Section .0100 - Licenses


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
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.