N.C. Division of Marine Fisheries has stiffened commercial penalties
Beginning today, recreational saltwater fishermen will be included in several regulations that allow for suspension and revocation of their fishing licenses. Provisions for suspension and revocation of commercial fishing licenses have been in effect for several years, but the same regulations will now also govern recreational fishermen, and the penalties have been stiffened.
The Coastal Recreational Fishing License (CRFL) went into effect in January 2007, and during the 2010 legislative session, the N.C. General Assembly passed a law directing the N.C. Marine Fisheries Commission to adopt rules to govern the suspension and revocation of recreational saltwater fishing licenses. That same legislation also authorized the Commission to modify the existing suspension and revocation schedule.
The Commission studied the existing regulations and suspension/revocation guidelines and decided to do a complete overhaul, including stiffer penalties for repeat violators. The completed list was offered for public comment and adopted during the Commission’s November 2011 meeting in Raleigh.
“Under the new guidelines, fishermen will face longer license suspensions for most violations,” said Louis Daniel, director of the N.C. Division of Marine Fisheries (DMF). “However, non-resource-related violations will no longer count against suspension or revocation of a license.”
The primary part of the new regulations is a table that combines lesser violations over a 3-year period to require suspensions and revocations for commercial and recreational fishermen. This is the first time recreational fishermen were included in these guidelines. The penalties were also stiffened considerably.
Previously, two convictions of fishery rules violations in a 3-year period resulted in a 10-day license suspension; that suspension has been increased to 30 days. Three convictions in that same time previously resulted in a 30-day suspension; that has been lengthened to 90 days. Before today, four or more convictions in a 3-year period resulted in a 6-month revocation. Now, this denotes a habitual violator and now carries a minimum of a year of license revocation. The fisherman must reapply to have his license reinstated, and he cannot re-apply for a year.
A second section of these regulations provides for suspensions and revocations for major violations. This includes things like clamming and oystering in closed areas and assault on a Marine Patrol Officer. It seems difficult to believe, but before today, there was no required license suspension for assaulting a Marine Patrol Officer. That now carries a minimum of two years of license revocation, and the fisherman must reapply for reinstatement after two years.
Also effective today, fishermen may receive notice their license has been suspended or revoked by certified mail. Before, the notice of suspension or revocation had to be delivered in person, which often resulted in difficulties and delays in delivery.
A list of all these new rules and regulations can be found in the Oct. 1, 2012 supplement to the N.C. Marine Fisheries Commission Rules. This is posted on the MFC/DMF website at http://portal.ncdenr.org/web/mf/rules-and-regulations.
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