subchapter 03l – shrimps, crab, and lobster

 

section .0100 - shrimp

 

15A NCAC 03L .0101       SHRIMP HARVEST RESTRICTIONS

(a)  It is unlawful to take shrimp until the Fisheries Director, by proclamation, opens the season.

(b)  The Fisheries Director may, by proclamation, impose any or all of the following restrictions on the taking of shrimp:

(1)           specify time;

(2)           specify area;

(3)           specify means and methods;

(4)           specify season;

(5)           specify size; and

(6)           specify quantity.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221.1; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015.

 

15A NCAC 03L .0102       WEEKEND SHRIMPING PROHIBITED

It is unlawful to take shrimp by any method from 9:00 p.m. on Friday through 5:00 p.m. on Sunday, except:

(1)           in the Atlantic Ocean;

(2)           with the use of fixed and channel nets, hand seines, shrimp pots, or cast nets; or

(3)           for a holder of a Permit for Weekend Trawling for Live Shrimp in accordance with 15A NCAC 03O .0503.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2017; August 1, 2004; March 1, 1994.

 

15A NCAC 03L .0103       PROHIBITED NETS, MESH LENGTHS AND AREAS

(a)  It is unlawful to take shrimp with nets with mesh lengths less than the following:

(1)           Trawl net ‑ one and one‑half inches;

(2)           Fixed nets, channel nets, float nets, butterfly nets, and hand seines ‑ one and one‑fourth inches; and

(3)           Cast net ‑ no restriction.

(b)  It is unlawful to take shrimp with a net constructed in such a manner as to contain an inner or outer liner of any mesh length.  Net material used as chafing gear shall be no less than four inches mesh length, except that chafing gear with smaller mesh may be used only on the bottom one‑half of the tailbag.  Such chafing gear shall not be tied in a manner that forms an additional tailbag.

(c)  It is unlawful to take shrimp with trawls that have a combined headrope of greater than 90 feet in Internal Coastal Waters in the following areas:

(1)           North of the 35° 46.3000' N latitude line;

(2)           Core Sound south  of a line beginning at a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks; to the South Carolina State Line;

(3)           Pamlico River upstream of a line from a point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and

(4)           Neuse River southwest of a line from a point 34° 58.2000' N - 76° 40.5167' W  at Winthrop Point on the eastern shore of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N - 76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.

(d)  Effective January 1, 2017 it is unlawful to take shrimp with trawls that have a combined headrope of greater than 220 feet in Internal Coastal Waters in the following areas:

(1)           Pamlico Sound south of the 35° 46.3000' N latitude line and north of a line beginning at a point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76° 09.8922' W on Core Banks;

(2)           Pamlico River downstream of a line from a point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and

(3)           Neuse River northeast of a line from a point 34° 58.2000' N - 76° 40.5167' W  at Winthrop Point on the eastern shore of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N - 76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.

(e)  It is unlawful to use a shrimp trawl in the areas described in 15A NCAC 03R .0114.

(f)  It is unlawful to use channel nets except as provided in 15A NCAC 03J .0106.

(g)  It is unlawful to use shrimp pots except as provided in 15A NCAC 03J .0301.

(h)  It is unlawful to use a shrimp trawl that does not conform with the federal rule requirements for Turtle Excluder Devices (TED) as specified in 50 CFR Part 222.102 Definitions, 50 CFR Part 223.205 (a) and Part 223.206 (d) Gear Requirements for Trawlers, and 50 CFR Part 223.207 Approved TEDs.  These federal rules are incorporated by reference including subsequent amendments and editions.  Copies of these rules are available via the Code of Federal Regulations posted on the Internet at http://www.gpoaccess.gov/cfr/index.html and at the Division of Marine Fisheries, P.O. Box 769, Morehead City, North Carolina 28557 at no cost.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 2015; April 1, 2009; July 1, 2006.

 

15A NCAC 03L .0104       UNLAWFUL TO USE OR TAKE

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Repealed Eff. April 1, 2009.

 

15A NCAC 03L .0105       RECREATIONAL SHRIMP LIMITS

It is unlawful to:

(1)           Possess from areas open to the harvest of shrimp more than 48 quarts, heads on or 30 quarts, heads off, of shrimp per person per day or if a vessel is used, per vessel per day for recreational purposes except as provided in 15A NCAC 03O .0303(e) and (f).

(2)           Take or possess more than four quarts, heads on or two and one-half quarts, heads off, of shrimp per person per day with a cast net from areas closed to the taking of shrimp.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. April 1, 2009;

Amended Eff. May 1, 2015; June 1, 2013.

 

SECTION .0200 – CRABS

 

15A NCAC 03L .0201       CRAB HARVEST RESTRICTIONS

(a)  It is unlawful to possess more than 10 percent by number in any container, male and immature female hard blue crabs less than five inches from tip of spike to tip of spike and to fail to return hard blue crabs not meeting this restriction to the waters from which taken, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.  All blue crabs not sorted into containers as specified in Paragraph (b) of this Rule shall be deemed hard blue crabs for the purpose of establishing the 10 percent culling tolerance.

