Rules .0901 ‑ .0914 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .0901 ‑ .0914); has been transferred and recodified from Rules .1401 ‑ .1414 of Title 10 Subchapter 10B of the North Carolina Administrative Code (T10.10B .1401 ‑ .1414), effective April 4, 1990.



The following definitions shall apply throughout this Section.

(1) "Approved area" means an area determined suitable for the harvesting of shellfish for direct market purposes.

(2) "Closed ‑ system marina" means a marina constructed in canals, basins, tributaries or any other area with restricted tidal flow.

(3) "Commercial marina" means marinas that offer one or more of the following services: fuel, transient dockage, haul‑out facilities, or repair services.

(4) "Conditionally approved area" means an area subject to predictable intermittent pollution that may be used for harvesting shellfish for direct market purposes when management plan criteria are met.

(5) "Depuration" means mechanical purification or the removal of adulteration from live shellstock by any artificially controlled method.

(6) "Division" means the Division of Environmental Health or its authorized agent.

(7) "Fecal coliform" means bacteria of the coliform group which will produce gas from lactose in a multiple tube procedure liquid medium (EC or A‑1) within 24 plus or minus two hours at 44.5C plus or minus 0.2C in a water bath.

(8) "Growing waters" means waters which support or could support shellfish life.

(9) "Marina" means any water area with a structure (dock, basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than 10 boats.

(10) "Marine biotoxins" means a poisonous substance accumulated by shellfish feeding upon dinoflagellates containing toxins.

(11) "Most probable number (MPN)" means a statistical estimate of the number of bacteria per unit volume and is determined from the number of positive results in a series of fermentation tubes.

(12) "Open ‑ system marina" means a marina constructed in an area where tidal currents have not been impeded by natural or man‑made barriers.

(13) "Private marina" means any marina that is not a commercial marina as defined in this Rule.

(14) "Prohibited area" means an area unsuitable for the harvesting of shellfish for direct market purposes.

(15) "Public health emergency" means any condition that may immediately cause shellfish waters to be unsafe for the harvest of shellfish for human consumption.

(16) "Relaying" means the act of removing shellfish from one growing area or shellfish grounds to another area or ground for any purpose.

(17) "Restricted area" means an area from which shellfish may be harvested only by permit and subjected to an approved depuration process or relayed to an approved area.

(18) "Sanitary survey" means the evaluation of factors that affect the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides and currents in the distribution and dilution of polluting materials, and the bacteriological quality of water.

(19) "Shellfish" means oysters, mussels, scallops and all varieties of clams. However, the term shall not include scallops when the final product is the shucked adductor muscle only.

(20) "Shoreline survey" means a visual inspection of the environmental factors that affect the sanitary quality of a growing area and identifies sources of pollution when possible.


History Note: Authority G.S. 130A‑230;

Eff. June 1, 1989;

Amended Eff. August 1, 1998; February 1, 1997; September 1, 1990.