§ 113-221. Rules. - North Carolina Statutes

Article 17.

Administrative Provisions; Regulatory Authority ofMarine Fisheries Commission and Department.

§ 113‑221.  Rules.

(a)        Chapter 150B of the General Statutes governs the adoption ofrules under this Article.

(b)        Upon purchasing a license, each licensee shall be given acopy of the rules concerning the activities authorized by the license.

(c)        The Fisheries Director shall notify licensees of a new ruleor change to a rule by sending each licensee either a newsletter containing thetext of the rule or change or an updated codification of the rules of theMarine Fisheries Commission that contains the new rule or change.

(d)        Unless there are overriding policy considerations involved,any rule of the Marine Fisheries Commission that will result in severecurtailment of the usefulness or value of equipment in which fishermen have anysubstantial investment shall be given a future effective date so as to minimizeundue potential economic loss to fishermen. Whether or not any rule will resultin severe curtailment of the usefulness or value of equipment in whichfishermen have any substantial investment and whether or not a future effectivedate should be set is a matter within the sole discretion of the MarineFisheries Commission. This subsection does not require the Marine FisheriesCommission to establish an effective date that is more than two years laterthan the date on which the rule is adopted.

(e)        Repealed by Session Laws 2003‑154, s. 1, effectiveJuly 1, 2003.

(e1)      Repealed by Session Laws 2003‑154, s. 1, effective July1, 2003.

(f)         All persons who may be affected by rules adopted by theMarine Fisheries Commission are under a duty to keep themselves informed of thecurrent rules. It is no defense in any criminal prosecution for the defendantto show that the defendant in fact received no notice of a particular rule. Inany prosecution for violation of a rule, or in which proof of matter containedin a rule is involved, the Department is deemed to have complied withpublication procedures and the burden is on the defendant to show by thegreater weight of the evidence substantial failure of compliance by theDepartment with the required publication procedures.

(g)        Every court shall take judicial notice of any codificationof rules issued by the Fisheries Director within two years preceding the dateof the offense charged or transaction in issue. In the absence of anyindication to the contrary, the codifications are to be deemed accurate andcurrent statements of the text of the rules in question and it is incumbentupon any person asserting that a relevant portion of the codified text isinaccurate, or has been amended or deleted, to satisfy the court as to the textof the rules that is in fact properly applicable.

(h)        Repealed by Session Laws 1983, c. 221, s. 1. (1915, c. 84, s. 21; 1917, c. 290, s. 7; C.S., s. 1878; 1925, c. 168,s. 2; 1935, c. 35; 1945, c. 776; 1953, cc. 774, 1134, 1251; 1963, c. 1097, s.1; 1965, c. 957, s. 2; 1973, c. 1262, ss. 28, 86; c. 1331, s. 3; 1975, 2ndSess., c. 983, s. 70; 1979, c. 388, s. 6; 1983, cc. 221, 619, 620; 1987, c.641, ss. 7, 19; c. 827, s. 7; 1997‑400, s. 4.3; 1998‑225, s. 3.8;2000‑189, s. 9; 2003‑154, s. 1.)