North Carolina § 113-207 - Taking shellfish from certain areas forbidden; penalty.

§ 113-207. Taking shellfish from certain areas forbidden; penalty.

, (b) Repealed by Session Laws 2009-433, s. 7, effective August 7, 2009. It is unlawful for any person to take shellfish within 150 feet of any part of a publicly owned pier beneath which the Division of Marine Fisheries has deposited cultch material. A person who violates this section is guilty of a Class 3 misdemeanor. History (1977, c. 515, s. 1; c. 771, s. 4; 1989, c. 727, s. 103; 1993, c. 539, s. 841; 1994, Ex. Sess., c. 24, s. 14(c); 1999-143, s. 1; 2009-433, s. 7.) Study Penalties Associated with Violations of Laws Regarding Taking Shellfish and Shellfish Aquaculture Operations. - Session Laws 2019-37, s. 10, provides: "The Division of Marine Fisheries of the Department of Environmental Quality, in consultation with the North Carolina Department of Justice and the North Carolina Sentencing and Policy Advisory Commission, shall study the penalties associated with violations of laws regarding taking shellfish and shellfish aquaculture operations. The agencies shall specifically review G.S. 113-207 (Taking shellfish from certain areas forbidden; penalty), G.S. 113-208 (Protection of private shellfish rights), G.S. 113-218 (Protection of private marine aquaculture rights), and G.S. 113-269 (Robbing or injuring hatcheries and other aquaculture operations), and may review other statutes with penalties associated with violations of laws regarding taking shellfish and shellfish aquaculture operations. In their review of the statutes, the agencies shall consider the levels of criminal penalties, fines, and restitution; the consistency and proportionality of the statutes; and whether any of the statutes or their provisions are duplicative. The agencies shall develop recommendations for amendment of the statutes that would make the penalties more consistent and proportional and less duplicative and that would serve to better protect the wild and cultured shellfish resources in the State. The agencies shall report the results of their study, including their recommendations, to the General Assembly no later than March 1, 2020." Editor's Note. - Session Laws 2019-37, s. 13(a), is a severability clause. Effect of Amendments. - Session Laws 2009-433, s. 7, effective August 7, 2009, deleted subsection (a), which read: "To the extent that funds are 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. As used in this section, 'oyster rocks' mean those rocks in the coastal fishing waters upon which oysters grow."; deleted subsection (b), which read: "It 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."; and in subsection (c), made a minor stylistic change.