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.