North Carolina § 113-168 - 4. Sale of fish.

§ 113-168. 4. Sale of fish.

Except as otherwise provided in this section, it is unlawful for any person who takes or lands any species of fish under the authority of the Commission from coastal fishing waters by any means whatever, including mariculture operations, to sell, offer for sale, barter or exchange these fish for anything of value without holding a license required to sell the type of fish being offered. Except as otherwise provided in this section, it is unlawful for any person licensed under this Article to sell fish taken outside the territorial waters of the State or to sell fish taken from coastal fishing waters. A person licensed under this Article may sell fish taken outside the territorial waters of the State or sell fish taken from coastal fishing waters under any of the following circumstances: The sale is to a fish dealer licensed under G.S. 113-169.3. The sale is to the public and the seller is a licensed fish dealer under G.S. 113-169.3. The sale is of oysters or clams from a hatchery or aquaculture operation to the holder of an Aquaculture Operation Permit, an Under Dock Culture Permit, or a shellfish cultivation lease for further grow out. A person who organizes a recreational fishing tournament may sell fish taken in connection with the tournament pursuant to a recreational fishing tournament license to sell fish. A person who organizes a recreational fishing tournament may obtain a recreational fishing tournament license to sell fish upon application to the Division and payment of a fee of one hundred twenty-five dollars ($125.00). It is unlawful for any person licensed under this subsection to sell fish to any person other than a fish dealer licensed under G.S. 113-169.3 unless the seller is also a licensed fish dealer. A recreational fishing tournament is an organized fishing competition occurring within a specified time period not to exceed one week and that is not a commercial fishing operation. Gross proceeds from the sale of fish may be used only for charitable, religious, educational, civic, or conservation purposes and shall not be used to pay tournament expenses. History (1997-400, s. 5.1; 1998-225, s. 4.13; 2001-213, s. 2; 2009-433, s. 1; 2013-360, s. 14.8(d).) Effect of Amendments. - Session Laws 2009-433, s. 1, effective August 7, 2009, rewrote subsection (b). Session Laws 2013-360, s. 14.8(d), effective August 1, 2013, substituted "one hundred twenty-five dollars ($125.00)" for "one hundred dollars ($100.00)" in subsection (c). Opinions of Attorney General For a discussion of whether a person's participation in a fishing tournament can constitute a sale of fish requiring an endorsement to sell fish, see opinion of Attorney General to Preston P. Pate, Jr., Director Division of Marine Fisheries, 1998 N.C.A.G. 15 (3/4/98).