A BILL TO BE ENTITLED
AN ACT to provide for the implementation of the coastal recreational fishing license, to provide a system of unified licenses under which individuals may fish throughout the state, and to amend certain statutes related to the wildlife resources commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113‑174 reads as rewritten:
"§ 113‑174.  Definitions.
As used in this Article:
	
(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.
	"
SECTION 2.  G.S. 113‑174.1 reads as rewritten:
"§ 113‑174.1.  License required; general provisions governing licenses.
(a)	License Purchase 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)	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)	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 still 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.
		(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 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 may issue a new license to replace one that has been lost or destroyed before its expiration. The application must be on a form of the Wildlife Resources Commission 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."
SECTION 3.  G.S. 113‑174.2 reads as rewritten:
"§ 113‑174.2.  Coastal Recreational Fishing License.
	(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.
	
(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.
		(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.
	(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.				
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 70 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. – $10.00. This license shall be issued only to an individual who is 70 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, 2005:
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).
(3)	Holds any of the following licenses that were purchased prior to March 1, 2006:
a.	Lifetime Combination Hunting and Fishing License for Disabled Residents issued under G.S. 113‑270.1C(b)(4).
b.	Disabled Resident Sportsman License issued under G.S. 113‑270.1D(b)(6).
(4)	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)."
SECTION 4.  Article 14B of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113‑174.3.  For Hire Blanket CRFL; enforcement.
(a)	License. – A person who operates a for hire boat may purchase a For Hire Blanket CRFL issued by the Division of Marine Fisheries. 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 on the for hire boat 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)	Vessel of 18 feet or less in length		$150.00.
(2)	Vessel of greater than 18 feet in length 
but 38 feet or less in length			$250.00.
(3)	Vessel of greater than 38 feet in length
but 50 feet or less in length			$350.00.
(4)	Vessel of greater than 50 feet in length	$450.00.
(b)	Enforcement. – An inspector or other law enforcement officer may only verify the licensure of a person who operates a for hire boat after the boat has returned to shore. An inspector or other law enforcement officer may only verify the licensure of an individual engaged in recreational fishing from a for hire boat after the boat has returned to shore and the individual has disembarked from the boat. 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."
SECTION 5.  G.S. 113‑175 reads as rewritten:
"§ 113‑175.  Definitions.
As used in this Article:
	
(1a)	"Endowment Fund" means the North Carolina Marine Resources Endowment Fund.
(1b)	"Endowment investment income" means interest and other income earned from the investment of the principal of the Endowment Fund.
(1c)	"Endowment license revenues" means the net proceeds from the sale of licenses issued under G.S. 113‑174.2(c)(6) and a portion of the net proceeds from the sale of licenses issued under G.S. 113‑351(c)(3) and (4). The apportionment of the net proceeds from the sale of licenses issued under G.S. 113‑351(c)(3) and (4) shall be jointly determined by the Division of Marine Fisheries and the Wildlife Resources Commission. In the event that the Division of Marine Fisheries and the Wildlife Resources Commission cannot agree on the apportionment, the Governor is authorized to determine the apportionment.
(2)	"Marine Resources Fund" means the North Carolina Marine Resources Fund.
(3)	"Marine resources investment income" means interest earned from the investment of the principal of the Marine Resources Fund.
(4)	"Marine resources license revenues" means the net proceeds from the sale of licenses issued under Article 14B of this Chapter and a portion of the net proceeds from the sale of licenses issued under Article 25A of this Chapter, excluding endowment license revenues. The apportionment of the net proceeds from the sale of licenses issued under Article 25A of this Chapter shall be jointly determined by the Division of Marine Fisheries and the Wildlife Resources Commission. In the event that the Division of Marine Fisheries and the Wildlife Resources Commission cannot agree on the apportionment, the Governor is authorized to determine the apportionment."
SECTION 6.  G.S. 113‑175.1 reads as rewritten:
"§ 113‑175.1.  North Carolina Marine Resources Fund.
(a)	There is hereby established the North Carolina Marine Resources Fund as a nonreverting fund in the office of the State Treasurer. The purpose of the Marine Resources Fund is to enhance the marine resources of the State. The principal of the Marine Resources Fund shall consist of:
(1)	Marine resources license revenues.
(2)	Proceeds of any gifts, grants, and contributions to the State that are specifically designated for inclusion in the Marine Resources Fund.
