Subchapter 03o - LICENSES, LEASES,
FRANCHISES AND PERMITS
section .0100 - LICENSES
15A NCAC 03O .0101 procedures AND REQUIREMENTS TO OBTAIN
LICENSES, ENDORSEMENTS AND COMMERCIAL FISHING VESSEL REGISTRATIONS
(a) To obtain any Marine Fisheries licenses, endorsements,
commercial fishing vessel registrations, except Recreational Fishing Tournament
Licenses to Sell Fish and Land or Sell Licenses, the following information is
required for the application by the licensee, a responsible party, or person
holding a power of attorney:
(1) Full name, physical address, mailing address, date
of birth, and signature of the licensee on the application. If the licensee is
not appearing before a license agent or a representative of the Division, the
licensee's signature on the application shall be notarized;
(2) Current picture identification of licensee or
responsible party. Acceptable forms of picture identification are driver's
license, state identification card, military identification card, resident
alien card (green card), or passport; or if purchased by mail, a copy thereof;
(3) Certification that the applicant does not have four
or more marine or estuarine resource violations during the previous three
years;
(4) Valid documentation papers or current motor boat
registration, or copy thereof when purchasing a commercial fishing vessel
registration. If an application for transfer of documentation is pending, a
copy of the pending application and a notarized bill of sale may be submitted;
(5) Current articles of incorporation and a current
list of corporate officers when purchasing a license or commercial fishing
vessel registration in a corporate name. In the case of incorporation of an
individual fishing vessel, the name of the master of that vessel shall also be
specified. The responsible party shall notify the Morehead City Office of the
Division of Marine Fisheries within five days of change of the master specified
for that vessel;
(6) An affirmation of liability insurance and that the
operator is knowledgeable of United States Coast Guard (USCG) safety
requirements for the vessel(s) used in the operation in accordance with G.S.
113-168.6 when purchasing a commercial fishing vessel registration with a
for-hire endorsement.
(7) If a partnership is established by a written
partnership agreement, a current copy of such agreement shall be provided when
purchasing a license, endorsement, or commercial fishing vessel registration in
a partnership name;
(8) For nonresidents, certification of the state of
residency;
(9) In addition to the information required in G.S.
113-169.4, linear length of pier when purchasing an Ocean Fishing Pier License;
(10) In addition to the information required in G.S. 113-171.1,
current aircraft registration and list of operator(s) when purchasing a Spotter
Plane License;
(11) In addition, for fish dealers licenses, the physical
address of the established location where business is conducted and, if
different, the address where records are kept;
(12) When purchasing a Fish Dealer License with clam or
oyster categories or a consolidated license, the applicant shall provide valid
certification as a North Carolina certified shellfish dealer;
(13) In addition, for the Blanket For-Hire Captain's
Coastal Recreational Fishing License (CRFL), the applicant shall provide a
valid certification from the USCG that allows carrying six or fewer passengers
or a certification from the USCG that allows carrying more than six passengers;
and
(14) In addition, for the Blanket For-Hire Vessel CRFL or
the Non-Blanket For-Hire Vessel License, valid documentation papers or current
motor boat registration or copies thereof for the vessel engaged as for-hire.
If an application for transfer of documentation is pending, a copy of the
pending application and a notarized bill of sale may be submitted.
(b) License to Land Flounder from the Atlantic Ocean.
(1) To qualify for a License to Land Flounder from the
Atlantic Ocean, the applicant shall:
(A) have landed in North Carolina at least 1,000 pounds
of flounder from a single vessel each year from the Atlantic Ocean during any
two of the 1992-93, 1993-94, 1994-95 license years for which the person had a
vessel that was licensed to land in North Carolina; and
(B) have been licensed under G.S. 113-152 or 113-153
during any two of the 1992-93, 1993-94, or 1994-95 license years; and
(C) hold a valid Standard or Retired Standard Commercial
Fishing License or valid Land or Sell License.
(2) It is lawful for a person to hold Licenses to Land
Flounder from the Atlantic Ocean equal to the number of vessels that he owns
that individually met the eligibility requirements of Parts (b)(1)(A) and
(b)(1)(B) of this Rule.
(3) The License to Land Flounder from the Atlantic
Ocean is only valid when used on the vessel specified at the time of license
issuance.
(4) At the time of issuance, the applicant for the
License to Land Flounder from the Atlantic Ocean shall specify the name of the
master of the vessel for each License to Land Flounder from the Atlantic Ocean
issued.
(5) The holder of the License to Land Flounder from the
Atlantic Ocean shall notify the Morehead Office of the Division of Marine
Fisheries within five days of change as to the master identified on the
license.
(6) Licenses to Land Flounder from the Atlantic Ocean
are issued for the current license year and expire on June 30.
