15A NCAC 03K .0108      DREDGES AND MECHANICAL METHODS PROHIBITED

(a)  It shall be unlawful to use mechanical methods, except mechanical methods for clamming and mechanical methods for oystering as defined in 15A NCAC 03I .0101, to take shellfish.

(b)  It shall be unlawful to use mechanical methods for oystering or clamming to take shellfish not subject to the restrictions in Rules .0201, .0204, .0302, .0304, .0404, .0501, and .0503 of this Subchapter:

(1)           within any established bed of submerged aquatic vegetation as defined in 15A NCAC 03I .0101 or salt water cordgrass (Spartina alterniflora) that may exist together or separately;

(2)           in areas designated in 15A NCAC 03R .0108, except on shellfish leases and franchises with a Permit to Use Mechanical Methods for Shellfish on Shellfish Leases and Franchises;

(3)           in areas designated in Rule .0204 of this Subchapter and 15A NCAC 03R .0103; and

(4)           except following restrictions for the use of mechanical methods specified pursuant to 15A NCAC 03J .0303 and Rules .0201, .0302, .0404, .0501, and .0503 of this Subchapter.

History Note:        Authority G.S. 113-134; 113-182; 113-201; 143B-289.52;

Eff. October 1, 2008;

Readopted Eff. March 15, 2023.