15A N.C. Admin. Code 3K.0101

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

Section 03K .0101 - PROHIBITED SHELLFISH AREAS/ACTIVITIES

(a) It is unlawful to possess, sell, or take oysters, clams or mussels from areas which have been designated as prohibited (polluted) by proclamation by the Fisheries Director except as provided in 15A NCAC 03K .0103, 03K .0104, 03K .0107, and .0401. The Fisheries Director shall issue such proclamations upon notice by the Division of Environmental Health that duly adopted criteria for approved shellfish harvest areas have not been met. The Fisheries Director may reopen any such closed area upon notification from the Division of Environmental Health that duly adopted criteria for approved shellfish harvest areas have been met. Copies of these proclamations and maps of these areas are available upon request at the Division of Marine Fisheries, 3441 Arendell St., Morehead City, NC 28557; (252) 726-7021.

(b) The Fisheries Director may, by proclamation, close areas to the taking of oysters, clams, scallops and mussels in order to protect the shellfish populations for management purposes or for public health purposes not specified in Paragraph (a) of this Rule.

(c) It is unlawful to possess or sell oysters, clams, or mussels taken from polluted waters outside North Carolina.

15A N.C. Admin. Code 03K .0101

Authority G.S. 113-134; 113-168.5; 113-169.2; 113-182; 113-221; 113-221.1; 143B-289.52;
Eff. January 1, 1991;
Amended Eff. July 1, 1993;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. October 1, 2008; April 1, 2003.

Authority G.S. 113-134; 113-168.5; 113-169.2; 113-182; 113-221; 113-221.1; 143B-289.52;
Eff. 1/1/1991;
Amended Eff. 7/1/1993;
Temporary Amendment Eff. 7/1/1999;
Amended Eff. 8/1/2000;
Temporary Amendment Eff. 10/1/2001;
Amended Eff. 10/1/2008; 4/1/2003.

Readopted by North Carolina Register Volume 37, Issue 01, July 1, 2022 Eff. Pending legislative review pursuant to S.L. 2019198.