1. (a) Under G.S. 113-170.3 and for the purpose of this Rule, "harvest" shall mean the catching or taking of a fish and reducing it to permanent possession by not returning it to the water. Harvest shall be deemed complete:

   1. (1) if a vessel is used, when fish reach any shore or a structure connected to any shore; or
   2. (2) if a vessel is not used, when the person's fishing gear is stowed and no longer in use. The terms "gear" and "use" are defined in 15A NCAC 03I .0101.

2. (b) Any person holding a commercial fishing license engaged in a commercial fishing operation who completes the harvest, as defined in Paragraph (a) of this Rule, of any fish in coastal or joint fishing waters shall report that harvest to a fish dealer licensed under G.S. 113‑169.3 within 48 hours of harvest being complete by providing information to the fish dealer, in accordance with Paragraph (b) of Rule .0114 of this Section, so the fish dealer can report the harvest as follows:

   1. (1) for fish sold, harvest shall be reported in accordance with the recording requirements in G.S. 113-168.2 and recordkeeping requirements in Rule .0114 of this Section; and
   2. (2) for fish harvested but not sold, harvest shall be reported in accordance with the recording requirements in G.S. 113-168.2 and in the same manner as provided in Rule .0114 of this Section for a transaction.
3. (c) The requirements of this Rule shall be effective in accordance with the schedule in S.L. 2023-137, s. 6(f).

History Note: Authority G.S. 113-134; 113-170.3; 113-181; 113-182; 143B-289.52;
Temporary Adoption Eff. July 5, 2024.