In North Carolina, fishing without a license is an infraction, not a crime (G.S. 113-135(a)), and an offense that is solely a violation of a Wildlife Resources Commission rule is capped at a $25 fine (G.S. 113-135.1(a)). A citation written out of a commercial fishing operation is a different problem: a Class A1 misdemeanor under G.S. 113-187(a).
Recreational and commercial citations are two different problems
Most pages on this subject treat every wildlife or fisheries citation the same way. North Carolina law does not. The recreational angler who gets stopped on the water and the commercial fisherman who gets boarded are looking at different offense classes, different fines, and very different license consequences.
On the recreational side, the default penalty in G.S. 113-135(a) is a Class 3 misdemeanor for a first conviction and a Class 2 misdemeanor for a second or subsequent conviction within three years. Any prior conviction under the same Subchapter counts toward that enhancement, even if it was a different offense. Fishing without a license, whether under the coastal license requirement in G.S. 113-174.1(a) or the Wildlife Resources Commission license requirement in G.S. 113-270.1B(a), is an infraction. An infraction is a noncriminal violation, so the outcome is a finding of responsibility, not a criminal conviction.
The provision that decides most of these citations is G.S. 113-135.1(a). If the offense is solely a violation of a Wildlife Resources Commission rule, the penalty is limited to a $25 fine. The legislature wrote that cap, in its own words, to keep unsuspecting members of the public from facing harsh criminal penalties for offenses created by agency rules. It does not apply to everything. Subsection (b) pulls out rule violations involving seasons, bag or creel limits, taking fish other than with hook and line, buying or selling wildlife, possessing or transporting live wildlife, taking wildlife at night or with the aid of a conveyance, and falconry, along with anything punishable under G.S. 113-294 and anything involving a dealer or collection-license holder.
| Charge | Level | Statute |
|---|---|---|
| Fishing without a license | Infraction | G.S. 113-135(a) |
| Offense that is solely a WRC rule violation (with the subsection (b) exceptions) | Fine capped at $25 | G.S. 113-135.1(a) |
| General wildlife or fisheries offense, first conviction | Class 3 misdemeanor | G.S. 113-135(a)(1) |
| Second or subsequent conviction within three years | Class 2 misdemeanor | G.S. 113-135(a)(2) |
| Hunting, fishing or trapping on posted land without written permission | Class 2 misdemeanor | G.S. 14-159.6(a) |
| Using an improper, false or altered license, or a false license application | Class 1 misdemeanor | G.S. 113-174.1(f) |
| Taking or possessing a state-protected wild animal | Class 1 misdemeanor | G.S. 113-337(a), (b) |
| Participating in a commercial fishing operation conducted in violation of the law or rules | Class A1 misdemeanor | G.S. 113-187(a) |
| Closed-area shellfish, trawling in closed waters, primary nursery area gear, permit or gear-license violations | Class A1 misdemeanor, mandatory | G.S. 113-187(d) |
The specific wildlife offenses in G.S. 113-294 are all misdemeanors; the word felony does not appear in that section. Shellfish is the exception that matters here. Under G.S. 113-209, taking shellfish from waters closed for pollution, at night or with a recent prior, is a Class I felony carrying a fine of not less than $2,500 and mandatory confiscation of the gear, the vessel and the catch. What that section does carry is mandatory minimum fines stacked on top of the misdemeanor class: $250 for unlawfully taking, possessing or transporting a deer, $500 for spotlighting deer between a half hour after sunset and a half hour before sunrise, $250 for unlawfully selling or buying wildlife, and $2,000 for a bear or bear part, where each act is a separate offense.
The license is usually the real stake
On the Marine Fisheries side the consequence is automatic and it is severe. Under G.S. 113-171(a), on a qualifying conviction the Secretary must suspend, revoke and reissue every license the person holds. That statute defines conviction to include a guilty plea, a bond forfeiture accepted in lieu of trial, and a case in which a prayer for judgment was continued. A PJC does not save a commercial license. A licensee then has 20 days after receiving the notice to contest a Marine Fisheries license suspension, the license stays suspended while that is pending, and if reissuance is refused the applicant waits at least six months to reapply (G.S. 113-171(e), (f)). That contested case is an administrative proceeding, separate from the criminal charge.
