§ 113-185. Fishing near ocean piers; trash or scrap fishing.
§ 113‑185. Fishingnear ocean piers; trash or scrap fishing.
(a) It is unlawful to fish in the ocean from vessels or with anet within 750 feet of an ocean pier licensed in accordance with G.S. 113‑169.4.The prohibition shall be effective when:
(1) Buoys or beach markers, placed at the owner's expense inaccordance with the rules adopted by the Marine Fisheries Commission, indicateclearly to fishermen in vessels and on the beach the requisite distance of 750feet from the pier, and
(2) The public is allowed to fish from the pier for a reasonablefee.
Theprohibition shall not apply to littoral proprietors whose property is within750 feet of a duly licensed ocean pier.
(b) It is unlawful to engage in any fishing operations known astrash fishing or scrap fishing. "Trash fishing" or "scrapfishing" consists of taking the young of edible fish before they are ofsufficient size to be of value as individual food fish:
(1) For commercial disposition as bait; or
(2) For sale to any dehydrating or nonfood processing plant; or
(3) For sale or commercial disposition in any manner.
The Marine Fisheries Commission may by rule authorize the dispositionof the young of edible fish taken in connection with the legitimate commercialfishing operations, provided that the quantity of such fish that may bedisposed of is sufficiently limited, or the taking and disposition is otherwiseso regulated, as to discourage any practice of trash or scrap fishing for itsown sake. (1965, c. 957, s.2; 1973, c. 1262, ss. 28, 86; 1985, c. 452, ss. 1‑4; 1987, c. 641, s. 5;c. 827, s. 98; 1991, c. 86, s. 2; 1998‑225, s. 3.4.)