section .0500 - permits

 

15A NCAC 03O .0501       PROCEDURES AND REQUIREMENTS TO OBTAIN

PERMITS

(a)  To obtain any Marine Fisheries permit, the following

information is required for proper application from the applicant, a

responsible party, or person holding a power of attorney:

(1)           Full name, physical address, mailing

address, date of birth, and signature of the applicant on the application.  If

the applicant is not appearing before a license agent or the designated Division

contact, the applicant's signature on the application shall be notarized;

(2)           Current picture identification of

applicant, responsible party, or person holding a power of attorney. 

Acceptable forms of picture identification are driver's license, North Carolina

Identification card issued by the North Carolina Division of Motor Vehicles,

military identification card, resident alien card (green card), or passport; or

if applying by mail, a copy thereof;

(3)           Full names and dates of birth of designees

of the applicant who will be acting under the requested permit where that type

permit requires listing of designees;

(4)           Certification that the applicant and his

designees do not have four or more marine or estuarine resource convictions

during the previous three years;

(5)           For permit applications from business

entities:

(A)          Business Name;

(B)          Type of Business Entity:  Corporation, partnership,

or sole proprietorship;

(C)          Name, address, and phone number of responsible party

and other identifying information required by this Subchapter or rules related

to a specific permit;

(D)          For a corporation, current articles of incorporation

and a current list of corporate officers when applying for a permit in a

corporate name;

(E)           For a partnership, if the partnership is

established by a written partnership agreement, a current copy of such

agreement shall be provided when applying for a permit; and

(F)           For business entities, other than corporations,

copies of current assumed name statements if filed and copies of current

business privilege tax certificates, if applicable; and

(6)           Additional information as required for

specific permits.

(b)  A permittee shall hold a valid Standard or Retired

Standard Commercial Fishing License in order to hold a:

(1)           Pound Net Permit;

(2)           Permit to Waive the Requirement to Use

Turtle Excluder Devices in the Atlantic Ocean; or

(3)           Atlantic Ocean Striped Bass Commercial Gear

Permit.

(c)  A permittee and his designees shall hold a valid

Standard or Retired Standard Commercial Fishing License with a Shellfish

Endorsement or a Shellfish License in order to hold a:

(1)           Permit to Transplant Prohibited (Polluted)

Shellfish;

(2)           Permit to Transplant Oysters from Seed

Oyster Management Areas;

(3)           Permit to Use Mechanical Methods for

Shellfish on Shellfish Leases or Franchises;

(4)           Permit to Harvest Rangia Clams from

Prohibited (Polluted) Areas; or

(5)           Depuration Permit.

(d)  A permittee shall hold a valid:

(1)           Fish Dealer License in the proper category

in order to hold Dealer Permits for Monitoring Fisheries Under a

Quota/Allocation for that category; and

(2)           Standard Commercial Fishing License with a

Shellfish Endorsement, Retired Standard Commercial Fishing License with a

Shellfish Endorsement or a Shellfish License in order to harvest clams or

oysters for depuration.

(e)  Aquaculture Operations/Collection Permits:

(1)           A permittee shall hold a valid Aquaculture

Operation Permit issued by the Fisheries Director to hold an Aquaculture

Collection Permit.

(2)           The permittee or designees shall hold

appropriate licenses from the Division of Marine Fisheries for the species

harvested and the gear used under the Aquaculture Collection Permit.

(f)  Atlantic Ocean Striped Bass Commercial Gear Permit:

(1)           Upon application for an Atlantic Ocean

Striped Bass Commercial Gear Permit, a person shall declare one of the

following gears for an initial permit and at intervals of three consecutive

license years thereafter:

(A)          gill net;

(B)          trawl; or

(C)          beach seine.

For the purpose of this Rule, a "beach

seine" is defined as a swipe net constructed of multi-filament or

multi-fiber webbing fished from the ocean beach that is deployed from a vessel

launched from the ocean beach where the fishing operation takes place.

Gear declarations shall be

binding on the permittee for three consecutive license years without regard to

subsequent annual permit issuance.

(2)           A person is not eligible for more than one

Atlantic Ocean Striped Bass Commercial Gear Permit regardless of the number of

Standard Commercial Fishing Licenses, Retired Standard Commercial Fishing

Licenses or assignments held by the person.

(g)  Applications submitted without complete and required

information shall not be processed until all required information has been

submitted.  Incomplete applications shall be returned to the applicant with

deficiency in the application so noted.

(h)  A permit shall be issued only after the application has

been deemed complete by the Division of Marine Fisheries and the applicant

certifies to abide by the permit general and specific conditions established

under 15A NCAC 03J .0501, .0505, 03K .0103, .0104, .0107, .0111, .0401, 03O

.0502, and .0503 as applicable to the requested permit.

(i)  The Fisheries Director, or his agent may evaluate the

following in determining whether to issue, modify, or renew a permit:

(1)           Potential threats to public health or

marine and estuarine resources regulated by the Marine Fisheries Commission;

(2)           Applicant's demonstration of a valid

justification for the permit and a showing of responsibility as determined by

the Fisheries Director; and

(3)           Applicant's history of habitual fisheries

violations evidenced by eight or more violations in 10 years.

(j)  The Division of Marine Fisheries shall notify the

applicant in writing of the denial or modification of any permit request and

the reasons therefor.  The applicant may submit further information, or reasons

why the permit should not be denied or modified.

(k)  Permits are valid from the date of issuance through the

expiration date printed on the permit. Unless otherwise established by rule,

the Fisheries Director may establish the issuance timeframe for specific types

and categories of permits based on season, calendar year, or other period based

upon the nature of the activity permitted, the duration of the activity,

compliance with federal or state fishery management plans or implementing

rules, conflicts with other fisheries or gear usage, or seasons for the species

involved.  The expiration date shall be specified on the permit.

(l)  For permit renewals, the permittee's signature on the

application shall certify all information as true and accurate.  Notarization

of signature on renewal applications shall not be required.

(m)  For initial or renewal permits, processing time for

permits may be up to 30 days unless otherwise specified in this Chapter.

(n)  It is unlawful for a permit holder to fail to notify

the Division of Marine Fisheries within 30 days of a change of name or address,

in accordance with G.S. 113-169.2.

(o)  It is unlawful for a permit holder to fail to notify

the Division of Marine Fisheries of a change of designee prior to use of the

permit by that designee.

(p)  Permit applications are available at all Division

Offices.

 

History Note:        Authority G.S. 113-134; 113-169.1;

113-169.3; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. September 1, 2000; May 1, 2000;

Eff. April 1, 2001;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. May 1, 2015; April 1, 2011; April 1, 2009;

July 1, 2008; December 1, 2007; September 1, 2005; April 1, 2003; August 1,

2002.