(3)	Funds realized from the sale, lease, rental, or other grant of rights to real or personal property acquired or produced from funds disbursed from the Marine Resources Fund.
(4)	Federal aid project reimbursements to the extent that funds disbursed from the Marine Resources Fund originally funded the project for which the reimbursement is made.
(b)	The State Treasurer shall hold the Marine Resources Fund separate and apart from all other moneys, funds, and accounts. The State Treasurer shall invest the assets of the Marine Resources Fund in accordance with the provisions of G.S. 147‑69.2 and G.S. 147‑69.3. The State Treasurer shall disburse the principal of the Marine Resources Fund and marine resources investment income only upon the written direction of the Wildlife Resources Commission.
(c)	The Wildlife Resources Commission may authorize the disbursement of the principal of the Marine Resources Fund and marine resources investment income only to manage, restore, develop, cultivate, conserve, and enhance the marine resources of the State."
SECTION 7.  G.S. 113‑175.2 is repealed.
SECTION 8.  G.S. 113‑175.3 is repealed.
SECTION 9.  G.S. 113‑175.4 is repealed.
SECTION 10.  Article 14C of Chapter 113 of the General Statutes is amended by adding two new sections to read:
"§ 113‑175.5.  North Carolina Marine Resources Endowment Fund.
(a)	There is hereby established the North Carolina Marine Resources Endowment Fund as a nonreverting fund in the office of the State Treasurer. The purpose of the Endowment Fund is to provide the citizens and residents of the State with the opportunity to invest in the future of the marine resources of the State. The principal of the Endowment Fund shall consist of:
(1)	Endowment license revenues.
(2)	Proceeds of any gifts, grants, and contributions to the State that are specifically designated for inclusion in the Endowment Fund.
(3)	Funds realized from the sale, lease, rental, or other grant of rights to real or personal property acquired or produced from endowment investment income.
(4)	Federal aid project reimbursements to the extent that endowment investment income originally funded the project for which the reimbursement is made.
(5)	Transfers to the Endowment Fund.
(6)	Any endowment investment income, marine resources investment income, or marine resources license revenue that is credited to the Endowment Fund for the purpose of increasing the principal of the Endowment Fund.
(b)	The State Treasurer shall hold the Endowment Fund separate and apart from all other moneys, funds, and accounts. The State Treasurer shall invest the assets of the Endowment Fund in accordance with the provisions of G.S. 147‑69.2 and G.S. 147‑69.3. The State Treasurer shall disburse the endowment investment income only upon the written direction of the Wildlife Resources Commission.
(c)	The Endowment Fund is declared to constitute a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the Endowment Fund. In recognition of this special trust, all of the following restrictions are placed on disbursement of funds held in the Endowment Fund:
(1)	Any restrictions specified by the donors on the uses of income derived from gifts, grants, and voluntary contributions shall be respected but shall not be binding.
(2)	No disbursements of the endowment investment income derived from the endowment license revenues generated by the sale of Infant Lifetime CRFLs under G.S. 113‑174.2(c)(6)e., Youth Lifetime CRFLs under G.S. 113‑174.2(c)(6)f., Infant Lifetime Unified Sportsman/Coastal Recreational Fishing Licenses under G.S. 113‑351(c)(3)a., or Youth Lifetime Unified Sportsman/Coastal Recreational Fishing Licenses under G.S. 113‑351(c)(3)b. shall be made for any purpose until the respective licensees attain the age of 16 years. The State Treasurer shall periodically make an actuarial determination as to the amount of endowment investment income within the Endowment Fund that remains encumbered by the restriction of this subdivision and the amount that is free of the restriction. The Executive Director of the Wildlife Resources Commission shall provide the State Treasurer with the information necessary to make this determination.
(3)	No disbursement shall be made from the principal of the Endowment Fund except as otherwise provided by law.
(d)	The Wildlife Resources Commission may authorize the disbursement of endowment investment income only to manage, restore, develop, cultivate, conserve, and enhance the marine resources of the State.
(e)	Expenditure of the endowment investment income shall be made through the State budget accounts of the Wildlife Resources Commission in accordance with the provisions of the Executive Budget Act. The Endowment Fund is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
"§ 113‑175.6.  Marine Resources Committee.
The Chair of the Wildlife Resources Commission shall designate five members of the Wildlife Resources Commission who shall constitute the Marine Resources Committee of the Wildlife Resources Commission. The Marine Resources Committee shall advise the Wildlife Resources Commission on the disbursement of funds from the Marine Resources Fund pursuant to G.S. 113‑175.1 and on the disbursement of endowment investment income from the Marine Resources Endowment Fund pursuant to G.S. 113‑175.5."
