GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

 

 

SESSION LAW 1999-143

SENATE BILL 1047

 

 

AN ACT TO PROHIBIT THE TAKING OF SHELLFISH WITHIN ONE HUNDRED FIFTY FEET OF A PUBLICALLY OWNED PIER BENEATH WHICH THE DIVISION OF MARINE FISHERIES HAS DEPOSITED CULTCH MATERIAL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 113-207 reads as rewritten:

"§ 113-207.  Clamming on posted oyster rocks Taking shellfish from certain areas forbidden; penalty.

(a)       The Department shall post to To the extent that funds are available available, the Department shall post oyster rocks or appropriate landing sites to forbid the taking of clams upon such rocks by use of rakes or tongs or any other device which will disturb or damage the oysters thereon.  Within the meaning of this section, oyster rocks shall be defined as those rocks producing oysters upon which the tide rises and falls.  As used in this section, 'oyster rocks' mean those rocks in the coastal fishing waters upon which oysters grow.

(b)       It shall be is unlawful for any person to take clams on oyster rocks posted by the Department by use of rakes, tongs, or any other device which will disturb or damage the oysters growing thereon.  This section will not apply to the taking of clams by signing.  A violation of this section shall constitute a Class 3 misdemeanor.

(c)       It is unlawful for any person to take shellfish within 150 feet of any part of a publically owned pier beneath which the Division of Marine Fisheries has deposited cultch material.

(d)       A person who violates this section is guilty of a Class 3 misdemeanor."

Section 2.  This act becomes effective September 1, 1999, and applies to violations occurring on or after that date.

In the General Assembly read three times and ratified this the 26th day of May, 1999.

 

 

s/   Marc Basnight

President Pro Tempore of the Senate

 

 

s/   James B. Black

Speaker of the House of Representatives

 

 

s/   James B. Hunt, Jr.

Governor

 

 

Approved 4:25 p.m. this 4th day of June, 1999