North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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15A NCAC 10B .0406 MISUSE OF TAGS

(a) It is unlawful for any person to use or affix a fur tag which is valid for one season to the carcass or pelt of any bobcat, otter or fox taken or acquired during any subsequent season. When the U.S. Fish and Wildlife Service repeals its tagging requirements for otter and bobcat this Paragraph shall apply only to tagging foxes.

(b) It is unlawful for any person to affix any fur tag to the carcass or pelt of any species of animal other than that for which its use is authorized and it is unlawful to buy or sell any bobcat, otter or fox carcass or pelt which has an unauthorized tag so affixed. When the U.S. Fish and Wildlife Service repeals its tagging requirements for otter and bobcat this Paragraph shall apply only to tagging foxes.

(c) It is unlawful for any person to sell or transfer any unused fox tag to any other person. It is unlawful for any person to sell any unused fur tag for a price greater than the fee listed for such tag in Paragraph (c) of Rule .0403 of this Section.

(d) It is unlawful for any person to reuse a fur tag or to remove the same from the pelt to which affixed prior to delivery to a manufacturer or fur processor.

(e) It is unlawful to counterfeit or modify any fur tag.


History Note: Authority G.S. 113-134; 113-135; 113-135.1; 113-273; 113-276.1; 113-291.4;

Eff. November 14, 1978;

Amended Eff. August 1, 2010; January 1, 1992; December 1, 1981; October 1, 1980.
15A NCAC 10C .0205 PUBLIC MOUNTAIN TROUT

WATERS

(a) Designation of Public Mountain Trout Waters. For the purposes of this Rule, artificial lure is defined as a fishing lure that neither contains nor has been treated by any substance that attracts fish by the sense of taste or smell. Natural bait is defined as any living or dead organism (plant or animal), or parts thereof, or prepared substances designed to attract fish by the sense of taste or smell. The waters listed herein or in 15A NCAC 10D .0104 are designated as Public Mountain Trout Waters and further classified as Wild Trout Waters or Hatchery Supported Waters. For specific classifications, see Subparagraphs (1) through (6) of this Paragraph. These waters are posted and lists thereof are filed with the clerks of superior court of the counties in which they are located:

(1) Hatchery Supported Trout Waters. The listed waters in the counties in Subparagraphs (a)(1)(A) through (Y) are classified as Hatchery Supported Public Mountain Trout Waters. Where specific watercourses or impoundments are listed, indentation indicates that the watercourse or impoundment listed is tributary to the next preceding watercourse or impoundment listed and not so indented. This classification applies to the entire watercourse or impoundment listed except as otherwise indicated in parentheses following the listing. Other clarifying information may also be included parenthetically. The tributaries of listed watercourses or impoundments are not included in the classification unless specifically set out therein.

(A) Alleghany County:

New River (not trout water)

Little River (Whitehead to McCann Dam)

Brush Creek (except where posted against trespass)

Big Pine Creek

(Big) Glade Creek

Bledsoe Creek

Pine Swamp Creek

South Fork New River (not trout water)

Prather Creek

Cranberry Creek

Piney Fork

Meadow Fork

Yadkin River (not trout water)

Roaring River (not trout water)

East Prong Roaring River (that portion on Stone Mountain State Park) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

(B) Ashe County:

New River (not trout waters)

North Fork New River (Watauga County line to Sharp Dam)

Helton Creek (Virginia State line to New River) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Big Horse Creek (Mud Creek at SR 1363 to confluence with North Fork New River)

Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131)

Big Laurel Creek

Three Top Creek (portion not on game lands)

South Fork New River (not trout waters)

Cranberry Creek (Alleghany County line to South Fork New River)

Nathans Creek

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters)

Trout Lake [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Roan Creek

Beaver Creek

Pine Swamp Creek (all forks)

Old Fields Creek

Mill Creek (except where posted against trespass)

(C) Avery County:

Nolichucky River (not trout waters)

North Toe River (headwaters to Mitchell County line, except where posted against trespass)

Squirrel Creek

Elk River (SR 1305 crossing immediately upstream of Big Falls to the Tennessee State line, including portions of tributaries on game lands)

Wildcat Lake

Catawba River (not trout water)

Johns River (not trout water)

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (a)(2) of this Rule.]

Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (a)(4) of this Rule.]

Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (a)(2) of this Rule.]

Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (a)(2) of this Rule.]

Boyde Coffey Lake

Linville River [Land Harbor line (below dam) to Blue Ridge Parkway boundary line, except where posted against trespass]

Milltimber Creek

(D) Buncombe County:

French Broad River (not trout water)

Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge)

Dillingham Creek (Corner Rock Creek to Ivy Creek)

Stony Creek

Corner Rock Creek (including tributaries, except Walker Branch)

Reems Creek (Sugar Camp Fork to US 19-23 bridge, except where posted against trespass)

Swannanoa River (SR 2702 bridge near Ridgecrest to Wood Avenue Bridge, intersection of NC 81W and US 74A in Asheville, except where posted against trespass)

Bent Creek (headwaters to N.C. Arboretum boundary line, including portions of tributaries on game lands)

Lake Powhatan

Cane Creek (headwaters to SR 3138 bridge)

(E) Burke County:

Catawba River (Muddy Creek to the City of Morganton water intake dam) [Special Regulations apply. See Subparagraph (a)(7) of this Rule.]

South Fork Catawba River (not trout water)

Henry Fork (lower South Mountains State Park line downstream to SR 1919 at Ivy Creek)

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Johns River (not trout water)

Parks Creek (portion not on game lands not trout water)

Carroll Creek (game lands portion above SR 1405 including tributaries)

Linville River (portion within Linville Gorge Wilderness Area, including tributaries, and portion below Lake James powerhouse from upstream bridge on SR 1223 to Muddy Creek)

(F) Caldwell County:

Catawba River (not trout water)

Johns River (not trout water)

Wilson Creek (game lands portion downstream of Lost Cove Creek to Brown Mountain Beach dam, except where posted against trespass) [Delayed Harvest Regulations apply to game lands portion between Lost Cove Creek and Phillips Branch. See Subparagraph (a)(5) of this Rule.)

Estes Mill Creek (not trout water)

Mulberry Creek (portion not on game lands not trout water)

Boone Fork [not Hatchery Supported trout water. See Subparagraph (a)(2) of this Rule.]

Boone Fork Pond

Yadkin River (Happy Valley Ruritan Community Park to SR 1515)

Buffalo Creek (mouth of Joes Creek to McCloud Branch)

Joes Creek (first falls upstream of SR 1574 to confluence with Buffalo Creek)

(G) Cherokee County:

Hiwassee River (not trout water)

Shuler Creek (Joe Brown Highway (SR 1325) bridge to Tennessee line)

Davis Creek (confluence of Bald and Dockery creeks to Hanging Dog Creek)

Valley River (headwaters to US 19 business bridge in Murphy)

Hyatt Creek (including portions of tributaries on game lands)

Junaluska Creek (Ashturn Creek to Valley River, including portions of

tributaries on game lands)

(H) Clay County:

Hiwassee River (not trout water)

Fires Creek (foot bridge in the US Forest Service Fires Creek Picnic Area to SR 1300)

Tusquitee Creek (headwaters to lower SR 1300 bridge)

Nantahala River (not trout water)

Buck Creek (game land portion downstream of US 64 bridge)

(I) Graham County:

Little Tennessee River (not trout water)

Calderwood Reservoir (Cheoah Dam to Tennessee State line)

Cheoah River (not trout water)

Yellow Creek

Santeetlah Reservoir (not trout water)

West Buffalo Creek

Little Buffalo Creek

Santeetlah Creek (Johns Branch to mouth including portions of tributaries within this section located on game lands, excluding Johns Branch and Little Santeetlah Creek)

(Big) Snowbird Creek (old railroad junction to SR 1127 bridge, including portions of tributaries on game lands)

