subchapter 03k - OYSTERS, CLAMS, SCALLOPS AND MUSSELS
section .0100 – shellfish, general
15A NCAC 03K .0101 PROHIBITED SHELLFISH AREAS/ACTIVITIES
(a) It is unlawful to possess, sell, or take oysters, clams
or mussels from areas which have been designated as prohibited (polluted) by
proclamation by the Fisheries Director except as provided in 15A NCAC 03K
.0103, .0104, .0107, and .0401. The Fisheries Director shall issue such
proclamations upon notice by the Division of Environmental Health that duly
adopted criteria for approved shellfish harvest areas have not been met. The
Fisheries Director may reopen any such closed area upon notification from the
Division of Environmental Health that duly adopted criteria for approved
shellfish harvest areas have been met. Copies of these proclamations and maps
of these areas are available upon request at the Division of Marine Fisheries,
3441 Arendell St., Morehead City, NC 28557; (252) 726‑7021.
(b) The Fisheries Director may, by proclamation, close areas
to the taking of oysters, clams, scallops and mussels in order to protect the
shellfish populations for management purposes or for public health purposes not
specified in Paragraph (a) of this Rule.
(c) It is unlawful to possess or sell oysters, clams, or
mussels taken from polluted waters outside North Carolina.
History Note: Authority G.S. 113‑134; 113-168.5;
113-169.2; 113‑182; 113‑221; 113-221.1; 143B‑289.52;
Eff. January 1, 1991;
Amended Eff. July 1, 1993;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. October 1, 2008; April 1, 2003.