(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.