15A NCAC 10C .0404      SPECIAL DEVICES

(a) Archery equipment.  The use of archery equipment, as defined in 15A NCAC 10B .0116, as a licensed special device is authorized for taking nongame fishes at any time from all inland fishing waters other than impounded waters located on the Sandhills Game Land and designated public mountain trout waters.  Unless prohibited by Marine Fisheries Commission's rules in 15A NCAC 03, bow and arrow may be used in joint fishing waters.

(b)  Nets.  Where authorized, manually operated nets, including seines and bow, cast, dip, gill, drift, and fyke nets may be used under the special device license.  No fixed gill net or other stationary net which may be authorized as a special device may be more than 100 yards in length, nor shall any such net be placed within 50 yards of any other fixed net. Fixed nets must be set so that they run parallel to the nearest shoreline.  No fixed or drift gill nets shall be used unless such net is marked for the protection of boat operators.  A net shall be deemed so marked when there is attached to it at each end two separate yellow buoys that shall be of solid foam or other solid buoyant material no less than five inches in its smallest dimensions.  The owner shall be identified on a buoy on each end either by using engraved buoys or by attaching engraved metal or plastic tags to the buoys.  Such identification shall include one of the following:

(1)           owner's N.C. motor boat registration number;

(2)           owner's U.S. vessel documentation name; or

(3)           owner's last name, first and middle initials.

It is unlawful to attach gill nets to any wire, rope, or similar device extended across any navigable watercourse.

(c)  Traps.  Baskets and traps, excluding collapsible crab traps, may be used under the special device license. Such devices when set and left unattended shall be affixed with a card or tag furnished by the license holder and upon which his name and address shall be legibly and indelibly inscribed.  No fish trap may exceed 60 inches in length or 30 inches in depth or width.  No lead nets, wing nets, or other device designed to guide or herd fish may be attached to the trap or used or set within 25 feet of the trap.

(d)  Spears.  Manually operated gigs or under-water spear or harpoon guns may be used under the special device license in the inland waters having a season for their use specified in Rule .0407 of this Section.

(e)  Crab pots.  It is unlawful to use crab pots in inland fishing waters, except by persons owning property adjacent to the inland fishing waters of coastal rivers and their tributaries who are permitted to set two crab pots to be attached to their property and not subject to special device license requirements.

(f)  Eel pots.  It is unlawful to use pots with mesh sizes smaller than one-half inch by one-half inch.  Each pot must be marked by attaching a floating buoy that shall be of solid foam or other solid buoyant material and no less than five inches in diameter and no less than five inches in length.  Buoys may be of any color except yellow.  The owner shall be identified on the attached buoy by using engraved buoys or by engraved metal or plastic tags attached to the buoy. Such identification shall include one of the following:

(1)           owner's N.C. motorboat registration number;

(2)           owner's U.S. vessel documentation name; or

(3)           owner's last name, first and middle initials.

(g)  Hand-crank electrofisher.  For the purposes of this Rule, a hand-crank electrofisher is any manually-operated device which is capable of generating a low voltage electrical current not exceeding 300 volts for the taking of catfish. Hand-crank electrofishers may be used only where authorized by local law and only in those waters specified in 15A NCAC 10C .0407.

 

History Note:        Authority G.S. 113-134; 113-272.2; 113-276; 113-292;

Eff. February 1, 1976;

Amended Eff. July 1, 1999; July 1, 1996; December 1, 1995; July 1, 1995; July 1, 1994; July 1, 1993;

Temporary Amendment Effective July 1, 2001;

Amended Eff. August 1, 2014; August 1, 2012; May 1, 2008; May 1, 2007; August 1, 2004; July 18, 2002.