SECTION 11.  G.S. 113‑270.1 reads as rewritten:
"§ 113‑270.1.  License agents.
(a)	The Wildlife Resources Commission may by rule provide for the appointment of persons as license agents to sell licenses and permits that the Commission is authorized to issue by this Subchapter or by any other provisions of law. To facilitate the convenience of the public, the efficiency of administration, the need to keep statistics and records affecting the conservation of wildlife resources, boating, water safety, and other matters within the jurisdiction of the Wildlife Resources Commission, and the need to issue licenses and permits containing special restrictions, the Wildlife Resources Commission may issue licenses and permits in any particular category through:
(1)	License agents.
(2)	The Wildlife Resources Commission's headquarters.
(3)	Employees of the Wildlife Resources Commission.
(4)	Two or more such sources simultaneously.
(a1)	When there are substantial reasons for differing treatment, the Wildlife Resources Commission may issue a type of license or permit by one method in one locality and by another method in another locality.
(b)	License agents may deduct from the amount collected for each license or permit a fee of six percent (6%).
(b1)	When licenses or permits are to be issued by license agents as provided by subsection (a) of this section, the Wildlife Resources Commission may adopt rules to provide for any of the following:
(1)	Qualifications of the license agents.
(2)	Duties of the license agents.
(3)	Methods and procedures to ensure accountability and security for proceeds and unissued licenses and permits.
(4)	Types and amounts of evidence that a license agent must submit to relieve the agent of responsibility for losses due to occurrences beyond the control of the agent.
(5)	Any other reasonable requirement or condition that the Wildlife Resources Commission deems necessary to expedite and control the issuance of licenses and permits by license agents.
(b2)	The Wildlife Resources Commission may adopt rules to authorize the Executive Director to take any of the following actions related to license agents:
(1)	Select and appoint license agents in areas most convenient for the sale of licenses and permits.
(2)	Limit the number of license agents in an area if necessary for efficiency of operation.
(3)	Require prompt and accurate reporting and remittance of public funds or documents by license agents.
(4)	Conduct periodic and special audits of accounts.
(5)	Suspend or terminate the authorization of any license agent found to be noncompliant with rules adopted by the Wildlife Resources Commission or when State funds or property are reasonably believed to be in jeopardy.
(6)	Require the immediate surrender of all equipment, forms, licenses, permits, records, State funds and property, issued by or belonging to the Wildlife Resources Commission, in the event of the termination of a license agent.
(b3)	The Wildlife Resources Commission is exempt from the contested case provisions of Chapter 150B of the General Statutes with respect to determinations of whether to authorize or terminate the authority of a person to sell licenses and permits as a license agent of the Wildlife Resources Commission.
(b4)	If any check or bank account draft of any license agent for the issuance of licenses or permits shall be returned by the banking facility upon which the same is drawn for lack of funds, the license agent shall be liable to the Commission for a penalty of five percent (5%) of the amount of the check or bank account draft, but in no event shall the penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00). License agents shall be assessed a penalty of twenty‑five percent (25%) of their issuing fee on all remittances to the Commission after the fifteenth day of the month immediately following the month of sale.
	(d)	It is a Class 1 misdemeanor for a license agent to do any of the following:
(1)	Withhold or misappropriate funds from the sale of licenses or permits.
(2)	Falsify records of licenses or permits sold.
(3)	Willfully and knowingly assist or allow a person to obtain a license or permit for which the person is ineligible.
(4)	Willfully issue a backdated license or permit.
(5)	Willfully include false information or omit material information on records, licenses, or permits regarding either:
a.	A person's entitlement to a particular license or permit.
b.	The applicability or term of a particular license or permit.
(6)	Charge or accept any additional fee, remuneration, or other item of value in association with any activity set out in subdivisions (1) through (5) of this subsection.
						"
SECTION 12.  G.S. 113‑270.1C reads as rewritten:
"§ 113‑270.1C.  Combination hunting and inland fishing licenses.
(a)	The combination hunting and inland fishing licenses set forth in subsection (b) of this section entitle the licensee to take, except on game lands, all wild birds and wild animals, other than big game and waterfowl, by all lawful methods and in all open seasons, and to fish with hook and line in all inland and joint fishing waters, except public mountain trout waters. A combination hunting and inland fishing license issued under this section does not entitle the licensee to engage in recreational fishing in coastal fishing waters that are not joint fishing waters.
