113-181. Duties and powers of Department. (a) It is the duty of the Department to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and estuarine resources. In execution of this duty, the Department may collect such statistics, market information, and research data as is necessary or useful to the […]
113-182. Regulation of fishing and fisheries. (a) The Marine Fisheries Commission is authorized to authorize, license, regulate, prohibit, prescribe, or restrict all forms of marine and estuarine resources in coastal fishing waters with respect to: (1) Time, place, character, or dimensions of any methods or equipment that may be employed in taking fish; (2) Seasons […]
113-182.1. Fishery Management Plans. (a) The Department shall prepare proposed Fishery Management Plans for adoption by the Marine Fisheries Commission for all commercially or recreationally significant species or fisheries that comprise State marine or estuarine resources. Proposed Fishery Management Plans shall be developed in accordance with the Priority List, Schedule, and guidance criteria established by […]
113-183. Unlawful possession, transportation and sale of fish. (a) It is unlawful to possess, transport, offer to transport, sell, offer to sell, receive, buy, or attempt to buy any fish regulated by the Department with knowledge or reason to believe that such fish are illicit. (b) Fish are illicit when taken, possessed, or dealt with […]
113-184. Possession and transportation of prohibited oyster equipment. (a) It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14A under way or at anchor in coastal fishing waters during the regular closed oyster season any scoops, scrapes, dredges, or winders such as are usually or can be used for taking […]
113-185. Fishing near ocean piers; trash or scrap fishing. (a) It is unlawful to fish in the ocean from vessels or with a net within 750 feet of an ocean pier licensed in accordance with G.S. 113-169.4. The prohibition shall be effective when: (1) Buoys or beach markers, placed at the owner’s expense in accordance […]
113-186. Measures for fish scrap and oil. All persons buying or selling menhaden for the purpose of manufacturing fish scrap and oil within the State must buy or sell according to the measure prescribed in this section: 22,000 cubic inches for every 1,000 fish. Each day of failure to use the prescribed measure constitutes a […]
113-187. Penalties for violations of Subchapter and rules. (a) Any person who participates in a commercial fishing operation conducted in violation of any provision of this Subchapter and its implementing rules or in an operation in connection with which any vessel is used in violation of any provision of this Subchapter and its implementing rules […]
113-188. Additional restrictions authorized. The setting out of particular offenses or requirements with regard to specific species of fish or with regard to certain types of equipment does not affect the authority of the Marine Fisheries Commission to make similar additional restrictions not in conflict with the provisions of this Article under authority granted in […]
113-189. Protection of sea turtles, marine mammals, migratory birds, and finfish. (a) It is unlawful to willfully take, harm, disturb or destroy any sea turtles protected under the federal Endangered Species Act of 1973 (Public Law 93-205), as it may be subsequently amended, including green, hawksbill, loggerhead, Kemp’s ridley, and leatherback turtles, or their nests […]
113-190: Recodified as 113-200 by Session Laws 1997-400, s. 6.7.
113-191. Unlawful sale or purchase of fish; criminal and civil penalties. (a) Any person who sells fish in violation of G.S. 113-168.4 or a rule of the Marine Fisheries Commission to implement that section is guilty of a Class A1 misdemeanor. (b) Any person who purchases fish in violation of G.S. 113-169.3 or a rule […]
