15A NCAC 03K .0302. MECHANICAL HARVEST SEASON

(a)  It is unlawful to take, buy, sell, or possess any clams taken by mechanical methods from public bottom except that the Fisheries Director may, by proclamation, open and close the season at any time in the Atlantic Ocean and only between December 1 through March 31 in internal waters for the use of mechanical clam harvesting gear.  The Fisheries Director is further empowered to impose any or all of the following restrictions:

(1)           specify number of days;

(2)           specify areas;

(3)           specify time period;

(4)           specify quantity or size; and

(5)           specify means/methods.  Any proclamation specifying means or methods must be approved by the Marine Fisheries Commission prior to issuance.

(b)  The Fisheries Director may, by proclamation, open only areas in Core and Bogue Sounds, Newport, North, White Oak and New Rivers and the Intracoastal Waterway north of "BC" Marker at Topsail Beach which have been opened at any time from January, 1979, through September, 1988, to the harvest of clams by mechanical methods.  The Fisheries Director may, by proclamation, open the Atlantic Ocean and the area or any portion of the area in Pamlico Sound bounded by a line beginning on Portsmouth Island at a point 35° 01.5000' N - 76° 06.0000' W; running northerly to a point 35° 06.0000' N - 76° 06.0000' W; running westerly to a point 35° 06.0000' N - 76° 10.0000' W; running southerly to a point 35° 01.5000' N - 76° 10.0000' W; running easterly to the point of beginning to the harvest of clams by mechanical methods.  Other areas opened for purposes as set out in 15A NCAC 03K .0301(b) shall open only for those purposes.

 

History Note:        Authority G.S. 113‑134; 113‑182; 113‑221; 143B‑289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. April 1, 2003.