(b)	Combination hunting and inland fishing licenses issued by the Wildlife Resources Commission are:
(1)	Resident Annual Combination Hunting and Inland Fishing License – $20.00. This license shall be issued only to an individual resident of the State.
(2), (3)	Repealed by Session Laws 1997‑326, s. 2.
	
(5)	Resident Disabled Veteran Lifetime Combination Hunting and Inland Fishing License – $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. This license entitles the licensee to fish in public mountain trout waters as provided in G.S. 113‑272(a).
(6)	Resident Totally Disabled Lifetime Combination Hunting and Inland Fishing License – $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. This license remains valid for the lifetime of the licensee. This license entitles the licensee to fish in public mountain trout waters as provided in G.S. 113‑272(a)."
SECTION 13.  G.S. 113‑270.1D reads as rewritten:
"§ 113‑270.1D.  Sportsman licenses.
(a)	Annual Sportsman License – $40.00. This license shall be issued only to an individual resident of the State and entitles the licensee to take all wild animals and wild birds, including waterfowl, by all lawful methods in all open seasons, including the use of game lands, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters. An annual sportsman license issued under this subsection does not entitle the licensee to engage in recreational fishing in coastal fishing waters that are not joint fishing waters.
(b)	Lifetime Sportsman Licenses. Except as provided in subdivision (7) of this subsection, lifetime sportsman licenses are valid for the lifetime of the licensees. Lifetime sportsman licenses entitle the licensees to take all wild animals and wild birds by all lawful methods in all open seasons, including the use of game lands, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters. A lifetime sportsman license issued under this subsection does not entitle the licensee to engage in recreational fishing in coastal fishing waters that are not joint fishing waters. Lifetime sportsman licenses issued by the Wildlife Resources Commission are:
(1)	Infant Lifetime Sportsman License – $200.00. This license shall be issued only to an individual under one year of age.
(2)	Youth Lifetime Sportsman License – $350.00. This license shall be issued only to an individual under 12 years of age.
(3)	Adult Resident Lifetime Sportsman License – $500.00. This license shall be issued only to an individual resident of the State.
(4)	Nonresident Lifetime Sportsman License – $1,000. This license shall be issued only to an individual nonresident of the State.
(5)	Age 70 Resident Lifetime Sportsman License – $10.00. This license shall be issued only to an individual resident of the State who is at least 70 years of age.
	
(7)	Resident Disabled Veteran Lifetime Sportsman License – $100.00. 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.
(8)	Resident Totally Disabled Lifetime Sportsman License – $100.00. 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."
SECTION 14.  G.S. 113‑271 reads as rewritten:
"§ 113‑271.  Hook‑and‑line licenses in inland and joint fishing waters.
(a)	An inland hook‑and‑line fishing license issued under this section entitles the licensee to fish with hook and line in inland fishing waters and joint fishing waters. An inland hook‑and‑line fishing license issued under this section does not entitle the licensee to engage in recreational fishing in coastal fishing waters that are not joint fishing waters. An inland hook‑and‑line fishing license issued under subdivision (1), (3), (6a), (6b), (6c), or (9) of subsection (d) of this section entitles the licensee to fish with hook and line in public mountain trout waters.
(b)	Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 684, s. 4.
(c)	Repealed by Session Laws 1979, c. 830, s. 1.
(d)	The hook‑and‑line fishing licenses issued by the Wildlife Resources Commission are as follows:
(1)	Resident Annual Comprehensive Inland Fishing License – $20.00. This license shall be issued only to an individual resident of the State.
(2)	Resident State Inland Fishing License – $15.00. This license shall be issued only to an individual resident of the State.
(3)	Lifetime Resident Comprehensive Inland Fishing License – $250.00. This license shall be issued only to an individual resident of the State and is valid for the lifetime of the licensee.
(4)	Resident County Inland Fishing License – $10.00. This license shall be issued only to an individual resident of the State and is valid only within the county of residence of the licensee.
(5)	Nonresident State Inland Fishing License – $30.00. This license shall be issued to an individual nonresident of the State.