(b)  It is unlawful to possess blue crabs less than five inches from tip of spike to tip of spike unless individual crabs are sorted to and placed in separate containers for each of the following categories:

(1)           soft crabs;

(2)           pink and red-line peeler crabs;

(3)           white-line peeler crabs; and

(4)           from March 1 through October 31, male crabs to be used as peeler crab bait.

The Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(c)  It is unlawful to possess more than five percent by number of white-line peelers in a container of pink and red-line peelers, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(d)  It is unlawful to:

(1)           sell white-line peelers;

(2)           possess white-line peelers unless they are to be used in the harvester's permitted blue crab shedding operation; and

(3)           possess male white-line peelers from June 1 through September 1.

The Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(e)  It is unlawful to possess more than 50 blue crabs per person per day, not to exceed 100 blue crabs per vessel per day for recreational purposes, except the Fisheries Director may, by proclamation authority established in Paragraph (f) of this Rule, further restrict the harvest of blue crabs.

(f)  In order to comply with management measures adopted in the N.C. Blue Crab Fishery Management Plan, the Fisheries Director may, by proclamation, close the harvest of blue crabs and take the following actions for commercial and recreational blue crab harvest:

(1)           specify areas;

(2)           specify seasons;

(3)           specify time periods;

(4)           specify means and methods;

(5)           specify culling tolerance; and

(6)           specify limits on harvest based on size, quantity, sex, reproductive stage, or peeler stage.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 1997; July 1, 1993;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. April 1, 2014; September 1, 2005; August 1, 2000.

 

15A NCAC 03L .0202       CRAB TRAWLING

(a)  It is unlawful to take or possess aboard a vessel crabs taken by trawl in internal waters except in areas and during such times as the Fisheries Director may specify by proclamation.

(b)  It is unlawful to use a trawl to take crabs that does not meet mesh length requirements, except as provided in 15A NCAC 03J .0104.  The minimum mesh length to take hard crabs with a trawl is three inches, except:

(1)           The minimum mesh length is four inches in the area of western Pamlico Sound west of a line beginning at a point 35° 48.3693' N - 75° 43.7232' W on Roanoke Marshes Point; running easterly to a point 35° 48.3000' N - 75° 37.1167' W near Beacon "1" at the southern end of Roanoke Island; running southerly to a point 35° 30.7500' N - 75° 40.5667' W near the "S" Beacon at Long Shoal; running southwesterly to a point 35° 12.6167' N - 76° 04.3833' W near the "BL" Beacon on Bluff Shoal; running westerly to a point 35° 08.1000' N - 76° 17.5000' W near the "BI" Beacon at Brant Island Shoal; running southwesterly to a point 35° 04 .6167' N - 76° 27.8000' W on Point of Marsh; and

(2)           The Fisheries Director may, by proclamation, specify areas other than the area described in Subparagraph (b)(1) of this Rule for trawl mesh length use and increase the minimum trawl mesh length to no more than four inches to take hard crabs.

(c)  It is unlawful to use a trawl with a mesh length less than two inches or with a combined total headrope length exceeding 25 feet to take soft or peeler crabs, except as provided in 15A NCAC 03J .0104.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. February 1, 1991;

Amended Eff. April 1, 2014; September 1, 2005; August 1, 2004; March 1, 1994; September 1, 1991.

 

15A NCAC 03L .0203       CRAB DREDGING

(a)  It is unlawful to take crabs with dredges except:

(1)           from January 1 through March 1 in the area of Pamlico Sound described in 15A NCAC 03R .0109; and

(2)           incidental to lawful oyster dredging operations in areas not subject to the exception in Subparagraph (a)(1) of this Rule provided the weight of the crabs shall not exceed:

(A)          50 percent of the total weight of the combined oyster and crab catch; or

(B)          500 pounds, whichever is less.

The Fisheries Director may, by proclamation authority established in 15A NCAC 03L .0201, further restrict the use of dredges to take blue crabs.

(b)  It is unlawful to take crabs with dredges between sunset and sunrise and between sunset on any Saturday and sunrise on the following Monday, except in the Atlantic Ocean.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2014; May 1, 1997.

 

15A NCAC 03L .0204       CRAB POTS

(a)  It is unlawful to take crabs with pots except as provided in 15A NCAC 03J .0301 and .0302.  The Fisheries Director may, by proclamation authority established in 15A NCAC 03L .0201, further restrict the use of pots to take blue crabs.

(b)  The Fisheries Director may, by proclamation, require the use of terrapin excluder devices in each funnel entrance in crab pots and impose the following restrictions concerning terrapin excluder devices:

(1)           specify areas;

(2)           specify time periods; and

(3)           specify means and methods.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2014.

 

15A NCAC 03L .0205       CRAB SPAWNING SANCTUARIES

(a)  It is unlawful to set or use trawls, pots, and mechanical methods for oysters or clams or take crabs with the use of commercial fishing equipment from the crab spawning sanctuaries described in 15A NCAC 03R .0110 from March 1 through August 31.

