reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13 - Jurisdiction of Conservation Agencies. › § 113-138 - Enforcement jurisdiction of special conservation officers.

§ 113-138. Enforcement jurisdiction of special conservation officers.
(a) The Wildlife Resources Commission by rule may confer law-enforcement powers over matters within its jurisdiction with respect to wildlife resources conservation laws and rules within its jurisdiction upon the employees of the United States Fish and Wildlife Service, and the Marine Fisheries Commission may confer law-enforcement powers over matters within its jurisdiction with respect to marine and estuarine resources conservation laws and rules upon the employees of the National Marine Fisheries Service, who:
(1) Possess special law-enforcement jurisdiction that would not otherwise extend to the subject matter of this Subchapter;
(2) Are assigned during the duration of such appointment to duty stations within North Carolina; and
(3) Take the oath required of public officers before an officer authorized to administer oaths.
These conferred powers do not constitute an appointment of any officer to an additional office.
(b) The Marine Fisheries Commission and Wildlife Resources Commission shall limit the exercise of this authority to situations when:
(1) The best interests of the conservation of marine and estuarine and wildlife resources managed by the respective State and federal agencies are being adversely affected by restrictions upon jurisdictional subject matter that limit law-enforcement authority; and
(2) The best interests of the conservation of marine and estuarine and wildlife resources managed by the adopting Commission will benefit by conferring law-enforcement authority on the employees of the United States Fish and Wildlife Service or the National Marine Fisheries Service.
(c) The enabling rule shall specify the particular officers or class of officers upon whom the law-enforcement powers are conferred and the geographic areas within which the special enforcement officers can exercise the law-enforcement powers over matters within the jurisdiction of the adopting Commission. The conferred powers may be used only during the scope of employment of the special conservation officers.
(d) Unless otherwise provided by the enabling rule, such special enforcement officers shall have the same jurisdiction and powers with respect to resource conservation and the same rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the State officers in addition to those the federal officer normally possesses. (1965, c. 957, s. 2; 1973, c. 1262, ss. 18, 28; 1977, c. 771, s. 4; 1983, c. 484; 1987, c. 827, s. 98; 1991 (Reg. Sess., 1992), c. 890, s. 5.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › §§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

Article 13A.
Clean Water Management Trust Fund.
§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.2 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.3 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.4 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.5 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.6 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.6A - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.7 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 13A - Clean Water Management Trust Fund. › § 113-145.8 - 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.

§§ 113-145.1 through 113-145.8: Recodified as §§ 113A-251 through 113A-259 by Session Laws 2003-340, s. 1.3, effective July 27, 2003.
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-168 - Definitions.

§ 113-168. Definitions.
As used in this Article:
(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.
(2) "Commission" means the Marine Fisheries Commission.
(3) "Division" means the Division of Marine Fisheries in the Department of Environmental Quality.
(3a) "Immediate family" means the mother, father, brothers, sisters, spouse, children, stepparents, stepbrothers, stepsisters, and stepchildren of a person.
(4) "License year" means the period beginning 1 July of a year and ending on 30 June of the following year.
(5) "North Carolina resident" means a person who is a resident within the meaning of G.S. 113-130(4).
(6) "RCGL" means Recreational Commercial Gear License.
(7) "RSCFL" means Retired Standard Commercial Fishing License.
(8) "SCFL" means Standard Commercial Fishing License. (1997-400, s. 5.1; 1997-443, s. 11A.119(b); 1998-225, s. 4.9; 2001-213, s. 2; 2004-187, s. 6; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-168.3 - Retired Standard Commercial Fishing License.

