(a) Requirement. Except as otherwise provided in this Article,it is unlawful for any person to engage in a commercial fishing operation inthe coastal fishing waters without holding a SCFL issued by the Division. Aperson who works as a member of the crew of a vessel engaged in a commercialfishing operation under the direction of a person who holds a valid SCFL is notrequired to hold a SCFL. A person who holds a SCFL is not authorized to takeshellfish unless the SCFL is endorsed as provided in G.S. 113‑168.5(d) orthe person holds a shellfish license issued pursuant to G.S. 113‑169.2.
(a1) Use of Vessels. The holder of a SCFL is authorized to useonly one vessel in a commercial fishing operation at any given time. TheCommission may adopt a rule to exempt from this requirement a person in commandof a vessel that is auxiliary to a vessel engaged in a pound net operation,long‑haul operation, beach seine operation, or menhaden operation.
(b) through (d) Repealed by Session Laws 1998‑225, s.4.11.
(e) Fees. The annual SCFL fee for a resident of this Stateshall be two hundred dollars ($200.00). The annual SCFL fee for a person who isnot a resident of this State shall be eight hundred dollars ($800.00) or theamount charged to a resident of this State in the nonresident's state,whichever is less. In no event, however, may the fee be less than two hundreddollars ($200.00). For purposes of this subsection, a "resident of thisState" is a person who is a resident within the meaning of:
(1) Sub‑subdivisions a. through d. of G.S. 113‑130(4)and who filed a State income tax return as a resident of North Carolina for theprevious calendar or tax year, or
(2) G.S. 113‑130(4)e.
(f) Assignment. The holder of a SCFL may assign the SCFL toany individual who is eligible to hold a SCFL under this Article. Theassignment shall be in writing on a form provided by the Division and shallinclude the name of the licensee, the license number, any endorsements, the assignee'sname, mailing address, physical or residence address, and the duration of theassignment. If a notarized copy of an assignment is not filed with the MoreheadCity office of the Division within five days of the date of the assignment, theassignment shall expire. It is unlawful for the assignee of a SCFL to assignthe SCFL. The assignment shall terminate:
(1) Upon written notification by the assignor to the assigneeand the Division that the assignment has been terminated.
(2) Upon written notification by the estate of the assignor tothe assignee and the Division that the assignment has been terminated.
(3) If the Division determines that the assignee is operating inviolation of the terms and conditions applicable to the assignment.
(4) If the assignee becomes ineligible to hold a license underthis Article.
(5) Upon the death of the assignee.
(6) If the Division suspends or revokes the assigned SCFL.
(7) At the end of the license year.
(g) Transfer. A SCFL may be transferred only by the Division.A SCFL may be transferred pursuant to rules adopted by the Commission or uponthe request of:
(1) A licensee, from the licensee to a member of the licensee'simmediate family who is eligible to hold a SCFL under this Article.
(2) The administrator or executor of the estate of a deceasedlicensee, to the administrator or executor of the estate if a surviving memberof the deceased licensee's immediate family is eligible to hold a SCFL underthis Article. The administrator or executor must request a transfer under thissubdivision within six months after the administrator or executor qualifiesunder Chapter 28A of the General Statutes. An administrator or executor whoholds a SCFL under this subdivision may, for the benefit of the estate of thedeceased licensee:
a. Engage in a commercial fishing operation under the SCFL ifthe administrator or executor is eligible to hold a SCFL under this Article.
b. Assign the SCFL as provided in subsection (f) of thissection.
c. Renew the SCFL as provided in G.S. 113‑168.1.
(3) An administrator or executor to whom a SCFL was transferredpursuant to subdivision (2) of this subsection, to a surviving member of thedeceased licensee's immediate family who is eligible to hold a SCFL under thisArticle.
(4) The surviving member of the deceased licensee's immediatefamily to whom a SCFL was transferred pursuant to subdivision (3) of thissubsection, to a third‑party purchaser of the deceased licensee's fishingvessel.
(5) A licensee who is retiring from commercial fishing, to athird‑party purchaser of the licensee's fishing vessel.
(h) Identification as Commercial Fisherman. The receipt of acurrent and valid SCFL or shellfish license issued by the Division shall serveas proper identification of the licensee as a commercial fisherman.
(i) Record‑Keeping Requirements. The fish dealer shallrecord each transaction at the time and place of landing on a form provided bythe Division. The transaction form shall include the information on the SCFL orshellfish license, the quantity of the fish, the identity of the fish dealer,and other information as the Division deems necessary to accomplish thepurposes of this Subchapter. The person who records the transaction shallprovide a completed copy of the transaction form to the Division and to theother party of the transaction. The Division's copy of each transaction formshall be transmitted to the Division by the fish dealer on or before the tenthday of the month following the transaction. (1997‑400, s. 5.1; 1998‑225, s. 4.11; 2001‑213, s.2.)
