15A NCAC 03K .0104      PERMITS FOR RELAYING SHELLFISH FROM POLLUTED AREAS

(a)  It shall be unlawful to take shellfish from polluted public waters or franchises for planting on shellfish leases and franchises except as authorized by G.S. 113-203. Shellfish lease and franchise holders shall first obtain a relay permit from the Fisheries Director setting forth the time, area, and method by which such shellfish may be taken. The procedures and requirements for obtaining permits are found in 15A NCAC 03O .0500.

(b)  The application for a relay permit shall be received by the Division of Marine Fisheries at least 15 days prior to the start of relaying activities.

(c)  All relaying activities, including removal, transport, and planting, shall be monitored and observed by the Division.

(d)  The season for relaying shellfish may occur within a specified six week period between the date of the statewide closure of oyster season and June 30, as determined by the Fisheries Director based on the following factors:

(1)           the status of shellfish resources available for harvest from public bottom;

(2)           surface water temperatures that are below 50° F (10° C), when shellfish relay shall not occur;

(3)           market factors affecting sale of shellfish from public bottom; and

(4)           availability of Division of Marine Fisheries staff to monitor and observe the shellfish relaying activity.

(e)  The Fisheries Director, shall close by proclamation any shellfish lease or franchise for which the owner has obtained a permit to relay shellfish from polluted public waters or franchises. The leases and franchises shall remain closed until the Fisheries Director issues a proclamation to reopen the leases and franchises to harvest. The reopening of the leases and franchises shall not occur any sooner than 21 days after the end of the relay season described in Paragraph (d) of this Rule.

History Note:        Authority G.S. 113‑134; 113‑182; 113‑203; 113-221.1; 143B‑289.52;

Eff. January 1, 1991;

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

Temporary Amendment Eff. October 1, 2001;

Amended Eff. April 1, 2003;

Readopted Eff. March 15, 2023.