North Carolina § 113-168 - 2. Standard Commercial Fishing License.

§ 113-168. 2. Standard Commercial Fishing License.

Requirement. - Except as otherwise provided in this Article, it is unlawful for any person to engage in a commercial fishing operation in the coastal fishing waters without holding a SCFL issued by the Division. A person who works as a member of the crew of a vessel engaged in a commercial fishing operation under the direction of a person who holds a valid SCFL is not required to hold a SCFL. A person who holds a SCFL is not authorized to take shellfish unless the SCFL is endorsed as provided in G.S. 113-168.5. Use of Vessels. - The holder of a SCFL is authorized to use only one vessel in a commercial fishing operation at any given time. The Commission may adopt a rule to exempt from this requirement a person in command of a vessel that is auxiliary to a vessel engaged in a pound net operation, long-haul operation, or beach seine operation. A person who works as a member of the crew of a vessel engaged in a mechanical shellfish operation under the direction of a person who holds a valid SCFL with a shellfish endorsement is not required to hold a shellfish license. through (d) Repealed by Session Laws 1998-225, s. 4.11, effective July 1, 1999. Fees. - The annual SCFL fee for a resident of this State shall be four hundred dollars ($400.00). The annual SCFL fee for a person who is not a resident of this State shall be the amount charged to a resident of this State in the nonresident's state. In no event, however, may the fee be less than four hundred dollars ($400.00). For purposes of this subsection, a "resident of this State" is a person who is a resident within the meaning of: Sub-subdivisions a. through d. of G.S. 113-130(4) and who filed a State income tax return as a resident of North Carolina for the previous calendar or tax year, or G.S. 113-130(4)e. If the Division determines that the assignee is operating in violation of the terms and conditions applicable to the assignment. If the assignee becomes ineligible to hold a license under this Article. Upon the death of the assignee. If the Division suspends or revokes the assigned SCFL. At the end of the license year. Engage in a commercial fishing operation under the SCFL if the administrator or executor is eligible to hold a SCFL under this Article. Assign the SCFL as provided in subsection (f) of this section. Renew the SCFL as provided in G.S. 113-168.1. Record-Keeping Requirements. - The fish dealer shall record each transaction at the time and place of landing on a form provided by the Division. The transaction form shall include the information on the SCFL or shellfish license, the quantity of the fish, the identity of the fish dealer, and other information as the Division deems necessary to accomplish the purposes of this Subchapter. The person who records the transaction shall provide a completed copy of the transaction form to the Division and to the other party of the transaction. The Division's copy of each transaction form shall be transmitted to the Division by the fish dealer on or before the tenth day of the month following the transaction. Assignment. - The holder of a SCFL may assign the SCFL to any individual who is eligible to hold a SCFL under this Article. It is unlawful for the holder of an SCFL to assign a shellfish endorsement of an SCFL to any individual who is not a resident of this State. The assignment shall be in writing on a form provided by the Division and shall include the name of the licensee, the license number, any endorsements, the assignee's name, mailing address, physical or residence address, and the duration of the assignment. If a notarized copy of an assignment is not filed with the Morehead City office of the Division within five days of the date of the assignment, the assignment shall expire. It is unlawful for the assignee of a SCFL to assign the SCFL. The assignment shall terminate: Transfer. - A SCFL may be transferred only by the Division. A SCFL may be transferred pursuant to rules adopted by the Commission or upon the request of: Identification as Commercial Fisherman. - The receipt of a current and valid SCFL or shellfish license issued by the Division shall serve as proper identification of the licensee as a commercial fisherman. (1) Upon written notification by the assignor to the assignee and the Division that the assignment has been terminated. (2) Upon written notification by the estate of the assignor to the assignee and the Division that the assignment has been terminated. (1) A licensee, from the licensee to a member of the licensee's immediate family who is eligible to hold a SCFL under this Article. (2) The administrator or executor of the estate of a deceased licensee, to the administrator or executor of the estate if a surviving member of the deceased licensee's immediate family is eligible to hold a SCFL under this