Mountain Creek (game lands boundary to SR 1138 bridge)

Long Creek (portion not on game lands)

Tulula Creek (headwaters to lower bridge on SR 1275)

Cheoah Reservoir

Fontana Reservoir (not trout water)

Stecoah Creek

Panther Creek (including portions of tributaries on game lands)

(J) Haywood County:

Pigeon River (Stamey Cove Branch to upstream US 19-23 bridge)

Cold Springs Creek (including portions of tributaries on game lands)

Jonathan Creek (upstream SR 1302 bridge to Pigeon River, except where posted against trespass)

Richland Creek (Russ Avenue (US 276) bridge to US 23-74 bridge)

West Fork Pigeon River (Tom Creek to the first game land boundary upstream of Lake Logan) [Delayed Harvest Regulations apply to the portion from Queen Creek to the first game land boundary upstream of Lake Logan. See Subparagraph (a)(5) of this Rule.]

(K) Henderson County:

(Rocky) Broad River (Rocky River Lane to Rutherford County line)

Green River - upper (mouth of Joe Creek to mouth of Bobs Creek)

Green River - lower (Lake Summit Dam to I-26 bridge)

(Big) Hungry River

Little Hungry River

French Broad River (not trout water)

Cane Creek (SR 1551 bridge to US 25 bridge)

Mud Creek (not trout water)

Clear Creek (SR 1591 bridge at Jack Mountain Lane to SR 1582)

Mills River (not trout water)

North Fork Mills River (game lands portion below the Hendersonville watershed dam). [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

(L) Jackson County:

Tuckasegee River (confluence with West Fork Tuckasegee River to SR 1534 bridge at Wilmot) [Delayed Harvest Regulations apply to that portion between NC 107 bridge at Love Field and the Dillsboro dam. See Subparagraph (a)(5) of this Rule.]

Scott Creek (entire stream, except where posted against trespass)

Dark Ridge Creek (Jones Creek to Scotts Creek)

Savannah Creek (Headwaters to Bradley's Packing House on NC 116)

Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek)

Cullowhee Creek (Tilley Creek to Tuckasegee River)

Bear Creek Lake

Wolf Creek [not Hatchery Supported trout water, see Subparagraph (a)(2) of this Rule.]

Wolf Creek Lake

Balsam Lake

Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (a)(2) of this Rule.]

Tanasee Creek Lake

(M) Macon County:

Little Tennessee River (not trout water)

Nantahala River (Nantahala Dam to Swain County line) [Delayed Harvest Regulations apply to the portion from Whiteoak Creek to the Nantahala hydropower discharge canal. See Subparagraph (a)(5) of this Rule.]

Queens Creek Lake

Burningtown Creek (including portions of tributaries on game lands)

Cullasaja River Sequoyah Dam to US 64 bridge near junction of SR 1672, including portions of tributaries on game lands, excluding those portions of Buck Creek and Turtle Pond Creek on game lands. [Wild Trout Regulations apply. See Subparagraphs (a)(2) and (a)(6) of this Rule.]

Ellijay Creek (except where posted against trespass, including portions of tributaries on game lands)

Skitty Creek

Cliffside Lake

Cartoogechaye Creek (downstream US 64 bridge to Little Tennessee River)
(N) Madison County:

French Broad River (not trout water)

Shut In Creek (including portions of tributaries on game lands)

Spring Creek (junction of NC 209 and NC 63 to US Forest Service road 223)

Meadow Fork Creek

Roaring Fork (including portions of tributaries on game lands)

Little Creek

Max Patch Pond

Big Laurel Creek (Mars Hill Watershed boundary to the SR 1318 bridge, also known as Big Laurel Road bridge, downstream of Bearpen Branch)

Big Laurel Creek (NC 208 bridge to US 25-70 bridge) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Spillcorn Creek (entire stream, excluding tributaries)

Shelton Laurel Creek (confluence of Big Creek and Mill Creek to NC 208 bridge at Belva)

