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NORTH CAROLINA STATUTES AND CODES
§ 113-268. Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots, etc.
§ 113‑268. Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots,etc.
(a) It is unlawful for any person without the authority of theowner of the equipment to take fish from nets, traps, pots, and other devicesto catch fish which have been lawfully placed in the open waters of the State.
(b) It is unlawful for any master or other person having themanagement or control of a vessel in the navigable waters of the State towillfully, wantonly, and unnecessarily do injury to any seine, net or pot whichmay lawfully be hauled, set, or fixed in such waters for the purpose of takingfish except that a net set across a channel may be temporarily moved toaccommodate persons engaged in drift netting, provided that no fish are removedand no damage is done to the net moved.
(c) It is unlawful for any person to willfully steal, destroy,or injure any buoys, markers, stakes, nets, pots, or other devices on propertylawfully set out in the open waters of the State in connection with any fishingor fishery.
(d) Violation of subsections (a), (b), or (c) is a Class A1misdemeanor.
(e) The Department may, either before or after the institutionof any other action or proceeding authorized by this section, institute a civilaction for injunctive relief to restrain a violation or threatened violation ofsubsections (a), (b), or (c) of this section pursuant to G.S. 113‑131.The action shall be brought in the superior court of the county in which theviolation or threatened violation is occurring or about to occur and shall bein the name of the State upon the relation of the Secretary. The court, inissuing any final order in any action brought pursuant to this subsection may,in its discretion, award costs of litigation including reasonable attorney andexpert‑witness fees to any party. (1987, c. 636, s. 1; 1989, c. 727, s. 112; 1993, c. 539, s. 849; 1994,Ex. Sess., c. 24, s. 14(c); 1998‑225, s. 3.9.)