subchapter 03k - OYSTERS, CLAMS, SCALLOPS, AND MUSSELS

section .0100 – shellfish, general

15A NCAC 03K .0101      PROHIBITED activities in pOLLUTED SHELLFISH AREAS

(a)  It shall be unlawful to possess, sell, or take oysters, clams, or mussels from areas that have been designated as polluted by proclamation by the Fisheries Director except as provided in Rules .0103, .0104, .0107, and .0401 of this Subchapter. The Fisheries Director shall issue shellfish polluted area proclamations if criteria for approved shellfish harvest areas in accordance with 15A NCAC 18A .0900 have not been met. The Fisheries Director may reopen any such closed area by proclamation if criteria for approved shellfish harvest areas in accordance with 15A NCAC 18A .0900 have been met. Copies of these proclamations and maps of these areas are available upon request at the Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557; 800-682-2632 or 252- 726‑7021.

(b)  The Fisheries Director may, by proclamation, close areas to the taking of oysters, clams, scallops, and mussels to protect the shellfish populations for management purposes or for protection of public health related to the public health programs that fall under the authority of the Marine Fisheries Commission not specified in Paragraph (a) of this Rule.

(c)  It shall be unlawful to possess or sell oysters, clams, or mussels taken from polluted waters outside North Carolina, except as provided in 15A NCAC 03I .0104.

History Note:        Authority G.S. 113‑134; 113-168.5; 113-169.2; 113‑182; 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;

Readopted Eff. March 15, 2023.