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.