North Carolina § 113-174 - Definitions.

§ 113-174. Definitions.

As used in this Article: Repealed by Session Laws 2005-455, s. 1.2, effective January 1, 2007. "CRFL" means Coastal Recreational Fishing License. "Division" means the Division of Marine Fisheries in the Department of Environmental Quality. "For Hire Vessel" means a charter boat, head boat, dive boat, or other vessel hired to allow individuals to engage in recreational fishing. "North Carolina resident" means an individual who is a resident within the meaning of G.S. 113-130(4). "Recreational fishing" means any activity preparatory to, during, or subsequent to the taking of any finfish, the taking of which is subject to regulation by the Marine Fisheries Commission, by any means if the purpose of the taking is to obtain finfish that are not to be sold. "Recreational fishing" does not include the taking of finfish: By a commercial fishing operation as defined in G.S. 113-168. For scientific purposes pursuant to G.S. 113-261. Under a RCGL issued pursuant to G.S. 113-173. Repealed by Session Laws 2005-455, s. 1.2, effective January 1, 2007. History (2004-187, s. 2; 2005-455, ss. 1.2, 1.19; 2013-360, s. 14.8(n); 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 2004-187, provides in its preamble: "Whereas, the State of North Carolina has one of the most diverse fisheries in the United States; and "Whereas, the General Assembly recognizes that for many citizens fishing is an important recreational activity and that saltwater fishing is a source of great personal enjoyment and satisfaction; and "Whereas, the General Assembly recognizes the importance of providing plentiful fishery resources to maintain and enhance tourism as a major contributor to the economy of the State; and "Whereas, the General Assembly recognizes that commercial fishermen perform an essential function by providing wholesome food for the citizens of the State, nation, and world, and thereby properly earn a livelihood; and "Whereas, the General Assembly recognizes the economic contribution and important heritage of traditional full-time and part-time commercial fishing; and "Whereas, the General Assembly recognizes the need to protect our coastal fishery resources and to balance the commercial and recreational interests through better management of these resources; and "Whereas, the General Assembly is Committed to the Continued viability of both recreational and commercial fishing industries in the state; and "Whereas, the General Assembly finds that it is essential to the success of efforts to better manage fishery resources that both the recreational and commercial fishing sectors are involved in and support these efforts; Now, therefore, "The General Assembly of North Carolina enacts:" Session Laws 2004-187, ss. 12(a)-(e), provide: "(a) The Board of Trustees of the North Carolina Saltwater Fishing Fund shall develop a plan for the implementation of Section 2 of this act [which enacted this Article]. The plan shall provide that: "(1) Licenses may be purchased or renewed via mail, electronic mail, the Internet, or telephone. "(2) The licensing and renewal system shall be fully automated and shall allow for the purchase or "(3) The licensing system shall not require individuals to hold a physical license. "(4) Verification of licensure shall be accomplished by an individual providing only the individual's name and residence address. "(b) The Board of Trustees of the North Carolina Saltwater Fishing Fund shall determine a date by which the plan developed pursuant to subsection (a) of this section would be fully implemented. "(c) The Board of Trustees of the North Carolina Saltwater Fishing Fund shall study issues related to the establishment of a unified recreational fishing license for recreational fishing in both the inland and coastal fishing waters of the State. The Board shall make specific findings as to whether a unified licensing system should be adopted for recreational fishing in the State and, if so, what the system should be and how it should be implemented. "(d) A report on the implementation plan, the determination of the date of full implementation, and the unified fishing license study required by subsections (a), (b), and (c) of this section shall be submitted to the Joint Legislative Commission on Seafood and Aquaculture no later than April 15, 2005. "(e) Notwithstanding the provisions of G.S. 113-175.2 as enacted by Section 1 of this act, the requirement that members of the Board of Trustees of the North Carolina Saltwater Fishing Fund must have purchased a current Saltwater Fishing License at the time of appointment and the requirement that members of the Board of Trustees must continue to have a current Saltwater Fishing License in order to remain eligible to serve on the Board of Trustees shall not apply until such time as the Saltwater Fishing License becomes available." Session Laws 2004-187, s. 14, contains a severability clause. Session Laws 2010-145, s. 1, provides: "The Marine Fisheries Commission shall adopt rules pursuant to and consistent with G.S. 113-171, as amended by Section 2 of this act [which amended subsection (b) and repealed subsections (c) and (d) relating to loss or suspension of a license for criminal convictions], and G.S. 143B-289.52 for the suspension, revocation, and reissuance of marine resources licenses and permits issued under Articles 14A, 14B, and 25A of Chapter 113 of the General Statutes. Rules adopted pursuant to this section shall not become effective prior to October 1, 2012. In adopting rules pursuant to this section, the Commission shall consider all of the following: "(1) Whether the rules should differentiate between minor and major violations. "(2) How to define minor and major violations. "(3) How service of revocation could be made more efficient. "(4) How the rules should treat violations related to recreational fishing licenses and permits. "(5) Whether violations related to littering or assault on a marine patrol inspector should be treated as grounds for suspension or revocation. "(6) Whether suspension and revocation provisions should be strengthened in cases of harvesting shellfish from polluted waters." Session Laws 2012-190, s. 1, provides: "(a) It is the intent of the General Assembly to provide funding for the dredging and maintenance of the State's coastal inlets from fees charged to those who make use of the inlets. "(b) In order to identify possible sources of funds for the purposes set out in subsection (a) of this section, the Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources, the Executive Director of the Wildlife Resources Commission, and the Deputy Secretary for Transit of the Department of Transportation shall jointly study the fees associated with the issuance of coastal fishing licenses pursuant to Chapter 113 of the General Statutes and the numbering and titling of vessels pursuant to Chapter 75A of the General Statutes. "(1) For coastal fishing licenses, the Director and Executive Director shall specifically: "a. Identify all types of fishing licenses issued for the purpose of taking fish in coastal fishing waters, both recreational and commercial. "b. Identify the fees associated with these licenses. "c. Identify the analogous licenses issued and fees charged by states with fisheries profiles similar to those of North Carolina, including at least South Carolina and Virginia. "d. Recommend several levels of increases in the license fees and calculate the amount of revenue that would be generated by the different levels of increase. "e. Identify any limitations under State or federal law on the use of license fees for purposes not related to the management of marine fisheries. "(2) For the numbering and titling of vessels, the Executive Director shall specifically: "a. Identify all requirements for the numbering and titling of vessels. "b. Determine whether there is a method for differentiating between vessels that are used predominantly in coastal fishing waters versus those that are used predominantly in inland fishing waters. "c. Identify the fees associated with the numbering and titling of vessels. "d. Identify the analogous vessel numbering and titling requirements and fees charged by states with coastal boating profiles similar to those of North Carolina, including at least South Carolina and Virginia. "e. Recommend several levels of increases in the fees associated with the numbering and titling of vessels and calculate the amount of revenue that would be generated by the different levels of increase. "f. Identify any limitations under State or federal law on the use of fees associated with the numbering and titling of vessels. "(3) The Director and the Executive Director shall examine all other sources of funding, including the gas tax. "(c) The Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources, the Executive Director of the Wildlife Resources Commission, and the Deputy Secretary for Transit of the Department of Transportation shall jointly submit a report on the study required by subsection (b) of this section to the Legislative Research Commission's Committee on Marine Fisheries no later than September 1, 2012." Effect of Amendments. - Session Laws 2005-455, s. 1.2, effective January 1, 2007, rewrote this section. Session Laws 2013-360, s. 14.8(n), effective August 1, 2013, substituted "vessel" for "boat" twice in subdivision (2a). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (2).