis Creek and Fulchers Creek - west of a line beginning on the north shore of Willis Creek at a point 34° 51.1006' N ‑ 76° 24.5996' W; running southerly to the south shore of Fulchers Creek to a point 34° 50.2861' N ‑ 76° 24.8708' W; and

(ii)           Lewis Creek - west of a line beginning on the north shore at a point 34° 51.9362' N ‑ 76° 24.6322' W; running southerly to the south shore to a point 34° 51.7323' N ‑ 76° 24.6487' W;

(e)           Cedar Creek between Sea Level and Atlantic - west of a line beginning on the north shore at a point 34° 52.0126' N ‑ 76° 22.7046' W; running southerly to the south shore to a point 34° 51.9902' N ‑ 76° 22.7190' W;

(f)            Oyster Creek, northwest of the Highway 70 Bridge; and

(g)           Jarretts Bay Area:

(i)            Smyrna Creek - northwest of the Highway 70 Bridge;

(ii)           Ditch Cove and adjacent tributary - east of a line beginning on the north shore at a point 34° 48.0167' N ‑ 76° 28.4674' W; running southerly to the south shore to a point 34° 47.6143' N ‑ 76° 28.6473' W;

(iii)          Broad Creek - northwest of a line beginning on the west shore at a point 34° 47.7820' N ‑ 76° 29.2724' W; running northeasterly to the east shore to a point 34° 47.9766' N - 76° 28.9729' W;

(iv)          Howland Creek - northwest of a line beginning on the northeast shore at a point 34° 47.5129' N ‑ 76° 29.6217' W; running southwesterly to the southwest shore to a point 34° 47.3372' N ‑ 76° 29.8607' W;

(v)           Great Creek - southeast of a line beginning on the northeast shore at a point 34° 47.4279' N ‑ 76° 28.9565' W; running southwesterly to the southwest shore to a point 34° 47.1515' N ‑ 76° 29.2077' W;

(vi)          Williston Creek - northwest of the Highway 70 Bridge;

(vii)         Wade Creek - west of a line beginning on the north shore at a point 34° 46.3125' N - 76° 30.2676' W; running southerly to the south shore to a point 34° 46.1915' N - 76° 30.3593' W;

(viii)        Jump Run - north of a line beginning on the west shore at a point 34° 45.5385' N ‑ 76° 30.3974' W; running easterly to the east shore to a point 34° 45.5468' N ‑ 76° 30.3485' W;

(ix)          Middens Creek - west of a line beginning on the north shore at a point 34° 45.5046' N ‑ 76° 30.9710' W; running southerly to the south shore to a point 34° 45.4093' N ‑ 76° 30.9584' W;

(x)           Tusk Creek - northwest of a line beginning on the northwest shore at a point 34° 44.8049' N ‑ 76° 30.6248' W; running southerly to the south shore to a point 34° 44.6074' N ‑ 76° 30.7553' W; and

(xi)          Creek west of Bells Island - west of a line beginning on the north shore at a point 34° 43.9531' N ‑ 76° 30.4144' W; running southerly to the south shore to a point 34° 43.7825' N ‑ 76° 30.3543' W;

(11)         Straits, North River, Newport River Area:

(a)           Straits:

(i)            Sleepy Creek - north of a line beginning on the west shore at a point 34° 43.3925' N ‑ 76° 31.4912' W; running easterly to the east shore to a point 34° 43.3651' N ‑ 76° 31.3250' W;

(ii)           Dicks Creek - north of a line beginning on the west shore at a point 34° 43.3858' N - 76° 32.9125' W; running southeasterly to the east shore to a point 34° 43.3912' N - 76° 32.8605' W; and

(iii)          Whitehurst Creek - north of a line beginning on the west shore at a point 34° 43.5118' N ‑ 76° 33.3392' W; running northeasterly to the east shore to a point 34° 43.5561' N ‑ 76° 33.1869' W;

(b)           North River, north of Highway 70 Bridge:

(i)            Ward Creek - north of Highway 70 Bridge:

(A)          North Leopard Creek - southeast of a line beginning on the southwest shore at a point 34° 45.9573' N ‑ 76° 34.4208' W; running northeasterly to the northeast shore to a point 34° 46.0511' N ‑ 76° 34.3170' W; and

(B)          South Leopard Creek - southeast of a line beginning on the southwest shore at a point 34° 45.4930' N ‑ 76° 34.7622' W; running northeasterly to the northeast shore to a point 34° 45.5720' N ‑ 76° 34.6236' W; and

(ii)           Turner Creek (Gibbs Creek) - west of a line beginning on the north shore at a point 34° 43.4693' N ‑ 76° 37.6372' W; running southerly to the south shore to a point 34° 43.4054' N ‑ 76° 37.6585' W; and

(c)           Newport River - west of a line beginning on the north shore at a point 34° 46.5635' N ‑ 76° 44.3998' W; running southerly to Lawton Point to a point 34° 45.6840' N ‑ 76° 44.0895' W;

(i)            Russel Creek - northeast of a line beginning on the north shore at a point 34° 45.5840' N ‑ 76° 39.8020' W; running southeasterly to the south shore to a point 34° 45.5819' N ‑ 76° 39.7895' W;

(ii)           Ware Creek - northeast of a line beginning on the north shore at a point 34° 46.4576' N ‑ 76° 40.5020' W; running southeasterly to the south shore to a point 34° 46.4125' N ‑ 76° 40.4460' W;

(iii)          Bell Creek - east of a line beginning on the north shore at a point 34° 47.2805' N ‑ 76° 40.9082' W; running southerly to the south shore to a point 34° 47.0581' N ‑ 76° 40.8854' W;

(iv)          Eastman Creek - east of a line beginning on the north shore at a point 34° 47.8640' N ‑ 76° 41.0671' W; running southerly to the south shore to a point 34° 47.8027' N ‑ 76° 41.0605' W;

(v)           Oyster Creek - north of a line beginning on the west shore at a point 34° 46.6610' N ‑ 76° 42.5011' W; running easterly to the east shore to a point 34° 46.7161' N ‑ 76° 42.3481' W;

(vi)          Harlow Creek - north of a line beginning on the west shore at a point 34° 46.7138' N ‑ 76° 43.4838' W; running northeasterly to the east shore to a point 34° 46.8490' N ‑ 76° 43.3296' W;

(vii)         Calico Creek - west of a line beginning on the north shore at a point 34° 43.7318' N ‑ 76° 43.1268' W; running southerly to the south shore to a point 34° 43.6066' N ‑ 76° 43.2040' W; and

(viii)        Crab Point Bay - northwest of a line beginning on the northeast shore at a point 34° 44.0615' N ‑ 76° 42.9393' W; running southwesterly to the southwest shore to a point 34° 43.9328' N ‑ 76° 43.0721' W;

(12)         Bogue Sound - Bogue Inlet Area:

(a)           Gales Creek - north of the Highway 24 Bridge;

(b)           Broad Creek - north of the Highway 24 Bridge;

(c)           Sanders Creek - north of a line beginning at a point 34° 42.4694' N - 76° 58.3754' W on the west shore; running easterly to a point 34° 42.4903' N - 76° 58.1434' W on the east shore;

(d)           Goose Creek - north of a line beginning on the west shore at a point 34° 41.8183' N ‑ 77° 00.7208' W; running easterly to the east shore to a point 34° 41.8600' N ‑ 77° 00.5108' W;

(e)           Archer Creek - west of a line beginning on the north shore at a point 34° 40.4721' N ‑ 77° 00.7577' W; running southerly to the south shore to a point 34° 40.3521' N ‑ 77° 00.8008' W;

(f)            White Oak River - northwest of a line beginning on the northeast shore at a point 34° 45.6730' N ‑ 77° 07.5960' W; running southwesterly to the southwest shore to a point 34° 45.2890' N ‑ 77° 07.7500' W;

(i)            Pettiford Creek - east of a line beginning on the north shore at a point 34° 42.8670' N ‑ 77° 05.3990' W; running southerly to the south shore to a point 34° 42.6310' N ‑ 77° 05.3180' W; and

(ii)           Holland Mill Creek - west of a line beginning on the north shore at a point 34° 43.8390' N ‑ 77° 08.0090' W; running southeasterly to the south shore to a point 34° 43.4800' N ‑ 77° 07.7650' W;

(g)           Hawkins Creek - west of a line beginning on the north shore at a point 34° 41.1210' N ‑ 77° 07.5720' W; running southerly to the south shore to a point 34° 41.0460' N ‑ 77° 07.5930' W;

(h)           Queen's Creek - north of state road number 1509 bridge:

(i)            Dick's Creek - west of a line beginning on the north shore at a point 34° 39.9790' N ‑ 77° 09.3470' W; running southeasterly to the south shore to a point 34° 39.9350' N ‑ 77° 09.3280' W;

(ii)           Parrot Swamp - west of a line beginning on the north shore at a point 34° 40.6170' N ‑ 77° 09.7820' W; running southeasterly to the south shore to a point 34° 40.3660' N ‑ 77° 09.5980' W; and

(iii)          Hall's Creek - east of a line beginning on the north shore at a point 34° 41.0740' N ‑ 77° 09.8640' W; running easterly to the south shore to a point 34° 41.0300' N ‑ 77° 09.6740' W; and

(i)            Bear Creek - west of a line beginning at Willis Landing at a point 34° 38.7090' N - 77° 12.6860' W; running southeasterly to the south shore to a point 34° 38.4740' N - 77° 12.3810' W;

(13)         New River Area:

(a)           Salliers Bay area - all waters north and northwest of the IWW beginning at a point on the shoreline 34° 37.0788' N - 77° 12.5350' W; running easterly to a point near Beacon "58" at a point 34° 37.9670' N ‑ 77° 12.3060' W; running along the IWW near Cedar Point to a point 34° 33.1860' N ‑ 77° 20.4370' W; running northerly to a point on the shoreline 34° 33.1063' N - 77° 20.4679' W; following the shoreline to the point of origin; including Howard Bay, Mile Hammock Bay, Salliers Bay, and Freeman Creek;

(b)           New River Inlet area (including Hellgate Creek and Ward's Channel) - all waters south of the IWW from a point on the shoreline 34° 33.0486' N - 77° 18.6295' W; running northwesterly to a point near Beacon "65" 34° 33.0550' N ‑ 77° 18.6380' W; running along the IWW to a point near Beacon "15" 34° 31.0630' N ‑ 77° 22.2630' W; running southerly to a point on the shoreline 34° 30.9212' N - 77° 22.2257' W; following the shoreline across New River Inlet at the COLREGS demarcation line back to the point of origin excluding the marked New River Inlet Channel;

(c)           New River:

(i)            Trap's Bay - northeast of a line beginning on the west shore at a point 34° 34.0910' N ‑ 77° 21.0010' W; running southeasterly to the east shore to a point 34° 33.8260' N ‑ 77° 20.4060' W;

(ii)           Courthouse Bay:

(A)          Tributary of Courthouse Bay - southeast of a line beginning on Harvey's Point at a point 34° 35.0050' N ‑ 77° 22.3910' W; running northeasterly to the east shore to a point 34° 35.0830' N ‑ 77° 22.1890' W;

(B)          Tributary of Courthouse Bay - northwest of a line beginning on the west shore at a point 34° 35.0970' N ‑ 77° 22.6010' W; running northeasterly to the east shore to a point 34° 35.1630' N ‑ 77° 22.5030' W; and

(C)          Rufus Creek - east of a line beginning at a point on the north shore 34° 34.4630' N ‑ 77° 21.6410' W; running southerly to a point near Wilken's Bluff 34° 34.3140' N ‑ 77° 21.6620' W;

(iii)          Wheeler Creek - south of a line beginning on the west shore at a point 34° 34.0570' N ‑ 77° 23.3640' W; running easterly to a point near Poverty Point 34° 34.1060' N ‑ 77° 23.2440' W;

(iv)          Fannie Creek - south of a line beginning on the west shore at a point 34° 34.1470' N ‑ 77° 23.6390' W; running easterly to the east shore to a point 34° 34.1300' N ‑ 77° 23.5600' W;

(v)           Snead's Creek - northwest of a line beginning on the west shore at a point 34° 35.2850' N ‑ 77° 23.5500' W; running northerly to the east shore to a point 34° 35.3440' N ‑ 77° 23.4860' W;

(vi)          Everette Creek - south of a line beginning on the west shore at a point 34° 34.2570' N ‑ 77° 24.8480' W; running easterly to the east shore to a point 34° 34.2380' N ‑ 77° 24.6970' W;

(vii)         Stone's Creek - southwest of a line beginning on the northwest shore at a point 34° 36.6170' N ‑ 77° 26.8670' W; running southeasterly to the southeast shore to a point 34° 36.5670' N ‑ 77° 26.8500' W;

(viii)        Muddy Creek - north of a line beginning on the west shore 34° 36.8670' N ‑ 77° 26.6340' W; running easterly to the east shore to a point 34° 36.8670' N ‑ 77° 26.6170' W;

(ix)          Mill Creek - north of a line beginning on the west shore at a point 34° 37.2350' N ‑ 77° 25.7000' W; running easterly to the east shore to a point 34° 37.2360' N ‑ 77° 25.6890' W;

(x)           Whitehurst Creek - west of a line beginning on the north shore at a point 34° 38.0780' N ‑ 77° 22.6110' W; running easterly to the south shore to a point 34° 38.0720' N ‑ 77° 22.6000' W;

(xi)          Town Creek - west of a line beginning on the north shore at a point 34° 39.6060' N ‑ 77° 23.0690' W; running southerly to the south shore to a point 34° 39.5950' N ‑ 77° 23.0830' W;

(xii)         Lewis Creek - southwest of a line beginning on the northwest shore at a point 34° 40.9330' N ‑ 77° 24.5290' W; running southeasterly to the southeast shore to a point 34° 40.9190' N ‑ 77° 24.5040' W;

(xiii)        Northeast Creek - east of a line beginning at the mouth of Scale's Creek at a point 34° 43.7350' N ‑ 77° 24.1190' W; running southeasterly to the south shore to a point 34° 43.3950' N ‑ 77° 23.5450' W;

(xiv)        Southwest Creek - southwest of a line beginning on the north shore at a point 34° 41.8500' N ‑ 77° 25.6460' W; running southeasterly to the south shore to a point 34° 41.5540' N ‑ 77° 25.2250' W; and

(xv)         Upper New River - north of a line beginning on the west shore at a point 34° 42.9770' N ‑ 77° 25.9070' W; running easterly through a point near Beacon "53" to a point 34° 43.2600' N ‑ 77° 25.3800' W; to the east shore to a point 34° 43.4260' N - 77° 25.0700' W; and

(d)           Chadwick Bay - all waters bounded by a line beginning on Roses Point at a point 34° 32.2240' N ‑ 77° 22.2880' W; running easterly to a point near Marker "6" at 34° 32.4180' N - 77° 21.6080' W; then following the IWW to a point near Marker "14" at 34° 31.3220' N - 77° 22.1520' W; following the shoreline of Chadwick Bay back to the point of origin;

(i)            Fullard Creek (including Charles Creek) - northwest of a line beginning on the north shore at a point 34° 32.2210' N ‑ 77° 22.8080' W; running southeasterly to the south shore to a point 34° 32.0340' N ‑ 77° 22.7160' W; and

(ii)           Bump's Creek - north of a line beginning on the west shore at a point 34° 32.3430' N ‑ 77° 22.4570' W; running northeasterly to the east shore to a point 34° 32.4400' N ‑ 77° 22.3830' W;

(14)         Stump Sound Area - Stump Sound - all waters north of the IWW from a point on the shoreline 34° 31.1228' N - 77° 22.3181' W; running southerly to a point across the IWW from Beacon"15" 34° 31.1040' N - 77° 22.2960' W; running along the IWW to a point near Marker "78" 34° 25.4050' N ‑ 77° 34.2120' W; running northerly to a point on the shoreline 34° 24.5183' N - 77° 34.9833' W; running along the shoreline to the point of origin; except 100 feet north of the IWW from a point across from Beacon "49" 34° 28.1330' N - 77° 30.5170' W to a point near Marker "78" 34° 25.4050' N - 77° 34.2120' W. All waters south of IWW from a point on the shoreline 34° 31.0550' N - 77° 22.2574' W; running northerly to a point near Beacon "15" at 34° 31.0630' N ‑ 77° 22.2630' W; running along the IWW to a point across the IWW from Marker "78" 34° 25.3110' N ‑ 77° 34.1710' W; running southeasterly to a point on the shoreline 34° 23.9817' N - 77° 35.0367' W; running along the shoreline to the point of origin; except 100 feet on the south side of the IWW from a point near Beacon "49" 34° 28.0820' N - 77° 30.4600' W at Morris Landing to a point across the IWW from Marker "78" 34° 25.3110' N - 77° 34.1710' W and except the dredged canals at Old Settler's Beach and the dredged channel from the IWW north of Marker "57" to the Old Settler's Beach Canals;

(15)         Topsail Sound Area:

(a)           Virginia Creek - all waters northwest of a line beginning on the southwest shore near the mouth at a point 34° 24.8030' N ‑ 77° 35.5960' W; running northeasterly to a point 34° 25.0333' N ‑ 77° 35.3167' W; running easterly to intersect the nursery area line near Becky's Creek at a point 34° 25.4050' N ‑ 77° 34.2120' W, with the exception of the natural channel as marked by the North Carolina Division of Marine Fisheries;

(b)           Old Topsail Creek - all waters northwest of a line beginning on the northeast shore at a point 34° 21.7740' N ‑ 77° 40.3870' W; running southwesterly to the southwest shore to a point 34° 21.4930' N ‑ 77° 40.6900' W, with the exception of the dredged channel as marked by the North Carolina Division of Marine Fisheries;

(c)           Topsail Sound - all waters enclosed within a line starting near Beacon "BC" at a point 34° 24.6110' N ‑ 77° 35.7050' W; then bounded on the northeast and southeast by Bank's Channel, on the southwest by Marker "98" channel and on the northeast by the IWW; then back to the point of origin; and

(d)           Mallard Bay Area - all waters northwest of the IWW beginning at a point on the shoreline 34° 24.0278' N - 77° 36.8498' W; running southerly to a point 34° 24.0167' N - 77° 36.7333' W near Beacon "93"; running southwesterly to a point 34° 23.8167' N - 77° 36.9667' W; running southwesterly along the marsh line to a point on the shoreline 34° 22.6168' N - 77° 38.8580' W near Beacon "96"; running along the shoreline to the point of origin;

(16)         Middle Sound Area:

(a)           Howard Channel and Long Point Channel area - all waters southeast of the IWW beginning at a point on the shoreline 34° 20.4514' N - 77° 40.0183' W; running along the shorelines of Topsail Inlet Channel and Marker # 98 Channel to a point near Beacon "98" 34° 21.5670' N ‑ 77° 40.4580' W; running along the IWW to a point on the north side of the Figure 8 Island Marina Channel to a point 34° 16.5120' N ‑ 77° 45.4870' W; following the shoreline of Figure 8 Island Marina Channel to a point 34° 16.2628' N - 77° 44.7855' W; following the shoreline across Rich Inlet at the COLREGS demarcation line to the point of origin. [with the exception of Howard Channel from the IWW to New Topsail Inlet, Green Channel from Marker "105" to Rich's Inlet, Butler's Creek (Utley's Channel) from the IWW to Nixon's Channel, and Nixon's Channel from IWW to Rich's Inlet;]

(b)           Futch Creek - northwest of a line beginning on the north shore at Baldeagle Point at a point 34° 17.9900' N ‑ 77° 44.4930' W; running southerly to Porter's Neck to a point 34° 18.1170' N ‑ 77° 44.3760' W;

