subchapter 03l – shrimps, crab, and lobster
section .0100 - shrimp
15A NCAC 03L .0101 SHRIMP HARVEST RESTRICTIONS
(a) It is unlawful to take shrimp until the Fisheries
Director, by proclamation, opens the season.
(b) The Fisheries Director may, by proclamation, impose any
or all of the following restrictions on the taking of shrimp:
(1) specify time;
(2) specify area;
(3) specify means and methods;
(4) specify season;
(5) specify size; and
(6) specify quantity.
History Note: Authority G.S. 113‑134; 113‑182;
113‑221.1; 143B‑289.52;
Eff. January 1, 1991;
Amended Eff. May 1, 2015.
15a ncac 03L .0102 WEEKEND SHRIMPING
PROHIBITED
It is unlawful to take shrimp by any method from 9:00 P.M. on
Friday through 5:00 P.M. on Sunday, except:
(1) in the Atlantic Ocean; or
(2) with the use of fixed and channel nets, hand
seines, shrimp pots and cast nets.
History Note: Authority G.S. 113‑134; 113‑182;
113‑221; 143B‑289.52;
Eff. January 1, 1991;
Amended Eff. August 1, 2004; March 1, 1994.
15A NCAC 03L .0103 PROHIBITED NETS, MESH LENGTHS AND AREAS
(a) It is unlawful to take shrimp with nets with mesh
lengths less than the following:
(1) Trawl net ‑ one and one‑half inches;
(2) Fixed nets, channel nets, float nets,
butterfly nets, and hand seines ‑ one and one‑fourth inches; and
(3) Cast net ‑ no restriction.
(b) It is unlawful to take shrimp with a net constructed in
such a manner as to contain an inner or outer liner of any mesh length. Net
material used as chafing gear shall be no less than four inches mesh length,
except that chafing gear with smaller mesh may be used only on the bottom one‑half
of the tailbag. Such chafing gear shall not be tied in a manner that forms an
additional tailbag.
(c) It is unlawful to take shrimp with trawls that have a
combined headrope of greater than 90 feet in Internal Coastal Waters in the
following areas:
(1) North of the 35° 46.3000' N latitude line;
(2) Core Sound south of a line beginning at a
point 34° 59.7942' N - 76° 14.6514' W on Camp Point; running easterly to a
point 34° 58.7853' N - 76° 09.8922' W on Core Banks; to the South Carolina
State Line;
(3) Pamlico River upstream of a line from a
point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a
point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and
(4) Neuse River southwest of a line from a
point 34° 58.2000' N - 76° 40.5167' W at Winthrop Point on the eastern shore
of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N -
76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.
(d) Effective January 1, 2017 it is unlawful to take shrimp
with trawls that have a combined headrope of greater than 220 feet in Internal
Coastal Waters in the following areas:
(1) Pamlico Sound south of the 35° 46.3000' N
latitude line and north of a line beginning at a point 34° 59.7942' N - 76°
14.6514' W on Camp Point; running easterly to a point 34° 58.7853' N - 76°
09.8922' W on Core Banks;
(2) Pamlico River downstream of a line from a
point 35° 18.5882' N - 76° 28.9625' W at Pamlico Point; running northerly to a
point 35° 22.3741' N - 76° 28.6905' W at Willow Point; and
(3) Neuse River northeast of a line from a
point 34° 58.2000' N - 76° 40.5167' W at Winthrop Point on the eastern shore
of the entrance to Adams Creek; running northerly to a point 35° 01.0744' N -
76° 42.1550' W at Windmill Point at the entrance of Greens Creek at Oriental.
(e) It is unlawful to use a shrimp trawl in the areas
described in 15A NCAC 03R .0114.
(f) It is unlawful to use channel nets except as provided
in 15A NCAC 03J .0106.
(g) It is unlawful to use shrimp pots except as provided in
15A NCAC 03J .0301.
(h) It is unlawful to use a shrimp trawl that does not
conform with the federal rule requirements for Turtle Excluder Devices (TED) as
specified in 50 CFR Part 222.102 Definitions, 50 CFR Part 223.205 (a) and Part
223.206 (d) Gear Requirements for Trawlers, and 50 CFR Part 223.207 Approved TEDs.
These federal rules are incorporated by reference including subsequent
amendments and editions. Copies of these rules are available via the Code of
Federal Regulations posted on the Internet at
http://www.gpoaccess.gov/cfr/index.html and at the Division of Marine
Fisheries, P.O. Box 769, Morehead City, North Carolina 28557 at no cost.