§ 113-168.3. Retired Standard Commercial Fishing License.
(a) SCFL Provisions Applicable. – Except as provided in this section, the provisions set forth in this Article concerning the SCFL shall apply to the RSCFL.
(b) Eligibility; Fees. – Any individual who is 65 years of age or older and who is eligible for a SCFL under G.S. 113-168.2 may apply for either a SCFL or RSCFL. An applicant for a RSCFL shall provide proof of age at the time the application is made. The annual fee for a RSCFL for a resident of this State shall be two hundred dollars ($200.00). The annual fee for a RSCFL for a person who is not a resident of this State shall be two hundred sixty dollars ($260.00). For purposes of this subsection, a "resident of this State" is a person who is a resident within the meaning of:
(1) Sub-subdivisions a. through d. of G.S. 113-130(4) and who filed a State income tax return as a resident of North Carolina for the previous calendar or tax year, or
(2) G.S. 113-130(4)e.
(c) Transfer. – The holder of a RSCFL may transfer the RSCFL as provided in G.S. 113-168.2.
(1) If the transferee is less than 65 years of age, the transferee holds a SCFL. When the transferee renews the SCFL, the transferee shall pay the fee set out in G.S. 113-168.2.
(2) If the transferee is 65 years of age or older, the transferee may elect to hold either a SCFL or RSCFL. If the transferee elects to hold a SCFL, the transferee shall pay the fee set out in G.S. 113-168.2. If the transferee elects to hold a RSCFL, the transferee shall pay the fee set out in this section.
(d) Assignment. – The RSCFL shall not be assignable. (1997-400, s. 5.1; 1998-225, s. 4.12; 2001-213, s. 2; 2013-360, s. 14.8(c); 2014-100, s. 14.9(c).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-168.4 - Sale of fish.

§ 113-168.4. Sale of fish.
(a) Except as otherwise provided in this section, it is unlawful for any person who takes or lands any species of fish under the authority of the Commission from coastal fishing waters by any means whatever, including mariculture operations, to sell, offer for sale, barter or exchange these fish for anything of value without holding a license required to sell the type of fish being offered.
(b) Except as otherwise provided in this section, it is unlawful for any person licensed under this Article to sell fish taken outside the territorial waters of the State or to sell fish taken from coastal fishing waters. A person licensed under this Article may sell fish taken outside the territorial waters of the State or sell fish taken from coastal fishing waters under any of the following circumstances:
(1) The sale is to a fish dealer licensed under G.S. 113-169.3.
(2) The sale is to the public and the seller is a licensed fish dealer under G.S. 113-169.3.
(3) The sale is of oysters or clams from a hatchery or aquaculture operation to the holder of an Aquaculture Operation Permit, an Under Dock Culture Permit, or a shellfish cultivation lease for further grow out.
(c) A person who organizes a recreational fishing tournament may sell fish taken in connection with the tournament pursuant to a recreational fishing tournament license to sell fish. A person who organizes a recreational fishing tournament may obtain a recreational fishing tournament license to sell fish upon application to the Division and payment of a fee of one hundred twenty-five dollars ($125.00). It is unlawful for any person licensed under this subsection to sell fish to any person other than a fish dealer licensed under G.S. 113-169.3 unless the seller is also a licensed fish dealer. A recreational fishing tournament is an organized fishing competition occurring within a specified time period not to exceed one week and that is not a commercial fishing operation. Gross proceeds from the sale of fish may be used only for charitable, religious, educational, civic, or conservation purposes and shall not be used to pay tournament expenses. (1997-400, s. 5.1; 1998-225, s. 4.13; 2001-213, s. 2; 2009-433, s. 1; 2013-360, s. 14.8(d).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-168.5 - License endorsements for Standard Commercial Fishing License.

§ 113-168.5. License endorsements for Standard Commercial Fishing License.
(a), (b) Repealed by Session Laws 1998-225, s. 4.14, effective July 1, 1999.
(c) Repealed by Session Laws 2013-384, s. 2(a), effective August 23, 2013.
(d) Shellfish Endorsement for North Carolina Residents. – The Division shall issue a shellfish endorsement of a SCFL to a North Carolina resident at no charge. The holder of a SCFL with a shellfish endorsement is authorized to take and sell shellfish. (1997-400, s. 5.1; 1998-225, s. 4.14; 2001-213, s. 2; 2013-384, s. 2(a).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-169.1 - Permits for gear, equipment, and other specialized activities authorized.

