Marine Fisheries Commission Rules

August 1, 2024 Supplement to North Carolina Marine Fisheries Commission Rules April 1, 2020

Recently amended rules of the Marine Fisheries Commission are found here. The supplement accompanies the April 1, 2020 publication of rules, statutes and session laws.

North Carolina Marine Fisheries Commission Rules April 1, 2020

Rules of the Marine Fisheries Commission are found here along with select North Carolina general statutes and session laws. NOTE: the rulebook is incomplete without the August 1, 2024 supplement.

North Carolina General Statute 150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review of all state rules will be completed within five years from adoption of the statute and thereafter, rules will be reviewed on a 10-year review cycle.

The N.C. Marine Fisheries Commission develops proposed rules to comply with this statute. The commission also develops proposed rules to govern activities impacting marine and estuarine resources in coastal and joint fishing waters. This includes proposed rules to implement fishery management plans and Coastal Habitat Protection Plans. The commission also ensures the rules are clear and enforceable and consistent with other rules.

Marine Fisheries Commission Proposed Rules

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Any person wishing to request the adoption, amendment or repeal of a rule of the Marine Fisheries Commission shall make the request in writing to:

Chair of the N.C. Marine Fisheries Commission
P.O. Box 769
3441 Arendell Street
Morehead City, NC 28557

Items that must be included in the petition:

1. The text of the proposed rules for adoption or amendment;
2. A statement of the reasons for adoption or amendment of the proposed rules, or the repeal of existing rules;
3. A statement of the effect of the requested rule changes on:
   (A) Existing rules;
   (B) Existing practices in the area involved; and
   (C) Those most likely to be affected by the requested rule changes; and
4. The name and address of the petitioner.

The petitioner may include the following information within the request:

1. The statutory authority for the agency to promulgate the rules;
2. A statement of the cost factors for persons affected by the proposed rules;
3. A statement explaining the computation of the cost factors;
4. A description, including the names and addresses, if known, of those most likely to be affected by the proposed rules; and
5. Documents and data supporting the proposed rules.

In its review of the proposed rules, the commission shall consider:

1. Whether it has the authority to adopt the rules;
2. The effect of the proposed rules on existing rules, programs, and practices;
3. Probable costs and cost factors of the proposed rules; and
4. The impact of the rules on the public and regulated entities.

If a petition does not contain the required information it will be returned to the petitioner.

If the petition is deemed complete by the commission chair it will be presented to the commission for its consideration and determination at the next regularly scheduled meeting of the commission.

Within 120 days following the submission of the petition requesting rulemaking the commission shall:

1. Grant the petition in writing, notify the petitioner in writing, and initiate rulemaking proceedings; or
2. Deny the petition in writing, stating the reason or reasons for the denial, and send the written denial to the petitioner.

If there are questions about this process, please contact the Marine Fisheries Commission Office at 252-515-5500 or 800-682-2632.

N.C. General Statute 150B-21.6 allows an agency to incorporate certain material by reference in its rules without repeating the text of the referenced material. The first part of this statute lists what material is allowed to be incorporated by reference:

G.S. 150B-21.6. Incorporating material in a rule by reference.
An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material:

1. Another rule or part of a rule adopted by the agency.
2. All or part of a code, standard, or regulation adopted by another agency, the federal government, or a generally recognized organization or association.

The following N.C. Marine Fisheries Commission rules incorporate various Code of Federal Regulations (CFR) or United States Code (USC) by reference. A copy of the material can be obtained by clicking on the corresponding link in the table or by request to Catherine.Blum@ncdenr.gov or Catherine Blum, P.O. Box 769, Morehead City, NC 28557-0769, free of charge. 

(Updated 8/2/21)

N.C. Department of Environmental Quality Proposed Rules

N.C. Administrative Code Online

N.C. Session Laws Online  

N.C. General Statutes Online