GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 1434
Committee Substitute Favorable 6/23/99

Short Title:  Coastal Recreational Fishing License.	(Public)

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Sponsors:

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Referred to:  

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April 29, 1999

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A COASTAL RECREATIONAL FISHING LICENSE.
Whereas, the State of North Carolina has one of the most diverse fisheries in the United States; and
Whereas, the General Assembly recognizes that for many citizens fishing is an important recreational activity and that  recreational fishing is a source of great personal enjoyment and satisfaction; and
Whereas, the General Assembly recognizes the importance of providing plentiful fishery resources to maintain and enhance tourism as a major contributor to the economy of the State; and
Whereas, the General Assembly recognizes that commercial fishermen perform an essential function by providing wholesome food for the citizens of the State, nation, and world, and thereby properly earn a livelihood; and 
Whereas, the General Assembly recognizes the economic contribution and important heritage of traditional full-time and part-time commercial fishing; and
Whereas, the General Assembly recognizes the need to protect our coastal fishery resources and to balance the commercial and recreational interests through better management of these resources; and
Whereas, the General Assembly is committed to the continued viability of both recreational and commercial fishing industries in the State; and
Whereas, the General Assembly intends that the commercial fishing industry be allowed to continue to take fish by means of  all methods traditionally employed in commercial fishing operations, including the use of nets and trawls; and
Whereas, the General Assembly finds that in order to protect coastal fishery resources it is essential that the recreational as well as the commercial fishing sector provide data on use of fishery resources for the development of scientifically valid plans to manage fishery resources; and
Whereas, the General Assembly finds that it is essential to the success of efforts to better manage fishery resources that both the recreational and commercial fishing sectors are involved in and support these efforts;  Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Chapter 113 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 14B.
"Coastal Recreational Fishing Licenses.
"§ 113-174.  Definitions.
As used in this Article:
(1)	‘Commission' means the Marine Fisheries Commission.
(2)	‘CRFL' means Coastal Recreational Fishing License.
(3)	‘Division' means the Division of Marine Fisheries in the Department of Environment and Natural Resources.
(4)	‘North Carolina resident' means a person who is a resident within the meaning of G.S. 113-130(4).
(5)	‘RCGL' means Recreational Commercial Gear License.
(6)	‘Recreational fishing' means any activity preparatory to, during, or subsequent to the taking of any fish, the taking of which is subject to regulation by the Commission, by any means:
a.	That does not constitute a commercial fishing operation as defined in G.S. 113-168.
b.	Except as provided in G.S. 113-261.
(7)	‘RSCFL' means Retired Standard Commercial Fishing License issued pursuant to G.S. 113-168.3.
(8)	‘SCFL' means Standard Commercial Fishing License issued pursuant to G.S. 113-168.2.
"§ 113-174.1.  General provisions governing licenses.
(a)	License Required to Engage in Recreational Fishing. – It is unlawful for any person to engage in recreational fishing without holding a license required by this Article.  It is unlawful for any person to engage in recreational fishing without complying with the provisions of this Article and rules adopted by the Commission under this Article.
(b)	Sale of Fish Prohibited. –  A license issued under this Article does not authorize a person who takes or lands any species of fish under the authority of the 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 person who takes or lands any species of fish under the authority of the Commission by any means to sell, offer for sale, barter, or exchange these fish for anything of value.
(c)	Assignment and Transfer Prohibited. – Except as provided in G.S. 113-174.2(f)(1) and G.S. 113-174.3(e)(1), it is unlawful to buy, sell, lend, borrow, assign, or otherwise transfer a license issued under this Article or to attempt to buy, sell, lend, borrow, assign, or otherwise transfer a license issued under this Article.
(d)	Format. – A license issued under this Article shall be issued in the name of the applicant.  A license shall show the type of license; the name, mailing address, physical or residence address, and date of birth of the licensee; the date on which the license is issued; the date on which the license expires; and any other information that the Commission or the Division determines to be necessary to accomplish the purposes of this Subchapter.
(e)	Licenses Available for Inspection. – It is unlawful for any person to engage in recreational fishing in the State without having ready at hand for inspection all licenses required under this Article.  It is unlawful for a person to refuse to exhibit any license required by this Article upon the request of an inspector or other law enforcement officer authorized to enforce federal or State laws, regulations, or rules relating to marine fisheries.
