15A NCAC 03K .0202. SIZE LIMIT AND CULLING TOLERANCE

(a)  It is unlawful to possess oysters which have accumulated dead shell, accumulated oyster cultch material, a shell length less than that specified by proclamation, or any combination thereof that exceeds a 10 percent tolerance limit by volume.  In determining whether the tolerance limit is exceeded, the Fisheries Director and his agents may grade all, or any portion, or any combination of portions of the entire quantity being graded, and in cases of violations, may seize and return to public bottom or otherwise dispose of the oysters as authorized by law.

(b)  All oysters shall be culled by the catcher where harvested and all oysters of less than legal size, accumulated dead shell and cultch material, shall be immediately returned to the bottom from which taken.

(c)  This Rule shall not apply to oysters imported from out‑of‑state solely for shucking by shucking and packing plants currently permitted by the Shellfish Sanitation Section of the Division of Environmental Health.

 

History Note:        Authority G.S. 113‑134; 113‑182; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1996; September 1, 1991;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. August 1, 2000.