section .0500 - permits
15A NCAC 03O .0501 PROCEDURES AND REQUIREMENTS TO OBTAIN
(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
(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
(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
(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
(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)
(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
(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
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,