2005 North Carolina Code - General Statutes Article 14B - Coastal Recreational Fishing Licenses.

Article 14B.

Coastal Recreational Fishing Licenses

§ 113‑174.� (Effective January 1, 2007) Definitions.

As used in this Article:

(1)������ Repealed by Session Laws 2005‑455, s. 1.2, effective January 1, 2007.

(1a)���� "CRFL" means Coastal Recreational Fishing License.

(2)������ "Division" means the Division of Marine Fisheries in the Department of Environment and Natural Resources.

(2a)���� "For Hire Boat" means a charter boat, head boat, dive boat, or other boat hired to allow individuals to engage in recreational fishing.

(3)������ "North Carolina resident" means an individual who is a resident within the meaning of G.S. 113‑130(4).

(4)������ "Recreational fishing" means any activity preparatory to, during, or subsequent to the taking of any finfish, the taking of which is subject to regulation by the Marine Fisheries Commission, by any means if the purpose of the taking is to obtain finfish that are not to be sold. "Recreational fishing" does not include the taking of finfish:

a.�������� By a commercial fishing operation as defined in G.S. 113‑168.

b.�������� For scientific purposes pursuant to G.S. 113‑261.

c.�������� Under a RCGL issued pursuant to G.S. 113‑173.

(5)������ Repealed by Session Laws 2005‑455, s. 1.2, effective January 1, 2007. (2004‑187, s. 2; 2005‑455, ss. 1.2, 1.19.)

 

§ 113‑174.1.� (Effective January 1, 2007) License required; general provisions governing licenses.

(a)������ License Required to Engage in Recreational Fishing. � It is unlawful for any individual to engage in recreational fishing in:

(1)������ Coastal fishing waters that are not joint fishing waters without holding a current license issued under this Article or under Article 25A of this Chapter that authorizes the individual to engage in recreational fishing in coastal fishing waters.

(2)������ Joint fishing waters without holding a current license issued under this Article or under Article 21 or Article 25A of this Chapter that authorizes the individual to engage in recreational fishing in joint fishing waters.

(a1)���� Compliance With Applicable Laws. � It is unlawful for any individual to engage in recreational fishing without complying with applicable requirements of this Article and Articles 21 and 25A of this Chapter and with applicable rules adopted by the Marine Fisheries Commission and the Wildlife Resources Commission.

(a2)���� Fourth of July Free Fishing Day. � The fourth day of July of each year is declared a free fishing day to promote the sport of fishing, and no license issued under this Article or Article 25A of this Chapter is required to fish in any of the public waters of the State on that day. All other laws and rules pertaining to recreational fishing apply.

(b)������ Sale of Fish Prohibited. � A license issued under this Article or Article 25A of this Chapter does not authorize an individual who takes or lands any species of fish under 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 any species of fish under the authority of the Marine Fisheries Commission by any means to sell, offer for sale, barter, or exchange these fish for anything of value.

(c)������ Assignment and Transfer Prohibited. � It is unlawful to buy, sell, lend, borrow, assign, or otherwise transfer a license issued under this Article or Article 25A of this Chapter or to attempt to buy, sell, lend, borrow, assign, or otherwise transfer a license issued under this Article or Article 25A of this Chapter.

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

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

(1)������ Engage in any activity regulated under this Article with an improper, false, or altered license.

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

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

(g)������ Reporting Requirements. � A person licensed under this Article or Article 25A of this Chapter shall comply with the biological data sampling and survey programs of the Marine Fisheries Commission and the Division.

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

 

§ 113‑174.2.� (Effective January 1, 2007) Coastal Recreational Fishing License.

(a)������ Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

(a1)���� Authorization to Fish in Coastal and Joint Fishing Waters. � A CRFL issued under this section authorizes the licensee to engage in recreational fishing in coastal fishing waters, including joint fishing waters. A CRFL issued under this section does not authorize the licensee to fish in inland fishing waters.

(b)������ Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

(c)������ Types of CRFLs; Fees; Duration. � The Wildlife Resources Commission shall issue the following CRFLs:

(1)������ Annual Resident CRFL. � $15.00. This license is valid for a period of one year from the date of issuance. This license shall be issued only to an individual who is a resident of the State.

(1a)���� Annual Nonresident CRFL. � $30.00. This license is valid for a period of one year from the date of issuance. This license shall be issued only to an individual who is not a resident of the State.

(2)������ Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

(3)������ Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

(4)������ Ten‑Day Resident CRFL. � $5.00. This license is valid for a period of 10 consecutive days, as indicated on the license. This license shall be issued only to an individual who is a resident of the State.

(4a)���� Ten‑Day Nonresident CRFL. � $10.00. This license is valid for a period of 10 consecutive days, as indicated on the license. This license shall be issued only to an individual who is not a resident of the State.

