GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1156

Short Title:  Saltwater Sports Fishing License.	(Public)
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Sponsors: Representative Bowman.
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Referred to:  Environment.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO REQUIRE A LICENSE FOR RECREATIONAL HOOK-AND-LINE FISHING IN COASTAL FISHING WATERS.
The General Assembly of North Carolina enacts:
Section 1.  Article 14 of Chapter 113 of the General Statutes is amended by adding the following:
"§ 113-168.  Sports fishing licenses in coastal fishing waters.
(a)	Except as otherwise provided in this Chapter, it is unlawful for any person to take or attempt to take fish by means of hook-and-line in coastal fishing waters without having first procured a current and valid saltwater sports fishing license.
(b)	Except when indicated otherwise, all saltwater sports fishing licenses are annual licenses.  Annual saltwater sports fishing licenses expire on December 31 of each year and are subject to the full license fee regardless of when issued.
(c)	The saltwater sports fishing licenses issued by the Marine Fisheries Commission are as follows:
(1)	Resident Saltwater Fishing Licenses valid only for use by individual residents of the State only during the consecutive days or year indicated:
a.	Three days - $6.00.
b.	Two weeks (14 days) - $10.00.
c.	Annual - $15.00.
(2)	Lifetime Resident Saltwater Fishing License - $250.00.  This license is valid only for use by individual residents of the State.
(3)	Nonresident Saltwater Fishing Licenses valid for use by an individual within the State only during the consecutive days or year indicated.
a.	Three days - $15.00.
b. 	Two weeks (14 days) - $22.00.
c.	Annual - $30.00.
(4)	Lifetime Resident Saltwater Fishing License for the Locally Blind - No Charge.  This license is valid only for use by an individual resident of the State who has been certified by the Department of Human Resources as a person whose vision with glasses is insufficient for use in ordinary occupations for which sight is essential.  This license is valid for the life of the individual so long as he remains legally blind.
(5)	Totally Disabled Resident Saltwater Fishing License - $6.00.  This license is valid only for use by an individual resident of the State who is totally disabled (physically incapable of being gainfully employed).  This license is valid for the life of the individual so long as he remains totally disabled.
(6)	Disabled Veteran Resident Saltwater Fishing License - $6.00.  This license is valid only for use by an individual resident of the State who is a fifty percent (50%) or more disabled war veteran as determined by the Department of Veteran Affairs.  This license is valid for the life of the individual so long as he remains fifty percent (50%) or more disabled.
(7)	Age 70 Lifetime Saltwater Fishing License - $6.00.  This license is valid only for use by an individual resident of the State who has attained the age of 70 years.  This license is valid for the life of the individual.
"§ 113-169.  General provisions respecting saltwater sports
             fishing licenses.
(a)	Upon receipt of a proper application together with a fee of two dollars ($2.00), the Marine Fisheries Commission may issue a new saltwater sports fishing license to replace one that has been lost or destroyed before its expiration.  The application must be on a form of the Marine Fisheries Commission setting forth information in sufficient detail to allow ready identification of the lost or destroyed saltwater sports fishing license and ascertainment of the applicant's continued entitlement to it.
(b)	In implementing the sale and distribution of saltwater sports fishing licenses issued under this Article, the Marine Fisheries Commission may require license applicants to disclose such information as necessary for determining the applicant's eligibility for a particular license.  Such information as deemed desirable to assist in enforcement of license requirements may be required to be recorded on the face of any license.  Fixing the form of the license may be by reasonable administrative directive, and requirements as to such form need not be embodied in rules of the Marine Fisheries Commission in order to be validly required.
(c)	Except as otherwise specifically provided by statute or except as the Marine Fisheries Commission may by rule prescribe to the contrary:
(1)	All saltwater sports fishing licenses under this Article must be kept ready at hand by or bout the person of individual licensees while engaged in the regulated operations;
(2)	All saltwater sports fishing licenses under this Article are nontransferable; and
(3)	Every individual engaged in operations subject to saltwater sports fishing license requirements must have an individual license issued to him personally bearing his correct name and address.
(d)	It is unlawful to buy, sell, lend, borrow, or in any other way transfer or receive or attempt any such activities with respect to any nontransferable license for the purpose of circumventing the requirements of this Article.
(e)	It is unlawful for any individual subject to the fishing license requirements of G.S. 113-168 to take, attempt to take, or possess any fish freshly taken from coastal fishing waters, without having ready at hand for inspection a current and valid saltwater sports fishing license issued to him personally and bearing his correct name and address.  It is unlawful for any such individual taking, attempting to take any fish, or possessing any fish freshly taken from coastal fishing waters to refuse to exhibit his license upon the request of an officer authorized to enforce the fishing laws.
