§ 113-270.1 — License agents

North Carolina § 113-270.1

• Jurisdiction: North Carolina
• Ch. 113: Conservation and Development
• Art. 21: Licenses and Permits Issued by the Wildlife Resources Commission
• Subch. IV: CONSERVATION OF MARINE AND ESTUARINE AND WILDLIFE RESOURCES

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(a) The Wildlife Resources Commission may by rule provide for the appointment of persons as license agents to sell licenses and permits that the Commission is authorized to issue by this Subchapter or by any other provisions of law. To facilitate the convenience of the public, the efficiency of administration, the need to keep statistics and records affecting the conservation of wildlife resources, boating, water safety, and other matters within the jurisdiction of the Wildlife Resources Commission, and the need to issue licenses and permits containing special restrictions, the Wildlife Resources Commission may issue licenses and permits in any particular category through:
(1) License agents.
(1a) A contracted licensing system vendor.
(2) The Wildlife Resources Commission's headquarters.
(3) Employees of the Wildlife Resources Commission.
(4) Two or more such sources simultaneously.
(a1) When there are substantial reasons for differing treatment, the Wildlife Resources Commission may issue a type of license or permit by one method in one locality and by another method in another locality.
(b) License agents may charge a fee of up to four dollars ($4.00) per transaction for licenses, applications, or permits processed by the agent. The Commission may charge a fee of up to four dollars ($4.00) per transaction for licenses, permits, and applications sold online or by other electronic means or directly to the public. This fee is in addition to any transaction fee charged by a contracted licensing system vendor.
(b1) When licenses or permits are to be issued by license agents as provided by subsection (a) of this section, the Wildlife Resources Commission may adopt rules to provide for any of the following:
(1) Qualifications of the license agents.
(2) Duties of the license agents.
(3) Methods and procedures to ensure accountability and security for proceeds and unissued licenses and permits.
(4) Types and amounts of evidence that a license agent must submit to relieve the agent of responsibility for losses due to occurrences beyond the control of the agent.
(5) Any other reasonable requirement or condition that the Wildlife Resources Commission deems necessary to expedite and control the issuance of licenses and permits by license agents.
(b2) The Wildlife Resources Commission may adopt rules to authorize the Executive Director to take any of the following actions related to license agents:
(1) Select and appoint license agents in areas most convenient for the sale of licenses and permits.
(2) Limit the number of license agents in an area if necessary for efficiency of operation.
(3) Require prompt and accurate reporting and remittance of public funds or documents by license agents.
(4) Conduct periodic and special audits of accounts.
(5) Suspend or terminate the authorization of any license agent found to be noncompliant with rules adopted by the Wildlife Resources Commission or when State funds or property are reasonably believed to be in jeopardy.
(6) Require the immediate surrender of all equipment, forms, licenses, permits, records, and State funds and property, issued by or belonging to the Wildlife Resources Commission, in the event of the termination of a license agent.
(b3) The Wildlife Resources Commission is exempt from the contested case provisions of Chapter 150B of the General Statutes with respect to determinations of whether to authorize or terminate the authority of a person to sell licenses and permits as a license agent of the Wildlife Resources Commission.
(b4) If any check or bank account draft of any license agent for the issuance of licenses or permits is returned by the banking facility upon which the same is drawn for lack of funds, the license agent is liable to the Commission or contracted licensing system vendor for a penalty of five percent (5%) of the amount of the check or bank account draft, but in no event shall the penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00). License agents shall be assessed a penalty of twenty-five percent (25%) of their issuing fee on all remittances to the Commission or contracted licensing system vendor after the fifteenth day of the month immediately following the month of sale.
(b5) A contracted licensing system vendor may charge a fee of:
(1) Up to three dollars ($3.00) per transaction for licenses, permits, applications, or merchandise sold online or by other electronic means.
(2) Up to one dollar ($1.00) per transaction for licenses, permits, applications, or merchandise sold by a license agent or directly through the Commission.
(3) Up to five dollars ($5.00) per transaction for licenses, permits, applications, or merchandise sold through the contracted licensing system vendor call center.
(b6) Neither the Commission nor a contracted licensing system vendor shall charge a fee for federal Harvest Information Program (HIP) certification, big game harvest report cards for lifetime license holders, exempt landowners, persons of less than 16 years of age, or for any other license transactions for which there is no charge authorized by applicable law.
(c) Repealed by Session Laws 2005-455, s. 3.2. See notes for contingent effective date.
(d) It is a Class 1 misdemeanor for a license agent to do any of the following:
(1) Withhold or misappropriate funds from the sale of licenses or permits.
(2) Falsify records of licenses or permits sold.
(3) Willfully and knowingly assist or allow a person to obtain a license or permit for which the person is ineligible.
(4) Willfully issue a backdated license or permit.
(5) Willfully include false information or omit material information on records, licenses, or permits regarding either:
a. A person's entitlement to a particular license or permit.
b. The applicability or term of a particular license or permit.
(6) Charge or accept any additional fee, remuneration, or other item of value in association with any activity set out in subdivisions (1) through (5) of this subsection.
