(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.