North Carolina § 113-169 - 2. Shellfish license for North Carolina residents without a SCFL.

§ 113-169. 2. Shellfish license for North Carolina residents without a SCFL.

License or Endorsement Necessary to Take or Sell Shellfish Taken by Hand Methods. - It is unlawful for an individual to take shellfish from the public or private grounds of the State as part of a commercial fishing operation by hand methods without holding either a shellfish license or a shellfish endorsement of a SCFL. A North Carolina resident who seeks only to take shellfish by hand methods and sell such shellfish shall be eligible to obtain a shellfish license without holding a SCFL. The shellfish license authorizes the licensee to sell shellfish. License Necessary to Take or Sell Shellfish Taken by Mechanical Means. - Except as provided in subsection (i) of this section, an individual who takes shellfish from the public or private grounds of the State by mechanical means must obtain an SCFL under the provisions of G.S. 113-168.2. Repealed by Session Laws 1998-225, s. 4.17, effective July 1, 1999. Fees. - Shellfish licenses issued under this section shall be issued annually upon payment of a fee of fifty dollars ($50.00) upon proof that the license applicant is a North Carolina resident. License Available for Inspection. - It is unlawful for any individual to take shellfish as part of a commercial fishing operation from the public or private grounds of the State without having ready at hand for inspection a current and valid shellfish license issued to the licensee personally and bearing the licensee's correct name and address. It is unlawful for any individual taking or possessing freshly taken shellfish to refuse to exhibit the individual's license upon the request of an officer authorized to enforce the fishing laws. Repealed by Session Laws 1998-225, s. 4.17, effective July 1, 1999. Name or Address Change. - In the event of a change in name or address or upon receipt of an erroneous shellfish license, the licensee shall, within 30 days, apply for a replacement shellfish license bearing the correct name and address. Upon a showing by the individual that the name or address change occurred within the past 30 days, the trial court or prosecutor shall dismiss any charges brought pursuant to this subsection. Transfer Prohibited. - It is unlawful for an individual issued a shellfish license to transfer or offer to transfer the license, either temporarily or permanently, to another. It is unlawful for an individual to secure or attempt to secure a shellfish license from a source not authorized by the Commission. Exemption. - Persons under 16 years of age are exempt from the license requirements of this section if accompanied by a parent, grandparent, or guardian who is in compliance with the requirements of this section or if in possession of a parent's, grandparent's or guardian's shellfish license. Taking Shellfish Without a License for Personal Use or as Employee of Certain License Holders. - Shellfish may be taken without a license under the following circumstances: For personal use in quantities established by rules of the Marine Fisheries Commission. When the taking is from an area leased for the cultivation of shellfish under Article 16 of this Chapter by a person who is an employee of a leaseholder holding a valid SCFL issued under the provisions of G.S. 113-168.2, and the person provides an authorization letter with the leaseholder's SCFL number and signature. History (1997-400, s. 5.1; 1998-225, s. 4.17; 2001-213, s. 2; 2004-187, s. 3; 2005-455, s. 1.18; 2009-433, s. 2; 2013-360, s. 14.8(g); 2014-100, s. 14.9(d); 2015-241, s. 14.10B.) Editor's Note. - 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 (c) by Session Laws 2014-100, s. 14.9(d), 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 2009-433, s. 2, effective August 7, 2009, in subsections (a) and (d), substituted "as part of a commercial fishing operation" for "in quantities greater than the personal use limits set forth in subsection (i) of this section"; in subsection (i), inserted "or as Employee of Certain License Holders" in the catchline, inserted "under the following circumstances: (1)" in the first sentence, and added subdivision (i)(2). Session Laws 2013-360, s. 14.8(g), effective August 1, 2013, in subsection (a), added "Taken by Hand Methods" in the subsection heading, deleted "by mechanical means or" following "private grounds of the State," substituted "hand methods" for "any means," and added "shellfish by hand methods" and "such" preceding "shellfish shall be"; added subsection (a1); and, in subsection (c), added "issued under this section," and substituted "thirty-one dollars and twenty-five cents ($31.25)" for "twenty-five dollars ($25.00)." Session Laws 2014-100, s. 14.9(d), effective August 7, 2014, substituted "fifty dollars ($50.00)" for "thirty-one dollars and twenty-five cents ($31.25)" in subsection (c). See Editor's note for applicability. Session Laws 2015-241, s. 14.10B, effective July 1, 2015, substituted "Except as provided in" for "Subject to" in subdivision (a1); in subsection (i), inserted "or as Employee of Certain License Holders" in the catchline, inserted "under the following circumstances: (1)" in the first sentence, and added subdivision (i)(2).