15A NCAC 03I .0114. RECORDKEEPING REQUIREMENTS

(a)  It is unlawful for a fish dealer:

(1)           To fail to complete accurately and legibly all mandatory items on the North Carolina trip ticket for each transaction and submit the trip ticket in accordance with G.S. 113-168.2;

(2)           To fail to provide to the Division a Trip Ticket Submittal/Transaction form indicating the number of transactions that occurred during the previous month;

(3)           To fail to make paper copies of trip tickets available at the dealer location for inspection by Marine Patrol inspectors;

(4)           To fail to submit trip tickets to the Division via electronic file transfer if that dealer reported an annual average of greater than 50,000 pounds of finfish for the previous three calendar years. Dealers subject to the electronic reporting requirement shall be notified by the Division via certified mail and within 120 days of receipt shall:

(A)          Initiate electronic file transfer of trip tickets; and

(B)          Continue to report by electronic file transfer until the dealer no longer holds a fish dealer license with finfish or consolidated categories;

(5)           To fail to use software or web-based utilities authorized by the Division when reporting electronically. Electronic submittals shall meet all other recordkeeping requirements in accordance with G.S. 113-168.2; and

(6)           To fail to keep all trip tickets and all supporting documentation for each transaction including receipts, checks, bills of lading, records, electronic files and accounts for a period of not less than three years.

(b)  It is unlawful for a seller licensed under G.S. 113, Article 14A or donor to fail to provide to the fish dealer, at the time of transaction, the following:

(1)           A current and valid license or permit to sell the type of fish being offered and if a vessel is used, the commercial fishing vessel registration; and

(2)           Complete and accurate information on harvest method and area of catch and other information required by the Division, in accordance with G.S. 113-168.2 and 113-169.3.

(c)  It is unlawful to transport fish without having ready at hand for inspection a bill of consignment, bill of lading, or other shipping documentation provided by the shipping dealer showing thereon the name of the consignee, name of the shipper, the date of the shipment, and the quantity of each species of fish shipped.  In the event the fisherman taking the fish is also a dealer and ships from the point of landing, all shipping records shall be recorded at the point of landing. Fishermen who transport their fish directly to dealers are exempt from this Paragraph of this Rule.

(d)  It is unlawful to export fish landed in the State in a commercial fishing operation without a North Carolina licensed fish dealer completing all the record keeping requirements in G.S. 113-168.2(i).

(e)  It is unlawful to offer for sale fish purchased from a licensed fish dealer without having ready at hand for inspection by Marine Patrol inspectors or other agent of the Fisheries Director written documentation of purchase showing thereon the name of the licensed dealer, name of the purchaser, date of the purchase, and the quantity of each species purchased.

(f)  It is unlawful for a holder of a Fish Dealer's License to have fish in possession at a licensed location without written documentation from a licensed fish dealer or a completed North Carolina Marine Fisheries Trip Ticket to show the quantity and origin of all fish.

 

History Note:        Authority G.S. 113-134; 113-168.2; 113-168.3; 113-169.3; 113-170; 113-170.3; 113-170.4; 143B-289.52;

Eff. March 1, 1994;

Recodified from 15A NCAC 3I .0014 Eff. December 17, 1996;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. June 1, 2013; August 1, 2000.