§ 113-168.4. Sale of fish.
§ 113‑168.4. Sale offish.
(a) Except as otherwiseprovided in this section, it is unlawful for any person who takes or lands anyspecies of fish under the authority of the Commission from coastal fishingwaters by any means whatever, including mariculture operations, to sell, offerfor sale, barter or exchange these fish for anything of value without holding alicense required to sell the type of fish being offered.
(b) Except as otherwiseprovided in this section, it is unlawful for any person licensed under thisArticle to sell fish taken outside the territorial waters of the State or tosell fish taken from coastal fishing waters. A person licensed under thisArticle may sell fish taken outside the territorial waters of the State or sellfish taken from coastal fishing waters under any of the followingcircumstances:
(1) The sale is to afish dealer licensed under G.S. 113‑169.3.
(2) The sale is to thepublic and the seller is a licensed fish dealer under G.S. 113‑169.3.
(3) The sale is ofoysters or clams from a hatchery or aquaculture operation to the holder of anAquaculture Operation Permit, an Under Dock Culture Permit, or a shellfishcultivation lease for further grow out.
(c) A person whoorganizes a recreational fishing tournament may sell fish taken in connectionwith the tournament pursuant to a recreational fishing tournament license tosell fish. A person who organizes a recreational fishing tournament may obtaina recreational fishing tournament license to sell fish upon application to theDivision and payment of a fee of one hundred dollars ($100.00). It is unlawfulfor any person licensed under this subsection to sell fish to any person otherthan a fish dealer licensed under G.S. 113‑169.3 unless the seller isalso a licensed fish dealer. A recreational fishing tournament is an organizedfishing competition occurring within a specified time period not to exceed oneweek and that is not a commercial fishing operation. Gross proceeds from thesale of fish may be used only for charitable, religious, educational, civic, orconservation 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.)