(f)	Replacement Licenses. – The Division shall issue a replacement license to a licensee for a license that has not been suspended or revoked.  A licensee may apply for a replacement license for a license that has been lost, stolen, or destroyed and shall apply for a replacement license within 30 days of a change in the licensee's name or address.  A licensee may apply for a replacement license in person at any office of the Division or by mail to the Morehead City office of the Division.  A licensee may use a copy of the application for a replacement license that has been filed with the Division as a temporary license until the licensee receives the replacement license.  The Commission may establish a fee for each type of replacement license, not to exceed five dollars ($5.00), that compensates the Division for the administrative costs associated with issuing the replacement license.
(g)	No Dual Residency. – It is unlawful for any person to hold any license issued under this Article to the person as a North Carolina resident if that person holds any commercial or recreational fishing license issued by another state to the person as a resident of that state.
(h)	Limitations on Eligibility. – A person is not eligible to obtain a license under G.S. 113-174.3 if, at the time the person applies for the license, any other license or endorsement issued to the person under G.S. 113-174.3 or Article 14A of Chapter 113 of the General Statutes is suspended or revoked.  A person is not eligible to obtain a license under G.S. 113-174.3 if, within the three years prior to the date of application, the person has been determined to be responsible for four or more violations of State laws, regulations, or rules governing the management of marine and estuarine resources.  An applicant for a license under G.S. 113-174.3 shall certify that the applicant has not been determined to be responsible for four or more violations of State laws, regulations, or rules governing the management of marine and estuarine resources during the previous three years.  The Division may also consider violations of federal law and regulations governing the management of marine and estuarine resources in determining whether an applicant is eligible for a license.
(i)	Cancellation. – The Division may cancel a license issued on the basis of an application that contains false information supplied by the applicant.  A cancelled license is void from the date of issuance.  A person in possession of a cancelled license shall surrender the cancelled license to the Division.  It is unlawful to refuse to surrender a cancelled license upon demand of any authorized agent of the Division.
(j)	Reporting Requirements. – The holder of a license issued under this Article shall comply with the biological data sampling and survey programs of the Commission and the Division.
"§ 113-174.2.  Coastal Recreational Fishing License.
(a)	License Required. – Except as otherwise provided in this Article, it is unlawful for any person to engage in recreational fishing by means of recreational gear without holding a CRFL issued under this section.  It is unlawful for any person licensed under this section or fishing under a CRFL to possess fish in excess of recreational possession limits.
(b)	Purchase; Renewal. – Any license issued under this section may be purchased at designated offices of the Division or from the Division by mail.  A license issued under subdivisions (1) through (3) of subsection (c) of this section may also be purchased through a license agent authorized under G.S. 113-174.5.  Any license issued under this section may be renewed by mail.
(c)	Types of CRFLs; Fees; Duration. – The Division shall issue the following CRFLs:
(1)	Standard CRFL. – $7.50.  This license is valid for a period of one year from the date of issuance.
(2)	One Week CRFL. – $3.50.  This license is valid for a period of seven days.
(3)	One Day CRFL. – $1.00.  This license is valid for a period of 24 hours.
(4)	CRFL for SCFL and RSCFL holders. – Any person who holds a SCFL or a RSCFL may obtain a CRFL to engage in recreational fishing by means of recreational gear.  A license issued under this subdivision shall be issued without charge and expires on 30 June of each year.
(5)	Subsistence CRFL. – An applicant for a license under this subdivision shall provide documentation to the Division to demonstrate that the applicant takes fish solely for the purpose of direct consumption by the individual and the members of the individual's household in circumstances where fish constitutes a substantial portion of the diet of the individual and the household.  A license issued under this subdivision shall be issued without charge and is valid for one year from the date of issuance.
(6)	Lifetime CRFL. – This license is valid for the lifetime of the licensee.  The fee for the Lifetime CRFL, based on the age of the prospective licensee as of the date on which the application is filed with the Division, is:
a.	Younger than 6 years of age	$100.00
b.	Between 6 and 11 years of age	$150.00
c.	Between 11 and 17 years of age	$200.00
d.	Between 17 and 65 years of age	$250.00
(7)	Lifetime CRFL for Lifetime Resident Comprehensive Fishing License and Lifetime Sportsman Combination License holders. – Any person who holds either a Lifetime Resident Comprehensive Fishing License under G.S. 113-271(d)(3) or a Lifetime Sportsman Combination License under G.S. 113-270.1D(b) may receive a Lifetime CRFL at no charge.  This license is valid for the lifetime of the licensee.
(8)	Permanently Handicapped or Disabled Lifetime CRFL. – An applicant for a license under this subdivision shall provide documentation to the Division to demonstrate that the applicant is permanently handicapped or disabled.  A license issued under this subdivision shall be issued without charge and is valid for the lifetime of the licensee.
