15A NCAC 03O .0502. PERMIT CONDITIONS; GENERAL

The following conditions apply to all permits issued by the Fisheries Director:

(1)           it is unlawful to operate under the permit except in areas, at times, and under conditions specified on the permit;

(2)           it is unlawful to operate under a permit without having the permit or copy thereof in possession of the permittee or his or her designees at all times of operation and the permit or copy thereof shall be ready at hand for inspection, except for Pound Net Permits;

(3)           it is unlawful to operate under a permit without having a current picture identification in possession and ready at hand for inspection;

(4)           it is unlawful to refuse to allow inspection and sampling of a permitted activity by an agent of the Division;

(5)           it is unlawful to fail to provide complete and accurate information requested by the Division in connection with the permitted activity;

(6)           it is unlawful to hold a permit issued by the Fisheries Director when not eligible to hold any license required as a condition for that permit as stated in 15A NCAC 03O .0501;

(7)           it is unlawful to fail to provide reports within the timeframe required by the specific permit conditions;

(8)           it is unlawful to fail to keep such records and accounts as required by the rules in this Chapter for determination of conservation policy, equitable and efficient administration and enforcement, or promotion of commercial or recreational fisheries;

(9)           it is unlawful to assign or transfer permits issued by the Fisheries Director, except for Pound Net Permits as authorized by 15A NCAC  03J .0504;

(10)         the Fisheries Director, or his agent, may, by conditions of the permit, specify any or all of the following for the permitted purposes:

(a)           species;

(b)           quantity or size;

(c)           time period;

(e)           location;               

(d)           means and methods;

(f)            disposition of resources;

(g)           marking requirements; or

(h)           harvest conditions.

(11)         unless specifically stated as a condition on the permit, all statutes, rules and proclamations shall apply to the permittee and his or her designees; and

(12)         as a condition of accepting the permit from the Fisheries Director, the permittee agrees to abide by all conditions of the permit and agrees that if specific conditions of the permit, as identified on the permit, are violated or if false information was provided in the application for initial issuance, renewal or transfer, the permit may be suspended or revoked by the Fisheries Director.

 

History Note:        Authority G.S. 113-134; 113-169.1; 113-182; 113-210; 143B-289.52;

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001;

Amended Eff. April 1, 2009; September 1, 2005.