15A NCAC 03O .0108. LICENSE TRANSFERS

(a)  Licenses to Land Flounder from the Atlantic Ocean may only be transferred:

(1)           with the transfer of the ownership of a vessel that the licensee owns that individually met the eligibility requirements of 15A NCAC 3O .0101 (b) (1) (A) and (b) (1) (B) to the new owner of that vessel.  Transfer of the License to Land Flounder from the Atlantic Ocean transfers all flounder landings from the Atlantic Ocean associated with that vessel; or

(2)           by the owner of a vessel to another vessel under the same ownership.

Any transfer of license under this Paragraph may only be processed through the Division of Marine Fisheries Morehead City Office and no transfer is effective until approved and processed by the Division.

(b)  Commercial Fishing Vessel Registration Transfer.  When transferring ownership of a vessel bearing a current commercial fishing vessel registration, the new owner shall follow the requirements in 15A NCAC 3O .0101 and pay a replacement fee of ten dollars ($10.00) for a replacement commercial fishing vessel registration. The new owner must submit a form provided by the Division with the signatures of the former licensee and the signature of the new licensee notarized.

(c)  Standard or Retired Standard Commercial Fishing License transfers:

(1)           A Standard or Retired Standard Commercial Fishing License may only be transferred if both the transferor and the transferee have no current suspensions or revocations of any Marine Fisheries license privileges.

(2)           At the time of the transfer of a Standard or Retired Standard Commercial Fishing License, the transferor must indicate the retainment or transfer of the landings history associated with that Standard or Retired Standard Commercial Fishing License.  The transferor may retain a landings history only if the transferor holds an additional Standard or Retired Standard Commercial Fishing License.  Transfer of a landings history is all or none.

(3)           To transfer a Standard or Retired Standard Commercial Fishing License, the following information is required:

(A)          information on the transferee as set out in 15A NCAC 3O .0101;

(B)          notarization of the current license holder's and the transferee's signatures on a transfer form provided by the Division;

(C)          when the transferee is a non-resident, a written certified statement from the applicant listing any violations involving marine and estuarine resources during the previous three years;

(D)          when the transferor is retiring from commercial fishing, the transferor must submit evidence showing that such retirement has in fact occurred, for example, evidence of the transfer of all licensee's Standard Commercial Fishing Licenses, sale of all the licensee's registered vessels, or discontinuation of any active involvement in commercial fishing.

                                Properly completed transfer forms must be returned to Division Offices by mail or in person.

(4)           The Standard or Retired Standard Commercial Fishing License which is being transferred must be surrendered to the Division at the time of the transfer application.

(5)           Fees:

(A)          Transferee must pay a replacement fee of ten dollars ($10.00).

(B)          Transferee must pay the differences in fees as specified in G.S. 113-168.2 (e) or G.S. 113-168.3 (b) when the transferee who is a non-resident is being transferred a resident Standard or Retired Standard Commercial Fishing License.

(C)          Transferee must pay the differences in fees as specified in G.S. 113-168.2 (e) when the license to be transferred is a Retired Standard Commercial Fishing License and the transferee is less than 65 years old.

(6)           Transfer of Standard or Retired Standard Commercial Fishing License for Deceased Licensees:

(A)          When the deceased licensee's immediate surviving family member(s) is eligible to hold the deceased=s Standard Commercial Fishing Licenses or Retired Standard Commercial Fishing License, the Administrator/Executor must give written notification within six months after the Administrator/Executor qualifies under G. S. 28A to the Morehead City Office of the Division of Marine Fisheries of the request to transfer the deceased=s license to the estate Administrator/Executor.

(B)          A transfer to the Administrator/Executor shall be made according to the provisions of Subparagraphs (c (2) - (c) (4) of this Rule.  The Administrator/Executor must provide a copy of the deceased licensee's death certificate, a copy of the certificate of administration and a list of eligible immediate family members to the Morehead City Office of the Division of Marine Fisheries.

(C)          The Administrator/Executor may only transfer a license in the Administrator/Executor name on behalf of the estate to a eligible surviving family member.  The surviving family member transferee may only transfer the license to a third party purchaser of the deceased licensee's fishing vessel.  Transfers shall be made according to the provisions of Subparagraphs (c) 2 - (c) (4) of this Rule.

(d)  Transfer forms submitted without complete and required information shall be deemed incomplete and will not be considered further until resubmitted with all required information.

(e)  It is unlawful for a person to accept transfer of a Standard or Retired Standard Commercial Fishing License for which they are ineligible.

 

History Note:        Authority G.S. 113‑134; 113-168.1; 113-168.2; 113-168.3; 113-168.6; 143B-289.52;

Eff. January 1, 1991;

Amended Eff. March 1, 1994;

Temporary Amendment Eff. August 1, 1999; July 1, 1999;

Amended Eff. August 1, 2000.