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North Carolina Department of Environment Quality

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Marine Fisheries - nr-66-2019 Rules

Marine Fisheries

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Release: Immediate
Contact: Patricia Smith
Date: Oct. 1, 2019
Phone: 252-726-7021

Marine Fisheries Commission accepting
public comment on two proposed rule changes

8-point rule

 

 

MOREHEAD CITY — The N.C. Marine Fisheries Commission is accepting public comments on changes to two rules, one pertaining to tarpon and the other pertaining to transfers of commercial fishing licenses.

The public may comment in person at a public hearing scheduled for Oct. 23 at 6 p.m. at the division’s Central District Office, 5285 Highway 70 West, Morehead City. The public may also comment in writing to division Rules Coordinator Catherine Blum at P.O. Box 769, Morehead City, N.C. 28557 or via email at Catherine.Blum@ncdenr.gov. The deadline for written comments is Dec. 2.

The proposed rules would:

  • Amend 15A NCAC 03M .0509 to prohibit possession of tarpon and make it illegal to gaff, spear, or puncture tarpon by any method other than hook and line.
  • Modify 15A NCAC 03O .0108 to clarify the circumstances under which transfers of Standard Commercial Fishing Licenses are allowed, including the following:
    1. Add grandparents, grandchildren, and legal guardians to the list of immediate family members eligible to receive a transferred license.
    2. Codify the existing requirement of a certification statement from the transferee that affirms the information provided to the division is true and accurate.
    3. Allow an individual license holder to transfer the license to a business in which the license holder is also an owner.
    4. Allow a business that is dissolved to transfer a license to an individual owner of the business.
    5. Allow a business that is sold to transfer a license to the successor business at the time of sale.
    6. Allow a business to transfer a license back to an owner who is leaving the business, if the owner originally held the license as an individual.
    7. Restrict business transfers to corporations and limited liability companies.
    8. Define “owner” to include shareholder of a corporation and member of a limited liability company.

The proposed rule changes come at the request of the Marine Fisheries Commission, which voted in February 2018 to start the process of amending the tarpon rule to improve the survivability of the fish and has, over the past couple of years, expressed concern about the types of license transfers allowed by statute and rule.

Modification of the two rules also meets a state-mandated periodic review schedule under which state agencies must review existing rules at least once every 10 years.

The proposed effective date of the rules is subject to legislative review.

For specific wording of the rule changes, go to the N.C. Marine Fisheries Commission’s Proposed Rules Page.

For more information, contact Catherine Blum, rules coordinator for the N.C. Division of Marine Fisheries, at 252-808-8014.

nr-66-2019

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N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • 252-726-7021 or 800-682-2632

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