§ 113-191. Unlawful sale or purchase of fish; criminal and civil penalties. - North Carolina Statutes

§ 113‑191. Unlawful sale or purchase of fish; criminal and civil penalties.

(a)        Any person who sells fish in violation of G.S. 113‑168.4or a rule of the Marine Fisheries Commission to implement that section isguilty of a Class A1 misdemeanor.

(b)        Any person who purchases fish in violation of G.S. 113‑169.3or a rule of the Marine Fisheries Commission to implement that section isguilty of a Class A1 misdemeanor.

(c)        A civil penalty of not more than ten thousand dollars($10,000) may be assessed by the Secretary against any person who sells fish inviolation of G.S. 113‑168.4 or purchases fish in violation of G.S. 113‑169.3.

(d)        In determining the amount of the penalty, the Secretaryshall consider the factors set out in G.S. 143B‑289.53(b). The proceduresset out in G.S. 143B‑289.53 shall apply to civil penalty assessments thatare presented to the Commission for final agency decision.

(e)        The Secretary shall notify any person assessed a civilpenalty of the assessment and the specific reasons therefor by registered orcertified mail or by any means authorized by G.S. 1A‑1, Rule 4. Contestedcase petitions shall be filed pursuant to G.S. 150B‑23 within 30 days ofreceipt of the notice of assessment.

(f)         Requests for remission of civil penalties shall be filedwith the Secretary. Remission requests shall not be considered unless filedwithin 30 days of receipt of the notice of assessment. Remission requests mustbe accompanied by a waiver of the right to a contested case hearing pursuant toChapter 150B of the General Statutes and a stipulation of the facts on whichthe assessment was based. Consistent with the limitations in G.S. 143B‑289.53(c),remission requests may be resolved by the Secretary and the violator. If theSecretary and the violator are unable to resolve the request, the Secretaryshall deliver remission requests and his recommended action to the Committee onCivil Penalty Remissions of the Marine Fisheries Commission appointed pursuantto G.S. 143B‑289.53(c).

(g)        If any civil penalty has not been paid within 30 days afternotice of assessment has been served on the violator, the Secretary shallrequest the Attorney General to institute a civil action in the superior courtof any county in which the violator resides or has his or its principal placeof business to recover the amount of the assessment, unless the violatorcontests the assessment as provided in subsection (e) of this section, orrequests remission of the assessment in whole or in part as provided insubsection (f) of this section. If any civil penalty has not been paid within30 days after the final agency decision or court order has been served on theviolator, the Secretary shall request the Attorney General to institute a civilaction in the superior court of any county in which the violator resides or hashis or its principal place of business to recover the amount of the assessment.Civil actions must be filed within three years of the date the final agencydecision or court order was served on the violator. (1997‑400, ss. 4.2, 4.5; 1998‑225, ss.3.5, 3.6.)