NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 469

SENATE BILL 252

 

 

AN ACT TO AMEND CHAPTER 75A OF THE GENERAL STATUTES PERTAINING TO THE RENEWAL OF CERTIFICATES OF NUMBER OF COMMERCIAL FISHING BOATS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 75A‑5 is hereby amended by changing the period at the end thereof to a semicolon and by adding the following clause:

"provided, there shall be no fee required for renewal of certificates of number which have been previously issued to commercial fishing boats as defined in G.S. 75A‑5A, upon compliance with all of the requirements of that Section."

Sec. 2.  G.S. 75A is amended by adding following G.S. 75A‑5, a new Section to be designated G.S. 75A‑5A, and to read as follows:

"G.S. 75A‑5A.  Commercial fishing boats; renewal of number. (a) The owner or operator of any commercial fishing boat which is currently licensed for the use of commercial fishing gear under the provisions of G.S. 113‑174.7, shall be entitled to renewal of the certificate of number of such boat when such owner has complied with all of the conditions of this Section.

"(b)      For the purpose of this Section, commercial fishing boats are defined as motorboats which are used primarily for commercial fishing operations, from which operations the owners and/or operators thereof derived more than one-half of their gross incomes during the preceding calendar year.

"(c)       In order to be entitled to renewal of certificate of number under the provisions of this Section, the owner of the boat shall submit, and the Wildlife Resources Commission shall require:

"(1)      The regular application for renewal of the certificate of number of such boat, as provided by G.S. 75A‑5; and

"(2)      A statement, on a form to be supplied by the Commission, and signed by the applicant, that the boat for which the application for renewal is made is a commercial fishing boat as herein defined.

"(3)      A receipt, signed by an authorized agent of the Department of Conservation and Development, and bearing the number awarded to the boat under the provisions of this Chapter, showing that the commercial fishing boat license tax imposed by G.S. 113‑174.7 has been paid for such boat for the period during which the application for renewal of the certificate of number is submitted.

"(d)      Any person who shall willfully give false information upon the application or the statement required by the preceding paragraph, or who shall falsify any tax receipt thereby required, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or imprisonment, or both, in the discretion of the court."

Sec. 3.  Nothing in this Act shall be construed to change the fee for the original registration of any motorboat under the provisions of said Chapter, or for the renumbering of any motorboat the number of which has lapsed by reason of nonrenewal.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective from and after July 1, 1961.

In the General Assembly read three times and ratified, this the 23rd day of May, 1961.