(c)           Page's Creek - northwest of a line beginning on the north shore at a point 34° 16.7420' N ‑ 77° 46.6940' W; running southwesterly to the south shore to a point 34° 16.6910' N ‑ 77° 46.8510' W; and

(d)           All waters bounded on the north by the Figure Eight Island Causeway, on the east by Mason's Channel, on the south by Mason's Inlet Channel and on the west by the Intracoastal Waterway, with the exception of Mason's Channel;

(17)         Greenville Sound Area:

(a)           Shell Island area - all waters bounded on the north by Mason's Inlet Channel, on the west by the IWW, on the south by Old Moores Inlet Channel and on the east by Wrightsville Beach;

(b)           Howe Creek (Moore's Creek) - northwest of a line beginning on the north shore at a point 34° 14.9060' N ‑ 77° 47.2180' W; running southwesterly to the south shore to a point 34° 14.8470' N ‑ 77° 47.3810' W;

(c)           Bradley Creek - all waters west of a line beginning on the north side of the Highway 17, 74 and 76 Bridge at a point 34° 12.9700' N - 77° 50.0260' W; running southerly to the south side of the bridge at a point 34° 12.8620' N - 77° 50.0550' W; and

(d)           Wrightsville Beach area - all waters in an area enclosed by a line beginning across the IWW from the mouth of Bradley Creek at a point 34° 12.3530' N ‑ 77° 49.1250' W; running easterly to a point (near the Borrow Pit) 34° 12.3820' N ‑ 77° 48.6610' W; then bounded by Bank's Channel on the east, Shinn Creek on the south and the IWW on the west, back to point of origin;

(18)         Masonboro Sound Area:

(a)           Masonboro ‑ Myrtle Grove Sound area (west side) ‑ all waters west and northwest of the IWW beginning at a point on the shoreline 34° 12.7423' N - 77° 49.8391' W; running southeasterly to a point at the mouth of Bradley Creek at a point 34° 12.4130' N ‑ 77° 49.2110' W; running along the west side of the IWW to a point opposite Beacon "161" at 34° 03.5590' N ‑ 77° 53.4550' W; running westerly to a point on the shoreline 34° 03.5715' N - 77° 53.4979' W; running along the shoreline back to the point of origin; and

(b)           Masonboro ‑ Myrtle Grove Sound area (east side) ‑ all waters south and southeast of a line beginning on the north end of Masonboro Island at a point 34° 10.9130' N ‑ 77° 48.9550' W; running northwesterly to a point near the intersection of Shinn Creek and the IWW 34° 11.3840' N ‑ 77° 49.5240' W; running along the east side of the IWW to a point near Marker "161" 34° 03.5270' N ‑ 77° 53.3550' W; running southerly to a point on the shoreline 34° 03.3917' N - 77° 53.0423' W; running along the shoreline across Carolina Beach Inlet at the COLREGS demarcation line back to the point of origin (with the exception of Old Masonboro Channel and Carolina Beach Inlet Channel);

(19)         Cape Fear River Area:

(a)           Cape Fear River - all waters north of a line beginning on the west shore at a point 34° 10.4410' N ‑ 77° 57.7400' W; running easterly through Beacon "59" to the east shore to a point 34° 10.4050' N ‑ 77° 57.1310' W; with the exception of the maintained channel, and all waters north of a line beginning on the west shore at a point 34° 04.6040' N ‑ 77° 56.4780' W; running easterly through Beacon "41" to the east shore to a point 34° 04.7920' N ‑ 77° 55.4740' W; with the exception of 300 yards east and west of the main shipping channel up to Beacon "59" (mouth of Brunswick River);

(b)           The Basin (Ft. Fisher area) - east of a line beginning on the north shore at a point 33° 57.2950' N ‑ 77° 56.1450' W; running southeasterly to the south shore to a point 33° 57.1120' N ‑ 77° 56.2060' W;

(c)           Walden Creek - all waters northwest of a line beginning on the north side of county road No. 1528 bridge at a point 33° 58.2950' N - 77° 59.0280' W; running southerly to the south side of the bridge at a point 33° 58.2250' N - 77° 59.0440' W;

(d)           Baldhead Island Creeks:

(i)            Baldhead Creek - southeast of a line beginning on the north shore at a point 33° 51.7680' N ‑ 77° 59.1700' W; running westerly to the south shore to a point 33° 51.7590' N ‑ 77° 59.1850' W;

(ii)           Cape Creek - southeast of a line beginning on the north shore at a point 33° 51.9740' N ‑ 77° 58.3090' W; running southwesterly to the south shore to a point 33° 51.9480' N ‑ 77° 58.3480' W;

(iii)          Bluff Island Creek (East Beach Creek) - south of a line beginning on the west shore at a point 33° 52.6740' N ‑ 77° 58.1530' W; running easterly to the east shore to a point 33° 52.6850' N ‑ 77° 58.0780' W; and

(iv)          Deep Creek - south of a line on the west shore at a point 33° 52.6850' N ‑ 77° 58.0780' W; running northeasterly to the east shore to a point 33° 52.7690' N ‑ 77° 58.0110' W;

(e)           Dutchman Creek - north of a line beginning on the west shore at a point 33° 55.1560' N ‑ 78° 02.7260' W; running southeasterly to the east shore to a point 33° 55.1130' N ‑ 78° 02.5990' W;

(f)            Denis Creek - west of a line beginning on the north shore at a point 33° 55.0410' N ‑ 78° 03.5180' W; running southerly to the south shore to a point 33° 55.0120' N ‑ 78° 03.5110' W;

(g)           Piney Point Creek - west of a line beginning on the north shore at a point 33° 54.6310' N ‑ 78° 03.5020' W; running southerly to the south shore to a point 33° 54.6040' N ‑ 78° 03.5010' W;

(h)           Molasses, Coward and Smokehouse creeks - all waters bounded by the IWW and the Elizabeth River on the north and east, the Oak Island Coast Guard canal on the east, Oak Island on the south and the CP and L Discharge canal on the west; and

(i)            Oak Island area - all waters north of the IWW from a point on the shoreline 33° 55.2827' N - 78° 03.7681' W; running southerly to a point across the IWW from Marker # 9 33° 55.2610' N - 78° 03.7630' W; running along the IWW to a point near Beacon "18" 33° 55.7410' N ‑ 78° 10.2760' W; running northerly to a point on the shoreline 33° 55.7718' N - 78° 10.2744' W; running along the shoreline back to the point of origin; all waters south of the IWW from a point near Marker "9" 33° 55.2060' N ‑ 78° 03.7580' W; running along the IWW to a point across the IWW from Beacon "18" 33° 55.7199' N - 78° 10.2764' W; running southerly to a point on the shoreline 33° 55.6898' N - 78° 10.2775' W; running along the shoreline back to the point of origin;

(20)         Lockwoods Folly Inlet Area:

(a)           Davis Creek and Davis Canal - east of a line beginning on the north shore at a point 33° 55.2280' N ‑ 78° 10.8610' W; running southerly to the south shore to a point 33° 55.1970' N ‑ 78° 10.8390' W;

(b)           Lockwoods Folly River - north of a line beginning on the west shore at a point 33° 56.3880' N ‑ 78° 13.2360' W; running easterly to the east shore to a point 33° 56.6560' N ‑ 78° 12.8350' W; and

(c)           Spring Creek (Galloway Flats area) - all waters northwest of a line beginning on the north shore at a point 33° 55.7350' N ‑ 78° 13.7090' W; running southwesterly to the south shore to a point 33° 55.5590' N ‑ 78° 13.7960' W;

(21)         Shallotte Inlet Area:

(a)           Shallotte River - north of a line beginning on Bill Holden's Landing at a point 33° 55.8840' N ‑ 78° 22.0710' W; running northeasterly to Gibbins Point to a point 33° 56.3190' N ‑ 78° 21.8740' W;

(b)           Shallotte River (Ocean Flats) - excluding Gibbs Creek, the area enclosed by a line beginning at Long Point 33° 54.6210' N ‑ 78° 21.7960' W; then bounded on the south by the IWW, the west by Shallotte River, the north by Gibb's Creek and the east by the shoreline of the Shallotte River back to the point of origin;

(c)           Shallotte Creek (Little Shallotte River) - east of a line beginning on Shell Landing at a point 33° 55.7390' N ‑ 78° 21.6410' W; running southerly to Boone's Neck Point to a point 33° 55.5990' N ‑ 78° 21.5480' W;

(d)           Saucepan Creek - northwest of a line beginning on the west shore at a point 33° 54.7007' N ‑ 78° 23.4183' W; running northerly to the east shore (mouth of Old Mill Creek) to a point 33° 54.9140' N ‑ 78° 23.4370' W; and

(e)           Old Channel area - all waters south of the IWW from a point near Beacon "83" 33° 54.2890' N ‑ 78° 23.1930' W; running along the IWW to a point near Ocean Isle Beach Bridge 33° 53.7270' N ‑ 78° 26.3760' W; running southerly to a point on the shoreline 33° 53.7082' N - 78° 26.3732' W; running southerly along the shoreline to a point on the shoreline 33° 53.3827' N - 78° 26.2118' W; running along the shoreline to the point of origin; except the dredged finger canals at Ocean Isle Beach located on the south side of the IWW between the Ocean Isle Beach Bridge and IWW Marker "89"; and

(22)         Little River Inlet Area:

(a)           Gause Landing area - all waters north of the IWW from a point on the shoreline 33° 53.9053' N - 78° 25.6064' W; running southerly to a point near Beacon "90" 33° 53.8790' N ‑ 78° 25.5950' W; then following the IWW to a point at the intersection of the IWW and the South Carolina line; 33° 52.0003' N - 78° 33.5633' W; running northerly along the South Carolina line to a point on the shoreline 33° 52.0290' N - 78° 33.5893' W; running along the shoreline to the point of origin;

(b)           Eastern Channel Area - all waters bounded on the east and south by Eastern Channel, on the west by Jink's Creek and on the north by the IWW;

(c)           The Big Narrows Area:

(i)            Big Teague Creek - west of a line beginning on the north shore at a point 33° 52.8260' N ‑ 78° 30.0110' W; running southerly to the south shore to a point 33° 52.8040' N ‑ 78° 29.9940' W;

(ii)           Little Teague Creek - west of a line beginning on the north shore at a point 33° 52.9280' N ‑ 78° 30.1500' W; running southeasterly to the south shore to a point 33° 52.9130' N ‑ 78° 30.1220' W; and

(iii)          Big Norge Creek - south of a line beginning on the west shore at a point 33° 52.8550' N ‑ 78° 30.6190' W; running easterly to the east shore to a point 33° 52.8620' N ‑ 78° 30.5900' W;

(d)           Mad Inlet area - all waters south of the IWW from a point on the shoreline 33° 52.3121' N - 78° 30.4990' W; running northerly to a point near the Sunset Beach Bridge 33° 52.8450' N ‑ 78° 30.6510' W; then following the IWW to a point at the intersection of the IWW and the South Carolina line 33° 51.9888' N - 78° 33.5458' W; running southeasterly along the South Carolina line to a point on the shoreline; running along the shoreline across Mad Inlet at the COLREGS demarcation line to the point of origin; with the exception of Bonaparte Creek; and

(e)           Calabash River - all waters east of a line beginning at a point on the north side of state road No. 1164 bridge at a point 33° 53.3850' N - 78° 32.9710' W; running southerly to the south side of the bridge at a point 33° 53.3580' N - 78° 32.9750' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; September 1, 1991;

Recodified from 15A NCAC 03R .0003 Eff. December 17, 1996;

Amended Eff. May 1, 2017; April 1, 2011; December 1, 2006; September 1, 2005; August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0104      PERMANENT SECONDARY NURSERY AREAS

The permanent secondary nursery areas referenced in 15A NCAC 03N .0105(a) are delineated in the following coastal water areas:

(1)           Roanoke Sound:

Inner Shallowbag Bay - west of a line beginning on the northeast shore at a point 35° 54.6729' N - 75° 39.8099' W; running southerly to the southeast shore to a point 35° 54.1722' N - 75° 39.6806' W;

(2)           In the Pamlico Long Sound Area:

(a)           Long Shoal River ‑ north of a line beginning at the 5th Avenue Canal at a point 35° 35.2120' N - 75° 53.2232' W; running easterly to the east shore on Pains Point to a point 35° 35.0666' N ‑ 75° 51.2000' W;

(b)           Pains Bay ‑ east of a line beginning on Pains Point at a point 35° 35.0666' N ‑ 75° 51.2000' W; running southerly to Rawls Island to a point 35° 34.4666' N - 75° 50.9666' W; running easterly to the east shore to a point 35° 34.2309' N - 75° 50.2695' W;

(c)           Wysocking Bay - northwest of a line beginning at Benson Point at a point 35° 22.9684' N ‑ 76° 03.7129' W; running northeasterly to Long Point to a point 35° 24.6895' N ‑ 76° 01.3155' W;

(d)           Juniper Bay‑Cunning Harbor ‑ north of a line beginning on the west shore of Juniper Bay at a point 35° 20.6217' N ‑ 76° 15.5447' W; running easterly to a point 35° 20.4372' N - 76° 13.2697' W; running easterly to the east shore of Cunning Harbor to a point 35° 20.3413' N ‑ 76° 12.3378' W;

(e)           Swanquarter Bay ‑ north of a line beginning at The Narrows at a point 35° 20.9500' N - 76° 20.6409' W; running easterly to the east shore to a point 35° 21.5959' N ‑ 76° 18.3580' W;

(f)            Deep Cove ‑ The Narrows ‑ north and east of a line beginning on the west shore at a point 35° 20.9790' N ‑ 76° 23.8577' W; running southeasterly to Swanquarter Island to a point 35° 20.5321' N ‑ 76° 22.7869' W; and west of a line at The Narrows beginning on the north shore to a point 35° 20.9500' N ‑ 76° 20.6409' W; running southerly to Swanquarter Island to a point 35° 20.7025' N ‑ 76° 20.5620' W;

(g)           Rose Bay ‑ north of a line beginning on Long Point at a point 35° 23.3404' N ‑ 76° 26.2491' W; running southeasterly to Drum Point to a point 35° 22.4891' N ‑ 76° 25.2012' W;

(h)           Spencer Bay - northwest of a line beginning on Roos Point at a point 35° 22.3866' N ‑ 76° 27.9225' W; running northeasterly to Long Point to a point 35° 23.3404' N ‑ 76° 26.2491' W;

(i)            Abel Bay - northeast of a line beginning on the west shore at a point 35° 23.6463' N ‑ 76° 31.0003' W; running southeasterly to the east shore to a point 35° 22.9353' N ‑ 76° 29.7215' W;

(j)            Mouse Harbor ‑ west of a line beginning on Persimmon Tree Point at a point 35° 18.3915' N ‑ 76° 29.0454' W; running southerly to Yaupon Hammock Point to a point 35° 17.1825' N ‑ 76° 28.8713' W;

(k)           Big Porpoise Bay - northwest of a line beginning on Big Porpoise Point at a point 35° 15.6993' N - 76° 28.2041' W; running southwesterly to Middle Bay Point to a point 35° 14.9276' N ‑ 76° 28.8658' W;

(l)            Middle Bay ‑ west of a line beginning on Deep Point at a point 35° 14.8003' N ‑ 76° 29.1923' W; running southerly to Little Fishing Point to a point 35° 13.5419' N ‑ 76° 29.6123' W;

(m)          Jones Bay ‑ west of a line beginning on Mink Trap Point at a point 35° 13.4968' N ‑ 76° 31.1040' W; running southerly to Boar Point to a point 35° 12.3253' N ‑ 76° 31.2767' W; and

(n)           In the Bay River Area:

(i)            Bonner Bay - southeast of a line beginning on the west shore at a point 35° 09.6281' N ‑ 76° 36.2185' W; running northeasterly to Davis Island Point to a point 35° 10.0888' N ‑ 76° 35.2587' W; and

(ii)           Gales Creek‑Bear Creek - north and west of a line beginning on Sanders Point at a point 35° 11.2833' N ‑ 76° 35.9000' W; running northeasterly to the east shore to a point 35° 11.9000' N ‑ 76° 34.2833' W;

(3)           In the Pamlico and Pungo Rivers Area:

(a)           Pungo River - north of a line beginning on the west shore at a point 35° 32.2000' N - 76° 29.2500' W; running east near Beacon "21" to the east shore to a point 35° 32.0833' N - 76° 28.1500' W;

(b)           Fortescue Creek - east of a line beginning on Pasture Point at a point 35° 25.9213' N ‑ 76° 31.9135' W; running southerly to the Lupton Point shore to a point 35° 25.6012' N ‑ 76° 31.9641' W;

(c)           Pamlico River - west of a line beginning on Ragged Point at a point 35° 27.5768' N - 76° 54.3612' W; running southwesterly to Mauls Point to a point 35° 26.9176' N - 76° 55.5253' W;

(d)           North Creek ‑ north of a line beginning on the west shore at a point 35° 25.3988' N ‑ 76° 40.0455' W; running southeasterly to the east shore to a point 35° 25.1384' N ‑ 76° 39.6712' W;

(e)           In the Goose Creek Area, Campbell Creek - west of a line beginning on the north shore at a point 35° 17.3600' N ‑ 76° 37.1096' W; running southerly to the south shore to a point 35° 16.9876' N ‑ 76° 37.0965' W; and

(f)            Oyster Creek‑Middle Prong ‑ southwest of a line beginning on Pine Hammock at a point 35° 19.5586' N - 76° 32.8830' W; running easterly to Cedar Island to a point 35° 19.5490' N - 76° 32.7365' W; and southwest of a line beginning on Cedar Island at a point 35° 19.4921' N ‑ 76° 32.2590' W; running southeasterly to Beard Island Point to a point 35° 19.1265' N ‑ 76° 31.7226' W;

(4)           In the Neuse River Area:

(a)           Lower Broad Creek - west of a line beginning on the north shore at a point 35° 05.8314' N ‑ 76° 35.3845' W; running southwesterly to the south shore to a point 35° 05.5505' N ‑ 76° 35.7249' W;

(b)           Greens Creek ‑ north of a line beginning on the west shore of Greens Creek at a point 35° 01.3476' N ‑ 76° 42.1740' W; running northeasterly to the east shore to a point 35° 01.4899' N ‑ 76° 41.9961' W;

(c)           Dawson Creek ‑ north of a line beginning on the west shore at a point 34° 59.5920' N ‑ 76° 45.4620' W; running southeasterly to the east shore to a point 34° 59.5800' N - 76° 45.4140' W;

(d)           Goose Creek - north and east of a line beginning at a point on the west shore at a point 35° 02.6642' N ‑ 76° 56.4710' W; running southeasterly to a point on Cooper Point 35° 02.0908' N ‑ 76° 56.0092' W;

(e)           Upper Broad Creek - northeast of a line beginning at a point on Rowland Point on the north shore at a point 35° 02.6166' N - 76° 56.4500' W; running southeasterly to the south shore to a point 35° 02.8960' N ‑ 76° 56.7865' W;

(f)            Clubfoot Creek ‑ south of a line beginning on the west shore at a point 34° 54.5424' N ‑ 76° 45.7252' W; running easterly to the east shore to a point 34° 54.4853' N ‑ 76° 45.4022' W; and

(g)           In the Adams Creek Area, Cedar Creek ‑ east of a line beginning on the north shore at a point 34° 56.1203' N ‑ 76° 38.7988' W; running southerly to the south shore to a point 34° 55.8745' N ‑ 76° 38.8153' W;

(5)           Virginia Creek ‑ all waters of the natural channel northwest of the primary nursery area line;

(6)           Old Topsail Creek ‑ all waters of the dredged channel northwest of the primary nursery area line;

(7)           Mill Creek ‑ all waters west of a line beginning on the north shore at a point 34° 20.6420' N ‑ 77° 42.1220' W; running southwesterly to the south shore to a point 34° 20.3360' N ‑ 77° 42.2400' W;