History Note: Authority G.S. 113‑134; 113‑182;
143B‑289.52;
Eff. January 1, 1991;
Amended Eff. May 1, 2015; April 1, 2009; July 1, 2006.
15A NCAC 03L .0104 UNLAWFUL TO USE OR TAKE
History Note: Authority G.S. 113‑134; 113‑182;
143B‑289.52;
Eff. January 1, 1991;
Repealed Eff. April 1, 2009.
15A NCAC 03L .0105 RECREATIONAL SHRIMP LIMITS
It is unlawful to:
(1) Possess from areas open to the harvest of shrimp more
than 48 quarts, heads on or 30 quarts, heads off, of shrimp per person per day
or if a vessel is used, per vessel per day for recreational purposes except as
provided in 15A NCAC 03O .0303(e) and (f).
(2) Take or possess more than four quarts, heads on or
two and one-half quarts, heads off, of shrimp per person per day with a cast
net from areas closed to the taking of shrimp.
History Note: Authority G.S. 113-134; 113-182;
143B-289.52;
Eff. April 1, 2009;
Amended Eff. May 1, 2015; June 1, 2013.
SECTION .0200 – CRABS
15A NCAC 03L .0201 CRAB HARVEST RESTRICTIONS
(a) It is unlawful to possess more than 10 percent by
number in any container, male and immature female hard blue crabs less than
five inches from tip of spike to tip of spike and to fail to return hard blue
crabs not meeting this restriction to the waters from which taken, except the
Fisheries Director may, by proclamation authority established in Paragraph (f)
of this Rule, further restrict the harvest of blue crabs. All blue crabs not
sorted into containers as specified in Paragraph (b) of this Rule shall be
deemed hard blue crabs for the purpose of establishing the 10 percent culling
tolerance.
(b) It is unlawful to possess blue crabs less than five
inches from tip of spike to tip of spike unless individual crabs are sorted to
and placed in separate containers for each of the following categories:
(1) soft crabs;
(2) pink and red-line peeler crabs;
(3) white-line peeler crabs; and
(4) from March 1 through October 31, male crabs
to be used as peeler crab bait.
The Fisheries Director may, by proclamation authority
established in Paragraph (f) of this Rule, further restrict the harvest of blue
crabs.
(c) It is unlawful to possess more than five percent by
number of white-line peelers in a container of pink and red-line peelers,
except the Fisheries Director may, by proclamation authority established in
Paragraph (f) of this Rule, further restrict the harvest of blue crabs.
(d) It is unlawful to:
(1) sell white-line peelers;
(2) possess white-line peelers unless they are
to be used in the harvester's permitted blue crab shedding operation; and
(3) possess male white-line peelers from June 1
through September 1.
The Fisheries Director may, by proclamation authority
established in Paragraph (f) of this Rule, further restrict the harvest of blue
crabs.
(e) It is unlawful to possess more than 50 blue crabs per
person per day, not to exceed 100 blue crabs per vessel per day for
recreational purposes, except the Fisheries Director may, by proclamation
authority established in Paragraph (f) of this Rule, further restrict the
harvest of blue crabs.
(f) In order to comply with management measures adopted in
the N.C. Blue Crab Fishery Management Plan, the Fisheries Director may, by
proclamation, close the harvest of blue crabs and take the following actions
for commercial and recreational blue crab harvest:
(1) specify areas;
(2) specify seasons;
(3) specify time periods;
(4) specify means and methods;
(5) specify culling tolerance; and
(6) specify limits on harvest based on size,
quantity, sex, reproductive stage, or peeler stage.
History Note: Authority G.S. 113-134; 113-182; 113-221.1;
143B-289.52;
Eff. January 1, 1991;
Amended Eff. April 1, 1997; July 1, 1993;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. April 1, 2014; September 1, 2005; August 1,
2000.
15A NCAC 03L .0202 CRAB TRAWLING
(a) It is unlawful to take or possess aboard a vessel crabs
taken by trawl in internal waters except in areas and during such times as the
Fisheries Director may specify by proclamation.
(b) It is unlawful to use a trawl to take crabs that does
not meet mesh length requirements, except as provided in 15A NCAC 03J .0104.