Article. The administrator or executor must request a transfer under this subdivision within six months after the administrator or executor qualifies under Chapter 28A of the General Statutes. An administrator or executor who holds a SCFL under this subdivision may, for the benefit of the estate of the deceased licensee: (3) An administrator or executor to whom a SCFL was transferred pursuant to subdivision (2) of this subsection, to a surviving member of the deceased licensee's immediate family who is eligible to hold a SCFL under this Article. (4) The surviving member of the deceased licensee's immediate family to whom a SCFL was transferred pursuant to subdivision (3) of this subsection, to a third-party purchaser of the deceased licensee's fishing vessel. (5) A licensee who is retiring from commercial fishing, to a third-party purchaser of the licensee's fishing vessel. History (1997-400, s. 5.1; 1998-225, s. 4.11; 2001-213, s. 2; 2013-360, s. 14.8(b); 2013-384, s. 2(c); 2014-100, s. 14.9(b).) Editor's Note. - The subdivision designations in subsection (f) were redesignated at the direction of the Revisor of Statutes. Session Laws 1997-400, s. 5.6, provides: "The Revisor of Statutes shall set out Section 5.2 of this act as a note to G.S. 113-168.2, as enacted by Section 5.1 of this act." Session Laws 1997-400, s. 5.2, as amended by 1998-225, s. 4.24, effective July 1, 1998, provides: "(a) Definitions; Citations. The definitions set out in G.S. 113-168 apply to this section. A citation to a provision of the General Statutes in this section means that provision of the General Statutes as enacted by this act. "(b) Transitional Provisions. In order to effect an orderly implementation of this part and the transition from the moratorium imposed by subsection (a) of Section 3 of Chapter 576 of the 1993 Session Laws, Regular Session 1994, as amended by Section 3 of Chapter 675 of the 1993 Session Laws, Regular Session 1994; subsection (a) of Section 26.5 of Chapter 507 of the 1995 Session Laws; Section 7 of S.L. 1997-256; Section 3 of S.L. 1997-347; and Section 6.1 of this act, to the licensing provision of Article 14A of Chapter 113 of the General Statutes, the provisions of this section shall apply to the issuance of licenses under Article 14A of Chapter 113 of the General Statutes until all Fishery Management Plans have been adopted as required by G.S. 113-182.1 and G.S. 143B-289.22. "(c) Temporary Cap. There is hereby imposed a temporary cap on the total number of SCFLs that the Division may issue. The temporary cap equals the total number of endorsements to sell fish that establish eligibility for a SCFL under subsection (g) of this section plus 500 additional SCFLs, authorized by subsection (d) of this section. "(d) 1999-2000 License Year. For the 1999-2000 license year, the Commission is authorized to issue SCFLs as provided in subsection (g) of this section plus an additional 500 SCFLs using the procedure set out in subsection (h) of this section. "(e) Subsequent License Years. For license years beginning with the 2000-01 license year, the Commission is authorized to issue SCFLs from the pool of available SCFLs as provided in subsection (f) of this section using the procedure set out in subsection (h) of this section. "(f) Adjustment of Number of SCFLs. The number of SCFLs in the pool of available SCFLs in license years beginning with the 2000-01 license year is the temporary cap less the number of SCFLs that were issued and renewed during the previous year. The Commission may increase or decrease the number of SCFLs that are issued from the pool of available SCFLs. The Commission may increase the number of SCFLs that are issued from the pool of available SCFLs up to the temporary cap. The Commission may decrease the number of SCFLs that are issued from the pool of available SCFLs but may not refuse to renew a SCFL that is issued during the previous license year and that has not been suspended or revoked. The Commission shall increase or decrease the number of SCFLs that are issued to reflect its determination as to the effort that the fishery can support, based on the best available scientific evidence. "(g) Eligibility for SCFL. Any person who holds a valid endorsement to sell fish of a vessel license on 30 June 1999 is eligible to receive a SCFL. Any person who holds a valid nonvessel endorsement to sell fish, other than a nonvessel endorsement to sell fish issued for an aquaculture operation or a fishing tournament, on 30 June 1999 is eligible to receive a SCFL. The Division shall issue a SCFL to any person who is eligible under this subsection upon receipt of an application and required fees. If the person held more than one endorsement to sell fish, the person is eligible to receive a SCFL for each endorsement to sell previously held. Eligibility to receive a SCFL under this subsection shall expire 30 June 2000. "(h) Procedure for Issuing Additional