(e) through (j) Repealed by Session Laws 2005-455, s. 3.2. See notes for contingent effective date. (1961, c. 352, ss. 4, 9; 1979, c. 830, s. 1; 1985, c. 791, s. 34; 1987, c. 827, s. 98; 1993, c. 539, ss. 852, 853; 1994, Ex. Sess., c. 24, s. 14(c); 2005-455, s. 3.2; 2013-283, s. 15; 2022-74, s. 15.3(d).)
§ 113-270.1A. Hunter safety course required.
(a) Except as provided in subsections (a1) and (d) of this section, on or after July 1, 2013, a person, regardless of age, may not procure a hunting license in this State without producing a hunter education certificate of competency or one of the following issued by the Wildlife Resources Commission:
(1) A North Carolina hunting heritage apprentice permit.
(2) A hunting license issued prior to July 1, 2013.
(a1) A person who qualifies for a disabled license under G.S. 113-270.1C(b)(5) or (6), G.S. 113-270.1D(b)(7) or (8), or G.S. 113-351(c)(3)f. or g. need not comply with the requirements of subsection (a) of this section in order to receive that license, so long as the person does not make use of the license unless:
(1) The disabled hunter is accompanied by an adult of at least 18 years of age who is licensed to hunt; and
(2) The licensed adult maintains a proximity to the disabled hunter which enables the adult to monitor the activities of the disabled hunter by remaining within sight and hearing distance at all times without the use of electronic devices.
(b) The Wildlife Resources Commission shall institute and coordinate a statewide course of instruction in hunter ethics, wildlife laws and regulations, and competency and safety in the handling of firearms, and in so doing, may cooperate with any political subdivision, or with any reputable organization. The course of instruction shall be conducted as follows:
(1) The Wildlife Resources Commission shall designate those persons or agencies authorized to give the course of instruction, and this designation shall be valid until revoked by the Commission. Those designated persons shall submit to the Wildlife Resources Commission validated listings naming all persons who have successfully completed the course of instruction.
(2) The Wildlife Resources Commission may conduct the course in hunter education, using Commission personnel or Commission-approved persons.
(3) The Wildlife Resources Commission shall issue a certificate of competency and safety to each person who successfully completes the course of instruction, and the certificate shall be valid until revoked by the Commission.
(4) Any similar certificate issued outside the State by a governmental agency, shall be accepted as complying with the requirements of subsection (a) above, if the privileges are reciprocal for North Carolina residents.
(5) The Wildlife Resources Commission shall adopt rules and regulations to provide for the course of instruction and the issuance of the certificates consistent with the purpose of this section.
(c) On or after July 1, 2013, any person who obtains a hunting license by presenting a fictitious certificate of competency or who attempts to obtain a certificate of competency or hunting license through fraud shall have his hunting privileges revoked by the Wildlife Resources Commission for a period not to exceed one year.
(d) Notwithstanding the provisions of subsection (a) of this section, the lifetime licenses provided for in G.S. 113-270.1D(b)(1), (2), (3), (4), and (5), and 113-270.2(c)(2), and 113-351(c)(3) may be purchased by or in the name of persons who have not obtained a hunter education certificate of competency, subject to the requirements of this subsection. Pending satisfactory completion of the hunter education course, persons who possess one of the lifetime licenses specified in this subsection may exercise the privileges of the lifetime license only when accompanied by an adult of at least 18 years of age who is licensed to hunt in this State. For the purpose of this section, "accompanied" means that the licensed adult maintains a proximity that enables the adult to monitor the activities of the hunter by remaining within sight and hearing distance at all times without use of electronic devices. (1989, c. 324, s. 1; 1991, c. 70, s. 1; 1997-365, s. 1; 1999-456, s. 27; 2005-438, s. 1; 2013-63, s. 1.)
§ 113-270.1B. License required to hunt, fish, or trap; fees set by Commission.
(a) Except as otherwise specifically provided by law, no person may hunt, fish, trap, or participate in any other activity regulated by the Wildlife Resources Commission for which a license is provided by law without having first procured a current and valid license authorizing the activity.
(b) Except as indicated otherwise, all licenses, permits, stamps, and certifications are valid from the date of issue for a period of 12 months.
(c) As used in this section, the term "effective date" means the later of:
(1) The date of purchase of a new license.
(2) The first day after the expiration of a currently valid license of the same type held by the licensee.
(d) Repealed by Session Laws 2022-74, s. 15.3(e), effective July 1, 2023.
(e) The Wildlife Resources Commission shall adopt rules to establish fees for all licenses, permits, stamps, and certifications issued and administered by the Wildlife Resources Commission, except those specified in G.S. 113-173. No rule may increase a fee in excess of the total increase in the Consumer Price Index for All Urban Consumers, rounded up to the next whole dollar, over the period of time since the last fee change.