The minimum mesh length to take hard crabs with a trawl is three inches,
except:
(1) The minimum mesh length is four inches in
the area of western Pamlico Sound west of a line beginning at a point 35°
48.3693' N - 75° 43.7232' W on Roanoke Marshes Point; running easterly to a
point 35° 48.3000' N - 75° 37.1167' W near Beacon "1" at the southern
end of Roanoke Island; running southerly to a point 35° 30.7500' N - 75°
40.5667' W near the "S" Beacon at Long Shoal; running southwesterly
to a point 35° 12.6167' N - 76° 04.3833' W near the "BL" Beacon on
Bluff Shoal; running westerly to a point 35° 08.1000' N - 76° 17.5000' W near
the "BI" Beacon at Brant Island Shoal; running southwesterly to a
point 35° 04 .6167' N - 76° 27.8000' W on Point of Marsh; and
(2) The Fisheries Director may, by
proclamation, specify areas other than the area described in Subparagraph
(b)(1) of this Rule for trawl mesh length use and increase the minimum trawl
mesh length to no more than four inches to take hard crabs.
(c) It is unlawful to use a trawl with a mesh length less
than two inches or with a combined total headrope length exceeding 25 feet to
take soft or peeler crabs, except as provided in 15A NCAC 03J .0104.
History Note: Authority G.S. 113-134; 113-182; 113-221.1;
143B-289.52;
Eff. February 1, 1991;
Amended Eff. April 1, 2014; September 1, 2005; August 1,
2004; March 1, 1994; September 1, 1991.
15A NCAC 03L .0203 CRAB DREDGING
(a) It is unlawful to take crabs with dredges except:
(1) from January 1 through March 1 in the area
of Pamlico Sound described in 15A NCAC 03R .0109; and
(2) incidental to lawful oyster dredging
operations in areas not subject to the exception in Subparagraph (a)(1) of this
Rule provided the weight of the crabs shall not exceed:
(A) 50 percent of the total weight of the combined
oyster and crab catch; or
(B) 500 pounds, whichever is less.
The Fisheries Director may, by proclamation authority
established in 15A NCAC 03L .0201, further restrict the use of dredges to take
blue crabs.
(b) It is unlawful to take crabs with dredges between
sunset and sunrise and between sunset on any Saturday and sunrise on the
following Monday, except in the Atlantic Ocean.
History Note: Authority G.S. 113-134; 113-182; 113-221.1;
143B-289.52;
Eff. January 1, 1991;
Amended Eff. April 1, 2014; May 1, 1997.
15A NCAC 03L .0204 CRAB POTS
(a) It is unlawful to take crabs with pots except as
provided in 15A NCAC 03J .0301 and .0302. The Fisheries Director may, by
proclamation authority established in 15A NCAC 03L .0201, further restrict the
use of pots to take blue crabs.
(b) The Fisheries Director may, by proclamation, require
the use of terrapin excluder devices in each funnel entrance in crab pots and
impose the following restrictions concerning terrapin excluder devices:
(1) specify areas;
(2) specify time periods; and
(3) specify means and methods.
History Note: Authority G.S. 113-134; 113-182;
113-221.1; 143B-289.52;
Eff. January 1, 1991;
Amended Eff. April 1, 2014.
15A NCAC 03L .0205 CRAB SPAWNING SANCTUARIES
(a) It is unlawful to set or use trawls, pots, and
mechanical methods for oysters or clams or take crabs with the use of
commercial fishing equipment from the crab spawning sanctuaries described in 15A
NCAC 03R .0110 from March 1 through August 31.
(b) The Fisheries Director may, by proclamation, designate
additional areas as crab spawning sanctuaries and may impose the following restrictions
in any crab spawning sanctuary:
(1) specify areas;
(2) specify time periods;
(3) specify means and methods; and
(4) specify limits on harvest based on size,
quantity, sex, reproductive stage, or peeler stage.
History Note: Authority G.S. 113-134; 113-182; 113-221.1;
143B-289.52;
Eff. January 1, 1991;
Amended Eff. May 1, 1997;
Temporary Amendment Eff. October 2, 1999;
Amended Eff. April 1, 2014; April 1, 2001.
15A NCAC 03L .0206 PEELER CRABS
History Note: Authority G.S. 113-134; 113-182;
143B-289.52;
Temporary Adoption Eff. July 1, 1999;
Eff. August 1, 2000;
Amended Eff. September 1, 2005;
Repealed Eff. April 1, 2014.
15A NCAC 03L .0207 HORSESHOE CRABS
(a) The annual (January through December) commercial quota
for North Carolina for horseshoe crabs is established by the Atlantic States
Marine Fisheries Commission Interstate Fishery Management Plan for Horseshoe
Crab.
(b) The Fisheries Director may, by proclamation, impose any
or all of the following restrictions on the taking of horseshoe crabs to
maintain compliance with the Atlantic States Marine Fisheries Commission
Interstate Fishery Management Plan for Horseshoe Crab:
(1) Specify season;
(2) Specify areas;
(3) Specify quantity;
(4) Specify means and methods; and
(5) Specify size.