§ 113-169.1. Permits for gear, equipment, and other specialized activities authorized.
(a) The Commission may adopt rules to establish permits for gear, equipment, and specialized activities, including commercial fishing operations that do not involve the use of a vessel and transplanting oysters or clams. The Commission may establish a fee for each permit established pursuant to this subsection in an amount that compensates the Division for the administrative costs associated with the permit but that does not exceed one hundred dollars ($100.00) per permit.
(b) The Commission may adopt rules to establish gear specific permits to take striped bass from the Atlantic Ocean and to limit the number and type of these permits that may be issued to a person. The Commission may establish a fee for each permit established pursuant to this subsection in an amount that compensates the Division for the administrative costs associated with the permit but that does not exceed thirty dollars ($30.00) per permit.
(c) To ensure an orderly transition from one permit year to the next, the Division may issue a permit prior to July 1 of the permit year for which the permit is valid. Revenue that the Division receives for the issuance of a permit prior to the beginning of a permit year shall not revert at the end of the fiscal year in which the revenue is received and shall be credited and available to the Division for the permit year in which the permit is valid. (1997-400, s. 5.1; 2000-172, s. 6.1; 2001-213, s. 2; 2006-254, s. 1; 2013-360, s. 14.8(f).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-169.4 - Licensing of ocean fishing piers; fees.

§ 113-169.4. Licensing of ocean fishing piers; fees.
(a) The owner or operator of an ocean fishing pier within the coastal fishing waters who charges the public a fee to fish in any manner from the pier shall secure a current and valid pier license from the Division. An application for a pier license shall disclose the names of all parties involved in the pier operations, including the owner of the property, owner of the pier if different, and all leasehold or other corporate arrangements, and all persons with a substantial financial interest in the pier.
(b) 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. 113-168.1(h).
(c) Pier licenses are issued upon payment of four dollars and fifty cents ($4.50) 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.
(d) The manager who secures the pier license shall be the individual with the duty of executive-level supervision of pier operations.
(e) The pier license issued under this section authorizes any individual who does not hold a Coastal Recreational Fishing License under Article 14B or Article 25A of this Chapter to engage in recreational fishing while on the pier. (1997-400, s. 5.1; 1998-225, s. 4.19; 2001-213, s. 2; 2013-360, s. 14.8(j).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-169.5 - Land or sell license; vessels fishing beyond territorial waters.

§ 113-169.5. Land or sell license; vessels fishing beyond territorial waters.
(a) Persons aboard vessels not having their primary situs in the State that are carrying a cargo of fish taken outside the waters of the State may land or sell their catch in the State by purchasing a land or sell license as set forth in this section with respect to the vessel in question. The Commission may by rule modify the land or sell licensing procedure in order to devise an efficient and convenient procedure for licensing out-of-state vessels to only land, or after landing to permit sale of cargo.
(b) The fee for a land or sell license for a vessel not having its primary situs in North Carolina is four hundred dollars ($400.00), or an amount equal to the nonresident fee charged by the nonresident's state, whichever is greater. Persons aboard vessels having a primary situs in a jurisdiction that would allow North Carolina vessels without restriction to land or sell their catch, taken outside the jurisdiction, may land or sell their catch in the State without complying with this section if the persons are in possession of a valid license from their state of residence. (1997-400, s. 5.1; 2001-213, s. 2; 2013-360, s. 14.8(k); 2014-100, s. 14.9(f).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170 - Exportation and importation of fish and equipment.

§ 113-170. Exportation and importation of fish and equipment.
The Commission may adopt rules governing the importation and exportation of fish, and equipment that may be used in taking or processing fish, as necessary to enhance the conservation of marine and estuarine resources of the State. These rules may regulate, license, prohibit, or restrict importation into the State and exportation from the State of any and all species of fish that are native to coastal fishing waters or may thrive if introduced into these waters. (1997-400, s. 5.1; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170.1 - Nonresidents reciprocal agreements.

§ 113-170.1. Nonresidents reciprocal agreements.
Persons who are not North Carolina residents are not eligible to obtain licenses under the provisions of this Article except as provided in this section. Residents of jurisdictions that sell commercial fishing licenses to North Carolina residents are eligible to hold North Carolina commercial fishing licenses under the provisions of G.S. 113-168.2. Licenses may be restricted in terms of area, gear, and fishery by the Commission so that the nonresidents are licensed to engage in North Carolina fisheries on the same or similar terms that North Carolina residents can be licensed to engage in the fisheries of other jurisdictions. The Secretary may enter into reciprocal agreements with other jurisdictions as necessary to allow nonresidents to obtain commercial fishing licenses in the State subject to the foregoing provisions. (1997-400, s. 5.1; 1998-225, s. 4.20; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170.2 - Fraud or deception as to licenses, permits, or records.

