15A NCAC 03J .0502       POUND NET SET PERMIT APPLICATION AND PROCESSING

(a)  All initial, renewal, or transfer applications for Pound Net Set Permits, and the operation of such pound net sets, shall comply with the requirements governing all permits as provided in 15A NCAC 03O .0502. The procedures and requirements for obtaining permits are set forth in 15A NCAC 03O .0501.

(b)  Applicants for Pound Net Set permits shall meet the following eligibility requirements as determined by the Fisheries Director:

(1)           the applicant is an individual and not a corporation, partnership, organization, or other entity;

(2)           the applicant has in the past complied with fisheries rules and laws and does not have any licenses under suspension or revocation as set forth in 15A NCAC 03O .0114 or any pound net set permits under suspension or revocation as set forth in 15A NCAC 03O .0504. In addition, a history of habitual fisheries violations evidenced by eight or more convictions as specified in 15A NCAC 03O .0114, G.S. 14-223, Chapter 75A, or G.S. 76-40 in 10 years shall make an individual ineligible.

(3)           the applicant has in the past complied with all permit conditions, rules, and laws related to pound nets.

(4)           the applicant holds proper valid licenses and permits necessary to fish the type of net indicated in the application.

(c)  Applications for Pound Net Set permits shall include the following:

(1)           a base map provided by the Division of Marine Fisheries indicating the proposed set location including an inset vicinity map showing the location of the proposed set with detail sufficient to permit on-site identification and location.

(2)           declaration of the type of pound net that will be deployed at the site. One of the following pound net fisheries shall be specified:

(A)          flounder pound net set;

(B)          bait pound net set;

(C)          shrimp pound net set;

(D)          blue crab pound net set; or

(E)           other finfish pound net set.

(d)  For proposed new locations, the Fisheries Director shall issue a public notice of intent to consider issuance of a Pound Net Set Permit allowing for public comment for 20 days, and after the comment period, may hold public meetings to take comments on the proposed pound net set. If the Director does not approve or deny the application within 90 days of receipt of a complete and verified application, the application shall be deemed denied. The applicant shall be notified of denial in writing. Approval shall be conditional based upon the applicant's continuing compliance with eligibility requirements set out in Paragraph (e) of this Rule and specific conditions contained on the Pound Net Set Permit. The applicant may contest the denial of a Pound Net Set Permit application by filing a petition for a contested case under G.S. 150B-23.

(e)  In order for a site to be deemed suitable for a pound net set, the proposed set location shall meet the following criteria as determined by the Fisheries Director:

(1)           the proposed pound net set, either alone or when considered cumulatively with other existing pound net sets in the area, will not interfere with navigation or with existing, traditional uses of the area other than navigation, and will not violate 15A NCAC 03J .0101 and .0102;

(2)           the proposed pound net set will not interfere with the rights of any riparian or littoral landowner, including the construction or use of piers;

(3)           the proposed pound net set will not, by its proximate location, interfere with existing pound net sets in the area. Flounder or other finfish pound net sets will be a minimum of 1,000 yards, as measured in a perpendicular direction, from any point on a line following the permitted location of existing pound net sets; except

(A)          in Chowan River as referenced in 15A NCAC 03J .0203; and

(B)          for renewal of pound net sets permitted prior to January 1, 2003;

(4)           the proposed shrimp or blue crab pound net set will be a minimum of 300 yards, as measured in a perpendicular direction, from any point on a line following the permitted location of existing pound net sets;

(5)           the proposed pound net set is not located in Core Sound in areas designated in 15A NCAC 03R .0113 except that only those Pound Net Set permits valid within the specified area as of March 1, 1994, may be renewed or transferred subject to the requirements of this Rule; and

(6)           issuance of the proposed Pound Net Set Permit is in compliance with management measures adopted in fishery management plans.

History Note:        Authority G.S. 113-134; 113-169.1; 113-181; 113-182; 113-182.1; 143B-289.52;

Eff. April 1, 2009;

Readopted Eff. June 1, 2022.