GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 275
The General Assembly of North Carolina enacts:
Section 1. Article 16 of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113-209. Taking polluted shellfish at night or with prior conviction forbidden; penalty.
(a) It is unlawful for any person between sunset and sunrise to willfully take or attempt to take shellfish from areas closed to harvest by statute, rule, or proclamation because of suspected pollution.
(b) It is unlawful for any person to willfully possess, sell or offer for sale shellfish taken between sunset and sunrise from areas closed to harvest by statute, rule, or proclamation because of suspected pollution.
(c) It is unlawful for any person who has been convicted of an offense under this Chapter within the preceding two years involving shellfish taken from areas closed because of suspected pollution to willfully take, attempt to take, possess, sell or offer for sale shellfish from areas closed to harvest by statute, rule, or proclamation because of suspected pollution.
(d) Any person violating any provisions of this section shall be guilty of a Class I felony and upon conviction shall, at a minimum, be fined no less than two thousand five hundred dollars ($2,500) or be imprisoned for no less than one year. A second or subsequent conviction under this section within two years of a preceding conviction shall be punished by imprisonment for no less than three years. Upon conviction of any person for a violation of this section, the court shall order the confiscation of all weapons, equipment, vessels, vehicles, conveyances, fish, and other evidence, fruit, and instrumentalities of the offense. The confiscated property shall be disposed of in accordance with G.S. 113-137."
Sec. 2. G.S. 113-187 reads as rewritten:
"§
113-187. Penalties for violations of Article Subchapter and
rules.
(a) It is unlawful for
any Any person to who participate participates
in a any commercial fishing operation conducted in violation
of any provision of this Article Subchapter and its implementing
rules or in any an operation in connection with which any vessel
is used in violation of any provision of this Article Subchapter and
its implementing rules. rules is guilty of a misdemeanor punishable
in the discretion of the court.
(b) Any owner of a vessel
who knowingly permits it to be used in violation of any provision of this Article
Subchapter and its implementing rules is guilty of a misdemeanor
punishable in the discretion of the court.
(c) Any person in charge
of a commercial fishing operation conducted in violation of any provision of
this Article Subchapter and its implementing rules or in charge
of any vessel used in violation of any provision of this Article Subchapter
and its implementing rules is guilty of a misdemeanor punishable in the
discretion of the court.
(d) Any person in charge
of a commercial fishing operation conducted in violation of the following
provisions of this Subchapter or the following rules and regulations [and
rules] of the Marine Fisheries Commission; and any person in charge of any
vessel used in violation of the following provisions of the Subchapter or the
following rules and regulations [and rules], rules, shall be
guilty of a misdemeanor punishable by a fine of not less than fifty dollars
($50.00) nor more than two hundred fifty dollars ($250.00) for the first
offense and not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for any offense thereafter, or imprisonment for not
more than 30 days, six months, or both. The violations of the
statute or the rules and regulations [and rules] for which this the
penalty is mandatory are:
(1) Taking or attempting
to take, possess, sell, or offer for sale any oysters oysters,
mussels, or clams taken from areas closed by statute, rule, or proclamation
because of suspected pollution.
(2) Taking or attempting
to take or have in possession aboard a vessel, shrimp taken by the use of a
trawl net between January 1 and the date upon which the shrimping season
shall be opened by the Secretary. net, in areas not opened to shrimping,
pulled by a vessel not showing lights required by G.S. 75A-6 after sunset and
before sunrise.
(3) Using a trawl net in
any coastal fishing waters closed by proclamation or rule for the protection
of the shrimp population or juveniles of any other species of major economic
importance. to trawl nets.
(4) Violating the provisions of a special permit or gear license issued by the Department.
(5) Using or attempting to
use any trawl net net, long haul seine, swipe net, mechanical methods
for oyster or clam harvest or dredge in designated primary nursery
areas."
Sec. 3. This act shall become effective October 1, 1989, and shall apply to offenses occurring on or after that date.
In the General Assembly read three times and ratified this the 12th day of June, 1989.