(6)	Short‑Term Inland Fishing Licenses. Short‑term inland fishing licenses are valid only for the date or consecutive dates indicated on the licenses. Short‑term inland fishing licenses issued by the Wildlife Resources Commission are:
a.	Resident 10‑day Inland Fishing License – $5.00. This license shall be issued only to a resident of the State.
b.	Nonresident 10‑day Inland Fishing License – $10.00. This license shall be issued only to a nonresident of the State.
	
(6a)	Age 70 Resident Lifetime Inland Fishing License – $10.00. This license shall be issued only to an individual resident of the State who is at least 70 years of age.
(6b)	Resident Disabled Veteran Lifetime Inland Fishing License – $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.
(6c)	Resident Totally Disabled Lifetime Inland Fishing License – $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. This license remains valid for the lifetime of the licensee.
		(9)	Special Guest Inland Fishing License – $50.00. This license shall be issued only to the owner or lessee of private property bordering inland or joint fishing waters, including public mountain trout waters, and entitles individuals to fish from the shore or any pier or dock originating from the property without any additional fishing license. This license is applicable only to private property and private docks and piers and is not valid for any public property, pier, or dock nor for any private property, pier, or dock operated for any commercial purpose whatsoever. The guest fishing license shall not be in force unless displayed on the premises of the property and only entitles fishing without additional license to individuals fishing from the licensed property and then only when fishing within the private property lines. The guest fishing license is not transferable as to person or location."
SECTION 15.  G.S. 113‑272.3 (c) reads as rewritten:
"(c)	Lifetime licenses are issued from the Wildlife Resources Commission headquarters. Each application for an Infant Lifetime Sportsman or Youth Lifetime Sportsman License must be accompanied by a certified copy of the birth certificate, adoption order containing the date of birth, or other proof of age satisfactory to the Commission, of the individual to be named as the licensee."
SECTION 16.  G.S. 113‑275(c1) reads as rewritten:
"(c1)	Upon receipt of a proper application together with a fee of five dollars ($5.00), the Wildlife Resources Commission may issue a new license or permit to replace one that has been lost or destroyed before its expiration. The application must be on a form of the Wildlife Resources Commission setting forth information in sufficient detail to allow ready identification of the lost or destroyed license or permit and ascertainment of the applicant's continued entitlement to it."
SECTION 17.  G.S. 113‑276(e) is repealed.
SECTION 18.  G.S. 113‑276(j) reads as rewritten:
"(j)	A migrant farm worker who has in his possession a temporary certification of his status as such by the Rural Employment Service of the North Carolina Employment Security Commission on a form provided by the Wildlife Resources Commission is entitled to the privileges of a resident of the State and of the county indicated on such certification during the term thereof for the purposesof	purchasing and using the resident fishing licenses provided by G.S. 113‑271(d)(2), (4), and (6)a.
	"
SECTION 19.  G.S. 113‑276(m) reads as rewritten:
"(m)	The fourth day of July of each year is declared a free fishing day to promote the sport of fishing and no hook‑and‑line fishing license is required to fish in any of the public waters of the State on that day. All other laws and rules pertaining to hook‑and‑line fishing still apply."
SECTION 20.  G.S. 113‑276.1 reads as rewritten:
"§ 113‑276.1.  Regulatory authority of Wildlife Resources Commission as to license requirements and exemptions.
(a)	In its discretion and in accordance with the best interests of the conservation of wildlife resources, the Wildlife Resources Commission may implement the provisions of this Article with rules that:
(1)	[Reserved.]
(2)	Regulate license requirements and exemptions applying to the taking of wildlife on particular waters forming or lying across a county boundary where there may be confusion as to the location of the boundary, hardship imposed as to the location of the boundary, or difficulty of administering or enforcing the law with respect to the actual boundary location.
(3)	Require persons subject to license requirements, and persons exempt from license requirements, to carry, display, or produce identification that may be necessary to substantiate the person's entitlement to a particular license or to a particular exemption from license requirements.
(4)	Require individuals aboard vessels or carrying weapons or other gear that may be used to take wildlife resources, and in an area at a time wildlife resources may be taken, to exhibit identification that includes the individual's name and current address. More than one piece of identification, including a vehicle driver license, may be required to be exhibited, if available.
(5)	Implement a system of tagging and reporting fur‑bearing animals and big game. Upon the implementation of a tagging system for any species of fur‑bearing animal, the Wildlife Resources Commission may charge a reasonable fee to defray its costs, not to exceed two dollars twenty‑five cents ($2.25) per tag, for each tag furnished. The price of the big game hunting license includes the cost of big game tags.