(5)������ Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

(6)������ Lifetime CRFLs. � Except as provided in sub‑subdivision j. of this subdivision, CRFLs issued under this subdivision are valid for the lifetime of the licensee.

a. �d.�� Repealed by Session Laws 2005‑455, s. 1.4, effective January 1, 2007.

e.�������� Infant Lifetime CRFL. � $100.00. This license shall be issued only to an individual younger than one year of age.

f.��������� Youth Lifetime CRFL. � $150.00. This license shall be issued only to an individual who is one year of age or older but younger than 12 years of age.

g.�������� Resident Adult Lifetime CRFL. � $250.00. This license shall be issued only to an individual who is 12 years of age or older but younger than 65 years of age and who is a resident of the State.

h.�������� Nonresident Adult Lifetime CRFL. � $500.00. This license shall be issued only to an individual who is 12 years of age or older and who is not a resident of the State.

i.��������� Resident Elderly Lifetime CRFL. � $15.00. This license shall be issued only to an individual who is 65 years of age or older and who is a resident of the State.

j.��������� Resident Disabled Veteran CRFL. � $10.00. This license shall be issued only to an individual who is a resident of the State and who is a fifty percent (50%) or more disabled veteran as determined by the United States Department of Veterans Affairs. This license remains valid for the lifetime of the licensee so long as the licensee remains fifty percent (50%) or more disabled.

k.�������� Resident Totally Disabled CRFL. � $10.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration.

(d)������ Exemptions. � An individual is exempt from the license requirements of G.S. 113‑174.1(a) if the individual either:

(1)������ Is under 16 years of age.

(2)������ Holds any of the following licenses that were purchased prior to January 1, 2006:

a.�������� Infant Lifetime Sportsman License issued under G.S. 113‑270.1D(b)(1).

b.�������� Youth Lifetime Sportsman License issued under G.S. 113‑270.1D(b)(2).

c.�������� Adult Resident Lifetime Sportsman License issued under G.S. 113‑270.1D(b)(3).

d.�������� Nonresident Lifetime Sportsman License issued under G.S. 113‑270.1D(b)(4).

e.�������� Age 70 Resident Lifetime Sportsman License issued under G.S. 113‑270.1D(b)(5).

f.��������� Lifetime Resident Comprehensive Fishing License issued under G.S. 113‑271(d)(3).

g.�������� Lifetime Combination Hunting and Fishing License for Disabled Residents issued under G.S. 113‑270.1C(b)(4).

h.�������� Disabled Resident Sportsman License issued under G.S. 113‑270.1D(b)(6).

(3)������ Holds any of the following licenses:

a.�������� Lifetime Fishing License for the Legally Blind issued under G.S. 113‑271(d)(7).

b.�������� Adult Care Home Resident Fishing License issued under G.S. 113‑271(d)(8). (2004‑187, s. 2; 2005‑455, ss. 1.4, 1.19.)

 

§ 113‑174.3.� (Effective January 1, 2007) For Hire Blanket CRFL.

(a)������ License. � A person who operates a for hire boat may purchase a For Hire Blanket CRFL issued by the Division. A For Hire Blanket CRFL authorizes all individuals on the for hire boat who do not hold a license issued under this Article or Article 25A of this Chapter to engage in recreational fishing in coastal fishing waters that are not joint fishing waters. A For Hire Blanket CRFL does not authorize individuals to engage in recreational fishing in joint fishing waters or inland fishing waters. This license is valid for a period of one year from the date of issuance. The fee for a For Hire Blanket CRFL is:

(1)������ Two hundred fifty dollars ($250.00) for a vessel captained by an individual who holds a certification from the United States Coast Guard to carry six or fewer passengers.

(2)������ Three hundred fifty dollars ($350.00) for a vessel captained by an individual who holds a certification from the United States Coast Guard to carry greater than six passengers.

(b)������ Implementation. � Except as provided in this section and G.S. 113‑174.2(d), each individual on board a for hire boat engaged in recreational fishing, other than crew members who do not engage in recreational fishing, must hold a license issued under this Article or Article 25A of this Chapter. An owner, operator, or crew member of a for hire boat is not responsible for the licensure of a customer fishing from the boat. (2005‑455, s. 1.5.)

 

§ 113‑174.4.� (Effective January 1, 2007) Ocean Fishing Pier Blanket CRFL.

Ocean Fishing Pier Blanket CRFL. � A person who owns or operates an ocean fishing pier and who charges a fee to allow a person to engage in recreational fishing from the pier may purchase an Ocean Fishing Pier Blanket CRFL issued by the Division. An Ocean Fishing Pier Blanket CRFL authorizes all individuals who do not hold a license issued under this Article or Article 25A of this Chapter to engage in recreational fishing in coastal fishing waters while on the pier. This license is valid for a period of one year from the date of issuance. The fee for an Ocean Fishing Pier Blanket CRFL is four dollars ($4.00) per linear foot, to the nearest foot, that the pier extends into coastal fishing waters beyond the mean high waterline. The length of the pier shall be measured to include all extensions of the pier. (2005‑455, s. 1.5.)