§ 113-174.1. License required; general provisions governing licenses. - North Carolina Statutes

§ 113‑174.1.  Licenserequired; general provisions governing licenses.

(a)        License Required toEngage in Recreational Fishing. – It is unlawful for any individual to engagein recreational fishing in:

(1)        Coastal fishingwaters that are not joint fishing waters without holding a current licenseissued under this Article or under Article 25A of this Chapter that authorizesthe individual to engage in recreational fishing in coastal fishing waters.

(2)        Joint fishing waterswithout holding a current license issued under this Article or under Article 21or Article 25A of this Chapter that authorizes the individual to engage inrecreational fishing in joint fishing waters.

(a1)      Compliance WithApplicable Laws. – It is unlawful for any individual to engage in recreationalfishing without complying with applicable requirements of this Article andArticles 21 and 25A of this Chapter and with applicable rules adopted by theMarine Fisheries Commission and the Wildlife Resources Commission.

(a2)      Fourth of July FreeFishing Day. – The fourth day of July of each year is declared a free fishingday to promote the sport of fishing, and no license issued under this Articleor Article 25A of this Chapter is required to fish in any of the public watersof the State on that day. All other laws and rules pertaining to recreationalfishing apply.

(b)        Sale of FishProhibited. – A license issued under this Article or Article 25A of thisChapter does not authorize an individual who takes or lands any species of fishunder the authority of the Marine Fisheries Commission to sell, offer for sale,barter, or exchange the fish for anything of value. Except as provided in G.S.113‑168.4, it is unlawful for any individual who takes or lands anyspecies of fish under the authority of the Marine Fisheries Commission by anymeans to sell, offer for sale, barter, or exchange these fish for anything ofvalue.

(c)        Assignment andTransfer Prohibited. – It is unlawful to buy, sell, lend, borrow, assign, orotherwise transfer a license issued under this Article or Article 25A of thisChapter or to attempt to buy, sell, lend, borrow, assign, or otherwise transfera license issued under this Article or Article 25A of this Chapter.

(d),       (e) Repealed bySession Laws 2005‑455, s. 1.3, effective January 1, 2007.

(f)         Cancellation ofFraudulent License; Penalties. – The Wildlife Resources Commission may cancel alicense issued by the Commission under this Article or Article 25A of thisChapter if the license was issued on the basis of false information supplied bythe license applicant. The Division may cancel a For Hire Blanket CRFL issuedunder G.S. 113‑174.3 or an Ocean Fishing Pier Blanket CRFL issued underG.S. 113‑174.4 if the license was issued on the basis of falseinformation supplied by the license applicant. A cancelled license is void fromthe date of issuance. It is a Class 1 misdemeanor for an individual toknowingly do any of the following:

(1)        Engage in anyactivity regulated under this Article with an improper, false, or alteredlicense.

(2)        Make any false,fraudulent, or misleading statement in applying for a license issued under thisArticle or Article 25A of this Chapter.

(3)        Counterfeit, alter,or falsify any application or license issued under this Article or Article 25Aof this Chapter.

(g)        ReportingRequirements. – A person licensed under this Article or Article 25A of thisChapter shall comply with the biological data sampling and survey programs ofthe Marine Fisheries Commission and the Division.

(h)        ReplacementLicenses. – Upon receipt of a proper application together with a fee of fivedollars ($5.00), the Wildlife Resources Commission or the Division may issue anew license to replace one issued by the respective agency that has been lostor destroyed before its expiration. The application must be on a form of theWildlife Resources Commission or the Division setting forth information insufficient detail to allow ready identification of the lost or destroyedlicense and ascertainment of the applicant's continued entitlement to it. (2004‑187, s. 2; 2005‑455,ss. 1.3, 1.19.)