Current through Register Vol. 39, No. 6, September 16, 2024
(a) In accordance with
G.S.
113-267, this Rule shall apply to replacement
costs of fish that have been taken, injured, removed, harmfully altered,
damaged, or destroyed. Fish, as used throughout this Rule, is defined in
G.S.
113-129(7).
(b) The relative value of fish species shall
be considered only as they may bear on the necessity or desirability of actual
replacement.
(c) Determining
replacement costs: the replacement costs of species of fishes that have been
taken, injured, removed, harmfully altered, damaged, or destroyed shall be
determined as set forth in this Paragraph. The weight of each undersized fish
shall be adjusted to the average weight of a fish on the minimum legal size
established by the Marine Fisheries Commission for that species in a rule of
the Marine Fisheries Commission or a proclamation issued pursuant to a rule of
the Marine Fisheries Commission. The replacement cost shall be calculated based
on the greater of either:
(1) the cost of
propagating and rearing the species in a hatchery and the cost of transporting
them to areas of suitable habitat; or
(2) the average annual ex-vessel value of
fish species per pound.
(d) The cost of propagating, rearing, and
transporting the fish and the average annual ex-vessel value of fish species
per pound shall be taken from the Division of Marine Fisheries annual
statistical report for the calendar year next preceding the year in which the
offense was committed. When the cost of propagating, rearing, or transporting a
particular species is not available, replacement costs shall be calculated
based upon the average annual ex-vessel value of the species. When neither the
cost of propagating, rearing, or transporting a particular species, nor the
average annual ex-vessel value of the species is available, replacement costs
shall be determined according to the following factors:
(1) whether the species is classified as
endangered or threatened;
(2) the
relative frequency of occurrence of the species in the State;
(3) the extent of existing habitat suitable
for the species within the State;
(4) the dependency of the species on unique
habitat requirements;
(5) the cost
of improving and maintaining suitable habitat for the species;
(6) the cost of capturing the species in
areas of adequate populations and transplanting them to areas of suitable
habitat with low populations;
(7)
the availability of the species and the cost of acquisition for restocking
purposes;
(8) the cost of those
species that when released, have a probability of survival in the wild;
and
(9) the ratio between the
natural life expectancy of the species and the period of its probable survival
when, having been reared in a hatchery, it is released to the wild.
(e) Replacement costs shall be
assessed for the following fish:
(1) Alewife
(River Herring);
(2)
Amberjacks;
(3) Anglerfish
(Goosefish);
(4)
Bluefish;
(5) Bonito;
(6) Butterfish;
(7) Carp;
(8) Catfishes;
(9) Cobia;
(10) Croaker, Atlantic;
(11) Cutlassfish, Atlantic;
(12) Dolphinfish;
(13) Drum, Black;
(14) Drum, Red (Channel Bass);
(15) Eels;
(16) Flounders;
(17) Flounders, Fluke;
(18) Garfish;
(19) Gizzard Shad;
(20) Groupers;
(21) Grunts;
(22) Hakes;
(23) Harvestfish;
(24) Herring, Thread;
(25) Hickory Shad;
(26) Hogfish;
(27) Jacks;
(28) Kingfishes (Sea Mullet);
(29) Mackerel, Atlantic;
(30) Mackerel, King;
(31) Mackerel, Spanish;
(32) Menhaden, Atlantic;
(33) Mullets;
(34) Perch, White;
(35) Perch, Yellow;
(36) Pigfish;
(37) Pompano;
(38) Porgies;
(39) Scup;
(40) Sea Basses;
(41) Seatrout, Spotted;
(42) Shad (American);
(43) Sharks;
(44) Sharks, Dogfish;
(45) Sheepshead;
(46) Skippers;
(47) Snappers;
(48) Spadefish, Atlantic;
(49) Spot;
(50) Striped Bass;
(51) Swellfishes (Puffers);
(52) Swordfish;
(53) Tilefish;
(54) Triggerfish;
(55) Tuna;
(56) Wahoo;
(57) Weakfish (Grey Trout);
(58) Whiting;
(59) Wreckfish;
(60) Unclassified Fish;
(61) Brown Shrimp;
(62) Pink Shrimp;
(63) Rock Shrimp;
(64) White Shrimp;
(65) Unclassified Shrimp;
(66) Clam, Hard;
(67) Conchs;
(68) Crabs, Blue, Hard;
(69) Crabs, Blue, Soft;
(70) Octopus;
(71) Oyster;
(72) Scallop, Bay;
(73) Scallop, Calico;
(74) Scallop, Sea;
(75) Squid; and
(76) Unclassified Shellfish.
(f) Cost of investigations:
(1) factors to be considered: upon any
investigation required as provided by
G.S.
143-215.3(a)(7) or by court
order for the purpose of determining the cost of replacement of marine and
estuarine resources that have been killed, taken, injured, removed, harmfully
altered, damaged, or destroyed, the factors to be considered in determining the
cost of the investigation shall be as follows:
(A) the time expended by the employee or
employees making the investigation, including travel time between the place of
usual employment and the site of the investigation, and the time required in
formulating and rendering the report;
(B) the cost of service to the state of each
employee concerned, including annual salary, hospitalization insurance, and the
State's contribution to social security taxes and to the applicable retirement
system;
(C) subsistence of the
investigating personnel, including meals, gratuities, and lodging away from
home, when required;
(D) the cost
of all necessary transportation;
(E) the use or rental of boats and motors,
when required;
(F) the cost of
cleaning or repairing any uniform or clothing that may be damaged, soiled, or
contaminated by reason of completing the investigation;
(G) the cost of necessary telephonic
communications; and
(H) any other
expense directly related to and necessitated by the investigation.
(2) computation of costs: in
assessing the cost of time expended in completing the investigation, the time
expended by each person required to take part in the investigation shall be
recorded in hours, the value of which shall be computed according to the ratio
between the annual cost of service of the employee and his or her total annual
working hours (2087 hours reduced by holidays, annual leave entitlement, and
earned sick leave). Other costs shall be assessed as follows:
(A) subsistence: the per diem amount for
meals, gratuities, and lodging away from home, not to exceed the then current
maximum per diem for state employees;
(B) transportation: total mileage by motor
vehicle multiplied by:
(i) the then current
rate per mile for travel by state-owned vehicle; or
(ii) the then current rate per mile for
travel by privately-owned vehicle, as applicable;
(C) boat and motor: ten dollars ($10.00) per
hour;
(D) uniform and clothing
cleaning and repair: actual cost;
(E) telephonic communications: actual cost;
and
(F) other expenses: actual
cost.
Authority
G.S.
113-134;
113-182;
113-267;
143B-289.52;
Eff.
March 1, 1995;
Recodified from
15A NCAC
03I .0015 Eff. December 17, 1996;
Readopted Eff. April 1, 2022.
