15A NCAC 10C .0402      TAKING NONGAME FISHES by special device FOR BAIT OR PERSONAL CONSUMPTION

(a)  The use of equipment specified in this Rule requires a valid license that provides basic inland fishing privileges.

(b)  It is unlawful to take nongame fish for bait or personal consumption in the inland waters of North Carolina using equipment other than:

(1)           a net of dip net design not greater than six feet across;

(2)           a seine of not greater than 12 feet in length (except in Lake Waccamaw in Columbus County where there is no length limitation) and with a bar mesh measure of not more than one-fourth inch;

(3)           a cast net;

(4)           a bow net for the seasons and waters in which the use of bow nets is authorized in 15A NCAC 10C .0407;

(5)           a dip net when used in conjunction with a licensed hand-crank electrofisher;

(6)           a gig (except in Public Mountain Trout Waters);

(7)           up to three traps for the seasons and waters in which the use of traps is authorized in 15A NCAC 10C .0407;

(8)           up to two eel pots;

(9)           a spear gun for the seasons and waters in which the use of a spear gun is authorized in 15A NCAC 10C .0407;

(10)         minnow traps not exceeding 12 inches in diameter and 24 inches in length, with funnel openings not exceeding one inch in diameter, from which all fish and animals are removed daily, and that are labeled with the user's Wildlife Resources Commission customer number or name and address;

(11)         a hand-held line with a single bait attached;

(12)         a single, multiple-bait line for taking crabs not to exceed 100 feet in length, marked on each end with a solid float no less than five inches in diameter, bearing legible and indelible identification of the user's name and address, and under the immediate control and attendance of the person using the device, with a limit of one line per person and no more than one line per vessel; or

(13)         a collapsible crab trap with the largest open dimension not greater than 18 inches and that by design is collapsed at all times when in the water, except when it is being retrieved or lowered to the bottom, with a limit of one trap per person.

(c)  It is unlawful to sell nongame fishes or aquatic animals taken under this Rule.

(d)  Game fishes taken shall be returned unharmed to the water, except for the following:

(1)           American and hickory shad may be taken when captured with dip nets and bow nets from March 1 through April 30 subject to the size and creel limits specified in 15A NAC 10C .0313.

(2)           white perch may be taken when captured in a cast net being used to collect nongame fishes for bait or personal consumption in all impounded waters west of I-95 and in the Tar River Reservoir (Nash County) subject to the size and creel limits specified in 15A NCAC 10C .0319.

(e)  No person shall take or possess during one day more than 200 nongame fish, in aggregate, for bait or personal consumption, accounting for species specific size and creel limits identified in Section .0400 of this Subchapter.

(f)  Any fishes taken for bait purposes are included within the daily possession limit for that species.

(g)  It is unlawful to take nongame fish for bait from the following waters:

(1)           Public Mountain Trout Waters (except in impounded waters of power reservoirs and municipally-owned water supply reservoirs);

(2)           Bear Creek in Chatham County;

(3)           Deep River in Chatham, Lee, and Moore counties and downstream of Coleridge Dam in Randolph County;

(4)           Fork Creek in Randolph County; and

(5)           Rocky River in Chatham County.

History Note:        Authority G.S. 113-134; 113-272; 113-272.3; 113-292;

Eff. February 1, 1976;

Amended Eff. July 1, 2000; July 1, 1998; July 1, 1993; July 1, 1992; May 1, 1992; July 1, 1989;

Temporary Amendment Eff. July 1, 2001;

Amended Eff. July 18, 2002;

Temporary Amendment Eff. June 1, 2003;

Amended Eff. June 1, 2004 (this amendment replaces the amendment approved by RRC on July 17, 2003);

Amended Eff. August 1, 2019; August 1, 2018; August 1, 2017; August 1, 2016; August 1, 2015; August 1, 2014; August 1, 2013; August 1, 2010; May 1, 2008; May 1, 2007; May 1, 2006;

Readopted Eff. August 1, 2021;

Temporary Amended Eff. September 1, 2022;

Amended Eff. March 15, 2023.