GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-143
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