The Wildlife Resources Commission side works differently. Suspension is mandatory only for a suspension offense, meaning a violation carrying a penalty greater than a first-offense Class 3 (G.S. 113-276.3(d)). Listed offenses draw two years; other suspension offenses draw one. And under G.S. 113-276.3(e), a court order under G.S. 113-277 supersedes the administrative suspension. That is something a lawyer can ask the court to address in the judgment rather than leaving it to the agency by default.
Losing a license is not a criminal punishment. G.S. 113-135(b) calls revocation and property seizure noncriminal sanctions that do not oust criminal liability, which is why a person can be sentenced and lose the license for the same incident. Replacement-cost schedules for the resource itself are set by the Commissions under G.S. 113-267, separate from any fine.
Stops, boardings and seized gear
Marine fisheries inspectors and wildlife enforcement officers hold peace-officer powers, may temporarily stop a person engaged in the regulated activity to check compliance, and may stop a conveyance transporting seafood for inspection (G.S. 113-136(a), (f), (g)). That is why a stop on the water can happen on a narrower showing than a roadside traffic stop requires. Under G.S. 113-137(c), an officer with probable cause may seize fish, wildlife, weapons, equipment or a vessel, whether or not anyone is present to be arrested. Nets, coolers, a skiff or an outboard can be gone before court, and getting them addressed is a separate task from the charge itself.
What happens in Carteret County
Carteret County has one courthouse and it is in Beaufort, on Broad Street. A citation of this kind is set in District Court there no matter where in the county it was written. Joel Hancock appears in that courthouse regularly and knows how its criminal and traffic calendars run. He can file a notice of appearance, review the citation and the officer’s basis for the stop or boarding, check whether the offense charged is actually a rules-only violation subject to the $25 cap, raise the written-permission element on a posted-land charge, negotiate with the prosecutor, and address the license consequence and any seized gear on the record. Missing the court date creates a second problem, an order for arrest and a failure to appear, so the date on the citation matters even when the underlying charge is small. Related charges are covered on the misdemeanor defense page.
What it costs
Hancock Law Firm quotes a flat fee up front, before anyone is hired, and offers payment plans in most cases. The first conversation is free. Court costs, fines and any replacement costs assessed by the court are separate from the fee. More detail is on the page explaining what a defense costs.
Frequently asked questions
Is fishing without a license a crime in North Carolina?
No. G.S. 113-135(a) makes fishing without a license an infraction, which is a noncriminal violation. The result is a finding of responsibility and a penalty, not a criminal conviction. July 4 is also a statewide free fishing day under G.S. 113-174.1(a2), though every other rule still applies that day.
Can a wildlife or fisheries charge in North Carolina be a felony?
Usually not, but there is an important exception. G.S. 113-294, which carries the specific wildlife offenses, contains no felony at all. Taking shellfish from pollution-closed waters is different: G.S. 113-209 makes it a Class I felony with a $2,500 minimum fine and mandatory confiscation. Every offense there is a Class 3, Class 2, Class 1 or Class A1 misdemeanor. What it does add are mandatory minimum fines, including $250 for a deer, $500 for spotlighting and $2,000 for a bear.
Will a conviction cost me my commercial fishing license?
On the Marine Fisheries side, G.S. 113-171(a) requires the Secretary to suspend and revoke all licenses held on a qualifying conviction, and that statute counts a guilty plea, a bond forfeiture and a prayer for judgment continued as convictions. A petition for a contested case must be filed within 20 days of the notice.
Why could an officer stop my boat without seeing me do anything wrong?
G.S. 113-136 lets marine fisheries inspectors and wildlife enforcement officers temporarily stop a person they reasonably believe is engaged in the regulated activity, to check compliance, and to stop conveyances transporting seafood for inspection. That authority is broader than a roadside traffic stop, which is why boardings happen without the usual suspicion requirement.
Can they keep my nets, gear or boat?
G.S. 113-137(c) allows an officer with probable cause to seize fish, wildlife, weapons, equipment or vessels connected to the alleged offense, even when nobody is present to arrest. Recovering seized property is handled separately from the charge, and it is worth raising early rather than waiting for the court date.
Talk to a Carteret County wildlife and fisheries lawyer
If a wildlife enforcement officer or a marine fisheries inspector has written a citation, the first useful step is finding out what was actually charged and whether a license is on the line. Call Hancock Law Firm at 252-515-1516 or send a message below. The first conversation is free and the fee is quoted as a flat number before anyone is hired.
This page is general information about North Carolina law, not legal advice, and reading it does not create an attorney-client relationship. Hancock Law Firm, PLLC handles criminal and traffic matters in Carteret County, North Carolina.