(f)	It is unlawful to fail to comply with any provisions of this Article or of rules and administrative requirements reasonably promulgated under the authority of this Article, including licensing requirements of G.S. 113-169(g).
(g)	In the best interests of the conservation of marine and estuarine resources, the Marine Fisheries Commission is authorized to require by rule that any fishing gear or equipment, in addition to hook-and-line, used to take or attempt to take fish for sports or recreational purposes or for personal consumption from coastal fishing waters is subject to the fishing license requirements of G.S. 113-168.  The Commission may require a separate license be obtained for fishing gear or equipment other than hook-and-line.  The fees for such licenses shall not exceed the fees authorized in G.S. 113-168.
(h)	The net proceeds of all sales of saltwater sports fishing licenses made pursuant to G.S. 113-168 and G.S. 113-169(g) must be devoted to new or expanded marine fisheries programs or projects administered by the Marine Fisheries Commission or the Division of Marine Fisheries which enhance knowledge of and use of marine and estuarine resources by saltwater sports fishing licensees; except that the net proceeds of all sales of lifetime licenses must be deposited in the Marine Fisheries Endowment Fund established pursuant to G.S. 143B-289.8.
"§ 113-170.  Exemptions and exceptions to saltwater sports fishing license requirements.
(a)	Any person engaged in duly licensed commercial fishing operations as defined in G.S. 113-152, or the owner of a vessel fishing with hook-and-line from a vessel duly licensed pursuant to G.S. 113-152 is exempt from the fishing license requirements of G.S. 113-168 and G.S. 113-169(g).
(b)	Individuals under 16 years of age are exempt from the fishing license requirements of G.S. 113-168 and G.S. 113-169(g).
(c)	A person fishing with hook-and-line using natural bait is exempt from the license requirements of G.S. 113-168 and G.S. 113-169(g).  'Natural bait' is bait which may be beneficially digested by fish."
Sec. 2.  G.S. 113-151.1 reads as rewritten:
"§ 113-151.1.  License agents.
(a)	The Secretary shall commission such persons as in his discretion he deems necessary to be license agents for the Department for the sale of all licenses authorized by this Article; provided, that at least one such license agent shall be appointed in each county which contains or borders on coastal fishing waters. Such agents together with the Department shall have the authority and duty to sell all licenses provided for by this Article. The Secretary may require license agents to post bonds and enter into contracts for keeping records, making reports concerning licenses and receipts, and be subject to necessary audits and inspections. Upon any violation by a license agent of the requirements of this section or any contract entered into under the terms of this section, the Secretary may initiate proceedings for the forfeiture of the license agent's bond and may summarily suspend, revoke, or refuse to renew a person's commission as a license agent pursuant to G.S. 150B-3, and impound or require the return of all licenses, moneys, record books, reports, license forms and other documents, ledgers, and materials pertinent or apparently pertinent to the license agency. The Secretary shall report evidence or misuse of State property, including license fees, by a license agent to the State Bureau of Investigation as provided by G.S. 114-15.1.
(a1)	The Secretary may commission additional persons in his discretion to be license agents for the Department to sell saltwater sports fishing licenses, as he deems necessary.  Such agents together with the Department shall have the authority and duty to sell licenses authorized by G.S. 113-167 and G.S. 113-168(g), unless otherwise provided by this Article or by administrative directive.  To the extent practicable, such agents may be the same as the license agents appointed by the Wildlife Resources Commission.
(b)	License agents shall be compensated by adding a surcharge of one dollar ($1.00) to each license sold and retaining the one dollar ($1.00) surcharge. If more than one license is listed on a consolidated license form, the license agent shall be compensated as if a single license were sold. It is unlawful for a license agent to add more than the surcharge authorized by this section to the fee for each license sold."
Sec. 3.  G.S. 113-155.1 reads as rewritten:
"§ 113-155.1. Commercial fisherman; identification.
The receipt for purchase of a current and valid commercial fishing license issued by the Marine Fisheries Commission shall serve as proper identification of the licensee as a commercial fisherman until the license issued by the Commission is delivered to the licensee."
Sec. 4.  G.S. 113-156(a) reads as rewritten:
"(a)	Except as otherwise provided in this Article, it is unlawful for any person not licensed pursuant to this section to sell fish or to have any connection whatever with fish that results in his enrichment as a fish dealer, provided that individual employees of fish dealers are not fish dealers merely by virtue of transacting the business of their employers.  Notwithstanding the provisions of this section, it is unlawful to sell fish taken under a license issued pursuant to G.S. 113-168 or G.S. 113-169(g).  Any person who makes a public offer to sell or who peddles fish is a fish dealer."
Sec. 5.  This act becomes effective July 1, 1993.