113-184. Possession and transportation of prohibited oyster equipment.
(a) It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14A under way or at anchor in coastal fishing waters during the regular closed oyster season any scoops, scrapes, dredges, or winders such as are usually or can be used for taking oysters. Provided that when such vessels are engaged in lawfully permitted oyster harvesting operations on any privately held shellfish bottom lease under G.S. 113-202 or G.S. 113-205, the vessel shall be exempt from this requirement.
(b) If any vessel has recently been under way or at anchor in coastal fishing waters engaged in activity similar in manner to that in which oysters are taken with scoops, scrapes, or dredges and at a time or place in which the taking of oysters is prohibited, the presence on board of the vessel of wet oysters or scoops, scrapes, dredges, lines, or deck wet, indicating the taking of oysters, constitutes prima facie evidence that the vessel was engaged in taking oysters unlawfully with scoops, scrapes, or dredges at the time or place prohibited.
(c) Repealed by Session Laws 1991, c. 86, s. 1. (1903, c. 516, ss. 13-15, 28; Rev., ss. 2385, 2397; C.S., s. 1926; 1963, c. 452; 1965, c. 957, s. 2; 1991, c. 86, s. 1; 1991 (Reg. Sess., 1992), c. 788, s. 1; 1998-225, s. 3.3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113 - Conservation and Development
Article 15 - Regulation of Coastal Fisheries.
§ 113-181 - Duties and powers of Department.
§ 113-182 - Regulation of fishing and fisheries.
§ 113-182.1 - Fishery Management Plans.
§ 113-183 - Unlawful possession, transportation and sale of fish.
§ 113-184 - Possession and transportation of prohibited oyster equipment.
§ 113-185 - Fishing near ocean piers; trash or scrap fishing.
§ 113-186 - Measures for fish scrap and oil.
§ 113-187 - Penalties for violations of Subchapter and rules.
§ 113-188 - Additional restrictions authorized.
§ 113-189 - Protection of sea turtles, marine mammals, migratory birds, and finfish.
§ 113-190 - Recodified as § 113-200 by Session Laws 1997-400, s6.7.
§ 113-191 - Unlawful sale or purchase of fish; criminal and civil penalties.