skip to main content | skip to footer
North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation SF-06-2016

Marine Fisheries

Web Content Display Web Content Display

VII. GENERAL INFORMATION:

A. This proclamation is issued under the authority N.C. General Statutes. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103 and 03K .0201.

B. In accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03H .0103 it is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority.

C. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0111 requires a permit for the use of mechanical gear on private bottoms. Permits are available, at no cost, from all Division of Marine Fisheries License Offices.

D. It is unlawful to possess or sell oysters without a harvest tag affixed to each container in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0109.

E. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0204 lists areas closed to the use of mechanical methods to take oysters; N.C. Marine Fisheries Commission Rule 15A NCAC 03N .0104 prohibits the use of mechanical methods to take oysters or clams in primary nursery areas.

F. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0106 prohibits the taking and unloading of oysters between the hours of sunset and sunrise on any day.

G. N.C. Marine Fisheries Commission Rule 15A NCAC 03J .0303 prohibits the use of dredges weighing more than 100 pounds except in the Atlantic Ocean; prohibits the use of more than one dredge per vessel to take oysters or crabs; and prohibits possession of oysters aboard a vessel with a dredge weighing more than 100 pounds.

H. Crabs may be taken incidental to lawful oyster dredging in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03L .0203.

I. N.C. Marine Fisheries Commission Rule 15A NCAC 03I .0101(3)(m) defines mechanical methods for oyster harvest.

J. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0207 exempts permitted aquaculture operations from bag and size limit restrictions.

K. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0209 prohibits the taking of oysters and clams and the use of mechanical methods for oyster or clam harvest in oyster sanctuaries designated in N.C. Marine Fisheries Commission Rule 15A NCAC 03R .0117.

L. Mechanical oyster harvesters may possess no more than 10 bushels of oysters while working in the restricted areas identified in Section VI. Mechanical oyster harvesters may possess no more than 15 bushels of oysters while working outside of the restricted areas and may transport their catch through the restricted area to the point of landing.

M. N.C. General Statutes 113-168.2 and 113-169.2 require mechanical harvesters to hold a Standard Commercial Fishing License with a shellfish endorsement. Crew members working under the direction of a person who holds a valid Standard Commercial Fishing License with a shellfish endorsement are not required to hold a shellfish license.

N. Maps are provided to aid in the identification of the specified harvest areas. Maps do NOT supersede existing rules or supersede proclamations closing areas to harvest by reason of pollution. The military restricted areas and danger zones shown on the proclamation maps are closed to civilian access pursuant to federal rules 33 CFR 334.410 and 334.420. These closures render these areas unavailable for oyster harvest. See enclosed oyster harvesting guide for general information on harvesting with all gears.

O. In accordance with N.C. General Statute 113-221.1(c) all persons who may be affected by proclamations issued by the Fisheries Director are under a duty to keep themselves informed of current proclamations.

P. In accordance with Proclamation SS-1-2016, http://portal.ncdenr.org/web/mf/proclamation-ss-01-2016:
1. It is unlawful to possess oysters or clams in a commercial fishing operation without a harvest tag recording the time of the start of harvest, and information as described in N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0109, affixed to each container of oysters or clams. The time of the start of harvest shall be the time when the first oyster or clam is initially removed from the water.
2. It is unlawful for harvesters to fail to deliver oysters and clams harvested from Coastal Fishing Waters to a licensed shellfish dealer within 12 hours of the time of the start of harvest.
Q. The intent of this proclamation is to open the season to the commercial harvest of oyster by mechanical methods from public bottom in accordance with the N.C. Oyster Fishery Management Plan Amendment 2.

R. Contact N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557 252-726-7021 or 800-682-2632 for more information or visit the division website at www.ncmarinefisheries.net.

S. In accordance with N.C. marine Fisheries Commission 15A NCAC 03K .0201, this proclamation opens the season to the commercial harvest of oysters from public bottom by mechanical methods.

Braxton signature

 


Braxton C. Davis
DIVISION OF MARINE FISHERIES

November 3, 2016
10:00 A.M.
SF-6-2016

Pages: 1  2  3  

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

NC logo

38337 FEEDBACK

Your input is valuable to us. Please send us your feedback.

What type of feedback would you like to send?*

Ask a Question Report a Problem Have a Concern Make a Comment

(If you would like us to respond please include your phone or e-mail.)

Your Question has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Problem has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Concern has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

Your Comment has been sent. Thank you!

An internal server error prevented Your Question from being sent.
Please try again later, or call Toll-Free (877) 623-6748 for immediate assistance.

Please complete all highlighted items

*If you are a DENR employee with an I.T. issue, please submit a DOTS ticket.