Shelton Laurel Creek (NC 208 bridge at Belva to the confluence with Big Laurel Creek) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Mill Creek (headwaters to confluence with Big Creek)

Puncheon Fork (Hampton Creek to Big Laurel Creek)

Big Pine Creek (SR 1151 bridge to French Broad River)

Ivy Creek (not trout waters)

Little Ivy Creek (confluence of Middle Fork and Paint Fork at Beech Glen to confluence with Ivy Creek at Forks of Ivy)

(O) McDowell County:

Catawba River (Catawba Falls Campground to Old Fort Recreation Park)

Buck Creek (portion not on game lands, not trout water)

Little Buck Creek (game land portion including portions of tributaries on game lands)

Curtis Creek game lands portion downstream of US Forest Service boundary at Deep Branch. [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

North Fork Catawba River (headwaters to SR 1569 bridge)

Armstrong Creek (Cato Holler line downstream to upper Greenlee line)

Mill Creek (upper railroad bridge to I 40 bridge, except where posted against trespass) [Delayed Harvest Regulations apply to that portion between US 70 bridge and I 40 bridge. See Subparagraph (a)(5) of this Rule.]

(P) Mitchell County:

Nolichucky River (not trout water)

Big Rock Creek (headwaters to NC 226 bridge at SR 1307 intersection)

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against trespass)

Cane Creek (SR 1219 to NC 226 bridge)

Cane Creek (NC 226 bridge to NC 80 bridge) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Grassy Creek (East Fork Grassy Creek to mouth)

East Fork Grassy Creek

North Toe River (Avery County line to SR 1121 bridge)

North Toe River (US 19E bridge to NC 226 bridge) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

(Q) Polk County:

Broad River (not trout water)

North Pacolet River (Joels Creek to NC 108 bridge)

Green River (Fishtop Falls Access Area to the natural gas pipeline crossing) [Delayed Harvest Regulations apply to the portion from Fishtop Falls Access Area to Cove Creek. See Subparagraph (a)(5) of this Rule.]

(R) Rutherford County:

(Rocky) Broad River (Henderson County line to US 64/74 bridge, except where posted against trespass)

(S) Stokes County:

Dan River (Virginia State line downstream to a point 200 yards below the end of SR 1421)

(T) Surry County:

Yadkin River (not trout water)

Ararat River (SR 1727 bridge downstream to the NC 103 bridge)

Stewarts Creek (not trout water)

Pauls Creek (Virginia State line to 0.3 mile below SR 1625 bridge - lower Caudle property line)

Fisher River (Cooper Creek) (Virginia State line to Interstate 77)

Little Fisher River (Virginia State line to NC 89 bridge)

Mitchell River (0.6 mile upstream of the end of SR 1333 to the SR 1330 bridge below Kapps Mill Dam) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

(U) Swain County:

Little Tennessee River (not trout water)

Calderwood Reservoir (Cheoah Dam to Tennessee State line)

Cheoah Reservoir

Fontana Reservoir (not trout water)

Alarka Creek (game lands boundary to Fontana Reservoir)

Nantahala River (Macon County line to existing Fontana Reservoir water level)

Tuckasegee River (not trout water)

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River)

Connelly Creek (including portions of tributaries on game lands)

(V) Transylvania County:

French Broad River (junction of west and north forks to US 276 bridge)

Davidson River (Avery Creek to lower US Forest Service boundary line)

East Fork French Broad River (Glady Fork to French Broad River) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Little River (confluence of Lake Dense outflow to 100 yards downstream of Hooker Falls) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Middle Fork French Broad River

West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north forks, including portions of tributaries within this section located on game lands)

(W) Watauga County:

New River (not trout waters)

North Fork New River (from confluence with Maine and Mine branches to Ashe County line)

Maine Branch (headwaters to North Fork New River)

South New Fork River (not trout water)

Meat Camp Creek

Norris Fork Creek

Howard Creek (downstream from lower falls)

Middle Fork New River (Lake Chetola Dam to South Fork New River)

Yadkin River (not trout water)