(9)	Disabled Veteran Lifetime CRFL. – An applicant for a license under this subdivision shall provide documentation to the Division to demonstrate that the applicant is a fifty percent (50%) or more disabled war veteran as determined by the United States Department of Veterans Affairs.  A license issued under this subdivision shall be issued without charge and is valid for the lifetime of the licensee.
(10)	Legally Blind Lifetime CRFL. – An applicant for a license under this subdivision shall provide documentation to the Division to demonstrate that the applicant is legally blind.  A license issued under this subdivision shall be issued without charge and is valid for the lifetime of the licensee.
(d)	Charter/Head/Dive Boat Blanket CRFL. – A person who operates a charter boat, head boat, or dive boat may purchase a Charter/Head/Dive Boat Blanket CRFL.  The Charter/Head/Dive Boat Blanket CRFL entitles all persons on the boat who do not hold a CRFL to engage in recreational fishing by means of recreational gear.  It shall be unlawful for the owner of a charter, head, or dive boat who does not hold a Charter/Head/Dive Boat Blanket CRFL to allow any person on the boat who does not hold a CRFL to engage in recreational fishing by means of recreational gear.  This license is valid for a period of one year from the date of issuance.  The fee for a Charter/Head/Dive Boat Blanket CRFL is:
(1)	Vessel of 18 feet or less	$1.50 per foot
	in length
(2)	Vessel of greater than 18 feet	$2.25 per foot
	in length but less than 38 feet
	in length
(3)	Vessel of 38 feet or greater	$4.50 per foot
	in length
(e)	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 by means of recreational gear from the pier shall purchase an Ocean Fishing Pier Blanket CRFL.  An applicant for an Ocean Fishing Pier Blanket CRFL shall disclose the names of all parties involved in the pier operation, including the owner of the property, the owner of the pier if different, and all leasehold or other corporate arrangements, and all persons with a substantial financial interest in the pier.  The Ocean Fishing Pier Blanket CRFL entitles all persons on the pier who do not hold a CRFL to engage in recreational fishing by means of recreational gear.  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 five dollars ($5.00) 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.  It shall be unlawful for the owner or operator of an ocean fishing pier who does not hold an Ocean Fishing Pier Blanket CRFL to allow any person on the pier who does not hold a CRFL to engage in recreational fishing by means of recreational gear.  Within 30 days following a change of ownership of a pier, or a change as to the manager, the manager or new manager shall secure a replacement pier license as provided in G.S. 113-174.1(f).
(f)	Exemptions. –
(1)	A person who is under 16 years of age may engage in recreational fishing by means of recreational gear without holding a CRFL.
(2)	A person may engage in recreational fishing by means of recreational gear from the shore or from a shore-based structure without holding a CRFL.
(3)	A person who is 65 years of age or older may engage in recreational fishing by means of recreational gear without holding a CRFL.
"§ 113-174.3.  Recreational Commercial Gear License.
(a)	License Required. – Except as provided in subsection (e) of this section, it is unlawful for any person to engage in recreational fishing by means of commercial fishing equipment or gear in coastal fishing waters without holding a RCGL.  The RCGL entitles the licensee to use authorized commercial gear to take fish for personal use subject to recreational possession limits.  It is unlawful for any person licensed under this section or fishing under a RCGL to possess fish in excess of recreational possession limits.
(b)	Authorized Commercial Gear. – The Commission shall adopt rules authorizing the use of a limited amount of commercial fishing equipment or gear for recreational fishing under a RCGL. The Commission may authorize the limited use of commercial gear on a uniform basis in all coastal fishing waters or may vary the limited use of commercial gear within specified areas of the coastal fishing waters. The Commission shall periodically evaluate and revise the authorized use of commercial gear for recreational fishing. Authorized commercial gear shall be identified by visible colored tags or other means specified by the Commission in order to distinguish between commercial gear used in a commercial fishing operation as defined in G.S. 113-168 and commercial gear used for recreational fishing.
(c)	Purchase; Renewal. – A RCGL may be purchased at designated offices of the Division and from a license agent authorized under G.S. 113-174.5.  A RCGL may be renewed by mail.
(d)	Duration; Fees. – The RCGL shall be valid for a one-year period from the date of purchase.  The fee for a RCGL for a North Carolina resident shall be thirty-five dollars ($35.00). The fee for a RCGL for an individual who is not a North Carolina resident shall be two hundred fifty dollars ($250.00).
