Current through Register Vol. 39, No. 6, September 16, 2024
(a) To
address user conflicts, the Fisheries Director may, by proclamation, impose any
of the following restrictions:
(1) specify
time;
(2) specify area;
(3) specify means and methods;
(4) specify season; and
(5) specify quantity.
This authority may be used based on the Fisheries
Director's own findings or on the basis of a request made in accordance with
Paragraph (b) of this Rule. The Fisheries Director shall hold a public meeting
in the area of the user conflict prior to issuance of a proclamation based on
his or her own findings.
(b) Request for user conflict resolution:
(1) any person desiring user conflict
resolution may make such request in writing addressed to the Director of the
Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead
City, NC 28557. A request shall contain the following information:
(A) a map of the affected area including an
inset vicinity map showing the location of the area with detail sufficient to
permit on-site identification and location;
(B) identification of the user conflict
causing a need for user conflict resolution;
(C) recommended solution for resolving user
conflict; and
(D) name and address
of the person requesting user conflict resolution.
(2) within 90 days of the receipt of the
information required in Subparagraph (b)(1) of this Paragraph, the Fisheries
Director shall review the information and determine if user conflict resolution
is necessary. If user conflict resolution is not necessary, the Fisheries
Director shall deny the request. If user conflict resolution is necessary, the
Fisheries Director or his or her designee shall hold a public meeting in the
area of the user conflict. The requestor shall present his or her request at
the public meeting.
(3) following
the public meeting as described in Subparagraph (b)(2) of this Paragraph, the
Fisheries Director shall refer the users in the conflict for mediation or deny
the request. If the user conflict cannot be resolved through mediation, the
Fisheries Director shall submit for approval a proclamation to the Marine
Fisheries Commission that addresses the conflict.
(4) proclamations issued under this Rule
shall suspend appropriate rules or portions of rules under the authority of the
Marine Fisheries Commission as specified in the proclamation. The provisions of
Rule .0102 of this Section terminating suspension of a rule pending the next
Marine Fisheries Commission meeting and requiring review by the Marine
Fisheries Commission at the next meeting shall not apply to proclamations
issued under this Rule.
Authority
G.S.
113-134;
113-181;
113-182;
113-221.1;
143B-289.52;
Eff.
May 1, 2015;
Readopted Eff. April 1,
2022.