(8)           Pages Creek ‑ all waters west of a line beginning on the north shore at a point 34° 16.1610' N ‑ 77° 45.9930' W; running southwesterly to the south shore to a point 34° 15.9430' N ‑ 77° 46.1670' W;

(9)           Bradley Creek ‑ all waters west of a line beginning on the north shore at a point 34° 12.7030' N ‑ 77° 49.1230' W; running southerly near the dredged channel to a point 34° 12.4130' N ‑ 77° 49.2110' W; and

(10)         Davis Creek - all waters east of a line beginning on Horse Island at a point 33° 55.0160' N ‑ 78° 12.7380' W; running southerly to Oak Island to a point 33° 54.9190' N ‑ 78° 12.7170' W; continuing upstream to the primary nursery line and Davis Canal, all waters southeast of a line beginning on Pinner Point at a point 33° 55.2930' N ‑ 78° 11.6390' W; running southwesterly across the mouth of Davis Canal to the spoil island at the southwest intersection of the IWW and Davis Canal to a point 33° 55.2690' N ‑ 78° 11.6550' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; March 1, 1994;

Recodified from 15A NCAC 3R .0004 Eff. December 17, 1996;

Amended Eff. April 1, 2011; August 1, 2004; May 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0105      SPECIAL SECONDARY NURSERY AREAS

The special secondary nursery areas referenced in 15A NCAC 03N .0105(b) are designated in the following coastal water areas:

(1)           Roanoke Sound:

(a)           Outer Shallowbag Bay - west of a line beginning on Baum Point at a point 35° 55.1461' N - 75° 39.5618' W; running southeasterly to Ballast Point to a point 35° 54.6250' N - 75° 38.8656' W; including the canal on the southeast shore of Shallowbag Bay; and

(b)           Kitty Hawk Bay/Buzzard Bay - within the area designated by a line beginning at a point on the east shore of Collington Creek at a point 36° 02.4360' N - 75° 42.3189' W; running westerly to a point 36° 02.6630' N - 75° 41.4102' W; running along the shoreline to a point 36° 02.3264' N - 75° 42.3889' W; running southwesterly to a point 36° 02.1483' N - 75° 42.4329' W; running along the shoreline to a point 36° 01.6736' N - 75° 42.5313' W; running southwesterly to a point 36° 01.5704' N - 75° 42.5899' W; running along the shoreline to a point 36° 00.9162' N - 75° 42.2035' W; running southeasterly to a point 36° 00.8253' N - 75° 42.0886' W; running along the shoreline to a point 35° 59.9886' N - 75° 41.7284' W; running southwesterly to a point 35° 59.9597' N - 75° 41.7682' W; running along the shoreline to the mouth of Buzzard Bay to a point 35° 59.6480' N - 75° 32.9906' W; running easterly to Mann Point to a point 35° 59.4171' N - 75° 32.7361' W; running northerly along the shoreline to the point of beginning;

(2)           In the Pamlico and Pungo rivers Area:

(a)           Pungo Creek - west of a line beginning on Persimmon Tree Point at a point 35° 30.7633' N ‑ 76° 38.2831' W; running southwesterly to Windmill Point to a point 35° 31.1546' N ‑ 76° 37.7590' W;

(b)           Scranton Creek - south and east of a line beginning on the west shore at a point 35° 30.6810' N ‑ 76° 28.3435' W; running easterly to the east shore to a point 35° 30.7075' N ‑ 76° 28.6766' W;

(c)           Slade Creek - east of a line beginning on the west shore at a point 35° 27.8879' N ‑ 76° 32.9906' W; running southeasterly to the east shore to a point 35° 27.6510' N ‑ 76° 32.7361' W;

(d)           South Creek - west of a line beginning on Hickory Point at a point 35° 21.7385' N ‑ 76° 41.5907' W; running southerly to Fork Point to a point 35° 20.7534' N ‑ 76° 41.7870' W; and

(e)           Bond Creek/Muddy Creek - south of a line beginning on Fork Point 35° 20.7534' N ‑ 76° 41.7870' W; running southeasterly to Gum Point to a point 35° 20.5632' N ‑ 76° 41.4645' W;

(3)           In the West Bay Area:       

(a)           West Thorofare Bay ‑ south of a line beginning on the west shore at a point 34° 57.2199' N ‑ 76° 24.0947' W; running easterly to the east shore to a point 34° 57.4871' N ‑ 76° 23.0737' W;

(b)           Long Bay‑Ditch Bay ‑ west of a line beginning on the north shore of Ditch Bay at a point 34° 57.9388' N ‑ 76° 27.0781' W; running southwesterly to the south shore of Ditch Bay to a point 34° 57.2120' N - 76° 27.2185' W; then south of a line running southeasterly to the east shore of Long Bay to a point 34° 56.7633' N - 76° 26.3927' W; and

(c)           Turnagain Bay ‑ south of a line beginning on the west shore at a point 34° 59.4065' N ‑ 76° 30.1906' W; running easterly to the east shore to a point 34° 59.5668' N ‑ 76° 29.3557' W;

(4)           In the Core Sound Area:

(a)           Cedar Island Bay ‑ northwest of a line beginning near the gun club dock at a point 34° 58.7203' N ‑ 76° 15.9645' W; running northeasterly to the south shore to a point 34° 57.7690' N ‑ 76° 16.8781' W;

(b)           Thorofare Bay‑Barry Bay ‑ northwest of a line beginning on Rumley Hammock at a point 34° 55.4853' N ‑ 76° 18.2487' W; running northeasterly to Hall Point to a point 34° 54.4227' N ‑ 76° 19.1908' W;

(c)           Nelson Bay ‑ northwest of a line beginning on the west shore of Nelson Bay at a point 34° 51.1353' N ‑ 76° 24.5866' W; running northeasterly to Drum Point to a point 34° 51.6417' N ‑ 76° 23.7620' W;

(d)           Brett Bay ‑ north of a line beginning on the west shore at a point 34° 49.4019' N ‑ 76° 26.0227' W; running easterly to Piney Point to a point 34° 49.5799' N ‑ 76° 25.0534' W; and

(e)           Jarrett Bay ‑ north of a line beginning on the west shore near Old Chimney at a point 34° 45.5743' N ‑ 76° 30.0076' W; running easterly to a point east of Davis Island 34° 45.8325' N ‑ 76° 28.7955' W;

(5)           In the North River Area:

(a)           North River - north of a line beginning on the west shore at a point 34° 46.0383' N - 76° 37.0633' W; running easterly to a point on the east shore 34° 46.2667' N ‑ 76° 35.4933' W; and

(b)           Ward Creek - east of a line beginning on the north shore at a point 34° 46.2667' N ‑ 76° 35.4933' W; running southerly to the south shore to a point 34° 45.4517' N ‑ 76° 35.1767' W;

(6)           Newport River - west of a line beginning near Penn Point on the south shore at a point 34° 45.6960' N ‑ 76° 43.5180' W; running northeasterly to the north shore to a point 34° 46.8490' N ‑ 76° 43.3296' W;

(7)           New River - all waters upstream of a line beginning on the north side of the N.C. Highway 172 Bridge at a point 34° 34.7680' N - 77° 23.9940' W; running southerly to the south side of the bridge at a point 34° 34.6000' N - 77° 23.9710' W;

(8)           Chadwick Bay - all waters west of a line beginning on the northeast side of Chadwick Bay at a point 34° 32.5630' N - 77° 21.6280' W; running southeasterly to a point near Marker "6" at 34° 32.4180' N - 77° 21.6080' W; running westerly to Roses Point at a point 34° 32.2240' N - 77° 22.2880' W; following the shoreline in Fullard Creek to a point 34° 32.0340' N - 77° 22.7160' W; running northwesterly to a point 34° 32.2210' N - 77° 22.8080' W; following the shoreline to the west point of Bump's Creek at a point 34° 32.3430' N - 77° 22.4570' W; running northeasterly to the east shore to a point 34° 32.4400' N - 77° 22.3830' W; following the shoreline of Chadwick Bay back to the point of origin;

(9)           Intracoastal Waterway - all waters in the IWW maintained channel from a point near Marker "17" north of Alligator Bay 34° 30.7930' N - 77° 23.1290' W; to a point near Marker "49" at Morris Landing at a point 34° 28.0820' N - 77° 30.4710' W; and all waters in the IWW maintained channel and 100 feet on either side from Marker "49" to the N.C. Highway 50‑210 Bridge at Surf City;

(10)         Cape Fear River - all waters bounded by a line beginning on the south side of the Spoil Island at the intersection of the IWW and the Cape Fear River ship channel at a point 34° 01.5780' N ‑ 77° 56.0010' W; running easterly to the east shore of the Cape Fear River to a point 34° 01.7230' N ‑ 77° 55.1010' W; running southerly and bounded by the shoreline to the Ferry Slip at Federal Point at a point 33° 57.8080' N ‑ 77° 56.4120' W; running northerly to Bird Island to a point 33° 58.3870' N ‑ 77° 56.5780' W; running northerly along the west shoreline of Bird Island and the Cape Fear River spoil islands back to point of origin;

(11)         Lockwood Folly River - all waters north of a line beginning on Howells Point at a point 33° 55.3680' N ‑ 78° 12.7930' W and running in a westerly direction along the IWW near IWW Marker "46" to a point 33° 55.3650' N ‑ 78° 13.8500' W; and

(12)         Saucepan Creek ‑ all waters north of a line beginning on the west shore at a point 33° 54.6290' N ‑ 78° 22.9170' W; running northeasterly to the east shore to a point 33° 54.6550' N ‑ 78° 22.8670' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; March 1, 1994;

Recodified from 15A NCAC 3R .0005 Eff. December 17, 1996;

Amended Eff. April 1, 2011; August 1, 2004; May 1, 1997.

 

15A NCAC 03R .0106      TRAWL NETS PROHIBITED

The trawl net prohibited areas referenced in 15A NCAC 03J .0104 (b)(4) are delineated in the following coastal water areas:

(1)           In Pamlico, Core and Back sounds - within the area described by a line beginning at a point 35° 43.7457' N ‑ 75° 30.7014' W on the south shore of Eagles Nest Bay on Pea Island; running westerly to a point 35° 42.9500' N ‑ 75° 34.1500' W; running southerly to a point 35° 39.3500' N – 75° 34.4000' W; running southeasterly to a point 35° 35.8931' N ‑ 75° 31.1514' W in Chicamacomico Channel near Beacon "ICC"; running southerly to a point 35° 28.5610' N ‑ 75° 31.5825' W on Gull Island; running southwesterly to a point 35° 22.8671' N ‑ 75° 33.5851' W in Avon Channel near Beacon "1"; running southwesterly to a point 35° 18.9603' N ‑ 75° 36.0817' W in Cape Channel near Beacon "2"; running westerly to a point 35° 16.7588' N ‑ 75° 44.2554' W in Rollinson Channel near Beacon "42RC"; running southwesterly to a point 35° 14.0337' N ‑ 75° 45.9643' W southwest of Oliver Reef near the quick-flashing beacon; running westerly to a point 35° 09.3650' N – 76° 00.6377' W in Big Foot Slough Channel near Beacon "14BF"; running southwesterly to a point 35° 08.4523' N – 76° 02.6651'W in Nine Foot Shoal Channel near Beacon "9"; running westerly to a point 35° 07.1000' N – 76° 06.9000' W; running southwesterly to a point 35° 01.4985' N – 76° 11.4353' W near Beacon "HL"; running southwesterly to a point 35° 00.2728' N ‑ 76° 12.1903' W near Beacon "2CS"; running southerly to a point 34° 59.5027' N – 76° 12.3204' W in Wainwright Channel immediately east of the northern tip of Wainwright Island; running easterly to a point 34° 58.6760'N – 76° 12.4164'W; running southerly to a point 34°56.6697'N – 76° 13.6052'W near Marker "15"; running southwesterly to a point 34° 54.1584'N – 76° 16.9016'W; running southwesterly to a point 34° 52.1484'N – 76° 19.2607'W; running southwesterly to a point 34° 51.0617'N – 76° 21.0449'W; running southwesterly to a point 34° 48.3137' N - 76° 24.3717' W; running southwesterly to a point 34° 46.3739' N – 76° 26.1526' W; running southwesterly to a point 34° 44.5795' N – 76° 27.5136' W; running southwesterly to a point 34° 43.4895' N – 76° 28.9411' W near Beacon "37A"; running southwesterly to a point 34° 40.4500' N – 76° 30.6833' W; running westerly to a point 34° 40.7061' N – 76° 31.5893' W near Beacon "35" in Back Sound; running westerly to a point 34° 41.3178' N - 76° 33.8092' W near Buoy "3"; running southwesterly to a point 34° 39.6601' N – 76° 34.4078' W on Shackleford Banks; running easterly and northeasterly along the shoreline and across Barden Inlet following the COLREGS Demarcation line; then running northerly along the shoreline across the inlets following the COLREGS Demarcation line up the Outer Banks to Eagles Nest Bay at the point of beginning.

(2)           In Northern Pamlico Sound, Stumpy Point Bay - north of a line beginning at a point 35° 40.9719' N ‑ 75° 44.4213' W on Drain Point; running westerly to a point 35° 40.6550' N ‑ 75° 45.6869' W on Kazer Point;

(3)           In the Pamlico River area, lower Goose Creek - south of a line beginning at a point 35° 18.2676' N ‑ 76° 37.4706' W on the north shore of Snode Creek; running easterly to a point 35° 18.1660' N ‑ 76° 36.9095' W on Store Point;

(4)           In the Bay River Area:

(a)           In Dump Creek - north of a line beginning at a point 35° 11.6666' N ‑ 76° 33.4207' W on the west shore; running southeasterly to a point 35° 11.3926' N ‑ 76° 32.8993' W on the east shore;

(b)           In Rockhole Bay - north of a line beginning at a point 35° 11.3926' N ‑ 76° 32.8993' W on the west shore; running southeasterly to a point 35° 11.1321' N ‑ 76° 32.1360' W on the east shore;

(c)           In Vandemere Creek - north of a line beginning at a point 35° 11.2681' N ‑ 76° 39.5220' W on the west shore; running southerly to a point 35° 11.0879' N ‑ 76° 39.3200' W on the east shore;

(d)           In Cedar Creek - west of a line beginning at a point 35° 11.2681' N ‑ 76° 39.5220' W on the north shore; running southwesterly to a point 35° 11.1033' N ‑ 76° 39.7321' W on the south shore of an unnamed tributary;

(e)           In Chapel Creek - north of a line beginning at a point 35° 08.6768' N ‑ 76° 42.7985' W on the west shore; running easterly to a point 35° 08.7677' N ‑ 76° 42.3604' W on the east shore;

(f)            In Upper Bay River - west of a line beginning at a point 35° 08.6704' N ‑ 76° 43.0836' W on the north shore; running southwesterly to a point 35° 08.4590' N ‑ 76° 43.1930' W on the south shore;

(5)           In the Neuse River Area, Pierce Creek - west of a line beginning at a point 35° 02.4336' N ‑ 76° 39.7653' W on the north shore; running southerly to a point 35° 02.3767' N ‑ 76° 39.7876' W on the south shore;

(6)           In Cape Lookout Bight, all of Cape Lookout Bight - southwest of the COLREGS Demarcation line at Barden Inlet to the northeastern most point of Power Squadron Spit; running northeasterly to a point 34° 38.6150' N – 76° 32.7434' W on Shackleford Banks;

(7)           Newport River - all waters upstream of a line beginning at a point 34° 45.6960'N – 76° 43.5180' W near Penn Point; running northeasterly to a point 34° 46.5733' N – 76° 42.6350' W at Hardesty Farms subdivision;

(8)           White Oak River - all waters upstream of a line beginning at a point on the west side of the river 34° 43.3425' N – 77° 07.2209' W; running northerly to a point 34° 43.6445'N – 77° 07.3177' W in the river above Cahoon's Slough; running easterly to a point 34° 43.5588' N – 77° 06.6206' W at Hancock Point;

(9)           Intracoastal Waterway - all waters in the maintained channel from a point near Marker #105 34° 18.8167' N – 77° 42.8833' W running southerly to a point at the Wrightsville Beach Drawbridge 34° 12.9500' N – 77° 47.9833' W;

(10)         Cape Fear River - all waters bounded by a line beginning at a point near Fort Fisher 33° 57.5333' N – 77° 56.9333' W running southwesterly along The Rocks to a point 33° 55.1833' N – 77° 58.0833' W running southeasterly and southerly along the shorelines of Second and Buzzard's Bays to a point 33° 53.0333' N – 57.9333' W running northeastly and northwestly along the barrier island shorelines of Buzzard's Bay, Second Bay and The Basin back to the point of origin;

(11)         Cape Creek - all waters upstream of a line beginning at a point on the north shore 33° 53.6167' N – 77° 59.3333' W running southwesterly to a point on the south shore 33° 53.3667' N – 77° 59.4667' W; and

(12)         Bald Head Creek - all waters upstream of a line beginning at a point on the west shore 33° 52.8667' N – 77° 59.8000' W running easterly to a point on the east shore 33° 52.8667' N – 77° 59.7167' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Recodified from 15A NCAC 3R .0006 Eff. December 17, 1996;

Amended Eff. July 1, 2006; August 1, 2004; April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0107      DESIGNATED POT AREAS

(a)  The pot areas referenced in 15A NCAC 03J .0301(a)(2)(A) are delineated in the following Coastal Fishing Waters:

(1)           In Albemarle and Currituck sounds and tributaries.

(2)           In Roanoke Sound and tributaries.

(3)           In Croatan Sound and tributaries.

(4)           In Pamlico Sound and tributaries, except areas further described in Subparagraphs (a)(5), (a)(7), and (a)(8) of this Rule. Pots shall not be set within the following area described by lines:

(A)          Striking Bay - beginning on shore at a point 35° 23.7003' N - 76° 26.6951' W; running southeasterly to shore at a point 35° 23.3580' N - 76° 26.3777' W; running easterly along shore to Long Point to a point 35° 23.3380' N - 76° 26.2540' W; running southeasterly to Drum Point to a point 35° 22.4830' N - 76° 25.1930' W; running southerly along shore to Point of Narrows to a point 35° 21.9240' N - 76° 25.4080' W; running northwesterly near Marker "2" to a point 35° 22.4166' N - 76° 26.4833' W; running westerly to a point 35° 22.3833' N - 76° 27.0000' W; running northerly to Short Point to a point 35° 23.3831' N - 76° 26.9922' W; running northerly along shore to a point 35° 23.5000' N - 76° 26.9666' W; running northeasterly to the beginning point.

(5)           In the Pamlico River and its tributaries west of a line beginning on Willow Point at a point 35° 22.3741' N - 76° 28.6905' W; running southerly to Pamlico Point to a point 35° 18.5882' N - 76° 28.9625' W; pots may be used in Coastal Fishing Waters within an area bound by the shoreline to the depth of six feet. Pots shall not be used in areas listed in Paragraph (b) of this Rule, unless opened to the use of pots by proclamation; and pots shall not be set within the following areas described by lines:

(A)          Long Point - beginning on shore at a point 35° 22.4833' N - 76° 43.4167' W; running northwesterly to a point 35° 22.6500' N - 76° 43.4333' W; running easterly along the six foot depth to a point 35° 22.7333' N - 76° 42.7333' W; running to shore to a point 35° 22.4000' N - 76° 43.0833' W; running westerly along shore to the beginning point.

