15A NCAC 03K .0209      OYSTER SANCTUARIES

(a)  For the purpose of this Rule and 15A NCAC 03R .0117, "Oyster Sanctuary" shall mean a type of artificial reef and shellfish producing habitat constructed for the purpose of oyster restoration that is managed to sustain populations of oyster broodstock. An Oyster Sanctuary is constructed to maximize habitat complexity and designed to meet its intended function for a minimum of 30 years.

(b)  The Fisheries Director may, by proclamation, close Oyster Sanctuary areas designated in 15A NCAC 03R .0117 to the use of specific fishing gears based on biological impacts or user conflicts.

(c)  The Fisheries Director may, by proclamation, designate and modify Oyster Sanctuaries based on biological impacts or variable spatial distribution, including shifted material.

(d)  It shall be unlawful to use mechanical methods in, or take shellfish from, Oyster Sanctuaries designated in 15A NCAC 03R .0117 or in accordance with Paragraph (c) of this Rule.

(e)  It shall be unlawful to use a trawl net, long haul seine, or swipe net in any designated Oyster Sanctuary.

History Note:        Authority G.S. 113‑134; 113‑182; 113-201; 113-204; 143B‑289.52;

Eff. October 1, 2008;

Readopted Eff. March 15, 2023.