Stony Fork (headwaters to Wilkes County line)

Elk Creek (headwaters to gravel pit on SR 1508, except where posted against trespass)

Watauga River (adjacent to the intersection of SR 1557 and SR 1558 to NC 105 bridge and SR 1114 bridge to NC 194 bridge at Valle Crucis). [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Beech Creek

Buckeye Creek Reservoir

Coffee Lake

Beaverdam Creek (confluence of Beaverdam Creek and Little Beaverdam Creek to an unnamed tributary adjacent to the intersection of SR 1201 and SR 1203)

Laurel Creek

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha)

Dutch Creek (second bridge on SR 1134 to mouth)

(X) Wilkes County:

Yadkin River (not trout water)

Roaring River (not trout water)

East Prong Roaring River (Bullhead Creek to Brewer's Mill on SR 1943) [Delayed Harvest Regulations apply to portion on Stone Mountain State Park. See Subparagraph (a)(5) of this Rule.]

Stone Mountain Creek [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Middle Prong Roaring River (headwaters to second bridge on SR 1736)

Bell Branch Pond

Boundary Line Pond

West Prong Roaring River (not trout waters)

Pike Creek

Pike Creek Pond

Cub Creek (0.5 miles upstream of SR 2460 bridge to SR 1001 bridge)

Reddies River (Town of North Wilkesboro water intake dam to confluence with Yadkin River) [Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule.]

Middle Fork Reddies River (Clear Prong) (headwaters to bridge on SR 1580)

South Fork Reddies River (headwaters to confluence with Middle Fork Reddies River)

North Fork Reddies River (Vannoy Creek) (headwaters to Union School bridge on SR 1559)

Darnell Creek (North Prong Reddies River) (downstream ford on SR 1569 to confluence with North Fork Reddies River)

Lewis Fork Creek (not trout water)

South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church)

Fall Creek (except portions posted against trespass)

(Y) Yancey County:

Nolichucky River (not trout water)

Cane River [Bee Branch (SR 1110) to Bowlens Creek]

Bald Mountain Creek (except portions posted against trespass)

Indian Creek (not trout water)

Price Creek (junction of SR 1120 and SR 1121 to Indian Creek)

North Toe River (not trout water)

South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except where posted against trespass)

(2) Wild Trout Waters. All waters designated as Public Mountain Trout Waters on the game lands listed in Subparagraph (b)(2) of 15A NCAC 10D .0104, are classified as Wild Trout Waters unless specifically classified otherwise in Subparagraph (a)(1) of this Rule. The trout waters listed in this Subparagraph are also classified as Wild Trout Waters.

(A) Alleghany County:

Big Sandy Creek (portion on Stone Mountain State Park)

Stone Mountain Creek (that portion on Stone Mountain State Park)

(B) Ashe County:

Big Horse Creek (Virginia State Line to Mud Creek at SR 1363) [Catch and Release/Artificial Lures Only Regulations apply. See Subparagraph (a)(3) of this Rule.]

Unnamed tributary of Three Top Creek (portion located on Three Top Mountain Game Land) [Catch and Release/Artificial Lures Only Regulations apply. See Subparagraph (a)(3) of this Rule.]

(C) Avery County:

Birchfield Creek (entire stream)

Cow Camp Creek (entire stream)

Cranberry Creek (headwaters to US 19E/NC 194 bridge)

Elk Hollow Branch (entire stream)

Elk River (portion on Lees-McRae College property, excluding the millpond) [Catch and Release/Artificial Flies Only Regulations apply. See Subparagraph (a)(4) of this Rule.]

Gragg Prong (entire stream)

Horse Creek (entire stream)

Jones Creek (entire stream)

Kentucky Creek (entire stream)

North Harper Creek (entire stream)

Plumtree Creek (entire stream)

Roaring Creek (entire stream)

Rockhouse Creek (entire stream)

South Harper Creek (entire stream)

Webb Prong (entire stream)

Wilson Creek [Catch and Release/Artificial Lures Only Regulations apply. See Subparagraph (a)(3) of this Rule.]