(b)	Except as provided in this subsection, the Wildlife Resources Commission shall not disclose personal information provided by an applicant for a license issued under Article 14B, Article 21, or Article 25A of Chapter 113 of the General Statutes. The Wildlife Resources Commission shall disclose to the Division of Marine Fisheries and the Marine Fisheries Commission information on the holders of licenses issued under Article 14B and Article 25A of Chapter 113 of the General Statutes."
SECTION 21.  G.S. 113‑296(b) reads as rewritten:
"(b)	In order to be eligible for participation in the Disabled Sportsman Program established by this section, an individual must be able to certify through competent medical evidence one of the following disabilities:
(1)	Missing fifty percent (50%) or more of one or more limbs, whether by amputation or natural causes.
(2)	Paralysis of one or more limbs.
(3)	Dysfunction of one or more limbs rendering the individual unable to perform the tasks of grasping and lifting with the hands and arms or unable to walk without mechanical assistance, other than a cane.
(4)	Disease, injury, or defect confining the individual to a wheelchair, walker, or crutches.
(5)	Legal deafness.
(6)	Legal blindness, for purposes of participation in disabled fishing only.
The disability must be permanent, and an individual loses eligibility to participate in the Disabled Sportsman Program when the specified disability ceases to exist."
SECTION 22.  Subchapter IV of Chapter 113 of the General Statutes is amended by adding a new Article to read:
"Article 25A.
"Unified Licenses.
"§ 113‑351.  Unified hunting and fishing licenses; subsistence voucher.
(a)	Definitions. – The definitions set out in G.S. 113‑174 apply to this Article.
(b)	General Provisions Governing Licenses and Vouchers. – The general provisions governing licenses set out in G.S. 113‑174.1 apply to licenses and vouchers issued under this section.
(c)	Types of Unified Hunting and Fishing Licenses; Fees; Duration. – The Wildlife Resources Commission shall issue the following Unified Hunting and Fishing Licenses:
(1)	Annual Resident Unified Sportsman/Coastal Recreational Fishing License. – $55.00. 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. This license authorizes the licensee to take all wild animals and wild birds, including waterfowl, by all lawful methods in all open seasons, including the use of game lands; to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, including public mountain trout waters; and to engage in recreational fishing in coastal fishing waters.
(2)	Annual Resident Unified Inland/Coastal Recreational Fishing License. – $35.00. 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. This license authorizes the licensee to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, including public mountain trout waters, and to engage in recreational fishing in coastal fishing waters.
(3)	Lifetime Unified Sportsman/Coastal Recreational Fishing Licenses. – Except as provided in sub‑subdivisions f., h., and i. of this subdivision, a license issued under this subdivision is valid for the lifetime of the licensee. A license issued under this subdivision authorizes the licensee to take all wild animals and wild birds, including waterfowl, by all lawful methods in all open seasons, including the use of game lands; to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, including public mountain trout waters; and to engage in recreational fishing in coastal fishing waters.
a.	Infant Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $275.00. This license shall be issued only to an individual who is younger than one year of age.
b.	Youth Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $450.00. This license shall be issued only to an individual who is one year of age or older but younger than 12 years of age.
c.	Resident Adult Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $675.00. This license shall be issued only to an individual who is 12 years of age or older but younger than 70 years of age and who is a resident of the State.
d.	Nonresident Adult Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $1,350. 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.
e.	Resident Elderly Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $20.00. This license shall be issued only to an individual who is 70 years of age or older and who is a resident of the State.
f.	Resident Disabled Veteran Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $110.00. 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.
g.	Resident Totally Disabled Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $110.00. 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.
h.	Resident Legally Blind Lifetime Unified Sportsman/Coastal Recreational Fishing License. – No charge. This license shall be issued only to an individual who is a resident of the State and who has been certified by the Department of Health and Human Services as an individual whose vision with glasses is insufficient for use in ordinary occupations for which sight is essential. This license remains valid for the lifetime of the licensee so long as the licensee remains legally blind.
i.	Resident Adult Care Home Lifetime Unified Sportsman/Coastal Recreational Fishing License. – No charge. This license shall be issued only to an individual who is a resident of the State and who resides in an adult care home as defined in G.S. 131D‑2(a)(1b) or G.S. 131E‑101(1). This license remains valid for the lifetime of the licensee so long as the licensee remains a resident of an adult care home.
