15A N.C. Admin. Code 18A.0302

Current through Register Vol. 39, No. 6, September 16, 2024

Section 18A .0302 - PERMITS

(a) It shall be unlawful to operate any of the following facilities without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division of Marine Fisheries:

(1) depuration facilities;

(2) repacking plants;

(3) shellstock plants; and

(4) shucking and packing plants.

(b) It shall be unlawful to operate as a shellfish dealer without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division.

(c) It shall be unlawful to operate as a reshipper without first obtaining a Shellfish Dealer Permit and Certificate of Compliance from the Division if shellfish are purchased and shipped out of state.

(d) Approval for wet storage of shellstock shall be granted only to persons permitted pursuant to this Rule.

(e) Application for a permit shall be submitted in writing to the Division. Application forms may be obtained from the Division, P.O. Box 769, 3441 Arendell Street, Morehead City, NC 28557. The application shall include the following information:

(1) permittee's full name;

(2) permittee's date of birth;

(3) facility or business name;

(4) physical address of facility;

(5) permittee's mailing address;

(6) season of facility operation;

(7) permittee's signature; and

(8) date permittee signed the form.

(f) No permit shall be issued by the Division until an inspection by the Division shows that the facility and equipment comply with all applicable Rules in Sections .0300 through .0800 of this Subchapter. The owner or responsible individual shall sign the completed inspection sheet to acknowledge receipt of the inspection sheet.

(g) All permits shall be posted in a conspicuous place in the facility.

(h) All permits shall expire on April 30 of each year and are non-transferrable.

(i) Plans and specifications for proposed new construction, expansion of operations, or changes in operating processes shall be submitted to the Division for review and approval prior to beginning construction or making a change.

(j) A permit may be revoked or suspended in accordance with 15A NCAC 03O .0504.

15A N.C. Admin. Code 18A .0302

Authority G.S. 130A-230;
Eff. February 1, 1987;
Amended Eff. April 1, 1997.

Authority 113-134; 113-182; 113-221.2; 143B-289.52;
Eff. 2/1/1987;
Amended Eff. 4/1/1997;
Readopted Eff. 3/15/2023.

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

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