SCFLs. The Commission shall determine a procedure for issuing the 500 additional SCFLs authorized by subsection (d) of this section for the 1999-2000 license year and for issuing SCFLs from the pool of available SCFLs authorized by subsection (e) of this section. The procedure shall set a date on which the Division will begin receiving applications and a date on which the determination by lot of which applicants will receive a SCFL will be made. The Commission shall develop criteria to be used by the SCFL Eligibility Board in determining eligibility for a SCFL under this subsection. Criteria shall include the past involvement of the applicant and the applicant's family in commercial fishing; the extent to which the applicant has relied on commercial fishing the for applicant's livelihood; the extent to which the applicant has complied with federal and State laws, regulations, and rules relating to coastal fishing and protection of the environment; and any other factors the Commission determines to be relevant. The SCFL Eligibility Board shall review each application for a SCFL that the Division receives during the application period to determine whether the applicant is eligible under the eligibility criteria established by the Commission. The Division shall issue SCFLs under this subsection by lot. All applicants who are determined to be eligible shall have an equal chance of being issued a SCFL. "(i) SCFL Eligibility Board. There is established a SCFL Eligibility Board. The Board shall apply the eligibility criteria adopted by the Commission to determine whether an applicant for a SCFL is eligible for a SCFL under subsection (h) of this section. The Board shall consist of the Secretary of Environment and Natural Resources or the Secretary's designee, the Fisheries Director or the Director's designee, and the Chair of the Commission or the Chair's designee. The Secretary shall designate one member of the Board to serve as Chair of the Board. The Commission shall adopt rules to govern the operation of the Board. The Board is exempt from the provisions of Article 3 of Chapter 150B of the General Statutes. Decisions of the Board shall be subject to judicial review under the provisions of Article 4 of Chapter 150B of the General Statutes." The former September 1, 2003, sunset for Session Laws 1997-400, s. 5.2 enacted by s. 6.15 of the 1997 act was repealed by Session Laws 2001-213, s. 2. Session Laws 1999-209, ss. 4(a)-( l ), made effective July 1, 1999, until October 1, 2000, by Session Laws 1999-209, s. 10, and amended by Session Laws 2000-142, s. 1, effective August 2, 2000, provide: "(a) The definitions set out in G.S. 113-168 shall apply to this section. "(b) SCFL Valid to Take Crabs. - A person who holds a SCFL or a RSCFL may take crabs as part of a commercial fishing operation from the coastal fishing waters of North Carolina. "(c) Interim Crab License Required to Take Crabs as Part of a Commercial Fishing Operation; Sale of Crabs. - Except as otherwise provided by this section, it is unlawful for any person to take crabs as part of a commercial fishing operation from the coastal fishing waters of North Carolina without having first procured an interim crab license. A person who works as a member of the crew of a vessel that is taking crabs as part of a commercial fishing operation under the direction of a person who holds an interim crab license is not required to hold an interim crab license. An interim crab license entitles the holder to transfer crabs taken under the interim crab license to a person who holds a Standard Commercial fishing License issued under G.S. 113-168.2 or a Retired Standard commercial Fishing License issued under G.S. 113-168.3. "(d) Eligibility for Interim Crab License. - Any person who held a valid crab license issued pursuant to G.S.113-153.1 at any time during the period July 1, 1994, through June 30, 1999, is eligible to receive an interim crab license. The Division shall issue an interim crab license to any person who is eligible under this section upon receipt of an application and required fees. "(e) Duration; Fees. - The interim crab license expires on October 1, 2000. The fee for the interim crab license shall be seven dollars and fifty cents ($7.50) for a resident of this State and one hundred dollars ($100.00) for a person who is not a resident of this State. "(f) General Provisions. - Subsections (c),(d), (e), (g), (h), and (i) of G.S. 113-168.1 shall apply to the interim crab license. "(g) License Issuance. - The Division shall issue an interim crab license to eligible applicants at any office of the Division. "(h) Assignment and Transfer. - Except as provided in this subsection and subsection (j) of this section, it is unlawful to buy, sell, lend, borrow, assign, or otherwise transfer an interim crab license, or to attempt to buy, sell, lend, borrow, assign, or otherwise transfer an interim crab license. An