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APPROVED RULES

(b)  It is unlawful to sell nongame fishes or aquatic animals taken under this Rule.
(c)  Game fishes and their young taken while netting for bait shall be immediately returned unharmed to the water.  
(d)  No person shall take or possess during one day more than 200 nongame fish in aggregate for bait or personal consumption subject to the following restrictions:
(1)No more than 50 eels, none of which may be less than six inches in length, shall be taken or possessed from inland fishing waters; and
(2)No herring (alewife and blueback) that are greater than six inches in length shall be taken or possessed from the inland fishing waters of coastal rivers and their tributaries including Roanoke River downstream of Roanoke Rapids Dam, Tar River downstream of Rocky Mount Mill Dam, Neuse River downstream of Milburnie Dam, Cape Fear River downstream of Buckhorn Dam, Pee Dee River downstream of Blewett Falls Dam, the entire Lumber River including Drowning Creek, and in all other inland fishing waters east of Interstate 95.
(3)No more than 50 crabs per person per day or 100 per vessel per day with a minimum carapace width of five inches (point to point.)
(e)  Any fishes taken for bait purposes are included within the daily possession limit for that species, if one is specified.  
(f)  It is unlawful to take nongame fish for bait or any other fish bait from designated public mountain trout waters and:
(1)Chatham County
Deep River
Rocky River
Bear Creek
(2)Lee County
Deep River
(3)Moore County
Deep River
(4)Randolph County
Deep River below the Coleridge Dam
Fork Creek
(g)  In the waters of the Little Tennessee River and the Catawba River upstream of Rhodhiss Dam, including all the tributaries and impoundments thereof, and on adjacent shorelines, docks, access ramps and bridge crossings, it is unlawful to transport, possess or release live alewife or live blueback herring.

History Note:Authority G.S. 113134; 113-135; 113-135.1; 113272; 113-272.3; 113292;

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. May 1, 2008; May 1, 2007; May 1, 2006.

15A NCAC 10C .0404SPECIAL DEVICE FISHING

(a)  Bow and Arrow.  The use of bow [as defined in 15A NCAC 10B .0116(a)] and arrow as a licensed special device is authorized for taking nongame fishes at any time from all inland fishing waters other than impounded waters located on the Sandhills Game Land and designated public mountain trout waters.  Unless specifically prohibited, bow and arrow may be used in joint fishing waters.  It is unlawful to take fish with crossbow and arrow in any inland fishing waters.
(b)  Nets.  Where authorized, manually operated nets, including seines and bow, cast, dip, gill, drift and fyke nets may be used under the special device fishing license. No fixed gill net or other stationary net which may be authorized as a special fishing device may  more than 100 yards in length, nor shall any such net be placed within 50 yards of any other fixed net. Fixed nets must be set so that they run parallel to the nearest shoreline.  No anchored or fixed gill net or drift net shall be used unless such net is marked for the protection of boat operators.  A net shall be deemed so marked when there is attached to it at each end two separate yellow buoys which shall be of solid foam or other solid buoyant material no less than five inches in its smallest dimensions.  The owner shall be identified on a buoy on each end either by using engraved buoys or by attaching engraved metal or plastic tags to the buoys.  Such identification shall include one of the following:
(1)owner's N.C. motor boat registration number;
(2)owner's U.S. vessel documentation name; or
(3)owner's last name and initials.  
It is unlawful to attach gill nets to any wire, rope, or similar device extended across any navigable watercourse.
(c)  Traps.  Baskets and traps, excluding collapsible crab traps, may be used under the special device fishing license. Such devices when set and left unattended shall be affixed with a card or tag furnished by the license holder and upon which his name and address shall be legibly and indelibly inscribed.  No fish trap may exceed 60 inches in length or 30 inches in depth or width.  No lead nets, wing nets, or other device designed to guide or herd fish may be attached to the trap or used or set within 25 feet of the trap.
(d)  Spears.  Manually operated gigs or underwater spear or harpoon guns may be used under the special fishing device license in the inland waters having a season for their use specified in Rule .0407 of this Section.
(e)  Crab pots.  It is unlawful to use crab pots in inland fishing waters, except by persons owning property adjacent to the inland fishing waters of coastal rivers and their tributaries who are permitted to set two crab pots to be attached to their property and not subject to special device license requirements.
(f)  Eel pots.  It is unlawful to use pots with mesh sizes smaller than one inch by one-half inch unless such pots contain an escape panel that is at least four inches square with a mesh size of one inch by one-half inch located in the outside panel of the upper chamber of rectangular pots and in the rear portion of cylindrical pots.  Each pot must be marked by attaching a floating buoy which shall be of solid foam or other solid buoyant material and no less than five inches in diameter and no less than five inches in length.  Buoys may be of any color except yellow.  The owner shall be identified on the attached buoy by using engraved buoys or by engraved metal or plastic tags attached to the buoy.  Such identification shall include one of the following:

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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