(B)          Pamlico River Mainstream Channel - beginning at a point 250 yards north of Marker "7" at a point 35° 27.2953' N - 76° 55.1351' W; running westerly to a point near Marker "8" at a point 35° 27.4217' N - 76° 56.0917' W; running westerly along the north side of the marked channel to a point 100 yards north of Marker "9" at a point 35° 27.7472' N - 76° 57.5392' W; running westerly along the north side of the marked channel to a point near Marker "16", north of Whichard Beach at a point 35° 30.4750' N - 77° 01.2217' W; running southwesterly across the channel to a point 35° 30.4373' N - 77° 01.2614' W; running southeasterly along the south side of the marked channel at a distance of 100 yards from the north side of the marked channel to a point near Marker "7" at a point 35° 27.1722' N - 76° 55.1380' W; running northerly to the beginning point.

(C)          Chocowinity Bay Channel - beginning at a point near the Wildlife Resources Commission (WRC) red marker in Chocowinity Bay at a point 35° 29.5501' N - 77° 01.4335' W; running easterly to the south side of the marked navigation channel in Pamlico River, at a point 35° 29.0408' N - 76° 59.5437' W; running southeasterly to a point 35° 28.9236' N - 76° 59.3109' W; running westerly to the WRC green buoy in Chocowinity Bay at a point 35° 29.5004' N - 77° 01.4339' W; running northerly to the beginning point.

(D)          Whichard Beach Channel - beginning on shore at a point 35° 30.2364' N - 77° 01.3679' W; running easterly to the south side of the marked navigation channel in Pamlico River at a point 35° 30.1952' N - 77° 01.0252' W; running southeasterly to a point 35° 30.1373' N - 77° 00.9685' W; running westerly to shore at a point 35° 30.2002' N - 77° 01.4518' W, running northeasterly to the beginning point.

(E)           Broad Creek Channel - beginning near Marker "3" in Broad Creek at a point 35° 29.0733' N - 76° 57.2417' W; running southwesterly near Marker "1" at a point 35° 28.8591' N - 76° 57.3823' W; running southerly to the marked navigation channel in Pamlico River at a point 35° 27.8083' N - 76° 57.6250' W; running southeasterly to a point 35° 27.7344' N - 76° 57.4822' W; running northerly to the six foot depth at a point 35° 28.5779' N - 76° 57.2924' W; running northerly to the six foot depth at a point 35° 28.7781' N - 76° 57.3508' W; running northerly along the six foot depth to a point near Marker "4" at a point 35° 29.0933' N - 76° 57.1967' W; running southwesterly to the beginning point.

(F)           Blounts Bay - from June 1 through September 15, on the south side of Pamlico River beginning near Marker "7" at a point 35° 27.1722' N - 76° 55.1381' W; running westerly and along the south side of the marked navigation channel to a point near Marker "9" at a point 35° 27.7070' N - 76° 57.5739' W; running northwesterly along the south side of the marked channel to the intersection of the Chocowinity Bay Channel at a point 35° 28.9236' N - 76° 59.3109' W; running westerly along the south side of the Chocowinity Bay Channel to a point 35° 29.0206' N - 76° 59.6678' W; running southerly to the eight foot depth at a point 35° 28.6667' N - 76° 59.6667' W; running southeasterly along the eight foot depth to a point 35° 27.0833' N - 76° 55.1667' W; running northerly to the beginning point.

(6)           In the Pamlico River and its tributaries west of a line beginning on Willow Point at a point 35° 22.3741' N - 76° 28.6905' W; running southerly to Pamlico Point to a point 35° 18.5882' N - 76° 28.9625' W; pots may be used in Coastal Fishing Waters within an area bound by the shoreline to the depth of six feet. Pots shall not be used in areas listed in Paragraph (b) of this Rule, unless opened to the use of pots by proclamation; and except pots may be set within the following areas described by lines:

(A)          Durants Point and South Shore, upper Pungo River - beginning on Durants Point at a point 35° 30.5197' N - 76° 35.1521' W; running northwesterly to a point 35° 31.1333' N - 76° 35.5833' W; running northeasterly 200 yards south of Marker "10" to a point 35° 31.2032' N - 76° 35.5558' W; running easterly parallel to the marked navigation channel at a distance of 200 yards to the shore south of Wilkerson Creek to a point 35° 33.0493' N - 76° 27.2752' W; running southerly and westerly along the shoreline and following the Inland/Coastal lines of Horse Island, Tarklin, Scranton, and Smith Creeks to the beginning point.

(B)          Tooleys Point and North Shore, upper Pungo River - beginning at the "Breakwater" 200 yards northeast of Beacon "6", at a point 35° 31.7833' N - 76° 36.8500' W; running southeasterly to a point 200 yards from Marker "4" at a point 35° 31.5167' N - 76° 36.3500' W; running easterly parallel to the marked navigation channel at a distance of 200 yards to the north shore of Wilkerson Creek to a point 35° 33.2339' N - 76° 27.5449' W; running northwesterly along the shoreline to the east end of the US 264 bridge; running westerly along the south side of the bridge and following the Inland/Coastal line to the western shore; running southerly and westerly along the shoreline and following the Inland/Coastal lines of Upper Dowry Creek and Lower Dowry Creek; running westerly and along the shoreline of Battalina and Tooleys creeks; running along the river shore to the "Breakwater" to a point 35° 31.9908' N - 76° 36.6105' W; running southwesterly along the "Breakwater" to the beginning point.

(C)          Pungo Creek - beginning on Windmill Point at a point 35° 30.7444' N - 76° 38.2869' W; running northeasterly to a point 200 yards west of Marker "3" to a point 35° 31.3500' N - 76° 36.6167' W; running northwesterly to the "Breakwater" to a point 35° 31.6296' N - 76° 37.1201' W; running westerly along the "Breakwater" to shore to a point 35° 31.5653' N - 76° 37.3832' W; running westerly along shore and into Pungo Creek following the shoreline and the Inland/Coastal lines of Vale, Scott, and Smith creeks to the north end of the NC 92 bridge over Pungo Creek; running southerly along the bridge and following the Inland/Coastal line to the southern shore; running easterly along shore to the beginning point.

(D)          Upper Pamlico - in Coastal Fishing Waters west of a line beginning on the north shore of Gum Point at a point 35° 25.1699' N - 76° 45.5251' W; running southwesterly to a point on the south shore of Pamlico River to a point 35° 23.4453' N - 76° 46.4346' W, except as described in Paragraph (a)(5)(B) through (F) of this Rule.

(E)           North Side Pamlico - beginning on the north shore of Gum Point at a point 35° 25.1699' N - 76° 45.5251' W; running southwesterly 500 yards from shore to a point 35° 24.9339' N - 76° 45.6495' W; running easterly parallel to the shoreline at a distance of 500 yards near Adams Point to a point 35° 23.3949' N - 76° 35.8089' W; running northerly to shore at a point 35° 23.1754' N - 76° 35.9619' W; running westerly along shore to the beginning point.

(F)           South Creek - in Coastal Fishing Waters of South Creek and tributaries west of a line beginning on Hickory Point at a point 35° 21.7385' N - 76° 41.5907' W; running southerly to Fork Point to a point 35° 20.7534' N - 76° 41.7870' W.

(7)           In Bay River west of a line beginning on Bay Point at a point 35° 11.0750' N - 76° 31.6080' W; running southerly to Maw Point to a point 35° 09.0407' N - 76° 32.2348' W; pots may be used in Coastal Fishing Waters within an area bound by the shoreline to the depth of six feet. Pots shall not be used in areas listed in Paragraph (b) of this Rule, unless opened to the use of pots by proclamation; and pots shall not be set within the following areas described by lines:

(A)          Vandemere - beginning on the west shore of Vandemere Creek at a point 35° 11.2280' N - 76° 39.6046' W; running southeasterly to the east shore to a point 35° 11.0920' N - 76° 39.3240' W; running southerly to a point 35° 10.9390' N - 76° 39.4426' W; running southwesterly to a point 35° 10.8567' N - 76° 39.6212' W; running northwesterly to shore west of Vandemere Creek to a point 35° 10.8983' N - 76° 39.7307' W; running northerly along shore to the beginning point.

(B)          Moore Bay - beginning on shore west of Bell Point at a point 35° 09.6712' N - 76° 39.9651' W; running northwesterly to a point 35° 09.7331' N - 76° 40.0928' W; running southerly along the six foot depth to a point 35° 09.0045' N - 76° 40.3141' W; running southeasterly to the north shore of Moore Creek to a point 35° 08.9640' N - 76° 40.2000' W; running northerly along shore to the beginning point.

(8)           In the Neuse River and Point of Marsh area south and west of a line beginning on Maw Point at a point 35° 09.0407' N - 76° 32.2348' W; running southeasterly near the Maw Point Shoal Marker "2" to a point 35° 08.1250' N - 76° 30.8532' W; running southeasterly near the Neuse River Entrance Marker "NR" to a point 35° 06.6212' N - 76° 28.5383' W; running southeasterly to a point 35° 04.7670' N - 76° 25.7920' W; running southwesterly to shore to a point 35° 03.9387' N - 76° 27.0466' W; pots may be used in Coastal Fishing Waters within an area bound by the shoreline to the depth of six feet. Pots shall not be used in areas listed in Paragraph (b) of this Rule, unless opened to the use of pots by proclamation; and pots shall not be set within the following areas described by lines:

(A)          Oriental - in that area including Greens Creek and tributaries downstream of the bridge on State Secondary Road 1308, and Whittaker Creek north of a line beginning on the west shore at the Whittaker Creek primary nursery area (PNA) line; running easterly along the Whittaker Creek PNA line to the east shore; running southerly to a point 35° 01.3833' N - 76° 40.9500' W; running westerly following the six foot depth to a point 35° 01.1666' N - 76° 41.8833' W; running southerly across the channel to a point 35° 01.1339' N - 76° 41.9589' W; running westerly to Windmill Point to the south shore of the Shop Gut Creek PNA line; running northerly along the Shop Gut Creek PNA line to the north shore of the Shop Gut Creek PNA line.

(B)          Greens Creek - more than 75 yards from shore in the area beginning on the south shore of Greens Creek primary nursery area (PNA) line; following the PNA lines of Greens Creek and Kershaw Creek to the east shore of Kershaw Creek; running easterly along the shore of Greens Creek, and running along the shore of Smith Creek and its tributaries to the bridge on State Secondary Road 1308; running southwesterly along the bridge to the south shore of Greens Creek; running westerly along the shore to the beginning point.

(C)          Dawson Creek - beginning on the west shore at a point 34° 59.5920' N - 76° 45.4620' W; running easterly along the bridge on State Secondary Road 1302 to shore at a point 34° 59.5800' N - 76° 45.4140' W; running northerly and easterly along the shore to the primary nursery area (PNA) line of the southeastern tributary; running northerly along the PNA line to shore; running northerly along shore to the PNA line of the unnamed northeastern tributary; running northwesterly along the PNA line to shore; running northwesterly along shore to the Inland/Coastal line on Tarklin Creek; running westerly along the Inland/Coastal line to shore; running southwesterly along shore to the Inland/Coastal line on Dawson Creek; running southerly along the Inland/Coastal line to the shore; running easterly and then southerly along shore to the beginning point.

(D)          Wilkerson Point - beginning on the west side of the Minnesott Beach Yacht Basin Channel at a point 34° 58.2682' N - 76° 49.1903' W; running southerly to a point 34° 58.1403' N - 76° 49.2253' W; running easterly along the six foot depth to a point 34° 58.4000' N - 76° 46.5667' W; running northerly to shore to a point 34° 58.5333' N - 76° 46.6333' W; running westerly along shore to the beginning point.

(E)           Beard Creek - beginning on shore west of Beard Creek at a point 35° 00.1902' N - 76° 52.2176' W; running southerly to a point 34° 59.8883' N - 76° 52.3594' W; running easterly along the six foot depth to a point 34° 59.4167' N - 76° 51.2333' W; running northeasterly to shore to a point 34° 59.5989' N - 76° 51.0781' W; running westerly along shore to the Beard Creek tributary primary nursery area (PNA) line; running northeasterly along the PNA line to the Inland/Coastal line in Beards Creek; running westerly along the Inland/Coastal line to the western shore; running southerly along shore to the beginning point.

(F)           Clubfoot Creek - more than 50 yards from shore in the area south of a line beginning at a point 34° 54.9327' N - 76° 45.6506' W on the west shore; running northerly to a point 34° 55.1501' N - 76° 45.6221' W; running northeasterly to a point 34° 55.1812' N - 76° 45.5172' W near Marker "5"; running northeasterly to a point 34° 55.2994' N - 76° 45.1180' W on the east shore and north of line beginning at a point on the west shore 34° 54.5424' N - 76° 45.7252' W; running easterly to a point 34° 54.4853' N - 76° 45.4022' W on the east shore.

(G)          Lower Broad Creek - beginning on the north shore at a point 35° 05.8314' N - 76° 35.3845' W; running southwesterly along the secondary nursery area line to the six foot depth at 35° 05.7321' N - 76° 35.5046' W; running southerly following the six foot depth near Marker "2A" to a point 35° 05.5442' N - 76° 35.2886' W; running northerly to a point 35° 05.7446' N - 76° 35.2980' W; running westerly along the shore to the point of beginning.

(9)           In the Neuse River and Point of Marsh area south and west of a line beginning on Maw Point at a point 35° 09.0407' N - 76° 32.2348' W; running southeasterly near the Maw Point Shoal Marker "2" to a point 35° 08.1250' N - 76° 30.8532' W; running southeasterly near the Neuse River Entrance Marker "NR" to a point 35° 06.6212' N - 76° 28.5383' W; running southeasterly to a point 35° 04.7670' N - 76° 25.7920' W; running southwesterly to shore to a point 35° 03.9387' N - 76° 27.0466' W; pots may be used in Coastal Fishing Waters within an area bound by the shoreline to the depth of six feet. Pots shall not be used in areas listed in Paragraph (b) of this Rule, unless opened to the use of pots by proclamation; and except pots may be set in Coastal Fishing Waters west of a line beginning on shore west of Beards Creek at a point 35° 00.1902' N - 76° 52.2176' W; running southwesterly to shore west of Slocum Creek to a point 34° 57.0333' N - 76° 53.7252' W.

(10)         In the West Bay and Long Bay area south and west of a line beginning on shore at a point 35° 03.9387' N - 76° 27.0466' W; running northeasterly to a point 35° 04.7670' N - 76° 25.7920' W; running southeasterly to the eastern shore of West Bay to a point 35° 02.1203' N - 76° 21.8122' W; areas described by lines:

(A)          Raccoon Island, northern shore - beginning at the western point at a point 35° 04.3696' N - 76° 26.1815' W; running southeasterly along the north shore to a point 35° 03.9814' N - 76° 25.5862' W; running easterly 150 yards to a point 35° 03.9777' N - 76° 25.4910' W; running northwesterly at a distance of 150 yards from shore to a point 35° 04.4417' N - 76° 26.2150' W; running easterly to the beginning point.

(B)          Raccoon Island, southern shore - beginning at the western point at a point 35° 04.3696' N - 76° 26.1815' W; running southeasterly along the south shore to a point 35° 03.9814' N - 76° 25.5862' W; running easterly 50 yards to a point 35° 03.9800' N - 76° 25.5513' W; running westerly at a distance of 50 yards from shore to a point 35° 04.3955' N - 76° 26.1934' W; running easterly to the beginning point.

(C)          West Bay: Point of the Narrows - beginning on shore at a point 35° 03.5421' N - 76° 26.3909' W; running northeasterly to a point 35° 03.5980' N - 76° 26.3894' W; running southeasterly parallel to shore at a distance of 100 yards to a point 35° 02.4740' N - 76° 26.1280' W; running northwesterly to shore to a point 35° 02.5440' N - 76° 26.1486' W; running northerly along shore to the beginning point.

(D)          West Bay: Point of Island Bay, Dowdy Bay - beginning on shore at a point 35° 01.5271' N - 76° 26.2836' W; running southeasterly to a point 35° 01.4684' N - 76° 26.2450' W; running southeasterly parallel to shore at a distance of 100 yards to a point 35° 00.0701' N - 76° 25.4414' W; running southerly to a point 35° 00.0620' N - 76° 25.5074' W on Dowdy Point; running westerly and northerly along shore to the beginning point.

(E)           West Bay - beginning on Dowdy Point at a point 35° 00.0620' N - 76° 25.5074' W; running easterly to a point 35° 00.1000' N - 76° 25.2000' W; running southerly to a point 34° 58.7500' N - 76° 24.7000' W; running westerly to Jack's Bay Point to a point 34° 58.6886' N - 76° 25.3683' W; running northerly along shore to the beginning point.

(F)           Long Bay: Jack's Bay, Stump Bay - beginning on Jack's Bay Point at a point 34° 58.6886' N - 76° 25.3683' W; running southwesterly to a point 34° 57.6500' N - 76° 25.8500' W; running westerly to shore to a point 34° 57.2089' N - 76° 27.2292' W; running northerly along shore to the boundary of the military restricted area (having its center at a point 34° 58.8000' N - 76° 26.2000' W) in Jack's Bay to a point 34° 58.4208' N - 76° 25.9417' W; running northeasterly along the boundary of the military restricted area to a point 34° 58.7746' N - 76° 25.6733' W; running easterly along shore to the beginning point.

(G)          Long Bay - beginning on the east point of the southern shore of Stump Bay at a point 34° 57.2089' N - 76° 27.2292' W; running southeasterly to Swimming Point to a point 34° 56.7619' N - 76° 26.3838' W; running southerly along shore to the head of Long Bay; running northerly along the west shore to the beginning point.

(H)          Long Bay: Owens Bay - beginning on Swimming Point at a point 34° 56.7619' N - 76° 26.3838' W; running northwesterly to a point 34° 56.8470' N - 76° 26.5363' W; running northeasterly parallel to shore at a distance of 300 yards to a point 34° 57.9394' N - 76° 24.1326' W; running southwesterly to Long Bay Point at a point 34° 57.7863' N - 76° 24.1837' W; running southwesterly along shore to the beginning point.

(I)            West Thorofare Bay, Merkle Bay - beginning on Long Bay Point at a point 34° 57.7863' N - 76° 24.1837' W; running northeasterly near Marker "8WB" to a point 34° 58.4600' N - 76° 23.9600' W; running easterly to Tump Point to a point 34° 58.7000' N - 76° 22.8166' W; running southerly along the shore of Merkle Bay and West Thorofare Bay back to the beginning point.

(J)            West Bay, North Bay - beginning on the eastern shore of West Bay at a point 35° 02.1203' N - 76° 21.8122' W; running northwesterly to a point 35° 02.5412' N - 76° 22.4445' W; running southwesterly near Marker "5WB" to a point 35° 02.0798' N - 76° 22.8729' W; running southerly to a point 35° 00.5666' N - 76° 21.8333' W; running southerly to Deep Bend Point to a point 34° 58.5923' N - 76° 21.7325' W; running easterly and northerly along shore to the beginning point.

(11)         Core Sound, Back Sound, and the Straits and their tributaries.

(12)         North River:

(A)          Goose Bay - beginning on shore west of South Leopard Creek at a point 34° 45.4517' N - 76° 35.1767' W; running northerly to a point 34° 45.6409' N - 76° 35.2503' W; running southwesterly to a point 34° 45.3333' N - 76° 35.7500' W; running southerly to a point 34° 43.4667' N - 76° 35.2333' W; running easterly to shore at a point 34° 43.5833' N - 76° 34.9167' W; running northerly along shore to the beginning point.

(B)          Ward Creek - Coastal Fishing Waters north and east of a line beginning on the north shore at a point 34° 46.2667' N - 76° 35.4933' W; running southerly to south shore to a point 34° 45.4517' N - 76° 35.1767' W.

(C)          Upper North River - Coastal Fishing Waters north of a line beginning on the west shore at a point 34° 46.0383' N - 76° 37.0633' W; running easterly to shore to a point 34° 46.2667' N - 76° 35.4933' W.