§ 113-170.2. Fraud or deception as to licenses, permits, or records.
(a) It is unlawful for any person to give any false information or willfully to omit giving required information to the Division or any license agent when the information is material to the securing of any license or permit under this Article. It is unlawful to falsify, fraudulently alter, or counterfeit any license, permit, identification, or record to which this Article applies or otherwise practice any fraud or deception designed to evade the provisions of this Article or reasonable administrative directives made under the authority of this Article.
(b) A violation of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (1997-400, s. 5.1; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170.3 - Record-keeping requirements.

§ 113-170.3. Record-keeping requirements.
(a) The Commission may require all licensees under this Article to keep and to exhibit upon the request of an authorized agent of the Department records and accounts as may be necessary to the equitable and efficient administration and enforcement of this Article. In addition, licensees may be required to keep additional information of a statistical nature or relating to location of catch as may be needed to determine conservation policy. Records and accounts required to be kept must be preserved for inspection for not less than three years.
(b) It is unlawful for any licensee to refuse or to neglect without justifiable excuse to keep records and accounts as may be reasonably required. The Department may distribute forms to licensees to aid in securing compliance with its requirements, or it may inform licensees of requirements in other effective ways such as distributing memoranda and sending agents of the Department to consult with licensees who have been remiss. Detailed forms or descriptions of records, accounts, collection and inspection procedures, and the like that reasonably implement the objectives of this Article need not be embodied in rules of the Commission in order to be validly required.
(c) The following records collected and compiled by the Department shall not be considered public records within the meaning of Chapter 132 of the General Statutes, but shall be confidential and shall be used only for the equitable and efficient administration and enforcement of this Article or for determining conservation policy, and shall not be disclosed except when required by the order of a court of competent jurisdiction: all records, accounts, and reports that licensees are required by the Commission to make, keep, and exhibit pursuant to the provisions of this section, and all records, accounts, and memoranda compiled by the Department from records, accounts, and reports of licensees and from investigations and inspections, containing data and information concerning the business and operations of licensees reflecting their assets, liabilities, inventories, revenues, and profits; the number, capacity, capability, and type of fishing vessels owned and operated; the type and quantity of fishing gear used; the catch of fish or other seafood by species in numbers, size, weight, quality, and value; the areas in which fishing was engaged in; the location of catch; the time of fishing, number of hauls, and the disposition of the fish and other seafood. The Department may compile statistical information in any aggregate or summary form that does not directly or indirectly disclose the identity of any licensee who is a source of the information, and any compilation of statistical information by the Department shall be a public record open to inspection and examination by any person, and may be disseminated to the public by the Department. (1997-400, s. 5.1; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170.4 - Rules as to possession, transportation, and disposition of fisheries resources.

§ 113-170.4. Rules as to possession, transportation, and disposition of fisheries resources.
The Commission may adopt rules governing possession, transportation, and disposition of fisheries resources by all persons, including those not subject to fish dealer licensing requirements, in order that inspectors may adequately distinguish regulated coastal fisheries resources from those not so regulated and enforce the provisions of this Article equitably and efficiently. These rules may include requirements as to giving notice, filing declarations, securing permits, marking packages, and the like. (1997-400, s. 5.1; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-170.5 - Violations with respect to coastal fisheries resources.

§ 113-170.5. Violations with respect to coastal fisheries resources.
It is unlawful to take, possess, transport, process, sell, buy, or in any way deal in coastal fisheries resources without conforming with the provisions of this Article or of rules adopted under the authority of this Article. (1997-400, s. 5.1; 2001-213, s. 2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-171.1 - Use of spotter planes in commercial fishing operations regulated.

