NC Register Volume 23 Issue 09 - Office of Administrative Hearings

More documents

Recommendations

Info

APPROVED RULES 15A NCAC 03L .0209 RECREATIONAL HARVEST OF CRABS 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. History Note: Authority G.S. 113-134; 113-182; 143B- 289.52; Eff. October 1, 2008. 15A NCAC 03M .0102 UNMARKETABLE FINFISH (a) It is unlawful to land finfish if in violation of minimum size or possession limits established by rule or proclamation. (b) It is unlawful to land finfish taken in connection with commercial fishing operations which are unmarketable as individual finfish by reason of size, except a quantity not exceeding 5,000 pounds per vessel per day may be sold to a dealer that is licensed under G.S. 113-169.3(f)(6), (7) and (8). (c) Menhaden, Atlantic thread herring, gizzard shad, and pinfish are exempt from this Rule. History Note: Authority G.S. 113-134; 113-185; 143B-289.52; Eff. January 1, 1991; Amended Eff. October 1, 2008. 15A NCAC 03M .0201 GENERAL (a) Striped bass is defined as striped bass (Morone saxatilis) and its hybrids taken in coastal and joint waters. (b) Hook-and-line fishing equipment is not commercial fishing equipment in the striped bass fishery. It is unlawful to sell or purchase striped bass taken by hook-and-line. Striped bass taken legally with hook-and-line may be possessed and transported. (c) It is unlawful to possess striped bass imported from other states less than 18 inches long (total length). (d) It is unlawful to import, buy, sell, transport, offer to buy or sell, or possess striped bass except during any: (1) open striped bass season established for internal coastal waters; (2) open striped bass season established for the Atlantic Ocean; or (3) open striped bass season of another state without possession of the following: (A) A bill of lading as described in 15A NCAC 03I .0114; (B) A numbered, state-issued tag from the State of origin affixed through the mouth and gill cover. This tag must remain affixed until processed for consumption by the consumer. (e) The management units and recreational fishery management areas for estuarine striped bass fisheries in coastal North Carolina are designated in 15A NCAC 03R .0201. History Note: Authority G.S. 113-134; 113-182; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1994; September 1, 1991; Temporary Amendment Eff. May 1, 2000; Amended Eff. October 1, 2008; October 1, 2004; April 1, 2001. 15A NCAC 03M .0204 SEASON, SIZE AND HARVEST LIMIT: ATLANTIC OCEAN It is unlawful to possess striped bass taken from the Atlantic Ocean less than the size limit as determined by the Atlantic States Marine Fisheries Commission in their Interstate Fisheries Management Plan for striped bass. The Fisheries Director shall issue proclamations necessary to bring North Carolina's size limit in compliance with the Interstate Fisheries Management Plan. History Note: Authority G.S. 113-134; 113-182; 113-221; 113-221.1; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1996; Temporary Amendment Eff. October 1, 1996; Amended Eff. October 1, 2008; July 1, 1998. 15A NCAC 03M .0301 SPANISH AND KING MACKEREL (a) Spanish Mackerel: (1) It is unlawful to possess Spanish mackerel less than 12 inches fork length. (2) It is unlawful to possess more than 15 Spanish mackerel per person per day taken for recreational purposes. (3) It is unlawful to possess more than 15 Spanish mackerel per person per day in the Atlantic Ocean beyond three miles in a commercial fishing operation except for persons holding a valid National Marine Fisheries Service Spanish Mackerel Commercial Vessel Permit. (b) King mackerel: (1) It is unlawful to possess king mackerel less than 24 inches fork length. (2) It is unlawful to possess more than three king mackerel per person per day taken for recreational purposes. (3) It is unlawful to possess more than three king mackerel per person per day in the Atlantic Ocean: (A) (B) by hook and line except for persons holding a valid National Marine Fisheries Service King Mackerel Commercial Vessel Permit; or between three miles and 200 miles from the State's mean low water mark in a commercial fishing operation except for persons holding a valid National Marine Fisheries Service King Mackerel Commercial Vessel Permit. (4) It is unlawful to use gill nets in the Atlantic Ocean to take more than three king mackerel per person per day south of 34° 37.3000' N (Cape Lookout). (c) Charter vessels or head boats that hold a valid National Marine Fisheries Service Coastal Migratory Pelagic (Charter 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 866
