15A NCAC 03I .0114 RECORDKEEPING REQUIREMENTS

(a) It shall be unlawful for a licensed fish dealer:

(1) to record false information on the North Carolina trip ticket or to fail to legibly record all items on the North Carolina trip ticket for each transaction and submit the trip ticket in accordance with G.S. 113-168.2, including the following:

(A) fisherman's name;

(B) fisherman's North Carolina license number;

(D) start date of trip, including year, month, and day;

(E) unload date of trip, including year, month, and day;

(F) North Carolina Division of Marine Fisheries Vessel Identification Number or indicate if no vessel was used;

(G) crew size;

(H) gear fished;

(I) waterbody fished;

(J) species landed;

(K) quantity of each species landed in pounds, numbers of fish, bushels, or other units of measurement;

(L) disposition of species;

(M) transaction number;

(N) number of crab pots or peeler pots fished, if applicable;

(O) state where species was taken if other than North Carolina;

(P) lease number, if applicable;

(Q) bottom type, if applicable; and

(R) shellfish harvest area, if applicable.

(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 or electronic copies of trip tickets or N.C. Trip Ticket Program Dock Tickets available at the dealer location for inspection by Marine Fisheries 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; 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 shall be 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 G.S. 113-169.3.

(c) It shall be 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 the following items:

(1) name of the consignee;

(2) name of the shipper;

(3) date of the shipment;

(4) name of fish being shipped; and

(5) quantity of each fish being shipped.

In the event the fisherman taking the fish is also a licensed fish 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 licensed fish dealers are exempt from this Paragraph.

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

(e) It shall be unlawful to offer for sale fish purchased from a licensed fish dealer without having ready at hand for inspection by Marine Fisheries inspectors or other agents of the Fisheries Director written documentation of purchase showing the following items:

(1) name of the licensed fish dealer;

(2) name of the purchaser;

(3) date of the purchase;

(4) name of fish purchased; and

(5) quantity of each fish purchased.

(f) It shall be unlawful for a holder of a Fish Dealer License to have fish in possession at a licensed location without written documentation from a licensed fish dealer or a completed North Carolina 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; 113-182; 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;

Readopted Eff. March 15, 2023.