(a) Requirement. Except as otherwise provided in this Article,it is unlawful for any person to engage in a commercial fishing operation inthe coastal fishing waters without holding a SCFL issued by the Division. Aperson who works as a member of the crew of a vessel engaged in a commercialfishing operation under the direction of a person who holds a valid SCFL is notrequired to hold a SCFL. A person who holds a SCFL is not authorized to takeshellfish unless the SCFL is endorsed as provided in G.S. 113‑168.5(d) orthe person holds a shellfish license issued pursuant to G.S. 113‑169.2.
(a1) Use of Vessels. The holder of a SCFL is authorized to useonly one vessel in a commercial fishing operation at any given time. TheCommission may adopt a rule to exempt from this requirement a person in commandof a vessel that is auxiliary to a vessel engaged in a pound net operation,long‑haul operation, beach seine operation, or menhaden operation.
(b) through (d) Repealed by Session Laws 1998‑225, s.4.11.
(e) Fees. The annual SCFL fee for a resident of this Stateshall be two hundred dollars ($200.00). The annual SCFL fee for a person who isnot a resident of this State shall be eight hundred dollars ($800.00) or theamount charged to a resident of this State in the nonresident's state,whichever is less. In no event, however, may the fee be less than two hundreddollars ($200.00). For purposes of this subsection, a "resident of thisState" is a person who is a resident within the meaning of:
(1) Sub‑subdivisions a. through d. of G.S. 113‑130(4)and who filed a State income tax return as a resident of North Carolina for theprevious calendar or tax year, or
(2) G.S. 113‑130(4)e.
(f) Assignment. The holder of a SCFL may assign the SCFL toany individual who is eligible to hold a SCFL under this Article. Theassignment shall be in writing on a form provided by the Division and shallinclude the name of the licensee, the license number, any endorsements, the assignee'sname, mailing address, physical or residence address, and the duration of theassignment. If a notarized copy of an assignment is not filed with the MoreheadCity office of the Division within five days of the date of the assignment, theassignment shall expire. It is unlawful for the assignee of a SCFL to assignthe SCFL. The assignment shall terminate:
(1) Upon written notification by the assignor to the assigneeand the Division that the assignment has been terminated.
(2) Upon written notification by the estate of the assignor tothe assignee and the Division that the assignment has been terminated.
(3) If the Division determines that the assignee is operating inviolation of the terms and conditions applicable to the assignment.
(4) If the assignee becomes ineligible to hold a license underthis Article.
(5) Upon the death of the assignee.
(6) If the Division suspends or revokes the assigned SCFL.
(7) At the end of the license year.
(g) Transfer. A SCFL may be transferred only by the Division.A SCFL may be transferred pursuant to rules adopted by the Commission or uponthe request of:
(1) A licensee, from the licensee to a member of the licensee'simmediate family who is eligible to hold a SCFL under this Article.
(2) The administrator or executor of the estate of a deceasedlicensee, to the administrator or executor of the estate if a surviving memberof the deceased licensee's immediate family is eligible to hold a SCFL underthis Article. The administrator or executor must request a transfer under thissubdivision within six months after the administrator or executor qualifiesunder Chapter 28A of the General Statutes. An administrator or executor whoholds a SCFL under this subdivision may, for the benefit of the estate of thedeceased licensee:
a. Engage in a commercial fishing operation under the SCFL ifthe administrator or executor is eligible to hold a SCFL under this Article.
b. Assign the SCFL as provided in subsection (f) of thissection.
c. Renew the SCFL as provided in G.S. 113‑168.1.
(3) An administrator or executor to whom a SCFL was transferredpursuant to subdivision (2) of this subsection, to a surviving member of thedeceased licensee's immediate family who is eligible to hold a SCFL under thisArticle.
(4) The surviving member of the deceased licensee's immediatefamily to whom a SCFL was transferred pursuant to subdivision (3) of thissubsection, to a third‑party purchaser of the deceased licensee's fishingvessel.
(5) A licensee who is retiring from commercial fishing, to athird‑party purchaser of the licensee's fishing vessel.
(h) Identification as Commercial Fisherman. The receipt of acurrent and valid SCFL or shellfish license issued by the Division shall serveas proper identification of the licensee as a commercial fisherman.
(i) Record‑Keeping Requirements. The fish dealer shallrecord each transaction at the time and place of landing on a form provided bythe Division. The transaction form shall include the information on the SCFL orshellfish license, the quantity of the fish, the identity of the fish dealer,and other information as the Division deems necessary to accomplish thepurposes of this Subchapter. The person who records the transaction shallprovide a completed copy of the transaction form to the Division and to theother party of the transaction. The Division's copy of each transaction formshall be transmitted to the Division by the fish dealer on or before the tenthday of the month following the transaction. (1997‑400, s. 5.1; 1998‑225, s. 4.11; 2001‑213, s.2.)