(D)          Newby Creek, Gibbs Creek - beginning on Marsh Hen Point at a point 34° 45.2004' N - 76° 37.0639' W; running southwesterly to a point 34° 44.5833' N - 76° 36.6000' W; running southeasterly to shore near Holland's Rocks to a point 34° 43.6667' N - 76° 37.3333' W; running northerly along shore to the beginning point.

(E)           North River Marshes - beginning near Marker "6" at a point 34° 43.4833' N - 76° 37.3500' W; running northeasterly to a point 34° 44.1333' N - 76° 36.8667' W; running southeasterly to a point 34° 43.8000' N - 76° 36.1333' W; running southeasterly to a point 34° 43.5000' N - 76° 35.7833' W; running southerly near Marker "56"to a point 34° 42.2391' N - 76° 35.8498' W; running westerly to a point 34° 42.2333' N - 76° 36.7167' W; running northerly to a point 34° 42.7500' N - 76° 36.9667' W; running northerly to a point 34° 43.2333' N - 76° 36.9667' W; running northwesterly to the beginning point.

(13)         Newport River:

(A)          Lower portion - beginning on shore east of Penn Point at a point 34° 45.4397' N - 76° 43.0638' W; running northeasterly to shore east of Oyster Creek to a point 34° 46.5480' N - 76° 41.9910' W; running easterly along shore to a point on the western shore of Core Creek to a point 34° 47.0816' N - 76° 41.2605' W; running easterly to the eastern shore at a point 34° 46.9867' N - 76° 41.0437' W; running southerly along shore to Gallant Point to a point 34° 43.9911' N - 76° 40.2762' W; running westerly near Marker "2" to a point 34° 44.0031' N - 76° 40.5038' W; running southeasterly near Marker "4" to a point 34° 43.7064' N - 76° 40.1627' W; running southerly to the west side of Gallant's Channel at the drawbridge to a point 34° 43.3500' N - 76° 40.1833' W; running westerly along the US 70 and the US 70 bridge to its terminus at the State Port Terminal; running westerly and northerly along the western shore of Newport River and its tributaries to the beginning point.

(B)          Upper portion - the Coastal Fishing Waters west of a line beginning on shore east of Harlowe Creek at a point 34° 46.5730' N - 76° 42.6350' W; running southerly to shore east of Penn Point to a point 34° 45.6970' N - 76° 43.5180' W.

(14)         Bogue Sound:

(A)          South of the Intracoastal Waterway - beginning on the south shore at the NC 58 bridge at a point 34° 40.0585' N - 77° 03.8005' W; running northerly along the bridge to the south side of the IWW channel to a point 34° 40.4464' N - 77° 03.9155' W; running easterly along the south side of the IWW channel to the Atlantic Beach bridge to a point 34° 43.0320' N - 76° 44.1300' W; running easterly to the northeastern shore of Tar Landing Bay to a point 34° 42.5000' N - 76° 42.2000' W; running easterly along shore to a point 34° 42.1990' N - 76° 41.3873' W; running southeasterly to a point 34° 42.1631' N - 76° 41.3491' W; running southeasterly and westerly along shore to the beginning point.

(B)          North of the Intracoastal Waterway - beginning on the north shore at the NC 58 bridge at a point 34° 40.7780' N - 77° 04.0010' W; running southerly along the bridge to the north side of the IWW channel to a point 34° 40.4640' N - 77° 03.9090' W; running easterly along the north side of the IWW channel to the Atlantic Beach bridge to a point 34° 43.0620' N - 76° 44.1240' W; running northerly along the bridge to shore to a point 34° 43.2780' N - 76° 44.0700' W; running westerly along shore to the beginning point.

(15)         Designated primary nursery areas in all Coastal Fishing Waters which are listed in 15A NCAC 03R .0103, except Burton Creek off Lower Broad Creek in Pamlico County.

(b)  The pot areas referenced in 15A NCAC 03J .0301(a)(2)(B) to be opened by proclamation are delineated in the following Coastal Fishing Waters:

(1)           Wysocking Bay:

(A)          Lone Tree Creek - beginning on shore at a point 35° 25.9705' N - 76° 02.7799' W; running easterly along the shoreline to the primary nursery area (PNA) line on the north shore of Lone Tree Creek; running southeasterly along the PNA line to the south shore; running southwesterly to a point 35° 24.7666' N - 76° 02.5333' W; running northwesterly to a point 35° 25.7000' N - 76° 03.2666' W; running northeasterly to the beginning point.

(B)          Mt. Pleasant Bay - beginning on shore west of Green Point at a point 35° 24.6160' N - 76° 03.9690' W; running easterly to a point 35° 24.4500' N - 76° 03.2000' W; running southerly to a point 35° 23.2833' N - 76° 03.5333' W; running southwesterly to shore to a point 35° 23.1166' N - 76° 04.2000' W; running westerly and northerly along shore to the primary nursery area (PNA) line on the western shore of Hickory Creek Bay; running northeasterly along the PNA line to Browns Island; running along the eastern shore of Browns Island to the PNA line on the south shore of Old Hill Bay; running northerly along the PNA line to shore; running northeasterly along shore to the beginning point.

(2)           Juniper Bay - beginning on shore at a point 35° 21.7957' N - 76° 14.3545' W; running southeasterly along shore to the primary nursery area (PNA) line on the western shore of Buck Creek; running southeasterly along the PNA line to the eastern shore; running southeasterly along shore to the PNA line on the north shore of Laurel Creek; running southerly to the south shore; running southerly along shore to Juniper Bay Point to a point 35° 20.4420' N - 76° 13.2680' W; running westerly to a point 35° 20.2500' N - 76° 14.7500' W; running northerly near Marker "3" to a point 35° 21.5360' N - 76° 14.8040' W; running northeasterly to the beginning point.

(3)           Swanquarter Bay - beginning in Caffee Bay on the north shore at a point 35° 21.9928' N - 76° 17.6720' W; running southerly to the south shore at a point 35° 21.5240' N - 76° 17.8130' W; running westerly along shore to Drum Point to a point 35° 21.5920' N - 76° 18.3560' W; running westerly to a point 35° 21.2833' N - 76° 19.0500' W; running northwesterly to a point 35° 21.8500' N - 76° 19.4500' W; running easterly to Sandy Point to a point 35° 22.1080' N - 76° 18.7440' W; running easterly along shore and following the PNA line of the northern tributary in Caffee Bay to the beginning point.

(4)           Deep Cove - beginning on the north shore at a point 35° 21.5784' N - 76° 22.7505' W; running easterly along shore to a point 35° 21.5002' N - 76° 22.1112' W; running southerly to shore to a point 35° 20.6851' N - 76° 22.0524' W; running westerly along shore to a point 35° 20.5390' N - 76° 22.7790' W; running northerly to the beginning point.

(5)           Rose Bay - beginning on shore south of Swan Point at a point 35° 23.9650' N - 76° 23.5530' W; running southeasterly along shore to a point 35° 23.5060' N - 76° 23.2090' W; running westerly to a point 35° 23.3166' N - 76° 24.0666' W; running northwesterly to a point 35° 24.0500' N - 76° 24.5500' W; running easterly to the beginning point.

(6)           Spencer Bay - beginning on Roos Point at a point 35° 22.3590' N - 76° 28.1850' W; running northeasterly to a point 35° 22.9500' N - 76° 27.2166' W; running northwesterly to a point 35° 23.4166' N - 76° 27.9500' W; running southwesterly to shore to a point 35° 23.0209' N - 76° 28.5060' W; running southeasterly along shore and the primary nursery area line of the unnamed western tributary of Spencer Bay to the beginning point.

(7)           Pamlico River:

(A)          Lee Creek - beginning on shore at a point 35° 22.8779' N - 76° 45.7149' W; running northerly to a point 35° 23.1011' N - 76° 45.7371' W; running easterly along the six foot depth to a point 35° 22.9450' N - 76° 44.8403' W; running southwesterly to shore to a point 35° 22.7667' N - 76° 45.2333' W; running westerly along shore to the beginning point.

(B)          Huddy Gut - beginning on shore at a point 35° 22.5000' N - 76° 44.4500' W; running northerly to a point 35° 22.7166' N - 76° 44.5000' W; running easterly along the six foot depth to a point 35° 22.7170' N - 76° 43.9500' W; running southwesterly to shore to a point 35° 22.4657' N - 76° 44.0536' W; running westerly along shore to the beginning point.

(C)          Indian Island - beginning on shore at the west end of Indian Island at a point 35° 21.6240' N - 76° 39.4090' W; running westerly to a point 35° 21.7667' N - 76° 40.2667' W; running easterly along the six foot depth to a point 35° 21.6107' N - 76° 38.2202' W; running westerly to the east end of Indian Island to a point 35° 21.6100' N - 76° 38.6290' W; running westerly along the northern shore to the beginning point.

(D)          Old Field Point, Goose Creek - beginning on shore at a point 35° 20.2297' N - 76° 37.3456' W; running southeasterly to a point 35° 20.1500' N - 76° 37.1000' W; running southerly along the six foot depth to a point 35° 19.9031' N - 76° 37.2308' W; running westerly to shore to a point 35° 19.9812' N - 76° 37.4917' W; running northerly along shore to the beginning point.

(8)           Big Porpoise Bay - beginning on the north shore at a point 35° 16.0028' N - 76° 29.1708' W; running southerly to Sage Point at a point 35° 15.5930' N - 76° 29.1270' W; running easterly to a point 35° 15.4660' N - 76° 28.6000' W; running northerly to shore to a point 35° 15.8120' N - 76° 28.4270' W; running westerly along shore to the beginning point.

(9)           Middle Bay - beginning on Middle Bay Point at a point 35° 14.8310' N - 76° 28.7500' W; running southerly to Sow Island Point at a point 35° 13.2876' N - 76° 29.5585' W; running westerly along shore to Big Fishing Point at a point 35° 14.0285' N - 76° 29.9336' W; running northerly to Oyster Creek Point at a point 35° 14.6042' N - 76° 29.8544' W; running easterly along shore to the beginning point.

(10)         Jones Bay - beginning on Sow Island Point at a point 35° 13.1811' N - 76° 29.6096' W; running southerly near Marker "3" to a point 35° 12.0250' N - 76° 29.9660' W; running northwesterly to a point 35° 12.8000' N - 76° 30.9666' W; running southwesterly to shore at the east shore of the Little Drum Creek primary nursery area (PNA) line; running westerly along the PNA line to the west shore of the Little Eve Creek PNA; running westerly along shore to a point 35° 12.6000' N - 76° 32.0166' W; running northeasterly to a point 35° 12.8666' N - 76° 31.7500' W; running northwesterly to a point 35° 13.1833' N - 76° 32.1166' W; running northerly to a point 35° 13.6500' N - 76° 31.9000' W; running southeasterly to a point 35° 13.1500' N - 76° 30.8000' W; running northerly to shore at a point 35° 13.4886' N - 76° 30.7785' W; running easterly along shore to the beginning point.

(11)         Bay Point - beginning on Boar Point at a point 35° 12.1450' N - 76° 31.1150' W; running easterly near Marker "5" to a point 35° 12.0250' N - 76° 29.9660' W; running southerly to a point 35° 10.9333' N - 76° 30.1666' W; running westerly to Bay Point to a point 35° 11.0750' N - 76° 31.6080' W; running northerly along shore to the beginning point.

(12)         Bay River:

(A)          Rockhole Bay - beginning on the western shore of Dump Creek at a point 35° 11.6708' N - 76° 33.4359' W; running southerly to a point 35° 11.3833' N - 76° 33.3166' W; running southeasterly along the six foot depth to a point 35° 10.8333' N - 76° 32.1333' W; running northerly to shore at a point 35° 11.1250' N - 76° 32.1340' W; running northwesterly along shore to the southeast shore of the Rockhole Bay PNA line; running northwesterly along the PNA line to the western shore; running westerly along shore to the east shore of PNA line in Dump Creek; running southwesterly along the PNA line to the western shore; running southerly along shore to the beginning point.

(B)          Hogpen Creek - beginning on shore north of Bonner Bay at a point 35° 10.4174' N - 76° 34.7041' W; running northerly to a point 35° 10.7500' N - 76° 34.7333' W; running easterly along the six foot depth to a point southwest of Marker "3" to a point 35° 10.8137' N - 76° 33.5120' W; running southwesterly to shore to a point 35° 10.3195' N - 76° 34.0876' W; running westerly along shore to the beginning point.

(C)          Fisherman Bay - beginning on the western shore of Fisherman Bay at a point 35° 09.2345' N - 76° 33.0199' W; running northwesterly to a point 35° 09.9892' N - 76° 33.2213' W; running easterly along the six foot depth to a point southwest and near Marker "1" to a point 35° 09.7951' N - 76° 32.0099' W; running southwesterly to shore to a point 35° 09.2668' N - 76° 32.3668' W; running westerly along shore to the beginning point.

(13)         Neuse River:

(A)          Swan Creek - beginning at a point on shore south of Maw Bay at a point 35° 08.5760' N - 76° 32.6320' W; running southerly along shore to a point north of Swan Creek to a point 35° 07.3182' N - 76° 33.4620' W; running southeasterly to the six foot depth to a point 35° 07.2524' N - 76° 33.2078' W; running northeasterly along the six foot depth to a point 35° 08.3214' N - 76° 31.9971' W; running westerly to the beginning point.

(B)          Broad Creek - beginning on Tonney Hill Point at a point 35° 05.5505' N - 76° 35.7249' W; running southeasterly along shore and following the primary nursery area line of Cedar Creek; running southerly along shore to a point north of Gum Thicket Creek to a point 35° 04.6741' N - 76° 35.7051' W; running southeasterly to a point 35° 04.5786' N - 76° 35.4808' W; running northerly near Marker "1" to a point 35° 05.4809' N - 76° 34.9734' W; running westerly along the six foot depth near Marker "3" to a point 35° 05.6400' N - 76° 35.6433' W; running southwesterly to the beginning point.

(C)          Gum Thicket Shoal - beginning on shore west of Gum Thicket Creek at a point 35° 04.2169' N - 76° 36.2119' W; running southwesterly along shore to a point 35° 04.0634' N - 76° 36.6548' W; running southerly to a point 35° 03.6833' N - 76° 36.7166' W; running easterly along the six foot depth to a point 35° 03.9166' N - 76° 35.8000' W; running northwesterly to the beginning point.

(D)          Orchard Creek - beginning on the eastern shore at a point 35° 03.6712' N - 76° 37.9040' W and running southwesterly along the Orchard and Old House Creeks primary nursery area line to Cockle Point; running easterly to a point 35° 03.3000' N - 76° 37.8833' W; running northerly to the beginning point.

(E)           Dawson Creek - beginning on the eastern shore of Dawson Creek at a point 34° 59.5800' N - 76° 45.4140' W; running westerly along the bridge to the western shore to a point 34° 59.5920' N - 76° 45.4620' W; running southwesterly along shore to a point 34° 59.0667' N - 76° 45.9000' W; running southeasterly to a point 34° 58.7833' N - 76° 45.6500' W; running northerly along the six foot depth to a point 34° 59.3666' N - 76° 45.3166' W; running northwesterly near Marker "4" to a point 34° 59.4430' N - 76° 45.4521' W; running northerly to the beginning point.

(F)           Pine Cliff Recreation Area - beginning on shore at a point 34° 56.4333' N - 76° 49.5833' W; running easterly along shore to a point 34° 56.3422' N - 76° 49.1158' W; running northeasterly near Marker "2" to a point 34° 56.7650' N - 76° 48.5778' W; running northerly to a point 34° 56.8333' N - 76° 48.6000' W; running southwesterly along the six foot depth to a point 34° 56.6067' N - 76° 49.6190' W; running southerly to the beginning point.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; March 1, 1994; July 1, 1993; September 1, 1991;

Recodified from 15A NCAC 03R .0007 Eff. December 17, 1996;

Amended Eff. April 1, 2014; September 1, 2005; May 1, 1997; April 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0108      MECHANICAL METHODS PROHIBITED TO TAKE OYSTERS

The dredges and mechanical methods prohibited areas to take oysters referenced in 15A NCAC 03K .0204 are delineated in the following Internal Coastal Waters:

(1)           In Roanoke Sound and tributaries, south of a line beginning at a point 35° 55.1461' N – 75° 39.5618' W on Baum Point, running easterly to a point 35° 55.9795' N - 75° 37.2072' W and north and east of a line beginning at a point 35° 50.8315' N - 75° 37.1909' W on the west side of the mouth of Broad Creek, running easterly to a point 35° 51.0097' N - 75° 36.6910' W near Beacon "17", running southerly to a point 35° 48.6145' N - 75° 35.3760' W near Beacon "7", running easterly to a point 35° 49.0348' N - 75° 34.3161' W on Cedar Point.

(2)           In Pamlico Sound and tributaries:

(a)           Outer Banks area, within the area described by a line beginning at a point 35° 46.0638' N - 75° 31.4385' W on the shore of Pea Island; running southwesterly to a point 35° 42.9500' N - 75° 34.1500' W; running southerly to a point 35° 39.3500' N - 75° 34.4000' W; running southeasterly to a point 35° 35.8931' N - 75° 31.1514' W in Chicamacomico Channel near Beacon "ICC"; running southerly to a point 35° 28.5610' N - 75° 31.5825' W on Gull Island; running southerly to a point 35° 22.8671' N - 75° 33.5851' W in Avon Channel near Beacon "1"; running southwesterly to a point 35° 18.9603' N - 75° 36.0817' W in Cape Channel near Beacon "2"; running westerly to a point 35° 16.7588' N - 75° 44.2554' W in Rollinson Channel near Beacon "42RC"; running southwesterly to a point 35° 14.0337' N - 75° 45.9643' W southwest of Oliver Reef near the quick-flashing beacon; running westerly to a point 35° 09.3650' N - 76° 00.6377' W in Big Foot Slough Channel near Beacon "14BF"; running southwesterly to a point 35° 08.4523' N - 76° 02.6651' W in Nine Foot Shoal Channel near Beacon "9"; running westerly to a point 35° 07.1000' N - 76° 06.9000; running southwesterly to a point 35° 01.4985' N - 76° 11.4353' W near Beacon "HL"; running southwesterly to a point 35° 00.2728' N - 76° 12.1903' W near Beacon "2CS"; running southerly to a point 34° 59.4383' N - 76° 12.3541' W in Wainwright Channel immediately east of the northern tip of Wainwright Island; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; running northerly along the shoreline and across the inlets following the COLREGS Demarcation lines to the point of beginning;

(b)           Stumpy Point Bay, north of a line beginning at a point 35° 40.9719' N - 75° 44.4213' W on Drain Point; running westerly to a point 35° 40.6550' N - 75° 45.6869' W on Kazer Point;

(c)           Pains Bay, east of a line beginning at a point 35° 35.0666' N - 75° 51.2000' W on Pains Point, running southerly to a point 35° 34.4666' N – 75° 50.9666' W on Rawls Island; running easterly to a point 35° 34.2309' N - 75° 50.2695' W on the east shore;

(d)           Long Shoal River, north of a line beginning at a point 35° 35.2120' N - 75° 53.2232' W at the 5th Avenue Canal, running easterly to a point 35° 35.0666' N - 75° 51.2000' W on the east shore on Pains Point;

(e)           Wysocking Bay:

(i)            Wysocking Bay, north of a line beginning at a point 35° 25.2741' N - 76° 03.1169' W on Mackey Point, running easterly to a point 35° 25.1189' N - 76° 02.0499' W at the mouth of Lone Tree Creek;

(ii)           Mount Pleasant Bay, west of a line beginning at a point 35° 23.8652' N - 76° 04.1270' W on Browns Island, running southerly to a point 35° 22.9684' N - 76° 03.7129' W on Bensons Point;