The statutory fees for the hunting, fishing, trapping, and activity licenses issued and administered by the Wildlife Resources Commission shall expire when the rules adopted pursuant to this subsection become effective. (1993 (Reg. Sess., 1994), c. 684, s. 1; 2012-81, s. 1; 2013-283, ss. 16, 20(b), (c); 2017-57, s. 13A.3; 2019-204, s. 6(a); 2022-74, s. 15.3(e).)
§ 113-270.1C. Combination hunting and inland fishing licenses.
(a) The combination hunting and inland fishing licenses set forth in subsection (b) of this section entitle the licensee to take all wild birds and wild animals, other than big game and waterfowl, by all lawful methods, except trapping, and in all open seasons, and to fish with hook and line in all inland and joint fishing waters, and public mountain trout waters, but does not entitle the licensee to engage in fishing in coastal fishing waters. A combination hunting and inland fishing license issued under this section entitles the licensee to access and use Wildlife Resources Commission Property.
(b) Combination hunting and inland fishing licenses issued by the Wildlife Resources Commission are:
(1) Resident Annual Combination Hunting and Inland Fishing License - $35.00. This license shall be issued only to an individual resident of the State.
(2), (3) Repealed by Session Laws 1997-326, s. 2.
(4) Repealed by Session Laws 2005-455, s. 1.6, effective January 1, 2007.
(5) Resident Disabled Veteran Lifetime Combination Hunting and Inland Fishing License - $10.00. This license shall be issued only to an individual who is a resident of the State and who is a fifty percent (50%) or more disabled veteran as determined by the United States Department of Veterans Affairs. This license remains valid for the lifetime of the licensee.
(6) Resident Totally Disabled Lifetime Combination Hunting and Inland Fishing License - $10.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration. This license remains valid for the lifetime of the licensee. (1993 (Reg. Sess., 1994), c. 684, s. 1; 1997-326, ss. 2, 3; 2001-91, s. 1; 2005-455, s. 1.6; 2013-283, s. 1; 2019-204, s. 6(b).)
§ 113-270.1D. Sportsman licenses.
(a) Annual Sportsman License - $50.00. This license shall be issued only to an individual resident of the State and entitles the licensee to take all wild animals and wild birds, including waterfowl, by all lawful methods, except trapping, in all open seasons, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters, but does not entitle the licensee to engage in fishing in coastal waters. An annual sportsman license issued under this subsection entitles the licensee to access and use Wildlife Resources Commission Property.
(b) Lifetime Sportsman Licenses. - Lifetime sportsman licenses are valid for the lifetime of the licensees. Lifetime sportsman licenses entitle the licensees to take all wild animals and wild birds by all lawful methods, except trapping, in all open seasons, and to fish with hook and line for all fish in all inland and joint fishing waters, including public mountain trout waters, but do not entitle the licensee to engage in fishing in coastal fishing waters, except if the license was purchased before January 1, 2006, pursuant to G.S. 113-174.2(d)(2). A lifetime sportsman license issued under this subsection entitles the licensee to access and use Wildlife Resources Commission Property. Lifetime sportsman licenses issued by the Wildlife Resources Commission are:
(1) Infant Lifetime Sportsman License - $200.00. This license shall be issued only to an individual under one year of age.
(2) Youth Lifetime Sportsman License - $350.00. This license shall be issued only to an individual under 12 years of age.
(3) Adult Resident Lifetime Sportsman License - $500.00. This license shall be issued only to an individual resident of the State who is 12 years of age or older but younger than 70 years of age. Except for individuals qualifying for a discounted license pursuant to G.S. 113-276(o), a resident who is 50 years of age or older but younger than 70 years of age shall be eligible to purchase this license at fifty percent (50%) of the applicable fee.
(4) Nonresident Lifetime Sportsman License - $1,200. This license shall be issued only to an individual nonresident of the State.
(5) Age 70 Resident Lifetime Sportsman License - $15.00. This license shall be issued only to an individual resident of the State who is at least 70 years of age.
(6) Repealed by Session Laws 2005-455, s. 1.7. effective January 1, 2007.
(7) Resident Disabled Veteran Lifetime Sportsman License - $100.00. This license shall be issued only to an individual who is a resident of the State and who is a fifty percent (50%) or more disabled veteran as determined by the United States Department of Veterans Affairs or as established by rules of the Wildlife Resources Commission.
(8) Resident Totally Disabled Lifetime Sportsman License - $100.00. This license shall be issued only to an individual who is a resident of the State and who is totally and permanently disabled as determined by the Social Security Administration or as established by rules of the Wildlife Resources Commission.
(9) Fallen Wildlife Officers Memorial Lifetime Sportsman License. - This license shall also be known as the John Oliver Edwards Memorial Lifetime Sportsman License and shall be issued free of charge only to a surviving spouse, child, grandchild, or great-grandchild of a wildlife enforcement officer killed in the line of duty. (1993 (Reg. Sess., 1994), c. 684, s. 1; 1997-326, s. 1; 1999-339, s. 4; 2005-455, s. 1.7; 2013-283, s. 2; 2014-100, s. 14.25(e); 2018-82, s. 1; 2019-204, s. 6(c); 2021-160, s. 8(a).)