interim crab license may be transferred only by the division. The Division shall transfer an interim crab license only to a person who is eligible to obtain or renew a license or endorsement under G.S. 113-168.1(g). The Division may transfer an interim crab license upon the request of: "(1) A licensee, from the licensee to a member of the licensee's immediate family. "(2) The administrator or executor of the estate of a deceased licensee, to the administrator or executor of the estate. The administrator or executor must request a transfer under this subdivision within six months after the administrator or executor qualifies under Chapter 28A of the General Statutes. An administrator or executor who holds an interim crab license under this subdivision may, for the benefit of the estate of the deceased licensee, take crabs as part of a commercial fishing operation. "(3) An administrator or executor to whom an interim crab license was transferred pursuant to subdivision (2) of this subsection, to a surviving member of the deceased licensee's immediate family. "(4) The surviving member of the deceased licensee's immediate family to whom an interim crab license was transferred pursuant to subdivision (3) of this subsection, to a third-party purchaser of the deceased licensee's fishing vessel. "(i) Record-Keeping Requirements. - The record-keeping requirements of G.S. 113-168.2(i) shall apply to the interim crab license. "(j) Exemptions. - A person who is under 16 years of age is exempt from the license requirements of this section if the person is accompanied by a parent, grandparent, or guardian who holds an interim crab license or if the person has in the person's possession a valid interim crab license issued to the person's parent, grandparent, or guardian. "(k) Rules on Incidental Taking of Crabs. - Notwithstanding subsections (b) and (c) of this section, the marine Fisheries Commission may adopt rules to allow the landing and sale of crabs taken incidentally in the course of other commercial fishing operations. "( l ) Note to G.S. 113-168.2 - The Revisor of Statutes shall set out this section [s. 4 of Session Laws 1999-209] as a note to G.S. 113-168.2." Session Laws 2000-142, s. 2, provides that between August 2, 2000, and ending October 1, 2000, a person who holds an interim crab license established under Session Laws 1999-209, s. 4, may apply for a Standard Commercial Fishing License (SCFL) from the pool of available licenses established under Session Laws 1997-400, s. 5.2, as amended by Session Laws 1998-225, s. 4.24, as provided in this section. Notwithstanding Session Laws 1997-400, s. 5.2(c), (e), and (f), as amended by Session Laws 1998-225, s. 4.24, the Marine Fisheries Commission shall increase the number of SCFLs in the pool of available licenses to the extent necessary to allow the Division of Marine Fisheries to issue a SCFL to each person who holds an interim crab license; who applies for a SCFL between August 2, 2000 and October 1, 2000; and who qualifies for a SCFL under the eligibility criteria established pursuant to Session Laws 1997-400, s. 5.2(h), as amended by Session Laws 1998-225, s. 4.24. The Division of Marine Fisheries may issue only one SCFL to a person under this section regardless of the number of interim crab licenses the person holds. The duration of and fee for a SCFL issued pursuant to this section shall be as provided in G.S. 113-168.1 and G.S. 113-168.2, regardless of when the SCFL is issued. Session Laws 2014-100, s. 14.8A(a), provides: "The General Assembly finds that additional funding is necessary to support the Division of Marine Fisheries' At-Sea Observer Program and for the continued viability of the commercial fishing industry in North Carolina." Session Laws 2014-100, s. 14.9(j), made the amendment to subsection (e) by Session Laws 2014-100, s. 14.9(b), applicable to fees collected for the 2015-2016 license year and all succeeding license years. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2013-360, s. 14.8(b), effective August 1, 2013, substituted "G.S. 113-168.5" for "G.S. 113-168.5(d) or the person holds a shellfish license issued pursuant to G.S. 113-169.2" in subsection (a); added the last sentence in subsection (a1); in subsection (e), substituted "two hundred fifty dollars ($250.00)" for "two hundred dollars ($200.00)" twice, and deleted "eight hundred dollars ($800.00) or" following "State shall" and "whichever is less" following "state" at the end of the second sentence; and added the second sentence in subsection (f). Session Laws 2013-384, s. 2(c), effective August 23, 2013, substituted "or beach seine" for "beach seine operation, or menhaden" in subsection (a1). Session Laws 2014-100, s. 14.9(b), effective August 7, 2014, substituted "four hundred dollars ($400.00)" for "two hundred fifty dollars ($250.00)" twice in the introductory language of subsection (e). See Editor's note for applicability.