Current through Register Vol. 39, No. 6, September 16, 2024
(a) It
is unlawful to leave stakes, anchors, nets, buoys, or floating devices in any
coastal fishing waters when such devices are not being employed in fishing
operations except as otherwise provided by rule or General Statute.
(b) It is unlawful to leave pots in any
coastal fishing waters for more than five consecutive days, when such pots are
not being employed in fishing operations, except upon a timely and sufficient
showing of hardship as defined in Subparagraph (b)(2) of this Rule or as
otherwise provided by General Statute.
(1)
Agents of the Fisheries Director may tag pots with a device approved by the
Fisheries Director to aid and assist in the investigation and identification of
unattended pots. Any such device attached to a pot by agents of the Fisheries
Director must be removed by the individual utilizing the pot within five days
of attachment in order to demonstrate that the pot is being employed in fishing
operations.
(2) For the purposes of
Paragraph (b) of this Rule only, a timely and sufficient showing of hardship in
a commercial fishing operation shall be written notice given to the Fisheries
Director that a mechanical breakdown of the owner's vessel(s) currently
registered with the Division of Marine Fisheries under
G.S.
113-168.6, or the death, illness or
incapacity of the owner of the pot or his immediate family , as defined in
G.S.
113-168, prevented or will prevent employing
such pots in fishing operations more than five consecutive days. The notice,
specifying the time needed because of hardship, shall be received by the
Fisheries Director before any pot is left in coastal fishing waters for five
consecutive days without being employed in fishing operations, and shall state,
in addition to the following, the number and specific location of the pots, and
the date on which the pots will be employed in fishing operations or removed
from coastal fishing waters:
(A) in case of
mechanical breakdown, the notice shall state the commercial fishing vessel
registration number, owner's N.C. motor boat registration number of the
disabled vessel, date disabled, arrangements being made to repair the vessel or
a copy of the work order showing the name, address and phone number of the
repair facility; or
(B) in case of
the death, illness or incapacity of the owner of the pot or his immediate
family, the notice shall state the name of the owner or immediate family
member, the date of death, the date and nature of the illness or incapacity.
The Fisheries Director may require a doctor's verification of the illness or
incapacity.
(3) The
Fisheries Director may, by proclamation, modify the five day requirement, if
necessary due to hurricanes, severe weather or other variable conditions.
Failure to employ in fishing operations or remove from coastal fishing waters
all pots for which notice of hardship is received under this Rule within 14
days of the expiration of the hardship shall be violation of this
Rule.
(c) It is unlawful
to set or have any fishing equipment in coastal fishing waters in violation of
this Section or which contains edible species of fish unfit for human
consumption.
Authority
G.S.
113-134;
113-137;
113-182;
143B-289.52;
Eff.
January 1, 1991;
Amended Eff. March 1, 1996;
Recodified
from 15A
NCAC 03I .0005 Eff. December 17,
1996;
Amended Eff. April 1, 1997;
Temporary Amendment
Eff. July 1, 1999;
Amended Eff. September 1, 2005; August 1,
2000.