(c) To obtain a Recreational Fishing Tournament License to
Sell Fish, the tournament organizer shall apply with the Division of Marine
Fisheries at least 30 days prior to the starting date of the tournament with
the following required information:
(1) Full name, physical address, mailing address, date
of birth, signature of the tournament organizer, name of tournament, and dates
of tournament on the license application. If the licensee is not appearing
before a representative of the Division, the licensee's signature shall be
notarized on the application.
(2) Current picture identification of tournament
organizer. Acceptable forms of picture identification are driver's license,
state identification card, military identification card, resident alien card
(green card), or passport; or if purchased by mail, a copy thereof.
(d) To obtain a Land or Sell License, the following information
is required for a proper application:
(1) Full name, physical address, mailing address, date
of birth, and signature of the responsible party or master for the vessel on
the license application. If the licensee is not appearing before a representative
of the Division, the licensee's signature on the application shall be notarized
on the application;
(2) Current picture identification of responsible party
or master. Acceptable forms of picture identification are driver's license,
state identification card, military identification card, resident alien card
(green card), or passport; or if applying by mail, a copy thereof;
(3) Valid documentation papers or current motor boat
registration or copy thereof when purchasing a commercial fishing vessel registration.
If an application for transfer of documentation is pending, a copy of the
pending application and a notarized bill of sale may be submitted.
Fees shall be based on the vessel's homeport as it appears
on the U.S. Coast Guard documentation papers or the State in which the vessel
is registered, in accordance with G.S. 113-169.5.
(e) Proof of residency in North Carolina for:
(1) Standard Commercial Fishing License or Retired
Standard Commercial Fishing License shall require a notarized certification from
the applicant that the applicant is a resident of the State of North Carolina
as defined by G.S. 113-130(4); and
(A) a notarized certification from the applicant that a
North Carolina State Income Tax Return was filed for the previous calendar or
tax year as a North Carolina resident;
(B) a notarized certification that the applicant was not
required to file a North Carolina State Income Tax Return for the previous
calendar or tax year; or
(C) military identification, military dependent
identification and permanent change of station orders or assignment orders
substantiating individual's active duty assignment at a military facility in
North Carolina.
(2) All other types of licenses:
(A) North Carolina voter registration card; or
(B) Current North Carolina Driver's License; or
(C) Current North Carolina Certificate of Domicile; or
(D) Current North Carolina Identification Card issued by
the North Carolina Division of Motor Vehicles; or
(E) Military identification, military dependent
identification and permanent change of station orders or assignment orders
substantiating individual's active duty assignment at a military facility in
North Carolina.
(f) 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.
(g) It is unlawful for a license or registration 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.
(h) Licenses are available at Offices of the Division or by
mail from the Morehead City Office, unless otherwise specified. In addition,
Recreational Commercial Gear Licenses are available at Wildlife Service Agents
who have been designated as agents of the Department.
(i) To renew any Marine Fisheries licenses, endorsements,
and commercial fishing vessel registration, except Recreational Commercial Gear
Licenses, the following is required for the renewal application by the
licensee, a responsible party, or person holding a power of attorney;
(1) The information required in Subparagraphs (a)(4),
(a)(5), and (a)(6) of this Rule are only required if a change has occurred
since the last issuance of license, endorsement, or commercial fishing vessel
registration.
(2) Certification that articles of incorporation and
list of corporate officers, if incorporated, written partnership agreement, if
written partnership, or documentation papers or motor boat registration
previously provided for initial license purchase are still valid and current
for renewal.
(3) Current and valid state driver's license or state
identification picture identification numbers and expiration dates shall be
verified on mail license renewal applications or any other electronic license
renewal process, otherwise the licensee shall provide a photocopy for renewal
by mail or visit a Division License Office and present a current and valid
picture identification pursuant to Subparagraph (a)(2) of this Rule.
(4) The licensee's or responsible party's signature on
the application shall certify all information as true and accurate.
Notarization of signature on renewal applications shall not be required.
(5) The Division of Marine Fisheries may require
current copies of documentation for licenses, endorsements, or commercial
fishing vessel registration on renewal when necessary to verify inconsistent
information or the information cannot be verified by independent sources.
(6) If the linear length of the pier has not changed
for the Ocean Fishing Pier License renewal, the responsible party shall certify
that the length is accurate; otherwise, a Marine Patrol Officer's signature is
required to certify the linear length before the license can be renewed.
(7) Certification that shellfish dealer certification
by North Carolina previously provided for issuance of Fish Dealer License with
clam or oyster categories or consolidated license is still valid and current
for renewal.
History Note: Authority G.S. 113-134; 113-168;
113-168.1-6; 113-169; 113-169.2-5; 113-171.1; 113-174.3; 143B-289.52;
Eff. January 1, 1991;
Amended Eff. July 1, 1997; March 1, 1994;
Temporary Amendment Eff. July 1, 1999;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. April 1, 2001;
Amended Eff. May 1, 2015; July 1, 2008; December 1, 2006;
August 1, 2004; August 1, 2002.