1. (a) It is unlawful to violate the provisions of a proclamation issued pursuant to a rule of the Marine Fisheries Commission, as provided in G.S. 113-221.1.

2. (b) If specific variable conditions are not set forth in a rule of the Marine Fisheries Commission that grants proclamation authority to the Fisheries Director, the Fisheries Director shall consider the following variable conditions in exercising proclamation authority:

   1. (1) compliance with changes mandated by the Fisheries Reform Act and its amendments;
   2. (2) biological impacts;
   3. (3) environmental conditions;
   4. (4) compliance with Fishery Management Plans;
   5. (5) user conflicts;
   6. (6) bycatch issues;
   7. (7) variable spatial distributions; and
   8. (8) protection of public health related to the public health programs that fall under the authority of the Marine Fisheries Commission.

History Note: Authority G.S. 113‑134; 113-135; 113‑182; 113‑221.1; 113-221.2; 113-221.3; 143B‑289.52;
Eff. January 1, 1991;
Amended Eff. March 1, 1994; September 1, 1991;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. May 1, 2017; April 1, 2011; August 1, 2000;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.