(f)            Juniper Bay, north of a line beginning at a point 35° 22.1384' N - 76° 15.5991' W near the Caffee Bay ditch, running easterly to a point 35° 22.0598' N - 76° 15.0095' W on the east shore;

(g)           Swan Quarter Bay:

(i)            Caffee Bay, east of a line beginning at a point 35° 22.1944' N - 76° 19.1722' W on the north shore, running southerly to a point 35° 21.5959' N - 76° 18.3580' W on Drum Point;

(ii)           Oyster Creek, east of a line beginning at a point 35° 23.3278' N - 76° 19.9476' W on the north shore, running southerly to a point 35° 22.7018' N - 76° 19.3773' W on the south shore;

(h)           Rose Bay:

(i)            Rose Bay, north of a line beginning at a point 35° 25.7729' N - 76° 24.5336' W on Island Point, running southeasterly and passing near Beacon "5" to a point 35° 25.1854' N - 76° 23.2333' W on the east shore;

(ii)           Tooleys Creek, west of a line beginning at a point 35° 25.7729' N - 76° 24.5336' W on Island Point, running southwesterly to a point 35° 25.1435' N - 76° 25.1646' W on Ranger Point;

(i)            Spencer Bay:

(i)            Striking Bay, north of a line beginning at a point 35° 23.4106' N - 76° 26.9629' W on Short Point, running easterly to a point 35° 23.3404' N - 76° 26.2491' W on Long Point;

(ii)           Germantown Bay, north of a line beginning at a point 35° 24.0937' N - 76° 27.9348' W; on the west shore, running easterly to a point 35° 23.8598' N - 76° 27.4037' W on the east shore;

(j)            Abel Bay, northeast of a line beginning at a point 35° 23.6463' N - 76° 31.0003' W on the west shore, running southeasterly to a point 35° 22.9353' N - 76° 29.7215' W on the east shore;

(k)           Pungo River, Fortescue Creek, east of a line beginning at a point 35° 25.9213' N - 76° 31.9135' W on Pasture Point; running southerly to a point 35° 25.6012' N - 76° 31.9641' W on Lupton Point;

(l)            Pamlico River:

(i)            North Creek, north of a line beginning at a point 35° 25.3988' N - 76° 40.0455' W on the west shore, running southeasterly to a point 35° 25.1384' N - 76° 39.6712' W on the east shore;

(ii)           Campbell Creek (off of Goose Creek), west of a line beginning at a point 35° 17.3600' N - 76° 37.1096' W on the north shore; running southerly to a point 35° 16.9876' N - 76° 37.0965' W on the south shore;

(iii)          Eastham Creek (off of Goose Creek), east of a line beginning at a point 35° 17.7423' N - 76° 36.5164' W on the north shore; running southeasterly to a point 35° 17.5444' N - 76° 36.3963' W on the south shore;

(iv)          Oyster Creek-Middle Prong, southwest of a line beginning at a point 35° 19.4921' N - 76° 32.2590' W on Cedar Island; running southeasterly to a point 35° 19.1265' N - 76° 31.7226' W on Beard Island Point; and southwest of a line beginning at a point 35° 19.5586' N - 76° 32.8830' W on the west shore, running easterly to a point 35° 19.5490' N - 76° 32.7365' W on the east shore;

(m)          Mouse Harbor, west of a line beginning at a point 35° 18.3915' N - 76° 29.0454' W on Persimmon Tree Point, running southerly to a point 35° 17.1825' N - 76° 28.8713' W on Yaupon Hammock Point;

(n)           Big Porpoise Bay, northwest of a line beginning at a point 35° 15.6993' N - 76° 28.2041' W on Big Porpoise Point, running southwesterly to a point 35° 14.9276' N - 76° 28.8658' W on Middle Bay Point;

(o)           Middle Bay, west of a line beginning at a point 35° 14.8003' N - 76° 29.1923' W on Deep Point, running southerly to a point 35° 13.5419' N - 76° 29.6123' W on Little Fishing Point;

(p)           Jones Bay, west of a line beginning at a point 35° 14.0406' N - 76° 33.3312' W on Drum Creek Point, running southerly to a point 35° 13.3609' N - 76° 33.6539' W on Ditch Creek Point;

(q)           Bay River:

(i)            Gales Creek-Bear Creek, north and west of a line beginning at a point 35° 11.2833' N - 76° 35.9000' W on Sanders Point, running northeasterly to a point 35° 11.9000' N - 76° 34.2833' W on the east shore;

(ii)           Bonner Bay, southeast of a line beginning at a point 35° 09.6281' N - 76° 36.2185' W on the west shore; running northeasterly to a point 35° 10.0888' N - 76° 35.2587' W on Davis Island Point;

(r)            Neuse River:

(i)            Lower Broad Creek, west of a line beginning at a point 35° 05.8314' N - 76° 35.3845' W on the north shore; running southwesterly to a point 35° 05.5505' N - 76° 35.7249' W on the south shore;

(ii)           Greens Creek - north of a line beginning at a point 35° 01.3476' N - 76° 42.1740' W on the west shore of Greens Creek; running northeasterly to a point 35° 01.4899' N - 76° 41.9961' W on the east shore;

(iii)          Dawson Creek, north of a line beginning at a point 34° 59.5920' N - 76° 45.4620' W on the west shore; running southeasterly to a point 34° 59.5800' N – 76° 45.4140' W on the east shore;

(iv)          Clubfoot Creek, south of a line beginning at a point 34° 54.5424' N - 76° 45.7252' W on the west shore, running easterly to a point 34° 54.4853' N - 76° 45.4022' W on the east shore;

(v)           Turnagain Bay, south of a line beginning at a point 34° 59.4065' N - 76° 30.1906' W on the west shore; running easterly to a point 34° 59.5668' N - 76° 29.3557' W on the east shore;

(s)            West Bay:

(i)            Long Bay-Ditch Bay, west of a line beginning at a point 34° 57.9388' N - 76° 27.0781' W on the north shore of Ditch Bay; running southwesterly to a point 34° 57.2120' N - 76° 27.2185' W on the south shore of Ditch Bay; then south of a line running southeasterly to a point 34° 56.7633' N - 76° 26.3927' W on the east shore of Long Bay;

(ii)           West Thorofare Bay, south of a line beginning at a point 34° 57.2199' N - 76° 24.0947' W on the west shore; running easterly to a point 34° 57.4871' N - 76° 23.0737' W on the east shore;

(iii)          Merkle Bay, east of a line beginning at a point 34° 58.2286' N - 76° 22.8374' W on the north shore, running southerly to a point 34° 57.5920' N - 76° 23.0704' W on Merkle Bay Point;

(iv)          North Bay, east of a line beginning at a point 35° 01.8982' N - 76° 21.7135' W on Point of Grass, running southeasterly to a point 35° 01.3320' N - 76° 21.3353' W on Western Point.

(3)           In Core Sound and its tributaries, southwest of a line beginning at a point 35° 00.1000' N - 76° 14.8667' W near Hog Island Reef; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; and in the following waterbodies and their tributaries: Back Bay, the Straits, Back Sound, North River, Newport River, Bogue Sound, and White Oak River.

(4)           In Onslow, Pender, New Hanover, and Brunswick counties.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. July 1, 1993; October 1, 1992; September 1, 1991;

Recodified from 15A NCAC 03R .0008 Eff. December 17, 1996;

Amended Eff. April 1, 2016; October 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15a ncac 03r .0109      TAKING CRABS WITH DREDGES

The area referenced in 15A NCAC 03L .0203 is described by a line beginning near Roanoke Marshes Light at a point 35º 48.6649' N - 75º 42.0503' W; running southwesterly to a point 35º 47.7480' N – 75º 43.9320' W; running southerly to a point 35º 40.9719' N - 75º 44.4213' W on Drain Point; running southerly to a point 35º 37.5234' N - 75º 44.0875' W on Sandy Point; running easterly to a point 35º 36.0000' N - 75º 31.2000' W near Beacon "ICC" at Chicamacomico Channel; running northwesterly to a point 35º 39.3500' N - 75º 34.4000' W in Pamlico Sound; running northerly to a point 35º 42.9500' N - 75º 34.1500' W in Pamlico Sound; running northeasterly to a point 35º 46.0638' N - 75º 31.4385' W on Pea Island; running northwesterly near the Bodie Island Lighthouse to a point 35º 49.1160' N - 75º 33.8100' W; running westerly to the point of beginning.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Recodified from 15A NCAC 3R .0009 Eff. December 17, 1996;

Amended Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15a ncac 03r .0110      CRAB SPAWNING SANCTUARIES

The crab spawning sanctuaries within which the taking of crabs may be restricted or prohibited are described as follows:

(1)           In the Oregon Inlet Area. Beginning at a point on the Atlantic Ocean shore of Bodie Island 35° 47.7054' N ‑ 75° 32.3522' W; running northeasterly to a point in the Atlantic Ocean 35° 47.9833' N ‑ 75° 31.8500' W; running southerly to a point in the ocean 35° 46.3500' N ‑ 75° 30.6666' W; running westerly to a point on the Atlantic Ocean shore at 35° 46.1037' N ‑ 75° 31.2785' W; running northerly along the Atlantic shore of Pea Island to and around South Point and continuing southerly along the shore of Pamlico Sound to a point on the south point of Eagle Nest Bay at 35° 43.7085' N ‑ 75° 30.8009' W; running westerly to a point in Pamlico Sound at 35° 43.7100' N ‑ 75° 32.2113' W; running northerly to a point 35° 47.3992' N ‑ 75° 34.1650' W in Pamlico Sound; running northerly to a point on Bodie Island 35° 48.5740' N – 75° 33.8722' W; running southerly along the shore to and around North Point at Oregon Inlet and then northerly on the Atlantic shore to the point of beginning;

(2)           In the Hatteras Inlet Area. Beginning at a point on the Pamlico Sound shoreline of Hatteras Island 35° 12.0846' N – 75° 43.3514' W; running northwesterly to a point in Pamlico Sound 35° 13.6361' N – 75° 45.4451' W; running southwesterly to a point near Outer Green Island 35° 11.0794' N – 75° 48.4440' W; running southeasterly to a point on the Pamlico Sound shore of Ocracoke Island 35° 10.7004' N – 75° 47.9094' W; running northeasterly along the shoreline to a point on the northeastern tip of Ocracoke Island 35° 11.2340' N – 75° 46.3051' W; running southeasterly to a point in the Atlantic Ocean at 35° 10.6644' N – 75° 44.5221' W; running northeasterly to a point on the ocean shoreline of Hatteras Island 35° 11.7894' N – 75° 43.5946' W; running southwesterly around the tip of Hatteras Island to the point of beginning;

(3)           In the Ocracoke Inlet Area. Beginning at a point on Ocracoke Island 35° 06.2555' N –75° 59.3722' W; running westerly through Shellcastle Island to a point in Pamlico Sound 35° 05.8599' N – 76° 04.3639' W; running southerly to a point on Portsmouth Island 35° 03.7378' N – 76° 04.7850' W; running northeasterly along the shore of Pamlico Sound around the western side of Ocracoke Inlet and southwesterly along the shore of the Atlantic Ocean to a point 35° 03.0500' N – 76° 03.0833' W; running southeasterly offshore to a point in the Atlantic Ocean 35° 02.6333' N ‑ 76° 02.7166' W; running northeasterly to a point in the ocean 35° 03.9666' N ‑ 75° 59.3000' W; running northwesterly to a point on the Atlantic shore of Ocracoke Island 35° 04.7402' N –75° 59.7124' W; running southwesterly along the shore around the eastern side of Ocracoke Inlet and northeasterly along the shore to the point of beginning;

(4)           In the Drum Inlet Area. Beginning at a point on the Core Sound shore of Core Banks 34° 52.81101' N ‑ 76° 17.1780' W; running northwesterly to a point in Core Sound 34° 53.7347' N ‑ 76° 18.0439' W; running southwesterly to a point in Core Sound 34° 50.8286' N ‑ 76° 21.2515' W; running southeasterly to a point on the Core Sound shore of Core Banks 34° 50.1496' N – 76° 20.3924' W; following the shoreline in a northeasterly direction around the western side of Drum Inlet then along the Atlantic Ocean shoreline to a point on Core Banks 34° 50.0049' N ‑ 76° 20.3741' W; running southeasterly to a point in the Atlantic Ocean 34° 49.4995' N – 76° 19.8407' W; running northeasterly to a point in the Atlantic Ocean 34° 52.2167' N ‑ 76° 16.7476' W; running northwesterly to a point on the ocean shore of Core Banks 34° 52.6147' N ‑ 76° 17.0705' W; running southwesterly toward and around the eastern side of Drum Inlet, then in a northeasterly direction along the Core Sound shore of Core Sound to the point of beginning;

(5)           In the Bardens Inlet Area. Beginning at a point on Core Banks near the southern side of Hogpen Bay 34° 40.7047' N ‑ 76°29.6108' W; running westerly to a point near Marker "35" at 34° 40.7071' N ‑ 76° 31.5922' W; running southwesterly to a point on Shackleford Banks 34° 38.9974' N ‑ 76° 32.4858' W; running southeasterly around the eastern end of Shackleford Banks and then northwesterly along the ocean shoreline to a point on shore 34° 38.5608' N – 76° 32.6863' W; running southwesterly through Buoy "4" to Buoy "2" at the end of the Cape Lookout Jetty 34° 37.1272' N – 76° 33.7381' W; running southeasterly to the base of the Cape Lookout Jetty 34° 36.7836' N – 76° 33.1569' W; running northerly to the end of Power Squadron Spit, around Lookout Bight and northerly up Core Banks to the point of beginning.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 1991;

Recodified from 15A NCAC 03R .0010 Eff. December 17, 1996;

Amended Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15a ncac 03r .0111      PURSE SEINES PROHIBITED

(a)  It is unlawful to take menhaden or Atlantic thread herring by the use of a purse seine from the Atlantic Ocean within an area bounded by a line extending from a point near the Bald Head Lighthouse (33° 52.3500' N - 78° 00.3000' W) running southwesterly to a point near Cape Fear River ship channel buoy "9" (33° 51.5500' N – 78° 01.5500' W), then running northwesterly to a point near the foot of the Yaupon Beach Fishing Pier on Oak Island (33° 54.2000' N – 78° 04.9333' W), then following the shoreline easterly to a point near Fort Caswell (33° 53.2166' N – 78° 01.1833' W), then running southeasterly back to the point of origin.

(b)  It is unlawful to take menhaden or Atlantic thread herring by the use of a purse seine from the Atlantic Ocean from May 1 through September 30:

(1)           In that area bounded by a line beginning at a point onshore at the northern boundary of Dare County 36° 13.8536' N ‑ 75° 46.3914'W; running easterly 1.5 miles to a point offshore 36° 13.8536'N ‑ 75° 44.3814' W; running southerly parallel to and 1.5 nautical miles from the ocean beach to a point 1.5 nautical miles offshore the northern town limits of Southern Shores 36° 09.0673' N ‑ 75° 44.2225' W; running westerly to a point onshore at the northern town limits of Southern Shores 36° 09.0673' N ‑ 75° 42.2416' W; and

(2)           In that area bounded by a line beginning at a point at the southern limits of Kitty Hawk 36° 03.3187' N ‑ 75° 40.9503' W; running easterly 1.5 nautical miles to a point offshore 36° 03.3187' N ‑ 75° 38.8029' W; running southerly parallel to and 1.5 nautical miles from the ocean beach to a point 1.5 nautical miles offshore of the rock jetty south of Oregon Inlet 35° 46.4052' N ‑ 75° 29.2379' W; running westerly to a point onshore at the rock jetty south of Oregon Inlet 35° 46.4052' N ‑ 75° 31.5369' W.

(c)  It is unlawful to take menhaden or Atlantic thread herring by the use of a purse seine from the Atlantic Ocean from October 1 through December 31:

(1)           In that area bounded by a line beginning at a point onshore at the northern boundary of Dare County 36° 13.8536' N ‑ 75° 46.3914' W; running easterly 0.5 nautical miles to a point offshore 36° 13.8536' N ‑ 75° 45.6977' W; running southerly parallel to and 0.5 nautical miles off the ocean beach to a point 0.5 nautical miles offshore the northern town limits of Southern Shores 36° 09.0673' N ‑ 75° 43.5514' W; running westerly 0.5 nautical miles to a point onshore at the northern town limits of Southern Shores 36° 09.0673' N ‑ 75° 44.2416' W; and

(2)           In that area bounded by a line beginning at a point at the southern limits of Kitty Hawk 36° 03.3187' N ‑ 75° 40.9503' W; running easterly 0.5 nautical miles to a point offshore 36° 03.3187' N ‑ 75° 40.2033' W; running southerly parallel to and 0.5 nautical mile off the ocean beach to a point offshore the rock jetty south of Oregon Inlet 35° 46.4052' N ‑ 75° 30.6134' W; running westerly to a point onshore at the rock jetty south of Oregon Inlet 35° 46.4052' N ‑ 75° 31.5369' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 1993;

Recodified from 15A NCAC 03R .0011 Eff. December 17, 1996;

Amended Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0112      ATTENDED GILL NET AREAS

(a)  The attended gill net areas referenced in 15A NCAC 03J .0103(g) are delineated in the following areas:

(1)           Pamlico River, west of a line beginning at a point 35° 27.5768' N - 76° 54.3612' W on Ragged Point; running southwesterly to a point 35° 26.9176' N - 76° 55.5253' W on Mauls Point;

(2)           Within 200 yards of any shoreline in Pamlico River and its tributaries east of a line beginning at a point 35° 27.5768' N - 76° 54.3612' W on Ragged Point; running southwesterly to a point 35° 26.9176' N - 76° 55.5253' W on Mauls Point; and west of a line beginning at a point 35° 22.3622' N - 76° 28.2032' W on Roos Point; running southerly to a point at 35° 18.5906' N - 76° 28.9530' W on Pamlico Point;

(3)           Pungo River, east of the northern portion of the Pantego Creek breakwater and a line beginning at a point 35° 31.7198' N - 76° 36.9195' W on the northern side of the breakwater near Tooleys Point; running southeasterly to a point 35° 30.5312' N - 76° 35.1594' W on Durants Point;

(4)           Within 200 yards of any shoreline in Pungo River and its tributaries west of the northern portion of the Pantego Creek breakwater and a line beginning at a point 35° 31.7198' N - 76° 36.9195' W on the northern side of the breakwater near Tooleys Point; running southeasterly to a point 35° 30.5312' N - 76° 35.1594' W on Durants Point; and west of a line beginning at a point 35° 22.3622' N - 76° 28.2032' W on Roos Point; running southerly to a point at 35° 18.5906' N - 76° 28.9530' W on Pamlico Point;

(5)           Neuse River and its tributaries northwest of the Highway 17 highrise bridge;

(6)           Trent River and its tributaries; and

(7)           Within 200 yards of any shoreline in Neuse River and its tributaries east of the Highway 17 highrise bridge and south and west of a line beginning on Maw Point at a point 35° 09.0407' N - 76° 32.2348' W; running southeasterly near the Maw Point Shoal Marker "2" to a point 35° 08.1250' N - 76° 30.8532' W; running southeasterly near the Neuse River Entrance Marker "NR" to a point 35° 06.6212' N - 76° 28.5383' W; running southerly to a point 35° 04.4833' N - 76° 28.0000' W near Point of Marsh in Neuse River.  In Core and Clubfoot creeks, the Highway 101 Bridge constitutes the attendance boundary.