APPROVED RULES Boat and Head Boat) permit must comply with the Spanish mackerel and king mackerel possession limits established in Subparagraphs (a)(2) and (b)(2) of this Rule when fishing with more than three persons (including the captain and mate) on board. (d) It is unlawful to possess aboard or land from a vessel, or combination of vessels that form a single operation, more than 3,500 pounds of Spanish or king mackerel, in the aggregate, in any one day. 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. January 1, 2000; July 1, 1999; Amended Eff. October 1, 2008; August 1, 2002; April 1, 2001. 15A NCAC 03M .0401 SEASON AND AREAS 15A NCAC 03M .0402 FOODFISH PROHIBITED 15A NCAC 03M .0403 FISHING ON WEEKENDS AND HOLIDAYS PROHIBITED 15A NCAC 03M .0404 FISH SPILL REPORTING MANDATORY History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.52; Eff. January 1, 1991; Amended Eff. May 1, 1997; Repealed Eff. October 1, 2008. 15A NCAC 03M .0501 RED DRUM (a) It is unlawful to remove red drum from any type of net with the aid of any boat hook, gaff, spear, gig, or similar device. (b) It is unlawful to possess red drum less than 18 inches total length or greater than 27 inches total length. (c) It is unlawful to possess more than one red drum per person per day taken-by hook-and-line or for recreational purposes. (d) The annual commercial harvest limit (September 1 through August 31) for red drum is 250,000 pounds. If the harvest limit is projected to be taken, the Fisheries Director shall, by proclamation, prohibit possession of red drum taken in a commercial fishing operation. History Note: Authority G.S. 113-134; 113-182; 113-221; 113-221.1; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1996; October 1, 1992; September 1, 1991; Temporary Amendment Eff. May 1, 2000; July 1, 1999; October 22, 1998; Amended Eff. April 1, 2001; Temporary Amendment Eff. May 1, 2001; Amended Eff. October 1, 2008; August 1, 2002. 15A NCAC 03M .0504 TROUT (a) It is unlawful to possess spotted seatrout (speckled trout) less than 12 inches total length. (b) It is unlawful to possess more than 10 spotted seatrout per person per day taken by hook-and-line or for recreational purposes. History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.52; Eff. January 1, 1991; Amended Eff. March 1, 1996; March 1, 1995; February 1, 1992; Temporary Amendment Eff. September 9, 1996; Temporary Amendment Eff. October 1, 1996; Amended Eff. April 1, 1997; Temporary Amendment Eff. July 1, 1999; Amended Eff. October 1, 2008; August 1, 2000. 15A NCAC 03M .0505 SHARK History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.4; Eff. January 1, 1991; Amended Eff. September 1, 1991; Repealed Eff. October 1, 2008. 15A NCAC 03M .0506 SNAPPER-GROUPER COMPLEX (a) In the Atlantic Ocean, it is unlawful for an individual fishing under a Recreational Commercial Gear License with seines, shrimp trawls, pots, trotlines or gill nets to take any species of the Snapper-Grouper complex. (b) The species of the snapper-grouper complex listed in the South Atlantic Fishery Management Council Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region are hereby incorporated by reference and copies are available via the Federal Register posted on the Internet at www.safmc.net 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; 113-221; 143B-289.52; Eff. January 1, 1991; Amended Eff. April 1, 1997; March 1, 1996; September 1, 1991; Temporary Amendment Eff. December 23, 1996; Amended Eff. August 1, 1998; April 1, 1997; Temporary Amendment Eff. January 1, 2002; August 29, 2000; January 1, 2000; May 24, 1999; Amended Eff. October 1, 2008; May 1, 2004; July 1, 2003; April 1, 2003; August 1, 2002. 15A NCAC 03M .0511 BLUEFISH It is unlawful to possess more than 15 bluefish per person per day for recreational purposes. Of these 15 bluefish, it is unlawful to possess more than five bluefish that are greater than 24 inches total length. History Note: Authority G.S. 113-134; 113-182; 113-221; 143B-289.52; Eff. March 1, 1994; Amended Eff. March 1, 1996; Temporary Amendment Eff. September 9, 1996; Amended Eff. April 1, 1997; Temporary Amendment Eff. July 1, 1999; 23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008 867
Page 1 and 2:
NORTH CAROLINA REGISTER VOLUME 23
Page 3 and 4:
