15a ncac 03k .0404      DREDGES/MECHANICAL METHODS PROHIBITED AND OPEN SEASON

It is unlawful to use mechanical methods for oystering or clamming to take Rangia clams or their shells:

(1)           within 100 feet of any pier;

(2)           within any established bed of submerged aquatic vegetation as defined in 15A NCAC 03I .0101 or salt water cordgrass (Spartina alterniflora) that may exist together or separately;

(3)           in areas designated in 15A NCAC 03R .0108, except on shellfish leases and franchises with a Permit to Use Mechanical Methods for Oysters and Clams on Shellfish Leases and Franchises.

(4)           in areas designated in 15A NCAC 03K .0204(3) and 03R .0103; and

(5)           except in areas and at times specified by proclamation as authorized by 15A NCAC 03K .0201 and 03K .0302.

 

History Note:        Authority G.S. 113-134; 113-201; 143B-289.52;

Eff. August 1, 2004.