15A N.C. Admin. Code 3H.0103

Current through Register Vol. 38, No. 24, June 17, 2024

Section 03H .0103 - PROCLAMATIONS, GENERAL

(a) It is unlawful to violate the provisions of a proclamation issued pursuant to a rule of the Marine Fisheries Commission, as provided in G.S. 113-221.1.

(b) If specific variable conditions are not set forth in a rule of the Marine Fisheries Commission that grants proclamation authority to the Fisheries Director, the Fisheries Director shall consider the following variable conditions in exercising proclamation authority:

(1) compliance with changes mandated by the Fisheries Reform Act and its amendments;

(2) biological impacts;

(3) environmental conditions;

(4) compliance with Fishery Management Plans;

(5) user conflicts;

(6) bycatch issues;

(7) variable spatial distributions; and

(8) protection of public health related to the public health programs that fall under the authority of the Marine Fisheries Commission.

15A N.C. Admin. Code 03H .0103

Authority G.S. 113-134; 113-135; 113-182; 113-221.1; 113-221.2; 113-221.3; 143B-289.52;
Eff. January 1, 1991;
Amended Eff. March 1, 1994; September 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. May 1, 2017; April 1, 2011; August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

Authority G.S. 113-134; 113-135; 113-182; 113-221.1; 143B-289.52;
Eff. 1/1/1991;
Amended Eff. 3/1/1994; September 1, 1991;
Temporary Amendment Eff. 7/1/1999;
Amended Eff. 4/1/2011; August 1, 2000.

Amended by North Carolina Register Volume 31, Issue 23, June 1, 2017 effective 5/1/2017.