§ 113-171.1. Use of spotter planes in commercial fishing operations regulated.

§ 113‑171.1.  Use of spotter planes incommercial fishing operations regulated.

(a)        Spotter Plane Defined. – A "spotter plane" is anaircraft used for aerial identification of the location of fish in coastalfishing waters so that a vessel may be directed to the fish.

(b)        License. – Before an aircraft is used as a spotter plane ina commercial fishing operation, the owner or operator of the aircraft mustobtain a license for the aircraft from the Division. The fee for a license fora spotter plane is one hundred dollars ($100.00). An applicant for a licensefor a spotter plane shall include in the application the identity, either byboat or by company, of the specific commercial fishing operations in which thespotter plane will be used during the license year. If, during the course ofthe license year, the aircraft is used as a spotter plane in a commercialfishing operation that is not identified in the original license application,the owner or operator of the aircraft shall amend the license application toadd the identity of the additional commercial fishing operation.

(c)        Unlawful Activity. – It shall be unlawful to:

(1)        Use a spotter plane directed at food fish, except inconnection with a purse seine operation authorized by a rule of the Commission.

(2)        Use or permit the use of an unlicensed spotter plane or alicensed spotter plane whose license application does not identify the specificcommercial fishing operation involved.

(3)        Participate knowingly in a commercial fishing operation thatuses an unlicensed spotter plane or a licensed spotter plane whose licenseapplication does not identify the specific commercial fishing operationinvolved.

(d)        Violation a Misdemeanor. – A violation of subsection (c) ofthis section is a Class 1 misdemeanor. (1997‑400, s.5.1; 2001‑213, s. 2.)