15a ncac 03k .0404      DREDGES AND MECHANICAL METHODS PROHIBITED AND OPEN SEASON

It shall be unlawful to use mechanical methods for oystering or clamming to take Rangia clams or their shells:

(1)           within 100 feet of any pier;

(2)           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;

(3)           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; and

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

Mechanical methods prohibited by this Rule shall be permitted in areas and at times specified by proclamation as authorized by Rules .0201 and .0302 of this Subchapter.

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

Eff. August 1, 2004;

Readopted Eff. April 1, 2019.