Various readopted marine fisheries rules take effect today
37 readopted fisheries rules become effective today, which generally pertain to permit and application timeframes, as well as corrections to grammar or typographical errors.
The rules, readopted under a state-mandated periodic review schedule (G.S. 150B-21.3A), include existing fisheries rules 15A NCAC 03I .0101 (Definitions); 15A NCAC 03O .0203, .0205-.0208, and .0210 (Shellfish Leases and Franchises); and 15A NCAC 03P .0101 (Request for Review of License, Permit, or Certificate Denial).
The changes to 15A NCAC 03P .0101 (Request for Review of License, Permit, or Certificate Denial) apply to notices of suspension or revocation of a permit. It shortens the time that a permittee has, after receiving the notice, to submit a statement in writing that he or she is in compliance with the permit requirements before suspension or revocation proceedings begin. The changes shorten the period from 15 days to:
- Five days for permits related to endangered or threatened species or species managed by a quota; or
- 10 days for all other permits.
The changes also shorten the time the N.C. Division of Marine Fisheries has, after receiving the written statement, to review it and notify the permittee of its determination. The changes shorten the period from 15 days to 10 days.
Changes to 15A NCAC 03O .0203, .0205-.0208, and .0210 (Shellfish Leases and Franchises) streamline and shorten processes for shellfish lease applications, application grievances by the public, and lease production reporting requirements.
Other rule changes are conforming in nature, correct grammar or typographical errors, or update agency names.
Text of the rules can be found on the Division of Marine Fisheries website at https://deq.nc.gov/DMF-Rules.
The rules were readopted by the N.C. Marine Fisheries Commission at its February 2022 meeting. Other rules readopted at this meeting are still in the final approval process.