SECTION .0500 - PERMITS

 

15A NCAC 03O .0501      PROCEDURES AND REQUIREMENTS TO OBTAIN PERMITS

(a)  To obtain any Marine Fisheries permit, an applicant, responsible party, or person holding a power of attorney shall provide the following information:

(1)           the full name, physical address, mailing address, date of birth, and signature of the applicant on the application and, if the applicant is not appearing before a license agent or the designated Division contact, the applicant's signature on the application shall be notarized;

(2)           a current picture identification of applicant, responsible party, or person holding a power of attorney. Acceptable forms of picture identification are driver's license, North Carolina Identification card issued by the North Carolina Division of Motor Vehicles, military identification card, resident alien card (green card), or passport, or if applying by mail, a copy thereof;

(3)           for permits that require a list of designees, the full names and dates of birth of designees of the applicant who will be acting under the requested permit;

(4)           certification that the applicant and his designees do not have four or more marine or estuarine resource convictions during the previous three years;

(5)           for permit applications from business entities:

(A)          the business name;

(B)          the type of business entity: corporation, "educational institution" as defined in 15A NCAC 03I .0101, limited liability company (LLC), partnership, or sole proprietorship;

(C)          the name, address, and phone number of responsible party and other identifying information required by this Subchapter or rules related to a specific permit;

(D)          for a corporation applying for a permit in a corporate name, the current articles of incorporation and a current list of corporate officers;

(E)           for a partnership that is established by a written partnership agreement, a current copy of such agreement shall be provided when applying for a permit; and

(F)           for business entities other than corporations, copies of current assumed name statements if filed with the Register of Deeds office for the corresponding county and copies of current business privilege tax certificates, if applicable; and

(6)           additional information as required for specific permits.

(b)  A permittee shall hold a valid Standard or Retired Standard Commercial Fishing License in order to hold a:

(1)           Pound Net Permit;

(2)           Permit to Waive the Requirement to Use Turtle Excluder Devices in the Atlantic Ocean;

(3)           Atlantic Ocean Striped Bass Commercial Gear Permit; or

(4)           Permit for Weekend Trawling for Live Shrimp.

(A)          An individual who is assigned a Standard Commercial Fishing License is the individual required to hold a Permit for Weekend Trawling for Live Shrimp.

(B)          The master designated on the single vessel corporation Standard Commercial Fishing License is the individual required to hold the Permit for Weekend Trawling for Live Shrimp.

(c)  If mechanical methods to take shellfish are used, a permittee and his designees shall hold a valid Standard or Retired Standard Commercial Fishing License with a Shellfish Endorsement in order for a permittee to hold a:

(1)           Permit to Transplant Prohibited (Polluted) Shellfish;

(2)           Permit to Transplant Oysters from Seed Oyster Management Areas;

(3)           Permit to Use Mechanical Methods for Shellfish on Shellfish Leases or Franchises, except as provided in G.S. 113-169.2;

(4)           Permit to Harvest Rangia Clams from Prohibited (Polluted) Areas; or

(5)           Depuration Permit.

(d)  If mechanical methods to take shellfish are not used, a permittee and his designees shall hold a valid Standard or Retired Standard Commercial Fishing License with a Shellfish Endorsement or a Shellfish License in order for a permittee to hold a:

(1)           Permit to Transplant Prohibited (Polluted) Shellfish;

(2)           Permit to Transplant Oysters from Seed Oyster Management Areas;

(3)           Permit to Harvest Rangia Clams from Prohibited (Polluted) Areas; or

(4)           Depuration Permit.

(e)  A permittee shall hold a valid:

(1)           Fish Dealer License in the proper category in order to hold Dealer Permits for Monitoring Fisheries Under a Quota/Allocation for that category; and

(2)           Standard Commercial Fishing License with a Shellfish Endorsement, Retired Standard Commercial Fishing License with a Shellfish Endorsement, or a Shellfish License in order to harvest clams or oysters for depuration.

(f)  Aquaculture Operations/Collection Permits:

(1)           A permittee shall hold a valid Aquaculture Operation Permit issued by the Fisheries Director to hold an Aquaculture Collection Permit.

(2)           The permittee or designees shall hold appropriate licenses from the Division of Marine Fisheries for the species harvested and the gear used under the Aquaculture Collection Permit.

(g)  Atlantic Ocean Striped Bass Commercial Gear Permit:

(1)           An applicant for an Atlantic Ocean Striped Bass Commercial Gear Permit shall declare one of the following types of gear for an initial permit and at intervals of three consecutive license years thereafter:

(A)          a gill net;

(B)          a trawl net; or

(C)          a beach seine.

For the purpose of this Rule, a "beach seine" is defined as a swipe net constructed of multi-filament or multi-fiber webbing fished from the ocean beach that is deployed from a vessel launched from the ocean beach where the fishing operation takes place. Gear declarations shall be binding on the permittee for three consecutive license years without regard to subsequent annual permit issuance.

(2)           A person is not eligible for more than one Atlantic Ocean Striped Bass Commercial Gear Permit regardless of the number of Standard Commercial Fishing Licenses, Retired Standard Commercial Fishing Licenses, or assignments held by the person.

(h)  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 the deficiency in the application noted.

(i)  A permit shall be issued only after the application has been deemed complete by the Division of Marine Fisheries and the applicant certifies to abide by the permit general and specific conditions established under 15A NCAC 03J .0501, .0505, 03K .0103, .0104, .0107, .0111, .0401, 03O .0502, and .0503, as applicable to the requested permit.

(j)  In determining whether to issue, modify, or renew a permit, the Fisheries Director or his agent shall evaluate factors such as the following:

(1)           potential threats to public health or marine and estuarine resources regulated by the Marine Fisheries Commission;

(2)           the applicant's demonstration of a valid justification for the permit and a showing of responsibility; and

(3)           the applicant's history of fisheries violations evidenced by eight or more violations in 10 years.

(k)  The Division of Marine Fisheries shall notify the applicant in writing of the denial or modification of any permit request and the reasons therefor. The applicant may submit further information or reasons why the permit should not be denied or modified.

(l)  Permits are valid from the date of issuance through the expiration date printed on the permit. Unless otherwise established by rule, the Fisheries Director may establish the issuance timeframe for specific types and categories of permits based on season, calendar year, or other period based upon the nature of the activity permitted, the duration of the activity, compliance with federal or state fishery management plans or implementing rules, conflicts with other fisheries or gear usage, or seasons for the species involved. The expiration date shall be specified on the permit.

(m)  For permit renewals, the permittee's signature on the application shall certify all information as true and accurate. Notarized signatures on renewal applications shall not be required.

(n)  It is unlawful for a permit 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.

(o)  It is unlawful for a permit holder to fail to notify the Division of Marine Fisheries of a change of designee prior to use of the permit by that designee.

(p)  Permit applications are available at all Division Offices.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-169.2; 113-169.3; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. September 1, 2000; May 1, 2000;

Eff. April 1, 2001;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. May 1, 2017; May 1, 2015; April 1, 2011; April 1, 2009; July 1, 2008; December 1, 2007; September 1, 2005; April 1, 2003; August 1, 2002.