(b)  The attended gill net areas referenced in 15A NCAC 03J .0103(h) are delineated in the following Internal Coastal Waters and Joint Fishing Waters of the state south of a line beginning on Roanoke Marshes Point at a point 35° 48.3693' N - 75° 43.7232' W; running southeasterly to a point 35° 44.1710' N - 75° 31.0520' W on Eagles Nest Bay to the South Carolina State line:

(1)           All primary nursery areas described in 15A NCAC 03R .0103, all permanent secondary nursery areas described in 15A NCAC 03R .0104, and no-trawl areas described in 15A NCAC 03R .0106(2), (4), (5), (8), (10), (11), and (12);

(2)           In the area along the Outer Banks, beginning at a point 35° 44.1710' N - 75° 31.0520' W on Eagles Nest Bay; running northwesterly to a point 35° 45.1833' N - 75° 34.1000' W west of Pea Island; running southerly to a point 35° 40.0000' N - 75° 32.8666' W west of Beach Slough; running southeasterly and passing near Beacon "2" in Chicamicomico Channel to a point 35° 35.0000' N - 75° 29.8833' W west of the Rodanthe Pier; running southwesterly to a point 35° 28.4500' N - 75° 31.3500' W on Gull Island; running southerly to a point 35° 22.3000' N - 75° 33.2000' W near Beacon "2" in Avon Channel ; running southwesterly to a point 35° 19.0333' N - 75° 36.3166' W near Beacon "2" in Cape Channel; running southwesterly to a point 35° 15.5000' N - 75° 43.4000' W near Beacon "36" in Rollinson Channel; running southeasterly to a point 35° 14.9386' N - 75° 42.9968' W near Beacon "35" in Rollinson Channel; running southwesterly to a point 35° 14.0377' N - 75° 45.9644' W near a "Danger" Beacon northwest of Austin Reef; running southwesterly to a point 35° 11.4833' N - 75° 51.0833' W on Legged Lump; running southeasterly to a point 35° 10.9666' N - 75° 49.7166' W south of Legged Lump; running southwesterly to a point 35° 09.3000' N - 75° 54.8166' W near the west end of Clarks Reef; running westerly to a point 35° 08.4333' N - 76° 02.5000' W near Nine Foot Shoal Channel; running southerly to a point 35° 06.4000' N - 76° 04.3333' W near North Rock; running southwesterly to a point 35° 01.5833' N - 76° 11.4500' W near Beacon "HL"; running southerly to a point 35° 00.2666' N - 76° 12.2000' W; running southerly to a point 34° 59.4664' N - 76° 12.4859' W on Wainwright Island; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; running northerly along the shoreline and across the inlets following the COLREGS Demarcation Line to the point of beginning;

(3)           In Core and Back sounds, beginning at a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; running northwesterly to a point 34° 59.4664' N - 76° 12.4859' W on Wainwright Island; running southerly to a point 34° 58.8000' N - 76° 12.5166' W; running southeasterly to a point 34° 58.1833' N - 76° 12.3000' W; running southwesterly to a point 34° 56.4833' N - 76° 13.2833' W; running westerly to a point 34° 56.5500' N - 76° 13.6166' W; running southwesterly to a point 34° 53.5500' N - 76° 16.4166' W; running northwesterly to a point 34° 53.9166' N - 76° 17.1166' W; running southerly to a point 34° 53.4166' N - 76° 17.3500' W; running southwesterly to a point 34° 51.0617' N - 76° 21.0449' W; running southwesterly to a point 34° 48.3137' N - 76° 24.3717' W; running southwesterly to a point 34° 46.3739' N - 76° 26.1526' W; running southwesterly to a point 34° 44.5795' N - 76° 27.5136' W; running southwesterly to a point 34° 43.4895' N - 76° 28.9411' W near Beacon "37A"; running southwesterly to a point 34° 40.4500' N - 76° 30.6833' W; running westerly to a point 34° 40.7061' N - 76° 31.5893' W near Beacon "35" in Back Sound; running westerly to a point 34° 41.3178' N -76° 33.8092' W near Buoy "3"; running southwesterly to a point 34° 39.6601' N - 76° 34.4078' W on Shackleford Banks; running easterly and northeasterly along the shoreline and across the inlets following the COLREGS Demarcation lines to the point of beginning;

(4)           Within 200 yards of any shoreline in the area upstream of the 76° 28.0000' W longitude line beginning at a point 35° 22.3752' N - 76° 28.0000' W near Roos Point in Pamlico River; running southeasterly to a point 35° 04.4833' N - 76° 28.0000' W near Point of Marsh in Neuse River; and

(5)           Within 50 yards of any shoreline east of the 76° 28.0000' W longitude line beginning at a point 35° 22.3752' N - 76° 28.0000' W near Roos Point in Pamlico River; running southeasterly to a point 35° 04.4833' N - 76° 28.0000' W near Point of Marsh in Neuse River, except from October 1 through November 30, south and east of Highway 12 in Carteret County and south of a line from a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point at 34° 58.7853' N - 76° 09.8922' W on Core Banks; to the South Carolina State Line.

 

History Note:        Authority G.S. 113-134; 113-173; 113-182; 113-221; 143B-289.52;

Eff. August 1, 2004;

Amended Eff. April 1, 2016; June 1, 2013; April 1, 2011; April 1, 2009.

 

15A NCAC 03R .0113      POUND NET SET PROHIBITED AREAS

The pound net set prohibited areas referenced in 15A NCAC 03J .0502 are delineated in the following coastal water areas of Core Sound:

(1)           The area described by a line beginning at a point 34° 58.9130' N - 76° 15.0878' W on the shoreline north of Great Ditch; running southwesterly to a point 34° 58.6399' N - 76° 15.3694' W on the south shore of Great Ditch; following the shoreline to a point 34° 58.4957' N - 76° 15.8093' W on Hog Island Point; running southwesterly to a point 34° 58.2318' N - 76° 16.0913' W near Marker "3"; running southeasterly to a point 34° 58.0773' N - 76° 15.6134' W near Beacon "2"; running southeasterly to a point 34° 57.3120' N - 76° 13.7113' W near Beacon "13"; running northeasterly to a point 34° 58.5157' N - 76° 13.2389' W near Beacon "11"; running northwesterly to the point of beginning;

(2)           The area described by a line beginning in Cedar Island Bay at a point 34° 58.2318' N - 76° 16.0913' W near Marker "3"; running southwesterly to a point 34° 57.4914' N - 76° 16.5861' W on Cedar Island Point; running southeasterly to a point 34° 56.3436' N - 76° 15.6069' W near Beacon "18"; running northerly to a point 34° 58.0773' N - 76° 15.6134' W near Beacon "2"; running northwesterly to the point of beginning; and

(3)           The area described by a line beginning on the north shore of Lewis Creek at a point 34° 56.9654' N - 76° 16.7395' W; running easterly to a point 34° 56.3436' N - 76° 15.6069' W near Beacon "18"; running southwesterly to a point 34° 54.9904' N - 76° 16.5888' W near Beacon "19"; running southwesterly following the six foot contour to a point 34° 53.7599' N - 76° 18.1613' W; running southwesterly to a point 34° 50.6266' N - 76° 22.0449' W near Beacon "27"; running westerly to a point 34° 50.5496' N - 76° 22.9284' W near Beacon "28"; running southwesterly to a point 34° 49.1889' N - 76° 24.2010' W near Beacon "29"; running westerly to a point 34° 48.9514' N - 76° 24.8780' W near Beacon "31"; running southwesterly to a point 34° 45.0942' N - 76° 27.9533' W near Beacon "35"; running southwesterly to a point 34° 43.4896' N - 76° 28.9411' W near Beacon "37A"; running westerly to a point 34° 43.7782' N - 76° 30.0187' W on Bells Point; running northerly along the shoreline of Bells Island to a point 34° 44.2190' N - 76° 30.1336' W; running northerly to a point 34° 44.2568' N - 76° 30.1419' W; running northerly along the shoreline to a point 34° 44.6759' N - 76° 30.1712' W; running northeasterly to a point 34° 45.2824' N - 76° 29.1636' W on Davis Island; running northeasterly to a point 34° 45.8196' N - 76° 28.7530' W on the north side of Spit Bay; running northeasterly along the shoreline to a point 34° 48.7982' N - 76° 26.9741' W on the south shore of Oyster Creek; running northeasterly to a point 34° 48.9701' N - 76° 26.6299' W on the north shore of Oyster Creek; running northeasterly along the shoreline to a point 34° 50.4311' N - 76° 24.9934' W on the south shore of Fulcher Creek; running northeasterly to point 34° 50.4911' N - 76° 24.9540' W on the north shore of Fulcher Creek; running northeasterly along the shoreline to a point 34° 50.9934' N - 76° 24.7727' W on the south shore of Willis Creek; running northeasterly to a point 34° 51.1866' N - 76° 24.5416' W on the south shore of Nelson Bay; running easterly to a point 34° 51.4437' N - 76° 23.6151' W on Drum Point; running easterly along the shoreline to a point 34° 51.4462' N - 76° 22.9669' W at Mill Point; running northeasterly to a point 34° 52.4143' N - 76° 20.8557' W on Steep Point; running northeasterly along the shoreline to a point 34° 54.3782' N - 76° 18.8575' W on Hall Point; running northeasterly to a point 34° 55.4257' N - 76° 17.8541' W on Lookout Point; running northeasterly along the shoreline to a point 34° 55.7679' N - 76° 17.7021' W on the south shore of Rumley Bay; running northeasterly to a point 34° 56.2513' N - 76° 17.1858' W on the north shore of Rumley Bay; running northeasterly along the shoreline to the point of beginning.

 

History Note:        Authority G.S. 113‑134; 113‑181; 113‑182; 143B‑289.52;

Eff. August 1, 2004;

Amended Eff. April 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0114      SHRIMP TRAWL PROHIBITED AREAS

The shrimp trawl prohibited areas referenced in 15A NCAC 03L .0103(e) are delineated in the following Internal Coastal Waters:

(1)           Pungo River - all waters upstream of a line from a point 35° 23.3166' N - 76° 34.4833' W at Wades Point; running easterly to a point 35° 23.6463' N - 76° 31.0003' W on the north shore of the entrance to Abels Bay.

(2)           Pamlico River - all waters upstream of a line from a point 35° 20.5108' N - 76° 37.7218' W on the western shore of the entrance to Goose Creek; running northeasterly to a point 35° 23.3166' N - 76° 34.4833' W at Wades Point.

(3)           Neuse River - all waters upstream of a line from a point 34° 56.3658' N - 76° 48.7110' W at Cherry Point; running northerly to a point 34° 57.9116' N - 76° 48.2240' W at Wilkinson Point.

(4)           Shallotte River - all waters upstream of a line beginning at a point 33° 54.8285' N - 78° 22.3657' W on the west side of Shallotte River; running southeasterly to a point 33° 54.6276' N - 78° 21.7882' W on the east side of the river.

(5)           Eastern Channel - all waters of Eastern Channel east and north of a line beginning at a point 33° 52.6734' N - 78° 28.7339' W at Jinks Creek; running southerly to a point 33° 52.5942' N - 78° 28.6759' W at Tubbs Inlet; and south and west of a line beginning at a point 33° 53.6266' N - 78° 26.6262' W; running easterly to a point 33° 53.6501' N - 78° 26.5635' W.

(6)           Sunset Beach - all waters of the Intracoastal Waterway west of a line beginning at a point 33° 52.9247' N - 78° 30.7041' W on the north end of the Highway 1172 Bridge; running southerly to a point 33° 52.8417' N - 78° 30.6490' W at the south end of the bridge.

(7)           Calabash River - all waters west of a line beginning at a point 33° 53.4368' N - 78° 32.9720' W on the north end of the Highway 1164 Bridge; running southerly to a point 33° 53.3534' N - 78° 32.9720' W at the south end of the bridge.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. July 1, 2006;

Amended Eff. May 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0115      ANADROMOUS FISH SPAWNING AREAS

The anadromous fish spawning areas as defined in 15A NCAC 03I .0101 and referenced in 15A NCAC 03N .0106 are delineated in the following Internal Coastal Waters:

(1)           Currituck Sound Area:

(a)           Northwest River - all waters of the Northwest River and its tributaries east of a line beginning on the north shore at a point 36º 30.8374' N - 76º 04.8770' W; running southerly to the south shore to a point 36º 30.7061' N - 76º 04.8916' W.

(b)           Tull Bay/Tull Creek - all waters of Tull Bay and its tributaries northeast of a line beginning on the north shore at a point 36º 30.0991' N - 76º 04.8587' W; running southeasterly to the south shore to a point 36º 29.9599' N - 76º 04.7126' W; and south of a line beginning on the west shore at a point 36º 30.9867' N - 76º 02.5868' W; running easterly to the east shore to a point 36º 31.0045' N - 76º 02.3780' W; and west of a line beginning on the north shore at a point 36º 30.8291' N - 76º 02.1329' W; running southwesterly to the south shore to a point 36º 30.1512' N - 76º 02.4982' W.

(2)           Albemarle Sound Area:

(a)           Big Flatty Creek - all waters of Big Flatty Creek and its tributaries east of a line beginning on the north shore at a point 36º 09.3267' N - 76º 08.2562' W; running southerly to the south shore to a point 36º 08.9730' N - 76º 08.3175' W; and north of a line beginning on the west shore at a point 36º 07.9621' N - 76º 07.1818' W; running easterly to the east shore to a point 36º 08.2706' N - 76º 06.2525' W.

(b)           Batchelor Bay - west of a line beginning on the north shore at a point 35º 58.2070' N - 76º 42.7267' W; running southeasterly to the south shore to a point 35º 56.5622' N - 76º 41.5506' W.

(c)           Bull Bay - southwest of a line beginning on the northwest shore at a point 35º 58.9002' N - 76º 23.9965' W; running southeasterly to the southeast shore at a point 35º 56.7198' N - 76º 18.8964' W.

(3)           North River - all waters of the North River and its tributaries east of a line beginning on the north shore at a point 36º 18.7703' N - 75º 58.7384' W; running southerly to the south shore to a point 36º 18.4130' N - 75º 58.7228' W; and north of a line beginning on the west shore at a point 36º 16.9952' N - 75º 57.0758' W; running easterly to the east shore to a point 36º 16.9801' N - 75º 56.6820' W.

(4)           Pasquotank River - all waters of the Pasquotank River and its tributaries south of a line beginning on the west shore at a point 36º 18.0768' N - 76º 13.0979' W; running easterly to the east shore along the south side of the Highway 158 Bridge to a point 36º 18.0594' N - 76º 12.9620' W; and northwest of a line beginning on the northeast shore at a point 36º 14.3294' N - 76º 04.7866' W; running southwesterly to the southwest shore to a point 36º 12.8147' N - 76º 07.0465' W.

(5)           Pasquotank River Area:

(a)           Charles Creek - north of a line beginning on the west shore at a point 36º 17.8090' N - 76º 13.0732' W; running easterly to the east shore to a point 36º 17.8024' N - 76º 13.0407' W.

(b)           New Begun Creek - east of a line beginning on the north shore at a point 36º 13.3298' N - 76º 08.2878' W; running southerly to the south shore to a point 36º 13.0286' N - 76º 08.1820' W.

(6)           Little River - all waters of the Little River and its tributaries southeast of a line beginning on the west shore at a point 36º 12.5237' N - 76º 16.9418' W; running southeasterly to the east shore to a point 36º 12.2950' N - 76º 17.1405' W; and north of a line beginning on the west shore at a point 36º 09.6537' N - 76º 15.0689' W; running northeast to the east shore to a point 36º 10.2112' N - 76º 14.0287' W.

(7)           Perquimans River - all waters of the Perquimans River and its tributaries northeast of a line beginning on the west shore at a point 36º 11.6569' N - 76º 28.0055' W; running southeasterly to the east shore to a point 36º 11.6123' N - 76º 27.9382' W; and northwest of a line beginning on the southwest shore at a point 36º 11.1512' N - 76º 27.4424' W; running northeasterly to the northeast shore to a point 36º 11.5124' N - 76º 26.7298' W.

(8)           Perquimans River Area:

(a)           Walter's Creek - northeast of a line beginning on the north shore at a point 36º 11.1305' N - 76º 27.9185' W; running southeasterly to the south shore to a point 36º 11.0224' N - 76º 27.6626' W.

(b)           Mill Creek - south of a line beginning on the west shore at a point 36º 11.9766' N - 76º 27.2511' W; running easterly to the east shore to a point 36º 11.9757' N - 76º 27.5752' W.

(9)           Yeopim River - all waters of the Yeopim River and its tributaries east of a line beginning on the north shore at a point 36º 05.4526' N - 76º 27.7651' W; running southerly to the south shore to a point on Norcum Point 36º 05.1029' N - 76º 27.7120' W; and west of a line beginning on the north shore at a point 36º 04.7426' N - 76º 24.2537' W; running southwesterly to the south shore to a point 36º 04.1137' N - 76º 24.5366' W.

(10)         Yeopim River Area, Yeopim Creek - south of a line beginning on the west shore at a point 36º 04.7206' N - 76º 24.8396' W; running easterly to the east shore to a point 36º 04.7426' N - 76º 24.2536' W.

(11)         Edenton Bay - all waters of Edenton Bay and its tributaries west of a line beginning on the north shore at a point 36º 03.3757' N - 76º 36.3629' W; running southerly to the south shore to a point 36º 03.3551' N - 76º 36.3574' W; and north of a line beginning on the west shore at a point 36º 02.1767' N - 76º 38.4058' W; running easterly to the east shore to a point 36º 02.0299' N - 76º 36.0445' W; and east of a line beginning on the west shore at a point 36º 03.2819' N - 76º 37.0138' W; running northeasterly to the east shore to a point 36º 03.4185' N - 76º 36.6783' W.

(12)         Chowan River - all waters of the Chowan River and tributaries northwest of a line beginning on the west shore at a point 36º 02.3162' N - 76º 42.4896' W; running northeasterly to the east shore to a point 36º 03.1013' N - 76º 40.8732' W; and south of a line beginning on the west shore at a point 36º 32.6293' N - 76º 55.3564' W; and running to the east shore to a point 36º 32.6284' N - 76º 55.1757' W.

(13)         Chowan River Area, Meherrin River - all waters of the Meherrin River and tributaries west of a line beginning on the north shore at a point 36º 25.9937' N - 76º 56.8884' W; running southerly to the south shore to a point 36º 25.7926' N - 76º 56.8966' W; and south of a line beginning on the west shore at a point 36º 32.7867' N - 77º 09.8885' W; running easterly to the east shore to a point 36º 32.7807' N - 77º 09.8565' W.

(14)         Cashie River - all waters of the Cashie River and tributaries east of a line beginning on the north shore at a point 35º 54.7865' N - 76º 49.0521' W; running southerly to the south shore at a point 35º 54.6691' N - 76º 49.0553' W; west of a line beginning on the west shore at a point 35º 56.2934' N - 76º 44.1769' W; running easterly to the north shore to a point on the north shore of an island in the mouth of the river 35º 56.2250' N - 76º 43.9265' W; west of a line beginning on the south shore at a point of an island in the mouth of the river 35º 56.1254' N - 76º 43.9846' W; running southerly to the south shore to a point 35º 56.0650' N - 76º 43.9599' W.

(15)         Middle River - all waters of the Middle River southwest of a line beginning on the west shore at a point 35º 55.4000' N - 76º 43.8259' W; running southeasterly to the east shore to a point 35º 55.3977' N - 76º 43.6797' W.

(16)         Eastmost River - all waters of the Eastmost River and its tributaries south of a line beginning on the west shore at a point 35º 56.5024' N - 76º 42.4877' W; running westerly to the east shore to a point 35º 56.4070' N - 76º 42.7647' W.

(17)         Roanoke River - all waters of the Roanoke River and tributaries south of a line beginning on the west shore at a point 35º 56.5068' N - 76º 41.8858' W; running easterly to the east shore to a point 35º 56.5324' N - 76º 41.5896' W; and southeast of a line beginning on the west shore at a point 36º 12.5264' N - 77º 23.0223' W; running northeasterly to the east shore along the south side of the Highway 258 Bridge to a point 36º 12.5674' N - 77º 22.9724' W.