(b)  The Fisheries Director may, by proclamation, designate additional areas as crab spawning sanctuaries and may impose the following restrictions in any crab spawning sanctuary:

(1)           specify areas;

(2)           specify time periods;

(3)           specify means and methods; and

(4)           specify limits on harvest based on size, quantity, sex, reproductive stage, or peeler stage.

 

History Note:        Authority G.S. 113-134; 113-182; 113-221.1; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. May 1, 1997;

Temporary Amendment Eff. October 2, 1999;

Amended Eff. April 1, 2014; April 1, 2001.

 

15A NCAC 03L .0206       PEELER CRABS

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Temporary Adoption Eff. July 1, 1999;

Eff. August 1, 2000;

Amended Eff. September 1, 2005;

Repealed Eff. April 1, 2014.

 

15A NCAC 03L .0207       HORSESHOE CRABS

(a)  The annual (January through December) commercial quota for North Carolina for horseshoe crabs is established by the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab.

(b)  The Fisheries Director may, by proclamation, impose any or all of the following restrictions on the taking of horseshoe crabs to maintain compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe Crab:

(1)           Specify season;

(2)           Specify areas;

(3)           Specify quantity;

(4)           Specify means and methods; and

(5)           Specify size.

(c)  Horseshoe crabs taken for biomedical use under a Horseshoe Crab Biomedical Use Permit are subject to this Rule.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221.1; 143B‑289.52;

Temporary Adoption Eff. August 1, 2000;

Codifier determined that findings did not meet criteria for temporary rule on October 31, 2000;

Temporary Adoption Eff. December 6, 2000;

Eff. August 1, 2002;

Amended Eff. April 1, 2011.

 

15A NCAC 03L .0208       STONE CRABS (Menippe mercenaria)

It is unlawful to:

(1)           Possess stone crab bodies, or fail to immediately return stone crab bodies to the waters from which taken;

(2)           Remove, take or possess any claw(s) from June 15 through August 15;

(3)           Remove, take or possess any claw(s) from egg-bearing stone crabs;

(4)           Use any device to take stone crabs that can puncture, crush, or injure the crab body, such as gigs, spears, grabs, hooks, or similar devices; and

(5)           Remove, take or possess stone crab claw(s) which have a propodus (forearm) less than two and three quarter inches in length, measured by a straight line from the elbow to the tip of the lower immovable finger.  The propodus (forearm) is defined as the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body of the crab.

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. December 1, 2006.

 

15A NCAC 03L .0209       RECREATIONAL HARVEST OF CRABS

 

History Note:        Authority G.S. 113-134; 113-182; 143B-289.52;

Eff. October 1, 2008;

Repealed Eff. April 1, 2014.

 

SECTION .0300 – LOBSTER

 

15A NCAC 03L .0301       AMERICAN LOBSTER (NORTHERN LOBSTER)

(a)  It is unlawful to possess American lobster:

(1)           with a carapace less than 3 3/8 inches or greater than 5 1/4 inches;

(2)           which has eggs or from which eggs have been artificially removed by any method;

(3)           meats, detached meats, detached tails or claws or any other part of a lobster that has been separated from the lobster;

(4)           which has an outer shell which has been speared;

(5)           that is a V-notched female lobster.  A V-notched female lobster is any female lobster that bears a notch or indention in the base of the flipper that is at least as deep as 1/8 inch, with or without setal hairs.  A V-notched female lobster is also any female lobster which is mutilated in a manner which would hide, obscure or obliterate such a mark; or

(6)           in quantities greater than 100 per day or 500 per trip for trips five days or longer taken by gear or methods other than traps.

(b)  American lobster traps not constructed entirely of wood (excluding heading or parlor twine and the escape vent) must contain a ghost panel that meets the following specifications:

(1)           the opening to be covered by the ghost panel shall be not less than 3 3/4 inches (9.53 cm) by 3 3/4 inches (9.53 cm);

(2)           the panel must be constructed of, or fastened to the trap with, one of the following untreated materials: wood lath, cotton, hemp, sisal or jute twine not greater than 3/16 inch (0.48 cm) in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch (0.24 cm) in diameter;

(3)           the door of the trap may serve as the ghost panel, if fastened with a material specified in this Section;

(4)           the ghost panel must be located in the outer parlor(s) of the trap and not the bottom of the trap; and

(5)           contains at least one rectangular escape vent per trap, 2 inches by 5 3/4 inches minimum size, or two circular escape vents per trap, with a minimum inside diameter of 2 5/8 inches.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. April 1, 2009; September 1, 2005; April 1, 2001.

 

15A NCAC 03L .0302       SPINY LOBSTER

It is unlawful to:

(1)        Possess a egg bearing spiny lobster or a spiny lobster from which eggs have been stripped, scrubbed or removed;

(2)        Possess spiny lobster with a carapace length less than 3 inches;

(3)        Possess aboard a vessel or land more than two spiny lobsters per person;

(4)        Possess aboard a vessel or land detached spiny lobster tails; or

(5)        Take spiny lobsters with a gaff hook, spear or similar device.  Possession of a speared, pierced, or punctured spiny lobster is prima facie evidence that prohibited gear was used.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996.