§ 113-171.1. Use of spotter planes in commercial fishing operations regulated.
(a) Spotter Plane Defined. – A "spotter plane" is an aircraft used for aerial identification of the location of fish in coastal fishing waters so that a vessel may be directed to the fish.
(b) License. – Before an aircraft is used as a spotter plane in a commercial fishing operation, the owner or operator of the aircraft must obtain a license for the aircraft from the Division. The fee for a license for a spotter plane is one hundred twenty-five dollars ($125.00). An applicant for a license for a spotter plane shall include in the application the identity, either by boat or by company, of the specific commercial fishing operations in which the spotter plane will be used during the license year. If, during the course of the license year, the aircraft is used as a spotter plane in a commercial fishing operation that is not identified in the original license application, the owner or operator of the aircraft shall amend the license application to add the identity of the additional commercial fishing operation.
(c) Unlawful Activity. – It shall be unlawful to:
(1) Use a spotter plane directed at food fish, except in connection with a purse seine operation authorized by a rule of the Commission.
(2) Use or permit the use of an unlicensed spotter plane or a licensed spotter plane whose license application does not identify the specific commercial fishing operation involved.
(3) Participate knowingly in a commercial fishing operation that uses an unlicensed spotter plane or a licensed spotter plane whose license application does not identify the specific commercial fishing operation involved.
(d) Violation a Misdemeanor. – A violation of subsection (c) of this section is a Class 1 misdemeanor. (1997-400, s. 5.1; 2001-213, s. 2; 2013-360, s. 14.8(l).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14A - Coastal and Estuarine Commercial Fishing Licenses. › § 113-172 - License agents.

§ 113-172. License agents.
(a) The Secretary shall designate license agents for the Department. 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. 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 or misuse of State property, including license fees, by a license agent to the State Bureau of Investigation as provided by G.S. 143B-920.
(b) License agents shall be compensated by adding a surcharge of one dollar ($1.00) to each license sold and retaining the 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. (1997-400, s. 5.1; 1999-209, s. 3; 2001-213, s. 2; 2013-384, s. 1; 2014-100, s. 17.1(qq).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14B - Coastal Recreational Fishing Licenses. › § 113-174 - Definitions.

§ 113-174. Definitions.
As used in this Article:
(1) Repealed by Session Laws 2005-455, s. 1.2, effective January 1, 2007.
(1a) "CRFL" means Coastal Recreational Fishing License.
(2) "Division" means the Division of Marine Fisheries in the Department of Environmental Quality.
(2a) "For Hire Vessel" means a charter boat, head boat, dive boat, or other vessel 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.
(5) Repealed by Session Laws 2005-455, s. 1.2, effective January 1, 2007. (2004-187, s. 2; 2005-455, ss. 1.2, 1.19; 2013-360, s. 14.8(n); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14B - Coastal Recreational Fishing Licenses. › § 113-174.5 - Blocks of 10 Ten-Day Coastal Recreational Fishing Licenses.

§ 113-174.5. Blocks of 10 Ten-Day Coastal Recreational Fishing Licenses.
(a) The owner of a vessel that is 23 feet or more in length and that is either documented with the United States Coast Guard or registered with the Wildlife Resources Commission pursuant to G.S. 75A-4 may purchase a block of 10 Ten-Day CRFLs issued by the Division. A vessel owner who wishes to obtain a block of 10 Ten-Day CRFLs shall provide the Division with all information required by the Division, including information identifying the vessel on which the Ten-Day CRFLs will be used. Each individual Ten-Day CRFL shall identify the vessel for which the block of 10 Ten-Day CRFLs is issued. An individual Ten-Day CRFL issued as part of a block of 10 Ten-Day CRFLs may only be used on the vessel for which it was issued. An individual Ten-Day CRFL issued as part of a block of 10 Ten-Day CRFLs may not be used on a for hire vessel. A block of 10 Ten-Day CRFLs shall expire two years from the date of purchase.
(b) The fee for a block of 10 Ten-Day CRFLs is one hundred fifty dollars ($150.00). An individual Ten-Day CRFL issued as part of a block of 10 Ten-Day CRFLs is valid for a period of 10 consecutive days beginning on the date that the license information is recorded as provided by subsection (c) of this section.
(c) Prior to any recreational fishing occurring under the authority of an individual Ten-Day CRFL issued as part of a block of 10 Ten-Day CRFLs, the vessel owner who purchased the block of 10 Ten-Day CRFLs shall record the date fishing activity will begin and the name, address, telephone number, and date of birth of the individual who will be fishing under the authority of the individual Ten-Day CRFL.
(d) A vessel owner who purchases a block of 10 Ten-Day CRFLs shall comply with all data and information reporting requirements of the Division.
(e) A vessel owner who fails to comply with any of the requirements governing the issuance, use, recording, or reporting of blocks of 10 Ten-Day CRFLs will be ineligible to purchase any additional blocks of 10 Ten-Day CRFLs for a period of two years from the date of noncompliance. (2008-141, s. 1; 2013-360, s. 14.8(q).)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14C - Marine Resources Fund and Marine Resources Endowment Fund. › § 113-175 - Definitions.

