North Carolina § 75A-2 - Definitions.

§ 75A-2. Definitions.

As used in this Chapter, unless the context clearly requires a different meaning: "Abandoned vessel" means a vessel that has been relinquished, left, or given up by the lawful owner without the intention to later resume any right or interest in the vessel. The term does not include a vessel that is left by an owner or agent of the owner with any person or business for the purpose of storage, maintenance, or repair and that is not subsequently reclaimed. "Certificate of number" means the document and permanent identification number issued by the Wildlife Resources Commission for the purpose of registering a vessel in this State. "Commission" means the Wildlife Resources Commission. "Director" means the Executive Director of the Wildlife Resources Commission. "Electric generating facility" means any plant facilities and equipment used for the purposes of producing, generating, transmitting, delivering, or furnishing electricity for the production of power. "Motorboat" means any vessel equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion: Provided, that "propulsion machinery" as used in this section shall not include an electric motor when used as the only means of mechanical propulsion of any vessel. "No-wake speed" means idle speed or slow speed creating no appreciable wake. "Operate" means to navigate or otherwise use or occupy any motorboat or vessel that is afloat. "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security. "Person" means an individual, partnership, firm, corporation, association, or other entity. "Underway" means a vessel that is not at anchor, or made fast to the shore, or aground. "Vessel" means every description of watercraft or structure, other than a seaplane on the water, used or capable of being used as a means of transportation or habitation on the water. "Waters of this State" means any waters within the territorial limits of this State, and the marginal sea adjacent to this State and the high seas when navigated as a part of a journey or ride to or from the shore of this State, but does not include private ponds as defined in G.S. 113-129. Redesignated as subdivision (1d). History (1959, c. 1064, s. 2; 1965, c. 634, s. 1; 1969, c. 87; 1975, c. 340, s. 1; 1983, c. 446, s. 1; 1993 (Reg. Sess., 1994), c. 753, s. 2; 2006-185, s. 1.) Effect of Amendments. - Session Laws 2006-185, s. 1, effective January 1, 2007, and applicable to offenses committed on or after January 1, 2007, added subdivisions (1), (1a), (1b), and (1c); redesignated former subdivision (1) as present subdivision (1e); in subdivision (1e), substituted "the machinery" for "such machinery" near the beginning and deleted ": Provided further, that the term 'motorboat' shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto" following "any vessel" at the end; added subdivision (1f); in subdivision (2), substituted "any" for "a" and deleted "vessel, and shall be applicable to any motorboat or" preceding "vessel"; added subdivision (4a); and transferred the provisions of former subdivision (7) to subdivision (1d).