15A N.C. Admin. Code 3J.0104

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

Section 03J .0104 - TRAWL NETS

(a) It shall be unlawful to possess aboard a vessel while using a trawl net in Internal Waters more than 500 pounds of finfish from December 1 through March 1, and 1,000 pounds of finfish from March 2 through November 30.

(b) It shall be unlawful to use trawl nets:

(1) in Internal Waters from 9:00 p.m. on Friday through 5:00 p.m. on Sunday, except:

(A) from December 1 through March 1 from one hour after sunset on Friday to one hour before sunrise on Monday in the areas listed in Subparagraph (b)(5) of this Paragraph; or

(B) for a holder of a Permit for Weekend Trawling for Live Shrimp in accordance with 15A NCAC 03O .0503;

(2) for the taking of oysters;

(3) in Albemarle Sound, Currituck Sound, and their tributaries, west of a line beginning on the south shore of Long Point at a point 36° 02.4910' N - 75° 44.2140' W; running southerly to the north shore on Roanoke Island to a point 35° 56.3302' N - 75° 43.1409' W; running northwesterly to Caroon Point to a point 35° 57.2255' N - 75° 48.3324' W;

(4) in the areas described in 15A NCAC 03R .0106, except that the Fisheries Director may, by proclamation, open the area designated in 15A NCAC 03R .0106(1) to peeler crab trawling;

(5) from December 1 through March 1 from one hour after sunset to one hour before sunrise in the following areas:

(A) in Pungo River, north of a line beginning on Currituck Point at a point 35° 24.5833' N - 76° 32.3166' W, running southwesterly to Wades Point to a point 35° 23.3062' N - 76° 34.5135' W;

(B) in Pamlico River, west of a line beginning on Wades Point at a point 35° 23.3062' N - 76° 34.5135' W, running southwesterly to Fulford Point to a point 35° 19.8667' N - 76° 35.9333' W;

(C) in Bay River, west of a line beginning on Bay Point at a point 35° 11.0858' N - 76° 31.6155' W, running southerly to Maw Point to a point 35° 09.0214' N - 76° 32.2593' W;

(D) in Neuse River, west of a line beginning on the Minnesott side of the Neuse River Ferry at a point 34° 57.9116' N - 76° 48.2240' W, running southerly to the Cherry Branch side of the Neuse River Ferry to a point 34° 56.3658' N - 76° 48.7110' W;

(E) in New River, all waters upstream of the N.C. Highway 172 Bridge when opened by proclamation; and

(6) in designated pot areas opened to the use of pots by Rule .0301(a)(2) of this Subchapter and described in 15A NCAC 03R .0107(a)(5), (a)(6), (a)(7), (a)(8), and (a)(9) within an area bound by the shoreline to the depth of six feet.

(c) Mesh sizes for shrimp and crab trawl nets shall meet the requirements of 15A NCAC 03L .0103 and 03L .0202.

(d) The Fisheries Director may, with prior consent of the Marine Fisheries Commission, by proclamation, require bycatch reduction devices or cod end (tailbag) modifications in trawl nets to reduce the catch of finfish that do not meet size limits or are unmarketable as individual foodfish by reason of size.

(e) It shall be unlawful to use shrimp trawl nets for recreational purposes unless the trawl net is marked by attaching to the cod end (tailbag) a floating buoy, any shade of hot pink in color. Buoys shall be of solid foam or other solid buoyant material no less than five inches in diameter and no less than five inches in length. The gear owner's last name and initials shall be identified on the attached buoy by using an engraved buoy or by attaching engraved metal or plastic tags to the buoy. If a vessel is used, the identification shall also include one of the following:

(1) gear owner's current motor boat registration number; or

(2) gear owner's U.S. vessel documentation name.

(f) It shall be unlawful to use shrimp trawl nets for the taking of blue crabs in Internal Waters, except that it shall be permissible to take or possess blue crabs incidental to shrimp trawling in accordance with the following limitations:

(1) for individuals using shrimp trawl nets authorized by a Recreational Commercial Gear License, 50 blue crabs per day, not to exceed 100 blue crabs if two or more Recreational Commercial Gear License holders are on board the same vessel; and

(2) for commercial operations, crabs may be taken incidental to lawful shrimp trawl net operations provided that the weight of the crabs shall not exceed the greater of:

(A) 50 percent of the total weight of the combined crab and shrimp catch; or

(B) 300 pounds.

(g) The Fisheries Director may, by proclamation, close any area to trawling for specific time periods consistent with the requirements of this Rule.

15A N.C. Admin. Code 03J .0104

Authority G.S. 113-134; 113-173; 113-182; 113-221.1; 143B-289.52;
Eff. February 1, 1991;
Amended Eff. August 1, 1998; May 1, 1997; March 1, 1994; February 1, 1992;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. May 1, 2017; April 1, 2014; April 1, 2009; September 1, 2005; August 1, 2004; August 1, 2000;
Readopted Eff. August 23, 2022.

Authority G.S. 113-134; 113-173; 113-182; 113-221.1; 143B-289.52;
Eff. 2/1/1991;
Amended Eff. 8/1/1998; 5/1/1997; 3/1/1994; 2/1/1992;
Temporary Amendment Eff. 7/1/1999;
Amended Eff. 5/1/2017; 4/1/2014; 4/1/2009; 9/1/2005; 8/1/2004; 8/1/2000;
Readopted Eff. 8/23/2022.