§ 113-209. Taking polluted shellfish at night or with prior conviction forbidden; penalty. - North Carolina Statutes

§ 113‑209.  Takingpolluted shellfish at night or with prior conviction forbidden; penalty.

(a)        It is unlawful for any person between sunset and sunrise towillfully take or attempt to take shellfish from areas closed to harvest bystatute, rule, or proclamation because of suspected pollution.

(b)        It is unlawful for any person to willfully possess, sell oroffer for sale shellfish taken between sunset and sunrise from areas closed toharvest by statute, rule, or proclamation because of suspected pollution.

(c)        It is unlawful for any person who has been convicted of anoffense under this Chapter within the preceding two years involving shellfishtaken from areas closed because of suspected pollution to willfully take,attempt to take, possess, sell or offer for sale shellfish from areas closed toharvest by statute, rule, or proclamation because of suspected pollution.

(d)        Any person violating any provisions of this section shall beguilty of a Class I felony which may include a fine no less than two thousand fivehundred dollars ($2,500).  Upon conviction of any person for a violation ofthis section, the court shall order the confiscation of all weapons, equipment,vessels, vehicles, conveyances, fish, and other evidence, fruit, andinstrumentalities of the offense.  The confiscated property shall be disposedof in accordance with G.S. 113‑137. (1989, c. 275, s. 1; 1993, c. 539, s. 1301; 1994, Ex. Sess., c. 24, s.14(c).)