(a) Requirement. Except as otherwise provided in this Article,it is unlawful for any person to engage in a commercial fishing operation inthe coastal fishing waters without holding a SCFL issued by the Division. Aperson who works as a member of the crew of a vessel engaged in a commercialfishing operation under the direction of a person who holds a valid SCFL is notrequired to hold a SCFL. A person who holds a SCFL is not authorized to takeshellfish unless the SCFL is endorsed as provided in G.S. 113‑168.5(d) orthe person holds a shellfish license issued pursuant to G.S. 113‑169.2.
(a1) Use of Vessels. The holder of a SCFL is authorized to useonly one vessel in a commercial fishing operation at any given time. TheCommission may adopt a rule to exempt from this requirement a person in commandof a vessel that is auxiliary to a vessel engaged in a pound net operation,long‑haul operation, beach seine operation, or menhaden operation.
(b) through (d) Repealed by Session Laws 1998‑225, s.4.11.
(e) Fees. The annual SCFL fee for a resident of this Stateshall be two hundred dollars ($200.00). The annual SCFL fee for a person who isnot a resident of this State shall be eight hundred dollars ($800.00) or theamount charged to a resident of this State in the nonresident's state,whichever is less. In no event, however, may the fee be less than two hundreddollars ($200.00). For purposes of this subsection, a "resident of thisState" is a person who is a resident within the meaning of:
(1) Sub‑subdivisions a. through d. of G.S. 113‑130(4)and who filed a State income tax return as a resident of North Carolina for theprevious calendar or tax year, or
(2) G.S. 113‑130(4)e.
(f) Assignment. The holder of a SCFL may assign the SCFL toany individual who is eligible to hold a SCFL under this Article. Theassignment shall be in writing on a form provided by the Division and shallinclude the name of the licensee, the license number, any endorsements, the assignee'sname, mailing address, physical or residence address, and the duration of theassignment. If a notarized copy of an assignment is not filed with the MoreheadCity office of the Division within five days of the date of the assignment, theassignment shall expire. It is unlawful for the assignee of a SCFL to assignthe SCFL. The assignment shall terminate:
(1) Upon written notification by the assignor to the assigneeand the Division that the assignment has been terminated.
(2) Upon written notification by the estate of the assignor tothe assignee and the Division that the assignment has been terminated.
(3) If the Division determines that the assignee is operating inviolation of the terms and conditions applicable to the assignment.
(4) If the assignee becomes ineligible to hold a license underthis Article.
(5) Upon the death of the assignee.
(6) If the Division suspends or revokes the assigned SCFL.
(7) At the end of the license year.
(g) Transfer. A SCFL may be transferred only by the Division.A SCFL may be transferred pursuant to rules adopted by the Commission or uponthe request of:
(1) A licensee, from the licensee to a member of the licensee'simmediate family who is eligible to hold a SCFL under this Article.
(2) The administrator or executor of the estate of a deceasedlicensee, to the administrator or executor of the estate if a surviving memberof the deceased licensee's immediate family is eligible to hold a SCFL underthis Article. The administrator or executor must request a transfer under thissubdivision within six months after the administrator or executor qualifiesunder Chapter 28A of the General Statutes. An administrator or executor whoholds a SCFL under this subdivision may, for the benefit of the estate of thedeceased licensee:
a. Engage in a commercial fishing operation under the SCFL ifthe administrator or executor is eligible to hold a SCFL under this Article.
b. Assign the SCFL as provided in subsection (f) of thissection.
c. Renew the SCFL as provided in G.S. 113‑168.1.
(3) An administrator or executor to whom a SCFL was transferredpursuant to subdivision (2) of this subsection, to a surviving member of thedeceased licensee's immediate family who is eligible to hold a SCFL under thisArticle.
(4) The surviving member of the deceased licensee's immediatefamily to whom a SCFL was transferred pursuant to subdivision (3) of thissubsection, to a third‑party purchaser of the deceased licensee's fishingvessel.
(5) A licensee who is retiring from commercial fishing, to athird‑party purchaser of the licensee's fishing vessel.
(h) Identification as Commercial Fisherman. The receipt of acurrent and valid SCFL or shellfish license issued by the Division shall serveas proper identification of the licensee as a commercial fisherman.
(i) Record‑Keeping Requirements. The fish dealer shallrecord each transaction at the time and place of landing on a form provided bythe Division. The transaction form shall include the information on the SCFL orshellfish license, the quantity of the fish, the identity of the fish dealer,and other information as the Division deems necessary to accomplish thepurposes of this Subchapter. The person who records the transaction shallprovide a completed copy of the transaction form to the Division and to theother party of the transaction. The Division's copy of each transaction formshall be transmitted to the Division by the fish dealer on or before the tenthday of the month following the transaction. (1997‑400, s. 5.1; 1998‑225, s. 4.11; 2001‑213, s.2.)
