§ 113-184. Possession and transportation of prohibited oyster equipment. - North Carolina Statutes

§ 113‑184. Possession and transportation of prohibited oyster equipment.

(a)        It is unlawful to carry aboard any vessel subject tolicensing requirements under Article 14A under way or at anchor in coastalfishing 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 oysterharvesting operations on any privately held shellfish bottom lease under G.S.113‑202 or G.S. 113‑205, the vessel shall be exempt from thisrequirement.

(b)        If any vessel has recently been under way or at anchor incoastal fishing waters engaged in activity similar in manner to that in whichoysters are taken with scoops, scrapes, or dredges and at a time or place inwhich the taking of oysters is prohibited, the presence on board of the vesselof wet oysters or scoops, scrapes, dredges, lines, or deck wet, indicating thetaking of oysters, constitutes prima facie evidence that the vessel was engagedin taking oysters unlawfully with scoops, scrapes, or dredges at the time orplace 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(c)        Repealed by Session Laws 1991, c. 86, s. 1.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.)