GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 788
AN ACT TO AMEND THE GENERAL STATUTES RELATING TO SHELLFISH LEASES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 113-184(a) reads as rewritten:
"(a) It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14 under way or at anchor in coastal fishing waters during the regular closed oyster season any scoops, scrapes, dredges, or winders such as are usually or can be used for taking oysters. Provided that when such vessels are engaged in lawfully permitted oyster harvesting operations on any privately held shellfish bottom lease under G.S. 113-202 or G.S. 113-205, the vessel shall be exempt from this requirement."
Sec. 2. G.S. 113-202(n) reads as rewritten:
"(n) Upon final
termination of any leasehold, the bottom in question is thrown open to the
public for use in accordance with laws and rules governing use of public
grounds generally. Agents of the Secretary are required as soon as possible
after termination of lease to remove all markers denominating the area of the
leasehold as a private bottom. Within 30 days of final
termination of the leasehold, the former leaseholder shall remove all abandoned
markers denominating the area of the leasehold as a private bottom. The
State may, after 10 days' notice to the owner of the abandoned markers thereof,
remove the abandoned structure and have the area cleaned up. The cost of
such removal and cleanup shall be payable by the owner of the abandoned markers
and the State may bring suit to recover the costs thereof."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 29th day of June, 1992.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives