§ 113-208. Protection of private shellfish rights. - North Carolina Statutes

§ 113‑208. Protection of private shellfish rights.

(a)        It is unlawful for any person, other than the holder ofprivate shellfish rights, to take or attempt to take shellfish from anyprivately leased, franchised, or deeded shellfish bottom area without writtenauthorization of the holder and with actual knowledge it is a private shellfishbottom area. Actual knowledge will be presumed when the shellfish are taken orattempted to be taken:

(1)        From within the confines of posted boundaries of the area asidentified by signs, whether the whole or any part of the area is posted, or

(2)        When the area has been regularly posted and identified andthe person knew the area to be the subject of private shellfish rights.

Aviolation of this section shall constitute a Class A1 misdemeanor, which mayinclude a fine of not more than five thousand dollars ($5,000). The writtenauthorization shall include the lease number or deed reference, name andaddress of authorized person, date of issuance, and date of expiration, and itmust be signed by the holder of the private shellfish right. Identificationsigns shall include the lease number or deed reference and the name of theholder.

(b)        The prosecutor shall dismiss any case brought for aviolation of this section if the defendant produces a notarized writtenauthorization in conformance with subsection (a) which states that thedefendant had permission to take oysters or clams from the leased area at thetime of the alleged violation; except the prosecutor may refuse to dismiss thecase if he has reason to believe that the written authorization is fraudulent. (1979, c. 537; 1987, c. 463; 1989, c. 281, s. 2; 1993,c. 539, s. 842; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑225, s. 3.7.)