§ 113-168.1. General provisions governing licenses and endorsements. - North Carolina Statutes

§ 113‑168.1.  General provisions governinglicenses and endorsements.

(a)        Duration, Fees. – Except as provided in G.S. 113‑173(f),all licenses and endorsements issued under this Article expire on the last dayof the license year. An applicant for any license or endorsement shall pay thefull annual fee at the time the applicant applies for the license orendorsement regardless of when application is made.

(b)        Licenses Required to Engage in Commercial Fishing. – It isunlawful for any person to engage in a commercial fishing operation withoutholding a license and any endorsements required by this Article. It is unlawfulfor anyone to command a vessel engaged in a commercial fishing operationwithout complying with the provisions of this Article and rules adopted by theCommission under this Article.

(c)        Licenses, Assignments, and Endorsements Available forInspection. – It is unlawful for any person to engage in a commercial fishingoperation in the State without having ready at hand for inspection all validlicenses, assignments, and endorsements required under this Article. To complywith this subsection, a person must have any required endorsements and either acurrently valid (i) license issued in the person's true name and bearing theperson's current address or (ii) SCFL and an assignment of the SCFL authorizedunder this Article. It is unlawful for a person to refuse to exhibit anylicense, assignment, or endorsement required by this Article upon the requestof an inspector or other law enforcement officer authorized to enforce federalor State laws, regulations, or rules relating to marine fisheries.

(d)        No Dual Residency. – It is unlawful for any person to holdany currently valid license issued under this Article to the person as a NorthCarolina resident if that person holds any currently valid commercial orrecreational fishing license issued by another state to the person as aresident of that state.

(e)        License Format. – Licenses issued under this Article shallbe issued in the name of the applicant. Each license shall show the type oflicense and any endorsements; the name, mailing address, physical or residenceaddress, and date of birth of the licensee; the date on which the license isissued; the date on which the license expires; and any other information thatthe Commission or the Division determines to be necessary to accomplish thepurposes of this Subchapter.

(f)         License Issuance and Renewal. – Except as provided in G.S.113‑173(d), the Division shall issue licenses and endorsements under thisArticle to eligible applicants at any office of the Division or by mail fromthe Morehead City office of the Division. A license or endorsement may berenewed in person at any office of the Division or by mail to the Morehead Cityoffice of the Division. Eligibility to renew an expired SCFL shall end one yearafter the date of expiration of the SCFL.

(g)        Limitations on Eligibility. – A person is not eligible toobtain or renew a license or endorsement under this Article if, at the time theperson applies for the license or endorsement, any other license or endorsementissued to the person under this Article is suspended or revoked. A person isnot eligible to obtain a license or endorsement under this Article if, withinthe three years prior to the date of application, the person has beendetermined to be responsible for four or more violations of state laws,regulations, or rules governing the management of marine and estuarineresources. An applicant shall certify that the applicant has not been determinedto be responsible for four or more violations of state laws, regulations, orrules governing the management of marine and estuarine resources during theprevious three years. The Division may also consider violations of federal lawand regulations governing the management of marine and estuarine resources indetermining whether an applicant is eligible for a license.

(h)        Replacement Licenses and Endorsements. – The Division shallissue a replacement license, including any endorsements, to a licensee for alicense that has not been suspended or revoked. A licensee may apply for areplacement license for a license that has been lost, stolen, or destroyed andshall apply for a replacement license within 30 days of a change in thelicensee's name or address. A licensee may apply for a replacement license inperson at any office of the Division or by mail to the Morehead City office ofthe Division. A licensee may use a copy of the application for a replacementlicense that has been filed with the Division as a temporary license until thelicensee receives the replacement license. The Commission may establish a feefor each type of replacement license, not to exceed ten dollars ($10.00), thatcompensates the Division for the administrative costs associated with issuingthe replacement license.

(i)         Cancellation. – The Division may cancel a license orendorsement issued on the basis of an application that contains falseinformation supplied by the applicant. A cancelled license or endorsement isvoid from the date of issuance. A person in possession of a cancelled licenseor endorsement shall surrender the cancelled license or endorsement to theDivision. It is unlawful to refuse to surrender a cancelled license orendorsement upon demand of any authorized agent of the Division.

(j)         Advance Sale of Licenses, License Revenue. – To ensure anorderly transition from one license year to the next, the Division may issue alicense or endorsement prior to 1 July of the license year for which thelicense or endorsement is valid. Revenue that the Division receives for theissuance of a license or endorsement prior to the beginning of a license yearshall not revert at the end of the fiscal year in which the revenue is receivedand shall be credited and available to the Division for the license year inwhich the license or endorsement is valid. (1997‑400, s. 5.1; 1998‑225, s. 4.10; 1999‑209, s. 6;2001‑213, s. 2.)