(D) Buncombe County:

Carter Creek (game land portion) [Catch and Release/Artificial Lures only Regulations apply. See Subparagraph (a)(3) of this Rule.]

(E) Burke County:

All waters located on South Mountain State Park, except the main stream of Jacob Fork

Between the mouth of Shinny Creek and the lower park boundary where Delayed Harvest Regulations apply, and Henry Fork and tributaries where Catch and Release/Artificial Lures Only Regulations apply. See Subparagraphs (a)(3) and (a)(5) of this Rule.

Nettle Branch (game land portion)

(F) Caldwell County:

Buffalo Creek (Watauga County line to Long Ridge Branch including tributaries on game lands)

Joes Creek (Watauga County line to first falls upstream of the end of SR 1574)

Rockhouse Creek (entire stream)

(G) Cherokee County:

Bald Creek (game land portions, including tributaries) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

Dockery Creek (game land portions, including tributaries) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

North Shoal Creek (game land portions, including tributaries) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

(H) Graham County:

Franks Creek (entire stream) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

Little Buffalo Creek (entire stream)

South Fork Squally Creek (entire stream)

Squally Creek (entire stream)

(I) Haywood County

Hemphill Creek [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of the Rule.]

Hurricane Creek (including portions of tributaries on game lands) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

(J) Jackson County:

Buff Creek (entire stream) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

Gage Creek (entire stream)

North Fork Scott Creek (entire stream)

Shoal Creek (Glenville Reservoir pipeline to mouth) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

Tanasee Creek (entire stream)

West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

Whitewater River (downstream from Silver Run Creek to South Carolina State line)

Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake)

(K) Madison County:

Big Creek (headwaters to the lower game land boundary, including tributaries) [Wild Trout/Natural Bait Waters Regulations apply. See Subparagraph (a)(6) of this Rule.]

(L) Mitchell County:

Green Creek (headwaters to Green Creek Bridge, except where posted against trespass)

Little Rock Creek (headwaters to Green Creek Bridge, including all tributaries, except where

posted against trespass)

Wiles Creek (game land boundary to mouth)

(M) Transylvania County:

All waters located on Gorges State Park

Whitewater River (downstream from Silver Run Creek to South Carolina State line)

(N) Watauga County:

Dugger Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing) [Catch and Release/Artificial Lure Only Trout Waters Regulations apply. See Subparagraph (a)(3) of this Rule.]

Dutch Creek (headwaters to second bridge on SR 1134)

Howards Creek (headwaters to lower falls)

Laurel Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing) [Catch and Release/Artificial Lure Only Trout Waters Regulations apply. See subparagraph (a)(3) of this Rule.]

Watauga River (Avery County line to steel bridge at Riverside Farm Road)

Winkler Creek (lower bridge on SR 1549 to confluence with South Fork New River)

(O) Wilkes County:

Big Sandy Creek (portion on Stone Mountain State Park)

Dugger Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing) [Catch and Release/Artificial Lure Only Trout Waters Regulations apply. See Subparagraph (a)(3) of this Rule.]

Garden Creek (portion on Stone Mountain State Park)

Harris Creek and tributaries (portions on Stone Mountain State Park) [Catch and Release

Artificial Lures Only Regulations apply. See Subparagraph (a)(4) of this Rule.]

Widow Creek (portion on Stone Mountain State Park)

(P) Yancey County:

Cattail Creek (Bridge at Mountain Farm Community Road (Private) to NC 197 bridge)

Lickskillet Creek (entire stream)

Middle Creek (game land boundary to mouth)

(3) Catch and Release/Artificial Lures Only Trout Waters. Those portions of designated wild trout waters as listed in this Subparagraph, including tributaries except as noted, are further classified as Catch and Release/Artificial Lures Only waters. Only artificial lures having one single hook may be used. No trout may be harvested or be in possession while fishing these streams:

(A) Ashe County:

Big Horse Creek (Virginia State line to Mud Creek at SR 1363 excluding tributaries)

