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gambusia, the answer to your question is yes if you are referring to western N.C.
They are very common to our mountain streams and a very good bait for trout.
The NCWRC does'nt allow us to catch them for bait out of designated trout streams.
If you are thinking of using them for smallmouth, the law does allow you to harvest bait from any stream thats not a designated trout stream.

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