§ 113-169.2. Shellfish license for North Carolina residents without a SCFL.
§ 113‑169.2. Shellfishlicense for North Carolina residents without a SCFL.
(a) License orEndorsement Necessary to Take or Sell Shellfish. It is unlawful for anindividual to take shellfish from the public or private grounds of the State bymechanical means or as part of a commercial fishing operation by any meanswithout holding either a shellfish license or a shellfish endorsement of aSCFL. A North Carolina resident who seeks only to take and sell shellfish shallbe eligible to obtain a shellfish license without holding a SCFL. The shellfishlicense authorizes the licensee to sell shellfish.
(b) Repealed by SessionLaws 1998‑225, s. 4.17, effective July 1, 1999.
(c) Fees. Shellfishlicenses shall be issued annually upon payment of a fee of twenty‑fivedollars ($25.00) upon proof that the license applicant is a North Carolinaresident.
(d) License Availablefor Inspection. It is unlawful for any individual to take shellfish as partof a commercial fishing operation from the public or private grounds of theState without having ready at hand for inspection a current and valid shellfishlicense issued to the licensee personally and bearing the licensee's correctname and address. It is unlawful for any individual taking or possessingfreshly taken shellfish to refuse to exhibit the individual's license upon therequest of an officer authorized to enforce the fishing laws.
(e) Repealed by SessionLaws 1998‑225, s. 4.17, effective July 1, 1999.
(f) Name or AddressChange. In the event of a change in name or address or upon receipt of anerroneous shellfish license, the licensee shall, within 30 days, apply for areplacement shellfish license bearing the correct name and address. Upon ashowing by the individual that the name or address change occurred within thepast 30 days, the trial court or prosecutor shall dismiss any charges broughtpursuant to this subsection.
(g) TransferProhibited. It is unlawful for an individual issued a shellfish license totransfer or offer to transfer the license, either temporarily or permanently,to another. It is unlawful for an individual to secure or attempt to secure ashellfish license from a source not authorized by the Commission.
(h) Exemption. Personsunder 16 years of age are exempt from the license requirements of this sectionif accompanied by a parent, grandparent, or guardian who is in compliance withthe requirements of this section or if in possession of a parent's,grandparent's or guardian's shellfish license.
(i) Taking ShellfishWithout a License for Personal Use. Shellfish may be taken without a licensefor personal use in quantities established by rules of the Marine FisheriesCommission. (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.)