Unnamed tributary of Three Top Creek (portion located on Three Top Mountain Game

Lands)

(B) Avery County:



Wilson Creek (game land portion)

(C) Buncombe County:

Carter Creek (game land portion)

(D) Burke County:

Henry Fork (portion on South Mountains State Park)

(E) Jackson County:

Flat Creek

Tuckasegee River (upstream of Clarke property)

(F) McDowell County:

Newberry Creek (game land portion)

(G) Watauga County:

Dugger Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing)

Laurel Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing)

(H) Wilkes County:

Dugger Creek (portions on Laurelmor development, including tributaries. Anglers must check in at Laurelmor security office on Triplett Rd. prior to fishing)

Harris Creek (portion on Stone Mountain State Park)

(4) Catch and Release/Artificial Flies Only Trout Waters. Those portions of designated wild trout waters as listed in this Subparagraph, including tributaries except as noted, are further classified as Catch and Release/Artificial Flies Only waters. Only artificial flies having one single hook may be used. No trout may be harvested or be in possession while fishing these streams:

(A) Avery County:

Elk River (portion on Lees-McRae College property, excluding the millpond)

Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek)

(B) Transylvania County:

Davidson River (headwaters to Avery Creek, excluding Avery Creek, Looking Glass Creek

and Grogan Creek)

(C) Yancey County:

South Toe River (headwaters to Upper Creek, including tributaries)

Upper Creek (entire stream)

(5) Delayed Harvest Trout Waters. Those portions of designated Hatchery Supported Trout Waters as listed in this Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest Waters. Between 1 October and one-half hour after sunset on the Friday before the first Saturday of the following June, inclusive, it is unlawful to possess natural bait, use more than a single hook on an artificial lure, or harvest or possess trout while fishing these waters. These waters are closed to fishing between one-half hour after sunset on the Friday before the first Saturday in June and 6:00 a.m. on the first Saturday in June. At 6:00 a.m. on the first Saturday in June these waters are open for fishing under Hatchery Supported Waters rules for youth anglers only. Youth is defined as a person under 16 years of age. At 12:00 p.m. on the first Saturday in June these streams open for fishing under Hatchery Supported Waters rules for all anglers:

(A) Ashe County:

Trout Lake

Helton Creek (Virginia state line to New River)

(B) Burke County:

Jacob Fork (Shinny Creek to lower South Mountains State Park boundary)

(C) Caldwell County:

Wilson Creek (game lands portion downstream of Lost Cove Creek to Phillips Branch)

(D) Haywood County:

West Fork Pigeon River (Queen Creek to the first game land boundary upstream of Lake Logan)

(E) Henderson County:

North Fork Mills River (game land portion below the Hendersonville watershed dam)

(F) Jackson County:

Tuckasegee River (NC 107 bridge at Love Field Downstream to the Dillsboro dam)

(G) Macon County:

Nantahala River (Whiteoak Creek to the Nantahala hydropower discharge canal)

(H) Madison County.

Big Laurel Creek (NC 208 bridge to the US 25-70 bridge)

Shelton Laurel Creek (NC 208 bridge at Belva to the confluence with Big Laurel Creek)

(I) McDowell County:

Curtis Creek (game lands portion downstream of U.S. Forest Service boundary at Deep Branch

Mill Creek (US70 bridge to I 40 bridge)

(J) Mitchell County:

Cane Creek (NC 226 bridge to NC 80 bridge)

North Toe River (US 19E bridge to NC 226 bridge)

(K) Polk County:

Green River (Fishtop Falls Access Area to confluence with Cove Creek)

(L) Surry County:

Mitchell River (0.6 mile upstream of the end of SR 1333 to the SR 1330 bridge below Kapps Mill Dam)

(M) Transylvania County:

East Fork French Broad River (Glady Fork to French Broad River)

Little River (confluence of Lake Dense to 100 yards downstream of Hooker Falls)

(N) Watauga County:

