15A NCAC 03O .0109      ASSIGNMENT OF SCFL

(a)  The Division of Marine Fisheries shall provide assignment forms upon issuance of the Standard Commercial Fishing License.  Assignment must be made on the Division assignment forms.  On the assignment form, the Standard Commercial Fishing License holder must designate what, if any, endorsements are included in the assignment.  Endorsements may not be assigned independent of the Standard Commercial Fishing License.  It is unlawful for the Standard Commercial Fishing License holder to fail to submit within five days the completed assignment form to any office of the Division in person or by mail to the Morehead City Division Office.  An assignment is in effect from the date specified on the assignment form and when:

(1)           assignment form is properly completed;

(2)           signatures of the current license holder and the assignee are notarized; and

(3)           assignee has in their possession the original actual Standard Commercial Fishing License with endorsements of the current license holder.

(b)  Assignments terminate when:

(1)           date specified on the assignment form is reached; or

(2)           licensee or assignee are determined ineligible for a license or assignment; or

(3)           Division receives a notarized statement from the current license holder stating a revised date for an earlier assignment termination; or

(4)           upon the licensee or assignee's death; or

(5)           the Standard Commercial Fishing License expires.

If the properly completely assignment form is not received by the Division within five days from the date it was signed, the assignment is null and void.  For an extension of time for assignments, a new assignment form must be completed in accordance with Subparagraphs (a)(1) - (3) of this Rule.

(c)  It is unlawful for an individual assigned a Standard Commercial Fishing License to fail to have available ready at hand for inspection all required documents as stated under G.S. 113-168.1.  The assignee when involved in a commercial fishing operation must have the original actual Standard Commercial Fishing License and any assigned endorsements and a copy of the assignment form in their possession ready for inspection.

(d)  All landings occurring during the time of the assignment shall be credited to the Standard Commercial Fishing License holder, not the assignee.

(e)  It is unlawful to be assigned more than a single Standard Commercial Fishing License at any one time.  It is unlawful to assign a Standard Commercial Fishing License to more than one individual at any one time.  Assignments may only be made by the person issued the Standard Commercial Fishing License and may not be further assigned by assignees.  Masters identified on the Standard Commercial Fishing Licenses of corporations consisting of an individual fishing vessel may not assign such licenses.

(f)  It is unlawful for a person to accept assignment of a Standard Commercial Fishing License for which they are ineligible.

(g)  Assignments submitted without complete and required information shall be deemed not in effect and shall not be considered further until resubmitted with all required information.

(h)  It is unlawful for any assignee of a Standard Commercial Fishing License not to return the assignment and the Standard Commercial Fishing License with any assigned endorsements to the assignor of that license within five days of notice that the assignment has been terminated or a demand by the assignor to return the license.

 

History Note:        Authority G.S. 113‑134; 113-168.1; 113-168.2; 113-168.5; 143B-289.52;

Eff. January 1, 1991;

Temporary Amendment Eff. October 2, 1999; July 1, 1999;

Amended Eff. August 1, 2000.