Petitioning for Rulemaking

A petition for rulemaking is a written request to the Marine Fisheries Commission chairman to create a new rule, change an existing rule, or repeal a rule. Petitioning the commission is a formal process outlined in 15A NCAC 03P Section .3000.

Those seeking a rule change due to a conflict issue should review the Fisheries Mediation process, as the commission will request the affected parties mediate the issue before initiating rulemaking to resolve the conflict.

Fisheries Dispute Mediation
Overview and contact information
Petitioning for Rulemaking
Guidelines for requesting rule changes

Submitting a Petition

To be deemed complete a petition must include the petitioner’s name, address and the text of the proposed rule, as well as answer the following questions:

1. What statute, session law or rule gives the Marine Fisheries Commission the authority to create, modify or repeal this rule?
2. Why is the rule needed?
3. How will it affect existing rules?
4. How will it affect existing practices in the area(s) involved? Include an estimate of cost factors for people likely to be affected by the proposed rule.
5. Describe who will most likely be affected by the rule.

When petitions and supporting documents and data exceed 10 pages in length, 15 copies of the entire petition and any attachments shall be submitted. Petitions which do not contain the required information will be returned by the chairman, and no further action will be taken.

Within 120 days following the submission of the petition requesting rulemaking the commission shall:

1. Initiate rulemaking proceedings and notify the petitioner in writing; or
2. Deny the petition, stating the reason or reasons for the denial and send the written denial to the petitioner.

Please direct questions about this process to Nancy Fish at 252-808-8021 or Nancy.Fish@ncdenr.gov.