GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 1999-143
The General Assembly of North Carolina enacts:
Section 1. G.S. 113-207 reads as rewritten:
Clamming on posted oyster rocks Taking shellfish from
certain areas forbidden; penalty.
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.
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.
Approved 4:25 p.m. this 4th day of June, 1999