15A N.C. Admin. Code 3I.0113

Current through Register Vol. 39, No. 9, November 1, 2024

Section 03I .0113 - DATA COLLECTION

(a) For the purpose of this Rule:

(1) "refuse to allow" as used in Paragraphs (b) and (c) of this Rule shall mean to oppose, impede, intimidate, interfere, tamper, prohibit, or bar by command, impediment, threat, coercion, interference, or refusal of reasonable assistance, the Fisheries Director or the Fisheries Director's agents from collecting data as set forth in Paragraphs (b) and (c) of this Rule; and

(2) "responsible person" shall mean any licensee or person engaged in regulated activity under Chapter 113, Subchapter IV, of the General Statutes.

(b) It shall be unlawful for any responsible person to refuse to allow the Fisheries Director or the Fisheries Director's agents to obtain biological data, harvest information, or other data necessary or useful to the conservation and management of marine and estuarine resources for the taking of fish by the responsible person. Such data may include:

(1) species identification;

(2) species length;

(3) species weight;

(4) species age;

(5) species sex;

(6) number of species;

(7) quantity of catch;

(8) area of catch;

(9) harvest method;

(10) gear and gear specifications;

(11) target species;

(12) number of hours and days the responsible person spent fishing;

(13) state, county, and zip code of responsible person;

(14) number of individuals fishing with responsible person; and

(15) social and economic data, including fishing expenditures and durable goods.

(c) It shall be unlawful for any responsible person to refuse to allow the Fisheries Director or the Fisheries Director's agents to obtain data for the 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 03I .0113

Authority G.S. 113-134; 113-170.3; 113-170.4; 113-174.1; 113-182;
Eff. October 1, 1992;
Recodified from 15A NCAC 03I .0013 Eff. December 17, 1996.

Authority G.S. 113-134; 113-135; 113-170.3; 113-174.1; 113-181; 113-182; 113-221.2; 113-221.3; 143B-289.52;
Eff. 10/1/1992;
Recodified from 15A NCAC 03I .0013 Eff. 12/17/1996.

Readopted by North Carolina Register Volume 37, Issue 01, July 1, 2022 Eff. Pending legislative review pursuant to S.L. 2019-198.

Readopted Eff. 3/15/2023.

Amended by North Carolina Register Volume 39, Issue 05, September 3, 2024 Eff. (Pending legislative review pursuant to S.L. 2019-198).