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North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Marine Fisheries - Public Hearing on Proposed Rules NR-31-2011

Marine Fisheries
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Table 2
Major Violations

Statute

 Current Proposed

Taking Shellfish from a Permanent Polluted Area
(G.S. 113-187)

10-Day Suspension 6-Month revocation (2nd
conviction w/in 3 years)

1-Year Suspension 1-Year Revocation (2nd  or subsequent conviction w/in 3 years)

 Taking Polluted Shellfish at Night (G.S. 113-209)

 Felony Conviction
10-Day Suspension 

 Felony Conviction
1-year Revocation

 Assault on a Marine Patrol Officer (G.S. 14-32 & G.S. 14-33©(4))  

 No Suspension

 2-year Revocation

 Littering (G.S. 14-399)

 No Suspension

 1 Misdemeanor conviction would count towards a suspension with a Felony conviction resulting in a
1-year Suspension

 Coastal Recreational Fishing License (G.S. 113-174.2)

 No Suspension

 See Table 1


The proposal to change the schedule for suspension, revocation and reissuance of fishing licenses is expected to become effective Oct. 1, 2012.

The three other proposed rules for the public hearing follow:

  • Repeal rule 15A NCAC 03M .0504, which sets specific recreational size and bag limits for spotted seatrout. The size and bag limits for spotted seatrout changed in 2009, and were implemented under rule 15A NCAC 03M. 0512, which gives the division director authority to issue proclamations to implement measures from fishery management plans. Future changes will be implemented under this same proclamation authority. This proposed rule has an intended effective date of April 1, 2012;
  • Amend rule 15A NCAC 03M .0519 so that it incorporates an American shad ocean closure that has been in place by proclamation since 2005. This proposed rule has an intended effective date of April 1, 2012; and
  • Amend rule 15A NCAC 03O .0111, which deals with the surrender of fishing licenses, to allow a notice of suspension or revocation of a license to be made by certified mail. This proposed rule has an intended effective date of Oct. 1, 2012.

Full text of the proposed rules can be found on the N.C. Division of Marine Fisheries website at http://www.ncfisheries.net/rules/proposed_rules.html. Written comments will be accepted through Sept. 30, 2011, and may be sent to:

Catherine Blum
Rulemaking Coordinator
N.C. Division of Marine Fisheries
P.O. Box 769
Morehead City, NC 28557
FAX: (252) 726-0254
Catherine.Blum@ncdenr.gov

For more information, contact Blum at 252-808-8013.

nr-31-2011

N.C. Division of Marine Fisheries • 3441 Arendell Street • Morehead City, NC 28557 • (252) 726-7021 or 1-800-682-263

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