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.