NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 716

SENATE BILL 151

 

 

AN ACT TO AMEND ARTICLE 14, CHAPTER 113 OF THE GENERAL STATUTES PERTAINING TO FISHING IN BOUNDARY WATERS BY BOUNDARY COUNTY RESIDENTS AND LANDOWNERS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 14 of Chapter 113 of the General Statutes of North Carolina is amended by adding a new Section as follows:

§ 113-146.1.  Boundary Water Exemptions. (a) Where county is bounded by a body of boundary water, residents of such county are deemed to be fishing within their own county for the purposes of the exemption contained in the proviso to § 113-146 if the fishing is done in such body of boundary water:

(1)        from the banks of such body within their own county or

(2)        while located on the surface of or in such body of boundary water.

(b)        Where a municipality is bounded by a boundary river or stream, residents of the county in which the municipality is located may fish in the boundary river or stream from those banks of such river or stream in any adjoining county lying directly opposite to the banks of the municipality in question and be deemed fishing within their county for the purposes of the exemption contained in the proviso to § 113-146. The same is deemed true of fishing from the banks of any island in the boundary river or stream within the area opposite the banks of the municipality or municipalities.

(c)        For the purposes of this Section, a body of boundary water includes:

(1)        Boundary rivers and streams.

(2)        The open stretch of impounded waters of boundary rivers or streams lying along the course of a county boundary line.

(3)        The open stretch of lakes fed by a boundary river or stream through which a county boundary line passes.

(d)        For the purposes of this Section, a boundary river or stream is such portion of a river or stream which either forms a county boundary line or follows the course of such a line. Such line may follow the middle, thread, some former channel, the edge, or some other course in, along, under, or touching the waters of such river or stream so long as the course of the river or stream substantially represents or follows the course of such boundary line.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 27th day of May, 1965.