113-168.4. Sale of fish.
(a) 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.
(b) 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:
(1) The sale is to a fish dealer licensed under G.S. 113-169.3.
(2) The sale is to the public and the seller is a licensed fish dealer under G.S. 113-169.3.
(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.
(c) 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. (1997-400, s. 5.1; 1998-225, s. 4.13; 2001-213, s. 2; 2009-433, s. 1; 2013-360, s. 14.8(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113 - Conservation and Development
Article 14A - Coastal and Estuarine Commercial Fishing Licenses.
§ 113-168.1 - General provisions governing licenses and endorsements.
§ 113-168.2 - Standard Commercial Fishing License.
§ 113-168.3 - Retired Standard Commercial Fishing License.
§ 113-168.5 - License endorsements for Standard Commercial Fishing License.
§ 113-168.6 - Commercial fishing vessel registration.
§ 113-169.1 - Permits for gear, equipment, and other specialized activities authorized.
§ 113-169.2 - Shellfish license for North Carolina residents without a SCFL.
§ 113-169.3 - Licenses for fish dealers.
§ 113-169.4 - Licensing of ocean fishing piers; fees.
§ 113-169.5 - Land or sell license; vessels fishing beyond territorial waters.
§ 113-170 - Exportation and importation of fish and equipment.
§ 113-170.1 - Nonresidents reciprocal agreements.
§ 113-170.2 - Fraud or deception as to licenses, permits, or records.
§ 113-170.3 - Record-keeping requirements.
§ 113-170.4 - Rules as to possession, transportation, and disposition of fisheries resources.
§ 113-170.5 - Violations with respect to coastal fisheries resources.
§ 113-171 - Suspension, revocation, and reissuance of licenses.
§ 113-171.1 - Use of spotter planes in commercial fishing operations regulated.
§ 113-173 - Recreational Commercial Gear License.
§ 113-173.1 - North Carolina Commercial Fishing Resource Fund.