15A NCAC 03K .0208      SEED OYSTER MANAGEMENT AREAS

(a)  For the purpose of this Rule and 15A NCAC 03R .0116, "Seed Oyster Management Area" shall mean a shellfish producing habitat area located in open harvest waters that has environmental conditions unsuitable for shellfish growth and survival that is designated to establish a localized regulatory strategy to allow the transfer of oysters to shellfish leases or franchises that have more suitable environmental conditions for further grow-out.

(b)  The Fisheries Director may, by proclamation, modify or close Seed Oyster Management Areas designated in 15A NCAC 03R .0116 for the protection of public health related to the public health programs under the authority of the Marine Fisheries Commission.

(c)  It shall be unlawful to take oysters from Seed Oyster Management Areas designated in 15A NCAC 03R .0116 for planting on shellfish leases or franchises without first obtaining a Permit to Transplant Oysters from Seed Oyster Management Areas from the Fisheries Director. The procedures and requirements for obtaining permits are set forth in 15A NCAC 03O .0501.

(d)  It shall be unlawful to use a trawl net, long haul seine, or swipe net in any designated Seed Oyster Management Area.

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

Eff. October 1, 2008;

Readopted Eff. March 15, 2023.