It is unlawful to sell, offer for sale, barter, traffic in, or purchase any fish classified as a game fish under the provisions of this title taken from the freshwaters of this State except as allowed by this title. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

1. (1) for a first offense, by a fine of not more than five hundred dollars or imprisonment for not more than thirty days;
2. (2) for a second offense within three years of a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days;
3. (3) for a third or subsequent offense within three years of a second or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than thirty days;
4. (4) for a fourth and subsequent offense within five years of the date of conviction for the first offense must be punished as provided for a third offense.

HISTORY: 1962 Code Section 28-691; 1952 Code Section 28-691; 1942 Code Section 1773-2; 1939 (41) 353; 1952 (47) 2179; 1955 (49) 478; 1959 (51) 346; 1974 (58) 2800; 1993 Act No. 181, Section 1263; 2003 Act No. 60, Section 5; 2012 Act No. 114, Section 5, eff July 1, 2012; 2022 Act No. 137 (H.4907), Section 11, eff April 11, 2022.

Effect of Amendment

The 2012 amendment made no apparent changes.

2022 Act No. 137, Section 11, in the first undesignated paragraph, in the first sentence, substituted "traffic in" for "trafficking in" and "taken from the freshwaters of this State except as allowed by this title" for "except as allowed by this title regardless of where caught".