Watauga River (adjacent to intersection of SR 1557 and SR 1558 to NC 105 bridge and SR 1114 bridge to NC 194 bridge at Valle Crucis)

(O) Wilkes County:

East Prong Roaring River (from Bullhead Creek downstream to the Stone Mountain State

Park lower boundary)

Stone Mountain Creek (from falls at Allegheny County line to confluence with East Prong

Roaring River and Bullhead Creek in Stone Mountain State Park)

Reddies River (Town of North Wilkesboro water intake dam to confluence with Yadkin River)

(6) Wild Trout/Natural Bait Waters. Those portions of designated Wild Trout Waters as listed in this Subparagraph, including tributaries except as noted, are further classified as Wild Trout/Natural Bait Waters. All artificial lures and natural baits, except live fish, are allowed provided they are fished using only one single hook. The creel limit, size limit, and open season are the same as other Wild Trout Waters [see 15A NCAC 10C .0305(a)].

(A) Cherokee County:

Bald Creek (game land portions)

Dockery Creek (game land portions)

North Shoal Creek (game land portions)

(B) Graham County:

Deep Creek

Long Creek (game land portion)

Franks Creek

(C) Haywood County:

Hemphill Creek (including tributaries)

Hurricane Creek (including portions of tributaries on game lands)

(D) Jackson County:

Buff Creek

Chattooga River (SR 1100 bridge to South Carolina state line)

(lower) Fowler Creek (game land portion)

Scotsman Creek (game land portion)

Shoal Creek (Glenville Reservoir pipeline to mouth)

West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake)

(E) Macon County:

Chattooga River (SR 1100 bridge to South Carolina state line)

Jarrett Creek (game land portion)

Kimsey Creek

Overflow Creek (game land portion)

Park Creek

Tellico Creek (game land portion)

Turtle Pond Creek (game land portion)

(F) Madison County:

Big Creek (headwaters to the lower game land boundary, including tributaries)

(G) Transylvania County:

North Fork French Broad River (game land portions downstream of SR 1326)

Thompson River (SR 1152 to South Carolina state line, except where posted against trespass,

including portions of tributaries within this section located on game lands)

(7) Special Regulation Trout Waters. Those portions of Designated Public Mountain Trout Waters as listed in this Subparagraph, excluding tributaries as noted, are further classified as Special Regulation Trout Waters. Regulations specific to each water are defined below:

Burke County

Catawba River (Muddy Creek to City of Morganton water intake dam).

Regulation: The daily creel limit is 7 trout and only one of which may be greater than 14 inches in length; no bait restrictions; no closed season.

(b) Fishing in Trout Waters

(1) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner whatsoever from designated public mountain trout waters during the closed seasons for trout fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether designated or not, as public mountain trout waters. Except in power reservoirs and city water supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters with more than one line. Night fishing is not allowed in most hatchery supported trout waters on game lands [see 15A NCAC 10D .0104(b)(1)].

(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (a)(3), (a)(4), and (a)(6) of this Rule, the following rules apply to fishing in wild trout waters.

(A) Open Season. There is a year round open season for the licensed taking of trout.

(B) Creel Limit. The daily creel limit is four trout.

(C) Size Limit. The minimum size limit is seven inches.

(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person shall possess natural bait while fishing wild trout waters except those waters listed in 15A NCAC 10C .0205(a)(6).

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset and one-half hour before sunrise.
History Note: Authority G.S. 113-272; 113-292;

Eff. February 1, 1976;

Amended Eff. July 1, 1998; July 1, 1997; July 1, 1996; July 1, 1995; July 1, 1994; July 1, 1993; October 1, 1992;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2001;

Temporary Amendment Eff. July 1, 2002;

Amended Eff. August 1, 2002 (approved by RRC) on 6/21/01 and 04/18/02);

Temporary Amendment Eff. June 1, 2003;

Amended Eff. June 1, 2004 (this amendment replaces the amendment approved by RRC on July 17 2003);

Amended Eff. August 1, 2010; May 1, 2009; May 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005.


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