Fishing Regulations

2006 Fishing Regulations
http://www.ncwildlif..._03_fishing.htm

Non-game Fish
http://www.ncwildlif..._Regs/pg2b4.pdf

Just a reminder you cannot collect in any classified trout streams in North Carolina.

Most folks I talk to agree that taking nongame fish with seines and dipnets is legal under the allowance for bait fishing, and covered by the standard inland fishing license. This has come up on the forum before, I believe.

From the NC State Fishing Regulations:

Nongame fish may be taken for bait only with the equipment
listed below, and an appropriate inland fishing license is required.
1. A dip net not greater than 6 feet across.
2. A seine not greater than 12 feet in length with a bar mesh
measure of not more than 1/4 inch.
Exception: In Lake Waccamaw any length seine may be used
to collect bait fishes.

What's less clear, at least to me, is how the nongame regulations apply to public lands.

From the NC State Park General Provisions:

Live specimens to be used for fishing bait shall not be collected within any state park.

I take this to mean that if your only permit is a state fishing license, then Lake Waccamaw is the only State Park where nongame fish can be taken, that you're limited to the lake itself, and excluded from the canals, river, and swamp in the park. That said, I have dip netted and seined all over Lake Waccamaw State Park with the express approval of on-site park workers (who radioed a ranger about it) and a retired head ranger who stopped to see what we were catching down in the ditch. I still don't know if we were actually within the law.

Further, NC has several types of public land. The restriction on bait fishing appears to also apply in State Recreation Areas and State Natural Areas. It appears that all fishing is prohibited in State Nature Preserves, but permitted, including bait fishing under state regulations, on Game Lands (there are some exceptions). For instance, bait fishing in designated trout streams on Game Lands is prohibited, as already mentioned.

I also have to point out that all this is nothing more than my best interpretation of the regulations, and I am no kind of authority. I don't pretend to know the intentions of a system that appears to put the least restrictions on the park with the highest rate of endemism (that's crazy, right?). I have mostly avoided collecting on public land because of these ambiguities. If anyone can help clarify this issue, I would be grateful.

As far as taking nongame fish from public land, see 15A NCAC 10D .0104 for rules covering Game Lands. For State Parks, see the tearsly worded 15A NCAC 12B .0802, which I linked and quoted in my last post. For clarification on the scope of this regulation, I asked Chief Ranger Bryan Dowdy. He told me (quoted with permission):

Actually, you may fish & take non-game fish in any state park, natural area, recreation areas, nature preserves, etc. in designated areas under the jurisdiction of the NC State Parks, however you must follow all regulations and license requirements as established by the NC Wildlife Resources Commission or Division of Marine Fisheries, including creel and size limits, trout stream regulations, etc. You may not however, collect live animal specimens (worms, insects, etc.) for fishing.

Live specimens would include an any non-fish bait such as worms, crickets, frogs, etc. and any bait fish obtained via a cast or seine net within waters in or on a state park, state natural area, state recreational area, etc.

The rest of this post collects relevant NC fishing regulations. Click here to browse NC Administrative Code.

From § 113‑291.3. Possession, sale, and transportation of wildlife.:

[...] nongame fish lawfully taken, except as this Subchapter and its implementing rules expressly provide otherwise, may be possessed, transported, bought, sold, given or received as a gift, or otherwise disposed of without restriction [...]

Nongame fish may be lawfully taken for "bait or personal consumption," within certain limitations, under 15A NCAC 10C .0402. Limitations include device type and size, creel limits, and protected bodies of water. 15A NCAC 10C .0407 lists further limitations on taking nongame fishes. See the links for details.

I would like to think that "personal consumption" would cover the intentions of most NANFAns. Transportation and possession of live nongame fish is legal for lawfully taken specimens. See 15A NCAC 10C .0209. Despite what it says in the block quote above, you may not sell the fish you collect under these regulations. There are indeed restrictions, that is. This web page summarizes the limits on the collection, transportation, and possession of nongame species.

I am less clear on the legality of possessing live game fishes. This web page suggests that a special permit is required. § 113‑274 describes the Captivity Permit as it pertains to fishes.

15A NCAC 10C .0305 lists game fish species and the the limitations on their collection. Although I don't think it is explicitly stated there, game fish may only be taken by hook and line, and a license is required.

It is unlawful to take any protected species. They are listed in this document.

Lastly, acquiring a Collection License, as described in 15A NCAC 10C .0214 may be an alternative means of legally collecting game and nongame fishes.

The link posted above to which species are protected has been inactivated with time, so here is an updated list of fish to avoid when collecting. Source: http://www.ncwildlif..._Learn_More.htm

Cape Fear Shiner (Notropis mekistocholas). Link: http://www.ncwildlif...C_EndFish_1.htm
Spotfin Chub (Cyprinella monacha). Link: http://www.ncwildlif...C_EndFish_2.htm
Waccamaw Silverside (Menidia extensa). Link: http://www.ncwildlif...C_EndFish_3.htm


Also, don't touch the mussels.

North Carolina is home to more than 60 species of freshwater mussels. Unfortunately, 50% of these species are designated Endangered, Threatened, or Special Concern within the state.

Source: http://www.ncwildlif...ish_Mussels.htm

Edited by EricaWieser, 06 August 2011 - 11:38 AM.

Here is what I make of the current regs, which are effective till July 31, 2013 I guess there will be something new by the end of the month.
You can collect non-game fish in trout waters with hook and line, just not special devices.

If you are going to be using a special device, you need a secondary permit that allows it and you can only do so in the waters and during the seasons listed for whatever county you will be in (trout waters excluded for counties with trout waters)

Current regs for Non-game
http://www.ncwildlif..._Learn_More.htm
Current regs for Game (sunfishes included)
http://www.ncwildlif...r_Game_Fish.pdf