(c) Horseshoe crabs taken for biomedical use under a
Horseshoe Crab Biomedical Use Permit are subject to this Rule.
History Note: Authority G.S. 113‑134; 113‑182;
113‑221.1; 143B‑289.52;
Temporary Adoption Eff. August 1, 2000;
Codifier determined that findings did not meet criteria
for temporary rule on October 31, 2000;
Temporary Adoption Eff. December 6, 2000;
Eff. August 1, 2002;
Amended Eff. April 1, 2011.
15A NCAC 03L .0208 STONE CRABS (Menippe mercenaria)
It is unlawful to:
(1) Possess stone crab bodies, or fail to
immediately return stone crab bodies to the waters from which taken;
(2) Remove, take or possess any claw(s) from
June 15 through August 15;
(3) Remove, take or possess any claw(s) from
egg-bearing stone crabs;
(4) Use any device to take stone crabs that can
puncture, crush, or injure the crab body, such as gigs, spears, grabs, hooks,
or similar devices; and
(5) Remove, take or possess stone crab claw(s)
which have a propodus (forearm) less than two and three quarter inches in
length, measured by a straight line from the elbow to the tip of the lower
immovable finger. The propodus (forearm) is defined as the largest section of
the claw assembly that has both a movable and immovable finger and is located
farthest from the body of the crab.
History Note: Authority G.S. 113-134; 113-182;
143B-289.52;
Eff. December 1, 2006.
15A NCAC 03L .0209 RECREATIONAL HARVEST OF CRABS
History Note: Authority G.S. 113-134; 113-182;
143B-289.52;
Eff. October 1, 2008;
Repealed Eff. April 1, 2014.
SECTION .0300 – LOBSTER
15A NCAC 03L .0301 AMERICAN LOBSTER (NORTHERN LOBSTER)
(a) It is unlawful to possess American lobster:
(1) with a carapace less than 3 3/8 inches or
greater than 5 1/4 inches;
(2) which has eggs or from which eggs have been
artificially removed by any method;
(3) meats, detached meats, detached tails or
claws or any other part of a lobster that has been separated from the lobster;
(4) which has an outer shell which has been
speared;
(5) that is a V-notched female lobster. A V-notched
female lobster is any female lobster that bears a notch or indention in the
base of the flipper that is at least as deep as 1/8 inch, with or without setal
hairs. A V-notched female lobster is also any female lobster which is
mutilated in a manner which would hide, obscure or obliterate such a mark; or
(6) in quantities greater than 100 per day or
500 per trip for trips five days or longer taken by gear or methods other than
traps.
(b) American lobster traps not constructed entirely of wood
(excluding heading or parlor twine and the escape vent) must contain a ghost
panel that meets the following specifications:
(1) the opening to be covered by the ghost
panel shall be not less than 3 3/4 inches (9.53 cm) by 3 3/4 inches (9.53 cm);
(2) the panel must be constructed of, or
fastened to the trap with, one of the following untreated materials: wood lath,
cotton, hemp, sisal or jute twine not greater than 3/16 inch (0.48 cm) in
diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch
(0.24 cm) in diameter;
(3) the door of the trap may serve as the ghost
panel, if fastened with a material specified in this Section;
(4) the ghost panel must be located in the
outer parlor(s) of the trap and not the bottom of the trap; and
(5) contains at least one rectangular escape
vent per trap, 2 inches by 5 3/4 inches minimum size, or two circular escape
vents per trap, with a minimum inside diameter of 2 5/8 inches.
History Note: Authority G.S. 113‑134; 113‑182;
113‑221; 143B‑289.52;
Eff. January 1, 1991;
Amended Eff. March 1, 1996;
Temporary Amendment Eff. August 1, 2000;
Amended Eff. April 1, 2009; September 1, 2005; April 1,
2001.
15A NCAC 03L .0302 SPINY LOBSTER
It is unlawful
to:
(1) Possess
a egg bearing spiny lobster or a spiny lobster from which eggs have been
stripped, scrubbed or removed;
(2) Possess
spiny lobster with a carapace length less than 3 inches;
(3) Possess
aboard a vessel or land more than two spiny lobsters per person;
(4) Possess
aboard a vessel or land detached spiny lobster tails; or
(5) Take
spiny lobsters with a gaff hook, spear or similar device. Possession of a
speared, pierced, or punctured spiny lobster is prima facie evidence that
prohibited gear was used.
History Note: Authority G.S. 113‑134; 113‑182;
143B‑289.52;
Eff. January 1, 1991;
Amended Eff. March 1, 1996.
