§ 113-203. Transplanting of oysters and clams. - North Carolina Statutes

§ 113‑203. Transplanting of oysters and clams.

(a)        It is unlawful totransplant oysters taken from public grounds to private beds except:

(1)        When lawfully takenduring open season and transported directly to a private bed in accordance withrules of the Marine Fisheries Commission.

(2)        Repealed by SessionLaws 2009‑433, s. 6, effective August 7, 2009.

(3)        When thetransplanting is done in accordance with the provisions of this section andimplementing rules.

(a1)      It is lawful totransplant seed clams less than 12 millimeters in their largest dimension andseed oysters less than 25 millimeters in their largest dimension and when theseed clams and seed oysters originate from an aquaculture operation permittedby the Secretary.

(b)        It is lawful totransplant to private beds oysters or clams taken from polluted waters with apermit from the Secretary setting out the waters from which the oysters orclams may be taken, the quantities which may be taken, the times during whichthe taking is permissible, and other reasonable restrictions imposed by theSecretary for the regulation of transplanting operations. Any transplantingoperation which does not substantially comply with the restrictions of thepermit issued is unlawful.

(c)        Repealed by SessionLaws 2009‑433, s. 6, effective August 7, 2009.

(d)        It is lawful totransplant to private beds in North Carolina oysters taken from natural ormanaged public beds designated by the Marine Fisheries Commission as seedoyster management areas. The Secretary shall issue permits to all qualifiedindividuals who are residents of North Carolina without regard to county ofresidence to transplant seed oysters from said designated seed oystermanagement areas, setting out the quantity which may be taken, the times whichthe taking is permissible and other reasonable restrictions imposed to aid theSecretary in the Secretary's duty of regulating such transplanting operations.Persons taking such seed oysters may, in the discretion of the Marine FisheriesCommission, be required to pay to the Department for oysters taken an amount toreimburse the Department in full or in part for the costs of seed oystermanagement operations. Any transplanting operation which does not substantiallycomply with the restrictions of the permit issued is unlawful.

(e)        The MarineFisheries Commission may implement the provisions of this section by rulesgoverning sale, possession, transportation, storage, handling, planting, andharvesting of oysters and clams and setting out any system of marking oystersand clams or of permits or receipts relating to them generally, from bothpublic and private beds, as necessary to regulate the lawful transplanting ofseed oysters and oysters or clams taken from or placed on public or privatebeds.  (1921, c.132, s. 2; C.S., s. 1959(b); 1961, c. 1189, s. 1; 1965, c. 957, s. 2; 1967, c.878; 1973, c. 1262, s. 28; 1977, c. 771, s. 4; 1987, c. 641, s. 6; c. 827, s.98; 1989, c. 727, s. 100; 1997‑400, s. 5.7; 2007‑495, s. 3; 2009‑433,s. 6.)