North Carolina § 113-272 - 3. Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets; lifetime licenses issued from Wildlife Resources Commission headquarters; personalized lifetime sportsman combination licenses.

§ 113-272. 3. Special provisions respecting fishing licenses; grabbling; taking bait fish; use of landing nets; lifetime licenses issued from Wildlife Resources Commission headquarters; personalized lifetime sportsman combination licenses.

The Wildlife Resources Commission by rule may define the meaning of "hook and line" and "special device" as applied to fishing techniques. Any technique of fishing that may be lawfully authorized which employs neither the use of any special device nor hook and line must be pursued under the appropriate hook-and-line fishing license. In accordance with established fishing customs and the orderly conservation of wildlife resources, the Wildlife Resources Commission may by rule provide for use of nets or other special devices which it may authorize as an incident to hook-and-line fishing or for procuring bait fish without requiring a special device license. In this instance, however, the individual fishing must meet applicable hook-and-line license requirements. Lifetime licenses are issued from the Wildlife Resources Commission headquarters to facilitate compliance with 50 C.F.R. § 80.31. Each application for any Infant Lifetime Sportsman, Youth Lifetime Sportsman, or Age 70 Resident Lifetime License must be accompanied by a copy of the birth certificate, adoption order containing the date of birth, or other proof of age satisfactory to the Commission, of the individual to be named as the licensee. Each application for a Fallen Wildlife Officers Memorial Lifetime Sportsman License shall be accompanied by proof of relationship to the fallen wildlife officer, satisfactory to the Wildlife Resources Commission, of the individual to be named as the licensee. In issuing lifetime licenses, the Wildlife Resources Commission is authorized to adopt rules to establish a personalized series for certain license types and to charge a five dollar ($5.00) administrative fee, to be deposited in the Wildlife Fund, to defray the cost of issuance of the personalized license. The fee shall not be assessed for a personalized Fallen Wildlife Officers Memorial Lifetime Sportsman License as enacted under G.S. 113-270.1D(b)(9). Mountain Heritage Trout Waters Program. - The Wildlife Resources Commission shall establish and implement a Mountain Heritage Trout Waters Program to promote trout fishing as a heritage tourism activity. The Commission shall develop criteria for participation in the Program by cities and prepare a management plan for mountain heritage trout waters. A city that meets the criteria for participation in the Program shall be designated by the Commission as a Mountain Heritage Trout City. History (1979, c. 830, s. 1; 1981, c. 482, s. 8; c. 620, s. 3; 1987, c. 827, s. 98; 1993 (Reg. Sess., 1994), c. 684, s. 6.1; 2005-455, s. 1.9; 2006-255, s. 9; 2018-82, s. 3; 2019-204, s. 6(i).) Cross References. - As to adoption of rules establishing fees for hunting, fishing, trapping and activity licenses issued and administered by the Wildlife Resources Commission, see G.S. 113-270.1B(e). Editor's Note. - Session Laws 2007-408, s. 3, purported to amend G.S. 133-272.3, which does not exist. The act set out the text of G.S. 113-272.3. Had the amendatory language of the act correctly identified G.S. 113-272.3, it would have added a new subsection (e) as follows: "(e) Mountain Heritage Trout Waters Program. - The Wildlife Resources Commission shall adopt rules to establish and implement a Mountain Heritage Trout Waters Program to promote trout fishing as a heritage tourism activity. The Commission shall develop criteria for participation in the Program by cities and prepare a management plan for mountain heritage trout waters. A city that meets the criteria for participation in the Program shall be designated by the Commission as a Mountain Heritage Trout City." Session Laws 2018-82 provides in its preamble: "Whereas, Deputy Game Warden John W. Hollowell lost his life in the line of duty on August 30, 1930; and "Whereas, Game Warden Joseph D. Whitaker lost his life in the line of duty on November 15, 1936; and "Whereas, District Game and Fish Protector W. I. Wright, Jr., lost his life in the line of duty on October 31, 1948; and "Whereas, Wildlife Agent Grover C. Quinn, Jr., lost his life in the line of duty on March 25, 1949; and "Whereas, Wildlife Protector William G. Holler lost his life in the line of duty on October 19, 1951; and "Whereas, Wildlife Protector Amos M. Bordeaux lost his life in the line of duty on April 10, 1962; and "Whereas, Wildlife Enforcement Officer John O. Edwards lost his life in the line of duty on August 3, 1963; and "Whereas, Wildlife Refuge Manager Dewey H. McCall lost his life in the line of duty on September 5, 1971; and "Whereas, Wildlife Enforcement Area Leader Troy M. Sigmon lost his life in the line of duty on September 1, 1978; and "Whereas, Wildlife Enforcement Officer Lloyd O. Mayse lost his life in the line of duty on November 27, 1980; and "Whereas, Wildlife Enforcement Officer William A. Williamson lost his life in the line of duty on December 4, 1985; and "Whereas, thousands of men and women proudly perform their duties as wildlife enforcement officers throughout the United States and the State of North Carolina; and "Whereas, Section 5 of Article XIV of the North Carolina Constitution declares it to be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry; and "Whereas, Section 5 of Article XIV of the North Carolina Constitution also declares it to be the proper function of the State to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, open lands, and places of beauty; and "Whereas, G.S. 143B-135.42 provides that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources and finds that these resources are part of the heritage of the people of this State and should be preserved and managed by the people for their use and for the use of their visitors and descendants; and "Whereas, the Wildlife Enforcement Officers of the Wildlife Resources Commission are dedicated public servants and work tirelessly to uphold these provisions of the State's Constitution and General Statutes, fulfill their duties to preserve our State's spectacular natural resources, and assure the safety of the State's citizenry in enjoying these resources; and "Whereas, the origins of the Wildlife Resource Commission may be traced to 1947, when the General Assembly established the agency to conserve and sustain the State's wildlife and inland fish resources; and "Whereas, the Wildlife Enforcement Officers of the Wildlife Resources Commission have responsibility for enforcement of the inland fishing, hunting, trapping, and boating laws throughout the State; and "Whereas, many Wildlife Enforcement Officers have been injured in the line of duty, and eleven Wildlife Enforcement Officers have lost their lives in the line of duty; and "Whereas, it is fitting to honor and commend the exemplary group of men and women who have served and continue to serve our State and nation and routinely endure dangerous and difficult conditions in the performance of their duties and those that have been injured and lost in the line of duty through service to their State and nation; Now, therefore," Session Laws 2018-82, s. 4, provides: "The Wildlife Resources Commission may adopt rules to implement this act." Effect of Amendments. - Session Laws 2005-455, s. 1.9, effective January 1, 2006, substituted "certificate, adoption order containing the date of birth, or other proof of age satisfactory to the Commission, of the individual to be named as the licensee" for "certificate of the individual to be named as the license holder" in subsection (c). Session Laws 2006-255, s. 9, effective August 23, 2006, in subsection (d), deleted "sportsman combination" preceding "licenses" near the beginning, and inserted "for certain license types" near the middle. Session Laws 2018-82, s. 2, effective July 1, 2019, added the last sentence in subsections (c) and (d). Session Laws 2019-204, s. 6(i), effective September 1, 2019, rewrote subsection (c); and added subsection (e).