NORTH CAROLINA REGISTER Publication
Page 5 and 6:
EXECUTIVE ORDERS 23:09 NORTH CAROLI
Page 7 and 8:
IN ADDITION RESOLUTION APPROVING WA
Page 9 and 10:
IN ADDITION NOTICE OF RULE MAKING P
Page 11 and 12:
IN ADDITION (3) Add standard to Sec
Page 13 and 14:
IN ADDITION SUMMARY OF NOTICE OF IN
Page 15 and 16:
PROPOSED RULES 02 NCAC 09L .0803 ST
Page 17 and 18:
PROPOSED RULES (b) All bulk pestici
Page 19 and 20:
PROPOSED RULES (b) An area program
Page 21 and 22:
PROPOSED RULES Emergency Medical Te
Page 23 and 24:
PROPOSED RULES Company/Campus Polic
Page 25 and 26:
PROPOSED RULES Commission. Any desi
Page 27 and 28:
PROPOSED RULES (C) Law Enforcement
Page 29 and 30:
PROPOSED RULES Authority G.S. 17C-6
Page 31 and 32:
PROPOSED RULES Authority G.S. 17C-6
Page 33 and 34:
PROPOSED RULES (sss) 20-138.2 Impai
Page 35 and 36:
PROPOSED RULES when the Commission
Page 37 and 38:
PROPOSED RULES (b) If the credentia
Page 39 and 40:
PROPOSED RULES 21 NCAC 31 .0506 SUP
Page 41 and 42:
PROPOSED RULES 150B-21.3(b2) from 1
Page 43 and 44:
PROPOSED RULES must supplement the
Page 45 and 46:
PROPOSED RULES must submit five ref
Page 47 and 48:
PROPOSED RULES (3) Shall issue no s
Page 49 and 50:
PROPOSED RULES of fifty sixty dolla
Page 51 and 52:
PROPOSED RULES (5) Upon review of t
Page 53 and 54:
PROPOSED RULES perimeter of the par
Page 55 and 56:
PROPOSED RULES (6) A list or note s
Page 57 and 58:
PROPOSED RULES (1) Class of LIS/GIS
Page 59 and 60:
PROPOSED RULES sponsors shall indic
Page 61 and 62:
APPROVED RULES This Section include
Page 63 and 64:
APPROVED RULES Licensure Procedures
Page 65 and 66:
APPROVED RULES Kitchen 10A NCAC 70K
Page 67 and 68:
APPROVED RULES These rules are subj
Page 69 and 70:
APPROVED RULES examination and pass
Page 71 and 72:
APPROVED RULES employment or volunt
Page 73 and 74:
APPROVED RULES (d) The chamber shal
Page 75 and 76:
APPROVED RULES one bed shall not be
Page 77 and 78:
APPROVED RULES (e) A governmental a
Page 79 and 80:
APPROVED RULES (4) signed statement
Page 81 and 82:
APPROVED RULES Eff. February 1, 198
Page 83 and 84:
APPROVED RULES Eff. October 1, 2008
Page 85 and 86:
APPROVED RULES (C) (D) demographic
Page 87 and 88:
APPROVED RULES History Note: Author
Page 89 and 90:
APPROVED RULES evaluate and reduce
Page 91 and 92:
APPROVED RULES History Note: Author
Page 93 and 94:
APPROVED RULES provisions of Chapte
Page 95 and 96: APPROVED RULES (13) "Owner" means a
Page 97 and 98: APPROVED RULES which shall be maint
Page 99 and 100: APPROVED RULES (6) ensure that the
Page 101 and 102: APPROVED RULES (3) the process for
Page 103 and 104: APPROVED RULES (1) Direct care serv
Page 105 and 106: APPROVED RULES with a specific effo
Page 107 and 108: APPROVED RULES medical examination
Page 109 and 110: APPROVED RULES damaged, adulterated
Page 111 and 112: APPROVED RULES (C) (D) (E) (F) the
Page 113 and 114: APPROVED RULES 10A NCAC 70I .0708 L
Page 115 and 116: APPROVED RULES (f) A room where acc
Page 117 and 118: APPROVED RULES (c) Air conditioning
Page 119 and 120: APPROVED RULES site and frequency,
Page 121 and 122: APPROVED RULES monitoring the work
Page 123 and 124: APPROVED RULES (2) a summary of the
Page 125 and 126: APPROVED RULES 10A NCAC 70K .0207 C
Page 127 and 128: APPROVED RULES (h) The applicant fo
Page 129 and 130: APPROVED RULES 10A NCAC 70K .0313 F
Page 131 and 132: APPROVED RULES safety or well being
Page 133 and 134: APPROVED RULES (b) The application
Page 135 and 136: APPROVED RULES Alliance of Public H
Page 137 and 138: APPROVED RULES gear and within 100
Page 139 and 140: APPROVED RULES (b) Fish habitat are
Page 141 and 142: APPROVED RULES Commercial Gear Lice
Page 143 and 144: APPROVED RULES established bed of s
Page 145: APPROVED RULES (4) Tags shall conta
Page 149 and 150: APPROVED RULES (b) Persons holding
Page 151 and 152: APPROVED RULES 15A NCAC 03O .0402 A
Page 153 and 154: APPROVED RULES 15A NCAC 03R .0117 O
Page 155 and 156: APPROVED RULES Amended Eff. October
Page 157 and 158: RULES REVIEW COMMISSION Out of Cycl
Page 159 and 160: RULES REVIEW COMMISSION Amend/* The
Page 161 and 162: RULES REVIEW COMMISSION Repeal/* Th
Page 163 and 164: RULES REVIEW COMMISSION Separation:
Page 165 and 166: CONTESTED CASE DECISIONS A list of
Page 167 and 168: CONTESTED CASE DECISIONS One Love D
Page 169 and 170: CONTESTED CASE DECISIONS Stridemark
show all

NC Register Volume 23 Issue 09 - Office of Administrative Hearings

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?