§ 113-175. Definitions.
As used in this Article:
(1) Repealed by Session Laws 2005-455, s. 2.2, effective January 1, 2006.
(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. (2004-187, s. 1; 2005-455, s. 2.2.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 14C - Marine Resources Fund and Marine Resources Endowment Fund. › § 113-175.1 - North Carolina Marine Resources Fund.

§ 113-175.1. North Carolina Marine Resources Fund.
(a) There is hereby established the North Carolina Marine Resources Fund as a nonreverting special revenue 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, and all marine resources investment income shall be deposited to the credit of the Marine Resources Fund. The State Treasurer shall disburse the principal of the Marine Resources Fund and marine resources investment income only upon the written direction of the Division of Marine Fisheries of the Department of Environmental Quality.
(c) The Division of Marine Fisheries of the Department of Environmental Quality may authorize the disbursement of the principal of the Marine Resources Fund and marine resources investment income only to manage, protect, restore, develop, cultivate, conserve, and enhance the marine resources of the State. The Division of Marine Fisheries may not authorize the disbursement of the principal of the Marine Resources Fund and marine resources investment income to establish positions without specific authorization from the General Assembly. Prior to authorizing disbursements from the Marine Resources Fund, the Division of Marine Fisheries shall consult with the Wildlife Resources Commission about these proposals. Expenditure of the assets of the Marine Resources Fund shall be made through the State budget accounts of the Division of Marine Fisheries in accordance with the provisions of the Executive Budget Act. The Marine Resources Fund is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
(d) To enhance fishing opportunities, the Marine Resources Fund may be used to construct artificial reefs in the estuarine and ocean waters of the State and federal waters up to 20 nautical miles from land. (2004-187, s. 1; 2005-455, s. 2.3; 2011-145, s. 13.18; 2013-360, s. 14.9(a), (b); 2017-57, ss. 13.15(c), 13.16.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-181 - Duties and powers of Department.

§ 113-181. Duties and powers of Department.
(a) It is the duty of the Department to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and estuarine resources. In execution of this duty, the Department may collect such statistics, market information, and research data as is necessary or useful to the promotion of sports and commercial fisheries in North Carolina and the conservation of marine and estuarine resources generally; conduct or contract for research programs or research and development programs applicable to resources generally and to methods of cultivating, harvesting, marketing, or processing fish as may be beneficial in achieving the objectives of this Subchapter; enter into reciprocal agreements with other jurisdictions with regard to the conservation of marine and estuarine resources; and regulate placement of nets and other sports or commercial fishing apparatus in coastal fishing waters with regard to navigational and recreational safety as well as from a conservation standpoint.
(b) The Department is directed to make every reasonable effort to carry out the duties imposed in this Subchapter. (1915, c. 84, s. 5; 1917, c. 290, s. 10; C.S., s. 1883; 1953, c. 1086; 1965, c. 957, s. 2; 1973, c. 1262, s. 28; 1987, c. 827, s. 101.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-182 - Regulation of fishing and fisheries.

§ 113-182. Regulation of fishing and fisheries.
(a) The Marine Fisheries Commission is authorized to authorize, license, regulate, prohibit, prescribe, or restrict all forms of marine and estuarine resources in coastal fishing waters with respect to:
(1) Time, place, character, or dimensions of any methods or equipment that may be employed in taking fish;
(2) Seasons for taking fish;
(3) Size limits on and maximum quantities of fish that may be taken, possessed, bailed to another, transported, bought, sold, or given away.
(b) The Marine Fisheries Commission is authorized to authorize, regulate, prohibit, prescribe, or restrict and the Department is authorized to license:
(1) The opening and closing of coastal fishing waters, except as to inland game fish, whether entirely or only as to the taking of particular classes of fish, use of particular equipment, or as to other activities within the jurisdiction of the Department; and
(2) The possession, cultivation, transportation, importation, exportation, sale, purchase, acquisition, and disposition of all marine and estuarine resources and all related equipment, implements, vessels, and conveyances as necessary to implement the work of the Department in carrying out its duties.
(3) The possession, transportation, importation, exportation, sale, purchase, acquisition, and disposition of all fish taken in the Atlantic Ocean out to a distance of 200 miles from the State's mean low watermark, consistent with the Magnuson Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq., as amended. (1915, c. 84, s. 21; 1917, c. 290, s. 7; C.S., s. 1878; 1925, c. 168, s. 2; 1935, c. 35; 1945, c. 776; 1953, cc. 774, 1251; 1961, c. 1189, s. 1; 1963, c. 1097, s. 1; 1965, c. 957, s. 2; 1973, c. 1262, s. 28; 1995, c. 507, s. 26.5(c); 1997-400, s. 6.6.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-183 - Unlawful possession, transportation and sale of fish.

