§ 106-761. Aquaculture facility registration and licensing. - North Carolina Statutes

§ 106‑761. Aquaculture facility registration and licensing.

(a)        Authority. The North Carolina Department of Agriculture andConsumer Services shall regulate the production and sale of commercially raisedfreshwater fish and freshwater crustacean species. The Board of Agricultureshall promulgate rules for the registration of facilities for the productionand sale of freshwater aquaculturally raised species. The Board may prescribestandards under which commercially reared fish may be transported, possessed,bought, and sold. The Department and Board of Agriculture authority shall belimited to commercially reared fish and shall not include authority over thewild fishery resource which is managed under the authority of the NorthCarolina Wildlife Resources Commission. The authority granted herein toregulate facilities licensed pursuant to this section does not authorize theDepartment of Agriculture and Consumer Services or the Board of Agriculture topromulgate rules that (i) are inconsistent with rules adopted by any otherState agency; or (ii) exempt such facilities from the rules adopted by anyother State agency.

(b)        Species subject to this section. The following species areexempt from special restrictions on introduction of exotic species promulgated bythe Wildlife Resources Commission except to prevent disease. All other speciesare prohibited from propagation and production unless the applicant for thepermit first obtains written permission from the Wildlife Resources Commission.

(1)      Bluegill                                                                      Lepomismacrochirus

(2)      Redear Sunfish                                                          Lepomismicrolophus

(3)      Redbreast Sunfish                                                      Lepomisauritus

(4)      Green Sunfish                                                            Lepomiscyanellus

(5)      Any hybrids using above species of the genus             Lepomis

(6)      Black Crappie                                                           Pomoxisnigromaculatus

(7)      White Crappie                                                           Pomoxisannularis

(8)      Largemouth Bass                                                       Micropterussalmoides (northern strain)

(9)      Smallmouth Bass                                                       Micropterusdolomieui

(10)    White Catfish                                                             Ictaluruscatus

(11)    Channel Catfish                                                         Ictaluruspunctatus

(12)    Golden Shiner                                                            Notemigonuscrysoleucas

(13)    Fathead Minnow                                                       Pimephalespromelas

(14)    Goldfish                                                                     Carassiusauratus

(15)    Rainbow Trout                                                          Oncorhynchusmykiss

(16)    Brown Trout                                                              Salmotrutta

(17)    Brook Trout                                                              Salvelinusfontinalis

(18)    Common Carp                                                          Cyprinuscarpio

(19)    Crayfish                                                                     Procambarusspecies

(c)        Exceptions for Species Not Listed. – The following fishspecies that are not listed in subsection (b) of this section may be producedand sold as if they were listed in that subsection with the followingrestrictions:

(1)        Hybrid striped bass. – Production, propagation, and holdingfacilities in the Neuse, Roanoke, or Tar/Pamlico River basins for the hybridstriped bass shall comply with additional escapement prevention measuresprescribed by the Wildlife Resources Commission.

(2)        Yellow perch. – A letter of approval from the Wildlife ResourcesCommission is required before the yellow perch, perca flavenscens, may beraised at a facility located west of Interstate Highway 77.

(d)        Aquaculture Propagation and Production Facility License. The Board of Agriculture may, by rule, authorize and license the operation offish hatcheries and production facilities for species of fish listed insubsection (b) of this section. The Board may prescribe standards of operation,qualifications of operators, and the conditions under which fish may be commerciallyreared, transported, possessed, bought, and sold. Aquaculture Propagation andProduction Licenses issued by the Department shall be valid for a period offive years.

(e)        Commercial Catchout Facility License.

(1)        Commercial catchout facilities must be stocked exclusivelywith hatchery reared fish obtained from hatcheries approved by the Departmentto prevent the introduction of diseases. The Board of Agriculture may, by rule,prescribe standards of operation and conditions under which fish from such pondsmay be taken, transported, possessed, bought, and sold.

(2)        The Commercial Catchout Facility License shall be valid fora period of five years. A pond owner or operator licensed under this subsectionshall be authorized to sell fish taken by fishermen from the pond to suchfishermen. Fish sold at such facilities shall be limited to those fish coveredunder this section.

(3)        The holder of the Catchout Facility License shall providereceipts to the purchasers of fish. The receipt shall describe the species,number, total weight, and the location of the catchout facility.

(4)        No fish taken from a commercial catchout facility may beresold by the purchasing angler for any purpose.

(5)        No fishing, special trout, or other license shall berequired of anglers fishing in licensed commercial catchout facilities.

(f)         Holding Pond/Tank Permit. All facilities holding live foodor bait species for sale must obtain a Holding Pond/Tank Permit. Permits shallbe valid for a period of two years and shall only authorize possession of fishspecified in this section. All fish held live for sale shall be kept inaccordance with rules promulgated by the Board of Agriculture. Possession of anAquaculture Propagation and Production Facility or Commercial Catchout FacilityLicense shall serve in lieu of a Holding Pond/Tank Permit for possession bothon and off their facilities premises. No permit shall be required for holdinglobsters for sale.

(g)        Possession of species other than those listed in subsection(b) of this section or as authorized in writing by the Wildlife ResourcesCommission shall be a violation which shall result in the revocation of theAquaculture Propagation and Production Facility or Commercial Catchout FacilityLicense until such time that proper authorization is received from the WildlifeResources Commission or the unauthorized species is removed from the facility.In the event of possession of unauthorized fish species, the Wildlife ResourcesCommission may take further regulatory action. The Department and the WildlifeResources Commission shall have authority to enter the premises of suchfacilities to inspect for the possession of a species other than thoseauthorized in subsection (b) of this section or authorized by writtenpermission of the Wildlife Resources Commission.

(h)        Nothing in this act shall apply to the aquarium orornamental trade in fish. The Wildlife Resources Commission may by ruleidentify species for which possession in the State is prohibited. (1993, c. 18, s. 2; 1997‑198, s. 1; 1997‑261,ss. 73‑76.)