(e)	Exemptions. –
(1)	A person who is under 16 years of age may engage in recreational fishing by means of authorized commercial gear without holding a RCGL if the person is accompanied by a parent, grandparent, or guardian who holds a valid RCGL or if the person has in the person's possession a valid RCGL issued to the person's parent, grandparent, or guardian.
(2)	A person may engage in recreational fishing for crabs by means of one or more crab pots attached to the shore along privately owned land or to a privately owned pier without holding a RCGL provided that the crab pots are attached with the permission of the owner of the land or pier.
(3)	A person who is on a vessel may engage in recreational fishing by means of authorized commercial gear without holding a RCGL if there is another person on the vessel who holds a valid RCGL. This exemption does not authorize the use of commercial gear in excess of that authorized for use by the person who holds the valid RCGL or, if more than one person on the vessel holds a RCGL, in excess of that authorized for use by those persons.
(4)	A person using nonmechanical means may take shellfish for personal use within the limits specified in G.S. 113-169.2(i) without holding a RCGL.
"§ 113-174.4.  Sealife Enhancement Fund.
(a)	Definitions. – As used in this section:
(1)	‘Fund' means the Sealife Enhancement Fund.
(2)	‘License revenues' means the proceeds from the sale of licenses issued under G.S. 113-174.2 and interest earned from the investment of license proceeds.  The term includes funds realized from the sale, lease, rental, or other grant of rights to real or personal property acquired or produced with license revenues and federal aid project reimbursements to the extent that license revenues originally funded the project for which the reimbursement is made.
(b)	Sealife Enhancement Fund Established. – The Sealife Enhancement Fund is established as a special fund within the Department.  License revenues shall be deposited in the Fund.  The State Treasurer shall invest the assets of the Fund in accordance with the provisions of G.S. 147-69.2 and G.S. 147-69.3.  The Commission shall administer the Fund with the advice of the Sealife Enhancement Advisory Committee.
(c)	Allocation of Moneys From the Fund. – The Secretary shall disburse moneys from the Fund only upon the written direction of the Commission.  The Commission shall use the moneys that accrue to the Fund in each fiscal year for the administration and enforcement of the provisions of Subchapter IV of Chapter 113 of the General Statutes related to marine fisheries as follows:
(1)	Resources and habitat enhancement. – Not less than twenty-five percent (25%) of the moneys in the Fund shall be used for resource and habitat enhancement.
(2)	Law enforcement. – Not more than twenty-five percent (25%) of the moneys in the Fund shall be used for law enforcement.
(3)	Marine fisheries research. – Not less than twenty-five percent (25%) of the moneys in the Fund shall be used for marine fisheries research, including data collection and the development of Fishery Management Plans.
(4)	Grants. – Not more than ten percent (10%) of the moneys in the Fund shall be distributed to fund coastal fishing programs, projects, and scholarships.
(5)	Administration. – Not more than ten percent (10%) of the moneys, exclusive of the license agent fees, in the Fund shall be used for administrative costs.
(6)	Public education and information. – Not less than five percent (5%), but no more than ten percent (10%) of the moneys in the Fund, shall be used for public education and information.
(d)	Sealife Enhancement Advisory Committee. – The Sealife Enhancement Advisory Committee shall advise the Commission on expenditure of license revenues from the Fund.  The Advisory Committee shall consist of nine members as follows:
(1)	The Governor shall appoint seven persons each of whom holds a CRFL at the time of appointment.  A person appointed under this subdivision must continue to hold a CRFL in order to remain eligible to serve on the Advisory Committee.
(2)	The Director of the Division of Marine Fisheries or the Director's designee shall serve as a nonvoting, ex officio member of the Advisory Committee.
(3)	The Chair of the Marine Fisheries Commission or the Chair's designee shall serve as a nonvoting, ex officio member of the Advisory Committee.
(e)	Report Required. – The Secretary shall submit to the Joint Legislative Commission on Seafood and Aquaculture and the Joint Legislative Commission on Governmental Operations by 30 September of each year a report on the Fund that shall include the source and amounts of all moneys credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
"§ 113-174.5.  License agents.
(a)	The Secretary shall designate license agents for the Department.  At least one license agent shall be designated for each county that contains or borders on coastal fishing waters. The Secretary may designate additional license agents in any county if the Secretary determines that additional agents are needed to provide efficient service to the public.  The Division and license agents designated by the Secretary under this section shall issue licenses authorized under this Article in accordance with this Article and the rules of the Commission.