§ 113-183. Unlawful possession, transportation and sale of fish.
(a) It is unlawful to possess, transport, offer to transport, sell, offer to sell, receive, buy, or attempt to buy any fish regulated by the Department with knowledge or reason to believe that such fish are illicit.
(b) Fish are illicit when taken, possessed, or dealt with unlawfully, or when there has occurred at any time with respect to such fish a substantial failure of compliance with the applicable provisions of this Subchapter or of rules made under the authority of this Subchapter. (1961, c. 1189, s. 2; 1965, c. 957, s. 2; 1987, c. 827, s. 98.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-184 - Possession and transportation of prohibited oyster equipment.

§ 113-184. Possession and transportation of prohibited oyster equipment.
(a) It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14A under way or at anchor in coastal fishing waters during the regular closed oyster season any scoops, scrapes, dredges, or winders such as are usually or can be used for taking oysters. Provided that when such vessels are engaged in lawfully permitted oyster harvesting operations on any privately held shellfish bottom lease under G.S. 113-202 or G.S. 113-205, the vessel shall be exempt from this requirement.
(b) If any vessel has recently been under way or at anchor in coastal fishing waters engaged in activity similar in manner to that in which oysters are taken with scoops, scrapes, or dredges and at a time or place in which the taking of oysters is prohibited, the presence on board of the vessel of wet oysters or scoops, scrapes, dredges, lines, or deck wet, indicating the taking of oysters, constitutes prima facie evidence that the vessel was engaged in taking oysters unlawfully with scoops, scrapes, or dredges at the time or place prohibited.
(c) Repealed by Session Laws 1991, c. 86, s. 1. (1903, c. 516, ss. 13-15, 28; Rev., ss. 2385, 2397; C.S., s. 1926; 1963, c. 452; 1965, c. 957, s. 2; 1991, c. 86, s. 1; 1991 (Reg. Sess., 1992), c. 788, s. 1; 1998-225, s. 3.3.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-185 - Fishing near ocean piers; trash or scrap fishing.

§ 113-185. Fishing near ocean piers; trash or scrap fishing.
(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. 113-169.4. 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.
(b) It is unlawful to engage in any fishing operations known as trash fishing or scrap fishing. "Trash fishing" or "scrap fishing" consists of taking the young of edible fish before they are of sufficient size to be of value as individual food fish:
(1) For commercial disposition as bait; or
(2) For sale to any dehydrating or nonfood processing plant; or
(3) For sale or commercial disposition in any manner.
The Marine Fisheries Commission may by rule authorize the disposition of the young of edible fish taken in connection with the legitimate commercial fishing operations, provided that the quantity of such fish that may be disposed of is sufficiently limited, or the taking and disposition is otherwise so regulated, as to discourage any practice of trash or scrap fishing for its own sake. (1965, c. 957, s. 2; 1973, c. 1262, ss. 28, 86; 1985, c. 452, ss. 1-4; 1987, c. 641, s. 5; c. 827, s. 98; 1991, c. 86, s. 2; 1998-225, s. 3.4.)
2023 North Carolina General Statutes › Chapter 113 - Conservation and Development › Article 15 - Regulation of Coastal Fisheries. › § 113-186 - Measures for fish scrap and oil.

§ 113-186. Measures for fish scrap and oil.
All persons buying or selling menhaden for the purpose of manufacturing fish scrap and oil within the State must buy or sell according to the measure prescribed in this section: 22,000 cubic inches for every 1,000 fish. Each day of failure to use the prescribed measure constitutes a separate offense. (1911, c. 101; C.S., s. 1963; 1965, c. 957, s. 2.)