SECTION .0300 ‑ HARD CLAMS (MERCENARIA)

15A NCAC 03K .0301      SIZE AND HARVEST LIMITS OF CLAMS

(a)  It shall be unlawful to take, land, or possess aboard a vessel more than 6,250 hard clams per commercial fishing operation from public bottom in internal waters. It shall be unlawful to take, possess, sell, or purchase any clams (except Rangia or freshwater clams) less than one inch thick except in accordance with Rule .0305 of this Section. Clams shall be culled where harvested and all clams of less than legal size with their shell, shall be immediately returned to the bottom from which they were taken. In determining whether the size and harvest limits have been exceeded, Marine Fisheries Inspectors shall be authorized and empowered to grade all, or any portion, or any combination of portions of the entire quantity being graded, and in cases of violations, may seize and return to public bottom or otherwise dispose of the clams as authorized by law the entire quantity being graded or any portion thereof.

(b)  Size and harvest limits established in Paragraph (a) of this Rule and the season and area limitations established in Rule .0302 of this Section may or may not apply for:

(1)           harvest limits for temporary openings consistent with the requirements of 15A NCAC 18A .0900 and the North Carolina Hard Clam Fishery Management Plan;

(2)           maintenance dredging operations, when clams would otherwise be destroyed, upon approval by the Division of Marine Fisheries and consistent with the North Carolina Hard Clam Fishery Management Plan; or

(3)           relaying of clams from polluted waters to private shellfish bottom as permitted by Rule .0104 of this Subchapter.

History Note:        Authority G.S. 113‑134; 113-136; 113-137; 113‑182; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Readopted Eff. March 15, 2023.