§ 113-173. Recreational Commercial Gear License. - North Carolina Statutes

§ 113‑173.  Recreational Commercial GearLicense.

(a)        License Required. – Except as provided in subsection (j) ofthis section, it is unlawful for any person to take or attempt to take fish forrecreational purposes by means of commercial fishing equipment or gear incoastal fishing waters without holding a RCGL. As used in this section, fishare taken for recreational purposes if the fish are not taken for the purposeof sale. The RCGL entitles the licensee to use authorized commercial gear totake fish for personal use subject to recreational possession limits. It isunlawful for any person licensed under this section or fishing under a RCGL topossess fish in excess of recreational possession limits.

(b)        Sale of Fish Prohibited. – It is unlawful for the holder ofa RCGL or for a person who is exempt under subsection (j) of this section tosell fish taken under the RCGL or pursuant to the exemption.

(c)        Authorized Commercial Gear. –

(1)        The Commission shall adopt rules authorizing the use of alimited amount of commercial fishing equipment or gear for recreational fishingunder a RCGL. The Commission may authorize the limited use of commercial gearon a uniform basis in all coastal fishing waters or may vary the limited use ofcommercial gear within specified areas of the coastal fishing waters. TheCommission shall periodically evaluate and revise the authorized use ofcommercial gear for recreational fishing. Authorized commercial gear shall beidentified by visible colored tags or other means specified by the Commissionin order to distinguish between commercial gear used in a commercial operationand commercial gear used for recreational purposes.

(2)        A person who holds a RCGL may use up to 100 yards of gillnet to take fish for recreational purposes. Two persons who each hold a RCGLand who are fishing from a single vessel may use up to a combined 200 yards ofgill net to take fish for recreational purposes. No more than 200 yards of gillnet may be used to take fish for recreational purposes from a single vesselregardless of the number of persons aboard the vessel who hold a RCGL.

(d)        Purchase; Renewal. – A RCGL may be purchased at designatedoffices of the Division and from a license agent authorized under G.S. 113‑172.A RCGL may be renewed by mail.

(e)        Replacement RCGL. – The provisions of G.S. 113‑168.1(h)apply to this section.

(f)         Duration; Fees. – The RCGL shall be valid for a one‑yearperiod from the date of purchase. The fee for a RCGL for a North Carolinaresident shall be thirty‑five dollars ($35.00). The fee for a RCGL for anindividual who is not a North Carolina resident shall be two hundred fiftydollars ($250.00).

(g)        RCGL Available for Inspection. – It is unlawful for anyperson to engage in recreational fishing by means of restricted commercial gearin the State without having ready at hand for inspection a valid RCGL. A holderof a RCGL shall not refuse to exhibit the RCGL upon the request of an inspectoror any other law enforcement officer authorized to enforce federal or Statelaws, regulations, or rules relating to marine fisheries.

(h)        Assignment and Transfer Prohibited. – A RCGL is nottransferable. Except as provided in subsection (j) of this section, it isunlawful to buy, sell, lend, borrow, assign, or otherwise transfer a RCGL, orto attempt to buy, sell, lend, borrow, assign, or otherwise transfer a RCGL.

(i)         Reporting Requirements. – The holder of a RCGL shall complywith the biological data sampling and survey programs of the Commission and theDivision.

(j)         Exemptions. –

(1)        A person who is under 16 years of age may take fish forrecreational purposes by means of authorized commercial gear without holding aRCGL if the person is accompanied by a parent, grandparent, or guardian whoholds a valid RCGL or if the person has in the person's possession a valid RCGLissued to the person's parent, grandparent, or guardian.

(2)        A person may take crabs for recreational purposes by meansof one or more crab pots attached to the shore along privately owned land or toa privately owned pier without holding a RCGL provided that the crab pots areattached with the permission of the owner of the land or pier.

(3)        A person who is on a vessel may take fish for recreationalpurposes by means of authorized commercial gear without holding a RCGL if thereis another person on the vessel who holds a valid RCGL. This exemption does notauthorize the use of commercial gear in excess of that authorized for use bythe person who holds the valid RCGL or, if more than one person on the vesselholds a RCGL, in excess of that authorized for use by those persons.

(4)        A person using nonmechanical means may take shellfish forpersonal use within the limits specified in G.S. 113‑169.2(i) withoutholding a RCGL.

(5)        A person may take fish for recreational purposes by means ofa gig without holding a RCGL. (1997‑400, s.5.1; 1997‑456, s. 55.7; 1998‑225, s. 4.21; 1999‑209, s. 9;2000‑139, s. 1; 2001‑213, s. 2; 2003‑340, s. 1.2; 2004‑187,s. 4; 2005‑455, s. 1.18.)