(4)	Lifetime Unified Inland/Coastal Recreational Fishing License. – $450.00. This license is valid for the lifetime of the licensee and authorizes the licensee to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, including public mountain trout waters, and to engage in recreational fishing in coastal fishing waters.
(d)	Resident Subsistence Unified Inland/Coastal Recreational Fishing Voucher. – A county department of social services shall issue a Resident Subsistence Unified Inland/Coastal Recreational Fishing Voucher to an individual who receives benefits from Medicaid, Food Stamps, or Work First through the County Department of Social Services and who requests a voucher. County departments of social services shall supply the Wildlife Resources Commission with the name, mailing address, and telephone number of each individual who receives a voucher. This voucher shall be issued at no charge. This voucher is valid for a period of one year from the date of issuance. This voucher shall be issued only to an individual who is a resident of the State. This voucher authorizes the voucher holder to fish with hook and line for all fish in all inland fishing waters and joint fishing waters, except for public mountain trout waters, and to engage in recreational fishing in coastal fishing waters."
SECTION 23.  G.S. 143B‑289.52(h) reads as rewritten:
"(h)	Neither the Commission nor the Division may disclose personal information provided by an applicant for a license issued under Article 14B of Chapter 113 of the General Statutes. Neither the Commission nor the Division may disclose information on license holders provided by the Wildlife Resources Commission pursuant to G.S. 113‑276.1(b)."
SECTION 24.  G.S. 150B‑1(e) is amended by adding a new subdivision to read:
"(e)	Exemptions From Contested Case Provisions. – The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:
…
(15)	The Wildlife Resources Commission with respect to determinations of whether to authorize or terminate the authority of a person to sell licenses and permits as a license agent of the Wildlife Resources Commission."
SECTION 25.  Sections 3, 4, 9, 10, 11, and 12 of S.L. 2004‑187 are repealed.
SECTION 26.  Section 15 of S.L. 2004‑187 reads as rewritten:
"SECTION 15.  Section 2 of this act becomes effective March 1, 2006. All other sections of this act become effective when the act becomes law."
SECTION 27.  Notwithstanding G.S. 143‑250.1, the State Treasurer shall transfer the sum of three million dollars ($3,000,000) from the Wildlife Endowment Fund to the Marine Resources Endowment Fund.  This transfer shall be made in five equal installments of six hundred thousand dollars ($600,000) on the first day of March in 2006, 2007, 2008, 2009, and 2010.
SECTION 28.(a)  The Wildlife Resources Commission shall adopt rules to provide for the following:
(1)	Qualifications of license agents.
(2)	Duties of license agents.
(3)	Methods and procedures to ensure accountability and security for proceeds and unissued licenses and permits.
(4)	Types and amounts of evidence that a license agent must submit to relieve the agent of responsibility for losses due to occurrences beyond the control of the agent.
(5)	Any other reasonable requirement or condition that the Wildlife Resources Commission deems necessary to expedite and control the issuance of licenses and permits by license agents.
SECTION 28.(b)  The Wildlife Resources Commission shall adopt rules to authorize the Executive Director to take the following actions related to license agents:
(1)	Select and appoint license agents in areas most convenient for the sale of licenses and permits.
(2)	Limit the number of license agents in an area if necessary for efficiency of operation.
(3)	Require prompt and accurate reporting and remittance of public funds or documents by license agents.
(4)	Conduct periodic and special audits of accounts.
(5)	Suspend or terminate the authorization of any license agent found to be noncompliant with rules adopted by the Wildlife Resources Commission or when State funds or property are reasonably believed to be in jeopardy.
(6)	Require the immediate surrender of all equipment, forms, licenses, permits, records, State funds and property, issued by or belonging to the Wildlife Resources Commission, in the event of the termination of a license agent.
SECTION 29.  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 30.  Sections 5, 6, 7, 8, 9, 10, 19, 20, 23, 25, 26, 28, 29, and 30 of this act are effective when this act becomes law.  Sections 15, 16, 21, and 24 of this act become effective January 1, 2006.  Sections 1, 2, 3, 4, 12, 13, 14, 17, 18, 22, and 27 of this act become effective March 1, 2006.  Section 11 of this act is effective on the date that all rules adopted by the Wildlife Resources Commission pursuant to Section 28 of this act become effective, except that G.S. 113‑270.1(b3) and (b4) become effective January 1, 2006.  Section 28 of this act expires on the date that all rules adopted by the Wildlife Resources Commission pursuant to Section 28 of this act become effective.