(b)	The Secretary may require license agents to enter into a contract that provides for their duties and compensation, post a bond, and submit to reasonable inspections and audits.  If a license agent violates any provision of this Article, the rules of the Commission, or the terms of the contract, the Secretary may initiate proceedings for the forfeiture of the license agent's bond and may summarily suspend, revoke, or refuse to renew a designation as a license agent and may 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 of 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.
(c)	The Department shall compensate license agents by refunding to each license agent six percent (6%) of the value of each license sold by that license agent."
Section 2.  G.S. 113-168(1) reads as rewritten:
"(1)	‘Commercial fishing operation' means any activity preparatory to, during, or subsequent to the taking of any fish, the taking of which is subject to regulation by the Commission, either with the use of commercial fishing equipment or gear, or by any means if the purpose of the taking is to obtain fish for sale. Commercial fishing operation does not include (i) the taking of fish as part of a recreational fishing tournament, unless commercial fishing equipment or gear is used, (ii) the taking of fish under a RCGL, or (iii) the taking of fish as provided in G.S. 113-261."
Section 3.  G.S. 113-168.1(a) reads as rewritten:
"(a)	Duration, Fees. –All licenses and endorsements issued under this Article expire on the last day of the license year.  An applicant for any license or endorsement shall pay the full annual fee at the time the applicant applies for the license or endorsement regardless of when application is made."
Section 4.  G.S. 113-168.1(f) reads as rewritten:
"(f)	License Issuance and Renewal. –The Division shall issue licenses and endorsements under this Article to eligible applicants at any office of the Division or by mail from the Morehead City office of the Division.  A license or endorsement may be renewed in person at any office of the Division or by mail to the Morehead City office of the Division.  Eligibility to renew an expired SCFL shall end one year after the date of expiration of the SCFL."
Section 5.  G.S. 113-168.1(g) reads as rewritten:
"(g)	Limitations on Eligibility. – A person is not eligible to obtain or renew a license or endorsement under this Article if, at the time the person applies for the license or endorsement, any other license or endorsement issued to the person under this Article or G.S. 113-174.3 is suspended or revoked.  A person is not eligible to obtain a license or endorsement under this Article if, within the three years prior to the date of application, the person has been determined to be responsible for four or more violations of state laws, regulations, or rules governing the management of marine and estuarine resources.  An applicant for a license under this Article shall certify that the applicant has not been determined to be responsible for four or more violations of state laws, regulations, or rules governing the management of marine and estuarine resources during the previous three years.  The Division may also consider violations of federal law and regulations governing the management of marine and estuarine resources in determining whether an applicant is eligible for a license."
Section 6.  G.S. 113-185(a) reads as rewritten:
"(a)	It is unlawful to fish in the ocean from vessels or with a net within 750 feet of an ocean pier licensed in accordance with G.S. 113-174.2(e).  The prohibition shall be effective when:
(1)	Buoys or beach markers, placed at the owner's expense in accordance with the rules adopted by the Marine Fisheries Commission, indicate clearly to fishermen in vessels and on the beach the requisite distance of 750 feet from the pier, and
(2)	The public is allowed to fish from the pier for a reasonable fee.
The prohibition shall not apply to littoral proprietors whose property is within 750 feet of a duly licensed ocean pier."
Section 7.  G.S. 113-169.4 is repealed.
Section 8.  G.S. 113-172 is repealed.
Section 9.  G.S. 113-173 is repealed.
Section 10.  G.S. 143B-289.52(a) is amended by adding a new subdivision to read:
"(13)	To adopt rules to define fishing gear as either recreational gear or commercial gear."
Section 11.  The Joint Legislative Commission on Seafood and Aquaculture shall study issues related to the establishment of a unified recreational fishing license for recreational fishing in both the inland and coastal fishing waters of the State.  The Commission shall make specific findings as to whether a unified licensing system should be adopted for recreational fishing in the State and, if so, what that system should be and how it should be implemented.  The Commission shall present its findings and recommendations, if any, to the 2000 Regular Session of the 1999 General Assembly.
Section 12.  Unless otherwise expressly provided, every agency to which this act applies shall adopt rules to implement the provisions of this act only in accordance with the provisions of Chapter 150B of the General Statutes.  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1.  Every agency to which this act applies that is authorized to adopt rules to implement the provisions of this act may adopt temporary rules to implement the provisions of this act.  This section shall continue in effect until all rules necessary to implement the provisions of this act have become effective as either temporary rules or permanent rules.
Section 13.  If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
Section 14.  Sections 10, 11, and 14 of this act are effective when this act becomes law.  All other sections of this act become effective 1 March 2001.