(18)         Roanoke River Area:

(a)           Warren Neck Creek - all waters of Warren Neck Creek and its tributaries west of a line beginning on the northwest shore at a point 35º 52.1820' N - 76º 47.4855' W; running southerly to the southeast shore to a point 35º 52.1448' N - 76º 47.4237' W.

(b)           Thoroughfare - all waters of the Thoroughfare south of a line beginning on the west shore at a point 35º 54.0510' N - 76º 48.1206' W; running easterly to the east shore to a point 35º 54.0684' N - 76º 48.0613' W; and north of a line beginning on the west shore at a point 35º 53.2842' N - 76º 48.8650' W; running easterly to the east shore to a point 35º 55.2800' N - 76º 48.8077' W.

(c)           Devils Gut - all waters of Devils Gut and its tributaries northwest of a line beginning on the west shore at a point 35º 49.5300' N - 76º 54.2209' W; running easterly to the east shore to a point 35º 49.5486' N - 76º 54.1703' W.

(d)           Conine Creek - all waters of Conine Creek and its tributaries west of a line beginning on the north shore at a point 35º 52.9752' N - 76º 58.0474' W; running southwesterly to the south shore to a point 35º 52.9776' N - 76º 57.9958' W.

(19)         Scuppernong River - all waters of the Scuppernong River and tributaries southeast of a line beginning on the northeast shore at a point 35º 56.7196' N - 76º 18.8964' W; running southwesterly to the southwest shore to a point 35º 56.3351' N - 76º 19.6609' W; and north of a line beginning on the west shore at a point 35º 54.0158' N - 76º 15.4605' W; running easterly to the east shore to a point 35º 54.0406' N - 76º 15.3007' W.

(20)         Alligator River - all waters of the Alligator River and tributaries east of a line beginning on the north shore at Cherry Ridge Landing at a point 35º 42.2172' N - 76º 08.4686' W; running southerly to the south shore to a point 35º 42.1327' N - 76º 08.5002' W; and south of a line beginning on the west shore at a point 35º 57.4252' N - 76º 00.8704' W; running easterly to the east shore to a point 35º 57.5494' N - 75º 56.8268' W.

(21)         Alligator River Area, the Frying Pan - all waters of the Frying Pan and its tributaries west of a line beginning on the north shore at a point 35º 46.0777' N - 76º 03.3439' W; running southerly to the south shore to a point 35º 45.6011' N - 76º 03.3692' W.

(22)         Neuse River - all waters of the Neuse River and its tributaries northwest of a line beginning on the west shore at a point 35° 08.8723' N - 77° 04.6700' W; running northeasterly to the east shore to a point 35° 09.1032' N - 77° 04.3355' W; and southeast of a line at Pitch Kettle Creek beginning on the north shore at a point 35° 16.9793' N - 77° 15.5529' W; running south to the south shore to a point 35° 16.9237' N - 77° 15.5461' W.

(23)         Neuse River Area:

(a)           Smith Creek - north of a line beginning on the west shore at a point 35° 02.2439' N - 76° 42.3035' W; running easterly to the east shore to a point 35° 02.2392' N - 76° 42.1910' W.

(b)           Kershaw Creek - north of a line beginning on the west shore at a point 35° 02.4197' N - 76° 43.7886' W; running easterly to the east shore to a point 35° 02.4218' N - 76° 43.7367' W.

(24)         White Oak River - all waters north of a line beginning at a point on the west shore 34° 46.0728' N - 77° 08.9657' W; running easterly to a point on the east shore 34° 46.1431' N - 77° 08.8907' W; running north to the Coastal - Inland Fishing Waters boundary line beginning at a point on the west shore 34° 48.1466' N - 77° 11.4711' W; running northeasterly to a point on the east shore 34° 48.1620' N - 77° 11.4244' W.

(25)         Cape Fear River - all waters north of a line beginning at a point on the west shore 34° 07.7034' N - 77° 57.3431' W; running easterly to a point on the east shore 34° 08.0518' N - 77° 55.7626' W; running north to the Joint - Inland Fishing Waters boundary on the following rivers:

(a)           Cape Fear River - at a line beginning at a point on the west shore 34° 24.2628' N - 78° 17.6390' W; running northeasterly along the Lock and Dam No. 1 to a point on the east shore 34° 24.2958' N - 78° 17.5634' W.

(b)           Black River - at a line beginning at a point on the north shore 34° 22.0783' N - 78° 04.4123' W; running southeasterly to a point on the south shore 34° 21.9950' N - 78° 04.2864' W.

(c)           Northeast Cape Fear River - at a line beginning at a point on the west side 34° 26.5658' N - 77° 50.0871' W; running northeasterly along the southern side of the Highway 210 Bridge to a point on the east side 34° 26.6065' N - 77° 49.9955' W.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. December 1, 2007;

Amended Eff. May 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0116      DESIGNATED SEED OYSTER MANAGEMENT AREAS

The Seed Oyster Management Areas referenced in 15A NCAC 03K .0208 are delineated in the following coastal water areas:

(1)           Croatan Sound and tributaries: Cedar Bush Bay Seed Oyster Management Area, within the area described by a line beginning at a point 35° 50.0383' N - 75° 40.0712' W; running easterly to a point 35° 50.2328' N - 75° 39.4930' W; running southeasterly to a point 35° 49.3831' N - 75° 39.1521' W; running southwesterly to a point 35° 48.8000' N - 75° 39.5000' W; running westerly to a point 35° 48.6333' N - 75° 40.7000' W; running northerly to a point 35° 49.7000' N - 75° 40.6333' W; running northeasterly back to the point of beginning;

(2)           Croatan and Roanoke sounds and tributaries: Wanchese Marshes Seed Oyster Management Area, within an area described by a line beginning at a point 35° 49.0000' N - 75° 38.3000' W; running northerly to a point 35° 49.2243' N - 75° 38.3000' W; running easterly to a point 35° 49.0806' N - 75° 37.5293' W; running easterly to a point 35° 49.2893' N - 75° 37.0335' W; running northeasterly to a point 35° 49.5541' N - 75° 36.9715' W; running southerly to a point 35° 49.0000' N - 75° 36.5500' W; running southwesterly to a point 35° 48.1500' N - 75° 36.9500' W; running westerly to a point 35° 48.1000' N - 75° 37.6333' W; running northwesterly to the point of beginning;

(3)           Pamlico Sound and tributaries: Bay River Seed Oyster Management Area, within an area described by a line beginning at a point 35° 10.7670' N - 76° 36.7000' W off Spencer Point; running southeasterly to a point 35° 10.5330' N - 76° 36.4670' W; running westerly to a point 35° 10.4670' N - 76° 36.6500' W; running northwesterly to a point 35° 10.8000' N - 76° 36.9170' W, running easterly to the point of beginning;

(4)           White Oak River: White Oak River Seed Oyster Management Area, within an area described by a line beginning at a point 34° 43.0774' N - 77° 06.8610' W on the White Oak River/Stevens Creek polluted area line; running northeasterly to a point 34° 43.4006' N - 77° 06.1293' W on the east shore; running southerly along the shoreline to a point 34° 43.0755' N - 77° 06.1187' W; running southwesterly to a point 34° 42.8800' N - 77° 06.7975' W on the White Oak River/Stevens Creek polluted area line; running northerly to the point of beginning;

(5)           New River area:

(a)           Possum Bay Seed Oyster Management Area, within an area described by a line beginning at a point 34° 32.1256' N - 77° 21.3781' W; running northeasterly to a point 34° 32.2773' N - 77° 21.1194' W; running northwesterly to a point 34° 32.3365' N - 77° 21.1720' W; running southwesterly to a point 34° 32.2068' N - 77° 21.3958' W; running south to the point of beginning; and

(b)           Swan Point Seed Oyster Management Area, within an area described by a line beginning at a point 34° 32.9488' N - 77° 21.6843' W; running southerly to a point 34° 32.9040' N - 77° 21.6704' W; running northeasterly to a point 34° 33.0376' N - 77° 21.5339' W; running northwesterly to a point 34° 33.0693' N - 77° 21.5923' W; running southwesterly to the point of beginning; and

(6)           Topsail Sound and tributaries:

(a)           Virginia Creek Seed Oyster Management Area, within an area described by a line beginning at a point 34° 25.4620' N - 77º 36.0074' W on the north shore; running southerly to a point 34° 25.1346' N - 77° 36.0640' W on the south shore; running easterly and southerly along the shoreline to a point 34° 24.9438' N - 77° 35.5325' W on Sloop Point; running northeasterly to a point 34° 25.0988' N - 77° 35.2920' W on the north shore; running northwesterly along the shoreline to the point of beginning; and

(b)           Topsail Sound Seed Oyster Management Area, within an area described by a line beginning at a point 34° 24.6555' N - 77° 35.6012' W across the IWW from Sloop Point; running southeasterly to a point 34° 24.3677' N - 77° 35.2015' W; running northeasterly to a point 34° 24.5260' N - 77° 35.1070' W; running northwesterly to a point 34° 24.8690' N - 77° 35.2872' W; running southwesterly to the point of beginning.

 

History Note:        Authority G.S. 113-134; 113-182; 113-203; 143B-289.52;

Eff. October 1, 2008;

Amended Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0117      OYSTER SANCTUARIES

The Oyster Sanctuaries referenced in 15A NCAC 03K .0209 are delineated in the following coastal water areas:

(1)           Croatan Sound area: within the area described by a line beginning at a point 35° 48.2842' N - 75° 38.3360' W; running southerly to a point 35° 48.1918' N - 75° 38.3360' W; running westerly to a point 35° 48.1918' N - 75° 38.4575' W; running northerly to a point 35° 48.2842' N - 75° 38.4575' W; running easterly to the point of beginning.

(2)           Pamlico Sound area:

(a)           Crab Hole: within the area described by a line beginning at a point 35° 43.6833' N - 75° 40.5083' W; running southerly to a point 35° 43.5000' N - 75° 40.5083' W; running westerly to a point 35° 43.5000' N - 75° 40.7500' W; running northerly to a point 35° 43.6833' N - 75° 40.7500' W; running easterly to the point of beginning.

(b)           Gibbs Shoal: within the area described by a line beginning at a point 35° 27.3220' N - 75° 55.9590' W; running southerly to a point 35° 27.1340' N - 75° 55.9590' W; running westerly to a point 35° 27.1340' N - 75° 56.1900' W; running northerly to a point 35° 27.3220' N - 75° 56.1900' W; running easterly to the point of beginning.

(c)           Deep Bay: within the area described by a line beginning at a point 35° 22.9126' N - 76° 22.1612' W; running southerly to a point 35° 22.7717' N - 76° 22.1612' W; running westerly to a point 35° 22.7717' N - 76° 22.3377' W; running northerly to a point 35° 22.9126' N - 76° 22.3377' W; running easterly to the point of beginning.

(d)           West Bluff: within the area described by a line beginning at a point 35° 18.3000' N - 76° 10.0890' W; running southerly to a point 35° 18.1460' N - 76° 10.0890' W; running westerly to a point 35° 18.1460' N - 76° 10.2760' W; running northerly to a point 35° 18.3000' N - 76° 10.2760' W; running easterly to the point of beginning.

(e)           Clam Shoal: within the area described by a line beginning at a point 35° 17.4800' N - 75° 37.1800' W; running southerly to a point 35° 17.1873' N - 75° 37.1800' W; running westerly to a point 35° 17.1873' N - 75° 37.4680' W; running northerly to a point 35° 17.4800' N - 75° 37.4680' W; running easterly to the point of beginning.

(f)            Middle Bay: within the area described by a line beginning at a point 35° 14.1580' N - 76° 30.1780' W; running southerly to a point 35° 14.1150' N - 76° 30.1780' W; running westerly to a point 35° 14.1150' N - 76° 30.3320' W; running northerly to a point 35° 14.1580' N - 76° 30.3320' W; running easterly to the point of beginning.

(g)           Ocracoke area: within the area described by a line beginning at a point 35° 10.8150' N - 75° 59.6320' W; running southerly to a point 35° 10.6320' N - 75° 59.6320' W; running westerly to a point 35° 10.6320' N - 75° 59.8530' W; running northerly to a point 35° 10.8150' N - 75° 59.8530' W; running easterly to the point of beginning.

(h)           West Bay: within the area described by a line beginning at a point 34° 58.8517' N - 76° 21.3632' W; running southerly to a point 34° 58.7661' N - 76° 21.3632' W; running westerly to a point 34° 58.7661' N - 76° 21.4735' W; running northerly to a point 34° 58.8517' N - 76° 21.4735' W; running easterly to the point of beginning.

(3)           Neuse River: within the area described by a line beginning at a point 35° 00.4742' N - 76° 31.9550' W; running southerly to a point 35° 00.3920' N - 76° 31.9550' W; running westerly to a point 35° 00.3920' N - 76° 32.0550' W; running northerly to a point 35° 00.4742' N - 76° 32.0550' W; running easterly to the point of beginning.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113-201; 113-204; 143B‑289.52;

Eff. October 1, 2008;

Amended Eff. April 1, 2011;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0118      EXEMPTED CRAB POT ESCAPE rING aREAS

The areas referenced in 15A NCAC 03J .0301(g) are delineated in the following coastal fishing waters:

(1)           Pamlico Sound - within the area described by a line beginning at a point 35° 43.7457' N - 75° 30.7014' W on the south shore of Eagles Nest Bay on Pea Island; running westerly to a point 35° 42.9500' N - 75° 34.1500' W; running southerly to a point 35° 39.3500' N - 75° 34.4000' W; running southeasterly to a point 35° 35.8931' N - 75° 31.1514' W in Chicamacomico Channel near Beacon "ICC"; running southerly to a point 35° 28.5610' N - 75° 31.5825' W on Gull Island; running southwesterly to a point 35° 22.8671' N - 75° 33.5851' W in Avon Channel near Beacon "1AV"; running southwesterly to a point 35° 18.9603' N - 75° 36.0817' W in Cape Channel near Beacon "2"; running westerly to a point 35° 16.7588' N - 75° 44.2554' W in Rollinson Channel near Beacon "42RC"; running southwesterly to a point 35° 14.0337' N - 75° 45.9643' W southwest of Oliver Reef near the quick-flashing beacon; running westerly to a point 35° 09.3650' N - 76° 00.6377' W in Big Foot Slough Channel near Beacon "14BF"; running southwesterly to a point 35° 08.4523' N - 76° 02.6651' W in Nine Foot Shoal Channel near Beacon "9"; running westerly to a point 35° 07.1000' N - 76° 06.9000' W; running southwesterly to a point 35° 01.4985' N - 76° 11.4353' W near Beacon "HL"; running southwesterly to a point 35° 00.2728' N - 76° 12.1903' W near Beacon "1CS"; running southerly to a point 34° 59.5027' N - 76° 12.3204' W in Wainwright Channel immediately east of the northern tip of Wainwright Island; running southwesterly to a point 34° 59.3610' N - 76° 12.6040' W on Wainwright Island; running easterly to a point at 34° 58.7853' N - 76° 09.8922' W on Core Banks; running easterly and northerly along the shoreline across the inlets following the COLREGS Demarcation line up the Outer Banks to the point of beginning.

(2)           Newport River, from April 1 through June 15 - within the area described by a line beginning at a point 34° 49.5080' N - 76° 41.4440' W; running westerly along the south side of the Highway 101 Bridge over Core Creek to a point on the west shore 34° 49.5260' N - 76° 41.5130' W; running along the shoreline of Newport River and its tributaries to a point 34° 49.3050' N - 76° 44.2350' W; running westerly along the south side of the Highway 101 Bridge over Harlowe Canal to a point on the west shore 34° 49.2980' N - 76° 44.2610' W; running along the shoreline of Newport River and its tributaries to a point 34° 45.2478' N - 76° 46.4479' W; running southerly along the Inland-Coastal Waters boundary line to a point 34° 45.1840' N - 76° 46.4488' W; running along the shoreline of Newport River and its tributaries to a point 34° 43.2520' N - 76° 41.6840' W; running easterly along the north side of the Highway 70 Bridge over Newport River to a point 34° 43.2840' N - 76° 41.2200' W; running along the shoreline of Newport River and its tributaries to a point 34° 43.3530' N - 76° 40.2080' W; running easterly across Gallant Channel to a point 34° 43.3521' N - 76° 40.0871' W; running along the shoreline of Newport River and its tributaries back to the point of beginning.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

SECTION .0200 – FISHERY MANAGEMENT AREAS

 

15A NCAC 03R .0201      STRIPED BASS MANAGEMENT AREAS

(a)  The Albemarle Sound Management Area is designated as Albemarle Sound and all its joint and inland water tributaries, (except for the Roanoke, Middle, Eastmost and Cashie rivers), Currituck, Roanoke and Croatan sounds and all their joint and inland water tributaries, including Oregon Inlet, north of a line beginning at a point 35° 48.5015' N - 75° 44.1228' W on Roanoke Marshes Point, running southeasterly to a point 35° 44 .1710' N - 75° 31 .0520' W on the north point of Eagle Nest Bay.

(b)  The Roanoke River Management Area is designated as Roanoke River and its joint and inland tributaries, including Middle, Eastmost and Cashie rivers, up to the Roanoke Rapids dam.

(c)  The Central/Southern Management Area is designated as all internal, coastal, joint, and contiguous inland waters south of a line beginning at a point 35° 48.5015' N - 75° 44.1228' W on Roanoke Marshes Point, running southeasterly to a point 35° 44 .1710' N - 75° 31 .0520' W on the north point of Eagle Nest Bay, to the South Carolina line.

 

History Note:        Authority G.S. 113-132; 113-134; 113-182; 143B-289.52;

Eff. October 1, 2004;

Amended Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

15A NCAC 03R .0202      RIVER HERRING MANAGEMENT AREAS

(a)  The Albemarle Sound River Herring Management Area referenced in 15A NCAC 03J .0209 is defined as the Coastal and Joint Fishing Waters of Albemarle, Currituck, Roanoke, Croatan and Pamlico sounds and all their joint water tributaries north of a line beginning on the west shore at a point 35° 48.5015' N - 75° 44.1228' W on Roanoke Marshes Point; running southeasterly to the east shore to a point 35° 44.1710' N - 75° 31.0520' W on the north point of Eagles Nest Bay.

(b)  The Chowan River River Herring Management Area referenced in 15A NCAC 03J .0209 is defined as the area northwest of a line beginning on the west shore at a point 35° 59.9267' N - 76° 41.0313' W on Black Walnut Point; running northeasterly to the east shore to a point 36° 02.2140' N - 76° 39.3240' W on Reedy Point, to the North Carolina/Virginia state line; including the Meherrin River.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. May 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

 

 

Subchapter 03S – economic assistance to the fishing industry

 

SECTION .0100 – ECONOMIC ASSISTANCE PROGRAMS

 

15A NCAC 03S .0101       GENERAL

 

History Note:        Authority G.S. 113-226, 143B-289.52(d);

Temporary Adoption Eff. July 1, 2003;

Temporary Rule Expired Eff. March 27, 2004;

Eff. October 1, 2004;

Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

 

15A NCAC 03S .0102       GRANTS TO COMMERCIAL SHRIMPING INDUSTRY FOR ECONOMIC LOSSES DUE TO FOREIGN IMPORTED SHRIMP

15A NCAC 03S .0103       GRANTS TO COMMERCIAL BLUE CRABBING INDUSTRY

 

History Note:        Authority G.S. 113-226; 143B-289.52(d);

Temporary Adoption Eff. July 1, 2003;

Emergency Adoption Eff. October 14, 2003;

Emergency Adoption Expired January 2, 2004;

Temporary Rule Expired March 27, 2004;

Eff. November 1, 2004;

Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.