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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Marine Fisheries - Proclamation SF-6-2012

Marine Fisheries

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VII. GENERAL INFORMATION:

A. This proclamation is issued under the authority N.C.G.S. 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, 03K .0201 and .0202.

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

C. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0206 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 (d).

E. N.C. Marine Fisheries Commission Rule 15A NCAC 03K .0204 lists areas closed to the use of mechanical methods to take oysters; 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(a) prohibits the taking 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(14) defines mechanical methods for oystering.

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 oystering or clamming in oyster sanctuaries designated in 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. 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.

October 23, 2012
9:30 A.M.
SF-6-2012

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

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