North Carolina General Statutes 113-169.2. Shellfish license for North Carolina residents without a SCFL
(a) License or Endorsement Necessary to Take or Sell Shellfish Taken by Hand Methods. – It is unlawful for an individual to take shellfish from the public or private grounds of the State as part of a commercial fishing operation by hand methods without holding either a shellfish license or a shellfish endorsement of a SCFL. A North Carolina resident who seeks only to take shellfish by hand methods and sell such shellfish shall be eligible to obtain a shellfish license without holding a SCFL. The shellfish license authorizes the licensee to sell shellfish.
(a1) License Necessary to Take or Sell Shellfish Taken by Mechanical Means. – Except as provided in subsection (i) of this section, an individual who takes shellfish from the public or private grounds of the State by mechanical means must obtain an SCFL under the provisions of N.C. Gen. Stat. § 113-168.2
(b) Repealed by Session Laws 1998-225, s. 4.17, effective July 1, 1999.
(c) Fees. – Shellfish licenses issued under this section shall be issued annually upon payment of a fee of fifty dollars ($50.00) upon proof that the license applicant is a North Carolina resident.
(d) License Available for Inspection. – It is unlawful for any individual to take shellfish as part of a commercial fishing operation from the public or private grounds of the State without having ready at hand for inspection a current and valid shellfish license issued to the licensee personally and bearing the licensee’s correct name and address. It is unlawful for any individual taking or possessing freshly taken shellfish to refuse to exhibit the individual’s license upon the request of an officer authorized to enforce the fishing laws.
(e) Repealed by Session Laws 1998-225, s. 4.17, effective July 1, 1999.
(f) Name or Address Change. – In the event of a change in name or address or upon receipt of an erroneous shellfish license, the licensee shall, within 30 days, apply for a replacement shellfish license bearing the correct name and address. Upon a showing by the individual that the name or address change occurred within the past 30 days, the trial court or prosecutor shall dismiss any charges brought pursuant to this subsection.
(g) Transfer Prohibited. – It is unlawful for an individual issued a shellfish license to transfer or offer to transfer the license, either temporarily or permanently, to another. It is unlawful for an individual to secure or attempt to secure a shellfish license from a source not authorized by the Commission.
(h) Exemption. – Persons under 16 years of age are exempt from the license requirements of this section if accompanied by a parent, grandparent, or guardian who is in compliance with the requirements of this section or if in possession of a parent’s, grandparent’s or guardian’s shellfish license.
(i) Taking Shellfish Without a License for Personal Use or as Employee of Certain License Holders. – Shellfish may be taken without a license under the following circumstances:
(1) For personal use in quantities established by rules of the Marine Fisheries Commission.
Terms Used In North Carolina General Statutes 113-169.2
- 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. See North Carolina General Statutes 113-168
- Commission: means the Marine Fisheries Commission. See North Carolina General Statutes 113-168
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- North Carolina resident: means a person who is a resident within the meaning of N. See North Carolina General Statutes 113-168
- SCFL: means Standard Commercial Fishing License. See North Carolina General Statutes 113-168
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) When the taking is from an area leased for the cultivation of shellfish under Article 16 of this Chapter by a person who is an employee of a leaseholder holding a valid SCFL issued under the provisions of N.C. Gen. Stat. § 113-168.2, and the person provides an authorization letter with the leaseholder’s SCFL number and signature. (1997-400, s. 5.1; 1998-225, s. 4.17; 2001-213, s. 2; 2004-187, s. 3; 2005-455, s. 1.18; 2009-433, s. 2; 2013-360, s. 14.8(g); 2014-100, s. 14.9(d); 2015-241, s. 14.10B.)