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.